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, FEBRUARY 17, 2005 No. 18 Senate The Senate met at 10 a.m. and was Senator from the State of Alaska, to perform pounds of explosives detonated, killing called to order by the Honorable LISA the duties of the Chair. the former Prime Minister and 13 oth- MURKOWSKI, a Senator from the State TED STEVENS, ers. President pro tempore. of Alaska. Our condolences go out to the Hariri Ms. MURKOWSKI assumed the Chair family and the people of Lebanon. They PRAYER as Acting President pro tempore. have lost a great man, and they have The Chaplain, Dr. Barry C. Black, of- f lost a beloved leader. fered the following prayer: RECOGNITION OF THE MAJORITY Rafiq Hariri served as Prime Minister Let us pray. LEADER in the aftermath of a devastating civil Eternal Spirit, we are disappearing war that wrecked the country for 15 dust without You. The ACTING PRESIDENT pro tem- years. Over his 10 years in office, Prime Draw near to us and enable us to find pore. The majority leader is recog- Minister Hariri helped to revitalize the in Your presence our dignity and des- nized. Lebanese economy and rebuild its shat- tiny. Give us the sovereign knowledge f tered infrastructure, including the re- that we belong to You and have been SCHEDULE birth of Beirut’s historic downtown dis- created in Your image. Teach us to trict. His murder is a direct attack on serve and love humanity. Mr. FRIST. Madam President, today the aspirations of the Lebanese people, Today, keep our Senators safe as the Senate will begin with a period of and an attack on civilization itself. they labor for You and country. Make morning business. Yesterday we de- their tomorrow bright through the un- bated the genetic nondiscrimination We demand an investigation, and we folding of Your powerful providence. legislation and, as a reminder, we will demand that the killers, and any back- Guide them through the darkest night vote on passage of that bill at 3 p.m. ers of the killers, be brought to justice. as they meditate on Your precepts. today. Further, we strongly urge that Syria Show us the path to life and make us Throughout today’s session, we will withdraw its 14,000 troops and intel- glad as we walk with You. also be working on clearing the high ligence personnel in accordance with We pray in Your loving Name. Amen. risk pooling bill, as well as the com- the United Nations Security Council mittee funding resolution. The chair- f Resolution 1559 and the Syria Account- man and ranking member have been ability and Lebanese Sovereignty Res- PLEDGE OF ALLEGIANCE working on a resolution related to Leb- toration Act passed by this body in anon, and we may be able to clear that 2003. The Honorable LISA MURKOWSKI led resolution for floor action. the Pledge of Allegiance, as follows: Later today, I will have more to say We support the President’s decision I pledge allegiance to the Flag of the on tomorrow’s schedule and the sched- to recall our Ambassador from Syria United States of America, and to the Repub- ule for when we return from the Presi- and urge the President to restrict the lic for which it stands, one nation under God, dent’s Day recess. mobility of Syrian diplomats in Wash- indivisible, with liberty and justice for all. ington, DC, and at the United Nations f f in New York City. LEBANON’S FORMER PRIME Furthermore, we urge the President APPOINTMENT OF ACTING MINISTER RAFIQ HARIRI PRESIDENT PRO TEMPORE to seek a United Nations Security Mr. FRIST. Madam President, on Council resolution that establishes an The PRESIDING OFFICER. The leader time, I will make a very brief independent investigation into the as- clerk will please read a communication statement on the assassination of sassination of the Prime Minister. to the Senate from the President pro Rafiq Hariri. Today, the Lebanese people mourn tempore (Mr. STEVENS). On behalf of the Senate, I will spend The legislative clerk read the fol- the murder of a great leader. They line these few moments to rise and con- the streets—Christian, Druze, and lowing letter: demn in the harshest terms the cow- U.S. SENATE, Sunni—in an extraordinary show of ardly and despicable assassination of unity. PRESIDENT PRO TEMPORE, Lebanon’s former Prime Minister Rafiq Washington, DC, February 17, 2005. Our message to them is clear: ‘‘The To the Senate: Hariri. Monday, as Rafiq Hariri’s motorcade United States Senate stands with you. Under the provisions of rule I, paragraph 3, Your voices will be heard.’’ of the Standing Rules of the Senate, I hereby was traveling along Beirut’s Corniche appoint the Honorable LISA MURKOWSKI, a seafront, a car bomb loaded with 600 I yield the floor.

∑ 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 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1582 CONGRESSIONAL RECORD — SENATE February 17, 2005 RESERVATION OF LEADER TIME country, which is why they get on a right direction is through travel and The ACTING PRESIDENT pro tem- boat to try to cross the waters to come trade, through engagement. We have pore. Under the previous order, leader- to America. And if they decide not to followed that rule with Communist ship time is reserved. get on the boat, they can simply tune China and Communist Vietnam, en- into a Miami radio station and hear a couraging people to travel there and f little about America. But we are send- encouraging trade with both. The sole MORNING BUSINESS ing television signals into Cuba exception is with Cuba, where we have The ACTING PRESIDENT pro tem- through TV Marti, which has been had an embargo for over 40 years. Fidel pore. Under the previous order, there funded by the American taxpayers for Castro has lived through 10 U.S. Presi- will now be a period for the transaction 16 years. dencies. His message to the Cuban peo- We are broadcasting television sig- of morning business until 12 noon, with ple is, of course, Our economy is in tat- nals which no one can see because Cas- the first 30 minutes under the control ters; we have a 500-pound gorilla with tro easily jams the signal. We did for a of the Democratic leader or his des- its fist around our neck with an embar- long while televise it from 3 o’clock in ignee, and the second 30 minutes under go. the morning until 8 o’clock in the The quicker way to remove Castro the control of the majority leader or morning. My guess is that, even if the from office, in my judgment, is to open his designee, and the remaining time signals got through, there aren’t a lot trade and travel to Cuba. Nonetheless, shall be divided between the two lead- of Cuban people up at 3 o’clock in the the administration does not want to do ers or their designees. morning watching television. But, that. Mr. FRIST. Madam President, I sug- nonetheless, the signals don’t get So we have travel restrictions in gest the absence of a quorum. through because they are jammed by Cuba. I have held up a poster of Joni The ACTING PRESIDENT pro tem- the Cuban Government. Scott who went to Cuba to distribute pore. The clerk will call the roll. For 16 years, despite the fact that we free Bibles on the street corners in Ha- The assistant legislative clerk pro- are broadcasting signals which no one vana. Do you know what happened to ceeded to call the roll. can see, we have spent $189 million her? She got discovered by the U.S. Mr. DORGAN. Madam President, I broadcasting signals from Fat Albert, Treasury Department and they slapped ask unanimous consent that the order tethered 20,000 feet above the ground, her with a $10,000 fine. I held up a pic- for the quorum call be dispensed with. to Cubans who can’t see it. ture of Joan Sloat who was a retired The ACTING PRESIDENT pro tem- This year, what does the budget re- senior bicyclist who joined a Canadian pore. Without objection, it is so or- quest? The budget request is to double bicycle troop to go biking in Cuba. dered. the funding for TV Marti. It is unbe- They tracked her down as she was by f lievable. People will not understand her son’s bedside, dying of brain can- THE BUDGET this when they look back and say, Wait cer, and they decided to slap her with a second; they spent nearly a quarter a big fine and then decided to attach Mr. DORGAN. Madam President, as of $1 billion sending television signals her Social Security payments. we begin to debate the budget sent to no one could see for over 16 years? They are so obsessed in this adminis- us by President Bush, there will be a They will say, do you mean that at a tration with the issue of Cuba it does lot of discussion in the Chamber about time with record deficits the President not matter how much money they spending restraints, about being con- wanted to double the budget for tele- waste. We have something called the servative, and so on. The budget sent vision signals no one can see? Office of Foreign Assets Control, to us by President Bush proposes the Fat Albert once got loose with 20,000 OFAC, down in the Treasury Depart- highest budget deficit in the history of feet of tethered cable following it. Fat ment. It is supposed to be tracking the our country. I will be going to a hear- Albert wandered into the Everglades. financing of terrorist organizations. Do ing later this morning on the proposal So the thing gets loose and goes over you know what? They have nearly to spend $82 billion more on Iraq and the Everglades, and they are chasing it twice as many people working on Afghanistan. That is not in the budget. with helicopters. Finally, it lands on tracking Americans suspected of tak- It is an emergency request. the top of some trees in the Everglades. ing a vacation in Cuba than they do The President’s proposed budget, They had to find a way to get it off. tracking terrorists’ moneys that are with a deficit well over $400 billion in Helicopters had to come down and com- supporting Osama bin Laden’s organi- history, is short by somewhere around mandos rappelled down to salvage the zation. It is unthinkable that is what $80 billion that will be spent on an equipment. It is a comedy of errors. they are doing, but that is what they emergency in Iraq and Afghanistan, But the administration has a plan are doing. and it also uses the Social Security now. They have decided they are going On top of all of that obsession, what trust fund, which could not be used for to get rid of Fat Albert, or maybe con- we have is a program called Television other purposes. So the real budget def- tinue to use it but only part time. Now Marti which does not work, which icit is around $650 billion, which is a they want to buy an airplane for $8 wastes every dollar it spends, and the very serious problem. Our fiscal policy million so they can send an airplane up President says, Let’s double the fund- is off track, and we need to get it on to send television signals to TV Marti ing, at a time when we have the high- track. to the Cuban people who can’t see est budget deficit in the history of this We are going to talk about spending them; $8 million for the airplane, $11 country. issues as we go along in this budget million for the broadcast, and $2 mil- There are some areas of Federal process. There will be some discussion lion for maintenance on the plane. spending that ought to be abolished. I, about big issues, and some about small It is like Katy bar the door; it is as along with my colleague Senator issues. if there is no deficit. WYDEN and others, will offer legisla- Let me talk for a moment about two It is unbelievable to me that we are tion to abolish this spending. It is un- issues that represent, I think, a pro- going to continue to spend money we believable. found waste of taxpayers’ money. do not have on something we do not I didn’t mention that on October 10, Let me introduce you to Fat Albert. need, and send television signals from 2003, the President held a Rose Garden This is an AEROSAT blimp, an an aerostat balloon and now an air- event to say he was going to supple- AEROSAT balloon. Fat Albert has been plane that viewers cannot see. This ment the efforts of Fat Albert to send around for some while. In fact, Fat Al- does not pass the laugh test. signals to the Cubans because they are bert is tethered about 20,000 feet above I am no fan of Fidel Castro. I want jammed, by taking a high-tech air- the ground with thousands of feet of the Cuban people to be free. I want de- plane, called a Commando Solo C–130. cable, and it is used with camera equip- mocracy to come to Cuba. There are only a handful in the world ment to send television signals into But our country has decided, with and we have used them in big trouble Cuba to tell the Cuban people how won- China and with North Vietnam, both spots in the world to be able to broad- derful life is in our country. Of course, Communist countries, the best way to cast emergency signals to people. But they know how wonderful life is in our move a Communist country in the the President announced he was going

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 17, 2005 CONGRESSIONAL RECORD — SENATE S1583 to use a National Guard Commando to the world that nuclear weapons trating the Earth and busting caves, Solo C–130 to broadcast signals into should never again be used in anger with the implication that it is clearly Cuba. So they have been using Defense under any circumstance. something we could, should, and would Department funds to broadcast signals We have thousands of them. The loss use under certain circumstances, is ex- to Cuba that are jammed. It is not of one would cause an apoplectic sei- actly the wrong approach and a dan- enough, apparently, to broadcast sig- zure among the cities in our country. gerous message from this country, es- nals from a big old aerostat balloon There was a time when it was thought pecially. that the Cuban people cannot see, now one nuclear weapon from the Russian The burden falls on our shoulders to we have a highly sophisticated C–130. arsenal was stolen and it caused a be a leader in stopping the prolifera- And now even that is not enough. Now great seizure among intelligence orga- tion of nuclear weapons. It retards they want to buy a new airplane in this nizations and others because were a rather than advances those interests to budget. terrorist able to steal one nuclear see from this administration talk in My hope is there are enough people weapon and threaten to detonate one some circles that is reckless and rec- in the Congress who understand waste nuclear weapon in a major American ommendations that are counter- is waste, not Republican waste or city, we are not talking about 100 productive to suggest we ought to Democratic waste. Just waste. When it deaths or 1,000 deaths, we are talking begin, again, building nuclear weapons. does not stand the test of common about hundreds of thousands of deaths. In addition to this recommendation sense, and it does not even stand the The loss of one nuclear weapon would to spend $8 million to revive the basic laugh test with this kind of be devastating if it got into the hands project of a nuclear earth-penetrator spending, my hope is Members of the of terrorists. bunker buster, there is talk of testing Senate will join and decide this is the We have thousands and thousands of nuclear weapons, resuming testing of sort of thing that ought to be abol- nuclear weapons in this country. The nuclear weapons which, of course, then ished. estimate is somewhere—of course, it is would be a green light for others to One final point. I don’t come here to classified—the estimate range of the say, if the United States is going to try to abolish Radio Marti, although I Russian stockpile is somewhere per- test, we are going to test. don’t think it is necessary. Radio haps in the area of 15,000 nuclear weap- My hope is we can understand the Marti is broadcasting radio signals into ons; ours is something less than that profound danger that exists if we do Florida. They are often not jammed. but not much less than that. We have not take this proliferation issue seri- The Cuban people receive them. I have thousands and thousands and thou- ously and if we do not immediately as- been to Cuba and talked to the dis- sands of nuclear weapons between us sume the mantle of responsibility to be sidents. They receive Radio Marti’s and the Russians, with some other the world leader to stop the spread of broadcast. I don’t propose we abolish countries who have now joined that nuclear weapons. This is not about a it. But they do not see the Television club who have nuclear weapons but are nuisance. This is not about a threat. Marti broadcast. We still have expen- fewer in number. This is about a potential catastrophe sive studio space, pay expensive sala- The suggestion somehow that we do unlike anything we have discussed or ries, have aerosat balloons and now air- not have enough nuclear weapons, that thought about with respect to weapons planes to broadcast it, despite the fact we need more nuclear weapons, and of mass destruction in the hands of the we know it is a complete, total waste that nuclear weapons are usable, espe- wrong people. That is why the respon- of money. We know better than this. cially if we have an issue with people sibility is such an ominous responsi- We ought to understand it and abolish holing up in a cave or strategic mate- bility that falls on our shoulders. It is it in this year’s budget submitted by rials holed up in a cave, that we cannot one that we can meet, in my judgment, the President. get to that, so we can lob in an earth but we have to be clear thinking. Let me mention one other area of penetrator, a designer bunker buster We need a President and a Congress, spending that desperately needs to be nuclear weapon, and that we can use together, that will reject the approach abolished in this budget. It is not it—that message from this country is a that says we should begin building ad- giant; it is $8 million. But take $11 mil- devastating message that sets back the ditional nuclear weapons or begin re- lion for Fat Albert and the new air- opportunity for this country to play a searching and talking about the need plane and Television Marti and $8 mil- leadership role in stopping the spread for additional weapons we can use for lion here and there, and pretty soon we of nuclear weapons everywhere, mak- designer purposes. have a significant amount of money. ing sure we do not ever have testing of I yield the floor and suggest the ab- Last year and this year, the Presi- nuclear weapons anywhere. It is our sence of a quorum. dent recommended we build additional job, our responsibility, to be a world The ACTING PRESIDENT pro tem- nuclear weapons—begin planning the leader on this issue. pore. The clerk will call the roll. design—and they especially talked Given the new reality of the war on The assistant legislative clerk pro- about the earth-penetrating bunker terrorism and what terrorists would ceeded to call the roll. buster nuclear weapon. Last year, the like to do with respect to weapons of Mr. MCCONNELL. Madam President, Congress said no. The President put it mass destruction, if our country does I ask unanimous consent that the order in his budget again this year. He wants not try to do everything humanly pos- for the quorum call be rescinded. $8 million to revive the project to cre- sible to stop the spread of nuclear The ACTING PRESIDENT pro tem- ate new earth-penetrating bunker bust- weapons and make people understand pore. Without objection, it is so or- er nuclear weapons. The implication of it is unthinkable that nuclear weapons dered. creating a designer nuclear weapon is, will once again be used on this Earth, f we do not have enough nuclear weap- then we will have failed. Our children ons at the moment and they are per- and grandchildren will almost cer- SOCIAL SECURITY fectly usable if we find someone tainly see at some point an expansion Mr. MCCONNELL. Madam President, crawled in a cave or carrying on oper- of those countries that have nuclear I rise today because this Senate needs ations in a cave that we want to get to weapons, the stealing of a nuclear to act now to save our children’s fu- that we cannot get to. weapon by a terrorist organization and ture. We all know that Social Security If a country like ours is to send a sig- the detonation of a nuclear weapon in is one of this country’s greatest suc- nal to the rest of the world that we do a major city in this world and perhaps cess stories in the 20th century. But not have enough nuclear weapons, that in this country. We must exert every why? Is it the hundreds of thousands of we believe we should design more nu- possible effort to see that does not hap- elderly who were saved from poverty or clear weapons, that designer nuclear pen. is it the millions of seniors who have weapons make sense, and that nuclear Sending a budget that says we need retired with the stability of their weapons are usable, that is exactly the to begin work on designing additional monthly Social Security checks? wrong signal to send to anyone in this nuclear weapons, new nuclear weapons, Actually, there are two reasons. For world. The exclusive opportunity and and nuclear weapons that are designed me, the first is an Army sergeant who requirement for us is to send a signal for specific purposes such as pene- served in World War II and went to the

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1584 CONGRESSIONAL RECORD — SENATE February 17, 2005 European Theater. The second is the did not typically live long enough to dren and grandchildren. The money in woman from Alabama he married. Al- collect Social Security benefits. Today, these accounts will grow over time at a though they were never a family of our life expectancy is 77 years. In 1935, greater rate than what the current sys- great means, they worked hard, paid there were 16 Americans in the work- tem now offers. The nest egg they build into the system all their lives, and got force for every retiree collecting bene- will be theirs and Government can the money they were owed from Social fits. Today, there are only slightly never take it away. Most importantly, Security when they retired. more than three. Americans will be able to pass on the Of course, those two people I am re- And before the next President is money in these accounts to their chil- ferring to were my parents. It is be- sworn in, the baby boomers will begin dren or grandchildren. It is a smarter, cause of what Social Security did for to retire, creating four new retirees for fairer system. them and their friends that we all each new worker over the next 30 I hear some of my colleagues say: know it is a success story. I am sure years. Yet benefits are scheduled to People will waste the money in these millions of Americans feel the same rise dramatically over the next few accounts, playing the lottery or bet- way. decades. ting on horses at the track. Take it Today, I would like to make abso- What that means is the current sys- from this Senator from a horse racing lutely sure Social Security is the same tem will begin to pay out more money State, such claims are nonsense and success for my children as it was for than it takes in within just a very few only meant as scare tactics. This Con- my parents. years—by the time today’s gress and President Bush will only pass Let’s get one thing out of the way kindergarteners graduate from high legislation that will save and strength- right up front: This debate is about school. At that point, the Government en Social Security once and for all. saving the future, not defacing the will have to borrow money or raise That means we will set careful guide- past. Every senior who now receives taxes to keep up with the benefits. lines for these personal accounts. The Social Security benefits or who is When today’s workers retire in 2042, money will only be invested in conserv- going to receive them within the next the system will be insolvent. ative bonds and stock funds. We will 10 years will get full benefits for their If we do nothing until then—just keep fees and transaction costs low. We entire—their entire—retirement. They keep putting it off—the only solution will install appropriate safeguards, and deserve that piece of mind, and they will be to borrow massive amounts of we will phase in personal accounts have it. This Congress will not touch money, impose crippling taxes, or dras- gradually over a period of time. Voluntary personal retirement ac- Social Security in any way for Ameri- tically cut benefits, or all three. counts are very similar to the Thrift cans 55 or older, period. This debate is So at a minimum, we need to repair Savings Plan that every Federal work- not about seniors today. It is about our the system to keep it afloat. But we er, like all of us, has access to. If we children tomorrow. can do, if we chose to, a lot more than can offer this deal to Federal employ- I said Social Security was one of the that. There is a lot of room for im- ees, including Senators, why can’t we greatest accomplishments of the 20th provement in Social Security. We owe our children the most financially sound offer it to all Americans? century. But this is the 21st century. The accounts are also similar to an system possible. They will have paid We need to strengthen and save Social IRA or a 401(k) plan. So most Ameri- into it their entire working lives. They Security for today’s workers. If we do cans will already know how a personal deserve to be protected. I know a lot of not act now, this system, born out of account will work. They are easy to younger people consider the portion of the New Deal, will become a bad deal understand. They will be completely for our children and grandchildren. their paycheck that goes to Social Se- voluntary, so if anybody is uncomfort- When Social Security was created in curity to be like any other tax—money able with it, they don’t have to do it. 1935, it was still common to see a Ford they will never see again. More young No one who does not want a personal Model T on the road. Today’s young people believe they will see a UFO than account will be forced to have one. adults drive hybrid electric cars while that they will see their own Social Se- On top of the voluntary personal re- listening to their I-Pods. A system de- curity benefits. That is how confident tirement accounts, we need to do more signed for the 1930s just does not fit the they are that it will be there for them to save and strengthen Social Security. 21st century. in the future. That tells me we are let- The President said he is open to all Something must be done and done ting down our children and grand- reasonable ideas. So are all of us. But now. Some critics say there is no cri- children. They can see that Wash- it is crucial that we tackle the problem sis; that we do not have to do anything ington has done a terrible job man- now and not continue to kick the can about this problem, even though we aging their investment. Social Secu- down the road. Democrats and Repub- can all see it coming; that we can put rity pays out about 1 cent per dollar licans are going to have to work to- it off until later. Their response to this paid in, but IRAs and money markets gether to do this. healthy debate on the future of Social pay on average seven times more. I have spoken before of my hopes Security has been to poke their fingers I have a message for every younger that this 109th Congress will be able to in their ears and bury their heads in worker who is about to enter or who work together in a spirit of bipartisan- the sand. has just entered the prime of working ship, and we certainly got off to a good Well, that is simply not acceptable. life: The money that goes into Social start last week with the class action We were elected to get things accom- Security is not the Government’s bill. I believe we should start now by plished for America, not to mark time money. It is your money. You paid for rolling up our sleeves and working to- around here. Someday I will pass this it. You paid for it with sweat and toil gether. desk, right here—the very same desk to provide for yourself and your family. A few days ago the new chairman of used by Henry Clay—along to another If the Government didn’t take that the Democratic National Committee Senator from Kentucky. I do not in- money, you would have spent it on said: tend to pass this problem along as well. yourself or your spouse or a parent or I hate the Republicans and everything they That is why I applaud the President’s a child or put it in the bank. The point stand for. vision and courage in tackling this im- is, it would have been your decision. Well, it is pretty tough to sit across portant but certainly tough issue. He There is a way we can strengthen and the table from somebody with that deserves our gratitude for sparking save Social Security, still guarantee kind of an attitude. But I think most this national discussion on saving So- that it will fulfill its promises in the Democrats recognize that attitude is cial Security. You might not agree future, and also give younger workers not productive and I don’t think it is with the various options laid out by the power to decide how best to grow the view of Democrats in the Senate. I the President—that is fine—but you their money and build a nest egg for re- have already heard several of my have to agree that action ought to be tirement. We do that with voluntary Democratic friends say Social Security taken. personal retirement accounts. Vol- does, indeed, have a problem, and we do In 1935, most women did not work untary personal retirement accounts need to do something about it. That is outside the home. Today, about 60 per- are the best way to ensure that Social good. Denying there is a problem is de- cent do. In 1935, the average American Security remains strong for our chil- nying the obvious. We need their voices

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 17, 2005 CONGRESSIONAL RECORD — SENATE S1585 in this great national discussion. They tant people in my own life—my father A majority of younger voters under- recognize that when it comes to Social Harold and my daughter Brittany. stand there is a major problem with Security, what Republicans stand for is My father Harold Thune turned 85 the current system for their genera- the same thing Democrats stand for— this last December. He is a retired tion. A Newsweek poll earlier this preserving the system for today’s sen- teacher, still living in the town I grew month found that 62 percent of those iors and restoring its promise for our up in, Murdo, SD, with my wonderful age 18 to 34 believe Social Security will children and for our grandchildren. mother who was the school librarian. not be there for them when they retire. Social Security was there for my par- My father also served his country as a Predictably, young Americans are frus- ents. It will be there for me. But I have decorated World War II fighter pilot. trated with the prospect of spending a three daughters. They are all grown up He is the essence of hard work and sac- lifetime paying into a system that is and have blossomed into accomplished rifice. He has put in his time. I would destined for bankruptcy. young women. I don’t want them to never do anything to the Social Secu- Some in Washington believe the best question whether there will be any- rity benefit that he has earned. Be- approach is to push that problem down thing left when they retire. We should cause my parents never struck it rich the road; leave it for another Congress not let a system that provided so spec- working for the Murdo public school and for another President. I call that tacularly for my parents and for me to system, they depend upon their Social the ‘‘sweep it under the carpet’’ cau- die due to our reluctance to tackle big, Security check. Many other retired cus. The American people sent us here tough issues. We need to restore the Americans are in similar situations. to solve problems, and they expect us system so it is fair for everyone. Work- For one-third of Americans over the to do just that. To the sweep it under ing in a bipartisan manner, we have age of 65, Social Security benefits con- the carpet caucus, I say: Don’t hide be- the opportunity to do that. stitute 90 percent of their total income. hind the status quo. Don’t resort to the An increasing number of Senators on As President Bush outlined his prin- politics of fear and to scaring seniors. the other side of the aisle are acknowl- ciples regarding Social Security reform Your constituents and my constituents edging that there is a problem, and it last month in the State of the Union, deserve better of their elected rep- seems to me a good place for us all to he made it very clear that Social Secu- resentatives. start is to acknowledge the obvious, rity benefits would remain unchanged If we do nothing, we are looking at a which is that unless we address this for anyone 55 years of age and older. $10 trillion shortfall. The longer we problem, we are going to have a serious This includes everyone in retirement wait, the more expensive the fix will problem later, leading to massive tax and those nearing retirement age. become. If we find a solution today, increases or unacceptably large benefit The system will be there for those most experts agree it will most likely cuts for our children. who have paid into the system with a require $1 trillion. One trillion today or I yield the floor. lifetime of hard work. No politician is $10 trillion tomorrow—those are the The ACTING PRESIDENT pro tem- proposing to cut benefits from my fa- options. pore. The Senator from South Dakota. ther’s generation. Despite what we The predicament could be somewhat Mr. THUNE. Madam President, I rise might hear from those who are defend- more manageable if we didn’t start see- to echo the words that were just spo- ing the status quo, reform proposals ing problems until Brittany and her ken by my colleague, the Senator from work to solve the problem for younger classmates start retiring. No, the Kentucky, distinguished majority workers, not take away the benefits looming crisis is coming much sooner whip, with respect to an issue that is from America’s seniors. than that. The Social Security trustees incredibly important to the Senate and That brings me to another important have told us that beginning in the year to the people of this country. The issue person in my life who has helped me 2018, a little more than a decade from is the future of Social Security. The better understand the need to fix So- now, Social Security will begin paying program as we know it today will not cial Security. That is my oldest daugh- out more in benefits than it is cur- last. It is headed for bankruptcy. That ter Brittany. Brittany is 17 years old, rently taking in. is why President Bush and others have and she is a junior in high school at This means we will need to start dra- done the responsible thing—to begin to Roosevelt High School in Sioux Falls, matically raising taxes, taking on mas- raise the issue of reform. SD. Soon she will be entering the sive loads of new debt, or accept severe The question before us is, How do we workforce. God willing, she will live a benefit cuts in just 13 years to cover fix the system for our children and for full life and reach retirement age in our promise to retirees. our grandchildren? I would like to com- 2055. The Social Security trustees tell We cannot wait on the sidelines and mend the Republicans and the Demo- us that Social Security will no longer let this problem come to us. We need to crats who have acknowledged and be able to pay full benefits by 2042, face it and we need to attack it by put- agreed that a problem exists with the which is 13 years before my daughter ting all ideas on the table. We need to current system and that we can do bet- Brittany could retire. That means even stop the quibbling, the partisan games, ter. though Brittany will have paid into So- and political brinkmanship to find a Going back to 1998, President Bill cial Security throughout her entire solution that saves and strengthens So- Clinton at that time called Social Se- working life, the benefit promised to cial Security for the future. curity ‘‘a looming crisis’’ and then her will be cut by at least 25 percent I ask my colleagues not to engage in went on to detail the deep benefit cuts according to the trustees. futile bickering over individual ideas or massive payroll tax increases that This is the problem. If we do nothing, that may be put forward by some as would be required if nothing was done our children and grandchildren will not part of the larger solution. My guess is, in the very immediate future. see the benefits that are promised to the solution will involve a number of It takes political courage for Mem- them. Brittany’s benefits would be cut ideas packaged together. Let’s not dis- bers of both parties to be open to re- by at least 25 percent and probably miss or attack individual ideas as form. Members of both parties have ex- more. being inadequate before we have had a pressed their concern about the current The reason this will happen is noth- chance to assess their positive effect as system and about the possible improve- ing more than simple demographics. part of a whole solution. ments brought about by adding per- When my father Harold was working in I remind my colleagues that we must sonal retirement accounts. the 1950s, there were 16 workers for put all the good ideas on the table. My Social Security is an extremely com- every Social Security beneficiary. two elderly parents and my two young plicated program. Sometimes it is dif- Today there are only three workers per daughters are constant reminders of ficult to grasp numbers in the trillions beneficiary. When my daughter retires, what is at stake in this debate. We and dates that are decades from now. there will be two workers per bene- must ensure that today’s seniors’ bene- That is why it is helpful to tackle this ficiary. The current pay-as-you-go So- fits are rock solid and find a solution issue in a way we can all understand. cial Security system will not be able to that fixes Social Security for the next For me, the decision to find a fix for handle the demographic shifts as the generation that is just entering the Social Security became clear when I number of workers goes down and the workforce. We need Senators on both thought about two extremely impor- number of retirees goes up. sides of the aisle to think not only

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1586 CONGRESSIONAL RECORD — SENATE February 17, 2005 about what is good politics, but what is ergy Secretary Bodman came to my of- terested in working with my good good for their children and their grand- fice, I asked specifically about the ad- friend, the chairman of the committee, children. ministration’s plan for Bonneville, and Senator DOMENICI—we can resolve this As this debate engages, I urge my not just in the office, but when he matter out so our region will not be colleagues in the Senate to listen to came to the Senate Energy Committee devastated economically. the voices of the people around the for his confirmation hearing. Both Senator DOMENICI, to his credit, has country and to understand that they times I was assured by Secretary-des- raised concerns about this misguided expect us to come here to solve prob- ignate Bodman that he opposed pro- proposal to raise our energy prices in lems. That is why they have elected us, posals to privatize Bonneville. The as- the Northwest. I intend to work closely not to kick it down the road, not to surances were provided just a couple of with him, and I am very hopeful I will sweep it under the carpet for another weeks before the Bush administration’s not have to come back to this floor and Congress and another President to deal budget was released with the plans put a public hold on Mr. Sell’s nomina- with. If we wait, the cost will be much that do, in fact, privatize Bonneville, tion to be Deputy Secretary of Energy. higher and the American people, the for all practical purposes, by going to a But if this is not worked out and it is taxpayers, will experience a much different rate structure that seeks to not worked out quickly, I will have no higher degree of pain. It is the tax- extract money from Bonneville beyond other option because the ratepayers of payers who are ultimately going to its costs. our part of the world, at a time when have to bear the burden for the lack of When I met with Dr. Bodman in my they have experienced enormous eco- responsibility demonstrated by the office, he was accompanied by Clay nomic pain, deserve to know there is leaders of today if we choose to do Sell, the White House energy adviser. I not going to be a huge additional rate learned last night that Mr. Sell was nothing. hike imposed on them and one that well aware of the discussions within I look forward to this debate as it would do so much to cripple their the administration that led to the Bon- gets underway. I urge my colleagues to hopes and aspirations. neville privatization proposal at the acknowledge what is clear, what is ob- Mr. President, I yield the floor. time Dr. Bodman was assuring me that vious: We have a problem. The second The PRESIDING OFFICER. The Sen- he opposed privatization. In that meet- thing that is clear and is obvious is ator from Minnesota. ing, and at his hearing, Dr. Bodman as- that the American people sent us here sured me that as far as he knew, the f to solve problems. Let’s not sweep it administration also opposed privatiza- SOCIAL SECURITY REFORM under the carpet or kick it down the tion. Clearly, that was not the case. road; let’s do the responsible thing and Mr. DAYTON. Mr. President, I rise Mr. Sell has since been nominated to acknowledge this is a problem that today because my friends in the Min- be Deputy Secretary of Energy. needs to be fixed. The solution will re- nesota Republican Party have started a I have come to the floor today be- petition online urging me to support quire bipartisan support in this Cham- cause the White House and the admin- ber and in the House of Representa- President Bush’s proposal to strength- istration need to get the message. They en Social Security. I want to take this tives. We must work together to save cannot impose these devastating elec- and strengthen Social Security not opportunity to assure the people of tricity rate increases on our region, Minnesota that I would like to just for my father’s generation but also first, without changing the law and, strengthen Social Security just as for my daughters’ generation. second, without an understanding that much as anyone else, and if President I yield back the remainder of my I and other Members from our region, Bush or anyone presents a proposal time, and I suggest the absence of a Democrats and Republicans, will do ev- that would actually strengthen Social quorum. erything we possibly can to prevent Security, would protect its ability to The PRESIDING OFFICER (Mr. EN- this misguided proposal to take huge pay its promised benefits to present SIGN). The clerk will call the roll. amounts of dollars from our ratepayers and future retirees and other bene- The assistant legislative clerk pro- and taxpayers. We are going to do ev- ficiaries and also create opportunities ceeded to call the roll. erything we can to keep that proposal to provide additional benefits, I will Mr. MCCONNELL. Mr. President, I from passing in the Senate. ask unanimous consent that the order Now, I am not, this morning, going to certainly support it. for the quorum call be rescinded. announce a hold on the appointment of I have not yet seen a proposal, in- The PRESIDING OFFICER. Without Mr. Sell as Deputy Secretary of En- cluding that from the President, that objection, it is so ordered. ergy. In accord with the policy that I would improve upon the present sys- (The remarks of Mr. MCCONNELL and and Senator GRASSLEY have led the tem while continuing its current bene- Mr. BOND pertaining to the introduc- Senate on over the years, I do an- fits. tion of S. 414 are located in today’s nounce my holds publicly; and unless For all the President’s fine talk RECORD under ‘‘Statements on Intro- something changes, unless the adminis- about helping Social Security’s finan- duced Bills and Joint Resolutions.’’) tration drops this misguided concept— cial future, his current fiscal policies, The PRESIDING OFFICER. The Sen- a concept that would be so punitive on the ones that are in effect right now, ator from Oregon is recognized. our region at a time when we have very are seriously hurting Social Security’s f high unemployment and a world of eco- future finances and also weakening the financial strength of the entire Federal ENERGY PRICES nomic hurt throughout our region—un- less the administration drops their pro- Government. Mr. WYDEN. Mr. President, last posal, I will be forced to come back to It is a mystery to me why the Presi- week, the Treasury Secretary, Mr. this floor and have a public hold placed dent is so alarmed by the crisis that he Snow, testified before the Senate Budg- on the Sell nomination. says will occur when Social Security et Committee that high energy prices I remain very troubled by Mr. Sell’s starts running deficits at variously act like a tax on consumers. Given role in the discussions that took place said times, such as 2018, 2028, or 2042, that, what the Bush administration has in my office and Dr. Bodman’s testi- when the rest of the Federal Govern- called for is a huge tax on consumers mony before the Energy Committee ment’s budget, everything else besides throughout the Pacific Northwest. I when I was assured in both instances Social Security, is running enormous am talking specifically about their that there was opposition to privatiza- deficits for this year, last year, and for proposal to require that people in our tion. I and other Members of the north- every year projected in the future region pay $2.5 billion more for energy west congressional delegation are sim- under his proposed budget. in the days ahead because this adminis- ply not going to let a sign be put up on Last year’s on-budget deficit was $567 tration wants to extract money from the Pacific Northwest saying: Closed billion. A deficit of $588 billion is ex- the Bonneville Power Administration’s for business and energy tax hikes head- pected for the current fiscal year, 2005, ratepayers above and beyond their ed through the roof. This is too impor- and almost $2.5 trillion more in deficits costs. tant to our area. are projected over the following 5 years I am very troubled about this pro- I am very hopeful that, working with under the President’s proposed budget. posal, particularly because when En- colleagues—and I am particularly in- That is the real financial crisis the

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 17, 2005 CONGRESSIONAL RECORD — SENATE S1587 Federal Government is in right now, eral Government’s current operations. Security; to stop borrowing for current running huge operating deficits, by far So that instead of cash or other invest- spending and adding that to the in- the worst in our Nation’s history, re- ments, the Social Security trust fund creasing national debt and then to quiring massive Federal borrowing to is left with IOUs from the main Federal start to pay down that debt. finance them, adding over $1 trillion to fund that borrowed them. If the President and the Congress are the national debt over the last 3 years, President Bush is correct when he really serious about strengthening So- and another $2 trillion over the next 5 says that when those IOUs must be re- cial Security’s future, that is what we years, with no end in sight. paid with interest to enable Social Se- must do now, and that is the best that No wonder the nonpartisan Concord curity to meet its future obligations we can do now. Straightening out the Coalition, a Government watchdog or- some date in the future, those addi- current budget mess and putting the ganization founded by former New tional payments will require additional Federal Government back on a respon- Hampshire Republican Senator Warren Federal revenues from either higher sible and sustainable course of bal- Rudman and businessman Warren taxes, less spending, or more Federal anced operating budgets and accumu- Buffett, has called the President’s fis- borrowing. If the President is right, if lating Social Security surpluses is a cal policies the most reckless in our Social Security or even the entire Fed- real action plan. Everything else is just Nation’s history. eral Government then faces a drastic posturing and pretending. Because In fiscal year 2000, which is the last financial meltdown, a bankruptcy, be- sound Federal fiscal policy now con- full fiscal year under President Clin- cause workers and businesses at that tributes to future economic growth, it ton’s terms in office, the Federal Gov- time cannot afford those additional tax increases the likelihood that Social Se- ernment ran surpluses in both its So- burdens, so the Federal Government curity, as it is currently structured, cial Security and on-budget funds. The cannot meet its obligations, whether to will be able to pay its promised bene- Office of Management and Budget just Social Security or to other Govern- fits with future revenues and income a month after President Bush took of- ment programs and services, it will be for many decades to come. fice in 2001 projected surpluses in both a disaster that his fiscal policies have Because Social Security’s financial of those major Government funds for created, and that Congress through future is not cast in stone, there is each of the next 10 years. President support or complicity created and nothing preordained that will happen Bush and the majority in Congress made even worse, more severe, by the at some future date. Social Security’s turned those surpluses into oceans of current deficit spending which the finances will depend upon the future red ink by cutting taxes and increasing President proposes to continue doing growth in the U.S. economy. The So- spending in each of the last 4 years. We right now, while at the same time he is cial Security trustees make this very also had 9/11. We have undertaken two talking about Social Security’s long- clear in their annual report by making wars. We went through a recession. term future. three long-range projections based on There are certainly other factors. As long as the current fiscal follies different assumptions about the coun- In the midst of those, cutting taxes continue, whatever anyone says about try’s future economic growth. Their in- excessively was a primary contributor doing whatever to Social Security termediate forecast is the one many to these record deficits, and continuing years from now, as Shakespeare’s people cite, incorrectly, as what will those policies will only extend those McBeth said, is ‘‘full of sound and fury, happen to Social Security. That projec- deficits into the future. Yet that is signifying nothing.’’ tion assumes that growth in the U.S. what is being proposed again for this All of these Senate speeches, all of economy over the next 75 years will be year’s budget, next year, and the next. those Presidential forums, all the mil- less than two-thirds of the past 40 In fact, the proponents want to make lions of dollars of industry advertising, years. future deficits even worse by making all sound and fury, signifies nothing, In the last 40 years in this country, those previous tax cuts permanent, except signifying the financial greed real GDP grew at 3.3 percent a year. which would pile up trillions more in that has driven the current fiscal pol- The trustees’ intermediate forecast public debt which must be paid off, icy and the political cowardice that is projects real GDP growth of 2.9 percent with interest, by today’s children, allowing it to continue. from 2004 to 2013 but then only 1.8 per- teenagers, and young workers, the very What is needed right now, as my sons cent from 2015 to 2080. people President Bush tells us will not would say, is to get real, to stop all the Another one of the trustees’ forecasts have Social Security when they retire. speeches, forums, and advertising assumes real GDP growth of 3.4 percent Unfortunately, with his current poli- about what might or might not happen per year over the next decade and then cies they will not have a country when many years into the future and act on 2.6 percent per year from 2015 to 2080. they retire. The so-called ownership so- what is happening right now. It is very That still is less on average than the ciety will be the owe-the-ship society. damaging to our country right now, 3.3 percent over the last 40 years. Yet The second financial disaster that is and it is even more damaging to our with that rate of growth the Social Se- happening in this country right now is country’s future unless we act right curity trust fund’s annual income is that Social Security’s current sur- now, this year, to stop it. more than enough to pay for all prom- pluses are being spent to pay for other Acting right and acting now will ised benefits beyond the year 2080, the Federal programs. Remember the So- take a lot of political courage. The last year in the current report. cial Security lockbox that President President’s budget shows a little but Social Security, under that growth Clinton established so Congress would not nearly enough. It reduces spending scenario, runs an annual surplus every not spend the annual Social Security by some $20 billion next year. That year into the indefinite future. In fact, surpluses but, instead, would invest it leaves another $560 billion to go in in the last year in the projection, 2080, in ways that would truly strengthen order to balance the Federal operating it would have income of $4.2 trillion, the program for its future? Well, in budget and leave the Social Security make promised payments of $3.5 tril- 2000, Presidential candidate George W. surplus in its lockbox—in other words, lion, leaving a surplus in that one year Bush promised to protect that lockbox. just to restore us to the level of fiscal of $700 billion, which would add to its Guess what. It is unlocked and it is responsibility that President Clinton assets that would end that year at al- empty. left. That is a lot of political courage. most $18 trillion. That is not bank- Last year’s $155 billion surplus is It would require a major truth telling ruptcy, that is prosperity. gone. The previous year’s $160 billion to the American people about how we What we need to do right now to as- surplus is gone. This year’s $162 billion got into this fiscal mess and how we sure not just Social Security’s future surplus is going, and the next 5 years’ are going to get out of it, starting solvency but its future prosperity is to surpluses in the Social Security trust right now, with no gimmicks, no keep the U.S. economy healthy and fund, which would total over $1 tril- games, just straight, honest account- growing. The best help we can give to lion, will also be gone under the Presi- ing to balance the Federal budget with- the future of Social Security is a sound dent’s proposed budget. They are gone out spending the Social Security fiscal policy right now of balanced op- to cover and to help continue part of money; to protect Social Security’s erating budgets and minimal Federal those much larger deficits in the Fed- surpluses and use them only for Social spending. On the other hand, the worst

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1588 CONGRESSIONAL RECORD — SENATE February 17, 2005 that we could do to jeopardize Social on pharmaceuticals. VA’s costs are far erans get the care they so greatly de- Security’s future solvency and to ne- below retail prices—in some cases 55 serve. cessitate the kind of drastic across-the- percent of average prices. It is unfortu- I ask unanimous consent that the board cuts in future retirement bene- nate that the administration does not RAND study be printed in the RECORD. fits that are in the President’s proposal believe that Medicare’s costs would be There being no objection, the mate- is to continue the current fiscal policy lowered if the Government could nego- rial was ordered to be printed in the of deficits and more deficits, to con- tiate with drugmakers. VA has proven RECORD, as follows: tinue the proposal of making the tax that it works. My point is that there IMPROVING QUALITY OF CARE—HOW THE VA cuts for the rich permanent, abolishing really are not any more efficiencies to OUTPACES OTHER SYSTEMS IN DELIVERING the estate tax, cutting capital gains, be gleaned from VA drug purchasing. PATIENT CARE eliminating or reducing the tax on I will be working to increase the VA In its 2001 report Crossing the Quality dividends, as if the rich are not rich health care budget—to move from the Chasm, the Institute of Medicine called for systematic reform to address shortfalls in enough already in this country and the realm of miserly to what is truly need- U.S. health care quality. Recommended re- superrich are not superrich enough. ed to care for all veterans. In the forms included developing medical And, if the truth be known, most of meantime, we should focus now on the informatics infrastructure, a performance them already pay far less than their tremendous advances VA has made and tracking system, and methods to ensure pro- fair share in taxes and many pay no do our best to maintain VA care at the vider and manager accountability. The De- U.S. taxes at all. highest levels. partment of Veterans Affairs (VA), the coun- To continue the tax giveaway One of these studies, done by RAND try’s largest health care provider, has been frenzies and the fiscal follies of the last Corporation, found that VA outpaces recognized as a leader in improving the qual- 4 years is to doom Social Security’s fu- ity of health care. Beginning in the early private health care systems in deliv- 1990s, the VA established system-wide qual- ture and this country’s economic fu- ering care to patients. Among its find- ity improvement initiatives, many of which ture. To borrow more and more money ings, RAND found that VA patients model the changes the Institute of Medicine from the rest of the world and spend were more likely to receive rec- would later recommend. the Social Security surpluses so the ommended health services than those How does the VA measure up against other rich don’t have to pay their share of in a national sample of patients using U.S. health care providers? To address this question, RAND researchers compared the taxes is, as the Concord Coalition said, a private provider. It also concluded ‘‘reckless fiscal policy.’’ It is also de- medical records of VA patients with a na- that VA patients received consistently tional sample and evaluated how effectively structive social policy, and it is the better care across the board, including health care is delivered to each group. Their wrong public policy—wrong for the fu- screening, diagnosis, treatment, and findings: ture of Social Security and wrong for follow-up. VA patients received about two-thirds of the future of America. Additionally, an article-—which I the care recommended by national stand- I yield the floor. highly command to my colleagues—in ards, compared with about half in the na- The PRESIDING OFFICER. The Sen- Washington Monthly titled ‘‘The Best tional sample. ator from Hawaii. Among chronic care patients, VA patients Care Anywhere’’ explained at length received about 70 percent of recommended Mr. AKAKA. Mr. President, I ask how, in just 10 years, VA hospitals unanimous consent to speak for 10 min- care, compared with about 60 percent in the went from less than excellent care to national sample. utes on the Veterans’ Administration. the pinnacle of quality health care. For preventive care, the difference was The PRESIDING OFFICER. Without greater: VA patients received about 65 per- objection, it is so ordered. Fostering the change is the focus on new technology to reduce medical er- cent of recommended care, while patients in f the national sample received 20 percent less. rors. Such computer systems allow cli- VA patients received consistently better VA HEALTH CARE nicians to electronically pull up all care across the board, including screening, Mr. AKAKA. Mr. President, over the medical records for any patient. Doc- diagnosis, treatment, and follow-up. past 10 years, VA has made tremendous tors are able to enter their orders into Quality of care for acute conditions—a per- a computer system that immediately formance area the VA did not measure—was strides in its delivery of health care. In similar for the two populations. fact, VA’s quality of care currently checks that order against the patient’s The greatest differences between the VA surpasses that of the private sector, ac- records. If the software then detects a and the national sample were for indicators cording to several notable studies. dangerous combination of medicines or where the VA was actively measuring per- Though VA has been able to provide a patient’s allergy to the newly pre- formance and for indicators related to those high-quality care despite less than gen- scribed drug, a red flag goes up on on which performance was measured. erous budgets, we cannot count on that screen. The technology also reminds VA DELIVERS HIGHER QUALITY OF CARE holding true. Indeed, if the administra- doctors to prescribe appropriate care Using indicators from RAND’s Quality As- tion’s proposed cuts for VA care come for veterans after they have been dis- sessment Tools system, RAND researchers to fruition, VA will no doubt begin to charged from the hospital, and it keeps analyzed the medical records of 596 VA pa- tients and 992 non-VA patients from across lose its footing. The President’s budget track of which patients are due for fol- the country. The patients were randomly se- offers a very modest increase for VA low-up services. lected males aged 35 and older. Based on 294 care—one that does not even cover VA has made several other important health indicators in 15 categories of care, medical inflation. strides in recent years, steps that have they found that overall. VA patients were Veterans groups are united in saying been crucial to VA’s assent to the top more likely than patients in the national that the proposed budget is not suffi- of the medical care field. Until the sample to receive recommended care. In par- cient. The Disabled American Veterans mid-1990s, VA was considered by most ticular, the VA patients received signifi- has called the Administration’s budget, to be in crisis. Starting in 1996, how- cantly better care for depression, diabetes, ever, Congress forced VA to focus on hyperlipidemia, and hypertension. The VA ‘‘one of the most tight-fisted, miserly also performed consistently better across the budgets in recent memory.’’ The Para- primary care and outpatient services. spectrum of care, including screening, diag- lyzed Veterans of America says that This change, known as eligibility re- nosis, treatment, and follow-up. The only ex- this budget shortchanges America’s form, led to improvement in care at ception to the pattern of better care in VA ‘‘sick and disabled veterans.’’ VA. I am proud that we made those facilities was care for acute conditions, for The President’s budget calls on VA changes. Veterans are coming to VA which the two samples were similar. to save some $600 million by squeezing like never before. Rather than closing VA CHANGES HELPED IMPROVE PERFORMANCE efficiencies out of the system. I have the doors—as the President is pro- The VA has been making significant been to VA hospitals and clinics, and I posing—let us welcome all veterans strides in implementing technologies and can tell my colleagues that $600 million into the system. systems to improve care. Its sophisticated worth of efficiencies are not possible As ranking member of the Com- electronic medical record system allows in- mittee on Veterans’ Affairs, I will work stant communication among providers without cutting staff and services, the across the country and reminds providers of very services that have made VA care to ensure that VA continues to be a patients’ clinical needs. VA leadership has excellent. leader in health care by fighting for ad- also established a quality measurement pro- As many of my colleagues know, VA ditional funding. We must all work to gram that holds regional managers account- already obtains some of the best prices guarantee that all of our Nation’s vet- able for essential processes in preventive

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 17, 2005 CONGRESSIONAL RECORD — SENATE S1589 care and in the management of common EXTENSION OF MORNING bankrupt and takes away your retire- chronic conditions. BUSINESS ment benefits. You do not care in this PERFORMANCE MEASUREMENT PLAYS AN Mr. DURBIN. Mr. President, I ask respect: You know Social Security will IMPORTANT ROLE unanimous consent that morning busi- still pay you. If you get bad news about ness be extended until 3 p.m. with Sen- that pension plan you invested in for a How does performance measurement affect long time taking a bad turn and not actual performance in health care delivery? ators permitted to speak for up to 10 To answer this question, the researchers con- minutes each. having enough money to pay you what ducted another analysis focused solely on The PRESIDING OFFICER. Without you expected, at least there is Social the health indicators that matched the per- objection, it is so ordered. Security. formance measures used by the VA. They Mr. DURBIN. Mr. President, I am Over time, things change in America. found that VA patients had a substantially sometimes asked back in Illinois how We live longer. Thanks to good health greater chance of receiving the indicated the Senate can have morning business habits, good medicine, people are living care for these health conditions than did pa- longer lives. A Social Security Pro- tients in the national sample. They also ob- in the afternoon. I still can’t answer that question, but we will continue to gram anticipated to pay out for a few served that performance measurement has a years pays for many years, so we have ‘‘spillover effect’’ that influences care: VA have it this afternoon. patients were more likely than patients in adjusted for many years. The amount f the national sample to receive recommended of money paid into it, the benefits paid care for conditions related to those on which SOCIAL SECURITY out, and the eligibility age for retire- performance is measured. For example, VA ment have all changed, but Social Se- outperformed the national sample on admin- Mr. DURBIN. Mr. President, I rise to curity is still there. It keeps on ticking istering influenza vaccinations, a process on speak in morning business and address because we count on it so much. which the system tracks performance. How- the issue which has become central to Along comes President Bush who ever, it also outpaced the national sample on our debate about the domestic agenda says we have a problem with Social Se- other, related immunization and preventive for America. There is a lot of time curity. We have to do something. Some care processes that are not measured. This being spent by the President and Mem- call it a crisis. Some call it a chal- provides strong evidence that, if one tracks bers of Congress talking about the pri- quality, it will improve not only in the area lenge. Some call it a problem. But the tracked but overall as well. vatization of Social Security. Social argument is, we have to do something. Security is a very important program You just cannot leave it alone. THESE RESULTS HAVE IMPORTANT IMPLICATIONS for millions of Americans. It brought What would happen if we left Social The implications of this study go far be- dignity to senior citizens and gave Security alone? What if Congress said: yond differences in quality of care between them a chance in their retirement We are not going to do a thing to So- the VA and other health care systems. The years to live with enough money to get cial Security this year, nothing. We are research shows that it is possible to improve by. not going to change one word in the quality of care and that specific improve- Before Social Security, if a person law, not going to change any of the ment initiatives play an important role. were fortunate enough to save enough benefits, any of the contributions, First, health care leaders must embrace and money during their lifetime, they were what would happen to Social Security? implement information technology systems OK. If they happened to have a gen- that support coordinated health care. Sec- It would make every single promised ond, they should adopt monitoring systems erous family, the family would bring payment to every single retiree in that measure performance and hold man- their mother and father to live with America every single month of every agers accountable for providing rec- them in their later years. That was one single year with a cost-of-living adjust- ommended care. If other health care pro- of the outcomes. But if things went ment until at least 2042, 37 years from viders followed the VA’s lead, it would be a poorly, a lot of senior citizens before now. The program is strong, and we major step toward improving the quality of Social Security ended up in county have to talk about making it stronger. care across the U.S. health care system. poorhouses. They are still sitting The President proposes privatizing THE VA OUTPERFORMS THE NATIONAL SAMPLE ON NEARLY around out there. They are not used for Social Security, changing the concept EVERY MEASURE that purpose anymore, but you can find of Social Security. Instead of paying them across America. That is where payroll tax and receiving your Social National you went when there was no place else Security benefits, the President sug- Health indicator VA score sample Difference score to go, no money to take care of your- gests taking part of that payroll tax self, and no children to take care of and investing it. If you are fortunate, Overall ...... 67 51 16 you. Chronic care ...... 72 59 13 you will do better. Your investment Chronic obstructive pulmonary Along came Franklin Roosevelt back has risk, but the President believes by disease ...... 69 59 10 in the 1930s, who said: I think we have Coronary artery disease ...... 73 70 3 and large most people will do better. Depression ...... 80 62 18 learned a lesson here. We need to cre- There is nothing wrong with savings Diabetes ...... 70 57 13 ate a program that gives everybody a Hyperlipidemia ...... 64 53 11 and investment. Everyone should take Hypertension ...... 78 65 13 chance during their lifetime to pay that seriously for their own lives and Osteoarthritis ...... 65 57 8 into Social Security with the guar- Preventive care ...... 64 44 20 for their families. We do in my house- Acute care ...... 53 55 ¥2 antee that when you retire, there will hold. For my wife and me, that is Screening ...... 68 46 22 always be some money there to help Diagnosis ...... 73 61 12 working, saving for retirement, for Treatment ...... 56 41 15 you. Nobody is going to get rich on So- ourselves, for our family. It is a smart Follow-up ...... 72 58 14 cial Security. I don’t think they ever VA-targeted performance thing to do. But what we do is over and measures ...... 67 43 24 could. But the idea was there would be above what we pay into Social Secu- VA-target-related performance this thing they could count on, kind of measures ...... 70 58 12 rity. Social Security is still there. Measures unrelated to VA tar- a bedrock savings plan for Americans— Members of Congress pay it, inciden- gets ...... 55 50 5 more of an insurance policy than a sav- tally. Despite some of the talk radio ings plan. It worked. comments otherwise, Members of Con- Mr. AKAKA. Mr. President, I yield For the 60 years or more we have had gress pay Social Security, as my wife the floor and I suggest the absence of a Social Security, it has made every sin- does on her job. And we have some sav- quorum. gle payment with cost-of-living adjust- ings accounts. It is a smart thing to do. The PRESIDING OFFICER. The ments, and seniors in America, many We have done pretty well. We are not clerk will call the roll. The legislative of them, lead comfortable lives because getting rich, but we will be com- clerk proceeded to call the roll. Social Security helps. You cannot live fortable. on it alone—I guess you could, but you Now comes the President and says Mr. DURBIN. Mr. President, I ask would barely scrape by—but with So- take the money out of Social Security, unanimous consent that the order for cial Security you have something to put it in the stock market. The obvious the quorum call be dispensed with. count on. question is, if you take the money out The PRESIDING OFFICER. Without You do not care if the corporation of Social Security and out of the trust objection, it is so ordered. you worked for for 30 or 40 years goes fund, how will it make its payments?

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1590 CONGRESSIONAL RECORD — SENATE February 17, 2005 The President cannot answer that America entices China, Japan, and They take a look at what the President question. Korea to be our mortgage holders, to proposes, which will result in reduc- There was a suggestion coming from be our creditors by paying interest on tions in Social Security benefits. For the White House that we would change our debt. What happens should the day the average wage earner, born in 1970, the index for Social Security, we would come in the future when the Chinese or who retires in 2035, there will be a 3- reduce the amount of payments to sen- the Japanese say: We do not really percent risk adjusted rate of return on iors in years to come. That can get se- trust the American dollar; you people their personal account under the Presi- rious. Right now, 1 out of 10 seniors is have too much debt. Why aren’t you dent. Under the current law benefits, in poverty. Without Social Security, doing something about your current that person would receive annually half of seniors in America would be debt? In fact, we have lost so much $17,700. Then along comes the Presi- classified as living in poverty. If we confidence in the dollar, we think from dent’s proposal to change the index for start reducing Social Security pay- now on, we are going to base our future Social Security, and that payment goes ments, we move more and more of our on the Euro rather than the dollar. down to $12,841. Then comes the privat- seniors toward poverty. That is not an Hold on tight, because it means that ization tax on top of that, and that outcome that anyone would cheer. Yet America’s dollar is going to be threat- same retiree would receive less than the President’s plan moves America in ened in terms of its stability. half of what he would receive under So- that direction. It takes money out of Here comes the President with Social cial Security today. Social Security with no explanation on Security privatization adding $2 tril- President Bush argues that this plan how to pay it back, it cuts benefits for lion to $4 trillion to our debt, depend- makes Social Security stronger. Tell retirees in the years to come, and it ing more on China, Japan, and Korea that to the retiree whose benefit has creates a greater deficit for America, a to sustain us, making us more vulner- been cut in half by President Bush’s deficit increase of $1 trillion to $4 tril- able. proposal. You may say: Well, you lion depending on how many years it is There is another issue that troubles Democrats, you are going to exag- calculated. me. Why is it the countries you men- We have to step back and say, if So- gerate this. You just want to get on the tion—China, Japan, and Korea—are the floor of the Senate and criticize the cial Security is strong for 37 years, same countries that are taking away why in the world would you want to en- President. American jobs and businesses? Why is Well, let me tell you where these gage in the President’s privatization it that companies are moving over plan which will reduce benefits for re- numbers come from. there? Sure, lower wage rates—we un- The Boston College Economics De- tirees and add $2 trillion or more to or derstand that. But there is something national debt? It is because the Presi- partment just did their own analysis. else at work. The same countries that dent cannot answer those basic ques- They came to exactly the same conclu- hold America’s debt hold the future of tions that many people are skeptical sion. They are not in this for any polit- our economy. The fact they hold our about his privatization plan. They be- ical gain. They are just trying to ana- debt gives them the ability to invest in lieve, I believe, President Bush’s plan lyze what the President proposed. companies that compete with Amer- to privatize Social Security will weak- So if that is what we face—cutting ican workers and businesses. The fact en Social Security, it will not benefits under Social Security, adding we are losing manufacturing jobs has a strengthen it. $2 trillion to $4 trillion to our national There is no one in the White House lot to do with our debt being held by debt—is it any wonder a lot of us here who suggests that taking money out of the same countries taking those manu- say it is time to move on? It is time to the Social Security trust fund makes it facturing jobs. find a Social Security answer that is stronger. It makes it weaker. Instead Alan Greenspan came to Capitol Hill truly bipartisan and makes common of making every payment for 37 years, yesterday. Some days I think he has sense. The privatization plan of Presi- the President’s plan would, frankly, great insight, and some days I think he dent Bush does not. make Social Security unable to make is just plain wrong. I am sure he feels Mr. President, I yield the floor and its payment sooner. Why would we ever the same way about me and my views. suggest the absence of a quorum. do that? That is moving in the wrong Yesterday, he warned us about our The PRESIDING OFFICER (Mr. direction. debt. He said, though he liked privat- SUNUNU). The clerk will call the roll. My colleague, Senator SCHUMER of ization, personal accounts, be cautious, The assistant legislative clerk pro- New York, has put together a calcu- be careful, he said. Good advice—the ceeded to call the roll. lator to help people estimate what the same advice I wish Mr. Greenspan had Mr. MARTINEZ. Mr. President, I ask impact of privatization of Social Secu- given when the President pushed for unanimous consent that the order for rity will do. Plug in what you think the tax cuts. Unfortunately, the tax the quorum call be rescinded. your income is going to be, roughly, cuts now account for half of our debt. The PRESIDING OFFICER. Without and this tells the kind of cuts you will They go primarily to the wealthiest objection, it is so ordered. take under President Bush’s proposal. people in America. We are, unfortu- f It is harsh. It is unnecessary. It cer- nately, in a spot where we are cutting RECESS tainly does not strengthen Social Secu- back in health care, cutting back in rity. education, unable to do what Ameri- Mr. MARTINEZ. Mr. President, I ask Let me add one footnote. Adding to cans think we should do for America. unanimous consent that the Senate our national debt means giving Amer- Greenspan said yesterday, when it stand in recess until 2 p.m. today. ica’s mortgage holders, America’s comes to debt, America, be cautious. There being no objection, the Senate, creditors, more power over our lives. How can it be cautious to add $2 tril- at 12:32 p.m., recessed until 2 p.m. and Who owns America’s debt today? Many lion to $4 trillion to America’s debt as reassembled when called to order by do who buy bonds and securities in gov- President Bush’s Social Security pri- the Presiding Officer (Mr. ALEXANDER). ernment, but most of it is owned by vatization plan requires? It is not cau- The PRESIDING OFFICER. The foreign countries. Central banks in tious. It is not sensible. It does not Chair, in his capacity as a Senator countries such as China and Japan buy help this younger generation appre- from Tennessee, suggests the absence our debt. So step back and look at ciate the greatness of America. of a quorum. them as you would look at the com- I think the President’s privatization The clerk will call the roll. pany, the bank, that issues your mort- plan has run into trouble because it The bill clerk proceeded to call the gage. You owe them that payment cannot answer the hard questions. The roll. every month. You better make that President did not include one penny in Mr. BURNS. Mr. President, I ask payment. And if your mortgage comes his budget for privatizing Social Secu- unanimous consent that the order for to a close and they do not want to rity. Do you know why? He cannot fig- the quorum call be rescinded. renew your mortgage, go out and look ure out how to pay for it, and he can- The PRESIDING OFFICER. Without for a new one, and you may have to pay not figure out how to explain it. objection, it is so ordered. higher interest rates. That is roughly That is why not just seniors but fam- Mr. BURNS. Mr. President, what is what is going on in the world today. ilies across America are skeptical. the order of business now?

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 17, 2005 CONGRESSIONAL RECORD — SENATE S1591 The PRESIDING OFFICER. The Sen- Again, I thank the Secretary for tion, his father serving as a Member of Con- ate is conducting morning business. doing what he did. That took care of a gress from 1951 until his death in 1964, his Mr. BURNS. I ask unanimous consent lot of the concerns about the rule. The stepmother Irene Baker succeeding Howard that I may proceed as in morning busi- Baker, Sr. in the House of Representatives, decision is critical for our cattlemen, and his grandmother Lillie Ladd Mauser hav- ness for 10 minutes. and the Secretary showed tremendous ing served as Sheriff of Roane County, Ten- The PRESIDING OFFICER. The Sen- leadership in taking that action so nessee; ator has that right. quickly. Whereas Howard Baker, Jr. served with f It is also important to the entire cat- distinction as an officer in the United States tle industry and it is important to con- Navy in the closing months of World War II; DEPARTMENT OF AGRICULTURE Whereas Howard Baker, Jr. earned a law DECISION sumers to have confidence in one of the safest products they find in their gro- degree from the University of Tennessee Law Mr. BURNS. Mr. President, I rise School in Knoxville where, during his final cery store. We know the border will be year (1948–1949), he served as student body today to join some of my friends on open at some point, but what we do and both sides of the aisle to talk about president; the steps we take are very important, and to do something about taking ac- Whereas after graduation from law school both to our friends in Canada and to tion regarding the Department of Agri- Howard Baker, Jr. joined the law firm found- our consumers and producers in the ed by his grandfather in Huntsville, Ten- culture’s decision to open the border to United States. nessee, where he won distinction as a trial Canadian beef on March 7. If this rule should go into effect and and corporate attorney, as a businessman, I have been vocal about this for some and as an active member of his community; time. We have been negotiating with we have another situation, I am afraid of the erosion that could take place in Whereas during his father’s first term in the powers that be in trying to improve Congress, Howard Baker, Jr. met and mar- this controversial regulation. my industry. So I urge my colleagues ried Joy Dirksen, daughter of Everett First, I congratulate and appreciate to support this resolution, not as a McKinley Dirksen, a Senator of Illinois, in Secretary Johanns of the Department means of cutting off trade with Canada December 1951, which marriage produced a of Agriculture for his candid responses indefinitely but as a way of ensuring son, Darek, in 1953, and a daughter, Cynthia, on this issue and for his timely deci- that Congress has the time and takes in 1956; the time, all the time it needs, to con- Whereas Howard Baker, Jr. was elected to sion to limit beef to cattle slaughtered the Senate in 1966, becoming the first popu- at under 30 months. That action took sider the provisions of this rule. It is important for producer and consumer larly elected Republican Senator in the his- care of most of the concerns I had with tory of the State of Tennessee; reopening the border since the out- alike for this industry we call the great Whereas during three terms in the Senate, break of BSE in May of 2003. beef industry. Howard Baker, Jr. played a key role in a We have all been trying to find an- I yield the floor and I suggest the ab- range of legislative initiatives, from fair swers to this situation, but my pro- sence of a quorum. housing to equal voting rights, the Clean Air ducers still have some serious concerns The PRESIDING OFFICER. The and Clean Water Acts, revenue sharing, the about Canada’s compliance with the clerk will call the roll. Senate investigation of the Watergate scan- feed ban and the firewalls that have The assistant legislative clerk pro- dal, the ratification of the Panama Canal ceeded to call the roll. treaties, the enactment of the economic poli- been put in place up there. There has cies of President Ronald Reagan, national been a team representing the U.S. De- Mr. STEVENS. Mr. President, I ask energy policy, televising the Senate, and partment of Agriculture in Canada unanimous consent the order for the more; looking at this situation. The feed ban quorum call be rescinded. Whereas Howard Baker, Jr. served as both compliance appears to be the best way The PRESIDING OFFICER. Without Republican Leader of the Senate (1977–1981) to reduce outbreaks of BSE, so it is a objection, it is so ordered. and Majority Leader of the Senate (1981– critical component of our negotiations The majority leader is recognized. 1985); Whereas Howard Baker, Jr. was a can- and it is a critical component of what f actions we take from here on. didate for the Presidency in 1980; COMMENDING THE HONORABLE Whereas Howard Baker, Jr. served as Compliance with that feed ban must HOWARD HENRY BAKER, JR. White House Chief of Staff during the Presi- be consistent, but they also must be dency of Ronald Reagan; long term. Because BSE, or mad cow, Mr. FRIST. Mr. President, I ask Whereas Howard Baker, Jr. served as a can lay dormant in a cow for such a unanimous consent that the Senate member of the President’s Foreign Intel- long period of time, feed ban violations now proceed to the consideration of S. ligence Advisory Board during the Presi- from years ago can still be a problem Res. 58, which was submitted earlier dencies of Ronald Reagan and George H.W. today. Thus, the 30-month rule. Prod- today. Bush; ucts from animals or live animals older The PRESIDING OFFICER. The Whereas following the death of Joy Dirk- than 30 months was taken from the clerk will report the resolution by sen Baker, Howard Baker, Jr. married Nancy title. Landon Kassebaum, a former Senator of rule. We had to work very hard to do Kansas; that, and I know it took great leader- The assistant legislative clerk read Whereas Howard Baker, Jr. served with ship on the part of the Secretary of Ag- as follows: distinction as Ambassador of the United riculture to change that part of the A resolution (S. Res. 58) commending the States to Japan during the Presidency of rule. Honorable Howard Henry Baker, Jr., for- George W. Bush and during the 150th anni- Now the technical team we had in merly a Senator of Tennessee, for a lifetime versary of the establishment of diplomatic Canada is back in the United States. of distinguished service. relations between the United States and Unfortunately, we will not get their re- There being no objection, the Senate Japan; port for another week. Congress will be proceeded to consider the resolution. Whereas Howard Baker, Jr. was awarded on break. So very few of us will be able Mr. FITZGERALD. Mr. President, I the Medal of Freedom, the Nation’s highest civilian award; and to get hold of that report, analyze it, ask unanimous consent that the reso- Whereas Howard Baker, Jr. set a standard and make a judgment on how we lution be agreed to, the preamble be of civility, courage, constructive com- should handle a rule that goes into ef- agreed to, and the motion to reconsider promise, good will, and wisdom that serves fect on March 7. It leaves us very little be laid upon the table. as an example for all who follow him in pub- time. Thus, the resolution that will The PRESIDING OFFICER. Without lic service: Now, therefore, be it come before this Congress puts a hold objection, it is so ordered. Resolved, That the Senate commends its on the rule and gives Congress some The resolution (S. Res. 58) was agreed former colleague, the Honorable Howard Henry Baker, Jr., for a lifetime of distin- time to operate. We just cannot afford to. guished service to the country and confers to allow this situation to move any The preamble was agreed to. upon him the thanks of a grateful Nation. further with the information that we The resolution, with its preamble, Mr. FRIST. Mr. President, it gives have now. If the USDA will not delay reads as follows: me a great honor to comment on the the implementation of this rule and S. RES. 58 resolution commending Howard Baker allow Congress to consider its findings, Whereas Howard Henry Baker, Jr., son of that we just addressed. I first met How- then I am left with no other choice but Howard Henry Baker and Dora Ladd Baker, ard Baker when I was considering the to support the disapproval resolution. was heir to a distinguished political tradi- run for the U.S. Senate in 1994. It is

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1592 CONGRESSIONAL RECORD — SENATE February 17, 2005 surprising to me now, today, with our Estes Kefauver’s seat. He narrowly lost didn’t require a nation of supermen to close friendship, that I had not met to Democrat Ross Bass but came roar- make this government and this coun- him other than just in passing before. ing back in 1966, to be elected with 56 try work, but only honorable men and At the time, unlike Senator Baker, I percent of the popular vote, making women laboring honestly and dili- had absolutely no political credentials him the first popularly elected Repub- gently and creatively in their public whatsoever. Nobody from my family lican Senator in Tennessee’s history. and private capacities.’’ had run for public office, served in pub- He handily won reelection in 1972. Always sensible, always decent, Sen- lic office. But he was kind enough to That was at the height of Watergate, ator Baker was a giant in this institu- see me, a physician in Nashville, TN, and Senator Baker was known on both tion and deeply admired by his col- and to listen very patiently. I think a sides of the aisle for being scrupulously leagues on both sides of the aisle. It lot about it now, as people make ap- fair and levelheaded. Within months, has been my great good fortune to have pointments and come in to talk to me, the Senator was named cochair of the his example before me as I try to apply even if they had absolutely no experi- Senate Select Committee on Presi- his insights on a daily basis. ence in the political arena. Very quick- dential Campaign Activities. Senator Baker is known and re- ly after that first meeting he realized Initially, Senator Baker believed spected around the world. He has met that the smart politician in my family that President Nixon was innocent of heads of state, and advised American was not me but was my wife, so the any wrongdoing. Over the years, Sen- Presidents, but it is interesting be- very next meeting, it was me and ator Baker had become a friend and ad- cause it is home where his heart still Karyn sitting in his office. viser to President Nixon. But as the in- is. There is no place he would rather be Since then, I have had the real privi- vestigation unfolded and the evidence than in Scott County, TN, surrounded lege and the honor of Senator Baker’s mounted, he became convinced of by his friends, his family, his dogs, and friendship and his wise counsel, both as wrongdoing within the administration, taking in the view of what is called the leader currently, today, and also as a leading to his most famous questioning New River—I would really say it is his U.S. Senator and then as a candidate. during the investigation: ‘‘What did new river—out the back of his cabin. It is with great admiration that I rise the President know, and when did the I remember one of my first visits—it to speak a few moments on his retire- President know it?’’ may have been my first visit—to Scott ment from public service. I use that At Senator Baker’s right hand during County and to Huntsville, and to his very advisedly, because Howard Baker the investigation was our former col- home. Karyn and my three boys were will never, ever retire from public serv- league and friend Fred Thompson and with me. He said, Bill, you and Karyn ice. my late chief of staff Howard look around. He took my three boys He has distinguished himself as one Liebengood. It was a grueling and in- back to his darkroom. We all know of America’s most trusted and valued tense ordeal for Senator Baker and the about his passionate love for Photog- public servants. A former U.S. Senator, country. But at its conclusion, Senator raphy. He patiently walked them minority leader, majority leader, Re- Baker had won the respect of millions through the process. That has been publican Presidential candidate, Sen- of Americans. burned in their minds as they remem- ator Baker has, as we all know, In 1976, Senator Baker was chosen to ber slowly watching pictures come reached the pinnacles of political life, be the keynote speaker at the Repub- alive in the developing solutions. In serving most recently as America’s lican Convention and was the next year fact, I remember one photograph that Ambassador to Japan, a position re- voted by his colleagues to lead them in day was of his soon to be bride Senator served for our most highly respected the Senate. Nancy Kassebaum. I was touched that political figures, our statesmen. He won a third Senate term in 1978, Senator Baker turns 80 this year. He he would take such time to spend with and 2 years later made a bid for the Re- was born in 1925, on November 15, in my boys talking about the art of pho- Huntsville, TN, near the Kentucky bor- publican Presidential nomination. He tography, which is his favorite, and re- der, right where he lives today. His ran on a platform at the time of re- mains his favorite, avocation. grandmother, Lillie ‘‘Mother Ladd’’ straining Government spending, bal- As a husband and father, I am grate- Mauser, was Tennessee’s first female ancing the budget, increasing domestic ful for the warmth and the caring he sheriff. His father and stepmother both energy production, and cutting taxes has so generously shared with Karyn served in the U.S. House of Representa- and excessive regulations—all posi- and me and our three boys, and as an tives. tions that are very familiar 25 years American, I am deeply grateful for the Yet despite this illustrious family later. service he has rendered in so many ca- history, as a young man Howard junior In 1980, Senator Baker became Sen- pacities to our country. was not interested in a career in poli- ate majority leader, a post he held I have that opportunity every morn- tics. After graduating from a military until his retirement in 1985. ing bright and early, indeed, walking preparatory school in Chattanooga, he He was a strong proponent of the cit- back and forth down this hall behind enrolled in the U.S. Navy, where he izen legislator, one who came to Wash- me every day, to enter the Howard H. trained as an officer. He earned his ington, DC as a legislator for a period Baker Suites, which is the Republican bachelor’s degree in electrical engi- of time but returning home to be with leader’s office, and to walk through neering at Sewanee and Tulane. He real people and real communities all those doors, seeing his portrait at the then went on to law school at the Uni- across the United States. Indeed, that end of the first room in those suites. versity of Tennessee law school. During concept and that counsel and those We feel his influence every day, and we his senior year, however, he saw that conversations of a citizen legislator think about it in everything we do. first glimpse, that first tantalizing have had a huge impact on my life as Senator Baker understood that the taste of winning elections as he served well. Senate is like a family, not unlike his as student body president. As majority leader, Senator Baker hometown of Huntsville in Scott Coun- In 1950, Senator Baker ran his fa- had a list of rules. He called them his ty. As he reminded us a few years ago, ther’s first successful bid for the U.S. Baker’s Dozen. The list included: Lis- ‘‘What really makes the Senate work is Congress. Howard senior won a seat in ten more than you speak; have a gen- an understanding of human nature, an the House, and Howard junior won the uine respect for differing points of appreciation of the hearts as well as hand of Joy Dirksen, the daughter of view; tell the truth, whether you have the minds, the frailties as well as the Illinois Senator Everett Dirksen. For to or not; be patient; and be civil. strengths, of one’s colleagues and con- the next 16 years, he and Joy settled He expounded on his governing phi- stituents.’’ into life in Huntsville with their two losophy a few years ago during the Winner of the Medal of Freedom, our children, Darek and Cynthia. Senator Leader’s Lecture series down the hall country’s highest civilian award, he set Baker practiced law and devoted his in the Old Senate Chamber. I would a standard of civility, courage, of good- time to family, to church, and to a va- like to quote a few of his words, as will and wisdom that continues to riety of civic groups. they apply as much today as they did serve as an example for all to follow. In 1964, Senator Baker decided to run when Senator Baker led this great in- On behalf of the entire Senate and a in the special election for Senator stitution. He said that ‘‘the Founders grateful nation, I commend our former

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 17, 2005 CONGRESSIONAL RECORD — SENATE S1593 colleague the Honorable Howard Henry scheduled to take that honeymoon this Therefore, on this special occasion, Baker, Jr., for a lifetime of distin- spring. So I am not allowed to call when the Senate is honoring this great guished service to the country, and I Howard to congratulate him because man for his service to our country, I wish him and Nancy Kassebaum all the we cannot risk being dispatched again wish once again to recognize his serv- best in this new chapter of their life. to some foreign country. ice to our Nation. Howard’s time as Ambassador to The PRESIDING OFFICER. The Sen- God give us men! ator from Alaska. Japan is only one chapter in the long Mr. STEVENS. Mr. President, I feel and distinguished career the leader just A time like this demands strong minds, great hearts, true faith, and ready hands. honored to be here today to support talked about, a career that he spent Men whom the lust of office does not kill; this resolution recognizing the lifetime serving the American people so well. Men whom the spoils of office cannot buy; achievements of my good friend How- Few men are more deserving of the Men who possess opinions and a will; ard Baker. Howard and I have been honor of such a resolution, and Cath- Men who have honor; men who will not lie. friends for a very long time. We arrived erine and I wish our good friend and his Men who can stand before a demagogue in the Senate at about the same time. good lady great luck in their pursuits. And brave his treacherous flatteries without Howard was elected in 1966, and I was Mr. BYRD. Mr. President, I am winking. appointed in 1968. In 1977, Howard be- pleased and proud to cosponsor today’s Tall men, sun—crowned; came minority leader. I was elected Senate resolution that honors my good Who live above the fog, minority whip. We became leaders of friend and former colleague, Senator In public duty and in private thinking. the majority in the Senate in 1981. Howard Baker, for his lifetime of pub- For while the rabble with its thumbworn Being part of the Senate leadership was lic service. creeds, As the Senate Democratic leader It’s large professions and its little deeds, a new chapter in my life, and I was mingles in selfish strife, privileged to start out on that path from 1977 to 1980, I had the pleasure to Lo! Freedom weeps! with Howard Baker. work with Senator Baker, first when Wrong rules the land and waiting justice After the 1980 elections, we traveled he served as the Senate minority lead- sleeps. together to the White House almost er. From the start, I found my leader- God give us men! every couple of weeks to meet with ship relations with Senator Baker to be Men who serve not for selfish booty; President Reagan. I cherish those trips excellent, and that never changed. But real men, courageous, who flinch not at to the White House to this day. They Make no mistake, he was a tough com- duty. remain some of my favorite memories petitor, but he always remained ami- Men of dependable character; of the time I have spent here in the able and friendly to work with, in Men of sterling worth; short, a gentleman in the true sense of Then wrongs will be redressed, and right will Senate. rule the earth. Howard Baker is a great leader. He the word. He was necessarily partisan, God Give us Men! understands how to bring people to- but not overly so. I will never forget I suggest the absence of a quorum. gether to accomplish great things. his extraordinary cooperation in ob- The PRESIDING OFFICER. The Those who were here during Howard’s taining consent for ratification of the clerk will call the roll. tenure, I am sure, remember his com- Panama Canal Treaties. The legislative The assistant legislative clerk pro- mitment to collegiality and fairness. It accomplishments of the 94th and 95th ceeded to call the roll. earned him tremendous respect among Congresses were a testament to our co- Mr. ALEXANDER. Mr. President, I his colleagues in the Senate. He was a operation. ask unanimous consent that the order great choice for majority leader. All of My admiration for Senator Baker in- for the quorum call be rescinded. us were honored to serve with him. creased even more when he became ma- The PRESIDENT pro tempore. With- In early 1984, I went to his office to jority leader in 1981. He remained co- out objection, it is so ordered. discuss the future. Howard convinced operative, friendly, and easy to work The Senator from Tennessee is recog- me I should plan to stay in the Senate. with. When I paid tribute to Senator nized. Later that year, however, Howard an- Baker on the occasion of his birthday Mr. ALEXANDER. Mr. President, I nounced his own retirement. And, as in 1983, I stated that Senator Baker thank the Senator for giving me this we know, he later became President was ‘‘the most congenial and likable of opportunity. I am glad to join with the Reagan’s Chief of Staff. all the majority leaders in my time President pro tempore and the major- Catherine and I were sad when How- here.’’ ‘‘He is accommodating,’’ I point- ity leader in cosponsoring this resolu- ard lost his first wife, Joy. She was a ed out, and I marvel at his equanimity. tion. I would like to add a few words wonderful woman. We were glad when He takes everything in stride. He does about Howard Baker. he and Nancy found each other. Nancy, not appear to be overwhelmed by the When Howard Baker left for Japan, who is also a friend, served as a distin- power of his office. I recall quite clear- there was an enormous ceremony guished Senator here in her own right. ly how all Senators, on both sides of hosted by the President of the United She has been a great friend and partner the aisle, liked Howard Baker and had States in the East Room. It was a sig- for our friend Howard. a genuine fondness for him. nal of the importance of our country’s In 1989, the day before Catherine and One of my saddest days in the Senate relationship with Japan. It was a dem- I were married, Howard called to tell came that same year when I learned of onstration of the long list of distin- me he needed to go to China, but Joy Senator Baker’s decision not to seek guished United States Ambassadors to was ill—she was in the hospital—and reelection. I expressed my deep regrets, the country of Japan. It was a re- Howard could not leave. Deng Xiaoping stating: ‘‘Having worked with Howard minder of the importance of the job had called, as leader of China, and Baker in the leadership in one fashion Ambassador Baker would have at this wanted to understand what or another for a long period of time, I listening post and action post in Asia. ‘‘Reaganism’’ meant. When Howard have a real and a very deep admiration Howard Baker’s coming home de- could not go on the trip which Ronald for him, and I have a warm glow of serves a little bit of fanfare, too. The Reagan asked him to take to answer friendship that has never ceased to relationship between Japan and the that question, Howard dispatched me burn brightly.’’ I finished that tribute United States has never been better. A on that mission. Again, it was a won- by reciting a poem by Ralph Waldo good bit of that credit goes to Presi- derful memory for me, and I appre- Emerson, ‘‘A Nation’s Strength,’’ as dent Bush and Prime Minister Koizumi ciated that honor. testament to my high regard for Sen- for their close relationship, but Howard Catherine and I were married on De- ator Baker. Baker had a lot to do with it, too. His cember 30 and left for China on Decem- Since leaving the Senate, Senator homecoming helps to bring to a close, ber 31. There was no time for a honey- Baker has gone on to serve our country as Senator STEVENS and Senator FRIST moon. But we got on that plane to in a number of other, important capac- have said, another chapter in one of China at Howard’s request, and we ities, including Chief of Staff to Presi- the most distinguished public careers haven’t stopped since. I am reminded of dent Ronald Reagan, a member of the in our country. that every year now, and it has finally President’s Foreign Intelligence Board, Howard Baker was a very successful caught up with me. Catherine and I are and U.S. Ambassador to Japan. Senator. There would not have been a

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1594 CONGRESSIONAL RECORD — SENATE February 17, 2005 Reagan Presidency, as we know it, TRIBUTE TO DAVID NEXON on the cusp of seeing it pass in the Sen- without Howard Baker. I remember Mr. REID. Mr. President, this week ate and look forward to working with Howard Baker told me that when the marks the end of the career of a dedi- the House of Representatives to have it tax cuts passed in the early 1980s, after cated public servant. David Nexon will pass as soon as possible there, so we the Republican majority was elected, be leaving the staff of the HELP Com- can get it to the President of the United States. he, Senator Baker, the majority leader, mittee after 22 years of remarkable took the tax cuts and walked them I think it is a model demonstration service. He is the minority staff direc- of how we are leading today on tomor- over to the House of Representatives tor of the Health Subcommittee, and and handed them to Tip O’Neill. Then, row’s problems, problems we know in- over the years he has ably served the crease over time. of course, Senator Baker put his own Senate and the Nation. Senators get Presidential aspirations aside a few Just 2 years ego, the Human Genome the credit for successful legislation, Project completed the sequencing of years later and served as Chief of Staff but the public does not see the many for President Reagan. I was living in the human genome one year ahead of thousands of hours of work that staff schedule. With this historic achieve- Australia at the time, and I remember put in crafting the final legislative the relief the Australians had in 1987 ment, the pace of scientific discovery work product. has accelerated. The coming years will hearing on the radio that Howard David was instrumental, for example, bring a wave of new genetics-based Baker was going to the White House to in the passage of the Children’s Health treatments and more powerful pre- help straighten out some problems. Insurance Program legislation, which dictive tests for maladies like cancer, I saw him up close, and I have seen brought health care to 6 million chil- Alzheimer’s, and heart disease. him up close for a long time. I came dren. He was also deeply involved in Late last year, for example, the FDA here to this body in 1967, as his legisla- the passage of legislation which per- approved a new test that helps doctors tive assistant, 1 year before the Presi- mits workers to maintain health insur- determine the most effective medica- dent pro tempore became a Member of ance when they change or lose their tions for treating a particular patient’s this Senate. Howard Baker was not a job. These are just two of the many case of everything from heart disease shy first-termer. We sat around in staff ways where David’s work has enriched to cancer. Other new measures can de- seats in the back of the Chamber and the lives of millions of Americans. In- tect genes that can spare women with waited until he and TED KENNEDY, then deed, the bill we pass today dealing breast cancer the need to undergo another young Senator, took on Ever- with genetic nondiscrimination is just chemotherapy and affect an individ- ett Dirksen and Sam Ervin on ‘‘one one more example of his imprint on ual’s chances of developing lung can- man, one vote.’’ The youngsters beat this Nation’s health care policy. cer. When science detects these genetic the oldsters on that vote. Mr. President, I spent 6 years on the sequences, doctors and patients can do He ran for leader twice, I think, in Senate floor, and I got to know Senate a great deal to preempt and prevent the first 6 years. In 1977, he changed staff really well, because sometimes the conditions they can cause. the name ‘‘Minority Leader’’ to ‘‘Re- they spend hours and sometimes days However, the information might also publican Leader’’ on the wall out here. getting ready for legislation that be used to harm. If people run a risk of He began to talk about the second-best comes to the Senate floor. David is losing jobs, promotions, or insurance view in Washington being in the lead- someone whom I got to know. When I policies on the basis of their genes, er’s office. And we knew he was think- many will avoid getting tested and saw him, I always knew Senator KEN- ing about trying for the first-best view learning about them. NEDY was nearby, or would be here in Washington, which is from the By acting now, we are averting wide- soon. Senator KENNEDY, of course, can spread discrimination before it hap- White House. speak for himself, but this man was in- When he accepted this post in Japan, pens—before health insurers are tempt- valuable to Senator KENNEDY, the com- at President Bush’s request, some peo- ed to use powerful new gene technology mittee, and, I believe, the Senate and ple said to me: Why in the world would to decide who gets coverage and who this country. Howard Baker do that, with all he has does not. As David leaves the Senate, we thank already done in his life? I was not one I urge my colleagues to support the him and his family for all of his sac- bit surprised that he did. Howard Genetics Information Non-Discrimina- rifices. He is the epitome of what a Baker has always had the bit in his tion Act. public servant should be. I wish him teeth. He has done everything he has Congess should be forward thinking well. I wish him the best of luck in his ever done with consummate skill. in the policies we set, instead of wait- He is the reason I am in public serv- retirement. ing until catastrophe looms. This is ice today. We once said there was a The PRESIDING OFFICER (Mr. not a political or partisan issue. It is a whole generation of us—former Sen- ALEXANDER). The majority leader. matter of civil rights. In the past, Congress has acted to ator Thompson, the late Howard f protect the civil rights of its citizens, Liebengood—a number of us who were GENETIC INFORMATION most notably through the landmark a generation of people inspired by How- NONDISCRIMINATION ACT 1964 Civil Rights Act, the Americans ard Baker. Now there is a second gen- Mr. FRIST. Mr. President, in a few with Disabilities Act, and the Health eration, including our majority leader. Insurance Portability and Account- There really would not be a two- moments, the Senate will pass the Ge- netic Information Nondiscrimination ability Act. party system in Tennessee without Today, we take another critical step Act. When this legislation becomes the Howard Baker. forward to protect individuals from the law of the land, it will prevent health We used to say the best thing about threat of discrimination based on their Howard was that when people saw him insurers from denying coverage to genes by building on those time-tested on TV, he always made Tennesseans healthy individuals, or charging higher laws. The Genetic Information Non- look good. We can now say that about premiums based on genetic informa- Discrimination Act is comprehensive, the country. When people see Howard tion. It will also prohibit employers reasonable and fair. It is both practical Baker around the world, he makes us from using genetic information when and forward-looking. Americans look even better. He rep- making hiring, firing, job placement, Once again, I want to recognize the resents the best of us. or job promotion decisions. leadership of Senator SNOWE and Sen- We welcome him home just in time I thanked them earlier this morning, ator ENZI and the broad bipartisan coa- for his 80th birthday on November 15, but once again I thank Senator OLYM- lition that has finally brought us to and just in time, I am quite confident, PIA SNOWE, the lead sponsor of this leg- this day. I look forward to working to prepare for another sparkling chap- islation, and one of its leading cham- with my colleagues in the House to ter in one of our country’s most distin- pions over the years, as well as Senator send this to the President’ desk for his guished public careers. MIKE ENZI, Senator KENNEDY, and Sen- signature. Mr. President, I yield the floor. ator JUDD GREGG. So many people have Mr. President, does the Senator from The PRESIDENT pro tempore. The been involved over the last 7 years on Massachusetts wish to say anything Democratic leader. this legislation. I am gratified we are quickly?

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 17, 2005 CONGRESSIONAL RECORD — SENATE S1595 Mr. KENNEDY. Just for 30 seconds, There is a sufficient second. genome map has brought a promise of Mr. President. The question is on the passage of the improved health through revolutionary The PRESIDING OFFICER. The Sen- bill. new treatments for illness and disease. ator from Massachusetts. The clerk will call the roll. The ultimate result of mapping the Mr. KENNEDY. Mr. President, at the The assistant legislative clerk called human genome is a complete genetic outset, I see my chairman, Senator the roll. blueprint, a blueprint containing the ENZI, who has taken the chair of our Mr. MCCONNELL. The following Sen- most personal and most private infor- committee. I commended him for ator was necessarily absent: the Sen- mation that any human being can bringing this legislation up, and I say ator from Pennsylvania (Mr. SPECTER). have. We will now have a wealth of to you, Mr. Leader, we thank you for Mr. DURBIN. I announce that the knowledge of how our countless indi- your willingness to schedule this legis- Senator from Delaware (Mr. BIDEN) is vidual traits are determined. And per- lation. It is of enormous importance. necessarily absent. haps more important, we will have fun- We have had a good debate and discus- I further announce that if present damental knowledge about the genes sion about all of the concerns families and voting, the Senator from Delaware that can cause sickness and sometimes are faced with without this kind of pro- (Mr. BIDEN) would vote ‘‘yea.’’ even death. tection. We thank you very much, and The PRESIDING OFFICER (Mr. Our personal and unique genetic in- Senator REID, for getting this legisla- COLEMAN). Are there any other Sen- formation is the essence of our individ- tion up and giving us a chance to ex- ators in the Chamber desiring to vote? uality. Our genetic blueprint is unique press the Senate view on this matter. The result was announced—yeas 98, in each of us. However, as genetic test- The PRESIDING OFFICER. The ma- nays 0, as follows: ing becomes a more frequently used jority leader. [Rollcall Vote No. 11 Leg.] tool, we now must begin to address the YEAS—98 ethical and legal issues regarding dis- f Akaka Dole Martinez crimination on the basis of genetic in- ORDER OF BUSINESS Alexander Domenici McCain formation. Questions regarding privacy Allard Dorgan McConnell and confidentiality, ownership and con- Mr. FRIST. Mr. President, for the in- Allen Durbin Mikulski formation of Members, we will be vot- Baucus Ensign Murkowski trol, and consent for disclosure and use ing in a few moments on the genetic Bayh Enzi Murray of genetic information need to be care- Bennett Feingold nondiscrimination bill. For the re- Nelson (FL) fully considered. Bingaman Feinstein Nelson (NE) mainder of the day, we will be working Bond Frist An unintended consequence of this Obama new scientific revolution is the abuses on the Lebanon resolution, the com- Boxer Graham Pryor Brownback Grassley Reed that have arisen as a result of our mittee funding resolution, and some Bunning Gregg Reid gathering genetic information. Healthy military nominations that have been Burns Hagel Roberts Burr Harkin people are being denied employment or reported by the Armed Services Com- Rockefeller Byrd Hatch health insurance because of their ge- mittee. Salazar Cantwell Hutchison Santorum netic information. By addressing the As I mentioned earlier this morning, Carper Inhofe we will convene tomorrow for the read- Chafee Inouye Sarbanes issue of nondiscrimination, we are af- Schumer ing of Washington’s Farewell Address. Chambliss Isakson firming the right of an individual to Clinton Jeffords Sessions have a measure of control over his or However, we do not expect any busi- Shelby Coburn Johnson her personal genetic information. ness to be transacted tomorrow. Cochran Kennedy Smith We are hoping to begin consideration Coleman Kerry Snowe Genetic information only indicates a Stabenow of the bankruptcy bill that was passed Collins Kohl potential susceptibility to future ill- Conrad Kyl Stevens ness. In fact, many individuals identi- out of the Judiciary Committee today Sununu Cornyn Landrieu fied as having a hereditary condition when the Senate returns following the Corzine Lautenberg Talent President’s Day break. I will be work- Craig Leahy Thomas are, indeed, healthy. Some people who Thune ing with the Democratic leader on that Crapo Levin test positive for genetic mutations as- Dayton Lieberman Vitter sociated with certain conditions may agreement and will announce more on DeMint Lincoln Voinovich that later today. DeWine Lott Warner never develop those conditions at all. We have had a good week of work, Dodd Lugar Wyden Genetic information does not nec- completing action on the Chertoff NOT VOTING—2 essarily diagnose disease. Yet many people in our society have been dis- nomination, the Nazi War Crimes Biden Specter criminated against because other peo- Working Group extension, the nomina- The bill (S. 306), as amended, was tion of Robert Zoellick and, in a mo- ple had access to information about passed. their genes, and made determinations ment, passage of the nondiscrimination Mr. DOMENICI. Mr. President, I am legislation. based on this information that the in- pleased to have supported the ‘‘Genetic dividual was too risky to ensure or un- Having said that, I hope and expect Information Nondiscrimination Act of that this will be the last vote of this safe to employ. 2005,’’ a bill that will prohibit discrimi- While the issue is complex, our objec- week. I want to discuss a few items nation based on genetic information tive is clear; people should be encour- with the Democratic leader, and we with respect to employment and health aged to seek genetic services and they should be able to announce shortly insurance. This bill represents much should not fear its discriminatory use whatever other plans are for later cooperation on the part of my col- or disclosure. The Genetic Information today. leagues, and I want to thank them for Nondiscrimination Act is an important f all the hard work done on this impor- first step toward protecting access for tant issue. GENETIC INFORMATION NON- all Americans to employment and I am extremely pleased with today’s DISCRIMINATION ACT OF 2005— health services regardless of their ge- passage of the Genetic Information Resumed netic inheritance. There is simply no Nondiscrimination Act as it marks a place in the health insurance or em- The PRESIDING OFFICER. The great milestone for those of us involved ployment sector for discrimination clerk will report the bill by title. in the Human Genome Project. It based solely upon genetic information. The assistant legislative clerk read seems only a short time ago that the f as follows: Human Genome Project was created as A bill (S. 306) to prohibit discrimination on a joint effort between the Department GENETIC INFORMATION the basis of genetic information with respect of Energy and the National Institutes NONDISCRIMINATION ACT OF 2005 to health insurance and employment. of Health. What progress we have Mr. ENZI. Mr. President, I rise to Mr. FRIST. I ask for the yeas and made. speak on the promise of genomics. nays. In the last 2 years, there have been ‘‘Dazzling thrilling astonishing The PRESIDING OFFICER. Is there a many events celebrating the comple- breathtaking’’. Even for a group given sufficient second? tion of maps of the human genome. The to hyperbolic speech, the language my

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1596 CONGRESSIONAL RECORD — SENATE February 17, 2005 colleagues used in this Chamber 2 years pursuit of happiness’’. Clearly, the cell disease, the most severe variant of ago to describe advances in human ge- state of our health can determine how this condition, carries a significantly netics is both extraordinarily intense successfully we exercise at least two of increased risk of disability and early and factually accurate. Little has those rights. For example, patient care death through a variety of infectious changed since 2003. Indeed, little has can be much more individualized if it is and thrombotic complications. changed in the 9 years we have been based on an understanding of the Changes in lifestyle and compliance considering this legislation. What re- human genome. Current medical prac- with regimens of preventive care, e.g. mains the same is that the tremendous tice applies the results from studies ob- prophylactic antibiotic therapy, are promise of this fundamental scientific tained in groups of patients to the easier for affected individuals to tol- advance remains incompletely realized. treatment of the individual; within erate if they believe that the risks and I am truly concerned that, at the very each group, however, there are patients benefits really apply to them. time in healthcare that we need inno- who respond better or worse to the Some might argue that diseases like vation the most, we tacitly accept lim- therapy offered, compared to the re- these, though unquestionably worthy itations on the application of this ‘‘tre- sponse of the group as a whole. The of public attention, represent a lesser mendously powerful tool.’’ former may be undertreated by stand- national priority when compared to the It is vital to understand that we have ard therapy—they could recover faster other health care needs. In addition, hurtled forward, over a remarkably or more completely, while the latter other pressing domestic and inter- short period of time, into an entirely may be overtreated—developing com- national concerns—deficit reduction new era of medical practice, one the plications of therapy that may prove and national security—figure promi- majority leader believes will be charac- worse than the disease itself. Providers nently, as they should, in the national terized by ‘‘advances . . . more dra- need a way to predict what an individ- debate. Wyoming has relatively few matic than any . . . I had the oppor- ual’s response to treatment is likely to citizens at risk for some of the diseases tunity to . . . participate in over twen- be so that a particular course of ther- I highlighted today, so most citizens of ty years in . . . medicine’’. Barely 50 apy can be modified intelligently and my state might, understandably, focus years ago, Drs. James Watson and expeditiously. That flexibility in treat- their thoughts elsewhere. Francis Crick completed the work ment, guided by an understanding of I think there are two reasons why begun by the 19th century Austrian the patient’s unique, genetically deter- they don’t. The people of Wyoming monk, Gregor Mendel, when they dis- mined response, should result in better take appropriate responsibility for one covered the double-helix structure of outcomes. Even today, oncologists are another’s well-being. They lend a hand DNA, the substance of which genes are treating cancer patients with protocols whenever help is necessary, not in the composed. Four nucleotides, a simple that take into account genetically de- expectation that to do so will be of di- combination of phosphate, nucleic termined differences in how individuals rect benefit to them, but because it is, acids and sugar, are arranged in an in- absorb, metabolize and excrete drugs. simply, the right thing to do. There is finite variety of pairs within genes Drug therapy for other diseases should a direct benefit, however, to be real- that, in turn, are distributed amongst show similar, clinically relevant varia- ized. Full implementation of the re- the 46 chromosomes, which constitute bility. Similarly, cardiologists caring sults of the human genome project will the normal human genome. Operating for patients with hereditary long QT- have a revolutionary impact on dis- according to the instructions contained interval syndrome, a disturbance in eases that are of concern to all of us, in in the DNA, cells in the body produce heart rhythm that can lead to sudden Wyoming and across the United States, proteins that control the expression of death in healthy young people during regardless of our age, gender, or eth- our individual heredity, e.g. color of exercise, are beginning to use genetic nicity. Already, experts recognize the hair and eyes, and determine, in part, testing to help select patients for practical and the potential applica- whether we will be sick or well. treatment or observation and to choose tions of genetic research to the diag- Hardly 2 years ago, Dr. Francis Col- amongst the therapeutic options avail- nosis and treatment of cancer—e.g., lins and colleagues at the NIH National able—lifestyle changes, drug therapy breast, colorectal and ovarian—heart Human Genome Research Institute and surgery—the ones most likely to disease, degenerative neurological dis- completed mapping of the human ge- be of benefit. ease—e.g., Alzheimer’s and Parkin- nome, determining the exact location Second, we recognize, based on long son’s—diabetes, and asthma. No longer of the 3.1 billion base pairs that con- experience, that prevention is better is it science fiction to anticipate that stitute our ‘‘blueprint of life’’. It is en- than cure, both for the individual and primary healthcare providers will, by couraging to note that, in an era where for society as a whole. Early identifica- combining environmental risk assess- government programs are beginning to tion of a genetic predisposition to de- ment and education with genetic eval- receive the scrutiny the public deserves velop a specific disease can be crucial uation, be able to develop, implement regarding results, this program com- to an effective intervention, one that, and monitor a comprehensive, life-long pleted its Herculean task 2 years ahead quite often, will be less costly, too. For health plan that maximizes wellness. of schedule. As representatives of the example, cystic fibrosis—an inherited Third, and, perhaps, most important people, we now have the opportunity disease producing life-threatening di- of all, Americans must recognize that and the responsibility to help sci- gestive and respiratory symptoms—is they have a civic responsibility not entists and clinicians bring this basic the most common, recessively inher- only to care for their own health, but research forward to the hospital, the ited condition afflicting white Amer- to participate in the research yet to clinic, even to our very workplaces and ican children. Scientists have identi- come that moves the science of homes. There are many, both sick and fied over 700 genetic variations of cys- healthcare forward for everyone. Those well, who are counting on us to help tic fibrosis, some of which help to de- of us, including myself, who have con- put that blueprint to use. fine the clinical manifestations of the tributed to this discussion over the last How does the science of genetics, disease. Treatment programs for cystic 9 years have all noted the remarkable simple and straightforward as it may fibrosis that emphasize preventive ‘‘explosion of knowledge’’ and the be to the experts, translate into some- therapies are associated with the best ‘‘great strides’’ in healthcare that have thing with meaning to those outside outcomes. Early identification of those resulted from research already per- the scientific community: the Con- at risk and more precise characteriza- formed. More importantly, though, we gress; and the citizens whom we rep- tion of what those risks will be facili- recognize that, while the science of resent? In particular, why should the tates a more productive program of human genomics has ushered in a new rancher in Cody or small businessman monitoring, more aggressive preven- era of vast potential, that promise has in Gillette care? I can think of three tive care and focused treatment. Like- not yet been fully realized. There is ways. wise, sickle cell anemia, an inherited much that remains to be done to ‘‘un- First, our Declaration of Independ- abnormality in the production of he- leash the power’’ of this science to ence states that we are ‘‘endowed by moglobin, the molecule in the blood change permanently the practice of our Creator with . . . unalienable that carries oxygen to the cells, is healthcare for the better. Clinical rights (including) life, liberty and the prevalent in African Americans. Sickle trials are still necessary, to validate

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 17, 2005 CONGRESSIONAL RECORD — SENATE S1597 reasonable hypotheses and to deter- at the table. You say to the people you reasons I felt it was important to get mine where innovations should fit into are negotiating with: I am one of your started with the program and why I practice. Once integrated, the actual best customers. And third, you say: So, voted for it. But I pointed out to the effect of these innovations must be ac- buddy, what are you going to do for Secretary that may be the ideal, but curately and precisely assessed, recog- me. And this, of course, is what goes on what would be done in areas where nizing that experience is the great in the private sector in Minnesota, in there weren’t a number of private plans teacher. We must work to foster a cul- Oregon, in Florida, every part of the and the opportunity to hold the costs ture of enlightened self-interest in the country. down. That will certainly be the case American people, underscoring their To tell the truth, I guess I have more in areas where there are what are altruistic motivation to do what’s faith in the folks over at Medicare than called fallback plans. My guess is in right. Finally, we have a responsibility they do in themselves, because I noted rural Georgia and rural Oregon, we are to encourage our fellow citizens to par- that the Medicare chief actuary said going to see a number of those fallback ticipate fully in their own healthcare yesterday this kind of negotiating plans because those are communities by working with their providers to in- power isn’t going to do anything, isn’t where you are not going to see mul- corporate advances in science into going to produce any savings, and tiple choices for the seniors. You will their personal health plans as quickly talked about how this was going to be lucky to have one plan, if there is to as possible. lead to price controls and that sort of be any coverage for the older people. Inherent in discharging this responsi- thing. What Senator SNOWE and I have said bility is the need to remove barriers to I happen to think that Medicare, is that at a minimum, let’s make sure action. Thomas Jefferson said, ‘‘Laws through their talented folks, does have in those areas where the older people and institutions must go hand in hand the ability to negotiate better prices, don’t have any bargaining power, it is with the progress of the human mind.’’ as does the private sector. But if they possible for the Government to step in No better example of this truism exists don’t think they do, they can bring in and make sure seniors and taxpayers than the challenge we face in fulfilling, some negotiators who make sure that can get the best possible deal on medi- the older people do get a good deal. completely, the promise of the genomic cine. The story that has been trotted out revolution. Our objective is clear: to In effect, what Senator SNOWE and I in the last 24 hours is about previous have been talking about is the position encourage people to seek genetic serv- and fruitless negotiations for other ices, and to participate in essential ge- of Mr. Leavitt’s predecessor, Secretary drugs. Cancer drugs have been cited, Thompson. At Secretary Thompson’s netic research, by reducing fears about for example. I think that is comparing last press conference he said, almost misuse or unwarranted disclosure of apples to oranges. There wasn’t any ne- verbatim, that he wished the Congress genetic information. gotiation in the past. Medicare paid up. had given him the power Senator I applaud my colleagues in voting for Medicare paid up, and that was the end SNOWE and I believe is important for the Genetic Information Non- of it. discrimination Act of 2005. What I hope the Senate will see is this program. In saying so, the Secretary made it The PRESIDING OFFICER (Mr. ISAK- that there is a real distinction between clear, also, he was not for price con- SON). The Senator from Oregon. the kind of bargaining power Senator trols; he wasn’t interested in a one- f SNOWE and I want to see this program size-fits-all approach to containing MORNING BUSINESS have at a critical juncture and the no- tion of price controls, which we do not costs. He simply made clear that if it is Mr. WYDEN. Mr. President, I ask support and oppose strongly. apparent in a community that the unanimous consent that there now be a It comes down to whether the Senate older people won’t have any bargaining period of morning business, with Sen- wants Medicare to be a smart shopper. power at all because choices are lim- ators permitted to speak for up to 10 I have said that Medicare purchasing of ited, the Secretary wanted essentially minutes each. prescription drugs is like the fellow in a kind of fallback authority, which The PRESIDING OFFICER. Without Price Club buying toilet paper one roll would mean the Government at that objection, it is so ordered. at a time. Nobody would go out and do point could make sure the older people f their shopping that way. Yet that is es- and taxpayers were in a position to have some leverage in the market- PRESCRIPTION DRUG PRICES sentially what the country faces, if there are no changes at all. place. Mr. WYDEN. Mr. President, getting a One other point on this issue is also I asked the Secretary why he dis- good deal for our senior citizens on pre- worth noting. Yesterday Secretary agreed with his predecessor. I asked scription medicines is too important Leavitt came to the Finance Com- specifically: Why do you see it dif- for word games. In the public debate mittee and was asked by me and Sen- ferently than Secretary Thompson? Es- over the prescription drug benefit, it is ator SNOWE and others about this ques- sentially, he said he simply believes in regrettable, because the administra- tion of how to contain costs for pre- the marketplace, and there are going tion seems to be confusing the matter scription drugs. The Secretary said he to be lots of choices. I hope he is right. of negotiation to get the seniors a good was hopeful that in July and August I know he is certainly sincere in his price with what constitutes price con- Senators and Members of Congress and views. trols. This afternoon I would like to set others would go home and make the What I am concerned about is, I the record straight. case to constituents this was a good think it is going to be very hard for the First, I want to be clear: I am against program and that older people and Senator from Georgia and other col- price controls for this program. I am their families would sign up for the leagues to go home in July and August not in favor of mandating prices. I am benefit. I said to the Secretary during and get the older people to sign up for against the whole concept. But what I the course of questioning, as somebody this program if they don’t see this body have been talking about over the past who voted for the benefit, I hoped that is taking additional bipartisan steps to 3 years, particularly with the bipar- was the case, that folks would sign up, control costs. The older people are tisan legislation I have with Senator but that the big barrier to older people reading the newspaper and walking SNOWE, is negotiating, which has Medi- signing up is they were skeptical that into their pharmacies, and they are care sitting down and negotiating for the costs would be restrained. Older seeing what is going on. the millions of older people who are people were concerned about the costs Regrettably, the cost of the program going to be relying on this benefit in of medicine in Georgia and Oregon and has continued to go up. We can debate the years ahead. everywhere else. how much it has gone up. I am not in- If anybody is not sure what negoti- The Secretary’s comment was: Well, terested in some kind of partisan wran- ating is, if anybody can’t tell the dif- there are going to be plenty of private gle on it. But the cost of the benefit ference between negotiation and price plans, and the private plans are going has gone up. And the number of seniors controls, I want to be specific about to hold the costs down. who have signed up for the first part of what constitutes negotiation. First, My response was, I certainly hope the benefit was really very low. So with negotiation, you simply sit down that is the case. That was one of the what this has created is a situation for

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1598 CONGRESSIONAL RECORD — SENATE February 17, 2005 the prescription drug benefit, where ways our homeland security, from in- mote fire safety and prevention. Mean- there is a real likelihood that a huge formation and technology to training while, Tennessee has established 26 Cit- amount of Government money will be and to overall preparedness. The De- izen Corps Councils to help coordinate spent on a very small number of peo- partment of Homeland Security was es- emergency volunteers. As we learned ple. That is not a prescription for the tablished in March of 2003 and has been on 9/11, we are all in this together. survival of the program. Certainly, as central in overseeing and coordinating Another area that must be addressed somebody who voted for the program, I all of these efforts. It is a huge job. I is our biohazard preparedness. We want to see it survive. So I will keep up applaud Secretary Tom Ridge for his know that at least 11, and as many as my end of the bargain. I will keep skillful leadership during those very 17, nations already have offensive bio- working on a bipartisan basis. uncertain times. logical weapons programs—at least 11 I want to express my continued inter- Since the September 11 tragedy, we nations. Experts believe these coun- est in working with the Bush adminis- have taken a number of steps. We hard- tries’ arsenals are stocked with agents tration to save this prescription drug ened cockpit doors on 100 percent of that could be devastating as weapons. benefit that we worked so hard to get large passenger aircraft; 100 percent of The United States must be prepared for off the ground. We need to have an hon- all baggage is screened. We have de- the eventuality of another bioterror at- est conversation about how to do it. I ployed thousands of Federal air mar- tack. That is why in the last Congress don’t think that conversation is helped shals and professionally trained screen- we passed Project Bioshield, which au- by this confusion about what is the dif- ers at our ports. We now screen 100 per- thorizes $5.6 billion over 10 years for ference between negotiating—which I cent of high-risk cargo. We have also the development of vaccines and a launched the US VISIT system which and Senator SMITH and Senator SNOWE whole range of other countermeasures creates a database of pictures and fin- have advocated—what goes on in the against potential biological attacks. ger scans of everyone entering the private sector and what constitutes Such potential attacks could include United States with a nonimmigrant price controls. Senator SNOWE and I those of smallpox, anthrax, and botu- visa. All of these preventive measures, want to be for what goes on in the pri- lism toxin, as well as other dangerous along with many others, are indeed vate sector. We are against price con- pathogens such as Ebola and plague. making America safer and more se- trols. This sort of legislation shows us lead- This will certainly not be the last cure. ing on the challenges of tomorrow. September 11 taught us that the time this topic is discussed on the floor These are proactive pieces of legisla- front lines of a catastrophic terror at- of the Senate. It certainly won’t be the tion that are preventive, that make us tack are not here or in policy but are safer and more secure. This legislation last time that I discuss it. I am glad to local, in communities all across this will help ensure that our public health have the chance to take a few minutes country. It is the folks in our fire de- agencies focus, in a deliberate and to set the record straight because I partments, in our police stations, in comprehensive way, on developing think there was needless confusion on our emergency rooms, and in the vol- drugs and countermeasures and vac- this point in the last 24 hours. I think unteer corps. It is the brave men and the remarks of the Medicare chief ac- women who rush to an attack site with cines and devices whether it is against tuary were unfortunate. I guess I have almost superhuman stamina and com- a biological attack or chemical attack more faith in the folks at Medicare to passion, working to save their fellow or radiological attack or an attack by be able to negotiate good deals than citizens. nuclear agents or dirty bombs. they apparently do in themselves. I I am reminded of the Memphis and This year, we hope to build on these simply urge that there be a continued Shelby County Urban Search and Res- measures with another bioshield act focus on this program during this cru- cue Task Force that traveled to Wash- which is designed to better protect and cial month, where it is going to be im- ington to help at the Pentagon after strengthen our domestic public health portant to get older people to sign up. September 11. All airplanes were shut infrastructure. Specifically, this legis- The key to getting them to sign up will down. The team loaded two tractor lation improves the availability and be to hold down the cost. trailers, three buses, and a few cars, accessibility of vaccines. It strength- I yield the floor and suggest the ab- and drove all through the night from ens our capacity to respond efficiently sence of a quorum. Tennessee until they arrived early in in the event of a public health emer- The PRESIDING OFFICER. The the morning of September 12th. It was gency. And it gets more first respond- clerk will call the roll. a team of firefighters, doctors, nurses, ers into the field by offering loan re- The assistant legislative clerk pro- computer technicians, and rescue dog payments in return for service at the ceeded to call the roll. handlers who worked 12-hour back- FDA, the Food and Drug Administra- Mr. FRIST. I ask unanimous consent breaking shifts every day for days—be- tion, or the Centers for Disease Control that the order for the quorum call be lieve it was a total of 8 days—to help and Prevention, the CDC, or the Na- rescinded. secure the Pentagon’s structure and tional Institutes of Health, or other The PRESIDING OFFICER (Mr. save lives. public health agencies. CHAFEE). Without objection, it is so or- Two or three days after September Well, there is much to do to make dered. 11, I had the opportunity to go and America safer and more secure, from f visit with this rescue task force and to the war on terror, to strengthening the homeland. Next week, I will be return- FIRST RESPONDERS thank them. I remember vividly the day, with the large American flag still ing to my State, as most of our col- Mr. FRIST. Mr. President, my first on the debris of the Pentagon behind leagues will be doing during this period statement refers to first responders the setup of the task force, and that of recess, and attending a conference in and the tremendous progress made over large Tennessee flag. At that time, all Tennessee on a study of what our cur- the last several years in addressing re- I could say was: Thank you for being rent plans are and to also explore ways sponses to emergencies of all types. On on the front line, for responding so im- in which we can maximize our efforts. Tuesday, the director of the Tennessee mediately, for leaving the comfort of It is hard to plan when we do not know Emergency Management Agency came your own homes to volunteer to re- what might be next. That is why we to Washington to brief me and the en- spond. Like so many brave and com- must be ever vigilant and ever creative tire Tennessee delegation on our mitted first responders from around in securing ourselves from attack. State’s homeland security needs. It the country, their assistance was in- From our Federal officials, to our local was fitting, I was thinking at the time, valuable. volunteers, protecting the homeland is for him to be here on the day that we Tennessee received $32.4 million for everyone’s duty. voted on the nomination of Judge Mi- fiscal year 2004 and $32.6 million for fis- f chael Chertoff. cal year 2005 to continue training and 1 ACCOMPLISHMENTS OF THE It has been 3 ⁄2 years since we were strengthening our first responders and attacked on September 11. Since then local capabilities. SENATE AND LOOKING AHEAD we have taken significant steps to This month, fire departments across Mr. FRIST. Mr. President, before strengthen and improve in so many the State were awarded grants to pro- wrapping up, I will look back, very

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 17, 2005 CONGRESSIONAL RECORD — SENATE S1599 briefly—which I tend to do right before This legislation addresses that poten- SENATE APPROPRIATIONS COMMITTEE RULES— we go into a recess—and also look for- tial problem right up front and pre- 109TH CONGRESS ward, very briefly. vents that from happening. I. MEETINGS Let me summarize the last 3 weeks Over the last 3 weeks, we also con- The Committee will meet at the call of the as being gratifyingly productive. I say firmed the last of the President’s Cabi- Chairman. that because last Thursday, by a vote net nominees. We approved II. QUORUMS of 72 to 26, the Senate passed the Class Condoleezza Rice as Secretary of State, 1. Reporting a bill. A majority of the mem- Action Fairness Act. The process was Alberto Gonzales as Attorney General, bers must be present for the reporting of a Samuel Bodman to lead the Energy De- bill. bipartisan throughout. It was a great 2. Other business. For the purpose of legislative victory for the Senate and, partment, and Michael Chertoff as head transacting business other than reporting a subsequently, for the House of Rep- of the Department of Homeland Secu- bill or taking testimony, one-third of the resentatives, which passed the bill rity. members of the Committee shall constitute today. Soon the President will sign Earlier today, the President an- a quorum. this very important issue that address- nounced his selection of John 3. Taking testimony. For the purpose of es lawsuit abuses. Negroponte to serve as the Director of taking testimony, other than sworn testi- mony, by the Committee or any sub- Senator GRASSLEY, who was the lead National Intelligence. We had the op- committee, one member of the Committee or sponsor of the bill, had been working portunity last night to have a presen- tation, an exchange of information, subcommittee shall constitute a quorum. on class action reform for over a dec- For the purpose of taking sworn testimony ade. Last week, we finally delivered. I with Ambassador Negroponte, who is by the Committee, three members shall con- commend my colleagues for their fair- serving us so well today in Iraq. stitute a quorum, and for the taking of ness and their cooperation. Ambassador Negroponte, as Director sworn testimony by any subcommittee, one I applaud also Senator ARLEN SPEC- of National Intelligence, will be re- member shall constitute a quorum. TER, who has not been with us the last sponsible for revamping and inte- III. PROXIES couple of days, but I talked to him a grating America’s 15 intelligence-gath- Except for the reporting of a bill, votes few minutes ago, and he is doing very ering services. As the U.S. Ambassador may be cast by proxy when any member so well. I applaud him for his leadership to Iraq and the United Nations, he has requests. because it was through his committee, proven his ability to manage com- IV. ATTENDANCE OF STAFF MEMBERS AT CLOSED the Judiciary Committee, that class plicated organizations and tackle the SESSIONS action was first addressed and brought difficult challenges we face today Attendance of staff members at closed ses- sions of the Committee shall be limited to to the floor, again, with a bipartisan under intense pressure. He understands the needs of policy- those members of the Committee staff who vote, and ultimately passed. I thank makers, and he understands how the have a responsibility associated with the Senator SPECTER for his tremendous executive branch works. I look forward matter being considered at such meeting. leadership. to his swift confirmation. I look for- This rule may be waived by unanimous con- Building on the momentum of the sent. ward, personally, to working with Am- class action bill, we passed the Genetic V. BROADCASTING AND PHOTOGRAPHING OF bassador Negroponte in the weeks and Information Nondiscrimination Act COMMITTEE HEARINGS months ahead. I hope we will be able to today, not too long ago, with a vote of The Committee or any of its subcommit- consider his confirmation process in 98 to 0. I once again thank Senator tees may permit the photographing and the very near future. broadcast of open hearings by television and/ OLYMPIA SNOWE, who was the lead The Senate has spoken out on some sponsor of that legislation and has or radio. However, if any member of a sub- of the most important issues of the day committee objects to the photographing or been one of its leading champions for as well: the Iraqi elections, the Pales- broadcasting of an open hearing, the ques- many years. It was a bipartisan piece tinian elections, the assassination of tion shall be referred to the full Committee of legislation, obviously, with a vote of Lebanese Prime Minister Rafiq Hariri. for its decision. 98 to 0. When we return from our short re- VI. AVAILABILITY OF SUBCOMMITTEE REPORTS On the other side of the aisle, Sen- cess—and, again, most people will be To the extent possible, when the bill and ator KENNEDY, and on our side of the going back to their States in order to report of any subcommittee are available, aisle, Senator GREGG and Senator MIKE be with their constituents over the they shall be furnished to each member of ENZI—all of them have been thanked next week—we will continue keeping the Committee thirty-six hours prior to the over the course of the day. I thank our eye on events at home as well as Committee’s consideration of said bill and report. them. And I thank the Democratic abroad. We will return after our recess VII. AMENDMENTS AND REPORT LANGUAGE leader, as well, Senator REID, for facili- to look at issues such as bankruptcy, To the extent possible, amendments and tating passage of this important piece which we will address as soon as we of legislation. report language intended to be proposed by come back. We will address the supple- Senators at full Committee markups shall be When this bill becomes the law of the mental the President has delivered to land, it will prevent health insurers provided in writing to the Chairman and us. And, of course, we will be address- Ranking Minority Member and the appro- from what can be very tempting for an ing the budget as well. priate Subcommittee Chairman and Ranking unscrupulous health insurer, and that As I promised when we began the Minority Member twenty-four hours prior to would be to reach down and grab infor- 109th Congress, it is our job to deliver such markups. mation that is important to a patient meaningful solutions on the challenges VIII. POINTS OF ORDER but that information could be used that are ahead. Any member of the Committee who is floor against the patient. It is our duty and our privilege to manager of an appropriations bill, is hereby It will prevent insurers from charg- keep America moving forward. authorized to make points of order against ing higher premiums based on the re- any amendment offered in violation of the f sults of genetic testing. It will also Senate Rules on the floor of the Senate to prohibit employers from potentially RULES OF PROCEDURE— such appropriations bill. using genetic information when consid- COMMITTEE ON APPROPRIATIONS IX. EX OFFICIO MEMBERSHIP ering hiring or firing somebody or con- Mr. COCHRAN. Mr. President, the The Chairman and Ranking Minority Mem- sidering job promotions. Senate Appropriations Committee has ber of the full Committee are ex officio mem- This bill, the Genetic Information bers of all subcommittees of which they are adopted rules governing its procedures not regular members but shall have no vote Nondiscrimination Act, is a model of for the 109th Congress. Pursuant to in the subcommittee and shall not be count- how again we can lead today on tomor- Rule XXVI, paragraph 2, of the Stand- ed for purposes of determining a quorum. row’s problems. As the science ad- ing Rules of the Senate, on behalf of f vances, genetic tests will be used with myself and Senator BYRD, I ask unani- increasing frequency, and the likeli- mous consent that a copy of the com- RULES OF PROCEDURE—COM- hood, without this bill, would be for mittee rules be printed in the RECORD. MITTEE ON BANKING, HOUSING, abuse of this genetic information. It is There being no objection, the mate- AND URBAN AFFAIRS hugely powerful for the patient, but if rial was ordered to be printed in the Mr. SHELBY. Mr. President, in ac- misused, detrimental to the patient. RECORD, as follows: cordance with rule XXVI.2. of the

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1600 CONGRESSIONAL RECORD — SENATE February 17, 2005 Standing Rules of the Senate, I submit section shall apply only when the conditions that a special meeting of the Subcommittee for publication in the RECORD the rules of subsection [e][1] have been met. will be held, specifying the date and hour of of the Committee on Banking, Housing, [g] Cordon rule. Whenever a bill or joint that special meeting. The Subcommittee and Urban Affairs, as unanimously resolution repealing or amending any stat- shall meet on that date and hour. Imme- ute or part thereof shall be before the Com- diately upon the filing of the notice, the adopted by the Committee on January mittee or Subcommittee, from initial consid- Clerk of the Committee shall notify all 26, 2005. eration in hearings through final consider- members of the Subcommittee that such spe- I ask unanimous consent that the ation, the Clerk shall place before each cial meeting will be held and inform them of text of the committee rules be printed member of the Committee or Subcommittee its date and hour. If the Chairman of the in the RECORD. a print of the statute or the part or section Subcommittee is not present at any regular There being no objection, the mate- thereof to be amended or repealed showing or special meeting of the Subcommittee, the rial was ordered to be printed in the by stricken-through type, the part or parts Ranking Member of the majority party on to be omitted, and in italics, the matter pro- RECORD, as follows: the Subcommittee who is present shall pre- posed to be added. In addition, whenever a side at that meeting. RULES OF PROCEDURE FOR THE COMMITTEE ON member of the Committee or Subcommittee [h] Voting. No measure or matter shall be BANKING, HOUSING, AND URBAN AFFAIRS offers an amendment to a bill or joint resolu- recommended from a Subcommittee to the RULE 1. REGULAR MEETING DATE FOR tion under consideration, those amendments Committee unless a majority of the Sub- COMMITTEE shall be presented to the Committee or Sub- committee are actually present. The vote of The regular meeting day for the Com- committee in a like form, showing by typo- the Subcommittee to recommend a measure mittee to transact its business shall be the graphical devices the effect of the proposed or matter to the Committee shall require the last Tuesday in each month that the Senate amendment on existing law. The require- concurrence of a majority of the members of is in Session; except that if the Committee ments of this subsection may be waived the Subcommittee voting. On Subcommittee has met at any time during the month prior when, in the opinion of the Committee or matters other than a vote to recommend a to the last Tuesday of the month, the regular Subcommittee Chairman, it is necessary to measure or matter to the Committee no meeting of the Committee may be canceled expedite the business of the Committee or record vote shall be taken unless a majority at the discretion of the Chairman. Subcommittee. of the Subcommittee is actually present. RULE 2. COMMITTEE RULE 3. SUBCOMMITTEES Any absent member of a Subcommittee may affirmatively request that his or her vote to [a] Investigations. No investigation shall [a] Authorization for. A Subcommittee of recommend a measure or matter to the Com- be initiated by the Committee unless the the Committee may be authorized only by mittee or his vote on any such other matters Senate, or the full Committee, or the Chair- the action of a majority of the Committee. on which a record vote is taken, be cast by man and Ranking Member have specifically [b] Membership. No member may be a proxy. The proxy shall be in writing and authorized such investigation. member of more than three Subcommittees shall be sufficiently clear to identify the [b] Hearings. No hearing of the Committee and no member may chair more than one subject matter and to inform the Sub- shall be scheduled outside the District of Co- Subcommittee. No member will receive as- committee as to how the member wishes his lumbia except by agreement between the signment to a second Subcommittee until, in or her vote to be recorded thereon. By writ- Chairman of the Committee and the Ranking order of seniority, all members of the Com- ten notice to the Chairman of the Sub- Member of the Committee or by a majority mittee have chosen assignments to one Sub- committee any time before the record vote vote of the Committee. committee, and no member shall receive as- [c] Confidential testimony. No confidential signment to a third Subcommittee until, in on the measure or matter concerned is testimony taken or confidential material order of seniority, all members have chosen taken, the member may withdraw a proxy presented at an executive session of the assignments to two Subcommittees. previously given. All proxies shall be kept in Committee or any report of the proceedings [c] Investigations. No investigation shall the files of the Committee. of such executive session shall be made pub- be initiated by a Subcommittee unless the RULE 4. WITNESSES lic either in whole or in part or by way of Senate or the full Committee has specifi- [a] Filing of statements. Any witness ap- summary, unless specifically authorized by cally authorized such investigation. pearing before the Committee or Sub- the Chairman of the Committee and the [d] Hearings. No hearing of a Sub- committee [including any witness rep- Ranking Member of the Committee or by a committee shall be scheduled outside the resenting a Government agency] must file majority vote of the Committee. District of Columbia without prior consulta- with the Committee or Subcommittee [24 [d] Interrogation of witnesses. Committee tion with the Chairman and then only by hours preceding his or her appearance] 75 interrogation of a witness shall be conducted agreement between the Chairman of the Sub- copies of his or her statement to the Com- only by members of the Committee or such committee and the Ranking Member of the mittee or Subcommittee, and the statement professional staff as is authorized by the Subcommittee or by a majority vote of the must include a brief summary of the testi- Chairman or the Ranking Member of the Subcommittee. mony. In the event that the witness fails to Committee. [e] Confidential testimony. No confidential file a written statement and brief summary [e] Prior notice of markup sessions. No ses- testimony taken or confidential material in accordance with this rule, the Chairman sion of the Committee or a Subcommittee presented at an executive session of the Sub- of the Committee or Subcommittee has the for marking up any measure shall be held committee or any report of the proceedings discretion to deny the witness the privilege unless [1] each member of the Committee or of such executive session shall be made pub- of testifying before the Committee or Sub- the Subcommittee, as the case may be, has lic, either in whole or in part or by way of committee until the witness has properly been notified in writing of the date, time, summary, unless specifically authorized by complied with the rule. and place of such session and has been fur- the Chairman of the Subcommittee and the [b] Length of statements. Written state- nished a copy of the measure to be consid- Ranking Member of the Subcommittee, or by ments properly filed with the Committee or ered at least 3 business days prior to the a majority vote of the Subcommittee. Subcommittee may be as lengthy as the wit- commencement of such session, or [2] the [f] Interrogation of witnesses. Sub- ness desires and may contain such docu- Chairman of the Committee or Sub- committee interrogation of a witness shall ments or other addenda as the witness feels committee determines that exigent cir- be conducted only by members of the Sub- is necessary to present properly his or her cumstances exist requiring that the session committee or such professional staff as is au- views to the Committee or Subcommittee. be held sooner. thorized by the Chairman or the Ranking The brief summary included in the state- [f] Prior notice of first degree amend- Member of the Subcommittee. ment must be no more than 3 pages long. It ments. It shall not be in order for the Com- [g] Special meetings. If at least three shall be left to the discretion of the Chair- mittee or a Subcommittee to consider any members of a Subcommittee desire that a man of the Committee or Subcommittee as amendment in the first degree proposed to special meeting of the Subcommittee be to what portion of the documents presented any measure under consideration by the called by the Chairman of the Sub- to the Committee or Subcommittee shall be Committee or Subcommittee unless fifty committee, those members may file in the published in the printed transcript of the written copies of such amendment have been offices of the Committee their written re- hearings. delivered to the office of the Committee at quest to the Chairman of the Subcommittee [c] Ten-minute duration. Oral statements least 2 business days prior to the meeting. It for that special meeting. Immediately upon of witnesses shall be based upon their filed shall be in order, without prior notice, for a the filing of the request, the Clerk of the statements but shall be limited to 10 min- Senator to offer a motion to strike a single Committee shall notify the Chairman of the utes duration. This period may be limited or section of any measure under consideration. Subcommittee of the filing of the request. If, extended at the discretion of the Chairman Such a motion to strike a section of the within 3 calendar days after the filing of the presiding at the hearings. measure under consideration by the Com- request, the Chairman of the Subcommittee [d] Subpoena of witnesses. Witnesses may mittee or Subcommittee shall not be amend- does not call the requested special meeting, be subpoenaed by the Chairman of the Com- able. This section may be waived by a major- to be held within 7 calendar days after the mittee or a Subcommittee with the agree- ity of the members of the Committee or Sub- filing of the request, a majority of the mem- ment of the Ranking Member of the Com- committee voting, or by agreement of the bers of the Subcommittee may file in the of- mittee or Subcommittee or by a majority Chairman and Ranking Member. This sub- fices of the Committee their written notice vote of the Committee or Subcommittee.

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 17, 2005 CONGRESSIONAL RECORD — SENATE S1601 [e] Counsel permitted. Any witness subpoe- public or executive hearings, except that a John Negroponte to be the new Direc- naed by the Committee or Subcommittee to member may have one staff person accom- tor of National Intelligence. Rarely a public or executive hearing may be accom- pany him or her during such public or execu- will a nominee so clearly go from the panied by counsel of his or her own choosing tive hearing on the dais. If a member desires frying pan to the fire. who shall be permitted, while the witness is a second staff person to accompany him or Ambassador Negroponte will face testifying, to advise him or her of his or her her on the dais he or she must make a re- legal rights. quest to the Chairman for that purpose. enormous challenges in his new posi- tion just as he has in his current posi- [f] Expenses of witnesses. No witness shall RULE 8. COINAGE LEGISLATION tion as our Ambassador to Iraq. His ex- be reimbursed for his or her appearance at a At least 67 Senators must cosponsor any public or executive hearing before the Com- gold medal or commemorative coin bill or perience there will serve him well, mittee or Subcommittee unless such reim- resolution before consideration by the Com- since the war with Iraq has made the bursement is agreed to by the Chairman and mittee. country a breeding ground for ter- Ranking Member of the Committee. EXTRACTS FROM THE STANDING RULES OF THE rorism that did not previously exist. [g] Limits of questions. Questioning of a SENATE—RULE XXV, STANDING COMMITTEES His new top priority must be to keep witness by members shall be limited to 5 America’s intelligence community fo- minutes duration when 5 or more members 1. The following standing committees shall are present and 10 minutes duration when be appointed at the commencement of each cused on the real threat to our na- less than 5 members are present, except that Congress, and shall continue and have the tional security—the war against al- if a member is unable to finish his or her power to act until their successors are ap- Qaida. questioning in this period, he or she may be pointed, with leave to report by bill or other- This will not be an easy task. The on- permitted further questions of the witness wise on matters within their respective ju- going war in Iraq is sapping our mili- after all members have been given an oppor- risdictions: [d][1] Committee on Banking, Housing, and tary, diplomatic, and intelligence re- tunity to question the witness. sources. It is a war that did not need to Additional opportunity to question a wit- Urban Affairs, to which committee shall be referred all proposed legislation, messages, be fought. There were no weapons of ness shall be limited to a duration of 5 min- mass destruction. There were no per- utes until all members have been given the petitions, memorials, and other matters re- opportunity of questioning the witness for a lating to the following subjects: suasive links to al-Qaida. America 1. Banks, banking, and financial institu- second time. This 5-minute period per mem- should not have rushed to war with tions. ber will be continued until all members have Iraq. We should have stayed focused on 2. Control of prices of commodities, rents, the imminent threat from al-Qaida, a exhausted their questions of the witness. and services. RULE 5. VOTING 3. Deposit insurance. threat that remains strong more than [a] Vote to report a measure or matter. No 4. Economic stabilization and defense pro- three years after the 9/11 attacks. measure or matter shall be reported from the duction. CIA Director Porter Goss’ statement Committee unless a majority of the Com- 5. Export and foreign trade promotion. yesterday that ‘‘Al Qaeda is intent on 6. Export controls. finding ways to circumvent US secu- mittee is actually present. The vote of the 7. Federal monetary policy, including Fed- Committee to report a measure or matter eral Reserve System. rity enhancements to strike Americans shall require the concurrence of a majority 8. Financial aid to commerce and industry. and the homeland’’ is a timely re- of the members of the Committee who are 9. Issuance and redemption of notes. minder that al-Qaida is still the present. 10. Money and credit, including currency gravest threat to our national security, Any absent member may affirmatively re- and coinage. and the war in Iraq has ominously quest that his or her vote to report a matter 11. Nursing home construction. be cast by proxy. The proxy shall be suffi- 12. Public and private housing [including given al-Qaida new incentives and new ciently clear to identify the subject matter, veterans’ housing]. opportunities to attack us. and to inform the Committee as to how the 13. Renegotiation of Government con- The warning about al-Qaida’s threat member wishes his vote to be recorded there- tracts. was emphasized Admiral James Loy, on. By written notice to the Chairman any 14. Urban development and urban mass Deputy Secretary of Homeland Secu- time before the record vote on the measure transit. rity. He told the Intelligence Com- [2] Such committee shall also study and re- or matter concerned is taken, any member mittee, ‘‘We believe that attacking the may withdraw a proxy previously given. All view, on a comprehensive basis, matters re- lating to international economic policy as it homeland remains at the top of Al proxies shall be kept in the files of the Com- Qaeda’s operational priority list. We mittee, along with the record of the rollcall affects United States monetary affairs, cred- vote of the members present and voting, as it, and financial institutions; economic believe that their intent remains an official record of the vote on the measure growth, urban affairs, and credit, and report strong for attempting another major or matter. thereon from time to time. operation here.’’ [b] Vote on matters other than to report a COMMITTEE PROCEDURES FOR PRESIDENTIAL The danger was also emphasized by measure or matter.—On Committee matters NOMINEES Robert Mueller, the FBI Director, who other than a vote to report a measure or Procedures formally adopted by the U.S. told the Intelligence Committee, ‘‘The matter, no record vote shall be taken unless Senate Committee on Banking, Housing, and threat posed by international ter- a majority of the Committee are actually Urban Affairs, February 4, 1981, establish a rorism, and in particular from Al- present. On any such other matter, a mem- uniform questionnaire for all Presidential Qaeda and related groups, continues to ber of the Committee may request that his nominees whose confirmation hearings come be the gravest we face.’’ Director or her vote may be cast by proxy. The proxy before this Committee. shall be in writing and shall be sufficiently In addition, the procedures establish that: Mueller said, ‘‘Al Qaeda continues to clear to identify the subject matter, and to [1] A confirmation hearing shall normally adapt and move forward with its desire inform the Committee as to how the member be held at least 5 days after receipt of the to attack the United States using any wishes his or her vote to be recorded there- completed questionnaire by the Committee means at its disposal. Their intent to on. By written notice to the Chairman any unless waived by a majority vote of the Com- attack us at home remains and their time before the vote on such other matter is mittee. resolve to destroy America has never [2] The Committee shall vote on the con- taken, the member may withdraw a proxy faltered.’’ previously given. All proxies relating to such firmation not less than 24 hours after the Committee has received transcripts of the In addition, the threat was empha- other matters shall be kept in the files of the sized by the Director of the Defense In- Committee. hearing unless waived by unanimous con- sent. telligence Agency, Admiral Lowell RULE 6. QUORUM [3] All nominees routinely shall testify Jacoby, who said, ‘‘The threat from No executive session of the Committee or a under oath at their confirmation hearings. terrorism has not abated.... The pri- Subcommittee shall be called to order unless This questionnaire shall be made a part of mary threat for the foreseeable future a majority of the Committee or Sub- the public record except for financial infor- is a network of Islamic extremists hos- committee, as the case may be, are actually mation, which shall be kept confidential. present. Unless the Committee otherwise Nominees are requested to answer all ques- tile to the United States and our inter- provides or is required by the Rules of the tions, and to add additional pages where nec- ests. The network is transnational and Senate, one member shall constitute a essary. has a broad range of capabilities to in- quorum for the receipt of evidence, the f clude mass casualty attacks.’’ swearing in of witnesses, and the taking of Most ominously of all, CIA Director testimony. NOMINATION OF AMBASSADOR Porter Goss emphasized that terrorists RULE 7. STAFF PRESENT ON DAIS JOHN NEGROPONTE are doing all they can to acquire nu- Only members and the Clerk of the Com- Mr. KENNEDY. Mr. President, today clear materials that can be used in a mittee shall be permitted on the dais during President Bush nominated Ambassador nuclear attack against any American

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1602 CONGRESSIONAL RECORD — SENATE February 17, 2005 city. He spoke specifically about the England States recognized the impor- ness leaders, and policymakers to share materials missing from Russian nu- tance of higher education to the region best practices and current views on clear facilities. He said, ‘‘There is suffi- and entered into the New England higher education and economic devel- cient material unaccounted for, so that Higher Education Compact to share the opment. it would be possible for those with region’s higher education resources and For the past 50 years, hundreds of know-how to construct a nuclear weap- to cooperate in meeting the needs of New England’s leading citizens in gov- on.’’ His assessment is that ‘‘It may be the New England workforce. ernment, education, and business have a only a matter of time before Al The original signers of the New Eng- served as delegates to the New England Qaeda or another group attempts to land Higher Education Compact were Board of Higher Education to encour- use chemical, biological, radiological Governor Abraham Ribbicoff of Con- age regional cooperation, increase edu- and nuclear weapons.’’ necticut, Governor Edmund Muskie of cational opportunities for residents of Defense Intelligence Agency Director Maine, Governor Christian Herter of the region, and strengthen the rela- Jacoby concurred, saying, ‘‘We judge Massachusetts, Governor Lane Dwinell tionship between higher education and terrorist groups, particularly Al Qaeda, of New Hampshire, Governor Dennis J. the region’s economy. remain interested in chemical, biologi- Roberts of Rhode Island and Governor We join to congratulate the New Eng- cal radiological and nuclear weapons.’’ Joseph B. Johnson of Vermont. land Board of Higher Education on the Admiral James Loy, Deputy Sec- The legislatures of the six States occasion of its 50th anniversary, and retary of Homeland Security warned, ratified the compact and the compact commend the New England Board of ‘‘Al-Qaeda and its affiliated groups was approved by the United States Higher Education for its service to New have demonstrated an operational ca- Congress on August 30, 1954, and the England residents and its commitment pability to conduct dramatic, mass- New England Board of Higher Edu- to excellence in higher education, and casualty attacks against both hard and cation was created as the interstate in particular, its distinguished Board soft targets inside the United States agency to carry out the mission of the of Delegates led by the Honorable and abroad . . . The most severe compact. Louis D’Allesandro of New Hampshire threats revolve around al-Qaeda and its In 1957, the New England Board of and its president and CEO, Dr. Evan S. affiliates’ long-standing intent to de- Higher Education established what has Dobelle of Massachusetts. velop, procure, or acquire chemical, bi- become its flagship program, the New f ological, radiological, and even nu- England Regional Student Program, to clear, weapons for mass-casualty at- enable New England residents to pay LOCAL LAW ENFORCEMENT tacks.’’ reduced tuition at out-of-State public ENHANCEMENT ACT OF 2005 CIA Director Porter Goss also said colleges and universities in the region Mr. SMITH. Mr. President, I rise that we’ve created a breeding ground when they enroll in degree programs today to speak about the need for hate for terrorists in Iraq and a cause world- not offered by their home State. crimes legislation. Each Congress, Sen- wide for the continuing recruitment of The six New England States agreed ator KENNEDY and I introduce hate anti-American extremists. in the compact to provide needed, ac- crimes legislation that would add new His assessment was clear. ‘‘The Iraq ceptable, efficient educational re- categories to current hate crimes law, conflict, while not a cause of extre- sources and facilities to meet the needs sending a signal that violence of any mism, has become a cause for extrem- of the New England workforce in the kind is unacceptable in our society. ists . . . Islamic extremists are exploit- fields of medicine, public health, Likewise, each Congress I have come to ing the Iraqi conflict to recruit new science, technology, engineering, the floor to highlight a separate hate anti-U.S. jihadists . . . These jihadists mathematics, and other fields of pro- crime that has occurred in our coun- who survive will leave Iraq experienced fessional and graduate training. Access try. in and focused on acts of urban ter- and affordability have become the hall- In September of 2004, two rorism. They represent a potential pool mark of the Regional Student Program transgender women were attacked by a of contacts to build transnational ter- of the New England Board of Higher group of six or seven teenagers in rorist cells, groups, and networks in Saudi Arabia, Jordan and other coun- Education. Washington, DC. One of the women, The New England Board of Higher tries.’’ Kerri Kellerman, suffered two broken American forces served bravely and Education has, over the course of the ribs, a fractured skull, and a facial with great honor in Iraq. But the war last 50 years, saved New England stu- wound requiring 40 stitches after being in Iraq has made it more likely—not dents and their families millions of beaten with a brick and a metal pad- less likely—that we will face terrorist dollars in annual tuition bills. The New lock. The other woman, a 25-year-old attacks in American cities, and not England Board of Higher Education named Jaimie Fischer, reports that the just the streets of Baghdad. The war provides professional development assailants yelled slurs about the vic- has clearly made us less safe, and less training to prepare the region’s high tim’s sexual orientation during the at- secure. school teachers and college faculty to tack. It has significantly increased the teach in the fields of math, science and I believe that the Government’s first challenges to our intelligence commu- technology for thousands of New Eng- duty is to defend its citizens, to defend nity. And it underscores the vital need land’s middle, high school and college them against the harms that come out to have a Director of National Intel- students. of hate. The Local Law Enforcement ligence who understands that it is al- The Excellence Through Diversity Enhancement Act is a symbol that can Qaida not Iraq—that has always been program of the New England Board of become substance. I believe that by and remains the greatest threat to our Higher Education provides an academic passing this legislation and changing national security. support network to inspire, inform and current law, we can change hearts and In my view, we have no higher pri- motivate underrepresented high school minds as well. ority than to do everything we possibly students to apply to college, performs f can to track down and secure the nu- research relating to underrepresented ETHA AND DRUG-RESISTANT HIV clear materials missing from Russian groups enrolled in science, technology, STRAINS stockpiles or from any other source engineering and mathematics pro- that might be available to terrorists. grams in New England, and supports ef- Mr. SMITH. Mr. President, I discuss The nuclear clock is ticking, and we forts to increase the number of minor- a rare strain of HIV that is highly re- are living on borrowed time. ity doctoral scholars at New England sistant to most antiretroviral drugs f colleges and universities. and causes a rapid onset of AIDS that Connection: The Journal of the New was recently discovered in a patient in 50TH ANNIVERSARY OF THE NEW England Board of Higher Education is New York City. The strain, identified ENGLAND BOARD OF HIGHER America’s only regional magazine on as 3–DCR HIV, is resistant to 3 of the 4 EDUCATION higher education and economic devel- classes of antiretroviral drugs, which Mr. KENNEDY. Mr. President, on opment that provides a key policy means that 19 of the 20 available June 2, 1955, the Governors of six New forum for New England educators, busi- antiretroviral drug combinations

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 17, 2005 CONGRESSIONAL RECORD — SENATE S1603 would be ineffective for a person with delay disease progression and increase ment. Senator BOXER’s amendment this HIV strain. life expectancy, but it would also re- would have required that all handguns Although drug-resistant HIV strains duce the need for more expensive treat- sold by a dealer come with a child safe- are common in patients who have been ment and costly hospital stays. Ac- ty device, such as a lock, a lock box, or treated with antiretroviral drugs, mul- cording to a study conducted by technology built into the gun itself tiple-drug-resistant HIV is extremely PricewaterhouseCoopers, ETHA would that would increase the security of the rare in patients who are newly diag- reduce gross Medicaid costs by 70 per- weapon while in storage. The under- nosed and previously untreated. More- cent, saving the Federal Government lying gun industry immunity bill to over, while HIV infection usually takes approximately $1.5 billion over 10 which this amendment was attached about 10 years to progress to AIDS, years. With the administration looking was later defeated in the Senate, but this patient apparently progressed to for ways to reduce Medicaid costs, the need and support for this legisla- AIDS in a matter of months. Combina- passing ETHA would be a good start. tion is clear. In light of the bipartisan tion of a highly drug resistant HIV in- It’s also the right thing to do. support for this trigger lock amend- fection and rapid disease progression f ment during the last Congress, I am has the potential to become a very se- hopeful that the 109th Congress will SAFE GUN STORAGE SAVES LIVES rious public health problem with global take up and pass common sense trigger health implications. Mr. LEVIN. Mr. President, the debate lock legislation. The ultimate significance of the new on how to most effectively combat gun While the problems of youth suicide strain is still unknown. Only time will violence frequently centers on the abil- and accidental shooting cannot be leg- tell whether this was an isolated case ity of criminals to access dangerous islated away, trigger locks and other or part of an outbreak of similar cases. firearms. Today, I would like to call sensible gun safety measures can help It is imperative, however, that we take my colleagues’ attention to another limit children’s access to firearms. It is action to identify and halt the spread important issue in our fight against clear that reducing our kids’ access to of aggressive, multiresistant HIV/AIDS gun violence: the ability of our teen- guns can save lives. The time has come strains. agers and children to access firearms. We must continue to build upon and to support the efforts of States who Safe storage and child access preven- have enacted common sense child ac- fund existing prevention programs and tion laws are critical steps as we seek to strengthen our infectious disease cess prevention laws and make respon- to reduce the occurrence of accidental monitoring systems. The CDC, in col- sible storage of firearms standard shootings and suicides involving guns. laboration with community, state, na- around the Nation. Such tragedies have claimed the lives tional, governmental and nongovern- f of thousands of young people and de- mental partners, employs a number of stroyed families even though many of HEALTH ACT programs designed to prevent HIV in- these occurrences could have been pre- fection and reduce the incidence of Mr. ENSIGN. Mr. President, last vented by common sense legislation. HIV-related illness and death. By pro- week, I reintroduced the HEALTH Act According to a Journal of the Amer- viding financial and technical support to address the national crisis our doc- ican Medical Association study re- for disease surveillance; risk-reduction tors, hospitals and those needing leased in 2001, suicide is the third-lead- counseling; street and community out- healthcare face today. ing cause of death among youth aged 10 reach; school-based education on AIDS; Every day, patients in Nevada and to 19. Between 1976 and 2001, the period prevention case management; and pre- across America are losing access to of the study, nearly 40,000 youth aged vention and treatment of other sexu- healthcare services. Several states are 14 to 20 committed suicide using a gun. ally transmitted diseases that can in- losing medical professionals at an The study also found that there was a crease risks for HIV transmission, such alarming rate, leaving thousands of pa- programs have played a key role in re- significant reduction in youth suicide tients without a healthcare provider to ducing HIV transmission. rates in States that had child access serve their needs. Stopping the spread of this strain is prevention laws. Unlike suicide at- Because of increasing medical liabil- also critical in order to preserve the ef- tempts using other methods, suicide ity insurance premiums, it is now com- fectiveness of existing HIV/AIDS thera- attempts with guns are nearly always mon for obstetricians to no longer de- pies. Not only do such therapies pro- fatal. These children get no second liver babies, and for other specialists to long and improve the quality of life of chance. no longer provide emergency calls or those affected by HIV/AIDS, but they The Brady Campaign to Prevent Gun perform certain high-risk procedures. also play a vital role in preventing the Violence reported in 2004 that teen- Women’s health in Nevada and else- spread of the disease. A recent study agers and children are involved in more where in the country is in serious jeop- found that HIV therapies reduce infec- than 10,000 accidental shootings in ardy as new doctors turn away from tiousness by 60 percent. Consequently, which close to 800 people die each year. specialties and as practicing doctors that is why I recently reintroduced S. Further, about 1,500 children age 14 and close their doors. 311, the Early Treatment for HIV Act, under are treated in hospital emer- I have been told that one in seven fel- ETHA. Supported by a bipartisan group gency rooms for unintentional firearm lows of the American Academy of Ob- of 31 Senators, ETHA redresses a fun- injuries. About 38 percent of them have stetricians and Gynecologists have damental flaw under the current Med- injuries severe enough to require hos- stopped practicing obstetrics because icaid system that provides access to pitalization. Blocking unsupervised ac- of the high risk of liability claims. care only after individuals have devel- cess to loaded guns is the key to pre- When Ms. Jill Forte of Las Vegas, oped full blown AIDS. venting these occurrences. found out that she was pregnant with ETHA brings Medicaid eligibility A study published last week in the her second child, she called her doctor. rules in line with Federal Government Journal of the American Medical Asso- The doctor told her that because of in- guidelines on the standard of care for ciation found that the risk of uninten- surance costs, she could no longer de- treating HIV. ETHA helps address the tional shooting or suicide by minors liver her baby. So Jill started calling fact that increasingly, in many parts of using a gun can be significantly re- around. She was told the same thing by the country, there are growing waiting duced by adopting responsible gun safe- five different doctors. She even consid- lists for access to life-saving medica- ty measures. According to the study, ered going to California for care. tions and limited access to comprehen- when ammunition in the home is Fortunately, Ms. Forte was able to sive health care. Access to HIV thera- locked up, the risk of such injuries is make a connection through a friend for pies reduces the amount of HIV virus reduced by 61 percent. Simply storing a local doctor to take her case. She present in a person’s bloodstream, viral ammunition separately from the gun said: load, a key factor in curbing infec- reduces such occurrences by more than I was in total shock. I didn’t know what tiousness and reducing the ability to 50 percent. was going on until it happened. Looking for transmit HIV. During the 108th Congress, I joined a doctor, worried about finding a doctor Early access to HIV therapies as pro- with 69 of my colleagues in voting for when you’re pregnant is a stress that is an vided under ETHA would not only Senator BOXER’s trigger lock amend- unnecessary stress. It’s a stress caused by

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1604 CONGRESSIONAL RECORD — SENATE February 17, 2005 frivolous and junk lawsuits. It doesn’t make in 2004, obstetricians in Dade County, Department of Health and Human any sense to have a society that sues so FL, were paying as much as $277,241 in Services found that defensive medicine often that expectant mothers are worried annual medical liability insurance pre- is costing the Federal Government an about finding a doctor. miums. Similarly, in Illinois, some ob- estimated $28 billion to $47 billion per Unfortunately, her story is becoming stetricians were paying more than year in unnecessary health care costs. too commonplace. $230,000 a year. In my home state of Ne- In addition to the Federal Govern- Additionally, hundreds of emergency vada, some OB/GYNs were paying ap- ment, who else is paying for these un- departments have closed in recent proximately $133,904 for medical liabil- necessary costs? Every American with years. Emergency departments have ity insurance, an increase of 15 percent health insurance is paying for these shut down in Arizona, Florida, Mis- from 2003. unnecessary expenses in the form of sissippi, Pennsylvania, and Nevada, Faced with increasing medical liabil- higher out-of-pocket payments and pre- among others. During this same time, ity insurance premiums, some physi- miums. the number of visits to the Nation’s cians are no longer accepting dis- Too often, medical costs are so great emergency departments climbed more counted rates for the services they pro- that employers have to stop offering than 20 percent. While more Americans vide. A legislative assistant in my of- health insurance coverage altogether, are seeking emergency medical care, fice recently received a letter from her therefore increasing the number of un- emergency departments are losing crit- OB/GYN, which I would like to submit insured in America. And who is paying ical staff and essential resources. for the CONGRESSIONAL RECORD. The for the uninsured to obtain health care In my home State of Nevada, our letter indicates that her physician’s services? We all are. And the cycle goes only Level I trauma care center closed medical liability insurance premium on and on. This cycle has to be stopped for 10 days in 2002, leaving every pa- for 2005 increased by over 50 percent to and we can do that by passing national tient within 10,000 square miles more than $250,000. Instead of closing medical liability reform right now. unserved by a trauma unit. In fact, Ms. the practice or choosing to stop deliv- Comprehensive medical liability re- Mary Rasor’s father died in Las Vegas ering babies, the physician has decided form is essential on a national level be- last year when he could not obtain ac- to no longer accept discounted insur- cause the existing medical crisis is not cess to emergency trauma care because ance reimbursements. confined within State lines and because of the closure. I ask unanimous consent that the every American should have access to Doctors are also limiting their scope letter be printed in the RECORD at the affordable high quality healthcare. of services. More than 35 percent of conclusion of my remarks. Likewise, every responsible member of neurosurgeons have altered their emer- The PRESIDING OFFICER. Without the healthcare community should not gency or trauma call coverage because objection, it is so ordered. (See exhibit be afraid to provide high quality care of the medical liability crisis. As a re- 1.) because of the fear of litigation. sult, many hospitals, including Level II Mr. ENSIGN. We cannot afford to In order to achieve these critical re- trauma centers, no longer have bury our heads in the sand and avoid forms, I am reintroducing the HEALTH neurosurgical coverage 24 hours a day, this issue. Medical liability insurance Act. This legislation includes several 7 days a week. Consequently, patients premiums are affecting real people in reform provisions, including a $250,000 with head injuries or in need of need of timely and efficient healthcare cap on noneconomic damages, joint li- neurosurgical services must be trans- services. ability and collateral source improve- ferred to other facilities, delaying On the issue of availability, thou- ments, and limits on attorney fees ac- much-needed care. sands of doctors nationwide have been cording to a sliding award scale. An example of this problem was re- left with no liability insurance as In addition, my legislation includes cently brought to my attention by Dr. major insurers are either leaving the an expert witness provision to ensure Tony Alamo of Henderson, Nevada. market or raising rates to astronom- that relevant medical experts serve as During his tenure as chief of staff at ical levels. Why are insurers raising trial witnesses instead of so-called Sunrise Hospital, Dr. Alamo was pre- rates and leaving the market? Because ‘‘professional witnesses’’ who are used sented with a teenager suffering from a there is no stability in the marketplace to further abuse the system. Myasthenia Gravis crisis in need of im- for providing medical liability insur- This legislation is modeled after mediate medical treatment. This con- ance. Why is there no stability in the California’s successful Medical Injury dition involves shortness of breath due marketplace? Because our healthcare Compensation Reform Act, also known to muscle weakness. Such shortness of system is being overrun by frivolous as MICRA. MICRA has brought about breath can become severe enough to re- lawsuits and outrageous jury awards. real reform to California’s liability quire hospitalization for breathing sup- This excessive litigation is leading to system. The number of dubious and port, as well as treatment for the un- higher healthcare costs for every frivolous lawsuits going to trial has de- derlying infection. If the problem is American and provides little piece of clined dramatically. not identified and treated correctly, it mind for our healthcare providers. Injured patients receive a larger could lead to death. Even medical students are affected by share of their awards and disciplinary Dr. Alamo told me that because of the current crisis. According to a re- actions against incompetent the medical liability situation, there cent American Medical Association healthcare providers have increased. was no emergency room neurologist on survey, the current medical liability The bottom line is that California’s call to assist this young woman. Many environment is a significant factor for medical liability system works. These neurologists are afraid to become in- students selecting a specialty. types of outcomes should be shared by volved in difficult cases like this be- And, because the litigation system every state, and ultimately every pa- cause of the high risks of medical li- does not accurately judge whether an tient in America. ability. Consequently, Dr. Alamo had error was committed in the course of It is important to recognize that nei- the young woman transported to Cali- medical care, physicians are adjusting ther MICRA, nor my legislation limits fornia by helicopter to receive the care their behavior to avoid being sued. the amount of economic damages that she needed. Because of the reasonable Many physicians are using defensive an injured patient can recover. Like laws in California, neurologists aren’t medicine practices to avoid lawsuits. every other profession, mistakes are afraid to take call. They are providing patients with tests sometimes made by healthcare pro- The bottom line is that patients can- and treatments that they would not viders. Patients who suffer from these not get the healthcare they need when otherwise perform to protect them- mistakes should have access to unlim- they need it most. By definition, this is selves against the risk of possible liti- ited economic compensation and a medical crisis. The crisis boils down gation. should be able to recover losses, such to two factors: affordability and avail- Every unnecessary test and addi- as loss of past and future earnings. ability of medical liability insurance tional treatment poses a risk to the pa- Injured patients should also have ac- for providers. tient, and takes away funds that could cess to punitive damages where pro- With regard to affordability, the be used to provide healthcare to those viders are found to be grossly neg- Medical Liability Monitor found that who need it most. A 2002 study by the ligent. But, there is no way to quantify

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 17, 2005 CONGRESSIONAL RECORD — SENATE S1605 a patient’s ‘‘pain and suffering,’’ and cient, and professional manner. We look for- There being no objection, the mate- most often, no dollar amount is ever ward to our continued relationship. If there rial was ordered to be printed in the enough. Therefore, placing a reason- is any way we can help you with this transi- RECORD, as follows: tion, please let us know. able limit on these non-economic dam- Sincerely, THE PROMISE AND PERIL OF DEMOCARCY ages helps bring accountability back to NANCY SANDERS, MD. (By Jimmy Carter) our civil justice system by weeding out JANET SCHAFFEL, MD. I am honored to address the permanent frivolous lawsuits. This would allow f council of the Organization of American physicians to concentrate fully on pro- States. Thank you, Mr. Secretary General, viding superior health care services, PROMISE AND PERILS OF Mr. President, and Ambassador Borrea for and help curb the skyrocketing costs of DEMOCRACY the kind invitation to inaugurate this lec- Mr. DODD. Mr. President, I rise ture series of the Americas. healthcare for patients. I have long been interested in this organi- Every step Congress can take to help today to say a few words about a very zation. Thirty years ago, as Governor of increase patient safety and maintain important speech that was presented, Georgia, I invited the OAS General Assembly access to quality health care services on January 25, to the Organization of to meet in Atlanta—the first meeting in the should be taken, and we are on track to American States, OAS, by former U.S. outside of Washington. Later, as Presi- do that this year. President Jimmy Carter. dent, I attended and addressed every General Medical liability reform is not a Re- Broadly speaking, former President Assembly in Washington. publican or Democrat issue or even a Carter’s speech was about the promise Back then, I realized that most of this doctor verses lawyer issue. It is a pa- and perils of democracy in our hemi- hemisphere was ruled by military regimes or personal dictatorships. Senate hearings had tient issue. With the medical crisis oc- sphere. In my view, no topic could be just confirmed U.S. involvement in desta- curring in Florida, Illinois, Pennsyl- more relevant. bilizing the government of Salvador Allende vania, Nevada, and many more states Our hemisphere has come a long way in Chile, and a dirty war was being con- around the Nation, our opportunity to over the past 30 years—in no small part ducted in Argentina. I decided to stop em- enact true reform is here. Comprehen- due to the efforts of Jimmy Carter. bracing dictators and to make the protection sive medical liability reform is the From the beginning, he realized the of human rights a cornerstone of U.S. foreign right prescription and the time for ac- importance of the OAS in our hemi- policy, not only in this hemisphere, but with tion is now. sphere, and he demonstrated this un- all nations. When we signed the Panama Canal Trea- Let’s make sure that expectant derstanding by addressing every OAS ties in this same August hall in 1977, many mothers have access to ob-gyns and General Assembly meeting held in nonelected or military leaders were on the that trauma care victims have access Washington during his presidency. dais. Key Caribbean States were absent, not to necessary services in their most He spearheaded the promotion of yet part of the inter-american system. Then critical hour of need. And, let’s make human rights, and his tireless work in 1979, Ecuador started a pattern of return- sure we continue to provide patients in contributed to the establishment of the ing governments to civilian rule. The Inter- America with the opportunity to re- Inter-American Convention on Human American Convention on Human Rights soon ceive affordable, accessible, and high Rights. That important document has came into force, and our hemisphere devel- oped one of the strongest human rights quality healthcare for years to come. encouraged greater civilian participa- standards in the world. EXHIBIT 1 tion and helped facilitate the transi- These commitments have brought tremen- WOMEN OB/GYN PHYSICIANS, tion in many countries from rule by dous progress to Latin America and the Car- Washington, DC, December 1, 2004. military dictator to that of democrat- ibbean. Citizens have become involved in TO OUR PATIENTS: We have all been reading ically elected government. every aspect of governance: More women are and talking about the crisis in our health Simply put, Jimmy Carter’s efforts running for political office and being ap- care system. As your doctors, our most im- sent a clear message throughout the pointed to high positions; indigenous groups portant commitment and mission is to pro- hemisphere that the U.S. not only val- are forming social movements and political vide you with the highest quality medical parties; civic organizations are demanding care. We are writing to tell you how the cur- ued democracy but was committed to transparency and accountability from their rent situation is affecting our ability to ensuring that people of all backgrounds governments; freedom of expression is flour- practice medicine at the level you deserve had a stake in emerging democracies in ishing in an independent and vibrant press; and expect. their countries. Indeed, the InterAmer- ombudsmen and human rights defenders are Doctors in our area are being squeezed be- ican Democratic Charter, which en- active; and many countries are approving tween decreased reimbursement from insur- joyed broad support, was signed on the and implementing legislation to guarantee ance carriers and steeply rising malpractice fateful day of September 11, 2001, and that citizens have access to information. premiums. We were just notified that our stands in stark contrast to the illiberal The English-speaking Caribbean has sus- malpractice premium for next year was in- tained vibrant democracies. a democratic creased by over 50 percent to more than forces at work in areas around the Chile is removing military prerogatives from $275,000. world. the Pinochet-era constitution and the mili- Faced with this increase we had to con- The message of that document—that tary has acknowledged its institutional re- sider some difficult choices. We could close OAS member nations would stand to- sponsibility for the torture and disappear- our practice. We could stop delivering ba- gether to protect democracy—and the ances of the 1970s. Central America has bies—something we both love and at which wide support it enjoyed prove how ended its civil wars and democracy has sur- we excel. We could markedly increase the much progress can be made when the vived. The Guatemalan government offered number of patients we see each day and re- U.S. invests time and effort in our public apology for the murder of Myrna duce the time we spend with each patient. Mack, and a Salvadoran responsible for the This would mean insufficient time for dis- hemisphere. assassination of Archbishop Romero was cussion, education and thoughtful consider- Together, we’ve made tremendous tried and convicted last year, although in ation of your individual needs. We rejected progress over these past 30 years. How- absentia. all of these options. Instead we chose to stop ever, our work in the hemisphere is far Venezuelans have avoided civil violence accepting extremely discounted rates for the from over. We must continue to end while enduring a deep political rift in the services that we provide. impunity, protect emerging democratic last three years. Mexico developed an elec- Effective March 1, 2005 we will no longer institutions, and strengthen the Inter- toral institution that has become the envy of participate with CareFirst BlueCross American Democratic Charter. the world. Argentine democracy weathered BlueShield. Therefore, we will not accept the deepest financial crisis since the 1920s de- any discounted insurance reimbursements. Former President Carter continues pression and its economy is on the rebound. Of course, We hope to continue to see our to work toward these noble ends, and Four years ago, Canada and Peru took the Blue Cross Blue Shield patients, but pay- others, for the good of the U.S. and for lead in developing a new, more explicit com- ment is expected at the time of service. We the good of people from Canada to Ar- mitment to democracy for the hemisphere. will then prepare a claim form that you can gentina and across the world. I con- On the tragic day of September 11, 2001, the submit to your insurance carrier to stream- gratulate him on his efforts, on the Inter-American Democratic Charter was line your reimbursement. As a courtesy, we magnificent work of the Carter Center, signed. will continue to submit claims for deliveries I am proud to have witnessed these dem- and surgeries to the insurance carriers on and on the vision he layed out in his onstrations of the courage, persistence and your behalf. January 25 statement before the OAS. I creativity of the people of this hemisphere. We are committed to provide state-of-the- ask unanimous consent that his state- But I am also worried. I am concerned that art women’s health services in a caring, effi- ment be printed in the RECORD. the lofty ideas espoused in the Democratic

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1606 CONGRESSIONAL RECORD — SENATE February 17, 2005 Charter are not all being honored. I am con- of minorities, including those who do not tionality; by involving local citizens and cerned that poverty and inequality continue vote for the majority party. It is protecting governments in developing consensus for unabated. And I am concerned that we in the vulnerable—such as those afflicted with poverty-reduction strategies; and by helping this room, representing governments and, in HIV/AIDS, street children, those with men- the hemisphere carry out the mandates some cases, privileged societies, are not dem- tal illnesses, women abused with domestic adopted by Presidents at the periodic Sum- onstrating the political will to shore up our violence, migrants, and indigenous peoples. mits of the Americas. fragile democracies, protect and defend our Governments of this hemisphere have car- Finally, I call on all governments of the human rights system, and tackle the prob- ried out enormous economic reform efforts hemisphere to make the democratic charter lems of desperation and destitution. in the last two decades, but these efforts more than empty pieces of paper, to make it Since our years in the White House, my have not yet brought the needed reduction in a living document. The charter commits us wife Rosalynn and I have striven to promote poverty and inequality. Too many govern- to help one another when our democratic in- peace, freedom, health, and human rights, ments still rely on regressive sales taxes be- stitutions are threatened. The charter can be especially in this hemisphere and in Africa. cause the privileged classes can manipulate a punitive instrument, providing for sanc- Our dedicated staff at the Carter Center have governments and avoid paying taxes on their tions when a serious challenge to the demo- worked in 54 elections to ensure they are incomes or wealth. cratic order occurs, but it is also an instru- honest and competitive. Civil strife has be- Military spending has been significantly ment for providing technical assistance and come rare, and every country but Cuba has reduced, but additional reductions are advis- moral encouragement to prevent democratic had at least one truly competitive national able now that the region is democratic and erosion early in the game. election. most border issues have been resolved. Let us strengthen the charter and not be Yet, tiny Guyana, where we have been in- Health and education are more important afraid to use it. Right now the charter is volved for more than a decade, remains than expensive weapons systems. weak because it is vague in defining condi- wracked with racial tension and political Access to land, small loans, and easier per- tions that would constitute a violation of stalemate. Haiti, where we monitored the mits for small businesses can harness the po- the charter—the ‘‘unconstitutional alter- first free election in its history and where tential dynamism of each nation’s economy. ation or interruption’’ of the democratic the world contributed many tens of millions Brazil has initiated a zero hunger program to order noted in article 19. The charter also re- of dollars in aid, has been unable to escape address poverty, and Venezuela is using oil quires the consent of the affected govern- the tragedy of violence and extreme poverty. wealth to bring adult education, literacy, ment even to evaluate a threat to democ- In Nicaragua, I was privileged to witness the health and dental services directly to the racy. If the government itself is threatening statesmanship of Daniel Ortega transferring poor. These and other creative social pro- the minimum conditions of democracy, the power to Violeta Chamorro; yet today that grams should be studied to see which might hemisphere is not prepared to act, since country continues enmeshed in political be appropriate in other areas. there would certainly not be an invitation. deadlock and poverty that is second only to When political leaders do make the right Two simple actions would help to remedy Haiti. choices to address the needs of all citizens, this problem and allow the governments of Across the hemisphere, UNDP and Latin those citizens have a responsibility as well— this hemisphere to act when needed. First, a barometer polls reveal that many citizens to comply with the established rules of the clear definition of ‘‘unconstitutional alter- are dissatisfied with the performance of political process. Political honeymoons are ation or interruption’’ would help guide us. their elected governments. They still believe short, and sometimes a frustrated people are These conditions should include: in the promise and the principles of democ- tempted to unseat an unsatisfactory govern- 1. Violation of the integrity of central in- racy, but they do not believe their govern- ment, by violence or unconstitutional stitutions, including constitutional checks ments have delivered the promised improve- means. Elected leaders deserve a chance to and balances providing for the separation of ments in living standards, freedom from cor- make the tough decisions, or to be removed powers. ruption, and equal access to justice. We run at ballot boxes. 2. Holding of elections that do not meet the very real risk that dissatisfaction with News media play an especially important minimal international standards. the performance of elected governments will role in a free society. Press freedom is vi- 3. Failure to hold periodic elections or to transform into disillusionment with democ- brant in the hemisphere, and must be kept respect electoral outcomes. racy itself. that way. ‘‘Insult’’ (desacato) laws and har- 4. Systematic violation of basic freedoms, How can we protect the advances made and assment of journalists should be eliminated. including freedom of expression, freedom of avoid the dangerous conclusion that democ- The media also have a responsibility to in- association, or respect for minority rights. racy may not be worthwhile after all? vestigate carefully and to corroborate their 5. Unconstitutional termination of the ten- The greatest challenge of our time is the stories before publication. ure in office of any legally elected official. growing gap between the rich and poor, both Those of us in the richer nations have addi- 6. Arbitrary or illegal, removal or inter- within countries and between the rich north tional obligations. We must recognize that ference in the appointment or deliberations and the poor south. About 45 percent (225 we live in an ever-closer hemisphere, with of members of the judiciary or electoral bod- million) people of Latin America and the mutual responsibilities. Trade and tourism ies. Caribbean live under the poverty line. The of the U.S. and Canada are increasingly con- 7. Interference by non-elected officials, mathematical coefficient that measures in- nected with all of Latin America and the such as military officers, in the jurisdiction come inequality reveals that Latin America Caribbean, as the sub-regions of the hemi- of elected officials. has the most unequal income distribution in sphere are forging closer economic ties. 8. Systematic use of public office to si- the world, and the income gap has continued We are also connected by the scourge of lence, harass, or disrupt the normal and to increase in the past fifteen years. crime, which is a two-way street. Drug de- legal activities of members of the political When people live in grinding poverty, see mand in the U.S. fuels drug production opposition, the press, or civil society. no hope for improvement for their children, among our neighbors, undermining the abil- We also need a set of graduated, automatic and are not receiving the rights and benefits ity of democratic institutions to enforce the responses to help us overcome the inertia of citizenship, they will eventually make rule of law, and the easy availability of and paralysis of political will that result their grievances known, and it may be in small arms from the U.S. has made crime a from uncertain standards and the need to radical and destructive ways. Governments serious problem for governments in the Car- reach a consensus de novo on each alleged and the privileged in each country must ibbean and Central America. violation. When a democratic threat is iden- make the decision and demonstrate the will Globally, Americans give just 15 cents per tified, the alleged offenders would be re- to include all citizens in the benefits of soci- $100 of national income in official develop- quested to explain their actions before the ety. ment assistance. As a share of our economy, permanent council. A full evaluation would Democratic elections have improved, but we rank dead last among industrialized follow, and possible responses could be cho- we have also witnessed a dangerous pattern countries. The recently announced millen- sen from a prescribed menu of appropriate of ruling parties naming election authorities nium challenge account is designed to pro- options, involving not only the OAS, but in- that are partisan and biased, governments vide additional help for governments pur- centives and disincentives from multilateral misusing state resources for campaigns, and suing transparency and accountability, but institutions and the private sector. election results that are not trusted by the in this hemisphere only Bolivia, Honduras There is also a role for nongovernmental populace. I include my own country in say- and Nicaragua are being considered for this leaders. We at the Carter Center have con- ing that we all need to create fair election aid. vened a group of former hemispheric leaders procedures, to regulate campaign finance, The United States has another role to play to aid in raising the visibility of the charter, and to ensure that every eligible citizen is as well: of setting an example of protecting to engage the OAS, and to help it provide ap- properly registered and has the opportunity civil liberties and improving democratic propriate responses when democracy is chal- to cast votes that will be counted honestly. practices at home, and by its unwavering lenged. But democracy is much more than elec- support of democracy and human rights Let me close by congratulating the OAS, tions. It is accountable governments; it is abroad. which has come a long way from my first as- the end of impunity for the powerful. It is The international lending agencies also sociation with it 30 years ago. As a promoter giving judiciaries independence from polit- have important roles to play: by being more of freedom, democracy, and human rights, ical pressures so they can dispense justice flexible and responsive to political pressures the OAS is one of the foremost regional orga- with impartiality. It is protecting the rights and social constraints when deciding condi- nizations in the world. This hemisphere

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 17, 2005 CONGRESSIONAL RECORD — SENATE S1607 adopted the world’s first anti-corruption loved wife Melanie has become an out- try, and they have earned the Congres- convention and has developed a multilateral spoken advocate for raising awareness sional Medal of Honor. It is time that evaluation mechanism on drugs. The OAS about DVT. they receive this honor. has worked on de-mining, peacemaking, and I look forward to working with Sen- providing scholarships to students. It exem- f ator SPECTER, Melanie Bloom, the Coa- plifies the notion that our best hope for the THE ROLE OF CONGRESS IN SUP- world is for sovereign states to work to- lition to Prevent Deep-Vein Throm- bosis, and others to help make more PORTING AMERICAN COMPANIES gether. AND WORKERS The OAS is going through a difficult tran- Americans aware of this disease. sition at the moment, but it will emerge f Mr. FEINGOLD. Mr. President, I even stronger. A new Secretary-General will have come to this floor repeatedly to be chosen this year, and important discus- HONORING THE TUSKEGEE talk about the ongoing crisis in our do- sions will be forthcoming at the general as- AIRMEN mestic manufacturing sector and about sembly in Florida and the fourth Summit of Mr. ROCKEFELLER. Mr. President, I ways in which Congress should act to the Americas in Argentina. We need each other. Let us work together am proud to cosponsor legislation to stem the loss of manufacturing jobs to make our hemisphere the beacon of hope, authorize the awarding of the Congres- and the shuttering of domestic manu- human dignity, and cooperation for the 21st sional Gold Medal to the Tuskegee Air- facturing companies. century. men. The Tuskegee Airmen overcame My State of Wisconsin has lost near- f enormous obstacles, including blatant ly 80,000 good-paying manufacturing discrimination and racism, to become jobs since 2000. The country has lost DVT AWARENESS RESOLUTION the first black airmen. Their success more than 21⁄2 million manufacturing Mr. DORGAN. Mr. President, I am paved the way for reform and, ulti- jobs since January 2001, including more pleased to have joined with my col- mately, integration of the United than 25,000 jobs last month alone. And league Senator ARLEN SPECTER in sub- States’ Armed Services. this hemorrhaging of jobs shows no mitting a resolution yesterday, S. Res. These men stepped forward to defend signs of stopping. 56, that would designate March as our Nation against the horrors of Nazi Much of this job loss can be blamed ‘‘Deep-Vein Thrombosis Awareness Germany, while continuing to battle on the dismal trade policies of recent Month.’’ racist treatment by their own country- years, which have contributed to many Many Americans are probably unfa- men. They fought through this unjust American companies—some of them miliar with deep-vein thrombosis, treatment because their sense of duty household names—moving their oper- DVT, but it is a serious medical condi- to their country was greater than the ations overseas or shutting their doors tion that occurs in approximately 2 obstacles in their path. The recogni- entirely. These policies have a ripple million Americans each year. Given tion of their persistence, courage and effect in the communities that have that it is both a common and prevent- allegiance is long overdue. lost manufacturing plants. The closure able condition, it is important that Of the 1,000 Tuskegee Airmen, 450 of the local plant is felt not only by more of us know about this disease so served in combat, 66 died in combat, those who worked there and their fami- we can take steps to stop it. and another 33 were shot down and cap- lies, but by the community as a whole. Americans might be more commonly tured as prisoners of war. The pilots Mr. President, Florence, WI is a town familiar with deep-vein thrombosis as were credited with destroying 261 air- in the far northeastern corner of my the condition that can result from sit- craft, damaging 148 aircraft, and flying home State, just a few miles from the ting in a small space, such as an airline 15,553 combat sorties and 1,578 missions border with the Upper Peninsula of seat, for a long period of time. In fact, over Italy and North Africa. They de- Michigan. A few weeks ago, that small this condition is sometimes called stroyed or damaged over 950 units of community got a sharp introduction to ‘‘economy-class syndrome,’’ and many ground transportation and escorted the realities of our country’s trade airlines now encourage their pas- more than 200 bombing missions. policies. Pride Manufacturing, the sengers to get up and move around or As a result of their heroic actions, world’s largest maker of golf tees, an- otherwise exercise their extremities members of the Tuskegee Airmen have nounced that it would be closing down during cross-country or international been awarded three Presidential Unit its plant in Florence and moving that flights in order to prevent it. Citations and 150 Distinguished Flying operation and the hundred or so jobs DVT occurs when a blood clot forms Crosses and Legions of Merit, in addi- that go with it to China. in one of the large veins, usually in the tion to The Red Star of Yugoslavia, 9 That announcement probably was legs, leading to either partially or com- Purple Hearts, 14 Bronze Stars and not noticed by many people outside of pletely blocked circulation. Too often, more than 700 air medals and clusters. my home State—one company in one this blood clot breaks loose from the I am proud to say that 16 of these air- small community in Wisconsin leaving wall of the vein and moves to the men were from the State of West Vir- for China does not raise many eye- lungs, where it is called a pulmonary ginia. Several attended West Virginia brows in Washington or on Wall Street. embolism and can cause sudden death. State University, a university which But it is a serious matter for the fami- Deep-vein thrombosis can happen to has graduated more military generals lies whose livelihood is directly af- virtually anyone at any time. In fact, than any other non-military college in fected by the move. And it will cer- one of our Nation’s finest journalists, the Nation. The 16 West Virginians are tainly have an impact on the commu- NBC News correspondent David Bloom, listed below. nity in which they live. Some families died from a pulmonary embolism Alston, William R. may try to stay, but some may be caused by DVT in April, 2003, while Carter, John forced to look elsewhere for jobs. The covering the war in Iraq at the early Eagleson, Wilson V. local school district is already trying age of 39. But while David Bloom is one Gamble, Howard C. to cope with declining enrollment and of the more well-known victims of Gray, George E. the challenges of being a largely rural DVT, he is not alone. Up to 200,000 die Hill, William L. district. The prospect of losing addi- each year from pulmonary embolisms Johnson, Langdon E. tional families will only make matters caused by DVT. Jones, Hubert L. worse. Local businesses that relied on The resolution that Senator SPECTER Killard, James M., Jr. the patronage of those families will be and I submitted yesterday in honor of Kydd, George H., III hit. Car dealers, grocery stores, hard- the memory of David Bloom is an im- Prewitt, Mexion O. ware stores, clothing stores—everyone portant first step towards educating Roberts, George S., in that community will potentially be Americans about this potentially dead- Robinson, Robert L., Jr. affected by the loss of Pride Manufac- ly condition. The resolution is sup- Thompson, Floyd A. turing. ported by the Coalition to Prevent Watkins, Edward Wilson There are too many stories like this Deep-Vein Thrombosis, which is made Whitehead, John L., Jr. taking place around my State and up of more than 30 health and medical The Tuskegee Airmen have proven around our country. There are too groups. In addition, David Bloom’s be- their valor and dedication to our coun- many boarded-up factories and too

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1608 CONGRESSIONAL RECORD — SENATE February 17, 2005 many parents struggling to make ends military may need to acquire on short know that there are towns like Flor- meet and to provide for their children notice. ence, WI, all over the country, and I after the plant closes and the jobs go to My bill would also, for the first time, hope that we will finally act this Con- other countries. Congress can and make the Buy American requirement gress to support the jobs that are the should do more to support these hard- applicable to Congress. I believe that bedrock of those communities. working Americans and their employ- Congress should lead by example and f ers. These are the people who are bear- comply with the Buy American Act. ANTITRUST INVESTIGATIVE ing the brunt of the bad trade agree- And, in an effort to bring transparency IMPROVEMENTS ACT OF 2005 ments and other policies that have en- and accountability to the process, it couraged companies to close or to would require agencies to report on Mr. KOHL. Mr. President, I rise leave the United States. their purchases of foreign-made goods. today in support of the Antitrust In- In response to this crisis, this week I It is bad enough that our trade poli- vestigative Improvements Act of 2005, a am introducing a series of bills in- cies have encouraged companies to bill I am cosponsoring with Senators tended to support American companies shut down or relocate overseas. Many DEWINE AND LEAHY. This bill will give and American workers. These measures of the same flawed trade agreements the antitrust criminal enforcers at the alone will not solve this problem, but I that have sent American jobs overseas Department of Justice a vital tool to believe that they represent a first step have also weakened the Buy American investigate, detect, and prevent anti- in helping to save a core sector of our Act. trust conspiracies. It will allow the economy. Last year, the ranking member of the Justice Department, upon a showing of My first proposal would set some Homeland Security and Governmental probable cause to a Federal judge, au- minimum standards for future trade Affairs Committee, Mr. LIEBERMAN and thority to obtain a wiretap order for a agreements into which our country en- I asked the GAO to study the effect of limited time period to monitor commu- ters. It is a break with the so-called trade agreements on domestic source nications between those suspected of NAFTA model and instead advocates requirements such as those contained engaging in illegal antitrust conspir- the kinds of sound trade policies that in the Buy American Act. That study, acies. will spur economic growth and sustain- which was released this week, found The current Federal criminal code able development. The major trade that the Government is required to lists over 150 predicate offenses for agreements into which our country has give favorable treatment to certain which the Justice Department may ob- entered in recent years have resulted goods from a total of 45 countries as a tain a wiretap during the course of a in a race to the bottom in labor stand- result of 7 trade agreements and 21 re- criminal investigation. These offenses ards, environmental standards, health ciprocal defense procurement agree- include such basic white collar crimes and safety standards, in nearly every ments. such as mail fraud, wire fraud, and aspect of our economy. A race to the In other words, at the same time that bank fraud. However, under current bottom is a race in which even the win- Congress has been paying lip service to law, if the Government is investigating ners lose. We should ensure that future the Buy American Act, it has been a criminal antitrust conspiracy such as trade agreements do not continue down carving out exceptions to that Act in a scheme to fix prices to consumers, this perilous road. our trade and defense procurement the Government cannot obtain a wire- The principles set forth in this reso- agreements. It is time for Congress to tap of the suspected conspirators. This lution are straightforward and achiev- step up and support efforts to strength- inability to obtain wiretaps unques- able. These principles include: calling en, not undermine, the Buy American tionably severely handicaps the detec- for enforceable worker protections, Act. tion and prevention of such conspir- preserving the ability of the United In addition, Congress must make acies. Only with the consent of a mem- States to enact and enforce its own every effort to help workers who have ber of the conspiracy who has already trade laws, ensuring that foreign inves- lost their jobs as a result of our trade agreed to cooperate with the Govern- tors are not provided with greater policies. Many of these workers require ment may the Government rights than those provided under U.S. retraining for new jobs that will enable surreptiously record the meetings of law, providing that food entering into them to support their families. the conspirators. our country meets domestic food safety My third bill, the Community-Based There is no logical basis to exclude standards, and preserving the ability of Health Care Retraining Act, would au- criminal antitrust violations from the Federal, State, and local governments thorize a demonstration project to pro- list of predicate offenses for a wiretap. to maintain essential public services vide grants to community-based coali- A criminal antitrust offense such as and to regulate private sector services tions, led by local workforce develop- price fixing is every bit as serious—and in the public interest. ment boards, to retrain unemployed causes every bit as much financial loss Mr. President, my second bill, the workers who wish to obtain new jobs in to its victims—as other white collar Buy American Improvement Act, fo- the health care professions. The funds crimes such as mail fraud or wire cuses on the Federal Government’s re- could be used for a variety of pur- fraud. A price-fixing conspiracy raises sponsibility to support domestic manu- poses—from increasing the capacity of prices to consumers, stealing hard- facturers and workers. The Buy Amer- our schools and training facilities, to earned dollars from citizens as surely ican Act of 1933 is supposed to ensure providing financial and social support as does as a salesman promoting a that the Federal Government supports for workers who are in retraining pro- bogus investment from a ‘‘boiler room’’ domestic companies and workers by grams. This bill allows for flexibility in or, indeed, a thief with a gun. More- buying American-made goods. This is the use of grant funds, because I be- over, by its secret nature as an agree- an important law, but it contains a lieve that communities know best ment among competitors, such a con- number of loopholes that make it too about the resources they need to run spiracy is likely harder to detect than easy for Government agencies to buy an efficient program. a fraudulent offering over the phone or foreign-made goods. By providing targeted assistance to through the mail. A properly issued The Buy American Improvement Act train laid-off workers who wish to ob- wiretap, therefore, is even more nec- would make it harder to waive the Buy tain new jobs in the fast-growing essary to detect criminal antitrust American Act. We should ensure that health care sector, we can both help conspiracies than other white collar of- the Federal Government makes every unemployed Americans and improve fenses. effort to give Federal contracts to the availability and quality of health Detecting, preventing, and punishing companies that will perform the work care in our communities. criminal antitrust offenses are one of domestically. We should also ensure I hope that my colleagues will sup- the principal missions of the Justice that certain types of industries do not port each of my proposals, and I look Department’s Antitrust Division. Such leave the United States completely, forward to working with Senators on offenses are punished severely with thus making the Federal Government both sides of the aisle to find addi- corporations facing fines of up to $100 dependent on foreign sources for goods, tional ways to support our domestic million and individuals subject to jail such as plane or ship parts, that our manufacturers and their employees. I terms of up to 10 years for each offense.

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 17, 2005 CONGRESSIONAL RECORD — SENATE S1609 Indeed, last year we passed legislation Super 25. The Lady Knights are cur- The Pre-Service Teacher Program’s raising criminal penalties to these new rently undefeated within their region continued growth led to the addition of levels. Yet despite the damage these and will go on to next month to com- a Pre-Service Teacher Institute in 1998. conspiracies do to the economy and in- pete within the State for the State This 2-week long immersion program dividual consumers, our law enforce- championship title. Their recent per- allows more pre-service teachers the ment agencies lack the one vital tool formance has given Kentucky reason to opportunity to interface with NASA essential to uncover these secret con- be proud. personnel, tour Langley’s facilities, spiracies—the ability to obtain a wire- Led by coach Greg Todd, the Ladies and learn ways to incorporate NASA’s tap to monitor communications be- Knights are currently ranked No. 1 cutting-edge research into lesson plans tween the suspected conspirators upon within their region with a record of 22 for elementary and middle school stu- a showing of probable cause. This legis- to 1. In doing so they have beaten the dents. As the success of this program lation will remedy this defect by grant- four highest-ranked regional teams in has grown, the Pre-Service Teacher ing to our law enforcement officials the Louisville Courier-Journal news- Program expanded in 2000 to seven this necessary means to protect con- paper’s Litkenhous Ratings by a com- sites beyond Hampton, VA, and, with sumers and end illegal antitrust con- bined 70 points. time, I am sure it will continue to spiracies. I cannot think of a much better grow. I urge my colleagues to join with me group of young people to represent I congratulate the Pre-Service in supporting this legislation. Kentucky. As a former Major League Teacher Program’s tremendous growth Baseball player, I appreciate their ath- f and impact on Virginia classrooms and letic excellence. As a U.S. Senator schools across the Nation. They are to ADDITIONAL STATEMENTS from Kentucky, I appreciate the dig- be commended for their hard work and nity with which they played. attention to our Nation’s future: our I am proud to read the names of children. I wish them continued suc- RETIREMENT OF ARNOLD these teammates into the CONGRES- cess, keep fighting and keep suc- SCHOFIELD SIONAL RECORD today. They are Adaeze ceeding.∑ ∑ Mr. BROWNBACK. Mr. President, I Azubuike, Anaris Sickles, Briana acknowledge the retirement of Arnold Green, Keyla Snowden, Katie Scordo, f Schofield who is completing 25 years of Rebecca Rhule, Lauren Ramsey, Nikki CONGRATULATING HENRY service as site historian at Fort Scott Davis, Ktie Frueh, Chelsey Johnson, HERZING National Historic Site, Fort Scott, KS. Kellie Cash, Natalie Novosel, Ashley Mr. COLEMAN. Mr. President, I rise Completing a 43-year career in Fed- Devers, Lesley Server, Elizabeth Elam, to extend my congratulations to Henry eral service, he remains passionate Shannon Novosel, and Katie Kissner. Herzing, founder and President of about American cultural and military The citizens of Kentucky should be Herzing Colleges, for providing 40 years history. Arnold is highly respected for proud of these young ladies. Their ex- of progressive, career-focused edu- his extraordinary knowledge and his ample of dedication and hard work cation that has prepared a diverse stu- ability to bring history to life. Those should be an inspiration to the entire dent population to meet the needs of fortunate to have heard his presen- State. I wish them continued success ∑ employers in technology, business, tations throughout Kansas and the both on and off the basketball court. health care, design and public safety. Midwest were left with a greater appre- f Since the first campus opened in Mil- ciation of the area’s rich past and a de- 10TH ANNIVERSARY OF THE NASA/ waukee, WI in 1965 as a computer pro- sire to learn even more. For decades, NORFOLK STATE UNIVERSITY gramming school, Herzing College has Arnold was a familiar figure in Fort PRE-SERVICE CONFERENCE grown to include six campuses in the Scott’s countless tourism efforts and ∑ Mr. ALLEN. Mr. President, I would U.S. along with other affiliated col- became one of the region’s most rec- like to recognize the outstanding leges, five of which are in Canada. ognizable and appreciated figures. growth and service of the NASA Lang- During these 40 years of expanding While the loss at Fort Scott National ley Pre-Service Teacher Program. This its campuses and diversifying its edu- Historic Site will be significant, Ar- year’s national conference, which is cational programs, Herzing College has nold will continue his public service being held this week from February 17 also raised its level of credentials from near Pleasanton, KS, as site adminis- through 19, 2005, will mark the 10 year diploma to associate of science, to trator at Mine Creek Battlefield State anniversary of this highly successful most recently, Bachelor of Science de- Historic Site. He looks forward to the educational program. grees. In recent years, Herzing College challenge of preserving, protecting and The Pre-Service Teacher Program is has also brought its high-quality pro- interpreting the site of the largest a project run through the cooperation grams to the online environment to Civil War battle in Kansas and one of of NASA’s Langley Office of Education allow students in other locations to up- the largest cavalry engagements of the and Norfolk State University’s School grade their career potential. Civil War. of Science & Technology. Its mission is I congratulate Henry Herzing and all He will take with him rich memories to provide Pre-Service teachers and his faculty and staff for 40 years of of his earlier service at Harpers Ferry faculty members opportunities to en- ‘‘student-centered’’ education and urge National Historic Park and the Blue hance their knowledge and skill in him to continue to play an important Ridge Parkway in Virginia and North teaching mathematics and science role in the higher education commu- Carolina. using technology at the elementary nity in the United States. I welcome this opportunity to thank and middle school levels. and congratulate Mr. Schofield on his Since its humble beginnings as a f retirement from over four decades of small regional conference held in MESSAGES FROM THE PRESIDENT Federal service and extend to him our Hampton, VA, in 1995, the Pre-Service best wishes in his new position at Mine Teacher Program has grown into a A message from the President of the Creek Battlefield.∑ large national conference annually United States was communicated to the Senate by Mr. Williams, one of his f held in Alexandria, VA. The program began with only 25 member institu- secretaries. HONORING THE ACCOMPLISH- tions representing 10 States and now f MENTS OF LEXINGTON CATHOLIC boasts membership of over 104 institu- GIRLS’ BASKETBALL TEAM tions representing 31 States. It is im- EXECUTIVE MESSAGES REFERRED ∑ Mr. BUNNING. Mr. President, I pay portant to recognize that of the 104 As in executive session the Presiding tribute and congratulate Lexington member institutions, there are rep- Officer laid before the Senate messages Catholic Girl’s Basketball Team, the resentatives from Hispanic Serving In- from the President of the United Lady Knights, who were recently stitutions, Tribal Colleges and Univer- States submitting nominations which ranked No. 3 in ihigh.com’s national sities, and Historically Black Colleges were referred to the Committee on the ratings, and No. 5 in USA Today’s and Universities. Judiciary.

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1610 CONGRESSIONAL RECORD — SENATE February 17, 2005 (The nominations received today are The current tax code is a drag on the work to expand trade on a multilat- printed at the end of the Senate pro- economy. It discourages saving and in- eral, regional, and bilateral basis, and ceedings.) vestment, and it requires individuals to enforce our trade laws to help en- f and businesses to spend billions of dol- sure a level playing field. lars and millions of hours each year to I have a plan to prepare our young ECONOMIC REPORT OF THE PRESI- comply with the complicated system. I people for the jobs of the 21st century. DENT DATED FEBRUARY 2005 will lead a bipartisan effort to reform We have brought greater account- WITH THE ANNUAL REPORT OF our tax code to make it simpler, fairer, ability to our public schools and are THE COUNCIL OF ECONOMIC AD- and more pro-growth. working to improve our high schools. VISERS FOR 2005—PM 6 We are working to make health care We have made Pell grants available to The Presiding Officer laid before the more affordable and accessible for one million more students, and we will Senate the following message from the American families. The Medicare mod- work to make college more affordable President of the United States, to- ernization bill I signed gives seniors by increasing the size of Pell grants for gether with an accompanying report; more choices and helps them get the low-income students. We are reforming which was referred to the Joint Eco- benefits of modern medicine and pre- our workforce training programs to nomic Committee: scription drug coverage. We have cre- help Americans obtain the skills need- To the Congress of the United States: ated health savings accounts, which ed for the jobs that our economy is cre- The United States is enjoying a ro- give workers and families more control ating. bust economic expansion because of the over their health care decisions. We I have an ambitious agenda for the good policies we have put in place and will open or expand more community next four years. During my first term, the strong efforts of America’s workers health centers for those in need. To working with the Congress, I put poli- and entrepreneurs. Four years ago, our help control health costs and make cies in place to ensure a rapid recovery economy was sliding into recession. health care more accessible, we must and to support strong growth. In my The bursting of the high-tech bubble, let small businesses pool risks across second term, together we will cut the revelations of corporate scandals, and states so they can get the same dis- budget deficit in half, fix Social Secu- terrorist attacks hurt our economy, counts for health insurance that big rity, reform the tax code, reduce the leading to falling incomes and rising companies get. We will increase the use burden of junk lawsuits, ensure a reli- unemployment. of health information technology that able and affordable energy supply, con- We acted by passing tax relief so will make health care more efficient, tinue to promote free and fair trade, American families could keep more of cur down on mistakes, and control help make health care affordable and their own money. At the same time, we costs. accessible for American families, and gave businesses incentives to invest Our litigation system encourages expand the quality and availability of and create jobs. Last year, we gained junk lawsuits and harms our economy, educational opportunities. These poli- over 2 million new jobs, and the econo- and the system must be reformed. I cies will produce an economic environ- my’s production of goods and services support medical liability reform to ment that continues to unleash the rose by 4.4 percent. The unemployment control the cost of health care, keep creativity and energy of the American rate is now 5.2 percent, which is lower good medical professionals from being people. than the average of each of the past driven out of practice, and ensure that f three decades and the lowest since the patient care—not avoidance of law- attacks of September 11, 2001. Our pro- suits—is the central concern in all MESSAGES FROM THE HOUSE growth policies are taking us in the medical decisions. I support class ac- At 10:02 a.m., a message from the right direction. tion reform to eliminate the waste, in- House of Representatives, delivered by As I start my second term, we must efficiency, and unfairness of the class- Ms. Niland, one of its reading clerks, take action to keep our economy grow- action system. And I support reforms announced that the House has agreed ing. I will not be satisfied until every to the asbestos litigation system in to the following concurrent resolution, American who wants to work can find order to protect victims with asbestos- in which it requests the concurrence of a job. I have laid out a comprehensive related injuries and prevent frivolous the Senate: strategy to sustain growth, create jobs, lawsuits that harm our economy and H. Con. Res. 66. Concurrent resolution pro- and confront the challenges of a chang- cost jobs. viding for the adjournment or recess of the ing America. I will continue to push for energy two Houses. I am committed to restraining spend- legislation to help keep our economy ing by eliminating government pro- strong. We must modernize our elec- At 1:59 p.m., a message from the grams that do not work and by making tricity system to make it more reli- House of Representatives, delivered by government provide important services able. To make our energy supply more one of its clerks, announced that the more efficiently. I have pledged to cut secure, we must explore for more en- House has passed the following bill, the deficit in half by 2009, and we are ergy in environmentally friendly ways without amendment: on track to do so. in our own country, develop alter- S. 5. An act to amend the procedures that The greatest fiscal challenges we face native sources of energy, and encour- apply to consideration of interstate class ac- arise from the aging of our society. Be- age conservation. tions to assure fairer outcomes for class cause Americans are having fewer chil- I will work to further simplify and members and defendants, and for other pur- poses. dren and living longer, seniors are be- streamline federal regulations that coming a larger proportion of the popu- hinder growth and encumber our job f lation. This change has important im- creators. Our economy needs to allow ENROLLED BILL SIGNED plications for the Social Security sys- entrepreneurs to spend more time The message also announced that the tem, because the benefits paid to retir- doing business and less time with their Speaker of the House of Representa- ees come from taxes on today’s work- lawyers and accountants. tives has signed the following enrolled ers. In 1950, there were 16 workers pay- I believe that Americans benefit from bill: ing into Social Security for every per- open markets and free and fair trade, S. 5. An act to amend the procedures that son receiving benefits. Now there are and I am working to open up markets apply to consideration of interstate class ac- just over 3, and that number will fall to around the world and make sure that tions to assure fairer outcomes for class 2 by the time today’s young workers the playing field is level for our work- members and defendants, and for other pur- retire. We will not change Social Secu- ers, farmers, manufacturers, and other poses. rity for those now retired or nearing job creators. In the past four years, we The enrolled bill was signed subse- retirement. We need to permanently concluded free-trade agreements with quently by the President pro tempore fix the Social Security system for our Singapore, Chile, Australia, Morocco, (Mr. STEVENS). children and grandchildren. I will work Bahrain, Jordan, and six countries in with the Congress to fix Social Secu- Central America and the Caribbean. At 4:33 p.m., a message from the rity for generations to come. My Administration will continue to House of Representatives, delivered by

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 17, 2005 CONGRESSIONAL RECORD — SENATE S1611 Ms. Niland, one of its reading clerks, of Engineers for their contributions in con- (FRL No. 7694–4) received on February 14, announced that the House has agreed structing the Alaska-Canada highway during 2005; to the Committee on Agriculture, Nu- to the following concurrent resolution, World War II and recognizing the importance trition, and Forestry. in which it requests the concurrence of of these contributions to the subsequent in- EC–1014. A communication from the Prin- tegration of the military; to the Committee the Senate: cipal Deputy Associate Administrator, Office on Armed Services. of Policy, Economics, and Innovation, Envi- H. Con. Res. 67. Concurrent resolution hon- f ronmental Protection Agency, transmitting, oring the soldiers of the Army’s Black Corps pursuant to law, the report of a rule entitled of Engineers for their contributions in con- MEASURES PLACED ON THE ‘‘Octanamide, N,N-dimethyl and structing the Alaska-Canada highway during CALENDAR Decanamide, N,N-dimethyl; Exemptions World War II and recognizing the importance The following bills were read the sec- from the Requirements of a Tolerance’’ (FRL of these contributions to the subsequent in- No. 7698–3) received on February 14, 2005; to tegration of the military. ond time, and placed on the calendar: the Committee on Agriculture, Nutrition, The message also announced that S. 397. A bill to prohibit civil liability ac- tions from being brought or continued and Forestry. pursuant to 22 U.S.C. 3003 note, and the against manufacturers, distributors, dealers, EC–1015. A communication from the Prin- order of the House of January 4, 2005, or importers of firearms or ammunition for cipal Deputy Associate Administrator, Office the Speaker appoints the following damages, injunctive or other relief resulting of Policy, Economics, and Innovation, Envi- Members of the House of Representa- from the misuse of their products by others. ronmental Protection Agency, transmitting, tives to the commission on Security S. 403. A bill to amend title 18, United pursuant to law, the report of a rule entitled and Cooperation in Europe: Mr. SMITH States Code, to prohibit taking minors ‘‘Avermectin B1 and its delta-8,9-isomer; of New Jersey, Co-Chairman, Mr. WOLF across State lines in circumvention of laws Pesticide Tolerance’’ (FRL No. 7695–7) re- requiring the involvement of parents in abor- ceived on February 14, 2005; to the Com- of Virginia, Mr. PITTS of Pennsylvania, tion decisions. mittee on Agriculture, Nutrition, and For- Mr. ADERHOLT of Alabama, and Mr. f estry. PENCE of Indiana. MEASURES READ THE FIRST TIME EC–1016. A communication from the Prin- The message further announced that cipal Deputy Associate Administrator, Office pursuant to section 2 of the Civil The following bill was read the first of Policy, Economics, and Innovation, Envi- Rights Commission Amendments Act time: ronmental Protection Agency, transmitting, of 1994 (42 U.S.C. 1975 note), the order of H.R. 310. An act to increase the penalties pursuant to law, the report of a rule entitled the House of January 4, 2005, and upon for violations by television and radio broad- ‘‘Clothianidin; Pesticide Tolerance’’ (FRL the recommendation of the Minority casters of the prohibitions against trans- No. 7690–2) received on February 14, 2005; to Leader, the Speaker appoints the fol- mission of obscene, indecent, and profane the Committee on Agriculture, Nutrition, lowing individual on the part of the material, and for other purposes. and Forestry. House of Representatives to the Com- f EC–1017. A communication from the Prin- mission on Civil Rights to fill the re- cipal Deputy Associate Administrator, Office ENROLLED BILL PRESENTED of Policy, Economics, and Innovation, Envi- mainder of the term expiring on May 3, The Secretary of the Senate reported ronmental Protection Agency, transmitting, 2005: Mr. Michael Yaki of San Fran- that on today, February 17, 2005, she pursuant to law, the report of a rule entitled cisco, California. ‘‘Acibenzolar-S-methyl; Pesticide Tolerances The message also announced that had presented to the President of the United States the following enrolled for Emergency’’ (FRL No. 7697–8) received on pursuant to 22 U.S.C. 3003 note, and the February 14, 2005; to the Committee on Agri- order of the House of January 4, 2005, bill: culture, Nutrition, and Forestry. the Speaker appoints the following S. 5. An act to amend the procedures that EC–1018. A communication from the Prin- Members of the House of Representa- apply to consideration of interstate class ac- cipal Deputy Associate Administrator, Office tions to assure fairer outcomes for class of Policy, Economics, and Innovation, Envi- tives to the Commission on Security members and defendants, and for other pur- and Cooperation in Europe: Mr. CARDIN ronmental Protection Agency, transmitting, poses. pursuant to law, the report of a rule entitled of Maryland, Mrs. SLAUGHTER of New f ‘‘Glyphosate; Pesticide Tolerance’’ (FRL No. York, Mr. HASTINGS of Florida, and Mr. EXECUTIVE AND OTHER 7697–7) received on February 14, 2005; to the MCINTYRE of North Carolina. COMMUNICATIONS Committee on Agriculture, Nutrition, and f Forestry. MEASURES REFERRED The following communications were EC–1019. A communication from the Acting laid before the Senate, together with Chief, Publications and Regulations Bureau, The following bill was read the first accompanying papers, reports, and doc- and the second times by unanimous Internal Revenue Service, Department of the uments, and were referred as indicated: Treasury, transmitting, pursuant to law, the consent, and referred as indicated: EC–1010. A communication from the Assist- report of a rule entitled ‘‘Testimony or Pro- H.R. 418. An act to establish and rapidly ant General Counsel for Legislation and Reg- duction of Records in a Court or Other Pro- implement regulations for State driver’s li- ulatory Law, Office of Security, Department ceeding’’ (TD 9178) received February 14, 2005; cense and identification document security of Energy, transmitting, pursuant to law, to the Committee on Finance. standards, to prevent terrorists from abusing the report of a rule entitled ‘‘Procedural EC–1020. A communication from the Acting the asylum laws of the United States, to Rule for the Assessment of Civil Penalties Chief, Publications and Regulations Bureau, unify terrorism-related grounds for inadmis- for Classified Information Security Viola- Internal Revenue Service, Department of the sibility and removal, and to ensure expedi- tions’’ (RIN1992–AA28) received on February Treasury, transmitting, pursuant to law, the tious construction of the San Diego border 14, 2005; to the Committee on Energy and report of a rule entitled ‘‘Specified Liability fence; to the Committee on the Judiciary. Natural Resources. Losses’’ (Notice 2005–20) received February The following concurrent resolutions EC–1011. A communication from the Direc- 14, 2005; to the Committee on Finance. were read, and referred as indicated: tor, Office of Surface Mining, Department of EC–1021. A communication from the Acting H. Con. Res. 6. Concurrent resolution ex- the Interior, transmitting, pursuant to law, Chief, Publications and Regulations Bureau, pressing the sense of the Congress that the the report of a rule entitled ‘‘Montana Regu- Internal Revenue Service, Department of the Department of Defense should continue to latory Program’’ (MT–024–FOR) received on Treasury, transmitting, pursuant to law, the exercise its statutory authority to support February 11, 2005; to the Committee on En- report of a rule entitled ‘‘Purchase Price the activities of the Boy Scouts of America, ergy and Natural Resources. Safe Harbors for Section 143 and 25’’ (Rev. in particular the periodic national and world EC–1012. A communication from the Prin- Proc 2005–15) received February 14, 2005; to Boy Scout Jamborees; to the Committee on cipal Deputy Associate Administrator, Office the Committee on Finance. of Policy, Economics, and Innovation, Envi- Armed Services. EC–1022. A communication from the Acting H. Con. Res. 26. Concurrent resolution hon- ronmental Protection Agency, transmitting, Chief, Publications and Regulations Bureau, oring the Tuskegee Airmen for their bravery pursuant to law, the report of a rule entitled Internal Revenue Service, Department of the in fighting for our freedom in World War II, ‘‘Syrups, Hydrolyzed Starch, Hydrogentated; Treasury transmitting, pursuant to law, the and for their contribution in creating an in- Exemption from the Requirement of a Toler- report of a rule entitled ‘‘Weighted Average tegrated United States Air Force; to the ance’’ (FRL No. 7697–9) received on February Interest Rate Update Notice—Pension Fund- Committee on Armed Services. 14, 2005; to the Committee on Agriculture, H. Con. Res. 30. Concurrent resolution sup- Nutrition, and Forestry. ing Equity Act of 2004’’ (Notice 2005–19) re- porting the goals and ideals of National EC–1013. A communication from the Prin- ceived February 14 , 2005; to the Committee Black HIV AIDS Awareness Day; to the Com- cipal Deputy Associate Administrator, Office on Finance. mittee on Health, Education, Labor and Pen- of Policy, Economics, and Innovation, Envi- EC–1023. A communication from the Acting sions. ronmental Protection Agency, transmitting, Chief, Publications and Regulations Bureau, H. Con Res. 67. Concurrent resolution hon- pursuant to law, the report of a rule entitled Internal Revenue Service, Department of the oring the soldiers of the Army’s Black Corps ‘‘Quizalofop-ethyl; Pesticide Tolerance’’ Treasury transmitting, pursuant to law, the

VerDate Aug 31 2005 03:56 Jan 08, 2007 Jkt 059060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S17FE5.REC S17FE5 mmaher on PROD1PC70 with CONG-REC-ONLINE S1612 CONGRESSIONAL RECORD — SENATE February 17, 2005 report of a rule entitled ‘‘Return of Partner- on average prevents seventeen dollars ($17) POM–3. A resolution adopted by the House ship Income’’ (TD 9177) received February 14, in later expenses, as seen by the following: of Representatives of the General Assembly 2005; to the Committee on Finance. (a) CDFA Plant Health Pest Prevention of the Commonwealth of Pennsylvania rel- f Services spent two hundred fifty-eight mil- ative to the Medal of Honor for Valor; to the lion dollars ($258,000,000) to eradicate Medi- Committee on Armed Services. PETITIONS AND MEMORIALS terranean fruit fly infestations between 1980 HOUSE RESOLUTION NO. 848 The following petitions and memo- and 1996. Just four million four hundred Whereas, during the invasion of the Phil- rials were laid before the Senate and thousand dollars ($4,400,000) has been spent ippine Islands, Sgt. Harvey Possinger, a resi- since the Medfly Exclusion Program was were referred or ordered to lie on the dent of Stroud Township, Monroe County, launched in 1996. went above and beyond the call of duty by table as indicated: (b) CDFA Animal Health & Food Safety rescuing two of his fellow soldiers, Emil POM–1. A resolution adopted by the Senate Services in 2002 reported that Exotic New- Angel and Paul Baehr, who were under in- of the Legislature of the State of Michigan castle Disease, the most fatal vital disease tense mortar fire at Belete Pass, despite relative to the Speciality Crop Competitive- known to birds, required more than 3.4 mil- being seriously injured himself; and ness Act; to the Committee on Agriculture, lion birds to be destroyed at a cost of more Whereas, in spite of his wounds, Sgt. Nutrition, and Forestry. than three million six hundred thousand dol- Possinger selflessly administered medical as- SENATE RESOLUTION NO. 279 lars ($3,600,000) to California and one hundred sistance to Emil Angel, inspiring his unit, B Whereas, in 2001, Congress provided for spe- sixty-six million four hundred thousand dol- company, which two days later secured the ciality crop block grant program to address lars ($166,400,000) to the federal government. area with the help of reinforcements and en- Whereas, pest and disease prevention and difficult circumstances in speciality crop abled the Allied campaign to move forward; exclusion is critical to all states of this na- segments of American agriculture. Through and tion and to our populations, in order to pro- this single-year program, states, including Whereas, Sgt. Possinger is a highly deco- tect the health and welfare of the public and Michigan, administered grants that helped rated combat veteran of World War II, re- the jobs within agriculture and its related specialty crop producers, processors, and ceiving five Purple Hearts, a Distinguished industries; and commodity organizations conduct research, Service Cross, a Silver Star and a Bronze Whereas, the California Legislature recog- revamp marketing and promotion, and im- Star for his three years of outstanding mili- nizes the importance of the partnership be- prove inspection efforts; and tary service; and tween federal and state governments to pro- Whereas, the specialty crop block grant Whereas, Sgt. Possinger’s commanding of- tect California’s food and fiber from exotic program, which is distinct from traditional ficer nominated him for the Medal of Honor pests and diseases, and the importance of farm assistance programs, was successful, es- 60 years ago, but the nomination was lost, promoting the role local agriculture has in pecially in Michigan, in fostering improve- destroyed or misfiled; and supporting the daily living needs of all Cali- ment in the competitiveness of many crop Whereas, the Congress has rendered no de- fornians and United States citizens; and areas through a focus on specific projects. cision on the matter: Therefore be it Whereas, the Legislature recognizes the The program’s impact on Michigan agri- Resolved, That the House of Representa- farm worker’s importance to agriculture pro- culture was widespread; and tives of the Commonwealth of Pennsylvania duction and the dependence of rural econo- Whereas, Congress has before it a measure memorialize the Congress to award the mies on agriculture; and that would authorize a permanent specialty Medal of Honor to Sergeant Harvey Whereas, the California Legislature recog- crop block grant program. The Specialty Possinger without further delay; and be it nizes the role the United States Congress Crop Competitiveness Act, H.R. 3242, would further played in delivering the 64 million dollar be a most effective way to increase the com- Resolved, That a copy of this resolution be grant from the United States Department of petitiveness of American agriculture in our transmitted to the presiding officers of each Agriculture in 2001, which was the basis for fast-changing global economy. With the house of Congress and to each member of the Buy California Initiative promoting Cali- great diversity of Michigan’s farms, our Congress from Pennsylvania. fornia Grown products; and state has a major stake in this legislation: Whereas, the California Legislature recog- POM–4. A resolution adopted by the Senate Now, therefore, be it nizes the value of federal funds available to That we memori- of the Legislature of the State of Michigan Resolved by the Senate, support important programming including alize the Congress of the United States to relative to stabilizing the steel market; to the Western Institute for Food Safety man- enact the Specialty Crop Competitiveness the Committee on Banking, Housing, and aged by the University of California at Act; and be it further Urban Affairs. Davis; the 5 A Day For Better Health Nutri- Resolved, That copies of the resolution be tion Education Campaign managed by the SENATE RESOLUTION NO. 241 transmitted to the President of the United state Department of Health Services; and the Whereas, for many years, manufacturers in States Senate, the Speaker of the United Linking Education, Activity and Food our country and throughout our state have States House of Representatives, and the (LEAF) Program managed by the state De- wrestled with fluctuations in the prices of members of the Michigan congressional dele- partment of Education; and steel. There are many contributing factors, gation. Whereas, the California Legislature be- including the notable impact of other na- lieves that there is a need, but no state fund- tions subsidizing raw steel products and POM–2. A Joint Resolution adopted by the ing, to expand programs that integrate food ‘‘dumping’’ them on the American market. Assembly of the State of California relative nutrition and schools, including, but not The cumulative impact of this instability to specialty crops; to the Committee on Ag- limited to, local fresh fruits and vegetables has been damaging to many key industries; riculture, Nutrition, and Forestry. in school lunch programs, and educating and ASSEMBLY JOINT RESOLUTION NO. 69 school officials about on the seasons of state Whereas, a very significant and harmful Whereas, rapid conversion of California’s grown specialty crops; and development of late is a steep rise in the cost farm and ranch lands for nonfarm use has Whereas, the United States Congress cur- of scrap steel. In only a few months, major contributed to the state’s increased depend- rently is considering HR 3242, the Specialty increases in purchases of scrap steel by other ence upon imported food; and Crop Competitiveness Act of 2003; and countries, especially China and South Korea, Whereas, according to the National Agri- Whereas, HR 3242 would continue the es- have resulted in skyrocketing costs of scrap cultural Statistical Service of the United sential federal funding that started in 2001 steel, a key source of materials used by man- States Department of Agriculture, 3.7 mil- that helped to support California’s increas- ufacturers of many types of products, espe- lion acres of farm land (more than 10 percent ingly challenged food and fiber production cially within the automotive industry; and of total farm land) was lost between 1990 and infrastructure with the tools necessary to Whereas, dramatically escalating scrap 2003; and support food and fiber security, nutrition, steel costs are a serious threat to numerous Whereas, increased dependence upon im- and education: Now, therefore, be it auto supply companies throughout Michigan. ported foods has created increased vulner- Resolved by the Assembly and Senate of the These companies rely upon the availability ability to exotic pests and diseases, evi- State of California, jointly, That the Legisla- of this material at fair prices to fill their denced by 63,527 shipments of prohibited ture of the State of California respectfully contracts with the major automakers. This commodities intercepted and destroyed or requests that the Congress of the United situation is a major factor threatening shipped back out-of-state in 2002; and States of America support the passage of HR Michigan jobs in many communities. The se- Whereas, according to the California De- 3242, the Specialty Crop Competitiveness Act riousness of this threat to jobs and our na- partment of Food and Agriculture’s (here- of 2003; and be it further tion’s manufacturing capacity requires swift after CDFA) January 2004 report Protecting Resolved, That the Chief Clerk of the As- action to bring stability to this market: California from Biological Pollution, inter- sembly transmit copies of this resolution to Now, therefore, be it ception of quarantined pests at point-of- the President and Vice President of the Resolved by the Senate, That we memori- entry is the state’s primary defense against United States, to the Speaker of the House alize the President and the Congress of the the introduction and spread of biological pol- of Representatives, to the Majority Leader of United States to explore what steps might be lution; and the Senate, and to each Senator and Rep- necessary to stabilize the steel market in Whereas, every dollar spent on early inter- resentative from California in the Congress this country in order to ensure the avail- vention against exotic and invasive species, of the United States. ability of this raw material for domestic

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 17, 2005 CONGRESSIONAL RECORD — SENATE S1613 market needs and help contain escalating sponsibilities before all of us in this country. tries become positive forces of peace and sta- prices; and be it further His rise from selling cereal out of a van in bility, promoting democracy and the rule of Resolved, That copies of this resolution be Mexico City to becoming the head of Kellogg law; and transmitted to the Office of the President of is an amazing tale of hard work and personal Whereas, Coast Guard men and women are the United States, the President of the integrity; and a highly motivated group of people who are United States Senate, the Speaker of the Whereas, over the course of his career, Car- committed to providing essential and valu- United States House of Representatives, and los Gutierrez has gained invaluable under- able service to the American public; and the members of the Michigan congressional standing of the crucial issues of manufac- Whereas, the Coast Guard military struc- delegation. turing and trade in the international mar- ture, law enforcement authority, and hu- ketplace. He has excelled in a wide range of manitarian functions make the Coast Guard POM–5. A resolution adopted by the House posts, representing Kellogg in Latin Amer- a unique arm of national security enabling it of Representatives of the Legislature of the ica, Canada, and the Asia-Pacific region. to support broad national goals; and State of Michigan relative to the transpor- Since becoming the CEO in 1999, Mr. Gutier- Whereas, the Coast Guard is well known tation of liquid petroleum; to the Committee rez has had to make difficult decisions with for being the first to reach the scene when on Commerce, Science, and Transportation. strong impacts on the economy of Battle maritime disaster strikes, and continues to HOUSE RESOLUTION NO. 320 Creek and Michigan. His leadership in the be tasked with protecting our waters from pollution, our borders from drug smuggling, Whereas, regulations restricting hours of face of challenging circumstances has and our fisheries from overharvest as well as service of motor transport workers con- brought significant strength to the company additional assignments that stretch its peo- tribute to public safety as goods are handled over the past five years; and ple and resources thin: Now, therefore, be it and moved across the country. As tech- Whereas, as our country deals with the new Resolved by the Assembly and Senate of the nology and equipment have changed, these realities of the global economy, Mr. State of California, jointly, That the Legisla- regulations have also evolved. The Federal Gutierrez’s experiences and insights are just ture of the State California urges the Presi- Motor Carrier Safety Administration sets what our nation’s businesses and working dent and Congress of the United States to these standards to respond to changes that families need. Our nation will be well served fully fund the Coast Guard’s operational occur and situations where the regulations by his diligence, character, and talent: Now, readiness and recapitalization requirements clearly need to be adjusted; and therefore, be it to ensure this humanitarian arm of our Na- Whereas, the overall impact of hours of Resolved by the Senate, That we offer our tional Security remains Semper Paratus service regulations can vary significantly strong endorsement of Carlos Gutierrez and urge the United States Senate to confirm through the 21st century; and be it further from industry to industry. Currently, for Resolved, That the Chief Clerk of the As- those hauling and delivering liquid petro- him as the United States Secretary of Com- merce; and be it further sembly transmit copies of this resolution to leum products, the regulations provide that the President and Vice President of the a person doing so must take 10 consecutive Resolved, That copies of this resolution be transmitted to the President of the United United States and all members of Congress hours off for every 14 hours worked. Compa- of the United States. nies that transport liquid petroleum locally, States Senate and Senators Levin and Stabe- now. however, are finding that these restrictions POM–8. A joint resolution adopted by the are a hindrance to their ability to operate ef- Assembly of the State of California relative fectively and efficiently; and POM–7. A Joint Resolution adopted by the Assembly of the State of California relative to space exploration; to the Committee on Whereas, the most effective laws and regu- commerce, Science, and Transportation. lations bring balance to the situation or to the United States Coast Guard; to the ASSEMBLY JOINT RESOLUTION NO. 86 issue in question. The regulations that deter- Committee on Commerce, Science, and mine the hours of service for a person trans- Transportation. Whereas, the United States is a nation of porting liquid petroleum locally need to be ASSEMBLY JOINT RESOLUTION NO. 5 explorers; and Whereas, exploration and discovery have modified to reflect the vastly dissimilar na- Whereas, the United States Coast Guard is ture of their jobs from others transporting been especially important to the American a military, multimission, maritime service experience, providing vision, hope, and eco- similar products: Now, therefore, be it that has answered the calls of America con- Resolved by the House of Representatives, nomic stimulus, from new world explorers tinuously for over 210 years; and and American pioneers to the Apollo pro- That we memorialize the Congress of the Whereas, over that history the Coast United States and the United States Depart- gram; and Guard’s roles as lifesavers and guardians of Whereas, just as Lewis and Clark could not ment of Transportation to exempt local liq- the sea have remained constant, while their uid petroleum distribution personnel from have predicted the settlement of the Amer- missions have evolved and expanded with a ican west within a hundred years of the start federal regulations that require 10 hours of growing nation; and off duty for every 14 hours on duty; and be it of their famous 19th century expedition, the Whereas, the Coast Guard mission is to total benefits of a single exploratory under- further protect the American public’s most basic Resolved, That copies of this resolution be taking or discovery cannot be predicted in need, our safety and security, the environ- advance; and transmitted to the United States Depart- ment, and our economy; and ment of Transportation, the President of the Whereas, the desire to explore is part of Whereas, the Coast Guard responds to our character, and history has shown that United States Senate, the Speaker of the more than 50,000 calls for assistance and United States House of Representatives, and space exploration benefits all humankind saves thousands of lives and billions of dol- through new technologies for everyday appli- the members of the Michigan congressional lars in property; and delegation. cation, new jobs across the entire economic Whereas, the Coast Guard’s five operating enterprise, economic contributions through goals: safety; protection of natural re- new markets and commercial products, edu- POM–6. A resolution adopted by the Senate sources; mobility; maritime security; and of the Legislature of the State of Michigan cation and inspiration, United States leader- national defense, define the focus of the ship, increased security, and a legacy for fu- relative to the confirmation of the United Coast Guard’s service and enable it to touch States Secretary of Commerce, to the Com- ture generations; and everyone in the United States; and Whereas, new technologies and commercial mittee on Commerce, Science, and Transpor- Whereas, the goal of safety is pursued pri- tation. spin-offs from the advancements made marily through its search and rescue and through National Aeronautics and Space Ad- SENATE RESOLUTION NO. 307 marine safety missions; and ministration (NASA) programs have pro- Whereas, President Bush has nominated Whereas, no other government agency or vided economic expansion and improved life Mr. Carlos Gutierrez, the CEO of Kellogg private organization has the extensive inven- quality to residents not only within the Company, as the new Secretary of Com- tory of assets and expertise to conduct United States, but worldwide, and some of merce. With the work Mr. Gutierrez has un- search and rescue of both recreational boat- these technologies include the following: dertaken throughout his long and distin- ers as well as commercial mariners, from the (a) Image processing used in CT scanners guished career with one of Michigan’s best lakes, rivers, and nearshore areas to the high and MRI technology came from technology known international businesses and the seas; and developed to computer-enhance pictures of record he has compiled in community life in Whereas, the Coast Guard provides the the moon for the Apollo program Battle Creek, the people of Michigan harbor first line of defense in protecting the mari- (b) Kidney dialysis machines were devel- strong feelings of respect and admiration for time environment through the marine safety oped as a result of a NASA-developed chem- this talented and visionary gentleman; and program, ensuring the safe commercial ical process, and insulin pumps were based Whereas, Carlos Gutierrez clearly em- transport of passengers, cargo, and oil on technology used on the Mars Viking bodies the American Dream in the path his through our waters, and by guarding our spacecraft. life has taken. He came to the United States maritime borders from incursions from for- (c) Programmable heart pacemakers were as a young boy with his brother and parents, eign fishing vessels; and first developed in the 1970’s using NASA sat- refugees form Cuba beginning their lives Whereas, the Coast Guard serves as a glob- ellite electrical systems. anew. He proudly became an American cit- al model of efficient military, multimission, (d) Fetal heart monitors were developed izen, and he has never lost sight of the sig- maritime service for the emerging coast from technology originally used to measure nificance of the opportunities and the re- guards of the world and helps friendly coun- airflow over aircraft wings.

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1614 CONGRESSIONAL RECORD — SENATE February 17, 2005 (e) Surgical probes used to treat brain tu- creation of advanced educational opportuni- the integrity of the system, created an im- mors resulted from special lighting tech- ties, and the establishment of a legacy for balance between supply and demand, and ex- nology developed for plant growth experi- future generations; and posed poor protocol practices and commu- ments on space shuttle missions. Whereas, the potential of space exploration nication between overseers of the grid; and (f) Infrared hand-held cameras used to ob- has ignited American students’ interests in Whereas, the result of these failures in grid serve atmospheric gas plumes in space from science, technology, engineering, and mathe- management, combined with other factors, the space shuttles have helped firefighters matics. In particular, the National Aero- was the cascading shutdown of the electric point out hot spots in wild fires; and nautics and Space Administration (NASA) grid, causing an electricity blackout of a Whereas, this state has been a leader in the Glenn Research Center’s education programs magnitude unequaled in the history of the research, design, exploration, and develop- are exemplary in inspiring the next genera- United States; and ment of space enterprise since the dawn of tion of explorers; and Whereas, electricity is a necessity integral the space age; and Whereas, the State of Ohio has long played to our health, safety, and economic well- Whereas, space is a $24.2 billion enterprise a leading role in America’s exploration ini- being; and in this state and generates 133,000 direct and tiatives, especially in our nation’s aero- Whereas, the system reliability that is so indirect jobs scattered throughout the entire nautics and space program. Ohio is the home crucial to our lives currently is governed by state; and of Orville and Wilbur Wright, 24 past and voluntary, nonuniform, and often conflicting Whereas, our nation’s new vision for space present astronauts, including former United standards, wholly inadequate to accommo- exploration charts a new, building block States Senator and astronaut John Glenn date the modern day electricity market and strategy to explore destinations across our and former astronaut Neil Armstrong, and ever-growing demand in electricity usage; solar system with robots and humans, allow- countless other air and space pioneers at and ing our nation to remain competitive in the every level of research and exploration; and Whereas, with the increasing demand for new industry of space commerce; and Whereas, Ohio also is home to two federal more electricity and market transaction use Whereas, the research and development laboratories, NASA Glenn Research Center of the grid, the issues of reliability and co- necessary to rely on the initial robotics goal and Wright Patterson Air Force Research ordination in the delivery of electricity be- is uniquely suited for the three NASA cen- Laboratory, both recognized by the United come paramount; and ters located in our state; and States Department of Commerce for their Whereas, the electric grid originally was Whereas, the three NASA centers in this outstanding innovative activities contrib- designed and constructed to accommodate state—Ames Research Center in Santa Clara uting to economic development; and the transportation of generation plant elec- County, Dryden Flight Research Center in Whereas, the NASA Glenn Research Center trical output dedicated to utility service Antelope Valley, and the Jet Propulation is a world-renowned center for the research area customers and interconnections with Laboratory in La Can˜ ada Flintridge jointly and development of many cutting-edge tech- other utilities has served as a means of en- employ 7,250 people and maintain a payroll nologies, especially power, propulsion, com- suring greater electric supply reliability; in excess of $300 million; and munications, and microgravity research. It and Whereas, NASA’s economic benefit to this also is a model of creating a consortium of Whereas, there is an ever-growing demand state already tops $3 billion annually, in- university, government, and private sector on the electric transmission grid to be used cluding over $175 million worth of science entities to foster collaborative research and for the long-distance transportation of in- and engineering grants to California’s public development. Finally, the Center is the win- creasing amounts of electricity, in patterns and independent universities, and the pro- ner of 89 of the 141 R & D 100 Awards granted and manners far different than those con- posed vision for space exploration is ex- to NASA since 1966, including the first NASA templated in the original design and con- pected to strengthen this economic impact: R & D 100 Award; and struction of the grid; and Now, therefore, be it Whereas, the talent, technology, and infra- Whereas, investments in our country’s Resolved by the Assembly and Senate of the structure exist in Ohio to provide resources electric grid have declined for decades, even State of California, jointly, That the Congress that will be key to carrying out NASA’s fu- as the demand for grid use has increased; and and the President of the United States is re- ture missions: Now therefore be it Whereas, the declining trend in grid invest- quested to enact and fully fund the proposed Resolved, That we, the members of the ment requires federal and state regulatory budget for space exploration, as submitted to 125th General Assembly of the State of Ohio, certainty, to ensure grid reliability and en- the Congress in the federal 2005 fiscal year support the continuation of research and de- courage investment that enhances and ex- budget, to enable the United States and Cali- velopment programs in space science mis- pands the grid to accommodate present and fornia, in particular, to remain a leader in sions in order to take full advantage of the future demands on the national electric sys- the exploration and development of space; previous investments made in the space sta- tem; and and be it further tions and other NASA infrastructure, sup- Whereas, the United States Supreme Court Resolved, That the Chief Clerk of the As- port NASA’s goal of returning to the moon recently recognized that the transmission of sembly transmit copies of this resolution to as well as conducting excursions to Mars and electricity is inherently interstate com- the President and Vice President of the beyond and hereby encourage the United merce: Therefore be it United States, to the Speaker of the House States Congress to enact and fully fund the Resolved, That we, the members of the of Representatives, to the Majority Leader of proposed Vision for Space Exploration Pro- 125th Ohio General Assembly, in adopting the Senate, and to each Senator and Rep- gram as submitted to the Congress in the fis- this resolution, request that the United resentative from California in the Congress cal year 2005 budget in order to enable the States Congress enact laws enabling a na- of the United States. United States and Ohio in particular, to re- tional entity to establish and enforce na- main a leader in the exploration and devel- tional standards and protocols for the reli- POM–9. A Senate Concurrent Resolution opment of space; and be it further ability and efficient management of the na- adopted by the General Assembly of the Resolved, That the Clerk of the Senate tional electric grid, irrespective of region; State of Ohio relative to the funding of the transmit copies of this resolution to the and be it further National Aeronautics and Space Administra- President of the United States, to the Speak- Resolved, That the members of the Ohio tion’s Vision for Space Exploration Program; er and Clerk of the United States House of General Assembly also request Congress to to the Committee on Commerce, Science, Representatives, the President Pro Tempore enact laws that ensure that the Federal En- and Transportation. and the Secretary of the United States Sen- ergy Regulatory Commission (FERC) has oversight regarding the national electric SENATE CONCURRENT RESOLUTION NO. 32 ate, the members of the Ohio Congressional delegation, and to the news media of Ohio. grid reliability entity; and be it further Whereas, the United States has a proud Resolved, That the members of the Ohio heritage of leading the world in exploration General Assembly request that Congress POM–10. A Senate Concurrent Resolution and discovery on land, under the seas, and in enact laws that ensure FERC authority to adopted by the General Assembly of the outer space. This heritage of expanding the require electric transmission owners to par- State of Ohio relative to mandatory, na- boundaries of our national experience has ticipate in an appropriate regional trans- tional electric transmission reliability been paramount in American priorities from mission organization, to advance reliability standards; to the Committee on Commerce, the days of Lewis and Clark through the ex- goals in complement with similar mandates Science, and Transportation. ploration of the moon’s surface by the Apollo of the State of Ohio and other states; and be astronauts and of the surface of Mars using SENATE CONCURRENT RESOLUTION NO. 26 it further the Mars Rovers; and Whereas, on August 14, 2003, a massive fail- Resolved, That the members of the Ohio Whereas, the expansion of America’s explo- ure of the electric transmission grid caused a General Assembly request that Congress im- ration boundaries from the original 13 states blackout affecting the personal and eco- mediately take these actions to protect and to the lunar surface in the relatively short nomic lives of over 50 million citizens in the enhance the reliability of the national grid period of 200 years has led to immeasurable Northeastern and Midwestern areas of the for the health, safety, security, and eco- benefits to all humankind through the devel- United States, as well as in parts of Canada; nomic viability of the American people; and opment of new technologies, the creation of and be it further jobs across the entire economic spectrum, Whereas, cited as one reason for the Au- Resolved, That the Clerk of the Senate economic growth through the creation of gust 14 electric system collapse was inad- transmit duly authenticated copies of this new commercial products and markets, the equate reliability management that affected resolution to the Speaker and Clerk of the

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 17, 2005 CONGRESSIONAL RECORD — SENATE S1615 United States House of Representatives, to veteran’ means any veteran—(A) who meets high-level working group on migration co- the President Pro Tempore and Secretary of such requirements as may be imposed by the chaired by Attorney general John Ashcroft the United States Senate, to the members of State law pursuant to which qualified vet- and Secretary Colin Powell of the United the Ohio Congressional delegation, and to erans’ mortgage bonds are issued’’; and be it States and by Mexico’s Foreign Secretary the news media of Ohio. further and its Secretary of Government; and Resolved, That the Chief Clerk of the As- Whereas, this working group on migration POM–11. A Joint Resolution adopted by the sembly transmit copies of this resolution to and border safety plans to continue to meet Assembly of the State of California relative the President and Vice President of the to discuss specific measures to prevent fu- to veterans’ home loan programs; to the United States, and to the Speaker of the ture occurrences of these tragedies and to Committee on Finance. House of Representatives, the President of promote safe and orderly migration; and ASSEMBLY JOINT RESOLUTION NO. 17 the Senate, and each Member in the Con- Whereas, at a minimum, the potential so- gress of the United States. lutions to this tragic problem require a com- Whereas, the States of Alaska, California, prehensive examination of the consequences Oregon, Texas, and Wisconsin have estab- POM–12. A Joint Resolution adopted by the of border initiatives, enhanced investiga- lished veterans’ home loan programs; and Assembly of the State of California relative tions by the Mexican government of criminal Whereas, the State of Alaska, California, to border crossing deaths; to the Committee gangs of smugglers, providing the United Oregon, Texas, and Wisconsin have authority on Foreign Relations. States Border Patrol with increased search in the Internal Revenue Code to issue quali- and rescue resources such as lifesaving gear fied veteran mortgage bonds to finance their ASSEMBLY JOINT RESOLUTION NO. 15 and emergency medical training, and con- respective veteran home loan programs; and Whereas, on May 24, 2001, following an ex- sensus on a long-term agreement between Whereas, veterans’ eligibility under cur- tensive rescue search by the United States the United States and Mexico on migration rent federal tax law restricts the eligibility Border Patrol, 25 migrants who were aban- and border security policies: Now, therefore, to veterans who served on active duty prior doned by their smugglers were found in the be it to January 1, 1997; and Cabeza Prieta National Wildlife Refuge in Resolved by the Assembly and Senate of the Whereas, the federal tax law devalues the southwest Arizona; and State of California, jointly, That the Legisla- service to our country given by those men Whereas, after being driven for one and ture of the State of California urges the and women who have served in the military one-half hours through the wildlife refuge, President and Congress of the United States of the United States since 1977 by denying the migrants were told by the smugglers and the United States Border Patrol to pro- them access to a benefit that has been avail- that it was only a short walk to a nearby ceed in a cooperative effort with the Mexican able to their counterparts from other eras; highway; and government through the working group on and Whereas, in fact, in order to reach their migrations and border safety to achieve a Whereas, service in uniform should be ac- destination the migrant were required to comprehensive examination of border safety corded the same respect and stature irrespec- travel across 70 miles of harsh desert in an and migration issues, an assessment of the tive of the moment in time during which it area known as ‘‘The Devil’s Path’’ and en- impact of United States border initiatives, was provided. The men and women who have dure air temperatures in excess of 115 de- enhanced investigations and prosecutions of served since 1977 should have the same op- grees and desert floor temperatures of 130 de- criminal gangs of smugglers, and increasing portunity to take root in the communities grees; and search and rescue operations along the bor- they have defended as was offered those who Whereas, fourteen of those victims died of der; and be it further ‘‘made the world safe for democracy’’ in exposure and dehydration and 11 survivors Resolved, That the Chief Clerk of the As- World War II, or were called upon to ‘‘pay were hospitalized in the deadliest crossing of sembly transmit copies of this resolution to any price, bear any burden, support any the border since 1987, when 18 Mexican men the President of the United States, all mem- friend or oppose any foe to ensure the sur- died in a locked boxcar near Sierra Blanca, bers of the Congress of the United States, vival and success of liberty . . .’’ during the Texas; and and the Mexican Consulate in Washington, Vietnam and Cold War eras; and Whereas, since 1994, border enforcement D.C. Whereas, the Directors of Veterans Affairs initiatives such as ‘‘Operation Gatekeeper’’ of the States of Alaska, California, Oregon, on the California-Mexico borden have in- POM–13. A resolution adopted by the Sen- Texas, and Wisconsin are desirous of extend- creased patrols and constructed steel walls ate of the Legislature of the Commonwealth ing their respective veteran home loan pro- near urban areas, forcing migrants to make of Puerto Rico relative to the preferred ap- grams to include the men and women of the more dangerous crossings in rural, often proach through which to exercise self-deter- United States of America who are dispatched open desert areas; and mination concerning the status of Puerto to participate in any conflict that has oc- Whereas, most migrants are unaware and Rico; to the Committee on Energy and Nat- curred or will occur on or after January 1, unprepared to make a desert crossing, there- ural Resources. 1977; and by leading to a substantial increase in fatali- Whereas, nearly 3 million veterans reside ties due to dehydration in the summer and SENATE CONCURRENT RESOLUTION NO. 107 in California. Of those, 1.05 million, began hypothermia in cold weather; and The right of the People to freely choose their active military service on or after Jan- Whereas, deaths of migrants along the their system of government and their polit- uary 1, 1977, and over one-quarter million of desert areas of the border have increased ex- ical destiny in relation to the other coun- those served in Desert Storm; and ponentially since the implementation of tries is an inalienable natural right: neither Whereas, since 1922, California has oper- these initiatives, with reported deaths in- can legislation contrary to this right be ad- ated, at no expense to its General Fund, the creasing from 25 in 1994 to 369 in 1999 and 491 mitted nor can a regime or legislation con- Cal-Vet Farm and Home Loan Program. Cal- in 2000, according to figures released by the trary to the full exercise of this right be ad- Vet is a qualified veterans mortgage bond Mexican government, as well as an unknown mitted. This is thus consigned in several res- (OVMB) program that has helped 408,000 Cali- number of undiscovered and unreported olutions of the General Assembly of the fornia veterans become homeowners; and deaths; and United Nations Organization applicable to Whereas, opening participation in this Whereas, as a result of the increase in bor- Puerto Rico. home loan benefit to post-1976 veterans re- der crossings and deaths in these desert The regime of the political relations be- quires no direct budget expenditure by Con- areas, concerns have been expressed by hu- tween Puerto Rico and the United States of gress and the well-established benefits of manitarian organizations, civil rights orga- America remained subject for future delib- home ownership to local communities will be nizations, churches, and the Mexican govern- eration since the conclusion of the delibera- enhanced and expanded; and ment that the United States Border Patrol’s tions of the Constitutional Convention on Whereas, veterans of all conflicts should current enforcement program effectively is the political status of the People of Puerto receive benefits consistent with the benefits operating as a channeling operation, rather Rico in 1952, which drafted the Constitution available to veterans of previous armed con- than a general border interdiction program; of the Commonwealth of Puerto Rico. This flicts; and and by virtue of Public Law 600 of the 81st Con- Whereas, those veterans have been quali- Whereas, immediately after this incident gress of the United States of 1950, adopted in fied for eligibility into congressionally char- both the United States and Mexican govern- a referendum held in Puerto Rico, which lim- tered veterans’ organizations by prior acts of ments jointly announced that they were ited the deliberative and governmental the Congress of the United States: Now, launching an investigation of the incident, framework of the Constitutional Convention therefore, be it issued a statement condemning the actions from 1951 to 1952. Resolved by the Assembly and Senate of the of smugglers, and reaffirmed their commit- The Constitutional Convention of 1952 ex- State of California, jointly, That the Legisla- ment to combat the trafficking of migrants; pressed through Resolution No. 23 that: ‘‘The ture of the State of California respectfully and People of Puerto Rico reserve the right to memorializes the Congress and the President Whereas, both governments also recognized propose and accept modifications in the of the United States to urge the Congress of the need for the two nations to continue to terms of its relations with the United States the United States to amend paragraph (4) of work together to reach agreements on mi- of America, in order that these relations Section 143(l) of the Internal revenue Code of gration and border safety; and may at all times be the expression of an 1986 to read: ‘‘(6) Qualified veteran—For pur- Whereas, President George W. Bush and agreement freely entered into between the poses of this subsection, the term ‘qualified President Vincente Fox have established a People of Puerto Rico and the United States

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1616 CONGRESSIONAL RECORD — SENATE February 17, 2005 of America.’’ (Enacted February 4, 1952, and rected by Senate Resolution 201 and House major step in addressing the significant med- forwarded to the President of the United Resolution 3873, both recommending the ical care needs of area residents. The facility States.) mechanism of an Assembly of the People to seeks to serve 10,450 clients through 26,100 This expression, based on a natural and consider the status issue. patient encounters annually; and constitutional right and of the highest demo- Section 3.—It is proper to study and draft Whereas, the new community center would cratic nature, was subsequently incorporated the legislation for the people to decide on provide preventative and primary health by the General Assembly of the United Na- the desirability of calling a Constitutional care services, including mental health and tions Organization in its Resolution 748 Assembly on Status. The legislation shall in- substance abuse care, as well as access to the (VIII) of November, 1953, regarding the docu- clude the mechanisms to implement the full range of the resources of St. John ments submitted by the United States Gov- election of delegates and the organization of Health. The overall impact of a federally ernment on the Constitution of the Common- the Constitutional Assembly on Status, if it qualified health care center such as this wealth of Puerto Rico. It is thus stated in its is favored at the polls. would be substantial not only to the daily ninth enabling paragraph where it is ex- Section 4.—The Committee on the Judici- lives of the individuals served, but also to pressed, ‘‘its assurance that, in accordance ary of both Bodies shall prepare a study and the well-being of the metropolitan area: with the spirit of the present Resolution . . . report which shall contain projects of law for Now, therefore, be it due regard will be paid to the will of both the holding a referendum on the calling of said Resolved by the House of Representatives (the Puerto Rican and American peoples . . . in Constitutional Assembly, appropriation of Senate concurring), That we memorialize the the eventuality that either of the parties to funds, and every other measure or process Congress of the United States and the De- the mutually agreed association may desire needed to implement this public policy. The partment of Health and Human Services to any change in the terms of this association.’’ following shall be assured: establish the NorthEast Detroit Community Since the effectiveness of the present sta- a. The effective participation of the rep- Health Center as a federally qualified health tus of political relationship between Puerto resentatives of the political parties and the care center; and be it further Rico and the United States, untiring efforts civil society. Resolved, That copies of this resolution be have been made to review the political sta- b. That the proposals to be submitted to transmitted to the President of the United tus issue of Puerto Rico and the scope of the the consideration of the people arise from States Senate, the Speaker of the United relationship with the United States of Amer- the principle of sovereignty in the future po- States House of Representatives, the mem- ica. Specifically, in 1967, a consultation proc- litical relationships of Puerto Rico, and be bers of the Michigan congressional delega- ess of the people was held in which the ma- as such defined outside of the territorial tion, and the United States Department of jority of the participants reaffirmed their clause of the Constitution of the United Health and Human Services. support to the Commonwealth option, and States of America. subsequently, in 1993, a second plebiscite was c. That the Assembly shall enjoy delibera- POM–15. A Joint Resolution adopted by the held, and once again the Commonwealth op- tive and negotiation attributes with the Assembly of the State of California relative tion was favored. Finally, in 1998, a new pleb- United States Government. to the Employee Free Choice Act; to the iscite was held in which the Legislature of d. That every determination of the Assem- Committee on Health, Education, Labor, and Puerto Rico, and not the political parties or bly shall be subject to ratification by the Pensions. the representative groups of specific people at a referendum. ASSEMBLY JOINT RESOLUTION NO. 87 ideologies, defined the status options to be Section 5.—The Committee shall render its presented to the people. In said plebiscite, Whereas, since 1935, workers have had the report before December 31, 2004, and thereby the ‘‘None of the Above’’ option was favored. right under federal law to form unions, but Likewise, in the past fifty-two years sev- be submitted for the consideration of the federal laws have eroded over the years and eral efforts have been made to have the next Regular Legislature. are poorly enforced; and United States Congress enact legislation Section 6.—A copy of this Concurrent Res- Whereas, each year, 20,000 American work- that would allow further the discussion of olution, together with the results of the vote ers suffer loss of pay due to illegal retalia- this issue. Specifically, we take notice of the for its approval, shall be certified by the Of- tion against them for exercising their right efforts made through the Status Commission fice of the Secretary and of the Clerk of both to freedom of association, and thousands during the decades of the 60s and 70s; and Chambers, and remitted to the Special more American workers are illegally threat- from 1989 to 1991 by the U.S. Senate Re- Decolonization Committee of the United Na- ened, coerced and interrogated, spied on, and sources Committee, and in the mid 90s, by tions General Assembly, to the White House harassed because of their efforts to form a the U.S. House of Representatives Resources Interagency Committee on the Status of union; and Committee. None of these efforts was able to Puerto Rico, and to the Congress of the Whereas, 42 million workers in the United produce legislation that would effectively at- United States of America. States say that they would join a union now tend the discussion of status. Section 7.—This Concurrent Resolution if they had the opportunity; and Having repeatedly approached through dec- shall take effect upon its approval and con- Whereas, in California only 17.5 percent of ades diverse methods, the Legislature of stitutes public policy until its repeal or im- our workers are unionized; and Puerto Rico, exercising the powers and fac- plemented. Whereas, union membership provides work- ulties pursuant to the Constitution of the ers better wages and benefits, and protection Commonwealth of Puerto Rico, proposes a POM–14. A resolution adopted by the House from discrimination and unsafe working consultation of the people so that they may of Representatives of the Legislature of the places, while benefiting whole communities determine the procedural mechanism they State of Michigan relative to establishing by strengthening tax bases, promoting equal deem proper to deal with the issue of the po- the Northeast Detroit Community Health treatment, and enhancing civil participa- litical status of Puerto Rico, and the scope Center as a Federally Qualified Health Care tion; and of the relationship with the United States of Center; to the Committee on Health, Edu- Whereas, even though federal laws guar- America. In this referendum a constitutional cation, Labor, and Pensions. antee American workers the right to choose for themselves whether to form a union, em- assembly will be presented as an alternative. HOUSE CONCURRENT RESOLUTION NO. 68 More than fifty years have elapsed since ployers across the nation routinely violate Whereas, Michigan’s largest city faces the establishment of the present status, and that right; workers are harassed, intimi- enormous challenges related to the health of considering the manifest expressions of all dated, coerced, and even fired, just for exer- its citizens. Difficult economic conditions, representative sectors of the country on the cising, or attempting to exercise, this funda- including high rates of poverty and unin- need to make changes to the present rela- mental freedom; and tionship, it is proper for this Legislature to sured residents, have contributed to a host of Whereas, the freedom to join a union is consult the people in order to initiate the serious problems. The health of Detroit’s recognized as a fundamental human right; process to elect an adequate mechanism to residents is clearly a major concern and a and deal with the political status of Puerto Rico threat to the state’s future; and Whereas, when employers violate the right and its relationship with the United States Whereas, the northeastern region of the of workers to form a union, everyone suf- of America: Be it city is especially underserved by medical fers—wages fall, race and gender pay gaps Resolved by the legislature of Puerto Rico: professionals and facilities. The eight-square widen, workplace discrimination increases, Section 1.—Statement of Public Policy. mile area being targeted for the establish- and job safety standards disappear; and It is hereby declared that the People of ment of a federally qualified health care cen- Whereas, most employer violations occur Puerto Rico have the inalienable natural ter has an infant mortality rate that is twice behind closed doors and each year employers right to self-determination and political sov- the state’s, a lifespan of only 68.5 years, and spend millions of dollars to defeat unioniza- ereignty. In accordance thereto, this Legisla- a rate of uninsured residents over 45 percent; tion; and ture declares that, upon the failure of sev- and Whereas, a worker’s fundamental right to eral processes for the exercise of this right, Whereas, Advantage Health Centers has choose a union is a public issue that requires it is imperative for the people to exercise the proposed to establish the NorthEast Detroit public policy solutions, including legislative same through a Constitutional Assembly on Community Health Center, in partnership change; and the status of the relationship between Puer- with St. John Health, under the United Whereas, S. 1925 and H.R. 3619 have been in- to Rico and the United States of America. States Health and Human Services Section troduced this session in Congress, which in- Section 2.—The Legislature acknowledges 330 federally qualified health care center pro- troductions mark the first time in two dec- the Report rendered on March 11, 2002, as di- gram. This initiative would represent a ades that Congress is considering legislation

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 17, 2005 CONGRESSIONAL RECORD — SENATE S1617 that aims to restore the freedom of workers (i) an ammunition magazine that attaches fications to make them more potent and le- to join a union; and to the pistol outside of the pistol grip; thal. Furthermore, police authorities are Whereas, the Employee Free Choice Act (S. (ii) a threaded barrel capable of accepting constantly risking their lives since some of 1925 and H.R. 3619) would, when a majority of a barrel extender, flash suppressor, forward these weapons have the capacity to pene- employees in a unit appropriate for bar- handgrip or silencer; trate the bulletproof vests used as a means gaining voluntarily sign authorizations (iii) a shroud that is attached to, or par- of protection. (commonly known as ‘‘card check’’ recogni- tially or completely encircles the barrel and In view of the above, several Island news- tion) designating an individual or labor orga- that permits the shooter to hold the firearm papers have published articles on the fact nization as their bargaining representative, with the nontrigger hand without being that the majority of the people of Puerto authorize the National Labor Relations burned; Rico are against allowing the possession, Board to certify that individual or labor or- (iv) a manufactured weight of 50 ounces or sale and use of said assault weapons, and ganization as the exclusive bargaining rep- more when the pistol is unloaded; and that the parents of victims murdered with resentative of those employees; and (v) a semiautomatic version of an auto- the banned weapons have also stated that Whereas, the Employee Free Choice Act matic firearm; and they favor the continuation of the effective- would also provide for first contract medi- (D) a semiautomatic shotgun that has at ness of the federal law, supra. Therefore, ation and arbitration, establish meaningful least 2 of— after knowing of the devastation that this penalties to be imposed on employers that (i) a folding or telescoping stock; type of military weapon can cause to the ci- violate the right of workers to join a union, (ii) a pistol grip that protrudes conspicu- vilian population in the hands of criminals, and include, for workers, the same process ously beneath the action of the weapon; this High Body has the moral imperative to for immediate relief from illegal conduct (iii) a fixed magazine capacity in excess of make itself be heard, on behalf of the people that the law presently gives only to employ- 5 rounds; and it represents, before the federal authorities ers: Now, therefore be it (iv) an ability to accept a detachable mag- regarding the continuation of the effective- Resolved by the Assembly and Senate of the azine.’’ ness of the Federal Assault Weapons Act, State of California, jointly, That the Legisla- In view of this situation, the Police De- and that new and more severe penalties be ture of the State of California hereby sup- partments and Mayors of several cities have established for those who violate this Law: ports and urges the Congress of the United been lobbying in the Congress and with the Be it States to pass the Employee Free Choice Hon. George Bush, President of the United Resolved by the senate of Puerto Rico: Act; and be it further States of America for the approval of the ex- Section 1.—To state the most vehement Resolved, That the Chief Clerk of the As- tension of said law, and thus the continu- support of the Senate of the Commonwealth sembly transmit copies of this resolution to ation of the assault weapons ban. of Puerto Rico to the continuation of the the President and Vice President of the The AWL, which bans the manufacture and ban established in the Federal Assault Weap- United States, to be Speaker of the House of sale of the above specified military style ons Act of 1994, and for its effectiveness to Representatives, to the Majority Leader of weapons was passed 10 years ago, however, it continue as well as the ban on the use of as- the Senate, and to each Senator and Rep- included a clause for its renewal this year sault weapons (automatic rifles) by the civil- resentative from California in the Congress and for another ten year period until 2014. In ian population. of the United States. order for this clause to become effective it Section 2.—A copy of the Resolution of must have the support of the Congress and be this High Body, translated into the English POM–16. A resolution adopted by the Sen- signed by the President of the United States. language, shall be remitted to all the mem- ate of the Legislature of the Commonwealth In spite of the ban on the sale of assault bers of the United States Congress and to the of Puerto Rico relative to the Federal As- weapons, Mr. Bill Bratton, Chief of the Los Hon. George Bush, President of the United sault Weapons Act of 1994 continues in effect; Angeles Police, has stated that it is not un- States of America. to the Committee on the Judiciary. usual to find this type of weapon in the Section 3.—Likewise, a copy of this Reso- lution shall be delivered to the communica- SENATE RESOLUTION NO. 4623 hands of criminals or gangmembers in his tions media for its corresponding diffusion. A furor has recently boomed on our Island city; however, he reaffirmed that thanks to this measure, local violent delinquency has Section 4.—This Resolution shall take ef- regarding the possible repeal of the Federal fect immediately after its approval. Assault Weapons Act of 1994, whose term of dropped by 67%. Chief Bratton and the Mayor effectiveness expires on September 14, 2004. of Los Angeles, James Hahn, made this call POM–17. A resolution adopted by the Gen- This Act, which bans the use, purchase and to the Congress and to the President, while eral Assembly of the State of New Jersey rel- sale of 19 large caliber weapons, with the ex- other authorities have done so in several cit- ative to making the Republic of Poland eligi- ception of the exclusive use thereof by the ies of the United States. ble for the United States Department of U.S. Department of Defense, was established It is proper to point out that these weap- State’s Visa Waiver Program; to the Com- by an amendment to the Federal Violent ons are manufactured for the Army and that mittee on the Judiciary. they are being used, at present, in the War Crime Control and Law Enforcement Act. ASSEMBLY RESOLUTION NO. 122 against Iraq and in Afghanistan, and most Said banned weapons, as they are appear in Whereas, the Republic of Poland is a free, literal detail in Title 18, Chapter 44, Section certainly are not to be used in the streets of our country. It is imperative for the United democratic and independent nation; and 921 of the United States Code, are the fol- Whereas, in 1999, the United States and the lowing: States Congress to take immediate action and that it protect us from this type of weap- Republic of Poland became formal allies ‘‘(A) any of the firearms, or copies or dupli- when Poland was granted membership in the cates of the firearms in any caliber, known on designed for mass destruction. Furthermore, it is necessary to clarify North Atlantic Treaty Organization; and as— Whereas, the Republic of Poland has prov- that in spite of the existence of said measure (i) Norinco, Mitchell, and Poly Tech- en to be an indispensable ally in the global for ten years, one out of every five fallen nologies Avtomat Kalashnikovs (all models); campaign against terrorism; and (ii) Action Arms Israeli Military Industries agents of the Los Angeles Police Department Whereas, the Republic of Poland has ac- UZI and Galil; have been gunned down by this type of weap- tively participated in Operation Iraqi Free- (iii) Beretta Ar70 (SC–70); on in the streets of said city, as it appears in dom and the Iraqi reconstruction, shedding (iv) Colt AR–15; their records and from statements of the blood along with American soldiers; and (v) Fabrique National FN/FAL, FN/LAR, Chief of Police of said city. Whereas, the President of the United and FNC; In the case of Puerto Rico, 16 year old Ni- States and other high ranking officials have (vi) SWD M–10, M–11, M–11/9, and M–12; cole Mun˜ iz was gunned down accidentally described Poland as ‘‘one of our closest (vii) Steyr AUG; through the indiscriminate and illegal use of (viii) INTRATEC TEC–9, TEC–DC9 and friends;’’ and the weapons banned by the federal law. This Whereas, on April 15, 1991, the Republic of TEC–22; and High Puerto Rican Legislative Body most Poland unilaterally repealed the visa obliga- (ix) Revolving cylinder shotguns, such as certainly deems it imperative to do all that (or similar to) the Street Sweeper and Strik- tion to United States citizens traveling to is in its power to eliminate them from the Poland; and er 12; streets and the hands of criminals, who take (B) a semiautomatic rifle that has an abil- Whereas, the United States Department of lives right and left, with no regard whatso- ity to accept a detachable magazine and has State’s Visa Waiver Program currently al- ever for the innocent people of our Island. at least 2 of— lows approximately 23 million citizens from (i) a folding or telecoping stock; Likewise, it also appears in the records of 27 countries to travel to the United States (ii) a pistol grip that protrudes conspicu- the Puerto Rico Police that most of the for tourism or business for up to 90 days ously beneath the action of the weapon; weapons seized are designed for the battle- without having first to obtain visas for (ii) a bayonet mount; fields, many of which became of public use entry; and (iv) a flash suppressor or threaded barrel during the Viet Nam conflict and belong to Whereas, the countries that currently par- designed to accommodate a flash suppressor; the group of weapons banned in the federal ticipate in the Visa Waiver Program include and legislation. However, at present many per- Andorra, Australia, Austria, Belgium, (v) a grenade launcher; sons, particularly drug dealers, manage to Brunei, Denmark, Finland, France, Ger- (C) a semiautomatic pistol that has an obtain them and use their powerful weapons many, Iceland, Ireland, Italy, Japan, Liech- ability to accept a detachable magazine and against the authorities. The design of many tenstein, Luxembourg, Monaco, the Nether- has at least 2 of— of these weapons is altered, including modi- lands, New Zealand, Norway, Portugal, San

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1618 CONGRESSIONAL RECORD — SENATE February 17, 2005 Marino, Singapore, Slovenia, Spain, Sweden, of a recent study published in the Archives the President and Vice President of the Switzerland and the United Kingdom; and of Pediatrics and Adolescent Medicine that United States, to the Commissioner of the Whereas, it is appropriate that the Repub- identified a rapid increase in the proportion Food and Drug Administration, to the Sec- lic of Poland be made eligible for the United of children and adolescents in the United retary of Health and Human Services, and to States Department of State’s Visa Waiver States taking all types of psychiatric medi- each Senator and Representative from Cali- Program: Now, therefore, be it cations from the mid-1980s to the mid-1990s fornia in the Congress of the United States. Resolved by the General Assembly of the State and that spotlighted the relative lack of of New Jersey: knowledge about the unknown long-term ef- POM–19. A Joint Resolution adopted by the 1. The General Assembly of the State of fects of these medications on the pediatric Assembly of the State of California relative New Jersey respectfully urges the President and adolescent population; and to veterans benefits; to the Committee on of the United States and the Congress of the Whereas, the Pediatric Research Equity Veterans’ Affairs. United States to make the Republic of Po- Act will prompt the development of a solid ASSEMBLY JOINT RESOLUTION NO. 36 land eligible for the United States Depart- body of long term research and testing that ment of State’s Visa Waiver Program. is needed to determine the long-term safety Whereas, in addition to the benefits pro- 2. Duly authenticated copies of this resolu- of psychiatric medications in light of earlier vided by the United States Department of tion, signed by the Speaker of the General ages of initiation and longer duration of Veterans Affairs, various states have recog- Assembly and attested to by the Clerk there- treatment and that is needed to examine nized and rewarded the tremendous sacrifices of, shall be transmitted to the President of drug concentrations in body fluids and tis- made by our nation’s veterans; and the United States, the presiding officers of sues over time in children and adolescents to Whereas, the State of California acknowl- the United States Senate and House of Rep- determine the appropriate dosage and fre- edges the failure to fully recognize and sup- resentatives, every member of the New Jer- quency for youth of different ages and body port the sacrifices made by our military vet- sey Congressional delegation, and sizes; and erans, most notably after the Vietnam War; Przemyslaw Grudzinski, the Ambassador of Whereas, prior to the enactment of the Pe- and the Republic of Poland to the United States. diatric Research Equity Act and, as cited in Whereas, the California Department of This resolution urges the President and the landmark 2000 Report of the U.S. Sur- Veterans Affairs is committed to conferring the Congress of the United States to make geon General on Mental Health, physicians, and administering veterans benefits provided the Republic of Poland eligible for the specifically child and adolescent psychia- by a grateful State of California to its de- United States Department of State’s Visa trists, relied on data from studies in adults, serving veterans and their dependents; and Waiver Program. The Visa Waiver Program any clinical or anecdotal reports of use in Whereas, in the past decade, the California currently allows approximately 23 million child and adolescent patients, studies con- Department of Veterans Affairs actively lob- citizens from 27 countries to travel to the ducted outside the United States, and the ex- bied federal legislators to enact changes in United States for tourism or business for up perience of colleagues when making deci- current federal legislation that would extend to 90 days without having first to obtain sions to prescribe drugs, including psycho- home ownership opportunities for Vietnam visas for entry. tropic medications, to the pediatric and ado- War veterans; and The Republic of Poland is a member of the lescent population; and Whereas, home ownership is viewed by North Atlantic Treaty Organization, an ally Whereas, when prescribed appropriately by many as a cherished component of the Amer- of the United States and in the global cam- a psychiatrist, preferably a child and adoles- ican dream; and paign against terrorism, and an active par- cent psychiatrist, taken as prescribed, and Whereas, enabling veterans to achieve ticipant in Operation Iraqi Freedom and the used in conjunction with a comprehensive home ownership at a lower cost is but a Iraqi reconstruction. It provides visa-free treatment plan that includes psychotherapy, small reward for their faithful service in the travel for citizens of the United States. medication may reduce or eliminate symp- United States Armed Forces; and toms and improve the daily functioning of Whereas, in appreciation of this service on POM–18. A Joint Resolution adopted by the children and adolescents diagnosed with psy- behalf of our state and nation, the States of Assembly of the State of California relative chiatric disorders, and California, Wisconsin, Texas, Oregon, and to psychotropic drugs and youth; to the Whereas, the Pediatric Research Equity Alaska have offered low interest rates on Committee on Health, Education, Labor, and Act is important legislation that will raise home loan mortgages to eligible veterans for Pensions. awareness that, because children and adults many decades; and ASSEMBLY JOINT RESOLUTION NO. 41 react to drugs in different ways, trying to Whereas, these programs have assisted calculate dosages on the basis of what is ap- Whereas, Federal legislation, known as the over a million veterans in obtaining afford- propriate for adults risks over- and under- Pediatric Research Equity Act of 2003 (S. able housing and in making a better life for medicating children; and 650), was introduced in the Senate of the themselves and their dependents; and Whereas, according to the American Acad- Whereas, these states utilize tax-exempt United States on March 18, 2003, passed by emy of Pediatrics, only approximately 25 Congress in July, 2003, and signed by the bonds known as Qualified Veterans Mortgage percent of all drugs on the market today Bonds (QVMBs) to fund almost all of the President on December 3, 2003; and have been tested or labeled for safe and effec- Whereas, the purpose of the Pediatric Re- home purchase and home improvement loans tive use in children; and made to veterans; and search Equity Act of 2003 is to provide the Whereas, according to the FDA, pediatric Food and Drug Administration (FDA) with Whereas, current federal law governing the testing has been done on 91 medications, use of tax-exempt bonds used to fund these clear authority to require pediatric studies which is far less than the 400 drugs for which loans, as contained in Section 143(l)(4) of the of drugs to ensure their safe and effective use the agency has requested studies in children; Internal Revenue Code, unfairly limits these for children and the act applies to all medi- and cations whose intended use in pediatrics is Whereas, as a result of the Pediatric Re- programs to only those veterans who served the same as adults, thus ensuring complete search Equity Act, increased testing and re- prior to January 1, 1977; and information about the effects of the drug on search on drugs prescribed for children will Whereas, this restriction unfairly prevents children; and help guide sound treatment planning, in- all veterans serving active duty post-1976 Whereas, the Pediatric Research Equity crease access to more effective treatment op- from using QVMBs, including over 500,000 Act is landmark legislation that gives the tions for children and adolescents living with men and women who served in Operation FDA the full authority to require drug man- physical and mental illnesses, and Desert Shield and Operation Desert Storm ufacturers to test new medicines in children destigmatize child and adolescent mental ill- and over 380,000 members serving in Oper- and the full power to order testing of older nesses; and ation Enduring Freedom and Operation Iraqi drugs, including psychiatric medications, Whereas, children are a unique population Freedom; and that are widely prescribed in children if com- with special medical needs and access to Whereas, these courageous men and panies do not conduct studies voluntarily; drugs that have been properly tested for pe- women, many serving in harm’s way even and diatric use will ensure that they are safe and today, deserve the same benefits offered to Whereas, the Pediatric Research Equity will work to ease children’s pain and suf- their earlier comrades in arms, yet the Act will provide child and adolescent psychi- fering or make them healthy: Now, there- states in which they and their families reside atrists with safety and efficacy information fore, be it are being denied the opportunity to use about medications they prescribe for chil- Resolved by the Assembly and Senate of the QVMBs; and dren and adolescents with mental illnesses; State of California, jointly, That the Legisla- Whereas, Congress has failed to remedy and ture of the State of California commends the this discriminatory federal provision on be- Whereas, there are an estimated six mil- Congress and the President of the United half of these deserving men and women, de- lion children in the United States between States for enacting the landmark Pediatric spite the fact that it will not increase federal the ages of six and 18 years of age taking Research Equity Act of 2003 and thereby rec- discretionary spending: Now, therefore, be it psychotropic drugs, including stimulants ognizing the importance of testing the safety Resolved by the Assembly and Senate of the such as Ritalin, antidepressants such as and effectiveness of drugs for pediatric use, a State of California, jointly, That the Legisla- Paxil, Prozac, or Zoloft, and amphetamines victory for children’s health and well-being; ture of the State of California memorializes such as Dexedrine; and and be it further the President and the Congress of the United Whereas, the Pediatric Research Equity Resolved, That the Chief Clerk of the As- States to support legislative action to imme- Act is timely legislation, especially in light sembly transmit copies of this resolution to diately remove the discriminatory portion of

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 17, 2005 CONGRESSIONAL RECORD — SENATE S1619 Section 143(l)(4) of the Internal Revenue Code Whereas, the Veterans’ Administration Whereas, the Central Valley is the most so that today’s veterans and their families purchasing system could be adopted to save rapidly growing part of California, and one of might enjoy the same benefits as their ear- billions of dollars for the Medicare program the most rapidly growing areas of the na- lier counterparts; and be it further and its beneficiaries, as well as state and tion, and future demand will make all of the Resolved, That the Chief Clerk of the As- local government programs; and arguments for upgrading State Highway sembly transmit copies of this resolution to Whereas, the federal Medicare Prescription Route 99 even more urgent: Now, therefore, the President and Vice President of the Drug, Improvement, and Modernization Act be it United States, to the Speaker of the House of 2003 does nothing to control the high cost Resolved by the Assembly and Senate of the of Representatives, to the Majority Leader of of drugs and in fact, explicitly prohibits the State of California, jointly, that the Legisla- the Senate, and to each Senator and Rep- federal government from using its volume ture of the State of California hereby re- resentative from California in the Congress purchasing power to lower drug prices that spectfully memorializes the President and of the United States, and to the Secretary of will be paid by the government as part of the the Congress of the United States to enact the Department of Veterans Affairs. new Medicare drug benefit: Now, therefore, legislation to include State Highway Route be it 99 in the interstate highway system only POM–20. A Joint Resolution adopted by the Resolved by the Assembly and Senate of the when the following actions take place: Assembly of the State of California relative State of California, jointly, That the Legisla- (a) The President or Congress requests and to prescription drugs; to the Committee on ture of the State of California calls upon the is granted an exemption for State Highway Finance. California delegation of the United States Route 99 from all federal interstate require- ments or that the state be exempted from fi- ASSEMBLY JOINT RESOLUTION NO. 62 Senate and House of Representatives to sponsor and support legislation to repeal any nancing any costs to upgrade the highway Whereas, rapidly increasing health care Medicare provisions that would prohibit the pursuant to those requirements. costs are placing a growing burden on em- federal government from negotiating fair (b) The current $16.1 million from the Traf- ployers, workers, and publicly funded health drug prices, specifically as found in Section fic Congestion Relief Program designated for programs; and 1860D of the federal Medicare Prescription State Highway Route 99, which is currently Whereas, recent federal statistics show Drug, Improvement, and Modernization Act contingent upon proceeds that would result that health care spending increased 9.3 per- of 2003 (Public Law 108–173); and be it further from the Governor reaching pacts with tribal cent in 2002, which is a rate five times great- Resolved, That the Chief Clerk of the As- gaming interests, are expended on State er than the overall rate of inflation and the sembly transmit copies of this resolution to Highway Route 99. largest increase in 11 years; and the President and Vice President of the (c) State Highway Route 99 is granted a Whereas, employer health premium costs United States, to the Speaker of the House historic designation of ‘‘Historic Route 99’’; in the United States rose 14.7 percent in 2003 of Representatives, to the Majority leader of and be it further and are projected to increase by another 12.6 the Senate, and to each Senator and Rep- Resolved, That the Chief Clerk of the As- percent in 2004; and resentative from California in the Congress sembly transmit copies of this resolution to Whereas, one of health care’s major cost of the United States. the President and Vice President of the drivers has been prescription drugs; and United States, the Speaker of the House of Whereas, prescription drug spending in- POM–21. A Joint Resolution adopted by the Representatives, the Minority Leader of the creased 15.3 percent in 2002 after increasing Assembly of the State of California relative House of Representatives, the Majority an average 17.3 percent in 2000 and 2001; and to State Highway Route 99; to the Com- Leader of the Senate, the Minority Leader of Whereas, prescription drug costs for the mittee on Environment and Public Works. the Senate, and to each Senator and Rep- taxpayer financed Medi-Cal fee-for-service resentative from California in the Congress program reached $2.9 billion in the 2002–03 ASSEMBLY JOINT RESOLUTION NO. 63 of the United States. fiscal year and are projected to rise to $3.8 Whereas, the State Highway Route 99 cor- billion in the 2004–05 fiscal year; and ridor has the largest urban area not in the POM–22. A Joint Resolution adopted by the Whereas, private health plans and the Cali- interstate highway system and Fresno is the Assembly of the State of California relative fornia Public Employees’ Retirement Sys- largest city in the United States not served to Equal Pay Day; to the Committee on tem, which is the state employees’ health by an interstate highway; and Health, Education, Labor, and Pensions. program, report annual double-digit in- Whereas, studies have long shown that eco- ASSEMBLY JOINT RESOLUTION NO. 66 creases in prescription drug spending, de- nomic development is enhanced in areas that Whereas, forty-one years after the passage spite benefit changes such as increased co- are close to interstate highways; and of the Federal Equal Pay Act and Title VII payments and multitiered copayments that Whereas, the Central Valley of California of the Federal Civil Rights Act of 1964, Amer- increase the burden on subscribers; and has the highest concentration of unemploy- ican women continue to suffer disparities in Whereas, seniors who require more medica- ment in the United States, and unemploy- wages that cannot be accounted for by age, tions on average have been especially hard ment has been a persistent problem that education, or work experience; and hit by rising prescription drug costs and co- needs to have extraordinary efforts applied Whereas, according to the United States payments; and to it; and Census Bureau, in 2002, American women Whereas, even seniors with drug coverage Whereas, the interstate highway system working full-time year-round earned on av- find the cost of prescription drugs often far was designed to help all regions of the nation erage 76.6 cents for every dollar earned by exceeds their coverage limits and must and promote interstate commerce and inter- full-time working American men; and choose between food, rent, and needed medi- national trade; and Whereas, a General Accounting Office re- cations; and Whereas the omission of highways in the port on women’s earnings show that there Whereas, Americans are paying more for urban areas of the Central Valley from the exists an inexplicable wage gap of approxi- prescription drugs than people in other coun- interstate highway system cannot be justi- mately 20 percent, even after taking into ac- tries; and fied and should be remedied; and count work experience, education, occupa- Whereas, one drug can cost five to 10 times Whereas, Interstate Highway 5 has been tion, industry of current employment, and more in the United States than in Canada or designated the NAFTA corridor, even though other demographic and job characteristics; Europe; and most of the trucks engaged in international and Whereas, one in five adults cannot afford trade and commerce travel on State High- Whereas, in the 41 years since the Equal to buy some or all of his or her prescribed way Route 99; and Pay Act, the gap has narrowed by less than medicines; and Whereas, truck cargo volumes on State half, from 41 cents per dollar to 22 cents, and Whereas, unaffordable prescription drugs Highway Route 99 exceed those on Interstate research by the Institute for Women’s Policy and budget deficits have forced American Highway 5 and are among the highest in the Research finds that recent change is due cities, states, and individuals to turn to Can- entire nation, and this is the only segment of large in part to men’s real wages falling, not ada for affordable drugs; and the federal highway system with this level of women’s wages rising; and Whereas, negotiating price reductions has traffic not in the interstate highway system; Whereas, California ranks fifth among all been shown to lower drug prices in various and states in equal pay, yet it ranks 39th among state adopted programs, including the Medi- Whereas, any effort to reduce truck con- all states in progress in closing the hourly Cal program; and gestion and other traffic congestion contrib- wage gap, and at the current rate of change Whereas, the Veterans’ Administration ag- utes to the reduction of air pollution, which California working women will not have gressively negotiates lower drug prices is critically needed in the Central Valley; equal pay for another 40 years; and through its nationwide pharmacy benefits and Whereas, the consequences of the wage gap program, which provides drugs for veterans Whereas, tourists to national parks adja- reach beyond working women and extend to at deep discounts; and cent to the Central Valley generally travel their families and the economy, to the ex- Whereas, last year, the Veterans’ Adminis- State Highway Route 99 although families tent that, in 1999, even after accounting for tration filled 108 billion prescriptions at a prefer to travel to their designations along differences in education, age, location, and cost of $2.8 billion, with savings to the fed- interstate highways that are known to be the number of hours worked, America’s eral government from negotiated drug prices twice as safe as other highways, and tourism working families lost $200 billion of annual that are estimated to be in the hundreds of would be enhanced if State Highway Route income to the wage gap, with an average of millions of dollars; and 99 is upgraded to an interstate highway; and $4,000 per family; and

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1620 CONGRESSIONAL RECORD — SENATE February 17, 2005 Whereas, women play a crucial role in the President and Vice President of the Whereas, Californians would greatly re- maintaining the financial well-being of their United States, to the Speaker of the House duce their gasoline dependence, improve families by providing a significant percent- of Representatives, to the Majority Leader of their own economic condition, and signifi- age of their household incomes and, in many the Senate, and to each Senator and Rep- cantly better the environment and public cases, women head their own households; and resentative from California in the Congress health if they were to embrace the use of hy- Whereas, pay inequity results in a higher of the United States. brid electric vehicles that achieve at least 45 poverty rate for women, particularly in miles per gallon ratings; and women-headed households, as evidenced by POM–23. A Joint Resolution adopted by the Whereas, the primary purpose of High Oc- figures from the McAuley Institute which in- Assembly of the State of California relative cupancy Vehicle (HOV) lanes is to relieve dicate that for families that are headed by a to hybrid electric vehicles; to the Committee traffic congestion by offering persons who woman and have children under the age of on Commerce, Science, and Transportation. carpool an easier commute; and five years, the poverty rate is an astonishing ASSEMBLY JOINT RESOLUTION NO. 74 Whereas, in many instances, California’s 46.4 percent; and Whereas, the price for gasoline has reached HOV lanes have excess capacity that could Whereas, women currently account for 47 record levels in California, climbing to an allow them to accommodate single-occupant percent of the labor force, and by 2005 are ex- all-time high in Los Angeles and the bay hybrid electric vehicles temporarily, without pected to comprise 48 percent of the labor area, and potentially rising even higher dur- degrading the HOV lanes’ traffic flow or di- force; and ing the summer; and minishing their attractiveness to carpools: Whereas, educated women are not exempt Whereas, increasing gasoline prices can Now, therefore, be it from pay disparity; and have a negative impact on California’s econ- Resolved by the Assembly and Senate of the Whereas, in 2001 the median weekly earn- omy because rising oil prices drive up the av- State of California, jointly, That the President ings of female full-time workers with a col- erage cost of production of goods and serv- and the Congress of the United States of lege degree was 72.5 percent of their male ices throughout the economy and reduce the America are urged to take legislative action counterparts; and real income of consumers through higher to allow single-occupant hybrid electric ve- Whereas, according to the United States fuel prices; and hicles that achieve a fuel economy highway Census Bureau March 2002 Current Popu- Whereas, California is susceptible to rating of at least 45 miles per gallon, and lation Survey, women with a master’s degree chronic price spikes in gasoline due to tight conform to any additional emissions cat- on average earn less than men with a bach- supplies of refined gasoline and a lack of egory of the federal Environmental Protec- elor’s degree; and competition among the companies that tion Agency or the California Air Resources Whereas, the wage gap is even wider for produce and sell gasoline; and Board, or meet any other requirements iden- women of color, as evidenced by a 2001 sta- Whereas, California’s demand for petro- tified by the responsible agency, to travel in tistic that reported that African-American leum transportation fuels will continue to California’s High Occupancy Vehicle (HOV) women earned 69 percent and Hispanic grow, and is expected to increase by 50 per- lanes; and be it further women earned 56 percent of average white cent in the next 20 years, as the number of Resolved, That the Chief Clerk of the As- male earnings; and registered vehicles in California increases to sembly transmit copies of this resolution to Whereas, the wage gap is also prevalent 31.5 million by the year 2020; and the President and Vice President of the within minority communities, as shown by a Whereas, California’s refining capacity has United States, to the Speaker of the House 2002 report that African-American women not been able to keep up with the growing of Representatives, to the Majority Leader of earned 91 percent of what African-American demand for transportation fuels and is in- the Senate, and to each Senator and Rep- men earned, and Hispanic women earned 88 creasingly dependent on the importation of resentative from California in the Congress percent of what Hispanic men earned; and foreign crude oil, much of which comes from of the United States. Whereas, even in professions in which politically unstable regions of the world; and women comprise a majority of workers, such Whereas, this growing dependence on oil POM–24. A resolution adopted by the as nursing and teaching, men earn an aver- from unstable regions makes the state’s Mayor and City Council of Atlanta, Georgia age of 20 percent more than women working economy more vulnerable to external disrup- relative to the denunciation of the actions of in these same occupations; and tions and volatile fuel prices; and the Janjaweed in Sudan and urging the Su- Whereas, according to the data analysis of Whereas, increasing use of petroleum fuels danese government to cut its ties to the Mi- over 300 jobs classifications provided by the results in additional climate change emis- litia responsible and demand that they dis- United States Department of Labor, Bureau sions including carbon dioxide, and global arm immediately; and for other purposes; to of Labor Statistics, women are paid less in climate change is projected to cause environ- the Committee on Foreign Relations. every occupational classification for which mental and economic damage to California; POM–25. A resolution adopted by the Board sufficient information is available; and and of Commissioners of Ferry County, State of Whereas, the wage gap continues to affect Whereas, increasing use of gasoline causes Washington, relative to supporting county women in their senior years as lower wages a decline in air quality, thereby adversely af- custom, culture, and heritage in decision result in lower pensions and incomes after fecting public health; and making on federal lands in Ferry County, retirement, and affect a women’s ability to Whereas, the world supply of petroleum is State of Washington; to the Committee on save, thereby contributing to a higher pov- expected to fall short of demand after the Energy and Natural Resources. erty rate for elderly women; and year 2020, causing the price of petroleum POM–26. A resolution adopted by the Fleet Whereas, the average 25-year-old woman products to increase significantly; and Reserve Association, Latte Stone Branch 73, who works full-time, year-round, is projected Whereas, on-road fuel economy of cars and Young Men’s League of Guam relative to Pe- to earn $523,000 less over the course of her ca- light-duty trucks has remained relatively titions from the People of Guam in Support reer than the average 25-year-old man who constant since 1985, and has actually de- of the Findings and Recommendations of the works full-time year-round; and creased in years as consumers purchase War Claims Review Commission; to the Com- Whereas, if women were paid the same as greater percentages of sport utility vehicles; mittee on Energy and Natural Resources. men who work the same number of hours, and POM–27. A resolution adopted by the have the same education and same union sta- Whereas, most technological improve- Mayor and City Council of Atlanta, Georgia tus, are the same age, and live in the same ments to engines and vehicles have been used relative to supporting the District of Colum- region of the country, then the annual fam- to increase performance and overcome gains bia’s right to have its elected Representative ily income of each of these women would rise in weight, rather than to improve fuel econ- have full voting rights in the United States by $4,000, and the number of families who omy; and House of Representatives and for other pur- live below the poverty line would be reduced Whereas, Californians would consume 30 poses; to the Committee on Foreign Rela- by half: Now, therefore, be it percent less gasoline by 2020 if fuel efficiency tions. Resolved by the Assembly and Senate of the in new model light-duty vehicles were dou- f State of California, jointly, That the Legisla- bled to at least 40 miles per gallon, and that ture hereby declares April 20, 2004, to be reduction in gasoline consumption would re- REPORTS OF COMMITTEES ‘‘Equal Pay Day’’ in California and urges sult in increased air quality throughout the The following reports of committees California citizens to recognize the full value state as well as a reduction in the state’s de- were submitted: and worth of women and their contributions pendency on foreign sources of petroleum; By Mr. HATCH (for Mr. SPECTER), from the to the California workforce; and be it further and Committee on the Judiciary, with amend- Resolved, That the Legislature respectfully Whereas, hybrid electric drive train tech- ments: urges the Congress of the United States to nology can significantly increase vehicle fuel S. 256. A bill to amend title 11 of the protect the fundamental right of all Amer- efficiency and, simultaneously, greatly re- United States Code, and for other purposes. ican women to receive equal pay for equal duce a vehicle’s smog-forming emissions; and work, and to continue to provide more effec- Whereas, several vehicle models, using hy- f tive remedies to victims of discrimination in brid electric drive train technology that EXECUTIVE REPORTS OF the payment of wages on the basis of sex; and achieves at least 45 miles per gallon and as COMMITTEES be it further much as 70 miles per gallon fuel efficiency Resolved, That the Chief Clerk of the As- ratings, are readily available to consumers The following executive reports of sembly transmit copies of this resolution to in California; and committees were submitted:

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 17, 2005 CONGRESSIONAL RECORD — SENATE S1621 By Mr. WARNER for the Committee on the Senate and appeared in the Congres- ate and appeared in the Congressional Armed Services. sional Record on February 8 , 2005. Record on January 6, 2005. *Buddie J. Penn, of Virginia, to be an As- Air Force nomination of Glenn T. Lunsford Army nominations beginning with Bruce sistant Secretary of the Navy. to be Colonel. A. Mulkey and ending with Jerome F. Air Force nominations beginning with Air Force nomination of Frederick E. Stolinski, Jr., which nominations were re- Brigadier General Mark W. Anderson and Jackson to be Colonel. ceived by the Senate and appeared in the ending with Colonel Carl M. Skinner, which Air Force nominations beginning with Congressional Record on January 6, 2005. nominations were received by the Senate and Robert G. Pate and ending with Dwayne A. Army nomination of Matthew R. Segal to appeared in the Congressional Record on Stich, which nominations were received by be Colonel. January 31, 2005. the Senate and appeared in the Congres- Army nominations beginning with Casa- Army nomination of Maj. Gen. Karl W. sional Record on February 8, 2005. nova C. Ochoa and ending with Charles R. Eikenberry to be Lieutenant General. Air Force nomination of Kelly E. Nation to Platt, which nominations were received by Marine Corps nominations beginning with be Captain. the Senate and appeared in the Congres- Brigadier General Thomas A. Benes and end- Air Force nominations beginning with sional Record on January 6, 2005. ing with Brigadier General Richard C. Lourdes J. Almonte and ending with Robert Army nominations beginning with Ken- Zilmer, which nominations were received by J. Weisenberger, which nominations were re- neth R. Greene and ending with William F. the Senate and appeared in the Congres- ceived by the Senate and appeared in the Roy, which nominations were received by sional Record on February 8, 2005. Congressional Record on February 8, 2005. the Senate and appeared in the Congres- Marine Corps nominations beginning with Air Force nominations beginning with sional Record on January 6, 2005. Colonel George J. Allen and ending with Brian F. Agee and ending with Lun S. Yan, Army nominations beginning with James Colonel John E. Wissler, which nominations which nominations were received by the Sen- E. Ferrando and ending with Terry R. So- were received by the Senate and appeared in ate and appeared in the Congressional pher, Jr., which nominations were received the Congressional Record on February 8, Record on February 8, 2005. by the Senate and appeared in the Congres- 2005. Air Force nominations beginning with sional Record on January 6, 2005. Navy nomination of Adm. William J. Michelle D. Allenmccoy and ending with Army nominations beginning with Billy J. Fallon to be Admiral. Erin Bree Wirtanen, which nominations were Blankenship and ending with William J. Navy nomination of Vice Adm. Robert F. received by the Senate and appeared in the Oneill, which nominations were received by Willard to be Admiral. Congressional Record on February 8, 2005. the Senate and appeared in the Congres- Navy nomination of Adm. John B. Air Force nominations beginning with sional Record on January 6, 2005. Nathman to be Admiral. James R. Abbott and ending with An Zhu, Army nominations beginning with Mark E. Navy nomination of Rear Adm. Terrance which nominations were received by the Sen- Coers and ending with Richard A. Weaver, T. Etnyre to be Vice Admiral. ate and appeared in the Congressional which nominations were received by the Sen- Record on February 8, 2005. ate and appeared in the Congressional Mr. WARNER. Mr. President, for the Record on January 6, 2005. Committee on Armed Services I report Air Force nominations beginning with Jo- seph B. Anderson and ending with Kondi Army nominations beginning with Jeffrey favorably the following nomination Wong, which nominations were received by T. Altdorfer and ending with Joseph E. Roo- lists which were printed in the the Senate and appeared in the Congres- ney, which nominations were received by the RECORDS on the dates indicated, and sional Record on February 8, 2005. Senate and appeared in the Congressional ask unanimous consent, to save the ex- Air Force nominations beginning with Record on January 6, 2005. pense of reprinting on the Executive Jeffery F. Baker and ending with David L. Army nominations beginning with David C. Barnhill and ending with Kenneth B. Calendar that these nominations lie at Wells, which nominations were received by the Senate and appeared in the Congres- Smith, which nominations were received by the Secretary’s desk for the informa- the Senate and appeared in the Congres- tion of Senators. sional Record on February 8, 2005. Air Force nominations beginning with sional Record on January 6, 2005. Army nomination of David B. Enyeart to The PRESIDING OFFICER. Without Corey R. Anderson and ending with Ethan J. be Colonel. objection, it is so ordered. Yoza, which nominations were received by Army nomination of David A. Greenwood Air Force nomination of Thomas S. Hoff- the Senate and appeared in the Congres- to be Colonel. man to be Lieutenant Colonel. sional Record on February 8, 2005. Army nomination of Sandra W. Dittig to Air Force nominations beginning with Her- Air Force nominations beginning with Jan- be Colonel. bert L. Allen, Jr. and ending with Dale A. ice M. Allison and ending with Danny K. Army nomination of John M. Owings, Jr. Jackman, which nominations were received Wong, which nominations were received by to be Colonel. by the Senate and appeared in the Congres- the Senate and appeared in the Congres- Army nomination of Daniel J. Butler to be sional Record on January 6, 2005. sional Record on February 8, 2005. Colonel. Air Force nomination of Leslie G. Macrae Air Force nomination of Eloise M. Fuller Army nominations beginning with Scott to be Lieutenant Colonel. to be Colonel. W. Arnold and ending with Keith C. Well, Air Force nomination of Omar Billigue to Army nomination of Robert A. Lovett to which nominations were received by the Sen- be Major. be Colonel. ate and appeared in the Congressional Air Force nominations beginning with Army nomination of Martin Poffenberger, Record on January 6, 2005. Corbert K. Ellison and ending with Gisella Y. Jr. to be Lieutenant Colonel. Army nominations beginning with Paul T. Velez, which nominations were received by Army nomination of Timothy D. Mitchell, Bartone and ending with Jeffrey P. Zimmer- the Senate and appeared in the Congres- Jr. to be Lieutenant Colonel. man, which nominations were received by sional Record on January 6, 2005. Army nominations beginning with William the Senate and appeared in the Congres- Air Force nomination of Gretchen M. F. Bither and ending with Paul J. Ramsey, sional Record on January 6, 2005. Adams to be Major. Jr., which nominations were received by the Army nominations beginning with Cynthia Air Force nomination of Michael D. Shir- Senate and appeared in the Congressional A. Chavez and ending with Jaclynn A. Wil- ley, Jr. to be Colonel. Record on January 6, 2005. liams, which nominations were received by Air Force nominations beginning with Ger- Army nomination of William R. Laurence, the Senate and appeared in the Congres- ald J. Huerta and ending with Anthony T. Jr. to be Colonel. sional Record on January 6, 2005. Wilson, which nominations were received by Army nominations beginning with Megan Army nominations beginning with Francis the Senate and appeared in the Congres- K. Mills and ending with Maria A. Worley, B. Ausband and ending with Scott A. Wright, sional Record on January 6, 2005. which nominations were received by the Sen- which nominations were received by the Sen- Air Force nomination of Michael F. Lamb ate and appeared in the Congressional ate and appeared in the Congressional to be Major. Record on January 6, 2005. Record on January 6, 2005. Air Force nominations beginning with Army nominations beginning with Tim- Army nominations beginning with Loretta Dean J. Cutillar and ending with An Zhu, othy K. Adams and ending with John L. A. Adams and ending with Clark H. Weaver, which nominations were received by the Sen- Poppe, which nominations were received by which nominations were received by the Sen- ate and appeared in the Congressional the Senate and appeared in the Congres- ate and appeared in the Congressional Record on January 6, 2005. sional Record on January 6, 2005. Record on January 6, 2005. Air Force nomination of James D. Shaffer Army nominations beginning with Joseph Army nominations beginning with Robert to be Colonel. W. Burckel and ending with Frank J. D. Akerson and ending with Beth A. Zimmer, Air Force nominations beginning with Miskena, which nominations were received which nominations were received by the Sen- Thomas William Acton and ending with by the Senate and appeared in the Congres- ate and appeared in the Congressional Debra S. Zelenak, which nominations were sional Record on January 6, 2005. Record on January 6, 2005. received by the Senate and appeared in the Army nomination of Frank J. Miskena to Army nominations beginning with Pris- Congressional Record on January 31, 2005. be Colonel. cilla A. Berry and ending with Catherine E. Air Force nominations beginning with Bar- Army nominations beginning with Rosa L. Wright, which nominations were received by bara S. Black and ending with Vincent T. Hollisbird and ending with Beth A. Zimmer, the Senate and appeared in the Congres- Jones, which nominations were received by which nominations were received by the Sen- sional Record on January 6, 2005.

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1622 CONGRESSIONAL RECORD — SENATE February 17, 2005 Army nominations beginning with George by the Senate and appeared in the Congres- S. 420. A bill to make the repeal of the es- A. Abbott and ending with Donald R. Zoufal, sional Record on February 8, 2005. tate tax permanent; to the Committee on Fi- which nominations were received by the Sen- Navy nomination of Steven P. Davito to be nance. ate and appeared in the Congressional Captain. By Mr. LOTT (for himself and Mr. Record on January 6, 2005. Navy nomination of Edward S. Wagner, Jr. KOHL): Army nominations beginning with Jan E. to be Commander. S. 421. A bill to reauthorize programs relat- Aldykiewicz and ending with Robert A. Yoh, Navy nominations beginning with Samuel ing to sport fishing and recreational boating which nominations were received by the Sen- Adams and ending with Randy J. Vanrossum, safety, and for other purposes; to the Com- ate and appeared in the Congressional which nominations were received by the Sen- mittee on Commerce, Science, and Transpor- Record on February 8, 2005. ate and appeared in the Congressional tation. Marine Corps nominations beginning with Record on January 6, 2005. By Mr. LOTT (for himself and Mr. Jason G. Adkinson and ending with James B. Navy nominations beginning with Jason K. KOHL): Zientek, which nominations were received Brandt and ending with Ronald L. Withrow, S. 422. A bill to amend the Internal Rev- by the Senate and appeared in the Congres- which nominations were received by the Sen- enue Code of 1986 to restore equity and com- sional Record on January 6, 2005. ate and appeared in the Congressional plete the transfer of motor fuel excise taxes Marine Corps nominations beginning with Record on January 31, 2005. attributable to motorboat and small engine Jorge E. Cristobal and ending with Donald Q. *Nomination was reported with rec- fuels into the Aquatic Resources Trust Fund, Fincham, which nominations were received ommendation that it be confirmed sub- and for other purposes; to the Committee on by the Senate and appeared in the Congres- Finance. sional Record on February 8, 2005. ject to the nominee’s commitment to By Mr. SANTORUM (for himself and Marine Corps nominations beginning with respond to requests to appear and tes- Ms. LANDRIEU): Ronald C. Constance and ending with Joel F. tify before any duly constituted com- S. 423. A bill to amend title 38, United Jones, which nominations were received by mittee of the Senate. States Code, to make a stillborn child an in- the Senate and appeared in the Congres- (Nominations without an asterisk surable dependent for purposes of the sional Record on February 8, 2005. were reported with the recommenda- Servicemembers’ Group Life Insurance pro- Marine Corps nomination of Frederick D. tion that they be confirmed.) gram; to the Committee on Veterans’ Af- Hyden to be Lieutenant Colonel. fairs. Marine Corps nomination of Kathy L. f By Mr. BOND (for himself, Mr. KEN- Velez to be Lieutenant Colonel. INTRODUCTION OF BILLS AND NEDY, Mr. TALENT, Mr. JOHNSON, and Marine Corps nomination of John R. Bar- JOINT RESOLUTIONS Mr. ISAKSON): clay to be Major. S. 424. A bill to amend the Public Health Marine Corps nominations beginning with The following bills and joint resolu- Service Act to provide for arthritis research Matthew J. Caffrey and ending with William tions were introduced, read the first and public health, and for other purposes; to R. Tiffany, which nominations were received and second times by unanimous con- the Committee on Health, Education, Labor, by the Senate and appeared in the Congres- sent, and referred as indicated: and Pensions. sional Record on February 8, 2005. By Mr. LEAHY: Marine Corps nominations beginning with By Mr. LEVIN: S. 425. A bill to authorize the Secretary of Jeff R. Bailey and ending with Julio R. Pirir, S. 413. A bill to amend the definition of dis- Agriculture to sell or exchange certain Na- which nominations were received by the Sen- aster, for purposes of section 7(b)(2) of the tional Forest System land in the State of ate and appeared in the Congressional Small Business Act, to include below aver- Vermont; to the Committee on Agriculture, Record on February 8, 2005. age water levels in the Great Lakes; to the Nutrition, and Forestry. Marine Corps nominations beginning with Committee on Small Business and Entrepre- By Mr. JEFFORDS (for himself, Ms. Jacob D. Leighty III and ending with John G. neurship. CANTWELL, and Mr. KENNEDY): Oliver, which nominations were received by By Mr. MCCONNELL (for himself and S. 426. A bill to enhance national security the Senate and appeared in the Congres- Mr. BOND): by improving the reliability of the United sional Record on February 8, 2005. S. 414. A bill to amend the Help America States electricity transmission grid, to en- Marine Corps nominations beginning with Vote Act of 2002 to protect the right of sure efficient, reliable and affordable energy Steven M. Dotson and ending with Calvin W. Americans to vote through the prevention of to American consumers, and for other pur- Smith, which nominations were received by voter fraud, and for other purposes; to the poses; to the Committee on Energy and Nat- the Senate and appeared in the Congres- Committee on Rules and Administration. ural Resources. sional Record on February 8, 2005. By Mr. ROCKEFELLER: By Mr. JEFFORDS (for himself, Ms. Marine Corps nominations beginning with S. 415. A bill to amend part A of title IV of SNOWE, Ms. CANTWELL, Mrs. FEIN- William H. Barlow and ending with Danny R. the Social Security Act to require the Sec- STEIN, Mr. DURBIN, Mr. KENNEDY, Mr. Morales, which nominations were received retary of Health and Human Services to con- REED, Mr. KERRY, Mr. DODD, Mrs. by the Senate and appeared in the Congres- duct research on indicators of child well- BOXER, and Mr. LAUTENBERG): sional Record on February 8, 2005. being; to the Committee on Finance. S. 427. A bill to amend the Public Utility Marine Corps nominations beginning with By Mr. LEVIN: Regulatory Policies Act of 1978 to provide for Andrew E. Gepp and ending with William B. S. 416. A bill to establish a pilot program a Federal renewable portfolio standard; to Smith, which nominations were received by to provide low interest loans to nonprofit, the Committee on Energy and Natural Re- the Senate and appeared in the Congres- community-based lending intermediaries, to sources. sional Record on February 8, 2005. provide midsize loans to small business con- By Mr. TALENT (for himself, Mr. Marine Corps nominations beginning with cerns, and for other purposes; to the Com- WYDEN, Mr. ALLEN, Mr. COLEMAN, Ms. William A. Burwell and ending with William mittee on Small Business and Entrepreneur- COLLINS, Mr. CORZINE, Mr. DAYTON, J. Wadley, which nominations were received ship. Mrs. DOLE, Mr. GRAHAM, and Mr. VIT- by the Senate and appeared in the Congres- By Mr. DORGAN (for himself and Mr. TER): sional Record on February 8, 2005. SHELBY): S. 428. A bill to provide $30,000,000,000 in Marine Corps nominations beginning with S. 417. A bill to amend the Internal Rev- new transportation infrastructure funding in Kenrick G. Fowler and ending with Steven E. enue Code of 1986 to provide for a refundable addition to TEA-21 levels through bonding to Sprout, which nominations were received by wage differential credit for activated mili- empower States and local governments to the Senate and appeared in the Congres- tary reservists; to the Committee on Fi- complete significant long-term capital im- sional Record on February 8, 2005. nance. provement projects for highways, public Marine Corps nominations beginning with By Mr. ENZI (for himself, Mrs. CLIN- transportation systems, and rail systems, James P. Miller, Jr. and ending with Marc TON, Mr. HAGEL, and Mr. SCHUMER): and for other purposes; to the Committee on Tarter, which nominations were received by S. 418. A bill to protect members of the Finance. the Senate and appeared in the Congres- Armed Forces from unscrupulous practices By Mr. LIEBERMAN (for himself, Mr. sional Record on February 8, 2005. regarding sales of insurance, financial, and DODD, Mr. KENNEDY, and Mr. KERRY): Marine Corps nomination of David G. investment products; to the Committee on S. 429. A bill to establish the Upper Boone to be Major. Banking, Housing, and Urban Affairs. Housatonic Valley National Heritage Area in Marine Corps nomination of Michael A. By Mr. KYL: the State of Connecticut and the Common- Lujan to be Major. S. 419. A bill to amend the Internal Rev- wealth of Massachusetts, and for other pur- Marine Corps nominations beginning with enue Code of 1986 to modify the treatment of poses; to the Committee on Energy and Nat- Michael A. Mink and ending with Louann qualified restaurant property as 15-year ural Resources. Rickley, which nominations were received property for purposes of the depreciation de- By Ms. CANTWELL: by the Senate and appeared in the Congres- duction; to the Committee on Finance. S. 430. A bill to arrest methamphetamine sional Record on February 8, 2005. By Mr. KYL (for himself, Mr. NELSON abuse in the United States; to the Com- Marine Corps nominations beginning with of Florida, Mr. ALLARD, Mr. ALLEN, mittee on the Judiciary. John T. Curran and ending with Thomas J. Mr. BURNS, Mr. INHOFE, Mr. TALENT, By Mr. DEWINE (for himself and Mr. Johnson, which nominations were received and Mr. THUNE): DURBIN):

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S. 431. A bill to establish a program to By Mr. DEWINE: S. 453. A bill to amend section 402 of the award grants to improve and maintain sites S. 442. A bill to provide for the Secretary of Personal Responsibility and Work Oppor- honoring Presidents of the United States; to Homeland Security to be included in the line tunity Reconciliation Act of 1996 to provide the Committee on Energy and Natural Re- of Presidential succession; to the Committee for an extension of eligibility for supple- sources. on Rules and Administration. mental security income through fiscal year By Mr. ALLEN (for himself, Mr. TAL- By Mr. DEWINE (for himself, Mr. KOHL, 2008 for refugees, asylees, and certain other ENT, Mr. GRAHAM, Mr. MCCAIN, Mr. and Mr. LEAHY): humanitarian immigrants; to the Committee LOTT, Mr. WARNER, Mr. GRASSLEY, S. 443. A bill to improve the investigation on Finance. and Mr. THUNE): of criminal antitrust offenses; to the Com- By Mr. PRYOR: S. 432. A bill to establish a digital and mittee on the Judiciary. S. 454. A bill to release to the State of Ar- wireless network technology program, and By Mr. FEINGOLD: kansas a reversionary interest in Camp Jo- for other purposes; to the Committee on S. 444. A bill to establish a demonstration seph T. Robinson; to the Committee on Commerce, Science, and Transportation. project to train unemployed workers for em- Armed Services. By Mr. ALLEN: ployment as health care professionals, and By Mr. COLEMAN (for himself and Mr. S. 433. A bill to require the Secretary of for other purposes; to the Committee on BINGAMAN): Homeland Security to develop and imple- Health, Education, Labor, and Pensions. S. 455. A bill to amend the Mutual Edu- ment standards for the operation of non- By Ms. STABENOW (for herself, Mr. cational and Cultural Exchange Act of 1961 scheduled, commercial air carrier (air char- CARPER, Mr. KENNEDY, Mr. SCHUMER, to facilitate United States openness to inter- ter) and general aviation operations at Ron- Mr. BINGAMAN, and Mr. JOHNSON): national students, scholars, scientists, and ald Reagan Washington National Airport; to S. 445. A resolution to amend part D of exchange visitors, and for other purposes; to the Committee on Commerce, Science, and title XVIII of the Social Security Act, as the Committee on Foreign Relations. Transportation. added by the Medicare Prescription Drug, By Mr. SMITH (for himself, Mr. JEF- By Mrs. LINCOLN (for herself and Mr. Improvement, and Modernization Act of 2003, FORDS, Mr. CHAFEE, Mr. ROCKE- PRYOR): to provide for negotiation of fair prices for FELLER, and Ms. COLLINS): S. 434. A bill to direct the Secretary of In- Medicare prescription drugs; to the Com- S. 456. A bill to amend part A of title IV of terior to study the suitability and feasibility mittee on Finance. the Social Security Act to permit a State to of designating the Wolf House, located in By Mr. CORZINE (for himself and Mr. receive credit towards the work require- Norfolk, Arkansas, as a unit of the National LAUTENBERG): ments under the temporary assistance for Park System, and for other purposes; to the S. 446. A bill to direct the Director of the needy families program for recipients who Committee on Energy and Natural Re- Federal Emergency Management Agency to are determined by appropriate agencies sources. designate New Jersey Task Force 1 as part of working in coordination to have a disability By Mr. DODD (for himself and Mr. LIE- the National Urban Search and Rescue Re- and to be in need of specialized activities; to BERMAN): sponse System; to the Committee on Envi- the Committee on Finance. S. 435. A bill to amend the Wild and Scenic ronment and Public Works. By Mr. CORNYN (for himself and Mr. By Mr. DOMENICI: Rivers Act to designate a segment of the CHAMBLISS): Farmington River and Salmon Brook in the S. 447. A bill to authorize the conveyance S.J. Res. 6. A joint resolution proposing an State of Connecticut for study for potential of certain Federal land in the State of New amendment to the Constitution of the addition to the National Wild and Scenic Mexico; to the Committee on Agriculture, United States to ensure continuity of con- Rivers System, and for other purposes; to the Nutrition, and Forestry. gressional operations and the avoidance of Committee on Energy and Natural Re- By Ms. MURKOWSKI (for herself, Mr. martial law in the event of mass incapacita- TEVENS, Ms. CANTWELL, and Mrs. sources. S tions or death in either House of Congress; to MURRAY): By Mr. AKAKA (for himself and Mr. the Committee on the Judiciary. INOUYE): S. 448. A bill to authorize the President to posthumously award a gold medal on behalf S. 436. A bill to require the Secretary of f Energy to assess the economic implications of Congress to Elizabeth Wanamaker Peratrovich and Roy Peratrovich in recogni- of the dependence of the State of Hawaii on SUBMISSION OF CONCURRENT AND oil as the principal source of energy for the tion of their outstanding and enduring con- State; to the Committee on Energy and Nat- tributions to the civil rights and dignity of SENATE RESOLUTIONS ural Resources. the Native peoples of Alaska and the Nation; The following concurrent resolutions By Mr. LEVIN (for himself and Ms. to the Committee on Banking, Housing, and and Senate resolutions were read, and STABENOW): Urban Affairs. referred (or acted upon), as indicated: S. 437. A bill to expedite review of the By Ms. MURKOWSKI: Grand River Band of Ottawa Indians of S. 449. A bill to facilitate shareholder con- By Mr. FRIST (for himself, Mr. BYRD, Michigan to secure a timely and just deter- sideration of proposals to make Settlement Mr. REID, Mr. ALEXANDER, Mr. COCH- mination of whether that group is entitled to Common Stock under the Alaska Native RAN, Mr. STEVENS, Mr. DOMENICI, Mr. recognition as a Federal Indian tribe; to the Claims Settlement Act available to missed HATCH, Mr. WARNER, and Mr. LUGAR): Committee on Indian Affairs. enrollees, eligible elders, and eligible persons S. Res. 58. A resolution commending the By Mr. ENSIGN (for himself, Mrs. LIN- born after December 18, 1971, and for other Honorable Howard Henry Baker, Jr., for- COLN, Mr. HAGEL, Mrs. MURRAY, Mr. purposes; to the Committee on Indian Af- merly a Senator of Tennessee, for a lifetime BINGAMAN, Mr. CORZINE, Mr. JOHN- fairs. of distinguished service; considered and SON, Ms. COLLINS, and Mr. HATCH): By Mrs. CLINTON (for herself, Mrs. agreed to. S. 438. A bill to amend title XVIII of the BOXER, Mr. KERRY, Mr. LAUTENBERG, By Mr. SMITH (for himself, Mr. BIDEN, Social Security Act to repeal the medicare and Ms. MIKULSKI): Mr. BROWNBACK, Mr. KYL, Mr. CHAM- outpatient rehabilitation therapy caps; to S. 450. A bill to amend the Help America BLISS, Mr. ENSIGN, and Mr. SHELBY): the Committee on Finance. Vote Act of 2002 to require a voter-verified S. Res. 59. A resolution urging the Euro- By Mrs. BOXER (for herself and Mr. paper record, to improve provisional bal- pean Union to maintain its arms export em- JEFFORDS): loting, to impose additional requirements bargo on the People’s Republic of China; to S. 439. A bill to amend the Solid Waste Dis- under such Act, and for other purposes; to the Committee on Foreign Relations. posal Act to provide for secondary contain- the Committee on Rules and Administration. By Mr. MCCAIN (for himself, Mr. ment to prevent methyl tertiary butyl ether By Mr. AKAKA: LUGAR, and Mr. BIDEN): and petroleum contamination; to the Com- S. 451. A bill to amend the Animal Welfare S. Res. 60. A resolution supporting demo- mittee on Environment and Public Works. Act to ensure that all dogs and cats used by cratic reform in Moldova and urging the By Mr. BUNNING (for himself and Ms. research facilities are obtained legally; to Government of Moldova to ensure a demo- MIKULSKI): the Committee on Agriculture, Nutrition, cratic and fair election process for the March S. 440. A bill to amend title XIX of the So- and Forestry. 6, 2005, parliamentary elections; considered cial Security Act to include podiatrists as By Mr. CORZINE: and agreed to. physicians for purposes of covering physi- S. 452. A bill to provide for the establish- By Mr. INHOFE: cians’ services under the medicaid program; ment of national and global tsunami warning S. Res. 61. A resolution recognizing the Na- to the Committee on Finance. systems and to provide assistance for the re- tional Ready Mixed Concrete Association on By Mr. SANTORUM (for himself, Mr. lief and rehabilitation of victims of the In- its 75th anniversary and its members’ vital NELSON of Florida, Mr. KYL, Mr. dian Ocean tsunami and for the reconstruc- contributions to the infrastructure of the ALLEN, Mr. BUNNING, Mrs. DOLE, and tion of tsunami-affected countries; to the United States; considered and agreed to. Mr. CHAMBLISS): Committee on Commerce, Science, and By Mr. DURBIN (for himself, Mr. S. 441. A bill to amend the Internal Rev- Transportation. OBAMA, Mr. STEVENS, and Mr. FEIN- enue Code of 1986 to make permanent the By Mr. SMITH (for himself, Mr. KOHL, GOLD): classification of a motorsports entertain- Mr. LUGAR, Mrs. CLINTON, Mr. S. Res. 62. A resolution supporting the ment complex; to the Committee on Fi- BROWNBACK, Mr. LAUTENBERG, and goals and ideals of a ‘‘Rotary International nance. Mr. FEINGOLD): Day’’ and celebrating and honoring Rotary

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1624 CONGRESSIONAL RECORD — SENATE February 17, 2005 International on the occasion of its centen- nal Revenue Code of 1986 to allow a de- the United Nations Oil-for-Food Pro- nial anniversary; considered and agreed to. duction for premiums on mortgage in- gram. By Mr. REID (for Mr. BIDEN (for him- surance. S. 306 self, Mr. LUGAR, Mr. REID, Mr. FRIST, S. 141 Mr. LEVIN, Mr. DODD, Mr. CORZINE, At the request of Mr. KERRY, his At the request of Mr. JEFFORDS, the Mr. ALLEN, and Mr. CHAFEE)): name was added as a cosponsor of S. S. Res. 63. A resolution calling for an in- name of the Senator from West Vir- 306, a bill to prohibit discrimination on vestigation into the assassination of Prime ginia (Mr. ROCKEFELLER) was added as the basis of genetic information with Minister Rafiq Hariri and urging steps to a cosponsor of S. 141, a bill to amend respect to health insurance and em- pressure the Government of Syria to with- part A of title IV of the Social Security ployment. draw from Lebanon; considered and agreed Act to allow up to 24 months of voca- S. 311 to. tional educational training to be At the request of Mr. SMITH, the By Mr. JEFFORDS (for himself, Ms. counted as a work activity under the SNOWE, Mr. SARBANES, Mr. LIEBER- names of the Senator from Rhode Is- temporary assistance to needy families MAN, Mr. LEAHY, Mr. DAYTON, Mr. land (Mr. CHAFEE) and the Senator program. LAUTENBERG, and Ms. COLLINS): from Pennsylvania (Mr. SPECTER) were S. 177 S. Res. 64. A resolution expressing the added as cosponsors of S. 311, a bill to sense of the Senate that the United States At the request of Mr. DOMENICI, the amend title XIX of the Social Security should prepare a comprehensive strategy for name of the Senator from Colorado Act to permit States the option to pro- advancing and entering into international (Mr. SALAZAR) was added as a cospon- vide medicaid coverage for low-income negotiations on a binding agreement that sor of S. 177, a bill to further the pur- would swiftly reduce global mercury use and individuals infected with HIV. poses of the Reclamation Projects Au- pollution to levels sufficient to protect pub- S. 314 lic health and the environment; to the Com- thorization and Adjustment Act of 1992 mittee on Foreign Relations. by directing the Secretary of the Inte- At the request of Mrs. FEINSTEIN, her By Mr. BROWNBACK (for himself and rior, acting through the Commissioner name was withdrawn as a cosponsor of Mr. MCCONNELL): of Reclamation, to carry out an assess- S. 314, a bill to protect consumers, S. Res. 65. A resolution calling for the Gov- ment and demonstration program to creditors, workers, pensioners, share- ernment of Cambodia to release Cheam control salt cedar and Russian olive, holders, and small businesses, by re- Channy from prison, and for other purposes; forming the rules governing venue in to the Committee on Foreign Relations. and for other purposes. S. 183 bankruptcy cases to combat forum By Mr. MCCAIN (for himself and Mr. shopping by corporate debtors. BIDEN): At the request of Mr. GRASSLEY, the S. Res. 66. A resolution urging the Govern- names of the Senator from Oregon (Mr. S. 319 ment of the Kyrgyz Republic to ensure a WYDEN) and the Senator from Nebraska At the request of Mr. DOMENICI, the democratic, transparent, and fair process for (Mr. NELSON) were added as cosponsors names of the Senator from New Mexico the parliamentary elections scheduled for of S. 183, a bill to amend title XIX of (Mr. BINGAMAN), the Senator from February 27, 2005; to the Committee on For- the Social Security Act to provide fam- Vermont (Mr. JEFFORDS) and the Sen- eign Relations. ilies of disabled children with the op- ator from Vermont (Mr. LEAHY) were By Mr. MCCAIN (for himself, Mr. LIE- BERMAN, Mr. BURNS, Mr. BAYH, Mr. portunity to purchase coverage under added as cosponsors of S. 319, a bill to CHAMBLISS, Mr. SMITH, and Mr. DUR- the medicaid program for such chil- amend the Public Health Service Act BIN): dren, and for other purposes. to revise the amount of minimum al- S. Con. Res. 14. A concurrent resolution ex- S. 193 lotments under the Projects for Assist- pressing the sense of Congress that the con- At the request of Mr. BROWNBACK, the ance in Transition from Homelessness tinued participation of the Russian Federa- name of the Senator from West Vir- program. tion in the Group of 8 nations should be con- ginia (Mr. BYRD) was added as a co- ditioned on the Russian Government volun- S. 340 tarily accepting and adhering to the norms sponsor of S. 193, a bill to increase the At the request of Mr. LUGAR, the and standards of democracy; to the Com- penalties for violations by television name of the Senator from Rhode Island mittee on Foreign Relations. and radio broadcasters of the prohibi- (Mr. CHAFEE) was added as a cosponsor f tions against transmission of obscene, of S. 340, a bill to maintain the free ADDITIONAL COSPONSORS indecent, and profane language. flow of information to the public by S. 239 providing conditions for the federally S. 8 At the request of Ms. SNOWE, the compelled disclosure of information by At the request of Mr. ENSIGN, the name of the Senator from Massachu- name of the Senator from Montana certain persons connected with the setts (Mr. KENNEDY) was added as a co- news media. (Mr. BURNS) was added as a cosponsor sponsor of S. 239, a bill to reduce the S. 358 of S. 8, a bill to amend title 18, United costs of prescription drugs for medicare At the request of Mr. DURBIN, the States Code, to prohibit taking minors beneficiaries, and for other purposes. name of the Senator from Utah (Mr. across State lines in circumvention of S. 265 HATCH) was added as a cosponsor of S. laws requiring the involvement of par- At the request of Mr. FRIST, the 358, a bill to maintain and expand the ents in abortion decisions. names of the Senator from Alabama steel import licensing and monitoring S. 37 (Mr. SESSIONS) and the Senator from program. At the request of Mrs. FEINSTEIN, the Minnesota (Mr. DAYTON) were added as name of the Senator from Ohio (Mr. cosponsors of S. 265, a bill to amend the S. 382 VOINOVICH) was added as a cosponsor of Public Health Service Act to add re- At the request of Mr. ENSIGN, the S. 37, a bill to extend the special post- quirements regarding trauma care, and names of the Senator from Illinois (Mr. age stamp for breast cancer research for other purposes. DURBIN) and the Senator from Maine for 2 years. S. 288 (Ms. COLLINS) were added as cosponsors S. 77 At the request of Mr. HAGEL, his of S. 382, a bill to amend title 18, At the request of Mr. SESSIONS, the name was added as a cosponsor of S. United States Code, to strengthen pro- name of the Senator from Kansas (Mr. 288, a bill to extend Federal funding for hibitions against animal fighting, and BROWNBACK) was added as a cosponsor operation of State high risk health in- for other purposes. of S. 77, a bill to amend titles 10 and 38, surance pools. S. 385 United States Code, to improve death S. 291 At the request of Mr. GRASSLEY, the benefits for the families of deceased At the request of Mr. ENSIGN, the names of the Senator from Kansas (Mr. members of the Armed Forces, and for name of the Senator from Oklahoma BROWNBACK) and the Senator from Ne- other purposes. (Mr. INHOFE) was added as a cosponsor braska (Mr. NELSON) were added as co- S. 132 of S. 291, a bill to require the with- sponsors of S. 385, a bill to amend the At the request of Mr. SMITH, the holding of United States contributions Food Security Act of 1985 to restore in- name of the Senator from Washington to the United Nations until the Presi- tegrity to and strengthen payment lim- (Ms. CANTWELL) was added as a cospon- dent certifies that the United Nations itation rules for commodity payments sor of S. 132, a bill to amend the Inter- is cooperating in the investigation of and benefits.

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 17, 2005 CONGRESSIONAL RECORD — SENATE S1625 S. 386 ignating the month of March as Deep- bill provides State and local officials At the request of Mr. HAGEL, the Vein Thrombosis Awareness Month, in more tools to ensure every eligible name of the Senator from West Vir- memory of journalist David Bloom. voter casts their vote, but make sure it ginia (Mr. BYRD) was added as a co- f is counted only once. sponsor of S. 386, a bill to direct the First, the most important part of Secretary of State to carry out activi- STATEMENTS ON INTRODUCED this election process is an accurate and ties that promote the adoption of tech- BILLS AND JOINT RESOLUTIONS secure registration list. This legisla- nologies that reduce greenhouse gas in- By Mr. MCCONNELL (for himself tion clarifies several provisions related tensity in developing countries, while and Mr. BOND): to ensuring that those who register are promoting economic development, and S. 414. A bill to amend the Help legally entitled to do so, do so only for other purposes. America Vote Act of 2002 to protect the once, and in only one State. Further, S. 397 right of Americans to vote through the we address the problem brought about At the request of Mr. ALLEN, his prevention of voter fraud, and for other by voter registration drives which name was added as a cosponsor of S. purposes; to the Committee on Rules dumped impossible numbers of new 397, a bill to prohibit civil liability ac- and Administration. registrations on the last day of reg- tions from being brought or continued Mr. MCCONNELL. Mr. President, I istration. The bill ensures that only against manufacturers, distributors, rise today to introduce the Voter Pro- real-life, eligible Mary Poppins reg- dealers, or importers of firearms or tection Act of 2005, and I am pleased to isters to vote. ammunition for damages, injunctive or be joined again by my good friend from Second, the process of actually cast- other relief resulting from the misuse Missouri, Senator BOND. I also ac- ing a ballot is sacred to all Americans. of their products by others. knowledge the deep interest and exper- The legislation will ensure accurate poll lists and photo identification at At the request of Mr. CRAIG, the tise of the occupant of the chair in this names of the Senator from Louisiana important subject of how we have in- the polls, and will reaffirm HAVA’s goal of permitting State law to govern (Mr. VITTER) and the Senator from creasingly honest elections in our counting provisional ballots. Louisiana (Ms. LANDRIEU) were added country. Further, for absentee ballots, having as cosponsors of S. 397, supra. In the wake of the 2000 election, as them returned by election day and re- S. 406 chairman of the Rules and Administra- tion Committee, and then its ranking quiring authentication of their request At the request of Ms. SNOWE, the is critical. Thus, if a real, eligible, reg- name of the Senator from Georgia (Mr. member, Senators BOND, DODD, and I worked together to address the prob- istered Mary Poppins goes to the polls, ISAKSON) was added as a cosponsor of S. lems brought to light in the 2000 elec- she can show identification and vote— 406, a bill to amend title I of the Em- but just once. ployee Retirement Security Act of 1974 tions. In January of 2001, I introduced the first of what would become several Third, grant money will be available to improve access and choice for entre- to pay for photo identification for preneurs with small businesses with re- election reform bills. Nearly 2 years later, all the hard work and long hours those who don’t have one or cannot af- spect to medical care for their employ- ford one. The Election Assistance Com- ees. paid off with the President of the United States signing the Help Amer- mission will conduct a pilot program S.J. RES. 4 ica Vote Act of 2002, commonly re- for the use of indelible ink at the polls, At the request of Mr. CONRAD, the ferred to as HAVA. reminiscent of the Iraqi elections on name of the Senator from Montana This legislation passed with near January 30. We were all moved by the (Mr. BURNS) was added as a cosponsor unanimous support in both Chambers. picture we saw from the Iraqi elections of S.J. Res. 4, a joint resolution pro- HAVA set forth several minimum of voters proudly showing their ink- viding for congressional disapproval of standards for States to meet and was sustained fingers. Aside from being an the rule submitted by the Department coupled with a new Election Assistance act of national pride, it was also an act of Agriculture under chapter 8 of title to ensure that all those who voted did Commission to provide advice and dis- 5, United States Code, relating to risk so only once. tribute $3 billion to date. The goal was zones for introduction of bovine Lastly, the 2004 elections saw new and is to make it easier to vote and spongiform encephalopathy. tactics which must be addressed by harder to cheat. new criminal penalties for buying and S. RES. 39 The 2004 elections were the first con- conspiring to buy voter registrations. At the request of Ms. LANDRIEU, the ducted under HAVA. There are reports names of the Senator from Michigan Further, the destruction or damaging of many successes attributable to of property with intent to impede vot- (Ms. STABENOW), the Senator from Col- HAVA, including a new Cal-Tech/MIT orado (Mr. SALAZAR), the Senator from ing is something that must be pros- study, which found a decrease in the ecuted. Louisiana (Mr. VITTER), the Senator residual vote rate, or ballots that did from Illinois (Mr. OBAMA), the Senator Again, I am proud to have been the not record a vote for President. Fur- Senate Republican sponsor of the Help from Arkansas (Mrs. LINCOLN) and the ther, there were new requirements for Senator from Pennsylvania (Mr. America Vote Act of 2002 and believe it identification while registering or, at has and will continue to improve the SANTORUM) were added as cosponsors of the polls, new voting technology, state- conduct of elections in this country. S. Res. 39, a resolution apologizing to wide databases, and a broad Federal re- the victims of lynching and the de- But much more needs to be done. The quirement for the casting of provi- Voter Protection Act of 2005 builds scendants of those victims for the fail- sional ballots. ure of the Senate to enact anti-lynch- upon that important piece of legisla- HAVA was a tremendous success, but tion to combat voter fraud and ensure ing legislation. all of the cosponsors were careful to the integrity of the entire election S. RES. 44 avoid a complete Federal takeover of process. At the request of Mr. ALEXANDER, the elections. As was stated by prominent I know Senator BOND, a cosponsor, is names of the Senator from Virginia election expert Doug Lewis, after con- on the way to the floor. I commend (Mr. ALLEN), the Senator from New ducting elections for over 200 years, him for his important contribution to Jersey (Mr. CORZINE), the Senator from State and local officials didn’t become HAVA. I repeat my earlier comments Nebraska (Mr. NELSON) and the Sen- stupid in just one election. Throughout about the occupant of the chair and his ator from Michigan (Ms. STABENOW) the bill, we remained respectful of the expertise and interest in this issue. We were added as cosponsors of S. Res. 44, States rights and left methods of im- look forward to working with both of a resolution celebrating Black History plementation to the discretion of them to advance a piece of legislation Month. States. for America that would make it easier S. RES. 56 Today, we bring before this body a to vote and harder to cheat. At the request of Mr. SPECTER, the new piece of legislation which builds I yield the floor. name of the Senator from North Da- upon the successes of HAVA and clari- Mr. BOND. Mr. President, I rise kota (Mr. DORGAN) was added as a co- fies some of the misinterpretations today to join with my colleague Sen- sponsor of S. Res. 56, a resolution des- that occurred in the last election. This ator MCCONNELL in introducing the

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1626 CONGRESSIONAL RECORD — SENATE February 17, 2005 Voter Protection Act of 2005. This leg- left the State years before. That is why This legislation will bring some ac- islation builds upon the progress made to many of us, motor voter had become countability to voter registration by the Help America Vote Act toward auto-fraudo, and we took steps in the drives while relieving some of the bur- our goal of making it easier to vote Help America Vote Act to change that. dens on election authorities by mass and harder to cheat, while addressing The evidence is still overwhelming dumping of registrations. some additional issues that came to that this poor policy continues to re- I call on our law enforcement offi- light during the previous election. sult in tremendous administrative bur- cials, the Department of Justice, and This legislation will clarify the in- dens on our election officials, with reg- our U.S. attorneys to review the proc- tent of our previous bill and try to al- istration lists being bloated and inac- ess and look at those areas where fraud leviate some of the administrative bur- curate but limited recourse for election has been suggested to find out if it is dens and misguided policies placed on officials to address the situation. All prosecutable, if Federal criminal proce- dedicated, hard-working election work- this makes it more difficult to run dure is required and warranted. I can ers by previous congressional intru- clean, fair, and accurate elections. tell you that we will pass all the laws sions into the State functioning of run- The Help America Vote Act required in the world, but until we see some ning elections. minimum identification for first-time voter fraud proponents going to jail, Make no mistake about it, record voters who take advantage of the mail- spending time in the cells, we are not numbers of Americans went to the in voter registration procedures. While going to have the effect this bill and polls in 2004. The overwhelming num- the law is clear, some States chose to our previous bill anticipated. ber of Americans were greeted by in- find ways around this reasonable re- We need to clean up the registration formed, dedicated, and properly trained quirement. This bill makes it clear process by permitting States to use So- election workers and were able to cast that voters who do not register before cial Security numbers. I think this bill their ballot in a timely manner and in a government official in person will brings some sense to voter rules by a secure environment. In Missouri, my have to provide the ID requirement. We clarifying the provision in motor voter home State, the elections were ex- heard reports of partisan election for name removal. The bill also in- tremely well run. Large numbers of workers who brought in bundles of cludes a provision for dealing in a rea- voters were accommodated at the polls voter registration cards, and when they sonable manner with registration cards in a timely fashion, and very few ques- told the governmental election offi- that are incomplete. tions have been raised about adminis- cials they had seen the voter ID, those We found in the past, if you did not tration or integrity. cards were accepted. Anybody who specifically indicate you were a U.S. I believe our recent enactment of would accept that ought to be buying citizen, the courts refused to prosecute HAVA, the Help American Vote Act, the 14th Street bridge. To say some- those knowing they were not eligible helped make it easier for States and lo- body who is not a government official to vote because they were not citizens; calities to administer their elections. and is partisan is going to fulfill the they could not be prosecuted. Now I might add that once again Missouri governmental requirements is a stretch there is a specific requirement that voters voted on punch cards. Contrary too far. you indicate you are a U.S. citizen, eli- to the bogeyman of hanging chads and Furthermore, in some Federal elec- gible to vote. If you do not do that, the other problems we heard about in the tions, I think it is past time to go to a card should not be accepted, and if you past, punch cards have served the vot- full ID provision. So this legislation re- falsely certify you are a U.S. citizen, ers of Missouri well, proving that quires voters in Federal elections to you ought to be prosecuted. trained poll workers, coupled with in- present identification at the polls As we expressed throughout the de- formed voters, can participate in clean while creating a program to ensure bates on Help America Vote Act, min- and fair elections using punchcard vot- that all voters have access to an ID if imum standard requirements for elec- ing machines. they cannot afford one. tions are to be implemented by the I live in Audrain County, MO, which We now ask our citizens to provide a State. On provisional voting, the lan- is a rural county with a wide diversity. photo ID for so many tasks of everyday guage is explicit. Questions on the im- It is very average and representative, life. To provide it once more for elec- plementation of provisional balloting although I think it is an outstanding tion officials on election day seems a are for State legislators and election county. I asked the county clerk: How small request in order to help ensure officials to decide. But as is too often many problems have you had with our elections are fair and accurate. the case in this country, what cannot these punchcard voters? We have the If a person does not have a photo ID be achieved through legislation will be whole range of voters, a very wide di- and cannot afford to procure one, our pursued in the courtroom. Some 65 law- versity. She told me in her memory bill provides the requirement and the suits were pursued to overturn deci- and the memory of those in the county resources to ensure that one is pro- sions to preserve the precinct system clerk’s office, they had never had a sin- vided. used at the State level. This was a con- gle problem with hanging chads or Let’s make sure every legal vote gets scious effort to screw up the elections. punchcard machines. counted, and only the legal votes and Fortunately, the courts got it right. Some people are saying the Help only one vote per person, only one vote They overruled them 65 times. But America Vote Act required getting rid per human. No dogs, please. there will be more litigation. There- of punchcard machines. It did not do The practice of dropping off registra- fore, this legislation clarifies further that. Let’s be clear, that is not re- tion cards in bulk at the registration the clear language of HAVA that the quired by the Help America Vote Act. deadline continues. It is proving to be decision on the precinct system and de- The smoothness leading up to the a huge burden on election officials. The cision on the proper polling place for elections in Missouri was not the case practice of submitting cards for ficti- voters is a State question. everywhere. I continue to have con- tious people, deceased, and ineligible The goal of the lawsuits, as I said, cerns about the registration process voters is alive and well, so to speak. seemed to introduce complete chaos and voter registration lists. Election Also, a troubling practice by some which would have ensued were voters officials are still laboring under an un- voter registration groups has come to allowed simply to vote anywhere they necessarily burdensome system heaped light—registrations not being delivered wanted. Additionally, those voters upon them by the motor voter bill. to the election authorities. Whether in- would not have been able to vote in Motor voter required States to accept tentional, through oversight or ne- local elections and balloting initia- anonymous mail registration cards glect, this is simply unacceptable. tives. The purpose of the suits did not without supporting documents and Would-be voters place their faith in make sense, but they were filed any- voter registration cards from election those conducting registration drives, how. The arguments for throwing out drives. Motor voter prohibited authen- and the States accept the registration State law made less sense. It is simply tication of registrations, making it ex- drives will be conducted on the level. the height of illogic to argue on one tremely difficult for names to be re- Sloppy practices can only result in peo- hand that States should permissively moved from voter rolls, such as Mickey ple being denied the right to vote. So allow voters to cast ballots from any- Mouse, the deceased, or those who had there must be oversight. where in the State they chose, only to

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 17, 2005 CONGRESSIONAL RECORD — SENATE S1627 complain later that the number of elec- made to our election, registration, and fraud in multiple, fictitious, and ineligible tion machines at a polling place was voting procedures in the aftermath of voter registrations. inadequate. the 2000 election difficulties. Clearly, (4) There is a need for Congress to ensure Many people lodging this complaint the experience over last November’s completed and valid voter registration forms are returned for processing so as to not dis- also complained it rained on election election shows that we have more work enfranchise voters who believe they have day. Sorry, we cannot change that by before us that has to be bipartisan. been properly registered. law. So their concerns must be evalu- They have shown strong leadership, (5) There is a need for Congress to provide ated accordingly. Among other things, combined with others, and I look for- States the tools necessary to protect against the precinct system allows election of- ward to being part of that as a member any American casting more than one ballot ficials to plan for election day, assign of the Senate Rules Committee. Sen- and ensuring poll workers are equipped to voters to voting places in manageable ator LOTT, the chairman of that com- identify those who voted prior to election numbers, and dispatch the proper level mittee, will hold hearings in the very day. (6) There is a need for Congress to ensure of resources. near future on this and other pro- the accuracy, integrity, and fairness of every Once again, after election day, the posals. I believe it is imperative that American election. newspapers were filled with stories we get that process underway so, as (7) There is a need for Congress to ensure pointing out irregularities on election Senator BOND knows, every American the protection of every American’s franchise day. The election day problems have knows they have the right to vote, and is carried out in a uniform and nondiscrim- grown out of bloated and inaccurate vote expeditiously, and every one of inatory manner. voting lists and sloppy registration those votes is going to be counted. TITLE I—VOTER REGISTRATION AND procedures. The stories clearly estab- Mr. President, I ask unanimous con- MAINTENANCE OF OFFICIAL LISTS OF lish that sloppy laws, poor lists, and sent that the text of the bill be printed REGISTERED VOTERS chaos at the polls invite efforts to in the RECORD. SEC. 101. REQUIREMENTS FOR VOTERS WHO cheat on election day. That is unac- There being no objection, the bill was REGISTER OTHER THAN IN PERSON ceptable to voters and to candidates ordered to be printed in the RECORD, as WITH AN OFFICER OR EMPLOYEE OF and people who depend upon a free, fair follows: A STATE OR LOCAL GOVERNMENT ENTITY. system of democracy. If a voter has his S. 414 (a) IN GENERAL.— or her vote canceled by a vote that Be it enacted by the Senate and House of Rep- (1) APPLICATION OF REQUIREMENTS TO VOT- should never have been cast, whether resentatives of the United States of America in ERS REGISTERING OTHER THAN IN PERSON.— cast by fraud or ineligible voter, he or Congress assembled, Subparagraph (A) of section 303(b)(1) of the she has lost the civil right to be heard SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Help America Vote Act of 2002 (42 U.S.C. and to have the vote counted. It is a (a) SHORT TITLE.—This Act may be cited as 15483(b)(1)(A)) is amended to read as follows: disenfranchisement of the voter. It also the ‘‘Voter Protection Act of 2005’’. ‘‘(A) the individual registered to vote in a (b) TABLE OF CONTENTS.—The table of con- jurisdiction in a manner other than appear- is a grave offense to the candidates tents of this Act is as follows: who spend countless amounts of their ing in person before an officer or employee of Sec. 1. Short title; table of contents. time and their supporters’ resources on a State or local government entity; and’’. Sec. 2. Findings. (2) MEANING OF IN PERSON.—Paragraph (1) elections. TITLE I—VOTER REGISTRATION AND of section 303(b) of such Act is amended by Our goal should be elections that are MAINTENANCE OF OFFICIAL LISTS OF inserting at the end the following: free of suspicion, doubt, and cynicism REGISTERED VOTERS ‘‘For purposes of subparagraph (A), an indi- about the results. There are steps that Sec. 101. Requirements for voters who reg- vidual shall not be considered to have reg- remain to be taken to ensure that elec- ister other than in person with istered in person if the registration is sub- tions are conducted in a sound and se- an officer or employee of a mitted to an officer or employee of a State cure manner so that the integrity of State or local government enti- or local government entity by a person other the ballot box remains beyond doubt. ty. than the person whose name appears on the These simple steps will begin to clean Sec. 102. Removal of registrants from voting voter registration form.’’. rolls for failure to vote. (3) CONFORMING AMENDMENTS.— up the mess created in the registration Sec. 103. Use of social security numbers for process, while taking away the remains (A) The heading for subsection (b) of sec- voter registration and election tion 303 of such Act is amended by striking of enticements to game the system. administration. ‘‘WHO REGISTER BY MAIL’’ and inserting ‘‘WHO I look forward to the debate on the Sec. 104. Synchronization of State data- DO NOT REGISTER IN PERSON’’. floor about these reasonable measures. bases. (B) The heading for section 303 of such Act I commend our deputy majority leader Sec. 105. Incomplete registration forms. is amended by striking ‘‘requirements for for his work on this effort, and look Sec. 106. Requirements for submission of voters who register by mail’’ and inserting registration forms by third par- ‘‘voter registration requirements’’. forward to discussing this and pursuing ties. it with our colleagues. (b) EFFECTIVE DATE.— TITLE II—VOTING Mr. President, I yield the floor. (1) IN GENERAL.—The amendments made by Sec. 201. Voter rolls. Mr. MCCONNELL. Mr. President, if I this section shall apply on and after January Sec. 202. Return of absentee ballots. 1, 2006. can very briefly say to my good friend Sec. 203. Identification requirement. and colleague from Missouri, it is a (2) CONFORMING AMENDMENTS.— Sec. 204. Clarification of counting of provi- (A) Paragraph (2) of section 303(d) of the pleasure to team up with him once sional ballots. Help America Vote Act of 2002 (42 U.S.C. again in our pursuit of better elections Sec. 205. Applications for absentee ballots. 15483(d)(2)) is amended by inserting at the Sec. 206. Pilot program for use of indelible in this country and to report to him on end the following new subparagraph: ink at polling places. the prosecution front there actually ‘‘(C) APPLICABILITY WITH RESPECT TO INDI- was a conviction. I know the occupant TITLE III—CRIMINAL PENALTIES VIDUALS WHO REGISTER OTHER THAN IN PER- of the Chair is interested in this as Sec. 301. Penalty for making expenditures to SON.—Notwithstanding subparagraphs (A) well. There actually was a conviction persons to register. and (B)— Sec. 302. Penalty for conspiracy to influence in my State for vote fraud—two of ‘‘(i) each State and jurisdiction shall be re- voting. quired to comply with the provisions of sub- them—over the last 6 months. We will Sec. 303. Penalty for destruction of property section (b) with respect to individuals who see whether that has an impact on hab- with intent to impede the act of register to vote in a jurisdiction in a manner its of many decades that exist in my voting. other than appearing in person before an of- State and I know in several parts of SEC. 2. FINDINGS. ficer or employee of a State or local govern- the State of Missouri as well. Congress makes the following findings: ment entity on and after January 1, 2006; and I congratulate the Senator for his (1) There is a need for Congress to encour- ‘‘(ii) the provisions of subsection (b) shall statement. age and enable every eligible and registered apply to any individual who registers to vote Mr. DAYTON. Mr. President, I salute American to vote. in a jurisdiction in a manner other than ap- (2) There is a need for Congress to protect pearing in person before an officer or em- my two colleagues, Senator MCCON- the franchise of all Americans by rooting out ployee of a State or local government on and NELL and Senator BOND, for their lead- the potential for fraud in the electoral sys- after January 1, 2006.’’. ership in this very important area, tem. (B) The heading for paragraph (2) of section along with Senator DODD. They spear- (3) There is a need for Congress to provide 303(d) of such Act is amended by striking headed the improvements that were States the tools necessary to protect against ‘‘WHO REGISTER BY MAIL’’.

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1628 CONGRESSIONAL RECORD — SENATE February 17, 2005 (C) Subparagraph (A) of section 303(d)(2) of of enactment of the Voter Protection Act of State shall be required to comply with the such Act is amended by inserting ‘‘with re- 2005 is inconsistent with the policy set forth requirements of subsection (d) on and after spect to individuals who register by mail’’ in clause (i), such provision shall, on and January 1, 2006.’’. after ‘‘subsection (b)’’. after the date of the enactment of such Act, TITLE II—VOTING (D) Subparagraph (B) of section 303(d)(2) of be null, void, and of no effect.’’. SEC. 201. VOTER ROLLS. such Act is amended by inserting ‘‘by mail’’ (b) CONSTRUCTION.—Nothing in this section (a) IN GENERAL.—Title III of the Help after ‘‘registers to vote’’. or the amendment made by this section may America Vote Act of 2002 (42 U.S.C. 15481 et SEC. 102. REMOVAL OF REGISTRANTS FROM VOT- be construed to supersede any privacy guar- seq.) is amended by redesignating sections ING ROLLS FOR FAILURE TO VOTE. antee under any Federal or State law that 304 and 305 as sections 305 and 306, respec- (a) IN GENERAL.—Section 8 of the National applies with respect to a social security tively, and by inserting after section 303 the Voter Registration Act of 1994 (42 U.S.C. number. following new section: 1973gg–6) is amended by redesignating sub- SEC. 104. SYNCHRONIZATION OF STATE DATA- sections (h), (i), and (j) as subsections (i), (j), BASES. ‘‘SEC. 304. VOTER ROLLS. and (k), respectively, and by inserting after (a) IN GENERAL.—Subparagraph (A) of sec- ‘‘(a) IN GENERAL.—If a State allows early subsection (g) the following new subsection: tion 303(a)(1) of the Help America Vote Act voting or absentee voting for a Federal of- ‘‘(h) FAILURE TO VOTE.—Except as other- of 2002 (42 U.S.C. 15483(a)(1)(A)) is amended fice, then such State shall be required to en- wise provided in subsection (d), a State shall by adding at the end the following: sure that the voter rolls at each polling loca- not remove the name of a registrant from ‘‘(ix) The computerized list shall be in a tion on the day of the election accurately the official list of eligible voters in elections format which allows for sharing and syn- and affirmatively indicate— for Federal office on the ground that the reg- chronization with other State computerized ‘‘(1) which individuals have voted prior to istrant has failed to vote unless— lists.’’. such day; and ‘‘(1) the registrant has not voted or ap- (b) EFFECTIVE DATE.— ‘‘(2) which individuals have requested an peared to vote in 2 consecutive general elec- (1) IN GENERAL.—Paragraph (1) of section absentee ballot for such election. tions for Federal office; and 303(d) of the Help America Vote Act of 2002 ‘‘(b) RULE FOR PERSONS NOT VOTING IN PER- ‘‘(2)(A) the registrant has not notified the (42 U.S.C. 15483(d)(1)) is amended by adding SON.—For purposes of subsection (a)(1), a applicable registrar (in person or in writing) at the end the following: State shall affirmatively indicate that an in- during the period described in subparagraph ‘‘(C) SYNCHRONIZATION OF DATABASES.— dividual who has not voted in person has (A) that the individual intends to remain Each State and jurisdiction shall be required voted if the State has received a ballot from registered in the registrar’s jurisdiction; and to comply with the requirements of sub- such individual prior to the day of the elec- ‘‘(B) the applicable registrar has sent a no- section (a)(1)(A)(ix) on and after January 1, tion. tice which meets the requirements of para- 2007.’’. ‘‘(c) EFFECTIVE DATE.—Each State and ju- graph (d)(2) and the notice is undeliver- risdiction shall be required to comply with (2) CONFORMING AMENDMENT.—Subpara- able.’’. graph (A) of section 303(d)(1) of the Help the requirements of this section on and after (b) CONFORMING AMENDMENTS.— January 1, 2006.’’. (1) Section 8(a)(4) of the National Voter America Vote Act of 2002 (42 U.S.C. 15483(d)(1)(A)) is amended by striking ‘‘sub- (b) CONFORMING AMENDMENT.—Section 401 Registration Act of 1993 (42 U.S.C. 1973gg– of the Help America Vote Act of 2002 (42 6(a)(4)) is amended by striking ‘‘or’’ at the paragraph (B)’’ and inserting ‘‘subparagraphs (B) and (C)’’. U.S.C. 15511) is amended by striking ‘‘and end of subparagraph (A), by inserting ‘‘or’’ at 303’’ and inserting ‘‘303, and 304’’. SEC. 105. INCOMPLETE REGISTRATION FORMS. the end of subparagraph (B), and by adding SEC. 202. RETURN OF ABSENTEE BALLOTS. at the end the following new subparagraph: (a) IN GENERAL.—Subparagraph (B) of sec- tion 303(b)(4) of the Help America Vote Act (a) IN GENERAL.—Title III of the Help ‘‘(C) a failure to vote in 2 consecutive gen- America Vote Act of 2002 (42 U.S.C. 15481 et eral elections for Federal office, in accord- of 2002 (42 U.S.C. 15483(b)(4)(B)) is amended to read as follows: seq.), as amended by this Act, is amended by ance with subsection (h) of this section;’’. redesignating sections 305 and 306 as sections (2) Section 8(b) of the National Voter Reg- ‘‘(B) INCOMPLETE FORMS.—If an applicant for voter registration fails to answer the 306 and 307, respectively, and by inserting istration Act of 1993 (42 U.S.C. 1973gg–6(b)) is after section 304 the following new section. amended by striking ‘‘roll for elections for question included on the mail voter registra- Federal office’’ and all that follows and in- tion form pursuant to subparagraph (A)(i), ‘‘SEC. 305. RETURN OF ABSENTEE BALLOTS. serting the following ‘‘roll for elections for the registrar shall return the incomplete ‘‘(a) IN GENERAL.—Except as provided in Federal office shall be uniform, nondiscrim- voter registration form to the applicant and the Uniformed and Overseas Citizens Absen- inatory, and in compliance with the Voting provide the applicant with an opportunity to tee Voting Act, each absentee ballot cast for Rights Act of 1965 (42 U.S.C. 1973 et seq.).’’. complete the registration form.’’. a Federal office must be received by the State by the close of business on the day of SEC. 103. USE OF SOCIAL SECURITY NUMBERS (b) EFFECTIVE DATE.—The amendment FOR VOTER REGISTRATION AND made by this section shall apply to any indi- the election in order to be counted as a valid ELECTION ADMINISTRATION. vidual who registers to vote on or after Jan- ballot. (a) IN GENERAL.—Section 205(c)(2) of the uary 1, 2006. ‘‘(b) EFFECTIVE DATE.—Each State and ju- Social Security Act (42 U.S.C. 405(c)(2)) is SEC. 106. REQUIREMENTS FOR SUBMISSION OF risdiction shall be required to comply with amended by adding at the end the following REGISTRATION FORMS BY THIRD the requirements of subsection (a) on and new subparagraph: PARTIES. after January 1, 2006.’’. ‘‘(I)(i) It is the policy of the United States (a) IN GENERAL.—Section 303 of the Help (b) CONFORMING AMENDMENT.—Section 401 that any State (or political subdivision America Vote Act of 2002 (42 U.S.C. 15483(b)), of the Help America Vote Act of 2002 (42 thereof) may, in the administration of any as amended by this Act, is amended by redes- U.S.C. 15511), as amended by this Act, is voter registration or other election law, use ignating subsection (d) as subsection (e) and amended by striking ‘‘and 304’’ and inserting the social security account numbers issued by inserting after subsection (c) the fol- ‘‘304, and 305’’. by the Commissioner of Social Security for lowing new subsection: SEC. 203. IDENTIFICATION REQUIREMENT. the purpose of establishing the identification ‘‘(d) REQUIREMENTS FOR SUBMISSION OR (a) REQUIREMENT FOR VOTERS WHO REG- of individuals affected by such law, and may REGISTRATION FORMS BY THIRD PARTIES.— ISTER BY MAIL AND OTHER THAN IN PERSON.— require any individual who is, or appears to Notwithstanding section 8(a) of the National (1) IN GENERAL.—Subparagraph (A) of sec- be, so affected to furnish to such State (or Voter Registration Act of 1993 (42 U.S.C. tion 303(b)(2) of the Help America Vote Act political subdivision thereof) or any agency 1973gg–6(a)), no State shall register any per- of 2002 (42 U.S.C. 15483(b)(2)(A)) is amended— thereof having administrative responsibility son to vote in an election for Federal office (A) in clause (i)— for the law involved, the social security ac- if the registration form is submitted— (i) by inserting ‘‘issued by a government count number (or numbers, if such individual ‘‘(1) by a person other than the person entity’’ after ‘‘identification’’ in subclause has more than one such number) issued to whose name appears on such form; and (I); and such individual by the Commissioner of So- ‘‘(2) more than 3 days after the date on (ii) by striking ‘‘current utility bill, bank cial Security. which such form was signed by the reg- statement, government check, paycheck, or ‘‘(ii) For purposes of clause (i), an agency istrant.’’. other’’ in subclause (II) and inserting ‘‘re- of a State (or political subdivision thereof) (b) CONFORMING AMENDMENT.—Section cent’’; and charged with the administration of any voter 906(a) of the Help America Vote Act of 2002 (B) in clause (ii) — registration or other election law that did (42 U.S.C. 15545(a)) is amended by striking (i) by inserting ‘‘issued by a government not use the social security account number ‘‘section 303(b)’’ and inserting ‘‘subsections entity’’ after ‘‘identification’’ in subclause for identification under a law or regulation (b) and (d) of section 303’’. (I); and adopted before January 1, 2005, may require (c) EFFECTIVE DATE.—Subsection (e) of sec- (ii) by striking ‘‘current utility bill, bank an individual to disclose his or her social se- tion 303 of the Help America Vote Act of 2002 statement, government check, paycheck, or curity number to such agency solely for the (42 U.S.C. 15483(d)), as redesignated by sub- other’’ in subclause (II) and inserting ‘‘re- purpose of administering the laws referred to section (a), is amended by adding at the end cent’’. in such clause. the following new paragraph: (2) INAPPLICABILITY.—Paragraph (3) of sec- ‘‘(iii) If, and to the extent that, any provi- ‘‘(3) REQUIREMENT FOR SUBMISSION OF REG- tion 303(b) of the Help America Vote Act of sion of Federal law enacted before the date ISTRATION FORMS BY THIRD PARTIES.—Each 2002 (42 U.S.C. 15483(b)(3)) is amended—

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 17, 2005 CONGRESSIONAL RECORD — SENATE S1629 (A) in subparagraph (A)— ‘‘(B) an amount equal to— amended by this Act, is amended by adding (i) by striking ‘‘part of such’’ and inserting ‘‘(i) the voting age population of the State at the end the following: ‘‘a requirement for a valid’’; (as reported in the most recent decennial ‘‘PART 8—PILOT PROGRAM FOR USE OF (ii) by inserting ‘‘issued by a government census); divided by INDELIBLE INK AT POLLING PLACES entity’’ after ‘‘identification’’ in clause (i); ‘‘(ii) the total voting age of all eligible ‘‘SEC. 299. PILOT PROGRAM. and States which submit an application for pay- (iii) by striking ‘‘current utility bill, bank ments under this part (as reported in the ‘‘(a) IN GENERAL.—The Commission shall statement, government check, paycheck, or most recent decennial census). make grants to States to carry out pilot pro- grams under which each voter in an election other’’ in clause (ii) and inserting ‘‘recent’’; ‘‘SEC. 298. AUTHORIZATION OF APPROPRIATIONS. for Federal office in a State is marked with and ‘‘(a) IN GENERAL.—In addition to any other (B) in subparagraph (B)(i), by striking amounts authorized to be appropriated under indelible ink after submitting a ballot. ‘‘with such’’ and inserting ‘‘as a requirement this subtitle, there are authorized to be ap- ‘‘(b) ELIGIBILITY.—A State is eligible to re- for a valid’’. propriated $25,000,000 for fiscal year 2006 and ceive a grant under this part if it submits to the Commission, at such time and in such (3) EFFECTIVE DATE.—The amendments such sums as are necessary for each subse- made by this subsection shall apply to indi- quent fiscal year for the purpose of making form as the Commission may require, an ap- viduals who register to vote on and after payments under section 297. plication containing such information as the January 1, 2006, and each State and jurisdic- ‘‘(b) AVAILABILITY.—Any amounts appro- Commission may require. tion shall be required to comply with the re- priated pursuant to the authority of this sec- ‘‘(c) REPORT.— quirements of section 303(b) of the Help tion shall remain available until expended.’’. ‘‘(1) IN GENERAL.—Each State which re- America Vote Act of 2002, as amended by this SEC. 204. CLARIFICATION OF COUNTING OF PRO- ceives a grant under this part shall submit section, on and after January 1, 2006. VISIONAL BALLOTS. to the Commission a report describing the (a) IN GENERAL.—Paragraph (4) of section activities carried out with the funds pro- (b) NEW REQUIREMENT FOR INDIVIDUALS 302(a) of the Help America Vote Act of 2002 vided under the grant. VOTING IN PERSON.— (42 U.S.C. 15482(a)(4)) is amended by adding ‘‘(2) DEADLINE.—A State shall submit the (1) IN GENERAL.—Title III of the Help Amer- at the end the following new sentence: ‘‘For ica Vote Act of 2002 (42 U.S.C. 15481 et seq.), report required under paragraph (1) not later purposes of this paragraph, the determina- as amended by this Act, is amended by redes- than 60 days after the end of the fiscal year tion of whether an individual is eligible ignating sections 306 and 307 as sections 307 for which the State received the grant which under State law to vote shall take into ac- and 308, respectively, and by inserting after is the subject of the report. count any provision of State law with re- ‘‘SEC. 300. AUTHORIZATION OF APPROPRIATIONS. section 305 the following new section: spect to the polling site at which the indi- ‘‘(a) IN GENERAL.—There are authorized to ‘‘SEC. 306. IDENTIFICATION OF VOTERS AT THE vidual is required to vote.’’. be appropriated for grants under this part POLLS. (b) CONFORMING AMENDMENT.— ‘‘(a) IN GENERAL.—Notwithstanding the re- (1) Paragraph (1) of section 302(a) of the $5,000,000 for fiscal year 2006 and such sums quirements of section 303(b), each State shall Help America Vote Act of 2002 (42 U.S.C. as are necessary for each succeeding fiscal require individuals casting ballots in an elec- 15482(a)(1)) is amended to read as follows: year. tion for Federal office in person to present a ‘‘(1) An election official at the polling ‘‘(b) AVAILABILITY.—Any amounts appro- current valid photo identification issued by a place shall— priated pursuant to the authority of this sec- governmental entity before voting. ‘‘(A) notify the individual that the indi- tion shall remain available, without fiscal ‘‘(b) EFFECTIVE DATE.—Each State shall be vidual may cast a provisional ballot in that year limitation, until expended.’’. required to comply with the requirements of election; and TITLE III—CRIMINAL PENALTIES subsection (a) on and after January 1, 2006.’’. ‘‘(B) in the case of an individual who the SEC. 301. PENALTY FOR MAKING EXPENDITURES (2) CONFORMING AMENDMENT.—Section 401 election official asserts is not eligible to TO PERSONS TO REGISTER. of the Help America Vote Act of 2002 (42 vote under State law because the individual Section 597 of title 18, United States Code, U.S.C. 15511), as amended by this Act, is is at an incorrect polling site, direct the in- is amended by inserting ‘‘to register him to amended by striking ‘‘and 305’’ and inserting dividual to the appropriate polling site.’’. vote,’’ after ‘‘either’’. ‘‘305, and 306’’. (2) Paragraph (2) of section 302(a) of the SEC. 302. PENALTY FOR CONSPIRACY TO INFLU- (c) FUNDING FOR FREE PHOTO IDENTIFICA- Help America Vote Act of 2002 (42 U.S.C. ENCE VOTING. TIONS.—Subtitle D of title II of the Help 15482(a)(2)) is amended by striking ‘‘The indi- Section 597 of title 18, United States Code, America Vote Act of 2002 (42 U.S.C. 15401 et vidual’’ and inserting ‘‘Notwithstanding the as amended by this Act, is amended by strik- seq.) is amended by adding at the end the fol- requirement of paragraph (1)(B), the indi- ing ‘‘makes or offers to make’’ and inserting lowing: vidual’’. ‘‘makes, offers to make, or conspires to ‘‘PART 7—PHOTO IDENTIFICATION SEC. 205. APPLICATIONS FOR ABSENTEE BAL- make’’. LOTS. ‘‘SEC. 297. PAYMENTS FOR FREE PHOTO IDENTI- SEC. 303. PENALTY FOR DESTRUCTION OF PROP- FICATION. (a) IN GENERAL.—Title III of the Help America Vote Act of 2002 (42 U.S.C. 15481 et ERTY WITH INTENT TO IMPEDE THE ‘‘(a) IN GENERAL.—In addition to any other ACT OF VOTING. seq.), as amended by this Act, is amended by payments made under this subtitle, the Elec- Section 594 of title 18, United States Code, tion Assistance Commission shall make pay- redesignating sections 307 and 308 as sections 308 and 309, respectively, and by inserting is amended— ments to States to promote the issuance to after section 306 the following new section: (1) by inserting ‘‘(a)’’ before ‘‘Whoever’’; registered voters of free photo identifica- and tions for purposes of meeting the identifica- ‘‘SEC. 307. APPLICATIONS FOR ABSENTEE BAL- LOTS. (2) by adding at the end the following: tion requirements of sections 303(b)(2) and ‘‘(a) IN GENERAL.—An application for an ‘‘(b) Whoever destroys or damages any 306. absentee ballot for an election for Federal property with the intent to prevent or im- ‘‘(b) ELIGIBILITY.—A State is eligible to re- office may not be accepted and processed by pede an individual from voting in an election ceive a grant under this part if it submits to a State unless the application includes— for the office of President, Vice President, the Commission (at such time and in such ‘‘(1) in the case of an applicant who has Presidential elector, Member of the Senate, form as the Commission may require) an ap- been issued a current and valid driver’s li- Member of the House of Representatives, plication containing— cense, the applicant’s driver’s license num- Delegate from the District of Columbia, or ‘‘(1) a statement that the State intends to ber; or Resident Commissioner, shall be fined under comply with the requirements of section ‘‘(2) in the case of any other applicant— this title, imprisoned for not more than 2 303(b) and section 306; and ‘‘(A) a photo copy of a current and valid years, or both.’’. ‘‘(2) a description of how the State intends photo identification issued by a government to use the payment under this part to pro- entity; By Mr. ROCKEFELLER: vide registered voters with free photo identi- ‘‘(B) at least the last 4 digits of the appli- S. 415. A bill to amend part A of title fications to meet the requirements of such cant’s social security number; or IV of the Social Security Act to re- sections. ‘‘(C) the number assigned to such indi- quire the Secretary of Health and ‘‘(c) USE OF FUNDS.—A State receiving a vidual under section 303(a)(5)(A)(ii). Human Services to conduct research on payment under this part shall use the pay- ‘‘(b) EFFECTIVE DATE.—Each State shall be ment only to provide free photo identifica- required to comply with the requirements of indicators of child well-being; to the tion cards to registered voters who do not subsection (a) on and after January 1, 2006.’’. Committee on Finance. have an identification card that meets the (b) CONFORMING AMENDMENT.—Section 401 Mr. ROCKEFELLER. Mr. President, I requirements of sections 303(b) and 306. of the Help America Vote Act of 2002 (42 am pleased to introduce legislation ‘‘(d) ALLOCATION OF FUNDS.— U.S.C. 15511), as amended by this Act, is today know as the State Child Well- ‘‘(1) IN GENERAL.—The amount of the grant amended by striking ‘‘and 306’’ and inserting Being Research Act of 2005. This bill is made to a State under this part for a year ‘‘306, and 307’’. designed to enhance child well-being in shall be equal to the product of— SEC. 206. PILOT PROGRAM FOR USE OF INDEL- ‘‘(A) the total amount appropriated for IBLE INK AT POLLING PLACES. every State by collecting data on a payments under this part for the year under Subtitle D of title II of the Help America State-by-State basis to provide infor- section 298; and Vote Act of 2002 (42 U.S.C. 15401 et seq.), as mation to advocates and policy-makers

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1630 CONGRESSIONAL RECORD — SENATE February 17, 2005 about the well-being of children. Devel- system by making data files easier to ment, education, health, safety, family in- oping a set of indicators and measuring use and more readily available. As a re- come, family employment, and child care. progress of child well-being deserves to sult, the information will be more use- Information addressing marriage and family be a priority. ful for policy-makers managing welfare structure can also be obtained for families My hope is to incorporate this impor- with children. Information obtained from reform and programs for children and such a survey would not be available solely tant research initiative into the wel- families. for children or families participating in pro- fare reform reauthorization package. I This legislation also offers the poten- grams but would be representative of the en- believe that the Senate should reau- tial for the Health and Human Service tire State population and consequently, thorize our welfare program, known as Department to partner with several would not only inform welfare policymaking, Temporary Assistance to Needy Fami- private charitable foundations, includ- but policymaking on a range of other impor- lies, TANF, and we should do it this ing the Annie E. Casey, John D. and tant issues, such as child care, child welfare, and education. year. Chairman GRASSLEY’s interest in Catherine T. MacArthur, and McKnight a bipartisan process is very encour- SEC. 3. RESEARCH ON INDICATORS OF CHILD foundations, who are interested in WELL-BEING. aging. forming a partnership to provide out- Section 413 of the Social Security Act (42 In 1996, Congress passed bold legisla- reach and support and to guarantee U.S.C. 613) is amended by adding at the end tion to dramatically change our wel- that the data collected would be broad- the following: fare system, and I supported it. The ly disseminated. This type of public- ‘‘(k) INDICATORS OF CHILD WELL-BEING.— ‘‘(1) IN GENERAL.—The Secretary, through driving force behind this reform was to private partnership helps to leverage promote work and self-sufficiency for grants, contracts, or interagency agreements additional resources for children and shall develop comprehensive indicators to families and to provide flexibility to families and increases the study’s im- States to achieve these goals. States assess child well-being in each State. pact. Given the tight budget we face, ‘‘(2) REQUIREMENTS.— have used this flexibility to design dif- partnerships make sense. ‘‘(A) IN GENERAL.—The indicators devel- ferent programs that work better for I hope my colleagues will support oped under paragraph (1) shall include meas- families who rely on them. this effort to learn about the well- ures related to the following: Nine years later, it is obvious that being of our children in rural States. I ‘‘(i) Education. we need State-by-State data on child ‘‘(ii) Social and emotional development. ask unanimous consent that the text of well-being to measure the results. The ‘‘(iii) Health and safety. the bill be printed in the RECORD. current Survey of Income and Program ‘‘(iv) Family well-being, such as family There being no objection, the bill was Participation (SIPP) is used to evalu- structure, income, employment, child care ordered to be printed in the RECORD, as arrangements, and family relationships. ate the progress of welfare, and it has follows: ‘‘(B) OTHER REQUIREMENTS.—The data col- been an important national longitu- S. 415 lected with respect to the indicators devel- dinal study designed to provide rich, oped under paragraph (1) shall be— detailed data; the kinds of data most Be it enacted by the Senate and House of Rep- ‘‘(i) statistically representative at the useful to academic researchers. It does resentatives of the United States of America in State level; Congress assembled, not, however, provide States with good, ‘‘(ii) consistent across States; SECTION 1. SHORT TITLE. ‘‘(iii) collected on an annual basis for at timely data to help them more effec- This Act may be cited as the ‘‘State Child tively accomplish the goals set forth in least the 5 years following the first year of Well-Being Research Act of 2005’’. collection; welfare reform. This is why is makes SEC. 2. FINDINGS. ‘‘(iv) expressed in terms of rates or per- sense to invest in both types of sur- Congress makes the following findings: centages; veys, the SIPP and this bill. As social (1) The well-being of children is a para- ‘‘(v) statistically representative at the na- policy and flexibility shifts to the mount concern for our Nation and for every tional level; States, the data measuring its effects State, and most programs for children and ‘‘(vi) measured with reliability; should be specific. families are managed at the State or local ‘‘(vii) current; This bill, the State Child Well Being level. ‘‘(viii) over-sampled, with respect to low- Research Act of 2005, is intended to fill (2) Child well-being varies over time and income children and families; and this information gap by collecting across social, economic, and geographic ‘‘(ix) made publicly available. groups, and can be affected by changes in the ‘‘(C) CONSULTATION.—In developing the in- timely, State-specific data that can be circumstances of families, by the economy, dicators required under paragraph (1) and the used by policy-makers, researchers, by the social and cultural environment, and means to collect the data required with re- and child advocates to assess the well by public policies and programs at both the spect to the indicators, the Secretary shall being of children. It would require that Federal and State level. consult and collaborate with the Federal a survey examine the physical and (3) States, including small States, need in- Interagency Forum on Child and Family Sta- emotional health of children, ade- formation about child well-being that is spe- tistics. quately represent the experiences of cific to their State and that is up-to-date, ‘‘(3) ADVISORY PANEL.— families in individual States, be con- cost-effective, and consistent across States ‘‘(A) ESTABLISHMENT.—The Secretary shall sistent across States, be collected an- and over time. establish an advisory panel to make rec- (4) Regular collection of child well-being ommendations regarding the appropriate nually, articulate results in easy to un- information at the State level is essential so measures and statistical tools necessary for derstand terms, and focus on low-in- that Federal and State officials can track making the assessment required under para- come children and families. child well-being over time. graph (1) based on the indicators developed The proposed legislation will provide (5) Information on child well-being is nec- under that paragraph and the data collected data for all States, including small essary for all States, particularly small with respect to the indicators. rural States that cannot be covered States that do not have State-level data in ‘‘(B) MEMBERSHIP.— under SIPP because the sample size is other federally supported data bases, such as ‘‘(i) IN GENERAL.—The advisory panel es- too small. A modest investment in this the Survey of Income and Program Partici- tablished under subparagraph (A) shall con- bill would offer State data for the pation. sist of the following: twenty-three rural states of Alabama, (6) Telephone surveys of parents, on the ‘‘(I) One member appointed by the Sec- other hand, represent a relatively cost-effec- retary of Health and Human Services. Alaska, Arkansas, Hawaii, Idaho, Iowa, tive strategy for obtaining information on ‘‘(II) One member appointed by the Chair- Kansas, Louisiana, Maine, Mississippi, child well-being at the State level for all man of the Committee on Ways and Means of Montana, Nebraska, Nevada, New States, including small States. the House of Representatives. Hampshire, New Mexico, North Da- (7) Data from telephone surveys of the pop- ‘‘(III) One member appointed by the Rank- kota, Oklahoma, Oregon, South Da- ulation are used to monitor progress toward ing Member of the Committee on Ways and kota, Utah, Vermont, West Virginia, many important national goals, including Means of the House of Representatives. and Wyoming. Moreover, data from a immunization of preschool children with the ‘‘(IV) One member appointed by the Chair- cross-sectional survey would be avail- National Immunization Survey, and the man of the Committee on Finance of the able to State policy-makers on a far identification of health care issues of chil- Senate. dren with special needs with the National ‘‘(V) One member appointed by the Rank- more timely basis than those of a na- Survey of Children with Special Health Care ing Member of the Committee on Finance of tional longitudinal study, a matter of Needs. the Senate. months instead of years. (8) A State-level telephone survey can pro- ‘‘(VI) One member appointed by the Chair- Further, this bill avoids some of the vide information on a range of topics, includ- man of the National Governors Association, other problems that plague the current ing children’s social and emotional develop- or the Chairman’s designee.

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 17, 2005 CONGRESSIONAL RECORD — SENATE S1631 ‘‘(VII) One member appointed by the Presi- penses that are associated with mili- refundable, 100-percent income tax dent of the National Conference of State tary activation, such as the need for credit of up to $20,000 annually to a Legislatures or the President’s designee. extra day care. military reservists on active duty ‘‘(VIII) One member appointed by the Di- The Pentagon doesn’t track the num- based upon the difference in wages paid rector of the National Academy of Sciences, ber of reservist families who have to or the Director’s designee. in his or her private sector or civilian ‘‘(ii) DEADLINE.—The members of the advi- live on diminished incomes during de- job and the military wages paid upon sory panel shall be appointed not later than ployment. But it is clearly a signifi- mobilization. For this purpose, a quali- 2 months after the date of enactment of the cant problem. The Pentagon’s Reserve fied military reservist is a member of State Child Well-Being Research Act of 2005. Forces Policy Board says that one- the National Guard or Ready Reserve ‘‘(C) MEETINGS.—The advisory panel estab- third of all mobilized Reserve compo- who is mobilized and serving for more lished under subparagraph (A) shall meet— nent members earn less than their pri- than 90 days. ‘‘(i) at least 3 times during the first year vate sector and civilian salaries while In conclusion, we owe a great deal to after the date of enactment of the State on active duty. Other estimates are those Americans who put on their uni- Child Well-Being Research Act of 2005; and ‘‘(ii) annually thereafter for the 3 suc- even higher. For example, 45 percent of forms and serve in the military in the ceeding years. reserve officers and 55 percent of en- most difficult of circumstances. We can ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— listed members who were activated for never fully repay that debt. However, There are authorized to be appropriated for the 1990 Gulf War reported income loss. we can do much more to remove the each of fiscal years 2006 through 2010, And a 1998 survey of junior enlisted immediate financial burden that many $15,000,000 for the purpose of carrying out members of the California National reserve and National Guard families this subsection.’’. Guard’s 40th Infantry Division showed experience when a family member is By Mr. DORGAN (for himself and that the great majority risked cutting ordered to active duty. This legislation Mr. SHELBY): their household income somewhere be- will provide those families with some S. 417. A bill to amend the Internal tween 16 percent and more than 65 per- much-needed financial assistance. I Revenue Code of 1986 to provide for a cent if they were called to active duty. urge my colleagues in the Senate to refundable wage differential credit for The most recent information on mo- support my efforts to get this tax relief activated military reservists; to the bilization income loss comes from the measure enacted into law as soon as Committee on Finance. year 2000. Some 41 percent of Guards- possible. Mr. DORGAN. Mr. President, I rise men and reservists who were mobilized Mr. SHELBY. Mr. President, I rise today to introduce legislation, along that year reported income losses rang- today to introduce legislation with with Senator SHELBY, to provide a fi- ing from $350 to more than $3,000 per Senator DORGAN to provide a financial nancial safety net for the families of month. Self-employed reservists re- safety net for the families of our serv- our young men and women who proud- ported an average income loss of $1,800 icemembers who proudly serve in our ly serve in the Nation’s military re- per month. Physicians and registered Nation’s military Reserve and National serve and National Guard. nurses in private practice reported an Guard. Our country is demanding that our average income loss of as much as Today, our National Guard and Re- military reservists and members of the $7,000 per month. serve units are being called upon more National Guard play a more crucial Those were big losses. But when that than ever and are being asked to serve and sustained role in supplementing survey was conducted in 2000, reserv- their country in a very different way the activities of our traditional Armed ists were mobilized for an average of than in the past. The Global War on Forces than at any other time in our only 3.6 months. Today mobilizations Terror and the high operational tempo recent history. In response to the Iraq of up 14 to 18 months are common. So of our military require that our Re- war and homeland security needs, the the cumulative impact of lost wages is serve components play a more active country has called up hundreds of much bigger. role in the total force. thousands of our reservists and Guard The loss of income that reservists In the past, our Reservists were ex- members for extended tours of duty of and Guardsmen incur when they are or- actly what their name implied—a up to 18 months. dered to leave their good-paying pri- backup force called upon one weekend Today, almost 184,000 National vate sector or civilian jobs to serve a month and two weeks a year. How- Guardsmen and reservists are on active their country often creates an unman- ever, as the Cold War melted away, so duty. Military leaders expect the total ageable financial burden that disrupts did much of our military. Active Duty number of reservists and Guardsmen on the lives of their families who are al- numbers were reduced as our major active duty for the war on terrorism to ready trying to cope with the emo- threat, the Soviet Union, fell apart. remain above 100,000 for the indefinite tional stress and hardship caused by Since this reduction in our Active future. the departure of a beloved spouse, fa- Duty armed forces, the burden has fall- Since September 11, 2001, more than ther or mother who has been ordered to en to the Reservists to ‘‘pick up the 2,000 of North Dakota’s Guardsmen and active duty. slack.’’ reservists have been called to duty and In the mid-1990s the Pentagon tried Unlike any other time in our Na- placed in harms way around the globe. to deal with this problem by offering tion’s history, we now depend heavily One of the issues I hear most often members of the National Guard and on our Reserve component and have about from those service members and Reserve the opportunity to buy insur- called on many of them to participate their families is how hard it is for them ance to guard against their risk of in major deployments, including Oper- to make ends meet on their military being called to active duty and losing ation Enduring Freedom and Operation incomes. income. The program sold coverage for Iraqi Freedom. These deployments fre- When Guard members or reservists income losses of up to $5,000 per month. quently necessitate extended tours of are mobilized, it has an enormous im- Unfortunately, the program was poorly duty, many of them exceeding twelve pact not only on their lives, but also on planned and executed, and Congress months, for these citizen-soldiers. the lives of their loved ones. In many had to appropriate substantial money These long tours and frequent activa- cases when an individual is mobilized, to bail out the program before it was tions have a profound and disruptive his or her family may experience a se- terminated. Since then the private sec- effect on the lives of these men and rious loss of income. This is because tor has not shown any interest in re- women and on the lives of their fami- active duty military compensation viving the mobilization income insur- lies and loved ones. Many of our reserv- often falls below what reservists earn ance program. Thus, we need to find ists suffer a significant loss of income in civilian income. In addition, some another way to deal with the issue. The when they are mobilized—forcing them reservists experienced continuing fi- solution I propose is one suggested by to leave often higher paying civilian nancial losses after return to civilian the Pentagon’s Reserve Forces Policy jobs to serve their country. Such losses life due to neglected businesses or pro- Board, that is, an income loss tax cred- can be compounded by additional fam- fessional practices. it. ily expenses associated with military These income losses are often exacer- The legislation that Senator SHELBY activation, including the cost of long bated by the additional family ex- and I are introducing provides a fully distance phone calls and the need for

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1632 CONGRESSIONAL RECORD — SENATE February 17, 2005 additional child care. These cir- ingly clear to many that the lack of and their families. This bill is targeted cumstances create a serious financial oversight in this area has allowed cer- at the few who abuse the system and burden that is extremely difficult for tain individuals to push high cost fi- prey upon our military. reservists’ families to manage. We can nancial products on unknowing mili- Congress is fully aware of the dan- and should do more to alleviate this fi- tary personnel. This practice must be gers faced by our military personnel in nancial burden. stopped. Our soldiers and their families keeping our country safe from harm. Previously, the Pentagon tried to ad- deserve much better, especially during Likewise, we must do all that we can dress this problem by offering members a time when so many of them are serv- to arm our soldiers when they face the of the National Guard and Reserve the ing at home and overseas to protect dangers of planning for their financial opportunity to buy insurance to pro- our freedom. futures. tect against income loss upon mobili- The bill that we introduce today will I urge my colleagues to take up this zation in the mid-1990s. The program halt completely the sale of a mutual bill immediately so that we can help sold coverage for income losses of up to fund-like product that charges a 50 per- our men and women in the military $5,000 per month. Unfortunately, the cent sales commission against the first and their families. program was poorly planned and exe- year of contributions by a military cuted, and Congress had to appropriate family. Currently, there are hundreds By Mr. KYL: substantial money to bail out the pro- of mutual fund products available on S. 419. A bill to amend the Internal gram before it was terminated. Since the market that charge less than six Revenue Code of 1986 to modify the then, the private sector has shown lit- percent. The excessive sales charges of treatment of qualified restaurant prop- tle interest in reviving the mobiliza- these contractually based financial erty as 15-year property for purposes of tion income insurance program even products make them susceptible to the depreciation deduction; to the though the Reserve Forces Policy abusive and misleading sales practices. Committee on Finance. Board has sighted income protection as In addition, certain life insurance Mr. KYL. Mr. President, today I am one of its top recommendations. products are being offered to our serv- introducing legislation to make the 15- It is critical that we find another ice members disguised and marketed as year depreciation recovery period for way to deal with the issue. Therefore, investment products. These products improvements to restaurants perma- Senator DORGAN and I have proposed provide very low death benefits while nent, and to extend this treatment to the Military Reserve Mobilization In- charging very high premiums, espe- cover new restaurant construction as come Security Act. This legislation cially in the first few years. Many of well. Last year, in the American Jobs would provide a completely refundable these products are unsuitable for the Creation Act of 2004 (Public Law 108– income tax credit of up to $20,000 annu- insurance and investment needs of 357), Congress set the depreciation re- ally to a military reservist called to military families. covery period for renovations and im- active duty. The amount of the tax One of the major problems with the provements made to existing res- credit would be based upon the dif- sale of insurance products on military taurant buildings at 15 years, but this ference between wages paid by the re- bases is the confusion of whether state treatment only applies to property servist’s civilian job and the military insurance regulators or military base placed in service before the end of 2005. wages paid upon mobilization. The tax commanders are responsible for the The legislation I am introducing credit would be available to members oversight of sales agents. Typically, today will permanently set the depre- of the National Guard or Ready Re- military base commanders will bar cer- ciation recovery period for new res- serve who are serving for more than 90 tain sales agents from a military base taurant construction and for improve- days and would vary according to their only to have the sales agents show up ments to existing restaurants at 15 length of service. at other military facilities. Since there years. It simply makes no sense that Now is the time to recognize the is no record of the bar, State insurance the current law providing a 15-year life service and sacrifice of the men and regulators have been unable to have for improvements to restaurant prop- women who are in the Reserves. At a adequate oversight of the individuals. erties expires at the end of 2005. Res- time when the Nation is once again The bill that we introduce today will taurants are businesses, and they need calling them to active duty to execute solve that problem. It will state clearly the certainty to plan investments sev- the war in Iraq, fight the War on Ter- that State insurance regulators have eral years in advance. Further, Con- rorism, and to defend our homeland it jurisdiction of the sale of insurance gress should expand the treatment to is imperative that Congress recognize products on military bases. apply to new construction, as well as the vital role these soldiers play within The bill will also urge State insur- to improvements. our military and acknowledge that the ance regulators to work with the De- Restaurants are high-volume busi- success of our military depends on partment of Defense to develop life in- nesses. Every day, more than half of all these troops. surance product standards and disclo- Americans eat out. Restaurants get I believe that what Senator DORGAN sures. The Department of Defense will more customer traffic and maintain and I are doing with this bill is the keep a list of individuals who are longer hours than the average commer- least we can do for these men and barred or banned from military bases cial business—many staying open 7 women and their families. It is not too due to abuse or unscrupulous sales tac- days a week. This tremendous amount much to ask of our Nation and more tics and to share that list with Federal of activity causes rapid deterioration importantly, it is the right thing to do. and State insurance, securities and in a restaurant building’s systems, other relevant regulators. from its entrances and lobbies to its By Mr. ENZI (for himself, Mrs. Finally, the bill that we are intro- flooring, restrooms, and interior walls. CLINTON, Mr. HAGEL, and Mr. ducing today will protect our military Restaurants improve and renovate SCHUMER): families by preventing investment constantly to accommodate the wear S. 418. A bill to protect members of companies from issuing periodic pay- and tear of heavy customer traffic and the Armed Forces from unscrupulous ment plan certificates, the mutual to keep pace with changing consumer practices regarding sales of insurance, fund-like investment product with ex- preferences. Clearly, a 39-year depre- financial, and investment products; to tremely high first year costs. This type ciation recovery period—which is what the Committee on Banking, Housing, of financial instrument has been criti- the recovery period will revert to after and Urban Affairs. cized by securities regulators since the 2005—does not match the economic life Mr. ENZI. Mr. President, I rise today late 1960s. for new restaurant buildings or for im- with my colleague from New York to It should be noted that there are provements to existing structures. introduce the Military Personnel Fi- many upstanding financial and insur- Moreover, permanently setting the nancial Services Protection Act of 2005. ance companies that sell very worth- depreciation recovery period at 15 This bill is needed to protect our mili- while investment and insurance prod- years will encourage significant eco- tary personnel and their families from ucts to military families. They should nomic activity. According to the Na- unscrupulous financial products. Over be applauded for the fine job that they tional Restaurant Association, a 15- the past year, it has become increas- do in helping our military members year depreciation recovery period for

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 17, 2005 CONGRESSIONAL RECORD — SENATE S1633 new restaurant construction and im- of respondents who supported his oppo- American people understand that the provements to existing properties nent in the last election label the death tax represents multiple levels of would generate an additional $3.7 bil- death tax somewhat or very ‘‘unfair.’’ taxation. Fully 80 percent of those in a lion in cash flow for the restaurant in- And the death tax is unfair, first of recent survey said that the tax rep- dustry over the next 10 years. If res- all, to the decedent and to his or her resents an ‘‘extreme’’ form of ‘‘triple taurants use just 25 percent of this in- heirs. We are talking about people who taxation.’’ flux of cash to expand and undertake work hard throughout their lives, per- The death tax has a broader eco- additional renovations, the Restaurant haps start businesses, or perhaps buy nomic reach than to just those imme- Association study predicts that the 10- homes in fast-growing metropolitan diately hit with the tax. Suppose a year economic impact would be $853 areas where real estate values are sky- small business employs 25, maybe 30 million. rocketing. Or it could be such a person people, all of whom rely on the busi- I hope all of my colleagues will join owns a farm or just works hard in a ness for their livelihood, health insur- me in this effort to bring certainty and company owned by others, but that ance, and retirement savings. The en- a rational depreciation recovery period person saves and invests and eventu- trepreneur’s heirs may not have to the restaurant industry so that res- ally accumulates a small but respect- enough cash to pay the applicable taurant owners can continue to expand able nest egg. As you can see, the tax death tax, so they may be forced to liq- their businesses and provide good jobs reaches far more than the ‘‘ultra-rich,’’ uidate the business. Depending on who to American workers. its intended targets when it was first buys the assets and what is done with imposed. The American dream is to be them, the employees may now have to By Mr. KYL (for himself, Mr. able to leave these assets to one’s chil- find other jobs. Moreover, all of the NELSON of Florida, Mr. ALLARD, dren so that they might enjoy a better companies that sold items to or bought Mr. ALLEN, Mr. BURNS, Mr. life than their parents. It is simply un- items from this business might need to INHOFE, Mr. TALENT, and Mr. fair and immoral for the government to find other suppliers or customers, leav- THUNE): take more than half of these assets at ing a hole in the economy. According S. 420. A bill to make the repeal of death. to the IRS ‘‘Statistics of Income,’’ es- the estate tax permanent; to the Com- Americans understand that the death tate and gift taxes only brought in mittee on Finance. tax is unfair because it falls on fami- about $22.8 billion in fiscal year 2003 Mr. KYL. Mr. President, today I am lies when they have the least ability to barely more than one percent of all pleased to introduce the Death Tax Re- make significant economic decisions: gross tax collections by the Treasury peal Permanency Act of 2005 along with at the time they lose a loved one. Fur- Department. For such a small amount Senator BILL NELSON. This bipartisan ther, it is unfair because expensive tax of revenue, the death tax inflicts a dis- legislation will make the death tax a planning can significantly ease the ef- proportionately large amount of dam- thing of the past. fect of the death tax. If you have the age on the economy. As we all know, Congress, working money to hire the right lawyer, buy One of the most interesting state- with President Bush, enacted bipar- the large insurance policies that are ments about the death tax was made tisan legislation in 2001 to phase out needed, and do the proper planning, by Edward J. McCaffrey, a law pro- and eventually repeal the death tax in your family can be spared much of the fessor from the University of Southern 2010. Unfortunately, because we did not financial pain caused by the death tax. California and self-described liberal, in have the 60 votes we needed to avoid a If, on the other hand, you die without testimony before Congress several filibuster by opponents of the cuts, we warning or if you have an unexpectedly years back. He said, ‘‘Polls and prac- could not make the repeal permanent. large estate due to increased property tices show that we like sin taxes, such Rather, under Senate rules, the cuts values and prudent investments, you as on alcohol and cigarettes. . . . The could only be extended for the term of are caught paying a larger tax. Taxes estate tax is an anti-sin, or a virtue, the budget: 10 years. As a consequence, required as a result of intentional, tax. It is a tax on work and savings the death tax springs back to life in planned economic decisions are one without consumption, on thrift, on 2011, at its old rate of up to 60 percent thing; taxes on an untimely death are long term savings.’’ and at its old exemption level of only quite another. I urge Congress to act this year to $1 million. Senator NELSON and I un- Not only is the death tax unfair; it end this tax on virtue, work, savings, derstand that this tax structure is sim- hurts economic growth. The death tax job creation and the American dream, ply unworkable for families and family creates a disincentive to build a family and to end it permanently. businesses. We agree that the best solu- farm, ranch, or other business with the Mr. NELSON of Florida. Mr. Presi- tion is to simply get rid of the death goal of passing it on to one’s children. dent, I rise today with my colleague tax once and for all. That’s why we are In some cases, it makes more sense for from Arizona, Senator KYL, to intro- introducing legislation today to make a family business to be sold when the duce a bill that will eliminate the death tax repeal permanent. owner retires, since the taxes, pri- death tax once and for all. I want to Senator NELSON and I are joined in marily capital gains taxes, are going to thank my friend for his tireless leader- this effort by Senators ALLARD, ALLEN, be much lower if the assets are sold ship in fighting to completely and per- BURNS, INHOFE, TALENT, and THUNE, while the owner is still alive. Further, manently repeal this unfair and unwise and we have the full support of Presi- planning for the death tax makes it tax. I am proud to join him in this bi- dent Bush, who once again included harder to expand a family business be- partisan effort. permanent repeal of the death tax in cause needed resources are spent on at- First, though, I think a little histor- his Fiscal Year 2006 budget proposal. torneys and life insurance instead of ical context is important. Remem- The death tax is an unfair, ineffi- growing the business. As much is spent bering back to 2001, this body passed a cient, economically unsound and, each year on such ‘‘avoidance plan- tax cut bill that set us on the path to- frankly, an immoral tax that should be ning’’ as is collected in death taxes by ward full repeal of the death tax. Under removed from the tax code. A recent the government. this plan, between 2001 and 2009, the tax survey found that 58 percent of Ameri- The death tax also hurts economic gradually is phased out, reducing the cans believe the death tax is ‘‘com- growth by discouraging savings and in- marginal rates and increasing the pletely unfair.’’ In contrast, only 10 vestment. Whether it falls on a family amount that would be exempt from percent of those surveyed said the business built through hard work or on taxes. same about sales taxes. Moreover, this a family with a home and a lifetime of Then, in 2010, the death tax will be view is shared by Americans across in- investments in 401(k) and IRAs thanks eliminated. But it springs back to life come levels and political parties: 61 to prudent living, it claims nearly half in 2011 at the level it was in 2001. percent of Americans making less than of an estate over the unified credit Today, the legislation we are intro- $30,000 a year believe the death tax is amount ($1.5 million in 2005) for the ducing tends to Congress’ unfinished ‘‘completely unfair’’; 89 percent of re- federal government. Such confiscatory business. Our bill eliminates the so- spondents who supported President tax rates give people little incentive to called ‘‘sunset’’ date and, simply put: Bush in the last election and 71 percent save and invest. What’s more, the keeps the death tax dead.

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1634 CONGRESSIONAL RECORD — SENATE February 17, 2005 This is an important point. It is a access to the Great Lakes is only a por- I am very proud to be working with matter of intellectual honesty and pro- tion of what makes my State an excel- Senator LOTT on this issue. Passing vides much needed stability in estate lent boating and fishing destination. this legislation will be a top priority planning. No one ever truly expected From the Mississippi River to Sturgeon for me in the 109th Congress. It is an the death tax would revert to pre-2001 Bay, Wisconsin encompasses thousands issue that I know is important to the levels. This was a quirk of the budget of acres of lakes and rivers; my State is people of Wisconsin: to boaters on the process, and something I always be- home to more than 1.4 million anglers, Great Lakes; to the Department of lieved would be remedied. and a destination for thousands of Natural Resources; to anglers on rivers Without action to create permanence boating and fishing related tourists and lakes throughout the state. I can in the Tax Code, this on-again, off- each year. In 2001, approximately $1 assure every Senator that it is equally again, then on again approach makes billion was spent in the State on fish- important to people in his or her State, estate planning complicated and uncer- ing related activities, according to a and I look forward to working with my tain. As it stands now—financially study conducted by the Fish and Wild- colleagues to ensure this legislation’s speaking—2010 will be a good year to life Service. Recreational boating is an adoption. die, but dying in 2011 will be very ex- equal partner to the sport fishing in- pensive for your heirs. This was never dustry, with more than $526 million By Mr. BOND (for himself, Mr. Congress’ intent. being spent in 2003 on powerboats and KENNEDY, Mr. TALENT, Mr. Furthermore, I believe the cost of accessories. As a recreation for resi- JOHNSON, and Mr. ISAKSON): planning is a tremendous burden on dents and draw for tourists, the con- S. 424. A bill to amend the Public our economy. Rather than reinvesting tribution of water sports to Wisconsin Health Service Act to provide for ar- resources in their businesses, Ameri- is immeasurable. thritis research and public health, and cans are paying lawyers, accountants Today, Senator LOTT and I are intro- for other purposes; to the Committee and insurers to help insulate their fam- ducing legislation aimed at giving back on Health, Education, Labor, and Pen- ilies from the cost of the death tax. to the fishing and boating commu- sions. Typical business owners are more con- nities. This legislation, however, would Mr. KENNEDY. Mr. President, it is cerned about avoiding the tax than in- not exist if it were not for the leader- an honor to join my colleagues, Sen- vesting in their businesses and making ship of Senator Breaux, who worked ators BOND, TALENT, JOHNSON, and money, which creates jobs and stimu- tirelessly on boating and fishing issues ISAKSON, in introducing the ‘‘Arthritis lates the economy. during his tenure in Congress. In 1984, Prevention, Control, and Cure Act of I echo the feelings of an editor at the as a member of the House of Represent- 2005’’, and I commend them for their Arkansas Democrat-Gazette, who in atives, he worked with then Senator commitment to this important issue. Malcolm Wallop, to create the Aquatic 2001 called this tax ‘‘an un-American The bill is the product of extensive co- Resources Trust Fund. The trust fund, drag on the American Dream—and operation and input from the arthritis commonly known as the Wallop-Breaux economy.’’ community, including health pro- Trust Fund, serves as a collection Since my election in 2000 it has been viders, patients, and their families. point for most of the excise taxes at- a priority of mine to do away with this Through this legislation we hope to tributable to motorboat and small en- tax, helping business owners and fam- lessen the burden of arthritis and other gine fuels, as well as the taxes on fish- ily farmers to improve their children’s rheumatic diseases on citizens across ing equipment. The Wallop-Breaux standard of living, and to reinvest in the Nation. fund is one of the most successful ex- the nation’s economy. This is the Seventy million adults—one of every amples of a ‘‘user pays, user benefits’’ wrong tax levied at the wrong time; we three in the nation—suffer from arthri- program; the excise taxes that are col- should not be taxing individuals at tis or related conditions, and all ages lected into the fund are then used on death, forcing family members to make are affected. Nearly two-thirds of its a choice between selling assets or keep- programs that directly benefit boaters and anglers. The funding is then dis- victims are under the age of 65, and ing the family business. 300,000 are children. Arthritis accounts In particular, farmers in Florida are tributed to States for activities rang- for 4 million days of hospital care each affected more than their fair share by ing from boating safety education to year, and results in 44 million out- this tax. With the high price of land, maintaining our nation’s wetlands. patient visits. It costs $51 million in farms can easily outgrow the exemp- I am dedicated to continuing the leg- annual medical care, and $86 million tions in current law. When a parent acy of Wallop-Breaux. That is why Sen- more in lost productivity. For 8 million dies, children are forced to sell the land ator LOTT and I are introducing legisla- Americans, it is an overwhelming hard- in order to cover the death tax. A fam- tion that will reauthorize the Aquatic Resources Trust Fund and expand the ship involving serious disability. ily legacy is lost, and so are jobs. In recent years, research into the I am proud to introduce this bill size of the Fund. The legislation we are prevention and treatment of arthritis today, and I look forward to working introducing today mirrors the Sport has led to measures to improve the with Senator KYL as we try to lend Fishing and Recreational Boating Safe- quality of life for large numbers of per- some stability and sensibility to how ty bill in the 108th Congress, which was sons suffering from the disease. We taxes are levied at death. later incorporated in the Senate-passed version of the highway reauthorization know that early diagnosis, treatment, By Mr. LOTT (for himself and Mr. bill. Unfortunately, the legislation was and appropriate management are key KOHL): not enacted before the end of the last to success. A National Arthritis Action S. 421. A bill to reauthorize programs session. Plan has been developed that could relating to sport fishing and rec- In addition to reauthorizing this im- provide timely information and more reational boating safety, and for other portant program, Senator LOTT and I effective medical care nationwide, but purposes; to the Committee on Com- are introducing legislation that would less than one percent of persons with merce, Science, and Transportation. recover approximately $110 million per arthritis are benefiting from the Mr. KOHL. Mr. President, I rise year of excise taxes currently being knowledge. With a real commitment, today to join Senator LOTT in intro- paid by anglers and boaters. Under cur- we can bring the highest quality of ducing legislation which is of great im- rent law, only 13.5 cents is sent to the care to everyone with arthritis. portance to millions of people through- Aquatic Resources Trust Fund, which Our legislation will implement strat- out the country. The sport fishing and is only a portion of the 18.3 cents that egies to carry out the National Arthri- boating communities play a vital role is collected on motorboat and small en- tis Action Plan. That means sup- in our Nation’s economy, and I am gine fuels. Restoring the remaining ex- porting prevention and treatment pro- pleased to be working with Senator cise taxes will significantly boost fund- grams and developing education and Lott on legislation that will directly ing for the important programs under outreach activities. It means coordi- impact boaters and anglers every- the Sport Fish Restoration Act. In Wis- nating and increasing research for pre- where. consin, this could amount to an addi- vention and treatment, and applying In Wisconsin, anglers and boaters are tional $3 million annually for fishing the results to every age group affected integral to the State’s economy. Our and boating activities. by the disease.

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 17, 2005 CONGRESSIONAL RECORD — SENATE S1635 We include planning grants to sup- does not include the environmental and peak demand for power and their cus- port innovative research on juvenile other social costs of continued expan- tomers’ power use between 2006 and arthritis in order to develop better care sion of our presently centralized power 2015. and treatment for children, and collect system. Power lines are expensive and Finally, the bill enacts standards data on its likely causes. We support are rarely welcomed by the nearby pub- that enable increased on-site, or dis- training for health providers special- lic. The loan guarantees in the bill will tributed, generation to reduce pressure izing in pediatric rheumatology, so help balance the need for new trans- on the grid and lessen the impact of a that all children will have greater ac- mission lines by providing federal re- blackout should one occur. We have an cess to these uniquely qualified physi- sources to help improve existing ones. obligation, Mr. President, to ensure cians. In addition to addressing system op- that the electricity grid is secure. We The legislation will improve the eration and transmission needs, the currently have a giant system con- quality of life for large numbers of bill also promotes sound system man- sisting of almost 200,000 miles of inter- adults and children. It will save lives, agement. It establishes a Federal sys- connecting lines that constantly shift reduce disability, and avoid millions of tem benefits fund as a match for state huge amounts of electricity through- dollars in medical costs. Citizens ev- programs. Historically, regulated elec- out the country. Such a giant and com- erywhere will have greater access to tric utility companies have provided a plex system, traversing miles of city the latest research and medical care to number of energy-related public serv- and countryside, is inevitably subject prevent and treat this debilitating dis- ices beyond simply supplying elec- to unforseen problems. Simply making ease. I urge our colleagues to support tricity that benefit the system as a it bigger will never take away all un- this much needed legislation. whole. Such services have included bill certainty, nor can it eliminate the vul- payment assistance and energy con- nerability of the grid to sabotage or By Mr. JEFFORDS (for himself, servation measures for low-income terrorist attack. We should do all we Ms. CANTWELL, and Mr. KEN- households, energy efficiency programs can to make certain such vulnerabil- NEDY): for residential and business customers, ities are reduced. S. 426. A bill to enhance national se- and pilot programs to promote renew- In summary, I am introducing this curity by improving the reliability of able energy resources. More than 20 legislation because I feel that we the United States electricity trans- states, including my home state of should be cautious in our assumptions mission grid, to ensure efficient, reli- Vermont, have public benefits pro- that the answer to our nation’s reli- able and affordable energy to American grams. This bill will provide needed ability woes lies primarily in building consumers, and for other purposes, to federal matching money to States for a bigger, more expansive grid. Simply the Committee on Energy and Natural these programs. Our states can use building more transmission lines is not Resources. these funds. They will be able to move the answer. Investments in energy effi- Mr. JEFFORDS. Mr. President, today more quickly to deploy these low-cost ciency and on-site generation can sig- I am introducing comprehensive legis- strategies with federal help. nificantly improve the reliability of lation to ensure the reliable delivery of The Alliance to Save Energy esti- the nation’s electricity grid and in electric power in the United States. mates that a federal program to match most cases will be cheaper, faster to Last Congress, in August of 2003, existing state public benefits programs implement and more environmentally nearly 50 million people in the North- would save 1.24 trillion kilowatt-hours friendly than large-scale grid expan- east and Midwest were affected by a of electricity over 20 years, and cut sion. We also must fill the regulatory massive power outage. This event em- consumer energy bills by about $100 gaps in the system, which my bill does. phasized the vulnerability of the U.S. billion dollars. Mr. President, my bill, Congress should establish mandatory electricity grid to human error, me- which has the potential to save con- reliability standards and close other chanical failure, and weather-related sumers $100 billion dollars is far pref- regulatory gaps left by state deregula- outages. We must act to protect the erable to raising consumer electricity tion of the electricity sector. In addi- grid from devastating interruptions in bills by the $100 billion dollars to raise tion, no national reliability program the future. That is why I am intro- money for grid expansion. My Vermont will be effective or complete without ducing this bill today to ensure greater constituents would prefer to keep the strong incentives for demand-side man- reliability in our electricity delivery lights on, and their money in their own agement programs for efficiency and system. pockets. The bill also establishes en- for on-site generation. My bill, the Electric Reliability Se- ergy efficiency performance standards We cannot solve today’s energy prob- curity Act of 2005, will help achieve re- for utilities. The United States has ex- lems with yesterday’s solutions. My liability and security of the electricity perienced tremendous growth in elec- bill is an innovative approach to ensur- grid in an efficient, cost-effective, and tricity consumption over the past dec- ing electric reliability by maximizing environmentally sound manner. It does ade. Current estimates are that elec- energy efficiency, regulatory effi- so by creating mandatory, nationwide tricity consumption is increasing at ciency, and efficient investment. Given electric reliability standards. roughly 2 percent per year. the high costs of power outages to our The bill also mandates regional co- Between 1993 and 1999, U.S. summer country, we cannot afford to do other- ordination in the siting of transmission peak electricity use alone increased by wise. facilities, and provides $10 billion dol- 95,000 megawatts. This is the equiva- I invite my colleagues to join me in lars in loan guarantees to finance lent of adding a new, six-state New my efforts to advance energy security ‘‘smart grid’’ technologies that im- England to the nation’s electricity de- and reliability in the United States. I prove the way the grid transmits mand every fourteen months. Energy ask unanimous consent that the text of power. experts estimate that as much as 50 the bill be printed in the RECORD. While a $10 billion dollar investment percent of expected new demand over There being no objection, the bill was may seem to be a large investment, it the next 20 years can be met through ordered to be printed in the RECORD, as is significantly less than the trans- consumer efficiency and load manage- follows: mission cost estimates that have cir- ment programs. Over the past two dec- S. 426 culated following the Northeast black- ades, utility demand-side efficiency Be it enacted by the Senate and House of Rep- out. Industry experts estimated that it programs have avoided the need for resentatives of the United States of America in would cost consumers as much as $100 more than 100 300-megawatt power Congress assembled, billion dollars to upgrade transmission plants. However, with the advent of SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) SHORT TITLE.—This Act may be cited as systems and site new lines to meet fu- electricity deregulation, utility spend- the ‘‘Electric Reliability Security Act of ture reliability needs. ing on these efficiency programs has 2005’’. However, even this hefty price tag dropped by almost half. The federal (b) TABLE OF CONTENTS.—The table of con- does not factor in the costs of addi- government should seek to correct this tents of this Act is as follows: tional generation, does not consider trend, and this bill takes a strong first Sec. 1. Short title; table of contents. the rising cost of natural gas due to in- step in that direction by phasing in a TITLE I—RELIABILITY creasing electricity consumption, and requirement that utilities reduce their Sec. 101. Electric reliability standards.

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0655 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1636 CONGRESSIONAL RECORD — SENATE February 17, 2005 Sec. 102. Model electric utility workers tion, within the United States, over the ERO to be applicable on an interconnection-wide code. certified by the Commission under sub- basis is just, reasonable, and not unduly dis- Sec. 103. Electricity outage investigation. section (c), any regional entities, and all criminatory or preferential, and in the pub- Sec. 104. Study on reliability of United users, owners and operators of the bulk- lic interest. States energy grid. power system, including the entities de- ‘‘(4) The Commission shall remand to the TITLE II—EFFICIENCY scribed in section 201(f), for purposes of ap- Electric Reliability Organization for further consideration a proposed reliability standard Sec. 201. System benefits fund. proving reliability standards established or a modification to a reliability standard Sec. 202. Electricity efficiency performance under this section and enforcing compliance that the Commission disapproves in whole or standard. with this section. ‘‘(B) All users, owners, and operators of the in part. Sec. 203. Appliance efficiency. ‘‘(5) The Commission, upon a motion of the Sec. 204. Loan guarantees. bulk-power system shall comply with reli- ability standards that take effect under this Commission or upon complaint, may order TITLE III—ONSITE GENERATION section. the Electric Reliability Organization to sub- Sec. 301. Net metering. ‘‘(2) Not later than 180 days after the date mit to the Commission a proposed reliability Sec. 302. Interconnection. of enactment of this section, the Commission standard or a modification to a reliability Sec. 303. Onsite generation for emergency shall issue a final rule to implement this sec- standard that addresses a specific matter if facilities. tion. the Commission considers such a new or TITLE I—RELIABILITY ‘‘(c) CERTIFICATION.—(1) Following the modified reliability standard appropriate to issuance of a Commission rule under sub- carry out this section. SEC. 101. ELECTRIC RELIABILITY STANDARDS. ‘‘(6)(A) The final rule adopted under sub- (a) IN GENERAL.—Part II of the Federal section (b)(2), any person may submit an ap- plication to the Commission for certification section (b)(2) shall include fair processes for Power Act (16 U.S.C 824 et seq.) is amended the identification and timely resolution of by adding at the end the following: as the Electric Reliability Organization. ‘‘(2) The Commission may certify an ERO any conflict between a reliability standard ‘‘SEC. 215. ELECTRIC RELIABILITY. described in paragraph (1) if the Commission and any function, rule, order, tariff, rate ‘‘(a) DEFINITIONS.—In this section: determines that the ERO— schedule, or agreement accepted, approved, ‘‘(1)(A) The term ‘bulk-power system’ ‘‘(A) has the ability to develop and enforce, or ordered by the Commission applicable to a means— subject to subsection (e)(2), reliability stand- transmission organization. ‘‘(i) facilities and control systems nec- ards that provide for an adequate level of re- ‘‘(B) The transmission organization shall essary for operating an interconnected elec- liability of the bulk-power system; and continue to comply with such function, rule, tric energy transmission network (or any ‘‘(B) has established rules that— order, tariff, rate schedule, or agreement as portion thereof); and ‘‘(i) ensure the independence of the ERO is accepted, approved, or ordered by the ‘‘(ii) electric energy from generation facili- from the users and owners and operators of Commission until— ties needed to maintain transmission system the bulk-power system, while ensuring fair ‘‘(i) the Commission finds a conflict exists reliability. stakeholder representation in the selection between a reliability standard and any such ‘‘(B) The term ‘bulk-power system’ does of directors of the ERO and balanced deci- provision; not include facilities used in the local dis- sionmaking in any ERO committee or subor- ‘‘(ii) the Commission orders a change to tribution of electric energy. dinate organizational structure; the provision pursuant to section 206; and ‘‘(2) The terms ‘Electric Reliability Orga- ‘‘(ii) allocate equitably reasonable dues, ‘‘(iii) the ordered change becomes effective nization’ and ‘ERO’ mean the organization fees, and other charges among end users for under this part. ‘‘(C) If the Commission determines that a certified by the Commission under sub- all activities under this section; reliability standard needs to be changed as a section (c) the purpose of which is to estab- ‘‘(iii) provide fair and impartial procedures result of such a conflict, the Commission lish and enforce reliability standards for the for enforcement of reliability standards shall order the ERO to develop and file with bulk-power system, subject to Commission through the imposition of penalties in ac- the Commission a modified reliability stand- review. cordance with subsection (e) (including limi- ard under paragraph (4) or (5). ‘‘(3) The term ‘interconnection’ means a tations on activities, functions, or oper- geographic area in which the operation of ‘‘(e) ENFORCEMENT.—(1) Subject to para- ations, or other appropriate sanctions); graph (2), the ERO may impose a penalty on bulk-power system components is syn- ‘‘(iv) provide for reasonable notice and op- chronized such that the failure of 1 or more a user or owner or operator of the bulk- portunity for public comment, due process, power system for a violation of a reliability of such components may adversely affect the openness, and balance of interests in devel- ability of the operators of other components standard approved by the Commission under oping reliability standards and otherwise ex- subsection (d) if the ERO, after notice and an within the system to maintain reliable oper- ercising the duties of the ERO; and ation of the facilities within their control. opportunity for a hearing— ‘‘(v) provide for taking, after certification, ‘‘(A) finds that the user or owner or oper- ‘‘(4) The term ‘regional entity’ means an appropriate steps to gain recognition in Can- entity having enforcement authority pursu- ator has violated a reliability standard ap- ada and Mexico. proved by the Commission under subsection ant to subsection (e)(4). ‘‘(d) RELIABILITY STANDARDS.—(1) The ‘‘(5)(A) The term ‘reliability standard’ (d); and Electric Reliability Organization shall file ‘‘(B) files notice and the record of the pro- means a requirement, approved by the Com- each reliability standard or modification to mission under this section, to provide for re- ceeding with the Commission. a reliability standard that the Electric Reli- ‘‘(2)(A) A penalty imposed under paragraph liable operation of the bulk-power system. ability Organization proposes to be made ef- (1) may take effect not earlier than the 31st ‘‘(B) The term ‘reliability standard’ in- fective under this section with the Commis- day after the date on which the ERO files cludes requirements for the operation of ex- sion. with the Commission notice of the penalty isting bulk-power system facilities and the ‘‘(2)(A) The Commission may approve, by and the record of proceedings. design of planned additions or modifications rule or order, a proposed reliability standard ‘‘(B) The penalty shall be subject to review to those facilities to the extent necessary to or modification to a reliability standard if by the Commission upon— provide for reliable operation of the bulk- the Commission determines that the stand- ‘‘(i) a motion by the Commission; or power system. ard is just, reasonable, not unduly discrimi- ‘‘(ii) application by the user, owner, or op- ‘‘(C) The term ‘reliability standard’ does natory or preferential, and in the public in- erator that is the subject of the penalty filed not include any requirement to enlarge a fa- terest. not later than 30 days after the date on cility described in subparagraph (B) or to ‘‘(B) The Commission— which the notice is filed with the Commis- construct new transmission capacity or gen- ‘‘(i) shall give due weight to the technical sion. eration capacity. expertise of the Electric Reliability Organi- ‘‘(C) Application to the Commission for re- ‘‘(6) The term ‘reliable operation’ means zation with respect to the content of a pro- view, or the initiation of review by the Com- operating the elements of the bulk-power posed standard or modification to a reli- mission upon a motion of the Commission, system within equipment and electric sys- ability standard and to the technical exper- shall not operate as a stay of the penalty un- tem thermal, voltage, and stability limits so tise of a regional entity organized on an less the Commission orders otherwise upon a that instability, uncontrolled separation, or interconnection-wide basis with respect to a motion of the Commission or upon applica- cascading failures of such system will not reliability standard to be applicable within tion by the user, owner, or operator that is occur as a result of a sudden disturbance or that interconnection; but the subject of the penalty. unanticipated failure of system elements. ‘‘(ii) shall not defer with respect to the ef- ‘‘(D) In any proceeding to review a penalty ‘‘(7) The term ‘transmission organization’ fect of a standard on competition. imposed under paragraph (1), the Commis- means a regional transmission organization, ‘‘(C) A proposed standard or modification sion, after notice and opportunity for hear- independent system operator, independent shall take effect upon approval by the Com- ing (which hearing may consist solely of the transmission provider, or other transmission mission. record before the ERO and opportunity for organization finally approved by the Com- ‘‘(3) The Electric Reliability Organization the presentation of supporting reasons to af- mission for the operation of transmission fa- shall rebuttably presume that a proposal firm, modify, or set aside the penalty), shall cilities. from a regional entity organized on an inter- by order affirm, set aside, reinstate, or mod- ‘‘(b) JURISDICTION AND APPLICABILITY.— connection-wide basis for a reliability stand- ify the penalty, and, if appropriate, remand (1)(A) The Commission shall have jurisdic- ard or modification to a reliability standard to the ERO for further proceedings.

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 17, 2005 CONGRESSIONAL RECORD — SENATE S1637 ‘‘(E) The Commission shall implement ex- ‘‘(2) Nothing in this section authorizes the all interested parties, including representa- pedited procedures for hearings described in ERO or the Commission to order the con- tives of electric facility workers. subparagraph (D). struction of additional generation or trans- ‘‘(c) NOT AFFECTING OCCUPATIONAL SAFETY ‘‘(3) Upon a motion of the Commission or mission capacity or to set and enforce com- AND HEALTH.—In issuing a model code under upon complaint, the Commission may order pliance with standards for adequacy or safe- this section, the Secretary shall not, for pur- compliance with a reliability standard and ty of electric facilities or services. poses of section 4 of the Occupational Safety may impose a penalty against a user or ‘‘(3) Nothing in this section preempts any and Health Act of 1970 (29 U.S.C. 653), be owner or operator of the bulk-power system authority of any State to take action to en- deemed to be exercising statutory authority if the Commission finds, after notice and op- sure the safety, adequacy, and reliability of to prescribe or enforce standards or regula- portunity for a hearing, that the user or electric service within that State, as long as tions affecting occupational safety and owner or operator of the bulk-power system such action is not inconsistent with any reli- health.’’. has engaged or is about to engage in any act ability standard. SEC. 103. ELECTRICITY OUTAGE INVESTIGATION. or practice that constitutes or will con- ‘‘(4) Not later than 90 days after the date of Part III of the Federal Power Act (16 U.S.C. stitute a violation of a reliability standard. application of the Electric Reliability Orga- 824) is amended— ‘‘(4)(A) The Commission shall issue regula- nization or other affected party, and after (1) by redesignating sections 320 and 321 (16 tions authorizing the ERO to enter into an notice and opportunity for comment, the U.S.C. 825r, 791a) as sections 321 and 322, re- agreement to delegate authority to a re- Commission shall issue a final order deter- spectively; and gional entity for the purpose of proposing re- mining whether a State action is incon- liability standards to the ERO and enforcing (2) by inserting after section 319 (16 U.S.C. sistent with a reliability standard, taking 825q) the following: reliability standards under paragraph (1) if— into consideration any recommendation of ‘‘(i) the regional entity is governed by an ‘‘SEC. 320. ELECTRICITY OUTAGE INVESTIGATION the ERO. BOARD. independent board, a balanced stakeholder ‘‘(5) The Commission, after consultation ‘‘(a) ESTABLISHMENT.—There is established board, or a combination of an independent with the ERO and the State taking action, an Electricity Outage Investigation Board and balanced stakeholder board; may stay the effectiveness of any State ac- that shall be an independent establishment ‘‘(ii) the regional entity otherwise meets tion, pending the issuance by the Commis- within the executive branch. the requirements of paragraphs (1) and (2) of sion of a final order. ‘‘(b) MEMBERSHIP.—(1) The Board shall con- subsection (c); and ‘‘(j) REGIONAL ADVISORY BODIES.—(1) The sist of 7 members and shall include— ‘‘(iii) the agreement promotes effective and Commission shall establish a regional advi- ‘‘(A) the Secretary of Energy (or a des- efficient administration of bulk-power sys- sory body on the petition of at least 2⁄3 of the ignee); tem reliability. States within a region that have more than ‘‘(B) the Chairperson of the Federal Energy ‘‘(B) The Commission may modify a dele- 1⁄2 of the electric load of the States served Regulatory Commission (or a designee); gation under this paragraph. within the region. ‘‘(C) The ERO and the Commission shall ‘‘(2) A regional advisory body— ‘‘(C) a representative of the National Acad- rebuttably presume that a proposal for dele- ‘‘(A) shall be composed of 1 member from emy of Sciences appointed by the President; gation to a regional entity organized on an each participating State in the region, ap- ‘‘(D) a representative nominated by the interconnection-wide basis promotes effec- pointed by the Governor of the State; and majority leader of the Senate and appointed tive and efficient administration of bulk- ‘‘(B) may include representatives of agen- by the President; power system reliability and should be ap- cies, States, and provinces outside the ‘‘(E) a representative nominated by the mi- proved. United States. nority leader of the Senate and appointed by ‘‘(D) The regulations issued under this ‘‘(3) A regional advisory body may provide the President; paragraph may provide that the Commission advice to the Electric Reliability Organiza- ‘‘(F) a representative nominated by the may assign the authority of the ERO to en- tion, a regional entity, or the Commission majority leader of the House of Representa- force reliability standards under paragraph regarding— tives and appointed by the President; and (1) directly to a regional entity in accord- ‘‘(A) the governance of an existing or pro- ‘‘(G) a representative nominated by the mi- ance with this paragraph. posed regional entity within the same re- nority leader of the House of Representatives ‘‘(5) The Commission may take such action gion; and appointed by the President. as the Commission determines to be appro- ‘‘(B) whether a standard proposed to apply ‘‘(2) Each member of the Board shall dem- priate against the ERO or a regional entity within the region is just, reasonable, not un- onstrate relevant expertise in the field of to ensure compliance with a reliability duly discriminatory or preferential, and in electricity generation, transmission, and dis- standard or any Commission order affecting the public interest; tribution, and such other expertise as will the ERO or a regional entity. best assist in carrying out the duties of the ‘‘(6) Any penalty imposed under this sec- ‘‘(C) whether fees proposed to be assessed within the region are just, reasonable, not Board. tion shall bear a reasonable relation to the ‘‘(c) TERMS.—(1) Except as provided in seriousness of the violation and shall take unduly discriminatory or preferential, and in the public interest; and paragraph (2), each member of the Board into consideration the efforts of the user, shall serve for a term of 3 years. owner, or operator to remedy the violation ‘‘(D) any other responsibilities requested by the Commission. ‘‘(2) The Secretary of Energy and the in a timely manner. Chairperson of the Federal Energy Regu- HANGES IN ELECTRIC RELIABILITY OR- ‘‘(4) The Commission may give deference to ‘‘(f) C latory Commission shall be permanent mem- GANIZATION RULES.—(1) The Electric Reli- the advice of a regional advisory body if that bers of the Board. ability Organization shall file with the Com- body is organized on an interconnection-wide ‘‘(d) DUTIES.—The Board shall— mission for approval any proposed rule or basis. ‘‘(k) ALASKA AND HAWAII.—This section ‘‘(1) upon request by Congress or the Presi- proposed rule change, accompanied by an ex- dent, investigate a major bulk-power system planation of the basis and purpose of the rule does not apply to Alaska or Hawaii.’’. (b) STATUS OF ERO.—The Electric Reli- failure in the United States to determine the and proposed rule change. causes of the failure; ‘‘(2) The Commission, upon a motion of the ability Organization certified by the Federal ‘‘(2) report expeditiously to Congress and Commission or upon complaint, may propose Energy Regulatory Commission under sec- the President the results of the investiga- a change to the rules of the ERO. tion 215(c) of the Federal Power Act (as ‘‘(3) A proposed rule or proposed rule added by subsection (a)) and any regional en- tion; and change shall take effect upon a finding by tity delegated enforcement authority pursu- ‘‘(3) recommend to Congress and the Presi- the Commission, after notice and oppor- ant to section 215(e)(4) of that Act (as so dent actions to minimize the possibility of tunity for comment, that the change is just, added) are not departments, agencies, or in- future bulk-power system failure. reasonable, not unduly discriminatory or strumentalities of the United States Govern- ‘‘(e) COMPENSATION.—(1) Each member of preferential, is in the public interest, and ment. the Board shall be paid at the rate payable meets the requirements of subsection (c). SEC. 102. MODEL ELECTRIC UTILITY WORKERS for level III of the Executive Schedule for ‘‘(g) RELIABILITY REPORTS.—The ERO shall CODE. each day (including travel time) the member conduct periodic assessments of the reli- Subtitle B of title I of the Public Utility is engaged in the work of the Board. ability and adequacy of the bulk-power sys- Regulatory Policies Act of 1978 (16 U.S.C. ‘‘(2) Each member of the Board may re- tem in North America. 2621 et seq.) is amended by adding at the end ceive travel expenses, including per diem in ‘‘(h) COORDINATION WITH CANADA AND MEX- the following: lieu of subsistence, in the same manner as is ICO.—The President is urged to negotiate ‘‘SEC. 118. MODEL CODE FOR ELECTRIC UTILITY permitted under sections 5702 and 5703 of international agreements with the govern- WORKERS. title 5, United States Code.’’. ments of Canada and Mexico to provide for ‘‘(a) IN GENERAL.—The Secretary shall de- SEC. 104. STUDY ON RELIABILITY OF UNITED effective compliance with reliability stand- velop by rule and circulate among the States STATES ELECTRICITY GRID. ards and the effectiveness of the ERO in the for their consideration a model code con- (a) STUDY ON RELIABILITY.—Not later than United States and Canada or Mexico. taining standards for electric facility work- 45 days after the date of enactment of this ‘‘(i) SAVINGS PROVISIONS.—(1) The ERO ers to ensure electric facility safety and reli- Act, the Secretary of Energy shall enter into may develop and enforce compliance with re- ability. a contract with the National Academy of liability standards for only the bulk-power ‘‘(b) CONSULTATION.—In developing the Sciences under which the Academy shall system. standards, the Secretary shall consult with conduct a study on the reliability of the

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1638 CONGRESSIONAL RECORD — SENATE February 17, 2005 United States electricity grid to examine the (G) 1 representative of the Environmental mission of the aggregate amount of wires effectiveness of the current United States Protection Agency appointed by the Admin- charges that will be necessary to be paid into electricity transmission and distribution istrator. the Fund to pay matching funds to States system at providing efficient, secure, and af- (3) CHAIRPERSON.—The Secretary shall se- and Indian tribes and pay the operating costs fordable power to United States consumers. lect a member of the Board to serve as Chair- of the Board in the following fiscal year. (b) CONTENTS.—The study shall include an person of the Board. (2) IMPOSITION OF WIRES CHARGE.— analysis of— (c) ESTABLISHMENT OF FUND.— (A) IN GENERAL.—Not later than December (1) the vulnerability of the transmission (1) IN GENERAL.—The Board shall establish 15 of each year, the Commission shall impose and distribution system to disruption by an account or accounts at 1 or more finan- a nonbypassable, competitively neutral natural, mechanical or human causes includ- cial institutions, which account or accounts wires charge, to be paid directly into the ing sabotage; shall— Fund by the operator of the wire, on elec- (2) the most efficient and cost-effective so- (A) be known as the ‘‘System Benefits tricity carried through the wire (measured lutions for dealing with vulnerabilities or Trust Fund’’; and as the electricity exits at the busbar at a other problems of the electricity trans- (B) consist of amounts deposited in the generation facility, or, for electricity gen- mission and distribution system of the Fund under subsection (e). erated outside the United States, at the United States, including a comparison of in- (2) STATUS OF FUND.—The wires charges point of delivery to the wire operator’s sys- vestments in— collected under subsection (e) and deposited tem) in interstate commerce. (A) efficiency; in the Fund— (B) AMOUNT.—The wires charge shall be set (B) distributed generation; (A) shall not constitute funds of the United at a rate equal to the lesser of— (C) technical advances in software and States; (i) 1.0 mills per kilowatt hour; or other devices to improve the efficiency and (B) shall be held in trust by the Board sole- (ii) a rate that is estimated to result in the reliability of the grid; ly for the purposes stated in subsection (d); collection of an amount of wires charges (D) new power line construction; and and that is, to the maximum extent practicable, (E) any other relevant matters. (C) shall not be available to meet any obli- equal to the amount of needed funding deter- (c) REPORT.—The contract shall provide gations of the United States. mined under paragraph (1). (d) USE OF FUND.— that, not later than 180 days after the date of (3) DEPOSIT IN THE FUND.—The wires charge (1) FUNDING OF STATE PROGRAMS.—Amounts execution of the contract, the National shall be paid by the operator of the wire di- in the Fund shall be used by the Board to Academy of Sciences shall submit to the rectly into the Fund at the end of each provide matching funds to States and Indian President and Congress a report that details month during the calendar year for distribu- tribes for the support of State or tribal pub- the findings and recommendations of the tion by the Board under subsection (c). lic benefits programs relating to— study. ENALTIES.—The Commission may as- (A) energy conservation and efficiency; (4) P TITLE II—EFFICIENCY (B) renewable energy sources; sess against a wire operator that fails to pay SEC. 201. SYSTEM BENEFITS FUND. (C) assisting low-income households in a wires charge as required by this subsection (a) DEFINITIONS.—In this section: meeting their home energy needs; or a civil penalty in an amount equal to not (1) ADMINISTRATOR.—The term ‘‘Adminis- (D) research and development in areas de- more than the amount of the unpaid wires trator’’ means the Administrator of the En- scribed in subparagraphs (A) through (C). charge. UDITING vironmental Protection Agency. (2) DISTRIBUTION.— (f) A .— (2) BOARD.—The term ‘‘Board’’ means the (A) IN GENERAL.—Except for amounts need- (1) IN GENERAL.—The Fund shall be audited System Benefits Trust Fund Board estab- ed to pay costs of the Board in carrying out annually by a firm of independent certified lished under subsection (b). its duties under this section, the Board shall public accountants in accordance with gen- (3) COMMISSION.—The term ‘‘Commission’’ distribute all amounts in the Fund to States erally accepted auditing standards. means the Federal Energy Regulatory Com- or Indian tribes to fund public benefits pro- (2) ACCESS TO RECORDS.—Representatives of mission. grams under paragraph (1). the Secretary and the Commission shall have (4) FARM SYSTEM.—The term ‘‘farm sys- (B) FUND SHARE.— access to all books, accounts, reports, files, tem’’ means an electric generating facility (i) IN GENERAL.—Subject to clause (iii), the and other records pertaining to the Fund as that generates electric energy from the an- Fund share of a public benefits program necessary to facilitate and verify the audit. aerobic digestion of agricultural waste pro- funded under paragraph (1) shall be 50 per- (3) REPORTS.— duced by farming that is located on the farm cent. (A) IN GENERAL.—A report on each audit where substantially all of the waste used is (ii) PROPORTIONATE REDUCTION.—To the ex- shall be submitted to the Secretary, the produced. tent that the amount of matching funds re- Commission, and the Secretary of the Treas- (5) FUND.—The term ‘‘Fund’’ means the quested by States and Indian tribes exceeds ury, who shall submit the report to the System Benefits Trust Fund established the maximum projected revenues of the President and Congress not later than 180 under subsection (c). Fund, the matching funds distributed to days after the end of the fiscal year. (6) RENEWABLE ENERGY.—The term ‘‘renew- each State and Indian tribe shall be reduced (B) REQUIREMENTS.—An audit report able energy’’ means electricity generated by an amount equal to the proportion that shall— from wind, ocean energy, organic waste (ex- the annual consumption of electricity of the (i) set forth the scope of the audit; and cluding incinerated municipal solid waste), State or Indian tribe bears to the annual (ii) include— biomass (including anaerobic digestion from consumption of electricity of all States and (I) a statement of assets and liabilities, farm systems and landfill gas recovery) or a Indian tribes. capital, and surplus or deficit; geothermal, solar thermal, or photovoltaic (iii) ADDITIONAL STATE OR INDIAN TRIBE (II) a surplus of deficit analysis; source. FUNDING.—A State or Indian tribe may apply (III) a statement of income and expenses; (7) SECRETARY.—The term ‘‘Secretary’’ funds to public benefits programs in addition (IV) any other information that may be means the Secretary of Energy. to the amount of funds applied for the pur- considered necessary to keep the President (b) BOARD.— pose of matching the Fund share. and Congress informed of the operations and (1) ESTABLISHMENT.—The Secretary shall (3) PROGRAM CRITERIA.—The Board shall financial condition of the Fund; and establish a System Benefits Trust Fund recommend eligibility criteria for public (V) any recommendations with respect to Board to carry out the functions and respon- benefits programs funded under this section the Fund that the Secretary or the Commis- sibilities described in this section. for approval by the Secretary. sion may have. (2) MEMBERSHIP.—The Board shall be com- (4) APPLICATION.—Not later than August 1 SEC. 202. ELECTRICITY EFFICIENCY PERFORM- posed of— of each year beginning in 2006, a State or In- ANCE STANDARD. (A) 1 representative of the Federal Energy dian tribe seeking matching funds for the Title VI of the Public Utility Regulatory Regulatory Commission appointed by the following fiscal year shall file with the Policies Act of 1978 (16 U.S.C. 2621 note) is Federal Energy Regulatory Commission; Board, in such form as the Board may re- amended by adding at the end the following: (B) 2 representatives of the Secretary of quire, an application— ‘‘SEC. 609. FEDERAL ELECTRICITY EFFICIENCY Energy appointed by the Secretary; (A) certifying that the funds will be used PERFORMANCE STANDARD. (C) 2 persons nominated by the National for an eligible public benefits program; ‘‘(a) IN GENERAL.—Each electric retail sup- Association of Regulatory Utility Commis- (B) stating the amount of State or Indian plier shall implement energy efficiency and sioners and appointed by the Secretary; tribe funds earmarked for the program; and load reduction programs and measures to (D) 1 person nominated by the National As- (C) summarizing how amounts from the achieve verified improvements in energy effi- sociation of State Utility Consumer Advo- Fund from the previous calendar year (if ciency and peak load reduction in retail cus- cates and appointed by the Secretary; any) were spent by the State and what the tomer facilities and the distribution systems (E) 1 person nominated by the National As- State accomplished as a result of the expend- that serve those facilities. sociation of State Energy Officials and ap- itures. ‘‘(b) POWER SAVINGS.—The programs and pointed by the Secretary; (e) WIRES CHARGE.— measures under subsection (a) shall produce (F) 1 person nominated by the National En- (1) DETERMINATION OF NEEDED FUNDING.— savings in total peak power demand and ergy Assistance Directors’ Association and Not later than September 1 of each year, the total electricity use by retail customers by appointed by the Secretary; and Board shall determine and inform the Com- an amount that is equal to or greater than

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the following percentages relative to the supplier or another electric retail supplier (2) QUALIFYING ENTITY.—The term ‘‘quali- peak demand and electricity used in that does not also take credit for those savings. fying entity’’ means an individual, corpora- year by the retail electric supplier’s cus- ‘‘(h) REMEDIES FOR FAILURE TO COMPLY.— tion, partnership, joint venture, trust or tomers: (1) In the event that any retail electric sup- other entity identified by the Secretary plier fails to achieve its energy savings or under subsection (d)(1) as eligible for a guar- Reduction in Reduction in load reduction target for a specific year, any anteed loan under this section. demand use aggrieved party may bring a civil action or (3) SECRETARY.—The term ‘‘Secretary’’ In calendar year 2006 ...... 1% .75% file an administrative claim to seek prompt means the Secretary of Energy. In calendar year 2007 ...... 2% 1.5% remedial action before a State public utili- (b) AUTHORITY.—The Secretary may guar- In calendar year 2009 ...... 4% 3.0% In calendar year 2011 ...... 6% 4.5% ties commission (or, in the case of an elec- antee not more than 50 percent of the prin- In calendar year 2013 ...... 8% 6.0% tric retail supplier not subject to State pub- cipal of any loan made to a qualifying entity In calendar year 2015 ...... 10% 7.5% lic utility commission jurisdiction, before an for eligible activities under this section. appropriate governing body). (c) CONDITIONS.— ‘‘(c) BEGINNING DATE.—For purposes of this ‘‘(2)(A) The State public utilities commis- (1) IN GENERAL.—The Secretary shall not section, savings shall be counted only for sion or other appropriate governing body guarantee a loan under this section unless— measures installed after January 1, 2006. shall have a maximum of 1 year to craft a (A) the guarantee is a qualifying entity; ‘‘(d) RULEMAKING.—(1) Not later than June remedy for a civil action or claim filed under (B) the guarantee has filed an application 30, 2005, the Secretary shall establish, by paragraph (1). with the Secretary; rule— ‘‘(B) If a State public utilities commission (C) the project, activity, program, or sys- ‘‘(A) procedures and standards for counting or other governing body certifies that the tem for which the loan is made is an eligible and independently verifying energy and de- commission or body has inadequate re- activity; and mand savings for purposes of enforcing the sources or authority to promptly resolve en- (D) the project, activity, program, or sys- energy efficiency performance standards im- forcement actions under this section, or fails tem for which the loan is made will signifi- posed by this section; and to take action within the time period speci- cantly enhance the reliability, security, effi- ‘‘(B) procedures and a schedule for report- fied in subparagraph (A), the commission or ciency, and cost-effectiveness of electricity ing findings to the Department of Energy body or an aggrieved party may seek en- generation, transmission or distribution. and for making the reports available to the forcement in Federal district court. (2) PRIORITY.—The Secretary shall give pri- public. ‘‘(3)(A) If a commission or court deter- ority to guaranteed loans under this section ‘‘(2) In developing the procedures, stand- mines that energy savings or load reduction for eligible activities that accomplish the ards, and schedule under paragraph (1), the targets for a specific year have not been objectives of this section in the most envi- Secretary shall consult with— achieved by a retail electric supplier under ronmentally beneficial manner. ‘‘(A) the association representing public this section, the commission or court shall— (3) ELIGIBLE FINANCIAL INSTITUTIONS.—A utility regulators in the United States; and ‘‘(i) determine the amount of the deficit; loan guaranteed under this section shall be ‘‘(B) the association representing the State and made by a financial institution subject to energy officials in the United States. ‘‘(ii) fashion an equitable remedy to re- the examination of the Secretary. ‘‘(e) REPORTING.—(1) Not later than June store the lost savings as soon as practicable. (d) RULES.—Not later than 1 year after the 30, 2008, and every 2 years thereafter, each re- ‘‘(B) A remedy under subparagraph (A)(ii) date of enactment of this section, the Sec- tail electric supplier shall file with the State may include— retary shall publish a final rule establishing public utilities commission in each State in ‘‘(i) a refund to retail electric customers of guidelines for loan requirements under this which the supplier provides service to retail an amount equal to the retail cost of the section, including establishment of— customers a report demonstrating that the electricity consumed due to the failure to (1) criteria for determining which entities retail electric supplier has taken action to reach the target; and shall be considered qualifying entities eligi- comply with the energy efficiency perform- ‘‘(ii) the appointment of a special master ble for loan guarantees under this section; ance standards of this section. to administer a bidding system to procure (2) criteria for determining which projects, ‘‘(2) A report filed under paragraph (1) shall the energy and demand savings equal to 125 activities, programs, or systems shall be con- include independent verification of the esti- percent of the deficit.’’. sidered eligible activities eligible for loan mated savings pursuant to standards estab- SEC. 203. APPLIANCE EFFICIENCY. guarantees in accordance with the purposes lished by the Secretary. Section 325(d)(3) of the Energy Policy and of this section; ‘‘(3)(A) A State public utilities commission (3) loan requirements including term, max- may— Conservation Act (42 U.S.C. 6295(d)(3)) is amended by striking subparagraph (B) and imum size, collateral requirements; and ‘‘(i) accept a report as filed under para- (4) any other relevant features. graph (1); or inserting the following: ‘‘(B) Not later than January 1, 2009, the (e) LIMITATION ON SIZE.—The Secretary ‘‘(ii) review and investigate the accuracy of Secretary shall publish a final rule to deter- may make commitments to guarantee loans the report. mine whether the standards in effect for cen- under this section only to the extent that ‘‘(B) Each State public utilities commis- the total principal, any part of which is sion shall— tral air conditioners and central air condi- tioning heat pumps should be amended. The guaranteed, will not exceed $10,000,000,000. ‘‘(i) make findings on any deficiencies re- (f) AUTHORIZATION OF APPROPRIATIONS.— lating to the requirements under section 2; rule shall address both system annual energy use and peak electric demand and may in- There are authorized to be appropriated to and the Secretary such sums as are necessary to ‘‘(ii) issue a remedial order for the correc- clude more than 1 efficiency descriptor. The rule shall apply to products manufactured on cover the cost of loan guarantees (as defined tion of any deficiencies that are found. by section 502(5) of the Federal Credit Re- ‘‘(f) UTILITIES OUTSIDE STATE JURISDIC- or after January 1, 2012.’’. SEC. 204. LOAN GUARANTEES. form Act of 1990 (2. U.S.C. 661a(5))) under this TION.—(1) An electric retail supplier that is section. not subject to the jurisdiction of a State (a) DEFINITIONS.—In this section: public utilities commission shall submit re- (1) ELIGIBLE ACTIVITY.—The term ‘‘eligible TITLE III—ONSITE GENERATION ports in accordance with subsection (e) to activity’’ means— SEC. 301. NET METERING. the governing body of the electric retail sup- (A) advanced technologies for high-effi- (a) ADOPTION OF STANDARD.—Section 111(d) plier. ciency electricity transmission control and of the Public Utility Regulatory Policies Act ‘‘(2) A report submitted under paragraph operation, including high-efficiency power of 1978 (16 U.S.C. 2621(d)) is amended by add- (1) shall include independent verification of electronics technologies (including software- ing at the end the following: the estimated savings pursuant to standards controlled computer chips and sensors to di- ‘‘(11) NET METERING.— established by the Secretary. agnose trouble spots and re-route power into ‘‘(A) IN GENERAL.—Each electric utility ‘‘(g) PROGRAM PARTICIPATION.—(1) An elec- appropriate areas), high-efficiency elec- shall make available upon request net me- tric retail supplier may demonstrate satis- tricity storage systems, and high-efficiency tering service to any electric consumer that faction of the standard under this section, in transmission wire or transmission cable sys- the electric utility serves. whole or part, by savings achieved through tem; ‘‘(B) REFERENCES.—For purposes of imple- participation in statewide, regional, or na- (B) distributed generation systems fueled menting this paragraph, any reference con- tional programs that can be demonstrated to solely by— tained in this section to the date of enact- significantly improve the efficiency of elec- (i) solar, wind, biomass, geothermal, or ment of this Act shall be deemed to be a ref- tric distribution and use. ocean energy; erence to the date of enactment of this para- ‘‘(2) Verified efficiency savings resulting (ii) landfill gas; graph.’’. from programs described in paragraph (1) (iii) natural gas systems utilizing best (b) SPECIAL RULES FOR NET METERING.— may be assigned to each participating retail available control technology; Section 115 of the Public Utility Regulatory supplier based upon the degree of participa- (iv) fuel cells; or Policies Act of 1978 (16 U.S.C. 2625) is amend- tion of the supplier in the programs. (v) any combination of the above; ed by adding at the end the following: ‘‘(3) An electric retail supplier may pur- (C) combined heat and power systems; and ‘‘(i) NET METERING.—(1) In this subsection: chase rights to extra savings achieved by (D) energy efficiency systems producing ‘‘(A) The term ‘eligible onsite generating other electric retail suppliers if the selling demonstrable electricity savings. facility’ means—

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1640 CONGRESSIONAL RECORD — SENATE February 17, 2005 ‘‘(i) a facility on the site of a residential net metering systems that the Commission that has interconnected with the local dis- electric consumer with a maximum gener- determines are necessary to protect public tribution utility to the extent that the local ating capacity of 25 kilowatts or less; or safety and system reliability. distribution utility— ‘‘(ii) a facility on the site of a commercial ‘‘(G) An electric utility must provide net ‘‘(i) is not subject to an order of a non-Fed- electric consumer with a maximum gener- metering services to electric consumers eral regulatory authority to provide open ac- ating capacity of 1,000 kilowatts or less, until the cumulative generating capacity of cess to the distribution facilities of the local that is fueled solely by a renewable energy net metering systems equals 1.0 percent of distribution utility; resource. the utility’s peak demand during the most ‘‘(ii) has not offered to provide open access ‘‘(B) The term ‘net metering service’ recent calendar year. to the distribution facilities of the local dis- means service to an electric consumer under ‘‘(H) Nothing in this subsection precludes a tribution utility; or which electric energy generated by that elec- State from imposing additional require- ‘‘(iii) does not allow a generating facility tric consumer from an eligible onsite gener- ments regarding the amount of net metering to purchase backup power from another enti- ating facility and delivered to the local dis- available within a State consistent with the ty using the distribution facilities of the tribution facilities may be used to offset requirements of this section.’’. local distribution utility. electric energy provided by the electric util- SEC. 302. INTERCONNECTION. ‘‘(B) A sale of backup power under subpara- graph (A) shall be at such a rate, and under ity to the electric consumer during the ap- (a) DEFINITIONS.—Section 3 of the Federal such terms and conditions as are just and plicable billing period. Power Act (16 U.S.C. 796) is amended— reasonable and not unduly discriminatory or ‘‘(C) The term ‘renewable energy resource’ (1) by striking paragraph 23 and inserting preferential, taking into account the actual means— the following: incremental cost, whenever incurred by the ‘‘(i) solar, wind, biomass, geothermal, or ‘‘(23) TRANSMITTING UTILITY.—The term local distribution utility, to supply such wave energy; ‘transmitting utility’ means any entity (not- backup power service during the period in ‘‘(ii) landfill gas; withstanding section 201(f)) that owns, con- which the backup power service is provided, ‘‘(iii) fuel cells; and trols, or operates an electric power trans- as determined by the appropriate regulatory ‘‘(iv) a combined heat and power system. mission facility that is used for the sale of authority. ‘‘(2) In undertaking the consideration and electric energy.’’; and ‘‘(C) A local distribution utility shall not making the determination concerning net (2) by adding at the end the following: be required to offer backup power for resale metering established by section 111(d)(11), ‘‘(26) APPROPRIATE REGULATORY AUTHOR- to any entity other than the entity for which the following shall apply: ITY.—The term ‘appropriate regulatory au- the backup power is purchased. ‘‘(A) An electric utility— thority’ means— ‘‘(D) To the extent backup power is used to ‘‘(i) shall charge the owner or operator of ‘‘(A) the Commission; serve a new or expanded load on the distribu- an onsite generating facility rates and ‘‘(B) a State commission; tion system, the generating facility shall charges that are identical to those that ‘‘(C) a municipality; or pay any reasonable cost associated with any would be charged other electric consumers of ‘‘(D) a cooperative that is self-regulating transmission, distribution, or generating up- the electric utility in the same rate class; under State law and is not a public utility. grade required to provide such service.’’. and ‘‘(27) GENERATING FACILITY.—The term (c) INTERCONNECTION TO TRANSMISSION FA- ‘‘(ii) shall not charge the owner or operator ‘generating facility’ means a facility that CILITIES.—Section 210 of the Federal Power of an onsite generating facility any addi- generates electric energy. Act (16 U.S.C. 824i) (as amended by sub- tional standby, capacity, interconnection, or ‘‘(28) LOCAL DISTRIBUTION UTILITY.—The section (b)) is amended by inserting after other rate or charge. term ‘local distribution facility’ means an subsection (e) the following: ‘‘(B) An electric utility that sells electric entity that owns, controls, or operates an ‘‘(f) INTERCONNECTION TO TRANSMISSION FA- energy to the owner or operator of an onsite electric power distribution facility that is CILITIES.—(1)(A) Notwithstanding sub- generating facility shall measure the quan- used for the sale of electric energy. sections (a) and (c), a transmitting utility tity of electric energy produced by the onsite ‘‘(29) NON-FEDERAL REGULATORY AUTHOR- shall interconnect a generating facility with facility and the quantity of electricity con- ITY.—The term ‘non-Federal regulatory au- the transmission facilities of the transmit- sumed by the owner or operator of an onsite thority’ means an appropriate regulatory au- ting utility if the owner of the generating fa- generating facility during a billing period in thority other than the Commission.’’. cility— accordance with normal metering practices. (b) INTERCONNECTION TO DISTRIBUTION FA- ‘‘(i) complies with the final rules promul- ‘‘(C) If the quantity of electric energy sold CILITIES.—Section 210 of the Federal Power gated under paragraph (2); and by the electric utility to an on-site gener- Act (16 U.S.C. 824i) is amended— ‘‘(ii) pays the costs of interconnection. ating facility exceeds the quantity of elec- (1) by redesignating subsection (e) as sub- ‘‘(B) Subject to subparagraph (C), the costs tric energy supplied by the onsite generating section (g); and of interconnection— facility to the electric utility during the (2) by inserting after subsection (d) the fol- ‘‘(i) shall be just and reasonable and not billing period, the electric utility may bill lowing: unduly discriminatory or preferential; and the owner or operator for the net quantity of ‘‘(e) INTERCONNECTION TO DISTRIBUTION FA- ‘‘(ii) shall be comparable to the costs electric energy sold, in accordance with nor- CILITIES.—(1)(A) A local distribution utility charged by the transmitting utility for mal metering practices. shall interconnect a generating facility with interconnection by any similarly situated ‘‘(D) If the quantity of electric energy sup- the distribution facilities of the local dis- generating facility to the transmitting fa- plied by the onsite generating facility to the tribution utility if the owner of the gener- cilities of the transmitting utility. ‘‘(C) A non-Federal regulatory authority electric utility exceeds the quantity of elec- ating facility— that is authorized under Federal law to de- tric energy sold by the electric utility to the ‘‘(i) complies with the final rule promul- termine the rates for transmission service onsite generating facility during the billing gated under paragraph (2); and shall be authorized to determine the costs of period— ‘‘(ii) pays the costs of the interconnection. any interconnection under this subpara- ‘‘(i) the electric utility may bill the owner ‘‘(B) The costs of the interconnection— graph. or operator of the onsite generating facility ‘‘(i) shall be just and reasonable, and not ‘‘(D) The right of a generating facility to for the appropriate charges for the billing pe- unduly discriminatory or preferential, as de- interconnect under subparagraph (A) does riod in accordance with subparagraph (B); termined by the appropriate regulatory au- not relieve the generating facility or the and thority; and transmitting utility of other Federal, State, ‘‘(ii) the owner or operator of the onsite ‘‘(ii) shall be comparable to the costs or local requirements. generating facility shall be credited for the charged by the local distribution utility for ‘‘(2) Not later than 180 days after the date excess kilowatt-hours generated during the interconnection by any similarly situated of enactment of this subparagraph, the Com- billing period, with the kilowatt-hour credit generating facility to the distribution facili- mission shall promulgate rules establishing appearing on the bill for the following billing ties of the local distribution utility. reasonable and appropriate technical stand- period. ‘‘(C) The right of a generating facility to ards for the interconnection of a generating ‘‘(E) An eligible onsite generating facility interconnect under subparagraph (A) does facility with the transmission facilities of a and net metering system used by an electric not relieve the generating facility or the transmitting utility. consumer shall meet all applicable safety, local distribution utility of other Federal, ‘‘(3)(A) In accordance with subparagraph performance, reliability, and interconnec- State, or local requirements. (B), a transmitting utility shall offer to sell tion standards established by the National ‘‘(2) Not later than 180 days after the date backup power to a generating facility that Electrical Code, the Institute of Electrical of enactment of this subparagraph, the Com- has interconnected with the transmitting and Electronics Engineers, and Underwriters mission shall promulgate final rules estab- utility unless— Laboratories. lishing reasonable and appropriate technical ‘‘(i) Federal or State law allows a gener- ‘‘(F) The Commission, after consultation standards for the interconnection of a gener- ating facility to purchase backup power from with State regulatory authorities and non- ating facility with the distribution facilities an entity other than the transmitting util- regulated electric utilities and after notice of a local distribution utility. ity; or and opportunity for comment, may adopt, by ‘‘(3)(A) In accordance with subparagraph ‘‘(ii) a transmitting utility allows a gener- rule, additional control and testing require- (B) a local distribution utility shall offer to ating facility to purchase backup power from ments for onsite generating facilities and sell backup power to a generating facility an entity other than the transmitting utility

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 17, 2005 CONGRESSIONAL RECORD — SENATE S1641 using the transmission facilities of the (d) AUTHORIZATION OF APPROPRIATIONS.— gas, and imploring me to take steps to transmitting utility and the transmission fa- There is authorized to be appropriated to help alleviate shortages and reduce cilities of any other transmitting utility. carry out this section $30,000,000 for each of costs. ‘‘(B) A sale of backup power under subpara- fiscal years 2006 through 2009. graph (A) shall be at such a rate and under Much to my consternation, however, such terms and conditions as are just and By Mr. JEFFORDS (for himself, neither the chemical industry, nor this reasonable and not unduly discriminatory or Ms. SNOWE, Ms. CANTWELL, Mrs. administration have addressed the ob- preferential, taking into account the actual FEINSTEIN, Mr. DURBIN, Mr. vious link between increasing renew- incremental cost, whenever incurred by the KENNEDY, Mr. REED, Mr. KERRY, able energy production and easing de- local distribution utility, to supply such mand on natural gas supplies. Instead, backup power service during the period in Mr. DODD, Mrs. BOXER, and Mr. LAUTENBERG): their solutions have been to open sen- which the backup power service is provided, sitive lands to more drilling, reduce en- as determined by the appropriate regulatory S. 427. A bill to amend the Public authority. Utility Regulatory Policies Act of 1978 vironmental compliance and advance ‘‘(C) A transmitting utility shall not be re- to provide for a Federal renewable clean coal technologies. quired to offer backup power for resale to portfolio standard; to the Committee Whatever merits there may be to any entity other than the entity for which on Energy and Natural Resources. some of their suggestions, an obvious the backup power is purchased. Mr. JEFFORDS. Mr. President, I rise step that should be taken is diversi- ‘‘(D) To the extent backup power is used to today to introduce the Renewable En- fying our energy sector and easing the serve a new or expanded load on the trans- growing demand on natural gas by pro- mission system, the generating facility shall ergy Investment Act of 2005 to accel- pay any reasonable costs associated with any erate the use of clean, domestic renew- moting other clean energies which can transmission, distribution, or generation up- able energy sources as an integral part be readily produced on American soil. grade required to provide the service.’’. of our Nation’s electrical generation. The second reason for a national (d) CONFORMING AMENDMENTS.—Section 210 A recent episode of the television commitment to encourage renewable of the Federal Power Act (16 U.S.C. 824i) is show, West Wing, portrayed renewable power is the public health and environ- amended— mental benefits. (1) in subsection (a)(1)— energy as science fiction. The truth is closer to Reality TV. Electricity generation is the leading (A) by inserting ‘‘transmitting utility, source of U.S. carbon emissions, ac- local distribution utility,’’ after ‘‘electric Eighteen States, plus the District of utility,’’; and Columbia, have already instituted min- counting for over 40 percent of the (B) in subparagraph (A), by inserting ‘‘any imum renewable standards. This bill total. Carbon dioxide emissions are the transmitting utility,’’ after ‘‘small power would establish a national renewable primary greenhouse gas, contributing production facility,’’; portfolio standard requiring that, by to harmful climate change. A 20 per- (2) in subsection (b)(2), by striking ‘‘an evi- the year 2020, 20 percent of U.S. elec- cent renewables requirement would, ac- dentiary hearing’’ and inserting ‘‘a hearing’’; tricity be derived from clean, domesti- cording to the U.S. Department of En- (3) in subsection (c)(2)— cally produced renewable energy in- ergy, reduce carbon emissions from (A) in subparagraph (B), by striking ‘‘or’’ power plants by up to 18 percent by the at the end; cluding wind, solar, biomass, geo- (B) in subparagraph (C), by striking ‘‘and’’ thermal and wave energy. year 2020. at the end and inserting ‘‘or’’; and As the ranking member of the Senate A 20 percent renewables requirement (C) by adding at the end the following: Environment and Public Works Com- would also significantly reduce emis- ‘‘(D) promote competition in electricity mittee, I think obtaining 20 percent of sions of sulfur and nitrogen oxides. markets, and’’; and our country’s electricity from renew- These pollutants contaminate our (4) in subsection (d), by striking the last able energy represents the modest end water, cause smog and acid rain, and sentence. of what we could achieve. contribute to respiratory illnesses. As SEC. 303. ONSITE GENERATION FOR EMERGENCY a result, a renewable portfolio standard FACILITIES. Let me offer five reasons why I be- (a) DEFINITIONS.—In this section: lieve we need a national commitment would help alleviate asthma, which has (1) ELIGIBLE FACILITY.—The term ‘‘eligible to encourage renewable power. become the most common chronic dis- facility’’ means a building owned or operated First, renewable power would help ease for children. by a State or local government that is used consumers by reducing electricity Coal burning electric power plants for— prices. According to data provided by are also the largest source of mercury (A) critical governmental dispatch and the Bush administration’s Energy De- pollution, releasing an estimated 98,000 communication; partment, a 20 percent renewables re- pounds of mercury directly into the (B) police, fire, or emergency services; quirement similar to that set forth in air, and generating an additional 80,000 (C) traffic control systems; or (D) public water or sewer systems. the bill I am introducing today would pounds a year in mercury tainted (2) RENEWABLE UNINTERRUPTIBLE POWER lower consumer energy costs by the waste. A renewable portfolio standard SUPPLY SYSTEM.—The term ‘‘renewable year 2020. Why? Because adding addi- would help the estimated five million uninterruptible power supply system’’ means tional renewables to our energy mix women and children regularly exposed a system designed to maintain electrical will decrease the pressure on natural to mercury at levels that EPA con- power to critical loads in a public facility in gas supplies, bringing overall costs siders unsafe. the event of a loss or disruption in conven- down. And according to the Department of tional grid electricity, where such system This point is worth repeating. De- Energy, these public health benefits derives its energy production or storage ca- would be achieved without raising con- pacity solely from— spite concerns from those in the fossil (A) solar, wind, biomass, geothermal, or fuel and nuclear industries, the Depart- sumer energy costs. ocean energy; ment of Energy has consistently found Third, a 20 percent renewable port- (B) natural gas; that a mandatory renewable portfolio folio standard would enhance our na- (C) landfill gas; standard would not raise overall en- tional security by diversifying our en- (D) a fuel cell device; or ergy costs and would have no signifi- ergy supply. As we increase our reli- (E) a combination of energy described in cant adverse impact on America’s wal- ance on natural gas, much of the de- subparagraphs (A) through (D). lets. mand may have to be met by liquified (3) SECRETARY.—The term ‘‘Secretary’’ Estimates are that reaching 10 per- natural gas shipped to the U.S. from means the Secretary of Energy. (b) DEMONSTRATION AND TECHNOLOGY cent renewable energy production by other countries. It is unthinkable that TRANSFER PROGRAM.—The Secretary shall the year 2020 could reduce the demand we should sink to greater reliance on establish a demonstration program for the for natural gas by as much as 1.4 tril- foreign fuel imports when we have implementation of innovative technologies lion cubic feet, and could reduce the abundant, inexhaustible renewable en- for renewable uninterruptible power supply price of natural gas by 6 percent. With ergy right here. systems located in eligible buildings and for the higher renewable portfolio stand- Further, much of the U.S. energy sys- the dissemination of information on those ard in my bill, the price reductions are tem including power plants, refineries, systems to interested parties. (c) LIMIT ON FEDERAL FUNDING.—The Sec- even greater. and pipelines, present significant safe- retary shall provide not more than 40 per- I have received letters from the ty and security risks. Renewable en- cent of the costs of projects funded under chemical industry expressing deep con- ergy facilities are generally smaller, this section. cern about the high price of natural more geographically dispersed and do

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1642 CONGRESSIONAL RECORD — SENATE February 17, 2005 not involve disposal or transportation It is not that we expect this renew- of household solid waste, commercial solid of radioactive or combustible mate- able portfolio standard to make con- waste, and industrial solid waste disposed of rials. ventional energy sources obsolete. Un- in a municipal solid waste landfill unit (as A 20 percent renewable portfolio doubtedly, fossil, nuclear and other those terms are defined in regulations pro- mulgated under subtitle D of the Solid Waste standard such as I offer today will help fuels will be with us for some time. But Disposal Act (42 U.S.C. 6941 et seq.)). bring the costs of on-site generation isn’t it time that we charted our future ‘‘(5) RENEWABLE ENERGY.—The term ‘re- down even further, making providing with cleaner energies? The potential is newable energy’ means electricity generated your own electricity a reality for a there, but we have to give it the assist- from growing number of homes and facili- ance of market incentives, as we have ‘‘(A) a renewable energy source; or ties. In these times when we worry traditionally done for our more estab- ‘‘(B) hydrogen that is produced from a re- about the potential security of our en- lished fuel sources. newable energy source. ergy grid, that option becomes increas- I urge my colleagues to again dem- ‘‘(6) RENEWABLE ENERGY SOURCE.—The term ‘renewable energy source’ means— ingly attractive. onstrate our strong commitment to re- newables and support my legislation. I ‘‘(A) wind; Fourth, a national renewable port- ‘‘(B) ocean waves; folio standard builds on the successful ask unanimous consent that the text of ‘‘(C) biomass; experiments by the States. To date, 18 the bill be printed in the RECORD. ‘‘(D) solar; States, plus the District of Columbia, There being no objection, the bill was ‘‘(E) landfill gas; have adopted mandatory renewable en- ordered to be printed in the RECORD, as ‘‘(F) incremental hydropower; or ergy standards. These State programs follows: ‘‘(G) geothermal. provide excellent incentives for renew- S. 427 ‘‘(7) RETAIL ELECTRIC SUPPLIER.—The term able energy. In September 2004, New Be it enacted by the Senate and House of Rep- ‘retail electric supplier’ means a person or resentatives of the United States of America in entity that sells retail electricity to con- York created the second-largest new sumers, and which sold not less than 500,000 renewable energy market in the coun- Congress assembled, SECTION 1. SHORT TITLE. megawatt-hours of electric energy to con- try, behind only California, when the This Act may be cited as the ‘‘Renewable sumers for purposes other than resale during state Public Service Commission Energy Investment Act of 2005’’. the preceding calendar year. adopted a standard of 24 percent by SEC. 2. RENEWABLE PORTFOLIO STANDARD. ‘‘(8) SECRETARY.—The term ‘Secretary’ 2013. Earlier in 2004, Hawaii, Maryland, Title VI of the Public Utility Regulatory means the Secretary of Energy. and Rhode Island also enacted min- Policies Act of 1978 (16 U.S.C. 2601 et seq.) is ‘‘(b) RENEWABLE ENERGY REQUIREMENTS.— imum renewable electricity standards. amended by adding at the end the following: ‘‘(1) IN GENERAL.—For each calendar year beginning in Calendar year 2006, each retail Texas has one of the most successful ‘‘SEC. 606. FEDERAL RENEWABLE PORTFOLIO STANDARD. electric supplier shall submit to the Sec- state programs. The Texas Renewable retary, not later than April 30 of each year, portfolio standard was signed into law ‘‘(a) DEFINITIONS.—In this section: ‘‘(1) BIOMASS.— renewable energy credits in an amount equal by then Governor George W. Bush, and ‘‘(A) IN GENERAL.—The term ‘biomass’ to the required annual percentage of the re- administered by Pat Wood, who now means— tail electric supplier’s total amount of kilo- chairs the Federal Energy Regulatory ‘‘(i) organic material from a plant that is watt-hours of non-hydropower (excluding in- Commission. These men know the planted for the purpose of being used to cremental hydropower) electricity sold to re- value of renewable energy. Texas now produce energy; tail consumers during the previous calendar year. has enough wind power to run about ‘‘(ii) nonhazardous, cellulosic or agricul- tural waste material that is segregated from ‘‘(2) CARRYOVER.—A renewable energy cred- 300,000 homes a year, with huge bene- it for any year that is not used to satisfy the fits to ranchers who can lease acreage other waste materials and is derived from— ‘‘(I) a forest-related resource, including— minimum requirement for that year may be for wind turbines. ‘‘(aa) mill and harvesting residue; carried over for use within the next two However, as good as these State ef- ‘‘(bb) precommercial thinnings; years. forts are, they are subject to the inher- ‘‘(cc) slash; and ‘‘(c) REQUIRED ANNUAL PERCENTAGE.—Of ent limitation that they can only ad- ‘‘(dd) brush; the total amount of non-hydropower (exclud- dress electricity sales and production ‘‘(II) agricultural resources, including— ing incremental hydropower) electricity sold within their own State boundaries. Yet ‘‘(aa) orchard tree crops; by each retail electric supplier during a cal- ‘‘(bb) vineyards; endar year, the amount generated by renew- as we know, electricity generation and able energy sources shall be not less than the transmission are regional in nature. ‘‘(cc) grains; ‘‘(dd) legumes; percentage specified below: State renewable requirements alone ‘‘(ee) sugar; and Percentage of cannot provide the market and other ‘‘(ff) other crop by-products or residues; or Renewable energy mechanisms necessary to address re- ‘‘(III) miscellaneous waste such as— ‘‘Calendar years: Each year: gional and national electricity trans- ‘‘(aa) waste pallet; 2006–2009 ...... 5 mission. ‘‘(bb) crate; and 2010–2014 ...... 10 But these State programs dem- ‘‘(cc) landscape or right-of-way tree trim- 2015–2019 ...... 15 onstrate that renewables requirements mings; and 2020 and subsequent years ...... 20 can work, and operate to the benefit of ‘‘(iii) animal waste that is converted to a ‘‘(d) SUBMISSION OF RENEWABLE ENERGY consumers. fuel rather than directly combusted, the res- CREDITS.— idue of which is converted to a biological fer- Finally, I call for a national commit- ‘‘(1) IN GENERAL.—To meet the require- tilizer, oil, or activated carbon. ments under subsection (b), a retail electric ment to encourage renewable power be- ‘‘(B) EXCLUSIONS.—The term ‘biomass’ supplier shall submit to the Secretary ei- cause a cleaner energy future is in our shall not include— ther— grasp. The U.S. has the technical ca- ‘‘(i) municipal solid waste that is inciner- ‘‘(A) renewable energy credits issued to the pacity to generate 4.5 times its current ated; retail electric supplier under subsection (f); electricity needs from renewable en- ‘‘(ii) recyclable post-consumer waste paper; ‘‘(B) renewable energy credits obtained by ergy resources. European investment ‘‘(iii) painted, treated, or pressurized wood; purchase or exchange under subsection (g); continues to outstrip U.S. markets, but ‘‘(iv) wood contaminated with plastics or ‘‘(C) renewable energy credits purchased metals; or that is changing. Worldwide, approxi- from the United States under subsection (h); ‘‘(v) tires. or mately 6,500 megawatts of new wind ‘‘(2) DISTRIBUTED GENERATION.—The term ‘‘(D) any combination of credits under sub- energy generating capacity were in- ‘distributed generation’ means reduced elec- sections (f), (g) or (h). stalled, amounting to annual sales of tricity consumption from the electric grid ‘‘(2) PROHIBITION ON DOUBLE COUNTING.—A about $7 billion. Almost a third of that due to use by a customer of renewable en- credit may be counted toward compliance came from the United States, which in- ergy generated at a customer site. with subsection (b) only once. stalled nearly 1,700 megawatts of new ‘‘(3) INCREMENTAL HYDROPOWER.—The term ‘‘(e) RENEWABLE ENERGY CREDIT PRO- wind energy in 2001, or $1.7 billion ‘incremental hydropower’ means additional GRAM.—The Secretary shall establish, not generation achieved from increased effi- later than 1 year after the date of enactment worth of new wind energy generating ciency after January 1, 2005, at a hydro- of this Act, a program to issue, monitor the capacity. electric dam that was placed in service be- sale or exchange of, and track, renewable en- Yet, renewable energy still accounts fore January 1, 2005. ergy credits. for only a little over 2 percent of U.S. ‘‘(4) LANDFILL GAS.—The term ‘landfill gas’ ‘‘(f) ISSUANCE OF RENEWABLE ENERGY CRED- electricity generation. means gas generated from the decomposition ITS.—

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 17, 2005 CONGRESSIONAL RECORD — SENATE S1643 ‘‘(1) IN GENERAL.—Under the program es- of eligible resources if the additional amount Mr. TALENT. Mr. President, I ask tablished in subsection (e), an entity that of eligible resources is being used to satisfy unanimous consent that the text of the generates electric energy through the use of the renewable generation requirement under bill be printed in the RECORD. a renewable energy resource may apply to subsection (b). There being no objection, the bill was the Secretary for the issuance of renewable ‘‘(k) ENFORCEMENT.—A retail electric sup- energy credits. plier that does not submit renewable energy ordered to be printed in the RECORD, as ‘‘(2) APPLICATION.—An application for the credits as required under subsection (b) shall follows: issuance of renewable energy credits shall in- be liable for the payment of a civil penalty. S. 428 dicate— That penalty shall be calculated on the basis Be it enacted by the Senate and House of Rep- ‘‘(A) the type of renewable energy resource of the number of renewable energy credits resentatives of the United States of America in used to produce the electric energy; not submitted, multiplied by the lesser of 4.5 Congress assembled, cents or 300 percent of the average market ‘‘(B) the State in which the electric energy SECTION 1. SHORT TITLE; ETC. was produced; and value of credits for the compliance period. HORT ITLE ‘‘(l) INFORMATION COLLECTION.—The Sec- (a) S T .—This Act may be cited as ‘‘(C) any other information the Secretary the ‘‘Build America Bonds Act of 2005’’. determines appropriate. retary may collect the information nec- (b) REFERENCES TO INTERNAL REVENUE ‘‘(3) CREDIT VALUE.—Except as provided in essary to verify and audit— CODE OF 1986.—Except as otherwise expressly subparagraph (4), the Secretary shall issue to ‘‘(1) the annual electric energy generation and renewable energy generation of any enti- provided, whenever in this Act an amend- an entity applying under this subsection 1 ment or repeal is expressed in terms of an renewable energy credit for each kilowatt- ty applying for renewable energy credits under this section; amendment to, or repeal of, a section or hour of renewable energy generated in any other provision, the reference shall be con- State from the date of enactment of this Act ‘‘(2) the validity of renewable energy cred- its submitted by a retail electric supplier to sidered to be made to a section or other pro- and in each subsequent calendar year. vision of the Internal Revenue Code of 1986. ‘‘(4) CREDIT VALUE FOR DISTRIBUTED GEN- the Secretary; and SEC. 2. FINDINGS AND PURPOSE. ERATION.—The Secretary shall issue 3 renew- ‘‘(3) the quantity of electricity sales of all able energy credits for each kilowatt-hour of retail electric suppliers. (a) FINDINGS.—Congress finds the fol- distributed generation. ‘‘(m) VOLUNTARY PARTICIPATION.—The Sec- lowing: ‘‘(5) VESTING.—A renewable energy credit retary may issue a renewable energy credit (1) Our Nation’s highways, public transpor- will vest with the owner of the system or fa- pursuant to subsection (f) to any entity not tation systems, and rail systems drive our cility that generates the renewable energy subject to the requirements of this Act only economy, enabling all industries to achieve unless such owner explicitly transfers the if the entity applying for such credit meets growth and productivity that makes Amer- credit. the terms and conditions of this Act to the ica strong and prosperous. ‘‘(6) CREDIT ELIGIBILITY.—To be eligible for same extent as entities subject to this Act. (2) The establishment, maintenance, and a renewable energy credit, the unit of elec- ‘‘(n) STATE RENEWABLE ENERGY GRANT improvement of the national transportation tricity generated through the use of a renew- PROGRAM.— network is a national priority, for economic, able energy resource shall be sold for retail ‘‘(1) DISTRIBUTION TO STATES.—The Sec- environmental, energy, security, and other consumption or used by the generator. If retary shall distribute amounts received reasons. both a renewable energy resource and a non- from sales under subsection (h) and from (3) The ability to move people and goods is renewable energy resource are used to gen- amounts received under subsection (k) to critical to maintaining State, metropolitan, erate the electric energy, the Secretary shall States to be used for the purposes of this sec- rural, and local economies. issue renewable energy credits based on the tion. (4) The construction of infrastructure re- proportion of the renewable energy resource ‘‘(2) REGIONAL EQUITY PROGRAM.— quires the skills of numerous occupations, used. ‘‘(A) ESTABLISHMENT OF PROGRAM.—Within including those in the contracting, engineer- 1 year from the date of enactment of this ‘‘(7) IDENTIFYING CREDITS.—The Secretary ing, planning and design, materials supply, shall identify renewable energy credits by Act, the Secretary shall establish a program manufacturing, distribution, and safety in- the type and date of generation. to promote renewable energy production and dustries. use consistent with the purposes of this sec- ‘‘(8) SALE UNDER PURPA CONTRACT.—When a (5) Investing in transportation infrastruc- generator sells electric energy generated tion. ture creates long-term capital assets for the through the use of a renewable energy re- ‘‘(B) ELIGIBILITY.—The Secretary shall Nation that will help the United States ad- source to a retail electric supplier under a make funds available under this section to dress its enormous infrastructure needs and contract subject to section 210 of the Public State energy agencies for grant programs improve its economic productivity. Utilities Regulatory Policies Act of 1978 (16 for— (6) Investment in transportation infra- U.S.C. 824a–3), the retail electric supplier is ‘‘(i) renewable energy research and devel- structure creates jobs and spurs economic treated as the generator of the electric en- opment; activity to put people back to work and ergy for the purposes of this Act for the du- ‘‘(ii) loan guarantees to encourage con- stimulate the economy. ration of the contract. struction of renewable energy facilities; (7) Every billion dollars in transportation ‘‘(g) SALE OR EXCHANGE OF RENEWABLE EN- ‘‘(iii) consumer rebate or other programs investment has the potential to create up to ERGY CREDITS.—A renewable energy credit to offset costs of small residential or small 47,500 jobs. may be sold or exchanged by the entity commercial renewable energy systems in- (8) Every dollar invested in the Nation’s issued the renewable energy credit or by any cluding solar hot water; or transportation infrastructure yields at least other entity that acquires the renewable en- ‘‘(iv) promoting distributed generation. $5.70 in economic benefits because of reduced ergy credit. Credits may be sold or ex- ‘‘(3) ALLOCATION PREFERENCES.—In allo- delays, improved safety, and reduced vehicle changed in any manner not in conflict with cating funds under the program, the Sec- operating costs. existing law, including on the spot market or retary shall give preference to— (9) The proposed increases to the Transpor- by contractual arrangements of any dura- ‘‘(A) States in regions which have a dis- tation Equity Act for the 21st Century (TEA– tion. proportionately small share of economically 21) will not be sufficient to compensate for ‘‘(h) PURCHASE FROM THE UNITED STATES.— sustainable renewable energy generation ca- the Nation’s transportation infrastructure The Secretary shall offer renewable energy pacity; and deficit. credits for sale at the lesser of three cents ‘‘(B) State grant programs most likely to (b) PURPOSE.—The purpose of this Act is to per kilowatt-hour or 110 percent of the aver- stimulate or enhance innovative renewable provide financing for long-term infrastruc- age market value of credits for the applica- energy technologies.’’. ture capital investments that are not cur- ble compliance period. On January 1 of each rently being met by existing transportation year following calendar year 2006, the Sec- By Mr. TALENT (for himself, Mr. and infrastructure investment programs, in- retary shall adjust for inflation the price WYDEN, Mr. ALLEN, Mr. COLE- cluding mega-projects, projects of national charged per credit for such calendar year. MAN, Ms. COLLINS, Mr. CORZINE, significance, multistate transportation cor- ‘‘(i) STATE PROGRAMS.—Nothing in this sec- Mr. DAYTON, Mrs. DOLE, Mr. ridors, intermodal transportation facilities, tion shall preclude any State from requiring and transportation and security improve- additional renewable energy generation in GRAHAM, and Mr. VITTER): S. 428. A bill to provide $30,000,000,000 ments to highways, public transportation the State under any renewable energy pro- systems, and rail systems. in new transportation infrastructure gram conducted by the State. SEC. 3. CREDIT TO HOLDERS OF BUILD AMERICA ‘‘(j) CONSUMER ALLOCATION.—The rates funding in addition to TEA–21 levels BONDS. charged to classes of consumers by a retail through bonding to empower States (a) IN GENERAL.—Part IV of subchapter A electric supplier shall reflect a proportional and local governments to complete sig- of chapter 1 (relating to credits against tax) percentage of the cost of generating or ac- nificant long-term capital improve- is amended by adding at the end the fol- quiring the required annual percentage of re- lowing new subpart: newable energy under subsection (b). A retail ment projects for highways, public electric supplier shall not represent to any transportation systems, and rail sys- ‘‘Subpart H—Nonrefundable Credit for customer or prospective customer that any tems, and for other purposes; to the Holders of Build America Bonds product contains more than the percentage Committee on Finance. ‘‘Sec. 54. Credit to holders of Build Amer- ica bonds.

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0655 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1644 CONGRESSIONAL RECORD — SENATE February 17, 2005 ‘‘SEC. 54. CREDIT TO HOLDERS OF BUILD AMER- ‘‘(B) for deposit in the Build America Trust ‘‘(II) to reduce congestion, including im- ICA BONDS. Account for repayment of Build America pacts in the State, region, and Nation, ‘‘(a) ALLOWANCE OF CREDIT.—In the case of bonds at maturity, ‘‘(III) to improve transportation safety, in- a taxpayer who holds a Build America bond ‘‘(2) the bond is issued by the Transpor- cluding reducing transportation accidents, on a credit allowance date of such bond tation Finance Corporation, is in registered injuries, and fatalities, and which occurs during the taxable year, there form, and meets the Build America bond lim- ‘‘(IV) to otherwise enhance the national shall be allowed as a credit against the tax itation requirements under subsection (g), transportation system. imposed by this chapter for such taxable ‘‘(3) the Transportation Finance Corpora- ‘‘(C) MULTISTATE CORRIDOR PROGRAM.— year an amount equal to the sum of the cred- tion certifies that it meets the State con- ‘‘(i) IN GENERAL.—The term ‘multistate its determined under subsection (b) with re- tribution requirement of subsection (k) with corridor program’ means any program for spect to credit allowance dates during such respect to such project, as in effect on the multistate highway and multimodal plan- year on which the taxpayer holds such bond. date of issuance, ning studies and construction. ‘‘(b) AMOUNT OF CREDIT.— ‘‘(4) the Transportation Finance Corpora- ‘‘(ii) CRITERIA FOR APPROVAL.—The Trans- ‘‘(1) IN GENERAL.—The amount of the credit tion certifies that the State in which an ap- portation Finance Corporation shall consider determined under this subsection with re- proved qualified project is located meets the in approving any multistate corridor pro- spect to any credit allowance date for a requirement described in subsection (l), gram— Build America bond is 25 percent of the an- ‘‘(5) except for bonds issued in accordance ‘‘(I) the existence and significance of nual credit determined with respect to such with subsection (g)(6), the term of each bond signed and binding multijurisdictional agree- bond. which is part of such issue does not exceed 30 ments, ‘‘(2) ANNUAL CREDIT.—The annual credit de- years, ‘‘(II) prospects for early completion of the termined with respect to any Build America ‘‘(6) the payment of principal with respect program, or bond is the product of— to such bond is the obligation of the Trans- ‘‘(III) whether the projects under such pro- ‘‘(A) the applicable credit rate, multiplied portation Finance Corporation, and gram to be studied or constructed are lo- by ‘‘(7) with respect to bonds described in cated on corridors identified by section ‘‘(B) the outstanding face amount of the paragraph (1)(A), the issue meets the require- 1105(c) of the Intermodal Surface Transpor- bond. ments of subsection (h) (relating to arbi- tation Efficiency Act of 1991 (Public Law 102– ‘‘(3) APPLICABLE CREDIT RATE.—For pur- trage). 240; 105 Stat. 2032). poses of paragraph (2), the applicable credit ‘‘(f) QUALIFIED PROJECT.—For purposes of ‘‘(D) BORDER PLANNING, OPERATIONS, TECH- rate with respect to an issue is the rate this section— NOLOGY, AND CAPACITY IMPROVEMENT PRO- GRAM equal to an average market yield (as of the ‘‘(1) IN GENERAL.—The term ‘qualified .— day before the date of sale of the issue) on project’ means any— ‘‘(i) IN GENERAL.—The term ‘border plan- outstanding long-term corporate debt obliga- ‘‘(A) qualified highway project, and ning, operations, technology, and capacity tions (determined in such manner as the Sec- ‘‘(B) qualified public transportation improvement program’ means any program retary prescribes). project, which includes 1 or more eligible activities ‘‘(4) CREDIT ALLOWANCE DATE.—For pur- to support coordination and improvement in proposed by 1 or more States and approved bi-national transportation planning, oper- poses of this section, the term ‘credit allow- by the Transportation Finance Corporation. ance date’ means— ations, efficiency, information exchange, ‘‘(2) QUALIFIED HIGHWAY PROJECT.— safety, and security at the international bor- ‘‘(A) March 15, ‘‘(A) IN GENERAL.—The term ‘qualified ‘‘(B) June 15, ders of the United States with Canada and highway project’ means any— Mexico. ‘‘(C) September 15, and ‘‘(i) project of regional or national signifi- ‘‘(D) December 15. ‘‘(ii) ELIGIBLE ACTIVITIES.—For purposes of cance, this subparagraph, the term ‘eligible activi- Such term includes the last day on which the ‘‘(ii) multistate corridor program, ties’ means— bond is outstanding. ‘‘(iii) border planning, operations, tech- ‘‘(I) highway and multimodal planning or ‘‘(5) SPECIAL RULE FOR ISSUANCE AND RE- nology, and capacity improvement program, environmental studies, DEMPTION.—In the case of a bond which is and ‘‘(II) cross-border port of entry and safety issued during the 3-month period ending on a ‘‘(iv) freight intermodal connector project. inspection improvements, including oper- credit allowance date, the amount of the ‘‘(B) PROJECTS OF REGIONAL AND NATIONAL ational enhancements and technology appli- credit determined under this subsection with SIGNIFICANCE.— cations, respect to such credit allowance date shall ‘‘(i) IN GENERAL.—The term ‘project of re- ‘‘(III) technology and information ex- be a ratable portion of the credit otherwise gional or national significance’ means the el- change activities, and determined based on the portion of the 3- igible project costs of any surface transpor- ‘‘(IV) right-of-way acquisition, design, and month period during which the bond is out- tation project which is eligible for Federal construction, as needed to implement the en- standing. A similar rule shall apply when the assistance under title 23, United States Code, hancements or applications described in sub- bond is redeemed. including any freight rail project and activ- clauses (II) and (III), to decrease air pollu- ‘‘(c) LIMITATION BASED ON AMOUNT OF ity eligible under such title, if such eligible tion emissions from vehicles or inspection TAX.— project costs are reasonably anticipated to facilities at border crossings, or to increase ‘‘(1) IN GENERAL.—The credit allowed under equal or exceed the lesser of— highway capacity at or near international subsection (a) for any taxable year shall not ‘‘(I) $100,000,000, or borders. exceed the excess of— ‘‘(II) 50 percent of the amount of Federal ‘‘(E) FREIGHT INTERMODAL CONNECTOR ‘‘(A) the sum of the regular tax liability highway assistance funds apportioned for the PROJECT.— (as defined in section 26(b)) plus the tax im- most recently completed fiscal year to the ‘‘(i) IN GENERAL.—The term ‘freight inter- posed by section 55, over State in which the project is located. modal connector project’ means any project ‘‘(B) the sum of the credits allowable under ‘‘(ii) ELIGIBLE PROJECT COSTS.—The term for the construction of and improvements to this part (other than this subpart and sub- ‘eligible project costs’ means the costs of— publicly owned freight intermodal connec- part C). ‘‘(I) development phase activities, includ- tors to the National Highway System, the ‘‘(2) CARRYOVER OF UNUSED CREDIT.—If the ing planning, feasibility analysis, revenue provision of access to such connectors, and credit allowable under subsection (a) exceeds forecasting, environmental review, prelimi- operational improvements for such connec- the limitation imposed by paragraph (1) for nary engineering and design work, and other tors (including capital investment for intel- such taxable year, such excess shall be car- preconstruction activities, and ligent transportation systems), except that a ried to the succeeding taxable year and ‘‘(II) construction, reconstruction, reha- project located within the boundaries of an added to the credit allowable under sub- bilitation, and acquisition of real property intermodal freight facility shall only include section (a) for such taxable year. (including land related to the project and highway infrastructure modifications nec- ‘‘(d) CREDIT INCLUDED IN GROSS INCOME.— improvements to land), environmental miti- essary to facilitate direct intermodal access Gross income includes the amount of the gation, construction contingencies, acquisi- between the connector and the facility. credit allowed to the taxpayer under this tion of equipment, and operational improve- ‘‘(ii) CRITERIA FOR APPROVAL.—The Trans- section (determined without regard to sub- ments. portation Finance Corporation shall consider section (c)) and the amount so included shall ‘‘(iii) CRITERIA FOR APPROVAL.—The Trans- in approving any freight intermodal con- be treated as interest income. portation Finance Corporation may approve nector project the criteria set forth in the ‘‘(e) BUILD AMERICA BOND.—For purposes of a project of regional or national significance report of the Department of Transportation this part, the term ‘Build America bond’ only if the Corporation determines that the to Congress entitled ‘Pulling Together: The means any bond issued as part of an issue project is based on the results of preliminary NHS and its Connections to Major Inter- if— engineering, and is justified based on the modal Terminals’. ‘‘(1) the net spendable proceeds from the project’s ability— ‘‘(iii) FREIGHT INTERMODAL CONNECTOR.— sale of such issue are to be used— ‘‘(I) to generate national or regional eco- The term ‘freight intermodal connector’ ‘‘(A) for expenditures incurred after the nomic benefits, including creating jobs, ex- means the roadway that connects to an date of the enactment of this section for any panding business opportunities, and impact- intermodal freight facility that carries or qualified project, or ing the gross domestic product, will carry intermodal traffic.

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‘‘(iv) INTERMODAL FREIGHT FACILITY.—The support for investing in America’s infra- ‘‘(A) TAX BENEFIT RULE.—The tax for the term ‘intermodal freight facility’ means a structure. taxable year shall be increased under para- port, airport, truck-rail terminal, and pipe- ‘‘(h) SPECIAL RULES RELATING TO ARBI- graph (2) only with respect to credits allowed line-truck terminal. TRAGE.— by reason of this section which were used to ‘‘(3) QUALIFIED PUBLIC TRANSPORTATION ‘‘(1) IN GENERAL.—Subject to paragraph (2), reduce tax liability. In the case of credits PROJECT.—The term ‘qualified public trans- an issue shall be treated as meeting the re- not so used to reduce tax liability, the portation project’ means a project for public quirements of this subsection if as of the carryforwards and carrybacks under section transportation facilities or other facilities date of issuance, the Transportation Finance 39 shall be appropriately adjusted. which are eligible for assistance under title Corporation reasonably expects— ‘‘(B) NO CREDITS AGAINST TAX.—Any in- 49, United States Code, including intercity ‘‘(A) to spend at least 85 percent of the net crease in tax under paragraph (2) shall not be passenger rail. spendable proceeds from the sale of the issue treated as a tax imposed by this chapter for ‘‘(g) LIMITATION ON AMOUNT OF BONDS DES- for 1 or more qualified projects within the 5- purposes of determining— IGNATED; ALLOCATION OF BOND PROCEEDS.— year period beginning on such date, ‘‘(i) the amount of any credit allowable ‘‘(1) NATIONAL LIMITATION.—There is a ‘‘(B) to incur a binding commitment with a under this part, or Build America bond limitation for each cal- third party to spend at least 10 percent of the ‘‘(ii) the amount of the tax imposed by sec- endar year. Such limitation is— net spendable proceeds from the sale of the tion 55. ‘‘(A) with respect to bonds described in issue, or to commence construction, with re- ‘‘(j) BUILD AMERICA TRUST ACCOUNT.— subsection (e)(1)(A)— spect to such projects within the 12-month ‘‘(1) IN GENERAL.—The following amounts ‘‘(i) $5,500,000,000 for 2005, period beginning on such date, and shall be held in a Build America Trust Ac- ‘‘(ii) $8,000,000,000 for 2006, ‘‘(C) to proceed with due diligence to com- count by the Transportation Finance Cor- ‘‘(iii) $8,000,000,000 for 2007, plete such projects and to spend the net poration: ‘‘(iv) $3,000,000,000 for 2008, spendable proceeds from the sale of the issue. ‘‘(A) The proceeds from the sale of all ‘‘(v) $3,000,000,000 for 2009, ‘‘(2) SPENT PROCEEDS.—Net spendable pro- bonds issued under this section. ‘‘(vi) $2,500,000,000 for 2010, and ceeds are considered spent by the Transpor- ‘‘(B) The amount of any matching con- ‘‘(vii) except as provided in paragraph (4), tation Finance Corporation when a sponsor tributions with respect to such bonds. zero thereafter, plus of a qualified project obtains a reimburse- ‘‘(C) The investment earnings on proceeds ‘‘(B) with respect to bonds described in ment from the Transportation Finance Cor- from the sale of such bonds. subsection (e)(1)(B), such amount each cal- poration for eligible project costs. ‘‘(D) Any earnings on any amounts de- endar year as determined necessary by the ‘‘(3) RULES REGARDING CONTINUING COMPLI- scribed in subparagraph (A), (B), or (C). Transportation Finance Corporation to pro- ANCE AFTER 5-YEAR DETERMINATION.—If at ‘‘(2) USE OF FUNDS.—Amounts in the Build vide funds in the Build America Trust Ac- least 85 percent of the net spendable proceeds America Trust Account may be used only to count for the repayment of Build America from the sale of the issue is not expended for pay costs of qualified projects, redeem Build bonds at maturity, except that the aggregate 1 or more qualified projects within the 5-year America bonds, and fund the operations of amount of such bonds for all calendar years period beginning on the date of issuance, but the Transportation Finance Corporation, ex- shall not exceed $9,000,000,000,000. the requirements of paragraph (1) are other- cept that amounts withdrawn from the Build ‘‘(2) ALLOCATION OF BONDS FOR HIGHWAY AND wise met, an issue shall be treated as con- America Trust Account to pay costs of quali- PUBLIC TRANSPORTATION PURPOSES.—Except tinuing to meet the requirements of this sub- fied projects may not exceed the aggregate with respect to qualified projects described section if the Transportation Finance Cor- proceeds from the sale of Build America in subsection (j)(3), and subject to paragraph poration uses all unspent net spendable pro- bonds described in subsection (e)(1)(A). (3)— ceeds from the sale of the issue to redeem ‘‘(3) USE OF REMAINING FUNDS IN BUILD ‘‘(A) QUALIFIED HIGHWAY PROJECTS.—From bonds of the issue within 90 days after the AMERICA TRUST ACCOUNT.—Upon the redemp- Build America bonds issued under the annual end of such 5-year period. tion of all Build America bonds issued under limitation in paragraph (1)(A), the Transpor- ‘‘(4) REALLOCATION.—In the event the re- this section, any remaining amounts in the tation Finance Corporation shall allocate 80 cipient of an allocation under subsection (g) Build America Trust Account shall be avail- percent of the net spendable proceeds to the fails to demonstrate to the satisfaction of able to the Transportation Finance Corpora- States for qualified highway projects des- the Transportation Finance Corporation tion to pay the costs of any qualified project. ignated by law from recommendations sub- that its actions will allow the Transpor- ‘‘(4) COSTS OF QUALIFIED PROJECTS.—For mitted to Congress identifying various tation Finance Corporation to meet the re- purposes of this section, the costs of quali- projects approved as meeting the criteria re- quirements under this subsection, the Trans- fied projects which may be funded by quired for each such project by the Transpor- portation Finance Corporation may redis- amounts in the Build America Trust Ac- tation Finance Corporation. tribute the allocation meant for such recipi- count may only relate to capital invest- ‘‘(B) QUALIFIED PUBLIC TRANSPORTATION ent to other recipients. ments in depreciable assets and may not in- PROJECTS.—From Build America bonds ‘‘(i) RECAPTURE OF PORTION OF CREDIT clude any costs relating to operations, main- issued under the annual limitation in para- WHERE CESSATION OF COMPLIANCE.— tenance, or rolling stock. graph (1)(A), the Transportation Finance ‘‘(1) IN GENERAL.—If any bond which when ‘‘(5) APPLICABILITY OF FEDERAL LAW.—The Corporation shall allocate 20 percent of the issued purported to be a Build America bond requirements of any Federal law, including net spendable proceeds to the States for ceases to be such a qualified bond, the Trans- titles 23, 40, and 49 of the United States Code, qualified public transportation projects des- portation Finance Corporation shall pay to which would otherwise apply to projects to ignated by law from recommendations sub- the United States (at the time required by which the United States is a party or to mitted to Congress identifying various the Secretary) an amount equal to the sum funds made available under such law and projects approved as meeting the criteria re- of— projects assisted with those funds shall apply quired for each such project by the Transpor- ‘‘(A) the aggregate of the credits allowable to— tation Finance Corporation. under this section with respect to such bond ‘‘(A) funds made available under the Build ‘‘(3) MINIMUM ALLOCATIONS TO STATES.—In (determined without regard to subsection America Trust Account for similar qualified making allocations for each calendar year (c)) for taxable years ending during the cal- projects, including contributions required under paragraph (2), the Transportation Fi- endar year in which such cessation occurs under subsection (k), and nance Corporation shall ensure that the and the 2 preceding calendar years, and ‘‘(B) similar qualified projects assisted by amount allocated for qualified projects lo- ‘‘(B) interest at the underpayment rate the Transportation Finance Corporation cated in each State for such calendar year is under section 6621 on the amount determined through the use of such funds. not less than 1⁄2 percent of the total amount under subparagraph (A) for each calendar ‘‘(6) INVESTMENT.—It shall be the duty of allocated for such year. year for the period beginning on the first day the Transportation Finance Corporation to ‘‘(4) CARRYOVER OF UNUSED ISSUANCE LIMI- of such calendar year. invest in investment grade obligations such TATION.—If for any calendar year the limita- ‘‘(2) FAILURE TO PAY.—If the Transpor- portion of the Build America Trust Account tion amount imposed by paragraph (1) ex- tation Finance Corporation fails to timely as is not, in the judgment of the Board of Di- ceeds the amount of Build America bonds pay the amount required by paragraph (1) rectors of the Transportation Finance Cor- issued during such year, such excess shall be with respect to such bond, the tax imposed poration, required to meet current with- carried forward to one or more succeeding by this chapter on each holder of any such drawals. To the maximum extent prac- calendar years as an addition to the limita- bond which is part of such issue shall be in- ticable, investments should be made in secu- tion imposed by paragraph (1) and until used creased (for the taxable year of the holder in rities that support transportation invest- by issuance of Build America bonds. which such cessation occurs) by the aggre- ment at the State and local level. ‘‘(5) ISSUANCE OF SMALL DENOMINATION gate decrease in the credits allowed under ‘‘(k) STATE CONTRIBUTION REQUIREMENTS.— BONDS.—From the Build America bond limi- this section to such holder for taxable years ‘‘(1) IN GENERAL.—For purposes of sub- tation for each year, the Transportation Fi- beginning in such 3 calendar years which section (e)(3), the State contribution require- nance Corporation shall issue a limited would have resulted solely from denying any ment of this subsection is met with respect quantity of Build America bonds in small de- credit under this section with respect to to any qualified project if the Transpor- nominations suitable for purchase as gifts by such issue for such taxable years. tation Finance Corporation has received individual investors wishing to show their ‘‘(3) SPECIAL RULES.— from 1 or more States, not later than the

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1646 CONGRESSIONAL RECORD — SENATE February 17, 2005 date of issuance of the bond, written com- strued to limit the transferability of the United States Government, and shall not be mitments for matching contributions of not credit or bond allowed by this section subject to title 31, United States Code. less than 20 percent (or such smaller percent- through sale and repurchase agreements. (b) PRINCIPAL OFFICE; APPLICATION OF age as determined under title 23, United ‘‘(10) REPORTING.—The Transportation Fi- LAWS.—The principal office and place of States Code, for such State) of the cost of nance Corporation shall submit reports simi- business of the Corporation shall be in the the qualified project. lar to the reports required under section District of Columbia, and, to the extent con- ‘‘(2) STATE MATCHING CONTRIBUTIONS MAY 149(e). sistent with this section, the District of Co- NOT INCLUDE FEDERAL FUNDS.—For purposes ‘‘(11) PROHIBITION ON USE OF HIGHWAY TRUST lumbia Business Corporation Act (D.C. Code of this subsection, State matching contribu- FUND.—Notwithstanding any other provision 29–301 et seq.) shall apply. tions shall not be derived, directly or indi- of law, no funds derived from the Highway (c) FUNCTIONS OF CORPORATION.—The Cor- rectly, from Federal funds, including any Trust Fund established under section 9503 poration shall— transfers from the Highway Trust Fund shall be used to pay costs associated with (1) issue Build America bonds for the fi- under section 9503. the Build America bonds issued under this nancing of qualified projects as required under section 54 of the Internal Revenue ‘‘(l) UTILIZATION OF UPDATED CONSTRUCTION section.’’. Code of 1986, TECHNOLOGY FOR QUALIFIED PROJECTS.—For (b) AMENDMENTS TO OTHER CODE SEC- (2) establish and operate the Build America purposes of subsection (e)(4), the require- TIONS.— Trust Account as required under section 54(j) ment of this subsection is met if the appro- (1) REPORTING.—Subsection (d) of section of such Code, priate State agency relating to the qualified 6049 (relating to returns regarding payments (3) act as a centralized entity to provide fi- project has updated its accepted construc- of interest) is amended by adding at the end nancing for qualified projects, tion technologies to match a list prescribed the following new paragraph: by the Secretary of Transportation and in ef- (4) leverage resources and stimulate public ‘‘(8) REPORTING OF CREDIT ON BUILD AMERICA fect on the date of the approval of the and private investment in transportation in- BONDS.— project as a qualified project. frastructure, ‘‘(A) IN GENERAL.—For purposes of sub- ‘‘(m) OTHER DEFINITIONS AND SPECIAL (5) encourage States to create additional section (a), the term ‘interest’ includes RULES.—For purposes of this section— opportunities for the financing of transpor- amounts includible in gross income under ‘‘(1) ADMINISTRATIVE COSTS.—The term ‘ad- tation infrastructure and to provide tech- section 54(d) and such amounts shall be ministrative costs’ shall only include costs nical assistance to States, if needed, treated as paid on the credit allowance date of issuance of Build America bonds and oper- (6) perform any other function the sole (as defined in section 54(b)(4)). ation costs of the Transportation Corpora- purpose of which is to carry out the financ- ‘‘(B) REPORTING TO CORPORATIONS, ETC.— tion. ing of qualified projects through Build Amer- Except as otherwise provided in regulations, ‘‘(2) BOND.—The term ‘bond’ includes any ica bonds, and in the case of any interest described in sub- obligation. (7) not later than February 15 of each year paragraph (A), subsection (b)(4) shall be ap- ‘‘(3) NET SPENDABLE PROCEEDS.—The term submit a report to Congress— plied without regard to subparagraphs (A), ‘net spendable proceeds’ means the proceeds (A) describing the activities of the Cor- (H), (I), (J), (K), and (L)(i) of such subsection. from the sale of any Build America bond poration for the preceding year, and ‘‘(C) REGULATORY AUTHORITY.—The Sec- issued under this section reduced by not (B) specifying whether the amounts depos- retary may prescribe such regulations as are more than 5 percent of such proceeds for ad- ited and expected to be deposited in the necessary or appropriate to carry out the ministrative costs. Build America Trust Account are sufficient purposes of this paragraph, including regula- ‘‘(4) STATE.—The term ‘State’ shall have to fully repay at maturity the principal of tions which require more frequent or more the meaning given such term by section 101 any outstanding Build America bonds issued detailed reporting.’’. of title 23, United States Code. pursuant to such section 54. (2) TREATMENT FOR ESTIMATED TAX PUR- ‘‘(5) TREATMENT OF CHANGES IN USE.—For (d) POWERS OF CORPORATION.—The Corpora- purposes of subsection (e)(1)(A), the net POSES.— tion— spendable proceeds from the sale of an issue (A) INDIVIDUAL.—Section 6654 (relating to (1) may sue and be sued, complain and de- shall not be treated as used for a qualified failure by individual to pay estimated in- fend, in its corporate name, in any court of project to the extent that the Transpor- come tax) is amended by redesignating sub- competent jurisdiction, tation Finance Corporation takes any action section (m) as subsection (n) and by insert- (2) may adopt, alter, and use a seal, which within its control which causes such pro- ing after subsection (l) the following new shall be judicially noticed, ceeds not to be used for a qualified project. subsection: (3) may prescribe, amend, and repeal such ‘‘(m) SPECIAL RULE FOR HOLDERS OF BUILD The Secretary shall specify remedial actions rules and regulations as may be necessary AMERICA BONDS.—For purposes of this sec- which may be taken (including conditions to for carrying out the functions of the Cor- tion, the credit allowed by section 54 to a taking such remedial actions) to prevent an poration, taxpayer by reason of holding a Build Amer- action described in the preceding sentence (4) may make and perform such contracts ica bond on a credit allowance date shall be from causing a bond to fail to be a Build and other agreements with any individual, treated as if it were a payment of estimated America bond. corporation, or other private or public entity tax made by the taxpayer on such date.’’. ‘‘(6) PARTNERSHIP; S CORPORATION; AND however designated and wherever situated, (B) CORPORATE.—Subsection (g) of section OTHER PASS-THRU ENTITIES.—In the case of a as may be necessary for carrying out the 6655 (relating to failure by corporation to partnership, trust, S corporation, or other functions of the Corporation, pay estimated income tax) is amended by pass-thru entity, rules similar to the rules of (5) may determine and prescribe the man- adding at the end the following new para- section 41(g) shall apply with respect to the ner in which its obligations shall be incurred graph: credit allowable under subsection (a). and its expenses allowed and paid, ‘‘(5) SPECIAL RULE FOR HOLDERS OF BUILD ‘‘(7) BONDS HELD BY REGULATED INVESTMENT (6) may, as necessary for carrying out the AMERICA BONDS.—For purposes of this sec- COMPANIES.—If any Build America bond is functions of the Corporation, employ and fix tion, the credit allowed by section 54 to a held by a regulated investment company, the the compensation of employees and officers, taxpayer by reason of holding a Build Amer- credit determined under subsection (a) shall (7) may lease, purchase, or otherwise ac- ica bond on a credit allowance date shall be be allowed to shareholders of such company quire, own, hold, improve, use, or otherwise treated as if it were a payment of estimated under procedures prescribed by the Sec- deal in and with such property (real, per- tax made by the taxpayer on such date.’’. retary. sonal, or mixed) or any interest therein, (c) CLERICAL AMENDMENTS.— ‘‘(8) CREDITS MAY BE STRIPPED.—Under reg- wherever situated, as may be necessary for (1) The table of subparts for part IV of sub- ulations prescribed by the Secretary— carrying out the functions of the Corpora- chapter A of chapter 1 is amended by adding ‘‘(A) IN GENERAL.—There may be a separa- tion, at the end the following new item: tion (including at issuance) of the ownership (8) may accept gifts or donations of serv- of a Build America bond and the entitlement ‘‘SUBPART H. NONREFUNDABLE CREDIT FOR ices or of property (real, personal, or mixed), to the credit under this section with respect HOLDERS OF BUILD AMERICA BONDS.’’. tangible or intangible, in furtherance of the to such bond. In case of any such separation, (2) Section 6401(b)(1) is amended by strik- purposes of this Act, and the credit under this section shall be allowed ing ‘‘and G’’ and inserting ‘‘G, and H’’. (9) shall have such other powers as may be to the person who on the credit allowance (d) EFFECTIVE DATE.—The amendments necessary and incident to carrying out this date holds the instrument evidencing the en- made by this section shall apply to obliga- Act. titlement to the credit and not to the holder tions issued after the date of the enactment (e) NONPROFIT ENTITY; RESTRICTION ON USE of the bond. of this Act. OF MONEYS; CONFLICT OF INTERESTS; AU- ‘‘(B) CERTAIN RULES TO APPLY.—In the case SEC. 4. TRANSPORTATION FINANCE CORPORA- DITS.— of a separation described in subparagraph TION. (1) NONPROFIT ENTITY.—The Corporation (A), the rules of section 1286 shall apply to (a) ESTABLISHMENT AND STATUS.—There is shall be a nonprofit corporation and shall the Build America bond as if it were a established a body corporate to be known as have no capital stock. stripped bond and to the credit under this the ‘‘Transportation Finance Corporation’’ (2) RESTRICTION.—No part of the Corpora- section as if it were a stripped coupon. (hereafter in this section referred to as the tion’s revenue, earnings, or other income or ‘‘(9) CREDITS MAY BE TRANSFERRED.—Noth- ‘‘Corporation’’). The Corporation is not a de- property shall inure to the benefit of any of ing in any law or rule of law shall be con- partment, agency, or instrumentality of the its directors, officers, or employees, and such

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revenue, earnings, or other income or prop- (1) IN GENERAL.—In order to carry out the (3) QUORUM.—A majority of the Board shall erty shall only be used for carrying out the corporate functions described in subsection constitute a quorum. purposes of this Act. (c), the Corporation shall be eligible to re- (4) PRESIDENT OF CORPORATION.—The Board (3) CONFLICT OF INTERESTS.—No director, ceive discretionary grants, contracts, gifts, of Directors shall appoint a president of the officer, or employee of the Corporation shall contributions, or technical assistance from Corporation on such terms as the Board may in any manner, directly or indirectly partici- any Federal department or agency, to the ex- determine. pate in the deliberation upon or the deter- tent permitted by law. mination of any question affecting his or her (2) AGREEMENT.—In order to receive any as- By Mr. LIEBERMAN (for himself, personal interests or the interests of any sistance described in this subsection, the Mr. DODD, Mr. KENNEDY, and corporation, partnership, or organization in Corporation shall enter into an agreement Mr. KERRY): which he or she is directly or indirectly in- with the Federal department or agency pro- S. 429. A bill to establish the Upper terested. viding such assistance, under which the Cor- Housatonic Valley National Heritage (4) AUDITS.— poration agrees— Area in the State of Connecticut and (A) AUDITS BY INDEPENDENT CERTIFIED PUB- (A) to use such assistance to provide fund- LIC ACCOUNTANTS.— ing and technical assistance only for activi- the Commonwealth of Massachusetts, (i) IN GENERAL.—The Corporation’s finan- ties which the Board of Directors of the Cor- and for other purposes; to the Com- cial statements shall be audited annually in poration determines are consistent with the mittee on Energy and Natural Re- accordance with generally accepted auditing corporate functions described in subsection sources. standards by independent certified public ac- (c), and Mr. LIEBERMAN. Mr. President, countants that are certified by a regulatory (B) to review the activities of State trans- today I introduce legislation that is a authority of a State or other political sub- portation agencies and other entities receiv- first step in giving the Upper division of the United States. The audits ing assistance from the Corporation to as- Housatonic Valley, a nationally signifi- shall be conducted at the place or places sure that the corporate functions described cant area, the acknowledgment and re- where the accounts of the Corporation are in subsection (c) are carried out. normally kept. All books, accounts, finan- (3) CONSTRUCTION.—Nothing in this section sources it deserves. Designation of the cial records, reports, files, and all other pa- shall be construed to establish the Corpora- upper Housatonic Valley as a national pers, things, or property belonging to or in tion as a department, agency, or instrumen- heritage area will enhance and foster use by the Corporation and necessary to fa- tality of the United States Government, or public-private partnerships to educate cilitate the audit shall be made available to to establish the members of the Board of Di- residents and visitors about the region; the person or persons conducting the audits, rectors of the Corporation, or the officers improve the area’s economy through and full facilities for verifying transactions and employees of the Corporation, as officers business investment, job expansion, with the balances or securities held by de- or employees of the United States Govern- and tourism; and protect the area’s positories, fiscal agents, and custodians shall ment. natural and cultural heritage. be afforded to such person or persons. (h) MANAGEMENT OF CORPORATION.— The Upper Housatonic Valley is a (ii) REPORTING REQUIREMENTS.—The report (1) BOARD OF DIRECTORS; MEMBERSHIP; DES- of each annual audit described in clause (i) IGNATION OF CHAIRPERSON AND VICE CHAIR- unique cultural and geographical re- shall be included in the annual report re- PERSON; APPOINTMENT CONSIDERATIONS; TERM; gion that encompasses in the quired by subsection (c)(8). VACANCIES.— Housatonic River watershed, extending (B) RECORD KEEPING REQUIREMENTS.—The (A) BOARD OF DIRECTORS.—The manage- 60 miles from Lanesboro, MA to Kent, Corporation shall ensure that each recipient ment of the Corporation shall be vested in a CT. The valley has made significant of assistance from the Corporation keeps— board of directors composed of 15 members national contributions through lit- (i) separate accounts with respect to such appointed by the President, by and with the erary, artistic, musical, and architec- advice and consent of the Senate. assistance, tural achievements; as the backdrop (ii) such records as may be reasonably nec- (B) CHAIRPERSON AND VICE CHAIRPERSON.— essary to fully disclose— The President shall designate 1 member of for important Revolutionary War era (I) the amount and the disposition by such the Board to serve as Chairperson of the events; as the cradle of the iron, paper, recipient of the proceeds of such assistance, Board and 1 member to serve as Vice Chair- and electrical industries; and as home (II) the total cost of the project or under- person of the Board. to key figures and events in the aboli- taking in connection with which such assist- (C) INDIVIDUALS FROM PRIVATE LIFE.—Elev- tionist and civil rights movements. It ance is given or used, and the extent to en members of the Board shall be appointed includes five National Historic Land- which such costs are for a qualified project, from private life. marks and four National Natural Land- and (D) FEDERAL OFFICERS AND EMPLOYEES.— marks. (III) the amount and nature of that portion Four members of the Board shall be ap- The Upper Housatonic Valley Na- of the cost of the project or undertaking sup- pointed from among officers and employees of agencies of the United States concerned tional Heritage Area Act would offi- plied by other sources, and cially designate the region as part of (iii) such other records as will facilitate an with infrastructure development. effective audit. (E) APPOINTMENT CONSIDERATIONS.—All the National Park Service system. It (C) AUDIT AND EXAMINATION OF BOOKS.—The members of the Board shall be appointed on would also authorize funding for a vari- Corporation shall ensure that the Corpora- the basis of their understanding of and sensi- ety of activities that conserve the sig- tion, or any of the Corporation’s duly au- tivity to infrastructure development proc- nificant natural, historical, cultural, thorized representatives, shall have access esses. Members of the Board shall be ap- and scenic resources, and that provide for the purpose of audit and examination to pointed so that not more than 8 members of educational and recreational opportu- any books, documents, papers, and records of the Board are members of any 1 political nities in the area. The Upper party. any recipient of assistance from the Corpora- Housatonic Valley is part of our na- (F) TERMS.—Members of the Board shall be tion that are pertinent to such assistance. tional identity. Making it a National (f) EXEMPTION FROM TAXES.— appointed for terms of 3 years, except that of (1) IN GENERAL.—The Corporation, includ- the members first appointed, as designated Heritage Area will preserve and de- ing its franchise, capital, reserves, surplus, by the President at the time of their ap- velop the experiences that connect us sinking funds, mortgages or other security pointment, 5 shall be appointed for terms of to our history and heritage as Ameri- holdings, and income, shall be exempt from 1 year and 5 shall be appointed for terms of cans. all taxation now or hereafter imposed by the 2 years. Mr. President, I ask unanimous con- United States, by any territory, dependency, (G) VACANCIES.—A member of the Board sent that the text of the bill be printed appointed to fill a vacancy occurring before or possession thereof, or by any State, coun- in the RECORD. ty, municipality, or local taxing authority, the expiration of the term for which that There being no objection, the bill was except that any real property of the Corpora- member’s predecessor was appointed shall be appointed only for the remainder of that ordered to be printed in the RECORD, as tion shall be subject to State, territorial, follows: county, municipal, or local taxation to the term. Upon the expiration of a member’s same extent according to its value as other term, the member shall continue to serve S. 429 real property is taxed. until a successor is appointed and is quali- Be it enacted by the Senate and House of Rep- (2) FINANCIAL OBLIGATIONS.—Build America fied. resentatives of the United States of America in bonds or other obligations issued by the Cor- (2) COMPENSATION, ACTUAL, NECESSARY, AND Congress assembled, poration and the interest on or tax credits TRANSPORTATION EXPENSES.—Members of the SECTION 1. SHORT TITLE. with respect to its bonds or other obligations Board shall serve without additional com- This Act may be cited as the ‘‘Upper shall not be subject to taxation by any pensation, but may be reimbursed for actual Housatonic Valley National Heritage Area State, county, municipality, or local taxing and necessary expenses not exceeding $100 Act’’. authority. per day, and for transportation expenses, SEC. 2. FINDINGS AND PURPOSES. (g) ASSISTANCE FOR TRANSPORTATION PUR- while engaged in their duties on behalf of the (a) FINDINGS.—Congress finds the fol- POSES.— Corporation. lowing:

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1648 CONGRESSIONAL RECORD — SENATE February 17, 2005 (1) The upper Housatonic Valley, encom- levels of government, the private sector, and (D) increasing public awareness of and ap- passing 29 towns in the hilly terrain of west- the local communities in the upper preciation for natural, historical, scenic, and ern Massachusetts and northwestern Con- Housatonic Valley region to conserve the re- cultural resources of the Heritage Area; necticut, is a singular geographical and cul- gion’s heritage while continuing to pursue (E) protecting and restoring historic sites tural region that has made significant na- compatible economic opportunities. and buildings in the Heritage Area that are tional contributions through its literary, ar- (4) To assist communities, organizations, consistent with heritage area themes; tistic, musical, and architectural achieve- and citizens in the State of Connecticut and (F) ensuring that clear, consistent, and ap- ments, its iron, paper, and electrical equip- the Commonwealth of Massachusetts in iden- propriate signs identifying points of public ment industries, and its scenic beautifi- tifying, preserving, interpreting, and devel- access and sites of interest are posted cation and environmental conservation ef- oping the historical, cultural, scenic, and throughout the Heritage Area; and forts. natural resources of the region for the edu- (G) promoting a wide range of partnerships (2) The upper Housatonic Valley has 139 cational and inspirational benefit of current among governments, organizations and indi- properties and historic districts listed on the and future generations. viduals to further the purposes of the Herit- National Register of Historic Places includ- SEC. 3. DEFINITIONS. age Area; ing— In this Act: (3) consider the interests of diverse units of (A) five National Historic Landmarks— (1) HERITAGE AREA.—The term ‘‘Heritage government, businesses, organizations and (i) Edith Wharton’s home, The Mount, Area’’ means the Upper Housatonic Valley individuals in the Heritage Area in the prep- Lenox, Massachusetts; National Heritage Area, established in sec- aration and implementation of the manage- (ii) Herman Melville’s home, Arrowhead, tion 4. ment plan; Pittsfield, Massachusetts; (4) conduct meetings open to the public at (2) MANAGEMENT ENTITY.—The term ‘‘Man- (iii) W.E.B. DuBois’ Boyhood Homesite, agement Entity’’ means the management en- least semi-annually regarding the develop- Great Barrington, Massachusetts; tity for the Heritage Area designated by sec- ment and implementation of the manage- (iv) Mission House, Stockbridge, Massa- ment plan; tion 4(d). chusetts; and (5) submit an annual report to the Sec- (3) MANAGEMENT PLAN.—The term ‘‘Man- (v) Crane and Company Old Stone Mill Rag retary for any fiscal year in which the man- agement Plan’’ means the management plan Room, Dalton, Massachusetts; and agement entity receives Federal funds under for the Heritage Area specified in section 6. (B) four National Natural Landmarks— this Act, setting forth its accomplishments, (4) MAP.—The term ‘‘map’’ means the map (i) Bartholomew’s Cobble, Sheffield, Massa- expenses, and income, including grants to entitled ‘‘Boundary Map Upper Housatonic chusetts, and Salisbury, Connecticut; any other entities during the year for which Valley National Heritage Area’’, numbered (ii) Beckley Bog, Norfolk, Connecticut; the report is made; P17/80,000, and dated February 2003. (iii) Bingham Bog, Salisbury, Connecticut; (6) make available for audit for any fiscal (5) SECRETARY.—The term ‘‘Secretary’’ and year in which it receives Federal funds under means the Secretary of the Interior. (iv) Cathedral Pines, Cornwall, Con- this Act, all information pertaining to the (6) STATE.—The term ‘‘State’’ means the necticut. expenditure of such funds and any matching State of Connecticut and the Commonwealth (3) Writers, artists, musicians, and vaca- funds, and require in all agreements author- of Massachusetts. tioners have visited the region for more than izing expenditures of Federal funds by other 150 years to enjoy its scenic wonders, making SEC. 4. UPPER HOUSATONIC VALLEY NATIONAL organizations, that the receiving organiza- HERITAGE AREA. it one of the country’s leading cultural re- tions make available for such audit all sorts. (a) ESTABLISHMENT.—There is established records and other information pertaining to (4) The upper Housatonic Valley has made the Upper Housatonic Valley National Herit- the expenditure of such funds; and significant national cultural contributions age Area. (7) encourage by appropriate means eco- (b) BOUNDARIES.—The Heritage Area shall through such writers as Herman Melville, nomic viability that is consistent with the be comprised of— Nathaniel Hawthorne, Edith Wharton, and purposes of the Heritage Area. W.E.B. DuBois, artists Daniel Chester (1) part of the Housatonic River’s water- (b) AUTHORITIES.—The management entity French and Norman Rockwell, and the per- shed, which extends 60 miles from Lanesboro, may, for the purposes of preparing and im- forming arts centers of Tanglewood, Music Massachusetts to Kent, Connecticut; plementing the management plan for the Mountain, Norfolk (Connecticut) Chamber (2) the towns of Canaan, Colebrook, Corn- Heritage Area, use Federal funds made avail- Music Festival, Jacob’s Pillow, and Shake- wall, Kent, Norfolk, North Canaan, Salis- able through this Act to— speare & Company. bury, Sharon, and Warren in Connecticut; (1) make grants to the State of Con- (5) The upper Housatonic Valley is noted (3) the towns of Alford, Becket, Dalton, necticut and the Commonwealth of Massa- for its pioneering achievements in the iron, Egremont, Great Barrington, Hancock, chusetts, their political subdivisions, non- paper, and electrical generation industries Hinsdale, Lanesboro, Lee, Lenox, Monterey, profit organizations and other persons; and has cultural resources to interpret those Mount Washington, New Marlboro, Pitts- (2) enter into cooperative agreements with industries. field, Richmond, Sheffield, Stockbridge, or provide technical assistance to the State (6) The region became a national leader in Tyringham, Washington, and West Stock- of Connecticut and the Commonwealth of scenic beautification and environmental con- bridge in Massachusetts; and Massachusetts, their political jurisdictions, servation efforts following the era of indus- (4) the land and water within the bound- nonprofit organizations, and other interested trialization and deforestation and maintains aries of the Heritage Area, as depicted on the parties; a fabric of significant conservation areas in- map. (3) hire and compensate staff, which shall cluding the meandering Housatonic River. (c) AVAILABILITY OF MAP.—The map shall include individuals with expertise in natural, (7) Important historical events related to be on file and available for public inspection cultural, and historical resources protection, the American Revolution, Shays’ Rebellion, in the appropriate offices of the National and heritage programming; and early civil rights took place in the upper Park Service, Department of the Interior. (4) obtain money or services from any Housatonic Valley. (d) MANAGEMENT ENTITY.—The Upper source including any that are provided under (8) The region had an American Indian Housatonic Valley National Heritage Area, any other Federal law or program; presence going back 10,000 years and Mohi- Inc. shall be the management entity for the (5) contract for goods or services; and cans had a formative role in contact with Heritage Area. (6) undertake to be a catalyst for any other Europeans during the seventeenth and eight- SEC. 5. AUTHORITIES, PROHIBITIONS AND DU- activity that furthers the purposes of the eenth centuries. TIES OF THE MANAGEMENT ENTITY. Heritage Area and is consistent with the ap- (9) The Upper Housatonic Valley National (a) DUTIES OF THE MANAGEMENT ENTITY.— proved management plan. Heritage Area has been proposed in order to To further the purposes of the Heritage Area, (c) PROHIBITIONS ON THE ACQUISITION OF heighten appreciation of the region, preserve the management entity shall— REAL PROPERTY.—The management entity its natural and historical resources, and im- (1) prepare and submit a management plan may not use Federal funds received under prove the quality of life and economy of the for the Heritage Area to the Secretary in ac- this Act to acquire real property, but may area. cordance with section 6; use any other source of funding, including (b) PURPOSES.—The purposes of this Act (2) assist units of local government, re- other Federal funding outside this authority, are as follows: gional planning organizations, and nonprofit intended for the acquisition of real property. (1) To establish the Upper Housatonic Val- organizations in implementing the approved SEC. 6. MANAGEMENT PLAN. ley National Heritage Area in the State of management plan by— (a) IN GENERAL.—The management plan for Connecticut and the Commonwealth of Mas- (A) carrying out programs and projects the Heritage Area shall— sachusetts. that recognize, protect and enhance impor- (1) include comprehensive policies, strate- (2) To implement the national heritage tant resource values within the Heritage gies and recommendations for conservation, area alternative as described in the docu- Area; funding, management and development of ment entitled ‘‘Upper Housatonic Valley Na- (B) establishing and maintaining interpre- the Heritage Area; tional Heritage Area Feasibility Study, tive exhibits and programs within the Herit- (2) take into consideration existing State, 2003’’. age Area; county, and local plans in the development (3) To provide a management framework to (C) developing recreational and edu- of the management plan and its implementa- foster a close working relationship with all cational opportunities in the Heritage Area; tion;

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 17, 2005 CONGRESSIONAL RECORD — SENATE S1649 (3) include a description of actions that not later than 90 days after receiving the tually solve the methamphetamine cri- governments, private organizations, and in- management plan. sis in this country. My bill is entitled dividuals have agreed to take to protect the (2) CRITERIA FOR APPROVAL.—In deter- the Arrest Methamphetamine Act of natural, historical and cultural resources of mining the approval of the management 2005. It would create a new formula- the Heritage Area; plan, the Secretary shall consider whether— (4) specify the existing and potential (A) the management entity is representa- based grant program for States that sources of funding to protect, manage, and tive of the diverse interests of the Heritage have enacted sophisticated laws gov- develop the Heritage Area in the first 5 years Area including governments, natural and erning the sale of the precursor prod- of implementation; historic resource protection organizations, ucts used to make meth. My legislation (5) include an inventory of the natural, his- educational institutions, businesses, and rec- is designed to help communities cope torical, cultural, educational, scenic, and reational organizations; with the myriad problems being caused recreational resources of the Heritage Area (B) the management entity has afforded by meth, and ultimately to stop the related to the themes of the Heritage Area adequate opportunity, including public hear- growing meth epidemic in its tracks. that should be preserved, restored, managed, ings, for public and governmental involve- developed, or maintained; ment in the preparation of the management Never before has creating a separate (6) recommend policies and strategies for plan; program to finance the battle against resource management that consider and de- (C) the resource protection and interpreta- meth been so critical. I am dismayed to tail the application of appropriate land and tion strategies contained in the management see that the President’s fiscal year 2006 water management techniques including, but plan, if implemented, would adequately pro- budget request mortally wounds the not limited to, the development of intergov- tect the natural, historical, and cultural re- ernmental and interagency cooperative COPS program and that his budget fin- sources of the Heritage Area; and ishes off the already slashed and recon- agreements to protect the Heritage Area’s (D) the Secretary has received adequate as- natural, historical, cultural, educational, surances from the appropriate State and stituted Byrne grants program. These scenic and recreational resources; local officials whose support is needed to en- two mechanisms have provided anti- (7) describe a program of implementation sure the effective implementation of the meth funds for years now, and each for the management plan including plans for State and local aspects of the management year, the administration’s efforts to resource protection, restoration, construc- plan. undermine the COPS program and the tion, and specific commitments for imple- (3) ACTION FOLLOWING DISAPPROVAL.—If the Byrne grants program further jeop- mentation that have been made by the man- Secretary disapproves the management plan, agement entity or any government, organi- ardize law enforcement efforts against the Secretary shall advise the management meth and the many other important zation, or individual for the first 5 years of entity in writing of the reasons therefore implementation; and shall make recommendations for revi- law enforcement-related initiatives (8) include an analysis and recommenda- sions to the management plan. The Sec- that these two programs have carried tions for ways in which local, State, and retary shall approve or disapprove a pro- out for so many years. While I plan to Federal programs, including the role of the posed revision within 60 days after the date work hard with my colleagues to re- National Park Service in the Heritage Area, it is submitted. may best be coordinated to further the pur- store funding to the COPS and Byrne (4) APPROVAL OF AMENDMENTS.—Substan- programs generally, I do not see that poses of this Act; and tial amendments to the management plan (9) include an interpretive plan for the Her- our efforts to save these programs shall be reviewed by the Secretary and ap- every year from the administration’s itage Area. proved in the same manner as provided for (b) DEADLINE AND TERMINATION OF FUND- the original management plan. The manage- chopping block is the best way to en- ING.— ment entity shall not use Federal funds au- sure that necessary financial resources (1) DEADLINE.—The management entity thorized by this Act to implement any are there for all aspects of the meth shall submit the management plan to the amendments until the Secretary has ap- Secretary for approval within 3 years after fight. proved the amendments. funds are made available for this Act. While the administration was busy SEC. 8. DUTIES OF OTHER FEDERAL AGENCIES. (2) TERMINATION OF FUNDING.—If the man- slashing the $499 million COPS pro- agement plan is not submitted to the Sec- Any Federal agency conducting or sup- gram all the way down to $22 million, porting activities directly affecting the Her- retary in accordance with this subsection, the meth problems that the COPS pro- the management entity shall not qualify for itage Area shall— (1) consult with the Secretary and the gram addresses only got worse. Meth Federal funding under this Act until such abuse, as an epidemic, started in the time as the management plan is submitted management entity with respect to such ac- to and approved by the Secretary. tivities; West and the Midwest, but has more re- SEC. 7. DUTIES AND AUTHORITIES OF THE SEC- (2) cooperate with the Secretary and the cently begun to move east. Meth use RETARY. management entity in carrying out their du- and production is exploding in North (a) TECHNICAL AND FINANCIAL ASSIST- ties under this Act and, to the maximum ex- Carolina. Georgia law enforcement offi- ANCE.— tent practicable, coordinate such activities cials recently had one of the largest (1) IN GENERAL.—The Secretary may, upon with the carrying out of such duties; and, (3) to the maximum extent practicable, meth busts on record, and Missouri, the request of the management entity, pro- Iowa and Minnesota have been inun- vide technical assistance on a reimbursable conduct or support such activities in a man- or non-reimbursable basis and financial as- ner which the management entity deter- dated by severe meth problems. In 2003, sistance to the Heritage Area to develop and mines will not have an adverse effect on the methamphetamine was identified as implement the approved management plan. Heritage Area. the greatest drug threat by 90.9 percent The Secretary is authorized to enter into co- SEC. 9. AUTHORIZATION OF APPROPRIATIONS. of local law enforcement agencies in operative agreements with the management (a) IN GENERAL.—There is authorized to be the Pacific region. By comparison, only entity and other public or private entities appropriated for the purposes of this Act not 5.3 percent of agencies reporting identi- for this purpose. In assisting the Heritage more than $1,000,000 for any fiscal year. Not fied cocaine as their biggest threat, fol- Area, the Secretary shall give priority to ac- more than a total of $10,000,000 may be appro- lowed by marijuana at 2.1 percent and tions that in general assist in— priated for the Heritage Area under this Act. (A) conserving the significant natural, his- (b) MATCHING FUNDS.—Federal funding pro- heroin at less than 1 percent. torical, cultural, and scenic resources of the vided under this Act may not exceed 50 per- This epidemic of meth has permeated Heritage Area; and cent of the total cost of any assistance or the most urban and most rural commu- (B) providing educational, interpretive, grant provided or authorized under this Act. nities. Meth labs range in sophistica- and recreational opportunities consistent SEC. 10. SUNSET. tion from being run by multi-national with the purposes of the Heritage Area. The authority of the Secretary to provide organized crime rings to back alley (2) SPENDING FOR NON-FEDERALLY OWNED assistance under this Act shall terminate on cook shops, and they exist in crudely PROPERTY.—The Secretary may spend Fed- the day occurring 15 years after the date of converted farm houses and in illicit eral funds directly on non-federally owned enactment of the Act. property to further the purposes of this Act, high-financed facilities run by Mexican especially in assisting units of government By Ms. CANTWELL: drug rings. Meth victims are of all in appropriate treatment of districts, sites, S. 430. A bill to arrest methamphet- ages, and there is heart-wrenching data buildings, structures, and objects listed or amine abuse in the United States; to and anecdotes on meth addiction of eligible for listing on the National Register the Committee on the Judiciary. mothers, and the impact of adult meth of Historic Places. Ms. CANTWELL. Mr. President, addiction on their very young children. (b) APPROVAL AND DISAPPROVAL OF MAN- AGEMENT PLAN.— today I am introducing legislation to I ask unanimous consent that the (1) IN GENERAL.—The Secretary shall ap- ensure that law enforcement has the text of the bill be printed in the prove or disapprove the management plan resources it needs to address and even- RECORD.

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1650 CONGRESSIONAL RECORD — SENATE February 17, 2005 There being no objection, the bill was used for programs, projects, and other activi- ‘‘(2) identify related governmental and ordered to be printed in the RECORD, as ties to— community initiatives which complement or follows: ‘‘(A) arrest individuals violating laws re- will be coordinated with the proposal; lated to the use, manufacture, or sale of ‘‘(3) certify that there has been appropriate S. 430 methamphetamine; coordination with all affected State and Be it enacted by the Senate and House of Rep- ‘‘(B) undertake methamphetamine clandes- local government institutions and that the resentatives of the United States of America in tine lab seizures and environmental clean up; State has involved counties and other units Congress assembled, ‘‘(C) provide for community-based edu- of local government, when appropriate, in SECTION 1. SHORT TITLE. cation, awareness, and prevention; the development, expansion, modification, This Act may be cited as the ‘‘Arrest ‘‘(D) provide child support and family serv- operation or improvement of programs to ad- Methamphetamine Act of 2005’’. ices related to assist users of methamphet- dress the use, manufacture, or sale of meth- SEC. 2. FINDINGS. amine and their families; amphetamine; Congress finds the following: ‘‘(E) facilitate intervention in meth- ‘‘(4) certify that the State will share funds (1) Methamphetamine (meth) is an ex- amphetamine use; received under this part with counties and tremely dangerous and highly addictive ‘‘(F) facilitate treatment for methamphet- other units of local government, taking into drug. amine addiction; account the burden placed on these units of (2) Methamphetamine use contributes to ‘‘(G) provide Drug Court and Family Drug government when they are required to ad- the perpetration of violent crimes, particu- Court services to address methamphetamine; dress the use, manufacture, or sale of meth- larly burglary, child abuse, and crimes of ‘‘(H) provide community policing to ad- amphetamine; substantial cost and personal pain to the vic- dress the problem of methamphetamine use; ‘‘(5) assess the impact, if any, of the in- tims, including identity theft. ‘‘(I) support State and local health depart- crease in police resources on other compo- (3) Methamphetamine labs produce haz- ment and environmental agency services de- nents of the criminal justice system; ardous conditions because of their use of ployed to address methamphetamine; ‘‘(6) explain how the grant will be utilized chemicals such as anhydrous ammonia, ‘‘(J) prosecute violations of laws related to to enhance government response to the use, ether, sulfuric acid, and other toxins which the use, manufacture, or sale of meth- manufacture, and sale of methamphetamine; are volatile, corrosive and poisonous. When amphetamine; and ‘‘(7) demonstrate a specific public safety these substances are illegally disposed of in ‘‘(K) procure equipment, technology, or need; rivers, streams, and other dump areas, explo- support systems, or pay for resources, if the ‘‘(8) explain the applicant’s inability to ad- sions and serious environmental damage can applicant for such a grant demonstrates to dress the need without Federal assistance; and does result. the satisfaction of the Attorney General that ‘‘(9) specify plans for obtaining necessary support and continuing the proposed pro- (4) Since 2001, Federal funding has been expenditures for such purposes would result gram, project, or activity following the con- provided through the Department of Justice in the reduction in the use, sale, and manu- clusion of Federal support; and COPS and Byrne Grant programs to address facture of methamphetamine. ‘‘(10) certify that funds received under this methamphetamine enforcement and clean ‘‘(b) ELIGIBILITY.—To be eligible to receive part will be used to supplement, not sup- up. Since 2002, although the methamphet- a grant under this part, a State shall submit plant, other Federal, State, and local funds. amine problem has been growing and spread- to the Attorney General assurances that the ‘‘SEC. 2993. PLANNING GRANTS. ing across the United States, COPS funding State has implemented, or will implement ‘‘(a) ELIGIBLE ENTITY.—The Attorney Gen- has been cut each successive year, from prior to receipt of a grant under this section eral through the Bureau of Justice Assist- $70,500,000 in 2002, to under $52,000,000 in 2005. laws, policies, and programs that restrict the ance in the Office of Justice Programs, may (5) As methamphetamine has impacted wholesale and limit sale of products used as make grants under this section to States, In- more States each year, the dwindling Fed- precursors in the manufacture of meth- dian tribal governments, and multi-jurisdic- eral funds have been parsed into smaller amphetamine. tional or regional consortia thereof to de- amounts. Each State deserves greater Fed- ‘‘SEC. 2992. APPLICATIONS. velop a comprehensive, cooperative strategy eral support and a permanent funding mech- to address the manufacture, sale, and use of anism to confront the challenging problem ‘‘(a) IN GENERAL.—No grant may be made under this part unless an application has methamphetamine to enhance public safety. of methamphetamine abuse. ‘‘(b) AUTHORIZATION.—The Attorney Gen- been submitted to, and approved by, the At- (6) Permanent Federal funding support for eral is authorized to provide grants under meth enforcement and clean-up is critical to torney General. this section not exceeding $100,000 per eligi- the efforts of State and local law enforce- ‘‘(b) APPLICATION.—An application for a ble entity for such entity to— ment to reduce the use, manufacture, and grant under this part shall be submitted in ‘‘(1) define the problem of the use, manu- sale of methamphetamine, and thus, reduce such form, and contain such information, as facture, or sale of methamphetamine within the crime rate. the Attorney General may prescribe by regu- the jurisdiction of the entity; (7) It is necessary for the Federal Govern- lation or guidelines. ‘‘(2) describe the public and private organi- ment to establish a long-term commitment ‘‘(c) CONTENTS.—In accordance with the zation to be involved in addressing meth- to confronting methamphetamine use, sale, regulations or guidelines established by the amphetamine use, manufacture, or sale; and and manufacture by creating a permanent Attorney General, each application for a ‘‘(3) describe the manner in which these or- funding mechanism to assist States. grant under this part shall— ganizations will participate in a comprehen- SEC. 3. CONFRONTING THE USE OF METH- ‘‘(1) include a long-term statewide strategy sive, cooperative, and integrated plan to ad- AMPHETAMINE. that— dress the use, manufacture, or sale of meth- Title I of the Omnibus Crime Control and ‘‘(A) reflects consultation with appropriate amphetamine. Safe Streets Act of 1968 (42 U.S.C. 3711 et public and private agencies, tribal govern- ‘‘SEC. 2994. ENFORCEMENT GRANTS. seq.) is amended by adding at the end the fol- ments, and community groups; ‘‘Of the total amount appropriated for this lowing: ‘‘(B) represents an integrated approach to part in any fiscal year, the amount remain- ‘‘PART HH—CONFRONTING USE OF addressing the use, manufacture, and sale of ing after setting aside the amount to be re- METHAMPHETAMINE methamphetamine that includes— served to carry out section 2993 shall be allo- ‘‘SEC. 2991. AUTHORITY TO MAKE GRANTS TO AD- ‘‘(i) arrest and clandestine lab seizure; cated to States as follows: DRESS PUBLIC SAFETY AND METH- ‘‘(ii) training for law enforcement, fire and ‘‘(1) 0.25 percent or $250,000, whichever is AMPHETAMINE MANUFACTURING, other relevant emergency services, health greater, shall be allocated to each of the SALE, AND USE. care providers, and child and family service States. ‘‘(a) PURPOSE AND PROGRAM AUTHORITY.— providers; ‘‘(2) Of the total funds remaining after the ‘‘(1) PURPOSE.—It is the purpose of this ‘‘(iii) intervention; allocation under paragraph (1), there shall be part to assist States— ‘‘(iv) child and family services; allocated to each State an amount which ‘‘(A) to carry out programs to address the ‘‘(v) treatment; bears the same ratio to the amount of re- manufacture, sale, and use of methamphet- ‘‘(vi) drug court; maining funds described in this paragraph as amine drugs; and ‘‘(vii) family drug court; the population of such State bears to the ‘‘(B) to improve the ability of State and ‘‘(viii) health department support; population of all the States. local government institutions of to carry out ‘‘(ix) environmental agency support; ‘‘SEC. 2995. NATIONAL ACTIVITIES. such programs. ‘‘(x) prosecution; and ‘‘The Attorney General is authorized— ‘‘(2) GRANT AUTHORIZATION.—The Attorney ‘‘(xi) evaluation of the effectiveness of the ‘‘(1) to collect systematic data on the ef- General, through the Bureau of Justice As- program and description of the efficacy of fectiveness of the programs assisted under sistance in the Office of Justice Programs components of the program for the purpose this part in reducing the use, manufacture, may make grants to States to address the of establishing best practices that can be and sale of methamphetamine; manufacture, sale, and use of methamphet- widely replicated by other States; and ‘‘(2) to establish a national clearinghouse amine to enhance public safety. ‘‘(C) where appropriate, incorporate Indian of information on effective programs to ad- ‘‘(3) GRANT PROJECTS TO ADDRESS METH- Tribal participation to the extent that an In- dress the use, manufacture, and sale of meth- AMPHETAMINE MANUFACTURE SALE AND USE.— dian Tribe is impacted by the use, manufac- amphetamine that shall disseminate to Grants made under subsection (a) may be ture, or sale of methamphetamine; State and local agencies describing—

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 17, 2005 CONGRESSIONAL RECORD — SENATE S1651 ‘‘(A) the results of research on efforts to ator DURBIN, to introduce the Presi- rector of the National Park Service, a reduce the use, manufacture, and sale of dential Sites Improvement Act of 2005. member of the National Trust for His- methamphetamine; and As we look forward to celebrating toric Preservation, and a State historic ‘‘(B) information on effective programs, best practices and Federal resources to— President’s Day this coming Monday, I preservation officer. This committee ‘‘(i) reduce the use, manufacture, and sale can think of no better way to honor would make grant recommendations to of methamphetamine; and our former Chief Executives than by the Secretary of the Interior. Each ‘‘(ii) address the physical, social, and fam- passing this important piece of legisla- grant would require that half of the ily problems that result from the use of tion. funds come from non-Federal sources. methamphetamine through the activities of The Presidential Sites Improvement Up to $5 million would be made avail- intervention, treatment, drug courts, and Act would create a new and innovative able annually. family drug courts; partnership with public and private en- The Presidential Sites Improvement ‘‘(3) to establish a program within the De- partment of Justice to facilitate the sharing tities to preserve and maintain Presi- Act would make sure that every Amer- of knowledge in best practices among States dential sites, such as birthplaces, ican has the chance to appreciate a addressing the use, manufacture and sale of homes, memorials, and tombs. It is our real piece of history—a chance at un- methamphetamine through State-to-State duty to preserve these sites so that fu- derstanding the lives of the great men mentoring, or other means; and ture generations of Americans can gain who have led our Nation. ‘‘(4) to provide technical assistance to a better understanding of those who in- I ask unanimous consent that the State agencies and local agencies imple- fluenced the development of our great text of the legislation I have just intro- menting programs and securing resources to Nation. duced be printed in the RECORD. implement effective programs to reduce the use, manufacture, and sale of methamphet- In an era when innovative technology There being no objection, the bill was amine. has been incorporated into the cur- ordered to be printed in the RECORD, as ‘‘SEC. 2996. FUNDING. riculum in schools throughout the follows: ‘‘(a) GRANTS FOR THE PURPOSE OF CON- country, we often forget that one of S. 431 FRONTING THE USE OF METHAMPHETAMINE.— the best learning tools is that which a Be it enacted by the Senate and House of Rep- There are authorized to be appropriated to child can touch and see. Visiting the resentatives of the United States of America in carry out this part— birthplace or home of the same individ- Congress assembled, ‘‘(1) $100,000,000 for each fiscal year 2006 and uals talked about in the classroom or SECTION 1. SHORT TITLE. 2007; and read about online provides a com- This Act may be cited as the ‘‘Presidential ‘‘(2) $200,000,000 for each fiscal year 2008, Sites Improvement Act’’. 2009, and 2010. pletely different atmosphere to appre- SEC. 2. FINDINGS. ‘‘(b) NATIONAL ACTIVITIES.—For the pur- ciate history. The opportunity to visit poses of section 2995, there are authorized to Congress finds that— the actual birthplaces, homes, memo- (1) there are many sites honoring Presi- be appropriated such sums as are nec- rials, and tombs provides a real-life essary.’’. dents located throughout the United States, glimpse into the lives of our former including Presidential birthplaces, homes, SEC. 4. STATEMENT OF CONGRESS REGARDING AVAILABILITY AND ILLEGAL IMPOR- Presidents. museums, burial sites, and tombs; TATION OF PSEUDOEPHEDRINE Currently, family foundations, col- (2) most of the sites are owned, operated, FROM CANADA. leges and universities, libraries, histor- and maintained by non-Federal entities such (a) FINDINGS.—Congress finds that— ical societies, historic preservation or- as State and local agencies, family founda- (1) pseudoephedrine is a particularly ganizations, and other non-profit orga- tions, colleges and universities, libraries, abused basic precursor chemical used in the nizations own the majority of these historical societies, historic preservation or- manufacture of the dangerous narcotic ganizations, and other nonprofit organiza- methamphetamine; sites. These entities often have little tions; (2) the Federal Government, working in co- funding and are unable to meet the de- (3) Presidential sites are often expensive to operation with narcotics agents of State and mands of maintaining such important maintain; local governments and the private sector, sites because operating costs must be (4) many Presidential sites are in need of has tightened the control of pseudoephedrine met before maintenance needs. As a re- capital, technological, and interpretive dis- in the United States in recent years; sult, these sites are left to deteriorate play improvements for which funding is in- (3) in many States, pseudoephedrine can slowly. sufficient or unavailable; and only be purchased in small quantity bottles I have visited many of the Presi- (5) to promote understanding of the history or blister packs, and laws throughout var- dential historic sites throughout my of the United States by recognizing and pre- ious States are gradually becoming tougher, serving historic sites linked to Presidents of reflecting the increasing severity of Amer- home State of Ohio, a State that has the United States, the Federal Government ica’s methamphetamine problem; however, been the home of eight Presidents. I should provide grants for the maintenance the widespread presence of large containers was disturbed during one such visit to and improvement of Presidential sites. of pseudoephedrine from Canada at meth- the Ulysses S. Grant house. There, I SEC. 3. DEFINITIONS. amphetamine laboratories and dumpsites in saw the discoloration and falling plas- In this Act: the United States, despite efforts of law en- ter due to water damage. At the home (1) GRANT COMMISSION.—The term ‘‘Grant forcement agencies to stem the flow of these of President Warren Harding, the front Commission’’ means the Presidential Site containers into the United States, dem- Grant Commission established by section onstrates the strength of the demand for, porch was pulling away from the house—the very same porch where 4(d). and the inherent difficulties in stemming the (2) PRESIDENTIAL SITE.—The term ‘‘Presi- flow of, these containers from neighboring President Harding delivered his now fa- dential site’’ means a site that is— Canada; and mous campaign speeches. Fortunately, (A) related to a President of the United (4) Canada lacks a comprehensive legisla- we were able to obtain funding to pre- States; tive framework for addressing the vent these two historic treasures from (B) of national significance; pseudoephedrine trafficking problem. deteriorating further. We need to con- (C) managed, maintained, and operated for, (b) CALL FOR ACTION BY CANADA.—Congress tinue to provide Federal assistance for and is accessible to, the public; and strongly urges the President to seek com- (D) owned or operated by— mitments from the Government of Canada to maintenance projects today in order to (i) a State; or begin immediately to take effective meas- prevent larger maintenance problems (ii) a private institution, organization, or ures to stem the widespread and increasing tomorrow. person. availability in Canada and the illegal impor- These sites are far too important to (3) SECRETARY.—The term ‘‘Secretary’’ tation into the United States of let slowly decay. Our legislation would means the Secretary of the Interior, acting pseudoephedrine. authorize grants, administered by the through the Director of the National Park By Mr. DEWINE (for himself and National Park Service, for mainte- Service. Mr. DURBIN): nance and improvement projects on SEC. 4. GRANTS FOR PRESIDENTIAL SITES. S. 431. A bill to establish a program Presidential sites that are not feder- (a) IN GENERAL.—The Secretary shall to award grants to improve and main- ally owned or managed. A portion of award grants for major maintenance and im- the funds would be set aside for sites provement projects at Presidential sites to tain sites honoring Presidents of the owners or operators of Presidential sites in United States; to the Committee on that are in need of emergency assist- accordance with this section. Energy and Natural Resources. ance. To administer this new program, (b) USE OF GRANT FUNDS.— Mr. DEWINE. Mr. President, I rise this legislation would establish a five- (1) IN GENERAL.—A grant awarded under today along with my colleague, Sen- member committee, including the Di- this section may be used for—

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1652 CONGRESSIONAL RECORD — SENATE February 17, 2005 (A) repairs or capital improvements at a (2) COMPOSITION.—The Grant Commission educational strength and future growth Presidential site (including new construction shall be composed of— of our Nation. for necessary modernization) such as— (A) the Director of the National Park Serv- These institutions must have the (i) installation or repair of heating or air ice; and technology capabilities and infrastruc- conditioning systems, security systems, or (B) 4 members appointed by the Secretary electric service; or as follows: ture available to their students and (ii) modifications at a Presidential site to (i) A State historic preservation officer. faculty to successfully compete and achieve compliance with requirements under (ii) A representative of the National Trust succeed in today’s workforce. titles II and III of the Americans with Dis- for Historic Preservation. Our goal with this legislation is abilities Act of 1990 (42 U.S.C. 12131 et seq.); (iii) A representative of a site described in clear—by increasing access to tech- and subsection (b)(2)(A)(ii). nology and addressing the techno- (B) interpretive improvements to enhance (iv) A representative of a site described in logical disparities that exist at Minor- public understanding and enjoyment of a subsection (b)(2)(A)(iii). Presidential site. ity Serving Institutions we will provide (3) TERM.—A member of the Grant Com- our young people with important tools (2) ALLOCATION OF FUNDS.— mission shall serve a term of 2 years. (A) IN GENERAL.—Of the funds made avail- (4) DUTIES.—The Grant Commission shall— for success, both in the classroom and able to award grants under this Act— (A) review applications for Presidential in the workforce. (i) 15 percent shall be used for emergency site grants received under subsection (c); and This nation’s economic stability and projects, as determined by the Secretary; (B) recommend to the Secretary projects growth are increasingly dependent on a (ii) 65 percent shall be used for grants for for which Presidential site grants should be growing portion of the workforce pos- Presidential sites with— awarded. sessing technological skills. (I) a 3-year average annual operating budg- (5) INELIGIBILITY OF SITES DURING TERM OF et of less than $700,000 (not including the African Americans, Hispanics and REPRESENTATIVE.—A site described in clause Native Americans constitute one-quar- amount of any grant received under this sec- (iii) or (iv) of paragraph (2)(B) shall be ineli- tion); and gible for a grant under this Act during the 2- ter of the total U.S. workforce. Ap- (II) an endowment in an amount that is year period in which a representative of the proximately, one-third of all students less than 3 times the annual operating budg- site serves on the Grant Commission. of color in this nation are educated at et of the site; and (6) NONAPPLICABILITY OF FACA.—The Grant Minority Serving Institutions. It is es- (iii) 20 percent shall be used for grants for Commission shall not be subject to the Fed- timated that in 10 years minorities will Presidential sites with— eral Advisory Committee Act (5 U.S.C. App.). comprise nearly 40 percent of all col- (I) an annual operating budget of $700,000 (e) AUTHORIZATION OF APPROPRIATIONS.— or more (not including the amount of any lege-age Americans. There is authorized to be appropriated to Yet, members of these minorities grant received under this section); and carry out this Act $5,000,000 for each of fiscal (II) an endowment in an amount that is years 2006 through 2010, to remain available represent only 7 percent of the U.S. equal to or more than 3 times the annual op- until expended. computer and information science erating budget of the site. workforce; 6 percent of the engineering (B) UNEXPENDED FUNDS.—If any funds allo- By Mr. ALLEN (for himself, Mr. workforce; and less than 2 percent of cated for a category of projects described in TALENT, Mr. GRAHAM, Mr. the computer science faculty. subparagraph (A) are unexpended, the Sec- retary may use the funds to award grants for MCCAIN, Mr. LOTT, Mr. WARNER, At the same time, we know that 60 another category of projects described in Mr. GRASSLEY, and Mr. THUNE): percent of all jobs require information that subparagraph. S. 432. A bill to establish a digital technology skills and these jobs pay (c) APPLICATION AND AWARD PROCEDURE.— and wireless network technology pro- significantly higher salaries than jobs (1) IN GENERAL.—Not later than a date to gram, and for other purposes; to the of a non-technical nature. be determined by the Secretary, an owner or Committee on Commerce, Science, and I am proud to say Virginia is home to operator of a Presidential site may submit to Transportation. five Historically Black Colleges & Uni- the Secretary an application for a grant under this section. Mr. ALLEN. Mr. President, today, versities—Norfolk State University, (2) INVOLVEMENT OF GRANT COMMISSION.— with my colleagues, Senators TALENT, St. Paul’s College, Virginia Union Uni- (A) IN GENERAL.—The Secretary shall for- GRAHAM, MCCAIN, LOTT, WARNER, versity, Hampton University and Vir- ward each application received under para- GRASSLEY and THUNE, I rise to intro- ginia State University. graph (1) to the Grant Commission. duce the Minority Serving Institution Mr. President, we must ensure that (B) CONSIDERATION BY GRANT COMMISSION.— Digital & Wireless Technology Oppor- the students attending these minority Not later than 60 days after receiving an ap- tunity Act of 2005. institutions are competing on a level plication from the Secretary under subpara- This legislation will provide vital re- playing field when it comes to tech- graph (A), the Grant Commission shall re- sources to address the technology gap nology skills and development. turn the application to the Secretary with a recommendation of whether the proposed that exists at many Minority Serving We must tap the talent and potential project should be awarded a Presidential site Institutions, MSIs. With this legisla- of these students to ensure that Amer- grant. tion together, as a country, we move ica’s workforce is prepared to lead the (C) RECOMMENDATION OF GRANT COMMIS- one step closer to eliminating what I world. SION.—In making a decision to award a Presi- like to call the ‘‘economic opportunity The legislation allows eligible insti- dential site grant under this section, the divide’’ that exists between Minority tutions the opportunity through Secretary shall take into consideration any Serving Institutions and non-minority grants, contracts or cooperative agree- recommendation of the Grant Commission. institutions of higher education. ments to acquire equipment, instru- (3) AWARD.—Not later than 180 days after receiving an application for a Presidential This legislation will establish a new mentation, networking capability, site grant under paragraph (1), the Secretary grant program that provides up to $250 hardware and software, digital network shall— million a year to help Historically technology and wireless technology/in- (A) award a Presidential site grant to the Black Colleges and Universities, His- frastructure—such as wireless fidelity applicant; or panic Serving Institutions, and Tribal or WiFi—to develop and provide edu- (B) notify the applicant, in writing, of the Colleges upgrade their technology and cational services. decision of the Secretary not to award a communications infrastructure. Additionally, the grants can be used Presidential site grant. Since before I was elected to the Sen- for equipment upgrades, technology (4) MATCHING REQUIREMENTS.— ate, my goal has always been to look training and hardware/software acqui- (A) IN GENERAL.—The Federal share of the cost of a project at a Presidential site for for ways to improve education and em- sition. A Minority Serving Institution which a grant is awarded under this section power all of our young people—regard- also can use the funds to offer its stu- shall not exceed 50 percent. less of their race, ethnicity, religion or dents universal access to campus net- (B) NON-FEDERAL SHARE.—The non-Federal economic background—to compete and works, dramatically increase their share of the cost of a project at a Presi- succeed in life. connectivity rates, or make necessary dential site for which a grant is awarded With over 200 Hispanic Serving Insti- infrastructure improvements. under this section may be provided in cash tutions; over 100 Historically Black The best jobs in the future will go to or in kind. Colleges and Universities and 34 tribal those who are the best prepared. How- (d) PRESIDENTIAL SITE GRANT COMMIS- SION.— colleges throughout our country, it is ever, I am increasingly concerned that (1) IN GENERAL.—There is established the clear that Minority Serving Institu- when it comes to high technology Presidential Site Grant Commission. tions provide a valuable service to the jobs—which pay higher wages—this

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 17, 2005 CONGRESSIONAL RECORD — SENATE S1653 country runs the risk of economically Since September 11, 2001, air charter Mr. AKAKA. Mr. President, in the limiting many college students in our operators have participated in a rig- shadow of crude oil prices that have society. It is important for all Ameri- orous security program that makes reached nearly $50 per barrel, and with cans that we close this opportunity their operations just as safe, if not the specter of higher gasoline prices gap. safer, than those of commercial air- forecast by the Department of Energy’s Providing equal technological oppor- lines. Charter operators also have the Energy Information Administration, I tunities for all Americans will have a capability to check the names of their rise today to introduce a bill that will positive impact on our education sys- passengers against government ter- help Hawaii and potentially other insu- tem, our economic competitiveness and rorist watch lists. Given the unique lo- lar areas grapple with the difficult future generations of innovators and cation of the airport, stakeholders in choices ahead with respect to energy leaders. the general aviation industry are will- independence. I encourage all of my colleagues to ing to comply with virtually any ra- The bill directs the Secretary of En- support this legislation. This exact leg- tional government policy that would ergy to assess the short- and long-term islation passed the Senate last year 97– grant access to Reagan National for prospects of oil supply disruptions and 0. general aviation aircraft. Such pro- price volatility and their impacts on Mr. President, I want to thank my posals include using ‘‘gateway’’ air- Hawaii. It also directs the Secretary to colleagues for joining me today in co- ports in which all flights into Reagan assess the economic relationship be- sponsoring this legislation and I look National must first land for additional tween oil-fired generation of elec- forward to working with fellow Sen- screening, and added screening of pilots tricity from residual fuel and refined ators to push this important measure and passengers. There are also new products consumed for transportation across the goal-line so that many more technological advances that could be needs of Hawaii. Hawaii uses crude oil college students are provided access to required for private planes using to produce electricity, gasoline, and jet better technology and education, and Reagan National. Notwithstanding the fuel. Changing the mix of these prod- most importantly, even greater oppor- willingness of those in general aviation ucts will have significant economic im- tunities in life. to comply with reasonable security plications for Hawaii. We need to have procedures that may be implemented, a clear picture of the impacts of going By Mr. ALLEN: down these roads to a different energy S. 433. A bill to require the Secretary government agencies have remained mix. In addition, the study would ad- of Homeland Security to develop and stolidly silent on the issue. That is why I have decided to intro- dress the technical and economic feasi- implement standards for the operation duce legislation directing the Depart- bility of increasing the contribution of of non-scheduled, commercial air car- ment of Homeland Security to finalize renewable energy resources and the use rier (air charter) and general aviation and implement regulations that would operations at Ronald Reagan Wash- of liquified natural gas, LNG, for gen- again allow general aviation flights to ington National Airport; to the Com- erating electricity and other needs. In operate at Reagan National. The meas- mittee on Commerce, Science, and Hawaii, the costs of gasoline, elec- ure allows for reasonable requirements Transportation. tricity, and jet fuel are intertwined in Mr. ALLEN. Mr. President, I rise to ensure the security of operations at an intricate relationship, because they today to introduce legislation that Reagan National. The requirements in- all come from the same feedstock, and would re-open Ronald Reagan Wash- clude screening and certification of changes in the use of one could poten- ington National Airport to all aviation. flight and ground crews; advance clear- tially drive consumer prices up or Since the tragic attacks of September ance of passenger manifests; physical down. We need to know the implica- 11, 2001, general aviation flights have screening of passengers and luggage; tions of increasing the percentage of not been permitted to operate in and the physical inspection of aircraft; spe- renewable sources of energy or switch- out of Reagan National Airport. My cial flight procedures and limiting the ing to LNG, and whether these choices legislation would direct the executive airports from which flights can origi- will leave us enough residual fuel for branch to develop and implement nate. our transportation system and jets. Fi- The Government was able to find standards for the resumption of general nally, the bill calls for an analysis of conditions under which commercial aviation flights. the feasibility of production and use of The closing of Reagan National to aviation could operate out of Reagan hydrogen from renewable resources on general aviation was understandable, National following the September 11 an island-by-island basis, an energy prudent and tolerable in the weeks and terrorist attacks. I see no reason why source I have championed for a long months following the tragedy of Sep- similar conditions or requirements time. tember 11. The safety and security of could not be developed to allow for Hawaii is heavily dependent on im- the capital region is paramount and general aviation to also begin oper- ported oil. About 90 percent of the will always guide our decisions. But, ations again. State’s energy needs for residents and Congressionally mandated actions on despite Congressional action man- visitors is produced by refining and this issue have yet to result in a plan dating a detailed plan to re-open the burning crude oil. We import 28 percent or set of circumstances that would airport to general aviation following a of our oil from Alaska, but 72 percent fully re-open Reagan National. Thus, I massive strengthening of our airports comes from foreign sources including believe it is necessary to introduce leg- and air traffic control system serving Indonesia, China, Papua New Guinea, islation that would direct the Depart- the Washington area, the Federal Gov- and Vietnam. We use 26 percent of the ment of Homeland Security to do so. oil for generating electricity. Being an ernment has done little to develop a I agree that security is the most im- island State, marine transportation be- plan that would allow for the use of portant factor in this debate; however I Reagan National for private aircraft. also believe reasonable requirements tween the islands is very important. Closing Reagan National to general can be put in place to ensure the safety Air transport for residents of Hawaii, aviation has had a substantial negative of general aviation flights and help the as well as for our tourism industry, is effect on jobs and the economy of the local businesses that depend on this critical. For many high school athletic capital region. Non-scheduled air car- mode of transportation for their liveli- and academic teams to compete in in- rier operations at Reagan National hood. tramural activities, it means getting once generated an estimated $50 mil- on planes to go to another island. lion a year in direct economic activity By Mr. AKAKA (for himself and Many families live on multiple islands. from charter revenue, aircraft handling Mr. INOUYE): We use 32 percent of the oil for air and refueling services. The lack of S. 436. A bill to require the Secretary transportation, and 23 percent for charter and general aviation pas- of Energy to assess the economic im- ground and marine transportation. My sengers coming into the city, hotels, plications of the dependence of the State’s dependence on oil poses poten- restaurants and other service busi- State of Hawaii on oil as the principal tial risks to Hawaii from sudden price nesses near Reagan National have suf- source of energy for the State; to the increases or supply disruptions as were fered a significant, negative economic Committee on Energy and Natural Re- experienced several times in the last impact as well. sources. five years alone.

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1654 CONGRESSIONAL RECORD — SENATE February 17, 2005 Hawaii uses its energy very effi- S. 436 determination of whether that group is ciently. Our per capita energy use is Be it enacted by the Senate and House of Rep- entitled to recognition as a Federal In- well below the national average. In resentatives of the United States of America in dian tribe; to the Committee on Indian part, this is due to the fact that Hawaii Congress assembled, Affairs. is blessed with comfortable climate SECTION 1. HAWAII ENERGY ASSESSMENT. (a) ASSESSMENT.—The Secretary of Energy Mr. LEVIN. Mr. President, I come to and short driving distances. Nonethe- shall assess the economic implications of the the floor today to introduce a bill to less, we have been paying some of the dependence of the State of Hawaii on oil as address an inequity to one of Michi- highest prices in the Nation for our en- the principal source of energy for the State, gan’s Native American tribes. The ergy. We continue to have the highest including— Grand River Band of Ottawa Indians, gasoline prices in the country. For a (1) the short- and long-term prospects for commonly referred to as the Grand long time our electricity rates also crude oil supply disruption and price vola- River Band, has been in some form in- tility and potential impacts on the economy have been the highest in the country. digenous to the State of Michigan for Consistent high energy prices affect of Hawaii; (2) the economic relationship between oil- over 200 years. The Grand River Band the economic vitality of the State. Be- fired generation of electricity from residual consists of the 19 bands of Indians who fore we invest in a different energy mix fuel and refined petroleum products con- occupied the territory along the Grand and infrastructure, we need to make sumed for ground, marine, and air transpor- River in what is now southwest Michi- transparent all the relations between tation; gan, including the cities of Grand Rap- fuels and the consequences of the direc- (3) the technical and economic feasibility ids and Muskegon. The members of the tions we choose. of increasing the contribution of renewable Grand River Band are the descendants Our State has been proactive in seek- energy resources for generation of elec- tricity, on an island-by-island basis, includ- and political successors to signatories ing energy solutions. The State of Ha- ing— of the 1821 Treaty of Chicago and the waii has income tax credits for the in- (A) siting and facility configuration; 1836 Treaty of Washington. They are stallation of solar, photovoltaic, and (B) environmental, operational, and safety also one of six tribes who is an original wind energy. Hawaii has the largest considerations; signatory of the 1855 Treaty of Detroit. solar water heating program in the Na- (C) the availability of technology; However, the Grand River Band is the tion. Governor Linda Lingle has called (D) effects on the utility system including only one of those tribes which is not for a 20 percent renewable energy reliability; recognized by the Federal Government. standard by 2020. Last year we obtained (E) infrastructure and transport require- ments; The bill I am introducing today with about 7 percent of electricity sales (F) community support; and my colleague, Senator STABENOW, will from renewable sources, compared with (G) other factors affecting the economic direct the Bureau of Indian Affairs at a national average of about 2 percent. impact of such an increase and any effect on the Department of Interior to make a The Hawaiian Electric Company, the economic relationship described in para- recognition determination in a timely HECO, Hawaii’s largest utility, an- graph (2); manner. Let me be clear—this bill does nounced in January 2003 the formation (4) the technical and economic feasibility not federally recognize the tribe nor of a new subsidiary that will invest in of using liquefied natural gas to displace re- does it address the issue of gaming. I renewable energy projects for Hawaii. sidual fuel oil for electric generation, includ- ing neighbor island opportunities, and the ef- hope that this legislation will help to The Hawaii Energy Policy Forum, a fect of the displacement on the economic re- address this inequity to the Grand deliberative body of over 40 community lationship described in paragraph (2), includ- River Band and provide a timely rem- leaders and energy stakeholders, met ing— edy so that the tribe can enjoy the full many times over a period of a year and (A) the availability of supply; benefits and status of Federal recogni- (B) siting and facility configuration for on- developed an energy vision for Hawaii tion. through the year 2030. Its report, ‘‘Ha- shore and offshore liquefied natural gas re- waii at the Crossroads; A Long-Term ceiving terminals; (C) the factors described in subparagraphs BY Mr. ENSIGN (for himself, Energy Strategy,’’ identifies strategic (B) through (F) of paragraph (3); and Mrs. LINCOLN, Mr. HAGEL, Mrs. principles for Hawaii’s future, includ- (D) other economic factors; MURRAY, Mr. BINGAMAN, Mr. ing diversifying the sources of im- (5) the technical and economic feasibility CORZINE, Mr. JOHNSON, Ms. COL- ported energy and beginning the tran- of using renewable energy sources (including LINS, and Mr. HATCH): sition to a long-term hydrogen econ- hydrogen) for ground, marine, and air trans- omy. portation energy applications to displace the S. 438. A bill to amend title XVIII of Mr. President, energy security in- use of refined petroleum products, on an is- the Social Security Act to repeal the land-by-island basis, and the economic im- medicare outpatient rehabilitation cludes supply security, price security, pact of the displacement on the relationship and economic security. Supply security therapy caps; to the Committee on Fi- described in (2); and nance. means ensuring that energy is avail- (6) an island-by-island approach to— able despite market disruptions else- (A) the development of hydrogen from re- Mr. ENSIGN. Mr. President, I am where. Price security means that en- newable resources; and pleased to reintroduce the Medicare ergy consumers are protected against (B) the application of hydrogen to the en- Access to Rehabilitation Services Act price fluctuations and chronically high ergy needs of Hawaii to improve the Medicare program for prices. Economic security results from (b) CONTRACTING AUTHORITY.—The Sec- our senior citizens. The bill, which en- retary of Energy may carry out the assess- both of the above. Hawaii is dependent ment under subsection (a) directly or, in joyed the support of a majority of the on oil for both transportation and elec- whole or in part, through 1 or more contracts Senate in the 108th Congress, would re- tricity in ways that are without par- with qualified public or private entities. peal the beneficiary cap on rehabilita- allel in continental States. Hawaii also (c) REPORT.—Not later than 300 days after tion therapy care and ensure quality has an abundance of renewable energy the date of enactment of this Act, the Sec- healthcare for Medicare patients. retary of Energy shall prepare, in consulta- resources. It is the intent of this bill to The beneficiary cap is really two sep- assess these challenges and opportuni- tion with agencies of the State of Hawaii and other stakeholders, as appropriate, and sub- arate therapy caps: one cap for occupa- ties, and to help us develop a suitable mit to Congress, a report detailing the find- tional therapy and one for both phys- roadmap for Hawaii’s energy future. ings, conclusions, and recommendations re- ical therapy and speech-language pa- This bill will help Hawaii identify the sulting from the assessment. thology care combined. Congress has challenges and decision points along (d) AUTHORIZATION OF APPROPRIATIONS.— already shown its opposition to this ar- the way to energy security. There are authorized to be appropriated such bitrary cap by placing a moratorium I urge my colleagues to support this sums as are necessary to carry out this sec- tion. on enforcement of the cap in 1999, 2000, bill and ask unanimous consent that and 2003. The latest moratorium will the text of the bill be printed in the By Mr. LEVIN (for himself and expire on January 1, 2006. Without con- RECORD. Ms. STABENOW): gressional action, the beneficiary cap There being no objection, the bill was S. 437. A bill to expedite review of the on therapy services will be effective ordered to be printed in the RECORD, as grand River Band of Ottawa Indians of again in less than a year. It is time to follows: Michigan to secure a timely and just repeal the cap once and for all.

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 17, 2005 CONGRESSIONAL RECORD — SENATE S1655 Each year, more than 3.7 million move rapidly through soil, contami- that will ensure that Medicaid bene- Medicare beneficiaries receive out- nating the ground, aquifers, streams ficiaries in all states have access to the patient physical therapy, occupational and other bodies of water. Underground services of top-quality podiatric physi- therapy, and/or speech-language pa- storage tanks are located in urban and cians. I am pleased that Senator MI- thology services to regain their opti- rural areas. When they leak, they KULSKI from Maryland is joining me in mum level of function and independ- present substantial risks to ground- introducing this bill today. ence. The Center for Medicare and water quality, human health, environ- Having healthy feet and ankles are Medicaid Services, CMS, completed a mental quality, and economic growth. critical to keeping individuals mobile, long-awaited analysis of the therapy There are approximately 670,000 un- productive and in good long-term cap policy. The report, prepared by derground storage tanks in the United health. This is particularly true for in- AdvanceMed, estimates that for Cal- States, and there have been more than dividuals with diabetes. endar Year 2002, some 638,195 bene- 445,000 confirmed releases from these According to the Centers for Disease ficiaries receiving physical therapy, oc- tanks as of mid-2003. Over 35 States re- Control and Prevention, CDC, over 18 cupational therapy, and/or speech-lan- port that leaking underground storage million Americans have diabetes, and guage pathology services would have tanks are one of the top threats to it is the sixth leading cause of death in exceeded the cap threshold. This rep- their drinking water sources. By and this country. Each year, over 200,000 resents 23.7 percent of the outpatient large, MTBE contamination has come Americans die from this disease. therapy expenditures for that year. from leaking underground storage If not managed properly, diabetes can Failure to address the issue this year tanks. MTBE has contaminated water cause several severe health problems, in Congress will have a significant im- supplies in 43 States and in 29 States including eye disease or blindness, kid- pact on the access beneficiaries will has contaminated drinking water. Esti- ney disease and heart disease. Too have to necessary rehabilitation serv- mates indicate that it will cost at least often, diabetes can lead to foot com- plications, including foot ulcers and ices. $29 billion to clean up MTBE contami- even amputations. In fact, the CDC es- It is clear from recent reports pre- nation nationwide. pared for CMS that patients with de- Currently, the leaking underground timates that 82,000 people undergo an amputation of a leg, foot or toe each bilitating illnesses and injuries would storage tanks program and other laws year because of complications with dia- be severely impacted by enforcement of ensure that responsible parties pay to betes. the therapy caps. Based on data from clean up the damage caused by these 2002, patients suffering from conditions Proper care of the feet could prevent leaking spills. Unfortunately, the pace many of these amputations. The CDC such as stroke, Parkinson’s disease, of cleaning up leaking underground congenital heart failure, and Dysphasia says that regular exams and patient storage tanks is 20 percent below the education could prevent up to 85 per- were certain to be negatively impacted historic average. Our Nation faces an by enforcement of existing statutory cent these amputations. estimated 94,000 to 150,000 additional The bill we are introducing today limits on rehabilitation coverage. cleanups over the next 10 years—at a Action is needed to address the ther- recognizes the important role podia- cost of $12 billion to $19 billion. apy caps this year. Last Congress, this trists can play identifying and cor- The best, most commonsense solu- bill attracted 51 Senators as cospon- recting foot problems among diabetics. tion to stop leaking underground stor- sors. As a member of the Senate Budg- The bill amends Medicaid’s definition age tanks from threatening public et Committee, I realize the budgetary of ‘‘physicians’’ to include podiatric health is to prevent them from leaking constraints that are upon Congress. I physicians. This will ensure that Med- in the first place with the use of sec- understand that we need to prioritize icaid beneficiaries have access to foot ondary containment, such as double spending. I believe that a meaningful care from those most qualified to pro- walls. There is already widespread sup- solution to address the rehabilitation vide it. port for this throughout the country. needs of senior citizens and individuals Under Medicaid, podiatry is consid- Twenty-one States already require sec- with disabilities in the Medicare pro- ered an optional benefit. However, just gram should be a priority. ondary containment, either for all new because it is optional, doesn’t mean I would like to thank my colleagues, or replaced tanks—such as in Cali- that podiatric services are not needed, Senator BLANCHE LINCOLN, Senator fornia—or for all new or replaced tanks or that beneficiaries will not seek out CHUCK HAGEL, Senator PATTY MURRAY, in sensitive areas. In addition, two other providers to perform these serv- Senator JEFF BINGAMAN, Senator JON States are awaiting final passage or ap- ices. Instead, Medicaid beneficiaries CORZINE, Senator TIM JOHNSON, Sen- proval of such requirements, and one will have to receive foot care from ator SUSAN COLLINS, and Senator ORRIN State requires tertiary, such as triple other providers who may not be as well HATCH for joining me in this effort. I walls, containment. According to fig- trained as a podiatrist in treating stand ready to work with my col- ures from the Petroleum Equipment lower extremities. leagues to enact a solution to the ther- Institute, 57 percent of all tanks in- Also, it is important to note that po- apy caps that ensures access to quality stalled from 2000 through 2003 were diatrists are considered physicians restorative services provided by quali- double walled. under the Medicare program, which al- fied professionals. But this is not fast enough in the lows seniors and disabled individuals to face of the threats to our drinking and receive appropriate care. By Mrs. BOXER (for herself and groundwater. Approximately 50 percent I urge my colleagues to give careful Mr. JEFFORDS): of the population relies on groundwater consideration to this important bill. It S. 439. A bill to amend the Solid for their drinking water, including al- will help many Medicaid beneficiaries Waste Disposal Act to provide for sec- most 100 percent in rural areas. The across the country have access to po- ondary containment to prevent methyl time to prevent contamination is now. diatrists that they need. tertiary butyl ether and petroleum We must ensure the environmental Finally, I thank the Senator from contamination; to the Committee on health and safety of our water. I en- Maryland for helping me introduce this Environment and Public Works. courage my colleagues to support this legislation today. I hope that by work- Mrs. BOXER. Mr. President, today I bill. ing together we can see this important am introducing legislation to protect change made. public health and the environment by By Mr. BUNNING (for himself Ms. MIKULSKI. Mr. President, I rise preventing chemicals from leaking out and Ms. MIKULSKI): to join Senator BUNNING to introduce of underground storage tanks and S. 440. A bill to amend title XIX of this important bill to make sure that thereafter contaminating drinking the Social Security Act to include po- Medicaid patients have access to care water supplies and nearby commu- diatrists as physicians for purposes of provided by podiatrists. nities. My colleague in the House of covering physicians services under the This bill ensures that Medicaid pa- Representatives, Mr. DINGELL, is intro- medicaid program; to the Committee tients across the country can get serv- ducing companion legislation. on Finance. ices provided by podiatrists. This is a Underground storage tanks can hold Mr. BUNNING. Mr. President, I rise simple, common sense bill. This legis- extremely toxic chemicals that can today to reintroduce an important bill lation includes podiatric physicians in

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1656 CONGRESSIONAL RECORD — SENATE February 17, 2005 Medicaid’s definition of physician. This nent the classification of a motorsports provision on motorsports asset classi- means that the services of podiatrists entertainment complex; to the Com- fication will lapse in 2008, meaning will be covered by Medicaid, just like mittee on Finance. that Congress needs to act to perma- they are in Medicare. Podiatrists are Mr. SANTORUM. Mr. President, I nently extend the provision. These cap- considered physicians under Medicare. rise to introduce, along with Senator ital expenditures, such as major im- They should be under Medicaid. Med- NELSON of Florida, Senator KYL of Ari- provements to existing tracks or build- icaid covers necessary foot and ankle zona, Senator ALLEN of Virginia, Sen- ing new tracks, require several years of care services. Medicaid should allow ator BUNNING of Kentucky, Senator planning followed by construction. podiatrists who are trained specifically CHAMBLISS of Georgia, and Senator Without a permanent provision that in foot and ankle care to provide these DOLE of North Carolina, legislation provides clarity and certainty, signifi- services and be reimbursed for them. that would permanently extend the cant capital investments in motor- The services of podiatrists are con- current treatment of investments made sports facilities—and the jobs and eco- sidered optional under Medicaid. Cur- to motorsports entertainment com- nomic gains those investments bring— rently, most state Medicaid programs, plexes, ensuring that this important could be negatively impacted. including Maryland, recognize and re- economic engine for our economy con- I am hopeful that my colleagues in imburse podiatrists for providing foot tinues to roar. The Motorsports Fair- the Senate will join me in support of and ankle care to their beneficiaries. ness and Permanency Act of 2005 will permanently extending the current However, during times of tight budg- help ensure that job-creating invest- treatment of investments in motor- ets, states may choose to cut back on ments in motorsports facilities con- sports entertainment facilities. these optional services. Recently, Con- tinue to be made under the same eco- By Mr. DEWINE (for himself, Mr. necticut, and Texas discontinued nomic assumptions and tax treatment KOHL, and Mr. LEAHY): podiatric services. Even though podia- used for the last several decades—dec- S. 443. A bill to improve the inves- trist services are considered optional, ades that have witnessed the most ex- Medicaid patients need foot and ankle tigation of criminal antitrust offenses; plosive growth in motorsports’ long to the Committee on the Judiciary. care. If podiatrists do not provide the history. care, patients will see providers who Mr. DEWINE. Mr. President, I rise Motorsports is the fastest growing today, along with my colleagues Sen- may not be as well trained in the care sport in the United States, drawing of the lower extremities as podiatrists. ators KOHL and LEAHY, to introduce fans to tracks and speedways around the Antitrust Investigative Improve- I want the over 560,000 Medicaid pa- the country. In fact, there are over 900 tients in Maryland to have access to ments Act of 2005. We do so to motorsports facilities throughout the strengthen the Department of Justice’s the services provided by over 400 podia- U.S., with tracks in every State. These trists in Maryland. ability to investigate criminal anti- facilities contribute to the economy by trust conspiracies. This bill gives the Podiatrists receive special training attracting motorsports enthusiasts and on the foot, ankle, and lower leg. They Department of Justice authority to tourists, hiring permanent and tem- seek a wiretap order from a Federal play an important role in the recogni- porary employees, and making capital tion of systemic diseases like diabetes, judge, for a limited time period, to investments. Facilities of every type— monitor communications between anti- and in the recognition and treatment from local tracks that run weekly rac- of peripheral neuropathy, a frequent trust conspirators. ing series to ‘‘superspeedways’’ that Investigating and prosecuting crimi- cause of diabetic foot wounds that can host nationally-televised events—must often lead to preventable lower extrem- nal antitrust conspiracies, such as car- continually upgrade and reinvest in tels and bid-rigging, is the core mission ity amputations. Over 18 million people order to remain competitive. in this country have diabetes, but an of the Department of Justice’s Anti- Motorsports play a significant role in trust Division. Because of the harm estimated more than 5 million of these the Commonwealth of Pennsylvania, people are not aware that they have this behavior can do to the economy where racing is an integral part of and to innocent consumers, Assistant the disease. Pennsylvania’s economy with 60 racing The President’s budget challenges Attorney General for the Antitrust Di- facilities in every corner of the State. Congress to make major cuts to Med- vision, Hewitt Pate, has said that pros- In fact, Pennsylvania is tied with Cali- icaid—up to $60 billion. Covering podia- ecuting ‘‘cartels remain[s] our top en- fornia for the second-most motorsports trists may be, in fact, a cost cutting forcement priority at the Antitrust Di- facilities of any State. measure. Ensuring Medicaid patient vision.’’ As a result, in the United Our facilities and tracks span across States, we punish such illegal behavior access to podiatrists will save Medicaid the Commonwealth and include the na- funds in the long term. According to harshly. Corporations can be fined up tionally known Pocono Raceway in the American Podiatric Medical Asso- to $100 million and individuals can be Long Pond, Lake Erie Speedway, and ciation, 75 percent of Americans will fined up to $1 million and be incarcer- Maple Grove Raceway, located just experience some type of foot health ated for 10 years. But, despite the high outside of Reading. These and other problem during their lives. Foot dis- priority the Antitrust Division places raceways in Pennsylvania hold ease is the most common complication on these cases and the tough penalties NASCAR, National Hot Rod Associa- of diabetes leading to hospitalization. under the law, up to now, we have not tion, Import Drag Racing Circuit, and About 82,000 people have diabetes-re- given the Department of Justice all the other racing events, drawing hundreds lated leg, foot, or toe amputations each tools it needs to investigate and pros- of thousands of fans each year contrib- year. Foot care programs with regular ecute criminal antitrust conspiracies. examinations and patient education uting vital economic support to their In criminal antitrust investigations, could prevent up to 85 percent of these local communities. to prosecute a case, it is critical that It is clear that motorsports racing amputations. Podiatrists are impor- prosecutors gain access to evidence on plays an important role in Pennsyl- tant providers of this care. the inner workings of the conspiracy. This bill will make sure that Med- vania, just as it does across this coun- To meet their heavy burden of proof, icaid patients across the country have try. When making these capital invest- prosecutors must marshal strong evi- access to care provided by podiatrists. ments, owners of motorsports facilities dence showing, for example, the terms It has the support of the American have long relied on and in good faith of the illegal agreement, the partici- Podiatric Medical Association. I urge applied a 7-year depreciation life for pants in the illegal agreement, and pre- my colleagues to cosponsor this impor- these assets, but a few years ago the cisely when the illegal agreement was tant legislation. IRS began to raise some questions reached. This type of evidence is ex- about the use of the 7-year classifica- tremely difficult to gain without pene- By Mr. SANTORUM (for himself, tion. Last year, in H.R. 4520, the Amer- trating the inner workings of the con- Mr. NELSON of Florida, Mr. ican Jobs Creation Act of 2004, Con- spiracy. KYL, Mr. ALLEN, Mr. BUNNING, gress clarified that the appropriate de- The Department has principally two Mrs. DOLE, and Mr. CHAMBLISS): preciation period for motorsports as- techniques for investigating criminal S. 441. A bill to amend the Internal sets was indeed 7 years. Due to revenue antitrust enterprises. First, it may en- Revenue Code of 1986 to make perma- constraints in that particular bill, the list the cooperation of a witness. The

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 17, 2005 CONGRESSIONAL RECORD — SENATE S1657 cooperating witness may be, for exam- Mr. LEAHY. Mr. President, Amer- Buy American Act. Today I am intro- ple, a customer being harmed by the ica’s antitrust laws play a vital role in ducing legislation that would help conspiracy or a co-conspirator to the protecting consumers and ensuring a workers who have lost their manufac- antitrust crime. Under this approach, a competitive marketplace for business. turing or service sector jobs to be re- cooperating witness may testify about The vigorous enforcement of these laws trained for jobs in high-demand health the details of the conspiracy or may also helps promote and maintain the care fields. record conversations with the conspira- efficiency of our markets by promoting According to the Wisconsin Depart- tors, either through videotape or competition, innovation, and techno- ment of Workforce Development, Wis- audiotape. One important restriction is logical development. Today, I am consin has lost nearly 80,000 manufac- that the cooperating witness must be pleased to join Senator KOHL and Sen- turing jobs since 2000. Nationally, the present at the conversation when re- ator DEWINE in introducing the Anti- country has lost more than 2.5 million cording. But, if the Department cannot trust Criminal Investigative Improve- manufacturing jobs since January 2001. secure a cooperating witness, which is ments Act of 2005, legislation that will In addition to the loss of manufac- often the case, this technique is not provide the Department of Justice with turing jobs, I am deeply troubled by available. long overdue authority in investigating the Bush administration’s contention Second, the Antitrust Division also and prosecuting criminal antitrust vio- that the outsourcing of American serv- has a corporate leniency program, lations. ice sector and other jobs is good for the which has been very successful in in- Congress acted in 1890 with passage economy. I am concerned about the vestigating and prosecuting criminal of the Sherman Antitrust Act to pro- message that this policy sends to Wis- antitrust conspiracies. In exchange for hibit abusive monopolization and anti- consinites and all Americans who are fully cooperating with an antitrust in- competitive practices. Since that time, currently employed in these sectors. vestigation, an otherwise guilty cor- the Department of Justice’s enforce- There is something of a silver lining poration may receive lenient treat- ment efforts have benefited consumers to the looming cloud of manufacturing ment. But, this method, too, depends in terms of lower prices, greater vari- and other jobs loss: the country’s work- on the cooperation of one who was on ety, and higher quality of products and force development system. the inside of the criminal conspiracy. services. Despite the value and impact In spite of stretched resources and Our bill adds a third technique by of criminal antitrust cases, however, long waiting lists for services, our amending Title III of the Omnibus criminal antitrust investigations do workforce development boards are Crime Control and Safe Streets Act (18 not currently qualify for judicially ap- making a tremendous effort to retrain U.S.C. Section 2510 et seq.) to make a proved wiretaps. While the Justice De- laid-off workers and other job seekers criminal violation of the Sherman Act partment may engage in court-author- for new jobs. And this effort is clearly a ‘‘predicate offense’’ for an order au- ized searches of business records, it evident in Wisconsin, where my State’s thorizing the interception of wire or may only monitor phone calls of in- 11 workforce development boards are oral communications, hereinafter formants or the conversations of con- leading the way in finding innovative ‘‘wiretap order’’. Amending this law to senting parties. solutions to retraining workers for new make criminal antitrust offenses a The Antitrust Criminal Investigative careers on shoestring budgets. predicate offense would give the De- Improvements Act of 2005 will add I strongly support the work of these partment of Justice a much needed criminal price fixing and bid rigging to agencies and have urged the adminis- tool to investigate the inner workings the many crimes that are already tration and Senate appropriators to of criminal antitrust conspiracies. Un- ‘‘predicate offenses’’ for wiretap pur- provide adequate funding for the job like using a cooperating witness or the poses. More than 150 ‘‘predicate of- training programs authorized by the corporate leniency program, a wiretap fenses’’ are currently included in Title Workforce Investment Act. I regret order does not require the cooperation III of the Omnibus Crime Control and that the administration’s budget re- of someone who has inside knowledge Safe Streets Act, including crimes of quest for fiscal year 2006 does not pro- of the conspiracy or who is actually lesser impact and significance than vide adequate funding for WIA, and I participating in the conspiracy. Upon a criminal antitrust violations. In light will continue to work to ensure that showing of probable cause to a Federal of the seriousness of economic harms the workforce development boards in judge, the Department of Justice could caused by violations of the Sherman my State and across our country re- obtain a wiretap order, for a limited Antitrust Act, the inability of the Jus- ceive the resources they need to help time period, to monitor communica- tice Department to obtain wiretaps job seekers get the training they need tions between conspirators. when investigating criminal antitrust to be successful. There are over 150 predicate offenses violations makes little sense. More- I am committed to finding resources from title 18 and dozens of other predi- over, the evidence that can be acquired to retrain those who have been laid off cate offenses from other parts of the through wiretaps is precisely the type from the manufacturing and service U.S. Criminal Code. Offenses, such as of evidence that is essential for the sectors and who wish to find new jobs wire fraud, mail fraud, and bank fraud successful prosecution and prevention in high-demand fields such as health are predicate offenses, but up to now, of serious antitrust violations. This care. criminal antitrust offenses have not bill equips the Department of Justice As most of my colleagues know all been on the list. I think this is a mis- investigators and prosecutors to en- too well, we are facing a significant take. Criminal antitrust offenses are force zealously the criminal antitrust shortage of health care workers. Con- basically white-collar, fraud offenses, laws of the United States. gress has made some progress in ad- and often do much more harm to inno- dressing the nursing shortage, but we cent consumers than other types of By Mr. FEINGOLD: need to expand our efforts. Shortages fraud offenses. It is time for antitrust S. 444. A bill to establish a dem- of health professionals pose a real to be added as a predicate offense, onstration project to train unemployed threat to the health of our commu- given the gravity of the crime. workers for employment as health care nities by impacting access to timely, This idea is not new. Past Assistant professionals, and for other purposes; high-quality health care. Studies have Attorney Generals of the Antitrust Di- to the Committee on Health, Edu- shown that shortages of nurses in our vision have supported the idea for such cation, Labor, and Pensions. hospitals and health facilities increase legislation. And, in 1999, our neighbor Mr. FEINGOLD. Mr. President, today medical errors, which directly affects to the north, Canada, passed similar I am introducing the third in a series patient health. legislation. It is an idea whose time of bills intended to support American As our population ages, and the baby has come. companies and American workers. Ear- boomers need more health care, our I urge my colleagues to support this lier this week, I introduced S. Con. need for all types of health profes- important reform to strengthen the en- Res. 12, which would set some min- sionals is only going to increase. This forcement of our antitrust laws. I ask imum standards for future trade agree- is particularly true for the field of unanimous consent to print the bill in ments into which our country enters, long-term care. According to the Bu- the RECORD. and S. 395, which would strengthen the reau of Labor Statistics, we are going

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1658 CONGRESSIONAL RECORD — SENATE February 17, 2005 to need an additional 1.2 million nurs- know best about the resources they Some of our colleagues are respond- ing aides, home health aides, and other need to run an efficient program. ing to the news of the $1.2 trillion price health professionals in long-term care This bill represents a nexus in my ef- tag with plans to reduce the benefit. before the year 2010. forts to support workers whose jobs But the benefit as currently structured As our demand for health care work- have been shipped overseas and to en- is far from comprehensive. Seniors are ers grows, so does the number of jobs sure that all Americans have access to responsible for $420 in premiums, and a available within this sector. Currently, the high-quality health care that they $250 deductible before they get one pen- health services is the largest industry deserve. By providing targeted assist- ny’s worth of help towards the cost of in the country, providing 12.9 million ance to train laid-off workers who wish their prescription drugs. Once the ben- jobs in 2002. It is estimated that 16 per- to obtain new jobs in the health care efit kicks in, they will face a hefty co- cent of all new jobs created between sector, we can both help unemployed payment, and many will fall into the 2002 and 2012 will be in health services. Americans and improve the avail- infamous ‘‘hole’’ in the benefit and—at This accounts for 3.5 million new jobs— ability and quality of health care that the same time they continue to pay more than any other industry. is available in our communities. premiums—not get any assistance at According to the Wisconsin Depart- I am pleased that this bill is sup- all. ment of Workforce Development, the ported by a variety of organizations Even with a $1.2 trillion pricetag, our surging job growth within health care that are committed to providing high- seniors will have to shoulder two- will translate into a real need for quality job training and health care thirds of the cost of their prescription workers) and real opportunity. In Wis- services, inc1uding the National Asso- drugs. Neither the seniors and disabled, consin alone, there will be an addi- ciation of Workforce Boards, the Wis- nor the taxpayers, should be paying so tional 67,430 health care positions by consin Association of Job Training Ex- much for so little. 2012. This represents a 30 percent in- ecutives, the Wisconsin Hospital Asso- Last week’s news of the cost of the crease in jobs in health care, over twice ciation, the Northwest Wisconsin Con- benefit makes it clear that we must the rate of growth for Wisconsin jobs centrated Employment Program, the give Medicare the ability to use the overall. Northwest Wisconsin Workforce Invest- market power of 41 million people to Mr. President, workforce develop- ment Board, the Southwestern Wis- secure the lowest prices possible for ment agencies in my home State of consin Workforce Development Board, seniors, the disabled, and the American Wisconsin are already working to sup- the West Central Wisconsin Workforce taxpayer. port displaced workers in their commu- Development Board, and the Workforce Our response to the new cost esti- nities by training them for health care Development Board of South Central mate shouldn’t be to reduce the al- jobs, since there is a real need for Wisconsin. ready meager benefit but to use our workers in these fields. These agencies Mr. President, in order to ensure that dollars more efficiently. The change are helping communities get and main- our workers are able to compete in the that my colleagues and I are seeking tain access to high-quality health care new economy, we must ensure that would allow us to improve the drug by ensuring that there are enough they have the tools they need to be benefit—by lowering the cost of the health care workers to care for their trained or retrained for high-demand drugs, we could fill in the gaps in cov- communities. jobs such as those in the health care erage and provide a more meaningful As the executive director of one of field. My bill is a small step toward benefit. the workforce development boards in providing the resources necessary to Former HHS Secretary Thompson my State put it, ‘‘[t]here are simply achieve this goal. I will continue to said at his December 3rd resignation not many good quality jobs to replace work to strengthen the American man- press conference that he would have manufacturing jobs lost to rural com- ufacturing sector and to support those liked to have had the opportunity to munities. The medical professions, by workers who have been displaced due negotiate lower drug prices. offering a ‘living wage’ and good bene- to bad trade agreements and other poli- I expect Secretary Thompson knows fits, provide an excellent alternative to cies that have led to the loss of Amer- what every smart buyer knows: the manufacturing for sustaining a higher, ican jobs. more you are buying of anything, the family oriented standard of living.’’ better deal you get. We all know that I believe we need to support our com- By Ms. STABENOW (for herself, Sam’s Club gets the best prices on munities in these efforts by providing Mr. CARPER, Mr. KENNEDY, Mr. breakfast cereal, batteries, and paper them with the resources they need to SCHUMER, Mr. BINGAMAN, and towels because they represent a huge establish, sustain, or expand these im- Mr. JOHNSON): market. portant programs. For that reason, S. 445. A resolution to amend part D And now that Secretary Leavitt is today I am introducing the Commu- of title XVIII of the Social Security tasked with running the program, we nity-Based Health Care Retraining Act. Act, as added by the Medicare Prescrip- should give him as many tools as pos- This bill would amend the Workforce tion Drug, Improvement, and Mod- sible to run this program at the lowest Investment Act to authorize a dem- ernization Act of 2003, to provide for possible cost. onstration project to provide grants to negotiation of fair prices for Medicare Today the only entity in this country community-based coalitions, led by prescription drugs; to the Committee that cannot bargain for lower group local workforce development boards, to on Finance. prices is Medicare. The States, Fortune create programs to retrain unemployed Ms. STABENOW. Mr. President, 500 companies, large pharmacy chains, workers who wish to obtain new jobs in today I am introducing the Medicare and the Veterans’ Administration use the health care professions. My bill Prescription Drug Price Reduction Act their bargaining clout to obtain lower would authorize a total of $25 million of 2005, and am pleased to be joined by drug prices for the patients they rep- for grants between $100,000 and $500,000, my colleagues, Senators CARPER, KEN- resent. and, in the interest of fiscal responsi- NEDY, SCHUMER, BINGAMAN, and JOHN- Medicare should have that same abil- bility, it ensures that the cost of these SON. ity. It doesn’t make any sense to pro- grants would be offset. This legislation is very simple and hibit the Secretary from using the This bill will help provide commu- very straightforward: it would allow clout of our 41 million seniors to help nities with the resources they need to the Secretary of Health and Human get them the best possible prices on run retraining programs for the health Services to negotiate directly with prescription drugs. professions. The funds could be used for pharmaceutical manufacturers on be- I urge my colleagues to join me in a variety of purposes—from increasing half of our seniors and the disabled to passing this commonsense approach to the capacity of our schools and train- get the lowest possible prices. providing real savings for our seniors ing facilities, to providing financial Last week we learned that the Medi- and the disabled, and ensuring the and social support for workers who are care prescription drug benefit will cost most efficient use of taxpayer dollars. in retraining programs. This bill allows more than 1 trillion dollars—$1.2 tril- I ask unanimous consent that the for flexibility in the use of grant funds lion to be exact—just for the years 2006 text of the bill be printed in the because I believe that communities through 2015. RECORD.

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 17, 2005 CONGRESSIONAL RECORD — SENATE S1659 There being no objection, the bill was doing all we can to show our commit- The Chihuahuan Desert Nature Park ordered to be printed in the RECORD, as ment to our first responders. This des- is a nonprofit institution that has follows: ignation would do just that for New spent the past 6 years providing hands- S. 445 Jersey Task Force One. More impor- on science education to K–12th graders. Be it enacted by the Senate and House of Rep- tantly, by making NJTFO a part of the To achieve this mission, the Nature resentatives of the United States of America in National Urban Search and Rescue Park provides classroom presentation, Congress assembled, Team they would be eligible for Fed- field trips, schoolyard ecology projects, SECTION 1. SHORT TITLE. eral funding that is vital to helping and teacher work shops. The Nature This Act may be cited as the ‘‘Medicare them fulfill their mission. The honor of Park serves more than 11,000 students Prescription Drug Price Reduction Act of joining the other 28 members of the Na- and 600 teachers annually. This in- 2005’’. tional Urban Search and Rescue Re- struction will enable our future leaders SEC. 2. NEGOTIATING FAIR PRICES FOR MEDI- sponse System is a recognition that to make informed decisions about how CARE PRESCRIPTION DRUGS. the NJTFO is more than deserving of. Section 1860D–11 of the Social Security Act best to manage these valuable re- (42 U.S.C. 1395w–111) is amended by striking I urge the Senate to enact this legis- sources. I commend those at the Na- subsection (i) (relating to noninterference) lation and ask for a copy of this bill to ture Park for taking the initiative to and by inserting the following: be printed in the RECORD. create and administer a wonderfully There being no objection, the bill was ‘‘(i) AUTHORITY TO NEGOTIATE PRICES WITH successful program that has been so ordered to be printed in the RECORD, as MANUFACTURERS.—In order to ensure that beneficial to the surrounding commu- each part D eligible individual who is en- follows: nity. rolled under a prescription drug plan or an S. 446 The Chihuahuan Desert Nature Park MA–PD plan pays the lowest possible price Be it enacted by the Senate and House of Rep- for covered part D drugs, the Secretary shall resentatives of the United States of America in was granted a 1,000 acre easement in have authority similar to that of other Fed- Congress assembled, 1998 at the southern boundary of eral entities that purchase prescription SECTION 1. ADDITION OF TASK FORCE TO NA- USDA–Agriculture Research Service, drugs in bulk to negotiate contracts with TIONAL URBAN SEARCH AND RES- USDA–ARS, property just north of Las manufacturers of covered part D drugs, con- CUE RESPONSE SYSTEM. Cruces, NM. This easement will expire sistent with the requirements of this part (a) FINDINGS.—Congress finds that— soon. It is important that we provide and in furtherance of the goals of providing (1) the terrorist attacks of September 11, quality care and containing costs under this 2001, demonstrated the importance of en- them a permanent location so that part.’’. hancing national domestic terrorism pre- they are able to continue their valu- paredness; able mission. By Mr. CORZINE (for himself and (2) 26 of the 28 urban search and rescue The bill I introduce today would Mr. LAUTENBERG): task forces included in the National Urban transfer an insignificant amount of S. 446. A bill to direct the Director of Search and Rescue Response System of the land: 1,000 of 193,000 USDA acres to the the Federal Emergency Management Federal Emergency Management Agency Desert Nature Park so that they may were called into action in the wake of the Agency to designate New Jersey Task continue their important work. The Force 1 as part of the National Urban events of September 11; (3) highly qualified, urban search and res- USDA–ARS has approved the land Search and Rescue Response System; cue teams not included in the National transfer, noting the critically impor- to the Committee on Environment and Urban Search and Rescue Response System tant mission of the Desert Park. I have Public Works. were the first teams in New York City on no doubt that Senators on both sides of Mr. CORZINE. Mr. President, I rise September 11; the aisle will recognize the importance today to offer legislation that would (4) the continuing threat of a possible do- of this land transfer. designate New Jersey’s elite urban mestic terrorist attack remains an impor- Mr. President, I ask unanimous con- search and rescue team, New Jersey tant mission for which the United States sent that the bill be printed in the Task Force One, as part of the Na- must prepare to respond; and RECORD. tional Urban Search and Rescue Re- (5) part of that response should be to in- crease the number of urban search and res- There being no objection, the bill was sponse System. cue task forces included in the National I am proud to be joined by my col- ordered to be printed in the RECORD, as Urban Search and Rescue Response System. follows: league from New Jersey, Senator (b) ADDITION OF NEW JERSEY TASK FORCE FRANK LAUTENBERG, in introducing 1.—The Director of the Federal Emergency S. 447 this legislation today. And I am also Management Agency shall designate New Be it enacted by the Senate and House of Rep- pleased that my colleague, Congress- Jersey Task Force 1 as part of the National resentatives of the United States of America in Urban Search and Rescue Response System. man RODNEY FRELINGHUYSEN, has in- Congress assembled, troduced similar legislation in the By Mr. DOMENICI: SECTION 1. SHORT TITLE. House of Representatives. S. 447. A bill to authorize the convey- This Act may be cited as the ‘‘Jornada Ex- New Jersey Task Force One is a team ance of certain Federal land in the perimental Range Transfer Act of 2005’’. comprised of career and volunteer fire, State of New Mexico; to the Committee SEC. 2. DEFINITIONS. police, and EMS personnel from all 21 on Agriculture, Nutrition, and For- In this Act: counties in New Jersey. The primary estry. (1) BOARD.—The term ‘‘Board’’ means the mission of the NJTFO is to provide ad- Mr. DOMENICI. Mr. President, today Chihuahuan Desert Nature Park Board. vanced technical search and rescue ca- I rise to introduce an uncontroversial (2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Agriculture. pabilities to victims who are trapped or piece of legislation that I hope will re- entombed in collapsed buildings. The ceive prompt committee action and SEC. 3. CONVEYANCE OF LAND TO CHIHUAHUAN DESERT NATURE PARK BOARD. NJTFO is a world-class operation will make its way quickly to the Presi- whose response system mirrors the (a) CONVEYANCE.—The Secretary may con- dent’s desk for his signature. vey to the Board, by quitclaim deed, for no Federal Emergency Management Agen- I would first like to familiarize the consideration, all right, title, and interest of cies guidelines on urban search and res- Senate with the important mission and the United States in and to the land de- cue and the appropriate National Fire related work of the Chihuahuan Desert scribed in subsection (b). Protection Association Standards. Nature Park in Las Cruces, NM. The (b) DESCRIPTION OF LAND.—The parcel of The training, commitment, and ex- Chihuahuan Desert is the largest land referred to in subsection (a) consists of pertise of the NJTFO has saved lives. desert in North America and contains a not more than 1000 acres of land selected by In fact, New Jersey Task Force One great diversity of unique plant and ani- the Secretary— was one of the first units to arrive on mal species. The ecosystem makes up (1) that is located in the Jornada Experi- the scene at the World Trade Center on an indispensable part of Southwest’s mental Range in the State of New Mexico; September 11, and they bravely con- treasured ecological diversity. As such, and (2) that is subject to an easement granted ducted search, rescue, medical, and it is important that we teach our by the Agricultural Research Service to the planning and logistics operations on young ones an appreciation for New Board. site. Mexico’s biological diversity and im- (c) CONDITIONS.—The conveyance of land In this era of terrorism and height- part upon them the value of this eco- under subsection (a) shall be subject to— ened homeland security we should be logical treasure. (1) the condition that the Board pay—

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1660 CONGRESSIONAL RECORD — SENATE February 17, 2005 (A) the cost of any surveys of the land; and Klawock, AK, and the couple had three When she finished, there was a wild (B) any other costs relating to the convey- children. Roy and Elizabeth moved to burst of applause from the gallery and ance; Juneau. They were excited about buy- the Senate floor alike. The territorial (2) any rights-of-way to the land reserved ing a new home. But they could not Senate passed the bill by a vote of 11 to by the Secretary; (3) a covenant or restriction in the deed to buy the house that they wanted be- 5. On February 16, 1945, Alaska had an the land described in subsection (b) requiring cause they were Native. They could not antidiscrimination law that provided that— enter the stores or restaurants they that all citizens of the territory of (A) the land may be used only for edu- wanted. Outside some of these stores Alaska are entitled to full and equal cational purposes; and restaurants there were signs that enjoyment of public accommodations. (B) if the land is no longer used for the pur- read ‘‘No Natives Allowed.’’ History Following passage of the anti-discrimi- poses described in subparagraph (A), the land has also recorded a sign that read ‘‘No nation law, Roy and Elizabeth could be shall, at the discretion of the Secretary, re- Dogs or Indians Allowed.’’ seen dancing at the Baranof Hotel, one vert to the United States; and On December 30, 1941, following the of Juneau’s finest. They danced among (C) if the land is determined by the Sec- invasion of Pearl Harbor, Elizabeth and retary to be environmentally contaminated people they didn’t know. They danced under subsection (d)(2)(A), the Board shall Roy wrote to Alaska’s Territorial Gov- in a place where the day before they remediate the contamination; and ernor: were not welcome. (4) any other terms and conditions that the In the present emergency our Native boys There is an important lesson to be Secretary determines to be appropriate. are being called upon to defend our beloved learned from the battles of Elizabeth (d) REVERSION.—If the land conveyed under country. There are no distinctions being and Roy Peratrovich. Even in defeat, made there. Yet when we patronized good subsection (a) is no longer used for the pur- they knew that change would come poses described in subsection (c)(3)(A)— business establishments we are told in most (1) the land shall, at the discretion of the cases that Natives are not allowed. from their participation in our polit- Secretary, revert to the United States; and The proprietor of one business, an inn, does ical system. They were not discouraged (2) if the Secretary chooses to have the not seem to realize that our Native boys are by their defeat in 1943. They came back land revert to the United States, the Sec- just as willing to lay down their lives to pro- fighting and enjoyed the fruits of their retary shall— tect the freedom he enjoys. Instead he shows victory 2 years later. (A) determine whether the land is environ- his appreciation by having a ‘No Natives Al- Twenty-four years before Alaska’s lowed’ sign on his door. mentally contaminated, including contami- statehood and 18 years before Dr. Mar- nation from hazardous wastes, hazardous In that letter Elizabeth and Roy tin Luther King, Jr. spoke of his dream substances, pollutants, contaminants, petro- noted: for racial equity under the law, Alaska leum, or petroleum by-products; and We were shocked when the Jews were dis- (B) if the Secretary determines that the had a law protecting civil rights. Eliza- criminated against in Germany. Stories were beth would not live to see the United land is environmentally contaminated, the told of public places having signs, ‘‘No Jews Board or any other person responsible for the Allowed.’’ All freedom loving people were States adopt the same law she brought contamination shall remediate the contami- horrified at what was being practiced in Ger- to Alaska in 1945. She passed away in nation. many, yet it is being practiced in our own 1958 at the age of 47, 6 years before civil country. rights legislation would pass nation- By Ms. MURKOWSKI (for herself, In 1943, the Alaska Legislature, at ally. Mr. STEVENS, Ms. CANTWELL, the behest of Roy and Elizabeth consid- In addition to the annual observance and Mrs. MURRAY): ered an antidiscrimination law. It was of Elizabeth Peratrovich Day, the S. 448. A bill to authorize the Presi- defeated. But Roy and Elizabeth were State of Alaska has acknowledged Eliz- dent to posthumously award a gold not defeated. Two years later, in 1945, abeth Peratrovich’s contribution to medal on behalf of Congress to Eliza- the antidiscrimination measure was history by designating one of the pub- beth Wanamaker Peratrovich and Roy back before the Alaska Terrritorial lic galleries in the Alaska House of Peratrovich in recognition of their out- Legislature. It passed the lower house, Representatives as the Elizabeth standing and enduring contributions to but met with stiff opposition in the Peratrovich Gallery. the civil rights and dignity of the Na- Territorial Senate. But what about Roy? Why has his tive peoples of Alaska and the Nation; One by one Senators took to the floor role not been recognized? Roy to the Committee on Banking, Hous- to debate the closely contested legisla- Peratrovich passed away in 1989 at age ing, and Urban Affairs. tion. One Senator argued that ‘‘the 81. He died 9 days before the first Eliza- Ms. MURKOWSKI. Mr. President, races should be kept further apart.’’ beth Peratrovich Day was observed in this week the people of my State of This Senator went on to rhetorically the State of Alaska. Perhaps it was be- Alaska pause to recognize two giant question, ‘‘Who are these people, barely cause Roy was still alive at the time figures in the fight for equal rights and out of savagery, who want to associate this honor was bestowed, it is Eliza- justice under the law, the late Eliza- with us whites with 5,000 years of re- beth who has gotten all the credit for beth and Roy Peratrovich. On Feb- corded civilization behind us?’’ passage of the antidiscrimination ruary 16, 2005, the State of Alaska once Elizabeth Peratrovich was observing Members of the Peratrovich family again observed Elizabeth Peratrovich the debate from the gallery. As a cit- tell me that this is not entirely un- Day. Activities to celebrate the legacy izen, she asked to be heard and in ac- justified because without Elizabeth’s of Elizabeth and Roy Peratrovich are cordance with the custom of the day stirring speech the antidiscrimination taking place in schools and cultural was recognized to express her views. law would not have passed. But they centers throughout Alaska this week. In a quiet, dignified and steady voice also point out, as does the historical This coming Saturday, the Alaska Na- this ‘‘fighter with velvet gloves’’ re- record, that Elizabeth and Roy were a tive Heritage Center in Anchorage will sponded, ‘‘I would not have expected focused and effective team. History conduct a day-long celebration of the that I, who am barely out of savagery, should recognize that the antidiscrimi- Peratrovich legacy. would have to remind gentlemen with nation law was enacted due to the joint Roy and Elizabeth are to the Native 5,000 years of recorded history behind efforts of Roy and Elizabeth peoples of Alaska what Dr. Martin Lu- them of our Bill of Rights.’’ Peratrovich. I rise today to do my part ther King, Jr., and Rosa Parks are to She was asked by a Senator if she toward that end. African Americans. Everybody knows thought the proposed bill would elimi- Joined by my colleagues, the distin- about Dr. Martin Luther King, Jr. and nate discrimination, Elizabeth guished senior Senator from Alaska, Rosa Parks, but hardly anyone outside Peratrovich queried in rebuttal, ‘‘Do Mr. STEVENS, and my distinguished col- the State of Alaska knows about Roy your laws against larceny and even league from the State of Washington, and Elizabeth Peratrovich. Today, I murder prevent these crimes? No law Ms. CANTWELL, I am pleased to once rise to once again share the will eliminate crimes but at least you again offer legislation to recognize the Peratrovich legacy with the Senate. as legislators can assert to the world contributions of Roy and Elizabeth Elizabeth was born in 1911, about 17 that you recognize the evil of the Peratrovich with a Congressional Gold years before Dr. King. She was born in present situation and speak your in- Medal. I invite all of my colleagues to Petersburg, AK. After college she mar- tent to help us overcome discrimina- join with me in cosponsoring this im- ried Roy Peratrovich, a Tlingit from tion.’’ portant legislation. Congressional Gold

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 17, 2005 CONGRESSIONAL RECORD — SENATE S1661 Medals have been awarded to a number America’s first antidiscrimination laws was This provision could have resulted in of African Americans who have made enacted in the Territory of Alaska, thanks massive sales of stock by Native share- contributions to the cause of civil to the efforts of Elizabeth and Roy holders in the ensuing years and caused rights, among them, Rosa Parks, Roy Peratrovich. the wholesale transfer of Native assets (12) Since 1989, the State of Alaska has ob- Wilkins, Dorothy Height, the nine served Elizabeth Peratrovich Day on Feb- to non-Native interests. Thanks to the brave individuals who desegregated the ruary 16 of each year, and a visitor’s gallery leadership of the Senator from Alaska, schools of Little Rock, Arkansas, and of the Alaska House of Representatives in Mr. STEVENS, this catastrophe was others involved in the effort to deseg- the Alaska State Capitol has been named for averted through a series of amend- regate public education. Elizabeth Peratrovich. ments to the Act, signed into law in With the opening of the very popular SEC. 2. CONGRESSIONAL GOLD MEDAL. 1987, which forbade the sale of cor- National Museum of the American In- (a) PRESENTATION AUTHORIZED. —The porate stock without the consent of dian last year our Nation is focusing on President is authorized, on behalf of the Con- the corporation’s shareholders. the many contributions of our first gress, to posthumously award a gold medal This landmark legislation brought an of appropriate design to Elizabeth Wana- end to the speculation about whether people and the challenges they have maker Peratrovich and Roy Peratrovich, in faced throughout our Nation’s history. recognition of their outstanding and endur- the Native corporations would survive It is time that we also acknowledge the ing contributions to the civil rights and dig- long enough to fulfill the goal that work of American Indians, Alaska Na- nity of the Native peoples of Alaska and the Congress set for them, which was to be tives and Native Hawaiians in the Nation. the springboard for the economic, so- struggle for civil rights and social jus- (b) DESIGN AND STRIKING.—For the purpose cial and political empowerment of tice. Honoring Elizabeth and Roy of the presentation referred to in subsection Alaska’s Native people, or alter- Peratrovich’s substantial contribution (a), the Secretary of the Treasury (in this natively execute the temporary trans- Act referred to as the ‘‘Secretary’’) shall with a Congressional Gold Medal is a strike a gold medal with suitable emblems, fer of land and capital which would ul- fine start. devices, and inscriptions, to be determined timately end up in non-Native hands. I I ask unanimous consent that the by the Secretary. am proud, that none of the Native cor- text of the bill be printed in the SEC. 3. DUPLICATE MEDALS. porations have opened their stock to RECORD. Under such regulations as the Secretary purchase by outsiders. In fact, I see There being no objection, the bill was may prescribe, the Secretary may strike and nothing on the horizon to suggest that ordered to be printed in the RECORD, as sell duplicates in bronze of the gold medal any of the corporations will take up follows: struck pursuant to section 2 at a price suffi- this question in the foreseeable future. cient to cover the cost thereof, including S. 448 If history is any guide, the Alaska labor, materials, dies, use of machinery, and Be it enacted by the Senate and House of Rep- Native Corporations are destined to re- overhead expenses, and the cost of the gold main in Native hands for a long time to resentatives of the United States of America in medal. come. This is good news for the Native Congress assembled, SEC. 4. STATUS AS NATIONAL MEDALS. SECTION 1. FINDINGS. The medals struck under this Act are na- people of Alaska and it is good news for Congress makes the following findings: tional medals for purposes of chapter 51 of my State as a whole. (1) Elizabeth Wanamaker, a Tlingit Indian, title 31, United States Code. I rise today to offer legislation, re- was born on July 4, 1911, in Petersburg, Alas- SEC. 5. AUTHORIZATION OF APPROPRIATIONS. quested by the Alaska Federation of ka. (a) AUTHORIZATION OF APPROPRIATIONS.— Natives and the Association of ANCSA (2) Elizabeth married Roy Peratrovich, a There is authorized to be charged against the Presidents and CEOs, which is intended Tlingit Indian from Klawock, Alaska, on De- United States Mint Public Enterprise Fund to address a piece of unfinished busi- cember 15, 1931. such sum as may be appropriate to pay for ness left by the 1987 amendments to the (3) In 1941, the couple moved to Juneau, the cost of the medals authorized under sec- Alaska. act. tion 2. Under the act, as originally passed, (4) Roy and Elizabeth Peratrovich discov- (b) PROCEEDS OF SALE.—Amounts received ered that they could not purchase a home in from the sale of duplicate bronze medals stock in an Alaska Native corporation the section of Juneau in which they desired under section 3 shall be deposited in the was generally only available to an to live due to discrimination against Alaska United States Mint Public Enterprise Fund. Alaska Native born on or before De- Natives. cember 18, 1971 and those who might in- (5) In the early 1940s, there were reports By Ms. MURKOWSKI: herit stock from a deceased share- that some businesses in Southeast Alaska S. 449. A bill to facilitate shareholder holder. The original legislation gave posted signs reading ‘‘No Natives Allowed’’. (6) Roy, as Grand President of the Alaska consideration of proposals to make little thought to offering those born Native Brotherhood, and Elizabeth, as Grand Settlement Common Stock under the after December 18, 1971 a role in the President of the Alaska Native Sisterhood, Alaska Native Claims Settlement Act corporation. In effect, the original leg- petitioned the Territorial Governor and the available to missed enrollees, eligible islation disenfranchised an entire gen- Territorial Legislature to enact a law pro- elders, and eligible persons born after eration born after the cutoff date from hibiting discrimination against Alaska Na- December 18, 1971, and for other pur- having a stake in the Native corpora- tives in public accommodations. poses; to the Committee on Indian Af- tions. It disenfranchised an entire gen- (7) Rebuffed by the Territorial Legislature fairs. eration of young people from playing a in 1943, they again sought passage of an anti- Ms. MURKOWSKI. Mr. President, discrimination law in 1945. role in the governance of the Native (8) On February 8, 1945, as the Alaska Ter- more than 30 years have passed since corporations and from having an own- ritorial Senate debated the anti-discrimina- Congress enacted the Alaska Native ership interest in their Native lands. tion law, Elizabeth, who was sitting in the Claims Settlement Act which settled The 1987 amendments allowed the visitor’s gallery of the Senate, was recog- the aboriginal land claims of the first shareholders of a Native corporation to nized to present her views on the measure. inhabitants of Alaska by making each remedy this unintended consequence (9) The eloquent and dignified testimony eligible Alaska Native a shareholder in by allowing new stock to be issued to given by Elizabeth that day is widely cred- 1 of 13 regional corporations and many the descendants of a corporation’s ited for passage of the anti-discrimination of these people shareholders in a vil- law. original shareholders provided that a (10) On February 16, 1945, Territorial Gov- lage corporation as well. Each of the majority of the outstanding shares ernor Ernest Gruening signed into law an act corporations was capitalized with land agreed. Under the 1987 amendments, prohibiting discrimination against all citi- and money. such stock could only be issued to zens within the jurisdiction of the Territory The Alaska Native Claims Settle- those descendants who had one quarter of Alaska in access to public accommoda- ment Act was a bold experiment, and or more Alaska Native blood. A subse- tions and imposing a penalty on any person its implementation was not without quent technical amendment allowed who shall display any printed or written sign controversy. As originally enacted, the the stock to be issued to descendants indicating discrimination on racial grounds law provided that a shareholder of an of such full and equal enjoyment. without regard to their blood quantum, (11) 19 years before Congress enacted the Alaska Native Corporation could sell at the option of each corporation’s Civil Rights Act of 1964, and 18 years before his or her stock on or after December shareholders. the Reverend Dr. Martin Luther King, Jr. de- 18, 1991, without any intervening action Time has demonstrated that the rem- livered his ‘‘I Have a Dream’’ speech, one of by the corporation. edy for incorporating the generation

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1662 CONGRESSIONAL RECORD — SENATE February 17, 2005 born after December 18, 1971 is an im- of the people profiled in the book re- As you can see, there may not be perfect one. This is sad because one of ceived stock under the 1971 act while unanimity on the question of whether the most important responsibilities others missed the deadline. I will quote new stock should be made available to faced by the Board of Directors of any from this book for the RECORD. the descendants. But I think we all can corporation is to plan for its own suc- One of these 27 Alaska Natives is agree that the debate is a healthy one cession and the succession of the cor- Jaeleen Kookesh-Araujo, a Tlingit In- and the debate will not take place in poration’s leadership. dian, who grew up in the village of earnest unless Congress relaxes the Since 1987, less than a handful of the Angoon, AK. Jaeleen is a bright young supermajority standard imposed by the 13 regional Native corporations have attorney who works at one of Washing- 1987 amendments. put the question of enrolling the next ton’s most respected law firms. She is The legislation I am introducing generation to their shareholders. How- precisely the type of person who is well today would allow the shareholders of ever, all of the corporations that have positioned to lead her regional corpora- a Native corporation to authorize new considered the question have voted in tion, Sealaska, into the future. And she stock for those born after December 18, the affirmative. is one of many Alaska Natives who was 1971 by a majority vote of the shares Why then have more corporations born after December 18, 1971. Jaeleen present and voting at a duly con- not taken the question to a vote? The has an opportunity to participate in stituted meeting of the shareholders. answer seems to lie in the voting re- Sealaska’s governance because her par- Shareholders who want to make the quirements imposed by the 1987 amend- ents gave her some of their stock as a stock available will have the oppor- ments, which essentially requires an gift, but she remains concerned that tunity to vote yes. Those who do not affirmative vote of a supermajority of others of her generation have been left will have the opportunity to vote no. the shares represented in person or by out. Those who choose not to participate, proxy at a shareholder meeting. In This is what Jaeleen said about why place the fate of the question in the order for a corporation to obtain an af- it is important to make stock available hands of those who choose to partici- firmative vote of a majority of its out- to the descendants. pate. The majority prevails. The 1987 amendments authorized Na- standing shares, something of the order I am a shareholder thanks to my parents tive corporations to make additional of 80 percent of the corporation’s gifting me shares, but there are a lot of young people who are never going to be shares available to Native elders and to stockholders must be represented at shareholders. If you have one parent with enroll those who were eligible to re- the meeting in person or by proxy. several children, they can try to allocate ceive stock as original shareholders Under present law, any shareholder shares to all of them, but some may be left but who failed to enroll. The number of who does not attend the meeting or out. Or, maybe you have a Native child who missed enrollees is expected to be submit a proxy is deemed to have voted has been adopted who doesn’t have parents small. My legislation would change the in the negative. with shares—whatever. There are going to be a lot of young Native people left out of this voting standard for these two cat- When Doyon, Limited, the regional egories to a majority of the shares Native corporation for Interior Alaska, corporate structure, and it’s really sad. Eventually, there may be a problem because present and voting as well. took the question of enrolling the gen- you’re going to have a lot of young, talented I ask unanimous consent that the eration of descendants born between Alaska Native people going out to get edu- text of this legislation be printed in 1971 and 1992 to its shareholders at its cated. They’re going to have a lot of exper- the RECORD. 1992 annual meeting, some 79.2 percent tise and education in ways that might ben- There being no objection, the bill was of the shareholders expressed an opin- efit the corporation, and yet you have to ordered to be printed in the RECORD, as ion in person or proxy. Still, the deci- wonder if they’re really going to want to be follows: sion to approve the enrollment passed involved in these Native corporations that S. 449 by the narrowest of margins. This was they don’t even belong to. I do want to be in- volved in the Native corporations because Be it enacted by the Senate and House of Rep- resentatives of the United States of America in a record quorum for the corporation, this is my ancestors’ land that they’re man- Congress assembled, which had 9,061 original shareholders, aging and developing and protecting . . . SECTION 1. TECHNICAL AMENDMENT TO ALASKA and the record has yet to be broken. I am not going to tell you that each Sealaska Corporation, the regional NATIVE CLAIMS SETTLEMENT ACT. of the 27 young people that A.J. Native corporation for Southeast Alas- Section 36(d)(3) of the Alaska Native profiled feels the same way. Another Claims Settlement Act (43 U.S.C. 1629b) is ka, had more original shareholders young Native profiled in A.J.’s book amended— than any other regional Native cor- supported the status quo in spite of the (1) by striking ‘‘(d)(3)’’ and inserting ‘‘(3)’’; poration. Sealaska had 15,700 original fact that he was born 2 days after the (2) in the matter preceding subparagraph (A), by striking ‘‘of this section’’ and insert- shareholders, each owning 100 shares of cutoff. stock. Sealaska has never enjoyed a ing ‘‘or an amendment to articles of incorpo- I really don’t think it’s necessary to adjust quorum of 79.2 percent and is pessi- ration under section 7(g)(1)(B)’’; for the future generations. The idea of (3) in subparagraph (A)— mistic that such a quorum could ever gifting and willing stock is a really efficient (A) by striking ‘‘, or’’ and inserting ‘‘; or’’; be mustered. Accordingly, Sealaska, method, and I think we ought to stick with and which has been pondering the question that, rather than having to expand and de- (B) by striking ‘‘such resolution’’ and in- of enrolling the next generation for grade the stock, allowing the children to be serting ‘‘the resolution or amendment to ar- many years, has been deterred from shareholders. It’s unfair that we as children ticles of incorporation’’; and putting the question to a stockholder born after December 18th are not share- (4) in subparagraph (B), by striking ‘‘such holders, but in order to keep the integrity of vote by the supermajority voting re- resolution’’ and inserting ‘‘the resolution or the stock, I think it’s essential that we con- amendment to articles of incorporation’’. quirement in the 1987 amendment. tinue on with the method of granting, gifting Whether Sealaska enrolls the genera- and willing stock. By Mrs. CLINTON (for herself, tion born after 1971 is not up to me. It The final quote is from a Doyon Mrs. BOXER, Mr. KERRY, Mr. is up to the shareholders of Sealaska. shareholder who was involved in that LAUTENBERG, and Ms. MIKUL- But I think the Congress owes it to the company’s decision to make new stock SKI): next generation of Alaska Natives to available to those born between 1971 S. 450. A bill to amend the Help offer a level playing field when it and 1992. America Vote Act of 2002 to require a comes to participation in their Native When I first started I thought, ‘‘I don’t voter-verified paper record, to improve corporations. want my dividend to get smaller.’’ I was an provisional balloting, to impose addi- In addressing the Alaska Native com- intern in Doyon’s Shareholder Relations, so tional requirements under such Act, munity, I often make reference to a I was involved in the committee that was and for other purposes; to the Com- marvelous book by Alexandra J. studying the issue to enroll children born mittee on Rules and Administration. McClanahan entitled ‘‘Growing Up Na- after 1971. When it was time to vote, I Mrs. CLINTON. Mr. President, I ask tive in Alaska.’’ In this book, A.J. thought: ‘‘Darned if I’m letting my nieces and nephews not be involved.’’ I was a total unanimous consent that the text of the profiled 27 Alaska Natives born be- turnaround. There was no way I was going to bill be printed in the RECORD. tween 1957 and 1976 and allowed them leave them out. There was no difference be- There being no objection, the bill was in their own words to speak about what tween me and them. They were just born ordered to be printed in the RECORD, as it means to be an Alaska Native. Some later. follows:

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 17, 2005 CONGRESSIONAL RECORD — SENATE S1663 S. 450 TITLE IX—TRANSMISSION OF CERTIFI- and independence), inspection, and Be it enacted by the Senate and House of Rep- CATE OF ASCERTAINMENT OF ELEC- verification as for other voters; resentatives of the United States of America in TORS ‘‘(ii) be accessible for language minority Congress assembled, Sec. 901. Transmission of certificate of as- individuals to the extent required under sec- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. certainment of electors. tion 203 of the Voting Rights Act of 1965 (42 (a) SHORT TITLE.—This Act may be cited as TITLE X—STRENGTHENING THE U.S.C. 1973aa-1), in a manner that provides the ‘‘Count Every Vote Act of 2005’’. ELECTION ASSISTANCE COMMISSION the same opportunity for access, participa- (b) TABLE OF CONTENTS.—The table of con- Sec. 1001. Strengthening the Election Assist- tion (including privacy and independence), tents of this Act is as follows: ance Commission. inspection, and verification as for other vot- ers; Sec. 1. Short title; table of contents. Sec. 1002. Repeal of exemption of Election Assistance Commission from ‘‘(iii) satisfy the requirement of clauses (i) TITLE I—VOTER VERIFICATION AND certain Government con- and (ii) through the use of at least one direct AUDITING tracting requirements. recording electronic voting system or other Sec. 101. Promoting accuracy, integrity, and Sec. 1003. Authorization of appropriations. voting system equipped for individuals with security through preservation TITLE I—VOTER VERIFICATION AND disabilities at each polling place; and of a voter-verified paper record AUDITING ‘‘(iv) if purchased with funds made avail- or hard copy. able under title II on or after November 1, Sec. 102. Requirement for mandatory re- SEC. 101. PROMOTING ACCURACY, INTEGRITY, AND SECURITY THROUGH PRESER- 2006, meet the voting system standards for counts. VATION OF A VOTER-VERIFIED disability access (as outlined in this para- Sec. 103. Specific, delineated requirement of PAPER RECORD OR HARD COPY. graph). study, testing, and development (a) VOTER VERIFICATION AND MANUAL AUDIT ‘‘(B) VERIFICATION REQUIREMENTS.—Any di- of best practices. CAPACITY.— rect recording electronic voting system or Sec. 104. Voter verification and audit capac- (1) IN GENERAL.—Section 301(a)(2) of the other voting system described in subpara- ity funding. Help America Vote Act of 2002 (42 U.S.C. graph (A)(iii) shall use a mechanism that Sec. 105. Reports and provision of security 15481(a)(2)) is amended to read as follows: separates the function of vote generation consultation services. ‘‘(2) VOTER VERIFICATION AND MANUAL AUDIT from the function of vote casting and shall Sec. 106. Improvements to voting systems. CAPACITY.— produce, in accordance with paragraph TITLE II—PROVISIONAL BALLOTS ‘‘(A) VOTER VERIFICATION.— (2)(A), an individual paper record which— Sec. 201. Requirements for casting and ‘‘(i) The voting system shall produce an in- ‘‘(i) shall be used to meet the requirements counting provisional ballots. dividual voter-verifiable paper record of the of paragraph (2)(B); vote that shall be made available for inspec- TITLE III—ADDITIONAL REQUIREMENTS ‘‘(ii) shall be available for visual, audio, tion and verification by the voter before the UNDER THE HELP AMERICA VOTE ACT and pictorial inspection and verification by vote is cast. OF 2002 the voter, with language translation avail- ‘‘(ii) The voting system shall provide the able for all forms of inspection and SUBTITLE A—SHORTENING VOTER WAIT TIMES voter with an opportunity to correct any verification in accordance with the require- Sec. 301. Minimum required voting systems, error made by the system in the voter- ments of section 203 of the Voting Rights Act poll workers, and election re- verifiable paper record before the permanent of 1965; sources. voter-verified paper record is preserved in ‘‘(iii) shall not require the voter to handle Sec. 302. Requirements for jurisdictions with accordance with subparagraph (B)(i). the paper; and substantial voter wait times. ‘‘(B) MANUAL AUDIT CAPACITY.—The perma- ‘‘(iv) shall not preclude the use of Braille SUBTITLE B—NO-EXCUSE ABSENTEE VOTING nent voter-verified paper record produced in or tactile ballots for those voters who need Sec. 311. No-excuse absentee voting. accordance with subparagraph (A) shall— them. ‘‘(i) be preserved within the polling place, SUBTITLE C—COLLECTION AND DISSEMINATION in the manner, if any, in which all other The requirement of clause (iii) shall not OF ELECTION DATA paper ballots are preserved within that poll- apply to any voting system certified by the Sec. 321. Data collection. ing place, or, in the manner employed by the Independent Testing Authorities before the date of the enactment of this Act. SUBTITLE D—ENSURING WELL RUN ELECTIONS jurisdiction for preserving paper ballots in ‘‘(C) REQUIREMENTS FOR LANGUAGE MINORI- Sec. 331. Training of election officials. general, for later use in any manual audit; ‘‘(ii) be suitable for a manual audit equiva- TIES.—Any record produced under subpara- Sec. 332. Impartial administration of elec- graph (B) shall be subject to the require- tions. lent to that of a paper ballot voting system; and ments of section 203 of the Voting Rights Act SUBTITLE E—STANDARDS FOR PURGING ‘‘(iii) be available as the official record and of 1965 to the extent such section is applica- VOTERS shall be the official record used for any re- ble to the State or jurisdiction in which such Sec. 341. Standards for purging voters. count conducted with respect to any Federal record is produced.’’. SUBTITLE F—ELECTION DAY REGISTRATION election in which the system is used.’’. (c) ADDITIONAL VOTING SYSTEM REQUIRE- AND EARLY VOTING (2) PROHIBITION OF USE OF THERMAL MENTS.—Section 301(a) of the Help America Sec. 351. Election day registration. PAPER.—Section 301(a) of the Help America Vote Act of 2002 (42 U.S.C. 15481(a)), as Sec. 352. Early voting. Vote Act of 2002 (42 U.S.C. 15481(a)) is amend- amended by subsection (a)(2), is amended by ed by adding at the end the following new adding to the end the following new para- TITLE IV—VOTER REGISTRATION AND paragraph: graphs: IDENTIFICATION ‘‘(7) PROHIBITION OF USE OF THERMAL ‘‘(8) INSTRUCTION OF ELECTION OFFICIALS.— Sec. 401. Voter registration. PAPER.—The voter-verified paper record pro- Sec. 402. Establishing voter identification. duced in accordance with paragraph (2)(A) Each State shall ensure that election offi- Sec. 403. Requirement for Federal certifi- shall not be produced on thermal paper, but cials are instructed on the right of any indi- cation of technological security shall instead be produced on paper of archi- vidual who requires assistance to vote by of voter registration lists. val quality.’’. reason of blindness, other disability, or in- ability to read or write to be given assist- TITLE V—PROHIBITION ON CERTAIN (3) CONFORMING AMENDMENT.—Section ance by a person chosen by that individual CAMPAIGN ACTIVITIES 301(a)(1)(A)(ii) of the Help America Vote Act (42 U.S.C. 15481(a)(1)(A)(ii)) is amended by in- under section 208 of the Voting Rights Act of Sec. 501. Prohibition on certain campaign 1965. activities. serting ‘‘and before the paper record is pro- duced under paragraph (2)’’ before the semi- ‘‘(9) PROHIBITION OF USE OF UNDISCLOSED TITLE VI—ENDING DECEPTIVE colon at the end. SOFTWARE IN VOTING SYSTEMS.—No voting PRACTICES (b) VOTER-VERIFICATION OF RESULTS FOR IN- system shall at any time contain or use any Sec. 601. Ending deceptive practices. DIVIDUALS WITH DISABILITIES AND LANGUAGE undisclosed software. Any voting system TITLE VII—CIVIC PARTICIPATION BY EX- MINORITY VOTERS.—Paragraph (3) of section containing or using software shall disclose OFFENDERS 301(a) of the Help America Vote Act of 2002 the source code, object code, and executable (42 U.S.C. 15481(a)(3)) is amended to read as representation of that software to the Com- Sec. 701. Voting rights of individuals con- follows: mission, and the Commission shall make victed of criminal offenses. ‘‘(3) ACCESSIBILITY FOR INDIVIDUALS WITH that source code, object code, and executable TITLE VIII—FEDERAL ELECTION DAY DISABILITIES AND FOR LANGUAGE MINORITIES.— representation available for inspection upon ACT ‘‘(A) IN GENERAL.—The voting system request to any citizen. Sec. 801. Short title. shall— ‘‘(10) PROHIBITION OF USE OF WIRELESS COM- Sec. 802. Federal Election Day as a public ‘‘(i) be accessible for individuals with dis- MUNICATION DEVICES IN VOTING SYSTEMS.—No holiday. abilities, including nonvisual accessibility voting system shall use any wireless commu- Sec. 803. Study on encouraging government for the blind and visually impaired, in a nication device. employees to serve as poll manner that provides the same opportunity ‘‘(11) CERTIFICATION OF SOFTWARE AND workers. for access, participation (including privacy HARDWARE.—All software and hardware used

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1664 CONGRESSIONAL RECORD — SENATE February 17, 2005 in any electronic voting system shall be cer- to enhance accessibility and voter- proposed schedule for the implementation of tified by laboratories accredited by the Com- verification mechanisms for individuals with each such system. mission as meeting the requirements of para- disabilities.’’. ‘‘(c) PROVISION OF SECURITY CONSULTATION graphs (9) and (10). (b) EFFECTIVE DATE.—The amendments SERVICES.— ‘‘(12) SECURITY STANDARDS FOR MANUFAC- made by this section shall take effect on the ‘‘(1) IN GENERAL.—On and after the date of TURERS OF VOTING SYSTEMS USED IN FEDERAL date of the enactment of this Act. the enactment of the Count Every Vote Act ELECTIONS.— SEC. 104. VOTER-VERIFICATION AND AUDIT CA- of 2005, the Commission, in consultation with ‘‘(A) IN GENERAL.—No voting system may PACITY FUNDING. the Director of the National Institute of be used in an election for Federal office un- (a) IN GENERAL.—Subtitle D of title II of Standards and Technology, shall provide se- less the manufacturer of such system meets the Help America Vote Act of 2002 (42 U.S.C. curity consultation services to States and the requirements described in subparagraph 15321 et seq.) is amended by adding at the end local jurisdictions with respect to the admin- (B). the following new part: istration of elections for Federal office. ‘‘(B) REQUIREMENTS DESCRIBED.—The re- ‘‘PART 7—VOTER-VERIFICATION AND ‘‘(2) APPROPRIATION.—To carry out the pur- quirements described in this subparagraph AUDIT CAPACITY FUNDING poses of paragraph (1), $2,000,000 is appro- priated for each of fiscal years 2006 through are as follows: ‘‘SEC. 297. VOTER-VERIFICATION AND AUDIT CA- ‘‘(i) The manufacturer shall conduct back- PACITY FUNDING. 2010.’’. ground checks on individuals who are pro- ‘‘(a) PAYMENTS TO STATES.—Subject to sub- (b) EFFECTIVE DATE.—The amendments grammers and developers before such indi- section (b), not later than the date that is 30 made by this section shall take effect on the viduals work on any software used in connec- days after the date of the enactment of the date of the enactment of this Act. tion with the voting system. Count Every Vote Act of 2005, the Election SEC. 106. IMPROVEMENTS TO VOTING SYSTEMS. ‘‘(ii) The manufacturer shall document the Assistance Commission shall pay to each (a) IN GENERAL.—Subparagraph (B) of sec- chain of custody for the handling of software State an amount to assist the State in pay- tion 301(a)(1) of the Help America Vote Act used in connection with voting systems. ing for the implementation of the voter- of 2002 (42 U.S.C. 15481(a)(1)(B)) is amended by ‘‘(iii) The manufacturer shall ensure that verification and audit capacity requirements striking ‘‘, a punch card voting system, or a any software used in connection with the of paragraphs (2) and (3) of section 301(a), as central count voting system’’. voting system is not transferred over the amended by subsections (a) and (b) of section (b) CLARIFICATION OF REQUIREMENTS FOR Internet. 2 of such Act. PUNCH CARD SYSTEMS.—Subparagraph (A) of ‘‘(iv) In the same manner and to the same ‘‘(b) LIMITATION.—The amount paid to a section 301(a)(1) of the Help America Vote extent described in paragraph (9), the manu- State under subsection (a) for each voting Act of 2002 (42 U.S.C. 15481(a)(1)(A)) is amend- facturer shall provide the codes used in any system purchased by a State may not exceed ed by inserting ‘‘punch card voting system,’’ software used in connection with the voting the average cost of adding a printer with ac- after ‘‘any’’. system to the Commission and may not alter cessibility features to each type of voting (c) EFFECTIVE DATE.—Each State and juris- such codes once certification by the Inde- system that the State could have purchased diction shall be required to comply with the pendent Testing Authorities has occurred to meet the requirements described in such amendments made by this section on and unless such system is recertified. subsection. after November 1, 2006. ESIDUAL OTE ENCHMARK ‘‘(v) The manufacturer shall implement ‘‘SEC. 298. APPROPRIATION. (d) R V B .—. procedures to ensure internal security, as re- ‘‘There are authorized and appropriated (1) IN GENERAL.—The error rate of the vot- quired by the Director of the National Insti- $500,000,000 to the Election Assistance Com- ing system (as defined under section 301 of tute of Standards and Technology. mission, without fiscal year limitation, to the Help America Vote Act of 2002) in count- ‘‘(vi) The manufacturer shall meet such make payments to States in accordance with ing ballots (determined by taking into ac- other requirements as may be established by section 297(a). Furthermore, there are au- count only those errors which are attrib- the Director of the National Institute of thorized and appropriated $20,000,000 to the utable to the voting system and not attrib- Standards and Technology.’’. Election Assistance Commission, for each of utable to an act of the voter) shall not ex- (d) EFFECTIVE DATE.—Each State and juris- fiscal years 2006 through 2010, in addition to ceed the error rate standards established diction shall be required to comply with the any amounts otherwise appropriated for ad- under the voting systems standards issued amendments made by this section on and ministrative costs to assist with conducting and maintained by Election Assistance Com- after November 1, 2006. recounts, the implementation of voter mission. SEC. 102. REQUIREMENT FOR MANDATORY RE- verification systems, and improved security (2) RESIDUAL BALLOT PERFORMANCE BENCH- COUNTS. measures.’’. MARK.—In addition to the error rate stand- On and after the date of the enactment of (b) EFFECTIVE DATE.—The amendment ards described in paragraph (1), the Election this Act, the Election Assistance Commis- made by this section shall take effect on the Assistance Commission shall issue and main- sion shall conduct random unannounced date of the enactment of this Act. tain a uniform benchmark for the residual manual mandatory recounts of the voter- ballot error rate that jurisdictions may not SEC. 105. REPORTS AND PROVISION OF SECURITY verified records of each election for Federal CONSULTATION SERVICES. exceed. For purposes of the preceding sen- office (and, at the option of the State or ju- tence, the residual vote error rate shall be (a) IN GENERAL.—Subtitle C of title II of risdiction involved, of elections for State the Help America Vote Act of 2002 (42 U.S.C. equal to the combination of overvotes, and local office held at the same time as 15381 et seq.), as amended by section 103, is spoiled or uncountable votes, and undervotes such an election for Federal office) in 2 per- amended by— cast in the contest at the top of the ballot, cent of the polling locations (or, in the case (1) redesignating section 248 as section 249; but excluding an estimate, based upon the of any polling location which serves more and best available research, of intentional under- than 1 precinct, 2 percent of the precincts) in (2) by inserting after section 247 the fol- votes. The Commission shall base the bench- each State and with respect to 2 percent of lowing new section: mark issued and maintained under this sub- the ballots cast by uniformed and overseas paragraph on evidence of good practices in voters immediately following the election ‘‘SEC. 248. REPORTS AND PROVISION OF SECU- RITY CONSULTATION SERVICES. representative jurisdictions. and shall promptly publish the results of (3) HISTORICALLY HIGH INTENTIONAL UNDER- ‘‘(a) REPORT TO CONGRESS ON SECURITY RE- those recounts in the Federal Register. In VOTES.— VIEW.—Not later than 6 months after the addition, the verification system used by the date of the enactment of the Count Every (A) Congress finds that there are certain Election Assistance Commission shall meet Vote Act of 2005, the Commission, in con- distinct communities in certain geographic the error rate standards described in section sultation with the Director of the National areas that have historically high rates of in- 301(a)(5) of the Help America Vote Act of Institute of Standards and Technology, shall tentional undervoting in elections for Fed- 2002. submit to Congress a report on a proposed eral office, relative to the rest of the Nation. SEC. 103. SPECIFIC, DELINEATED REQUIREMENT security review and certification process for (B) In establishing the benchmark de- OF STUDY, TESTING, AND DEVELOP- scribed in subparagraph (B), the Election As- MENT OF BEST PRACTICES. all voting systems used in elections for Fed- eral office, including a description of the cer- sistance Commission shall— (a) IN GENERAL.—Subtitle C of title II of tification process to be implemented under (i) study and report to Congress on the oc- the Help America Vote Act of 2002 (42 U.S.C. currences of distinct communities that have 15381 et seq.) is amended by— section 231. ‘‘(b) REPORT TO CONGRESS ON OPERATIONAL significantly higher than average rates of (1) redesignating section 247 as section 248; historical intentional undervoting; and and AND MANAGEMENT SYSTEMS.—Not later than 3 months after the date of the enactment of (ii) promulgate for local jurisdictions in (2) by inserting after section 246 the fol- which that distinct community has a sub- lowing new section: the Count Every Vote Act of 2005, the Com- mission shall submit to Congress a report on stantial presence either a separate bench- ‘‘SEC. 247. STUDY, TESTING, AND DEVELOPMENT operational and management systems appli- mark or an exclusion from the national OF BEST PRACTICES TO ENHANCE benchmark, as appropriate. ACCESSIBILITY AND VOTER- cable with respect to elections for Federal VERIFICATION MECHANISMS FOR office, including the security standards for TITLE II—PROVISIONAL BALLOTS DISABLED VOTERS. manufacturers described in section 301(a)(7), SEC. 201. REQUIREMENTS FOR CASTING AND ‘‘The Election Assistance Commission that should be employed to safeguard the se- COUNTING PROVISIONAL BALLOTS. shall study, test, and develop best practices curity of voting systems, together with a (a) ELIGIBILITY OF PROVISIONAL BALLOTS.—

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(1) IN GENERAL.—Paragraph (4) of section (2) CONFORMING AMENDMENT.—Section 401 ers waited more than 90 minutes to cast a 302(a) of the Help America Vote Act of 2002 of the Help America Vote Act of 2002 (42 vote in the election on November 2, 2004, (42 U.S.C. 15482(a)(4)) is amended by inserting U.S.C. 15511) is amended by striking ‘‘and shall comply with a State remedial plan es- at the end the following new sentence: ‘‘The 303’’ and inserting ‘‘303, and subtitle C’’. tablished under this section. determination of eligibility shall be made (b) STANDARDS.— ‘‘(b) STATE REMEDIAL PLANS.—For each without regard to the location at which the (1) IN GENERAL.—Title II of the Help Amer- State or jurisdiction which is required to voter cast the provisional ballot and without ica Vote Act of 2002 (42 U.S.C. 15321 et seq.) comply with this section, the Election As- regard to any requirement to present identi- is amended by adding at the end the fol- sistance Commission shall establish a State fication to any election official.’’. lowing new subtitle: remedial plan to minimize the waiting times (2) EFFECTIVE DATE.—The amendment ‘‘Subtitle E—Guidance and Standards of voters. made by paragraph (1) shall apply to States ‘‘(c) JURISDICTION.—For purposes of this ‘‘SEC. 299. STANDARDS FOR ESTABLISHING THE section, the term ‘jurisdiction’ has the same and jurisdictions on and after November 1, MINIMUM REQUIRED VOTING SYS- 2006. TEMS AND POLL WORKERS. meaning as the term ‘registrar’s jurisdiction’ (b) TIMELY PROCESSING OF BALLOTS.— ‘‘(a) IN GENERAL.—Not later than January under section 8 of the National Voter Reg- (1) IN GENERAL.—Subsection (a) of section 1, 2006, the Commission shall issue standards istration Act of 1993.’’. 302 of the Help America Vote Act of 2002 (42 regarding the minimum number of voting (b) EFFECTIVE DATE.—The amendment U.S.C. 15482(a)) is amended by inserting after systems, poll workers, and other election re- made by this section shall take effect on the paragraph (5) the following new paragraph: sources (including all other physical re- date of the enactment of this Act. ‘‘(6) The appropriate State election official sources) required under section 321 on the Subtitle B—No-excuse Absentee Voting shall develop, according to guidelines estab- day of any Federal election and on any days SEC. 311. NO-EXCUSE ABSENTEE VOTING. lished by the Election Assistance Commis- during which early voting is allowed for a Subtitle C of title III of the Help America sion, reasonable procedures to assure the Federal election. Vote Act of 2002, as added by this Act, is timely processing and counting of provi- ‘‘(b) DISTRIBUTION.— amended by adding at the end the following sional ballots, including— ‘‘(1) IN GENERAL.—The standards described new section: ‘‘(A) standards for timely processing and in subsection (a) shall provide for a uniform ‘‘SEC. 322. NO-EXCUSE ABSENTEE VOTING. counting to assure that, after the conclusion and nondiscriminatory distribution of such ‘‘(a) IN GENERAL.—Each State and jurisdic- of the provisional vote count, parties and systems, workers, and other resources, and tion shall permit any person who is other- candidates may have full, timely, and effec- shall take into account, among other fac- wise qualified to vote in an election for Fed- tive recourse to the recount and contest pro- tors, the following with respect to any vot- eral office to vote in such election in a man- cedures provided by State law; and ing site: ‘‘(B) standards for the informed participa- ner other than in person without regard to ‘‘(A) The voting age population. tion of candidates and parties such as are any restrictions on absentee voting under ‘‘(B) Voter turnout in past elections. consistent with reasonable procedures to State law. ‘‘(C) The number of voters registered. ‘‘(b) SUBMISSION AND PROCESSING.— protect the security, confidentiality, and in- ‘‘(1) IN GENERAL.—Any ballot cast under tegrity of personal information collected in ‘‘(D) The number of voters who have reg- subsection (a) shall be submitted and proc- the course of the processing and counting of istered since the most recent Federal elec- essed in the manner provided for absentee provisional ballots.’’. tion. ‘‘(E) Census data for the population served ballots under State law. (2) EFFECTIVE DATE.—Subsection (d) of sec- tion 302 of the Help America Vote Act of 2002 by such voting site. ‘‘(2) DEADLINE.—Any ballot cast under sub- (42 U.S.C. 15482(d)) is amended— ‘‘(F) The educational levels and socio-eco- section (a) shall be counted if postmarked or (A) by striking ‘‘Each State’’ and inserting nomic factors of the population served by signed before the close of the polls on elec- the following: such voting site. tion day and received by the appropriate State election official on or before the date ‘‘(1) IN GENERAL.—Except as provided in ‘‘(G) The needs and numbers of disabled paragraph (2), each State’’; and voters and voters with limited English pro- which is 10 days after the date of the election (B) by inserting at the end the following ficiency. or the date provided for the receipt of absen- new paragraph: ‘‘(H) The type of voting systems used. tee ballots under State law, whichever is later. ‘‘(2) PROCESSING.—Each State shall be re- ‘‘(2) NO FACTOR DISPOSITIVE.—The stand- ‘‘(c) EFFECTIVE DATE.—Each State and ju- quired to comply with the requirements of ards shall provide that any distribution of risdiction shall be required to comply with subsection (a)(6) on and after the date that is such systems shall take into account the to- the requirements of this section on and after 6 months after the date of the enactment of tality of all relevant factors, and no single October 1, 2006.’’. the Count Every Vote Act of 2005.’’. factor shall be dispositive under the stand- (3) EFFECTIVE DATE.—The amendments ards. Subtitle C—Collection and Dissemination of made by this subsection shall take effect on ‘‘(3) PURPOSE.—To the extent possible, the Election Data the date that is 6 months after the date of standards shall provide for a distribution of SEC. 321. DATA COLLECTION. enactment of this Act. voting systems, poll workers, and other elec- Subtitle C of title III of the Help America tion resources with the goals of— TITLE III—ADDITIONAL REQUIREMENTS Vote Act of 2002, as added and amended by ‘‘(A) ensuring an equal waiting time for all UNDER THE HELP AMERICA VOTE ACT this Act, is amended by adding at the end voters in the State; and OF 2002 the following new section: ‘‘(B) preventing a waiting time of over 1 Subtitle A—Shortening Voter Wait Times ‘‘SEC. 323. PUBLIC REPORTS ON FEDERAL ELEC- hour at any polling place. TIONS. SEC. 301. MINIMUM REQUIRED VOTING SYSTEMS, ‘‘(c) DEVIATION.—The standards described ‘‘(a) IN GENERAL.—Not later than 6 months POLL WORKERS, AND ELECTION RE- in subsection (a) shall permit States, upon SOURCES. after a Federal election, each State and ju- giving reasonable public notice, to deviate risdiction shall publicly report information (a) MINIMUM REQUIREMENTS.— from any allocation requirements in the case on such election, including the following in- (1) IN GENERAL.—Title III of the Help Amer- of unforseen circumstances such as a natural formation with respect to the election: ica Vote Act of 2002 (42 U.S.C. 15481 et seq.) disaster or terrorist attack.’’. is amended by adding at the end the fol- ‘‘(1) The total number of individuals of vot- (2) CONFORMING AMENDMENT.—Section 202 lowing new subtitle: ing age in the population. of the Help America Vote Act of 2002 (42 ‘‘(2) The total number of individuals reg- ‘‘Subtitle C—Additional Requirements U.S.C. 15322) is amended by redesignating istered to vote. ‘‘SEC. 321. MINIMUM REQUIRED VOTING SYSTEMS paragraphs (5) and (6) as paragraphs (6) and ‘‘(3) The total number of registered voters AND POLL WORKERS. (7), respectively, and by inserting after para- who voted. ‘‘(a) IN GENERAL.—Each State shall provide graph (4) the following new paragraph: ‘‘(4) The number of absentee and overseas for the minimum required number of voting ‘‘(5) carrying out the duties described ballots requested, including the numbers of systems, poll workers, and other election re- under subtitle E;’’. such ballots requested by military personnel sources (including all other physical re- SEC. 302. REQUIREMENTS FOR JURISDICTIONS and citizens living overseas. sources) for each voting site on the day of WITH SUBSTANTIAL VOTER WAIT ‘‘(5) The number of absentee and overseas any Federal election and on any days during TIMES. which such State allows early voting for a ballots cast, including the numbers of such (a) IN GENERAL.—The Help America Vote ballots cast by military personnel and citi- Federal election in accordance with the Act of 2002 (42 U.S.C. 15301 et seq.) is amend- standards determined under section 299. zens living overseas. ed by adding at the end the following new ‘‘(6) The total number of absentee and ‘‘(b) VOTING SITE.—For purposes of this title: section and section 299, the term ‘voting site’ overseas ballots counted, including the num- means a polling location, except that in the ‘‘TITLE X—REMEDIAL PLANS FOR STATES ber of such ballots which were cast by mili- case of any polling location which serves WITH EXCESSIVE VOTER WAIT TIMES tary personnel and citizens living overseas more than 1 precinct, such term shall mean ‘‘SEC. 1001. REMEDIAL PLANS FOR STATES WITH that were counted. a precinct. EXCESSIVE VOTER WAIT TIMES. ‘‘(7) The total number of absentee and ‘‘(c) EFFECTIVE DATE.—Each State shall be ‘‘(a) IN GENERAL.—Each jurisdiction for overseas ballots rejected, including the num- required to comply with the requirements of which the Election Assistance Commission bers of such ballots which were cast by mili- this section on and after October 1, 2006.’’. determines that a substantial number of vot- tary personnel and citizens living overseas

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that were rejected, and the reasons for any ‘‘(b) TRAINING.—The training required this Act, is amended by adding at the end such rejections. under subsection (a) shall, at a minimum, in- the following new section: ‘‘(8) The number of votes cast in early vot- clude— ‘‘SEC. 326. REMOVAL FROM VOTER REGISTRA- ing at the polls before the day of the elec- ‘‘(1) hands-on training on all voting sys- TION LIST. tion. tems used in the election; ‘‘(a) PUBLIC NOTICE.—Not later than 45 ‘‘(9) The number of provisional ballots ‘‘(2) training on accommodating individ- days before any Federal election, each State cast. uals with disabilities, individuals who are of shall provide public notice of— ‘‘(10) The number of provisional ballots limited English proficiency, and individuals ‘‘(1) all names which have been removed counted. who are illiterate; from the voter registration list of such State ‘‘(11) The number of provisional ballots re- ‘‘(3) training on requirements for the iden- under section 303 since the later of the most jected and the reasons any provisional bal- tification of voters; recent election for Federal office or the day lots were rejected. ‘‘(4) training on the appropriate use of pro- of the most recent previous public notice ‘‘(12) The number of voting sites (within visional ballots and the process for casting provided under this section; and the meaning of section 321(b)) in the State or such ballots; ‘‘(2) the criteria, processes, and procedures jurisdiction. ‘‘(5) training on registering voters on the used to determine which names were re- ‘‘(13) The number of voting machines in day of the election; moved. each such voting site on election day and the ‘‘(6) training on which individuals have the ‘‘(b) NOTICE TO INDIVIDUAL VOTERS.— type of each voting machine. authority to challenge voter eligibility and ‘‘(1) IN GENERAL.—No individual shall be re- ‘‘(14) The total number of voting machines the process for any such challenges; and moved from the voter registration list under available in the State or jurisdiction for dis- ‘‘(7) training on security procedures. section 303 unless such individual is first pro- tribution to each such voting site. ‘‘(c) EFFECTIVE DATE.—Each State and ju- vided with a notice which meets the require- ‘‘(15) The total number of voting machines risdiction shall be required to comply with ments of paragraph (2). actually distributed to such voting sites (in- the requirements of this section on and after ‘‘(2) REQUIREMENTS OF NOTICE.—The notice cluding voting machines distributed as re- August 1, 2006.’’. required under paragraph (1) shall be— placement voting machines on the day of the SEC. 332. IMPARTIAL ADMINISTRATION OF ELEC- ‘‘(A) provided to each voter in a uniform election). TIONS. and nondiscriminatory manner; ‘‘(16) The total number of voting machines Subtitle C of title III of the Help America ‘‘(B) consistent with the requirements of of any type, whether electronic or manual, Vote Act of 2002, as added and amended by the National Voter Registration Act of 1993 that malfunctioned on the day of the elec- this Act, is amended by adding at the end (42 U.S.C. 1973gg et seq.); and tion and the reason for any malfunction. the following new section: ‘‘(C) in the form and manner prescribed by ‘‘(17) The total number of voting machines ‘‘SEC. 325. ELECTION ADMINISTRATION REQUIRE- the Election Assistance Commission. that were replaced on the day of the elec- MENTS. ‘‘(c) PRIVACY.—No State or jurisdiction tion. ‘‘(a) PUBLICATION OF STATE ELECTION may disclose the reason for the removal of ‘‘(b) REPORT BY EAC.—The Commission LAWS.— any voter from the voter registration list un- shall collect the information published under ‘‘(1) IN GENERAL.—Each State shall be re- less ordered to do so by a court of competent subsection (a) and shall report to Congress quired to publish all State laws, regulations, jurisdiction. not later than 9 months after any Federal procedures, and practices relating to Federal ‘‘(d) EFFECTIVE DATE.—Each State shall be election the following: elections on January 1 of each year in which required to comply with the requirements of ‘‘(1) The funding and expenditures of each this section on and after September 1, 2006.’’. State under the provisions of this Act. there is a regularly scheduled election for a Subtitle F—Election Day Registration and ‘‘(2) The voter turnout in the election. Federal office. ‘‘(3) The number of registered voters and ‘‘(2) MAINTENANCE OF LAWS ON THE INTER- Early Voting the number of individuals eligible to register NET.—Each State shall be required to main- SEC. 351. ELECTION DAY REGISTRATION. who are not registered. tain an updated version of all material pub- (a) REQUIREMENT.—Subtitle C of title III of ‘‘(4) The number of voters who have reg- lished under paragraph (1) on an easily acces- the Help America Vote Act of 2002, as added istered to vote in a Federal election since sible public web site on the Internet. and amended by this Act, is amended by add- the most recent such election. ‘‘(b) NOTICE OF CHANGES IN STATE ELECTION ing at the end the following new section: ‘‘(5) The extent to which voter registration LAWS.—Not later than 15 days prior to any ‘‘SEC. 327. ELECTION DAY REGISTRATION. information has been shared among govern- Federal election, each State shall issue a ‘‘(a) IN GENERAL.— ment agencies (including any progress on public notice describing all changes in State ‘‘(1) REGISTRATION.—Notwithstanding sec- implementing statewide voter registration law affecting voting in Federal elections and tion 8(a)(1)(D) of the National Voter Reg- databases under section 303(a)). the administration of Federal elections since istration Act of 1993 (42 U.S.C. 1973gg–6), each ‘‘(6) The extent to which accurate voter in- the most recent prior such election. If any State shall permit any individual on the day formation has been maintained over time. State or local government makes any change of a Federal election— ‘‘(7) The number and types of new voting affecting the administration of Federal elec- ‘‘(A) to register to vote in such election at systems purchased by States and jurisdic- tions within 15 days of a Federal election, the polling place using the form established tions. the State or local government shall provide by the Election Assistance Commission pur- ‘‘(8) The amount of time individuals waited adequate public notice. suant to section 299A; and to vote. ‘‘(c) OBSERVERS.— ‘‘(B) to cast a vote in such election and ‘‘(9) The number of early votes, provisional ‘‘(1) STANDARDS.—Each State shall issue have that vote counted in the same manner votes, absentee ballots, and overseas ballots nondiscriminatory standards for granting ac- as a vote cast by an eligible voter who prop- distributed, cast, and counted. cess to nonpartisan election observers. Such erly registered during the regular registra- ‘‘(10) The amount of training that poll standards shall take into account the need tion period. to avoid disruption and crowding in polling workers received. ‘‘(2) EXCEPTION.—The requirements under ‘‘(11) The number of poll workers. places. paragraph (1) shall not apply to a State in ‘‘(12) The number of polling locations and ‘‘(2) IN GENERAL.—Each State shall allow which, under a State law in effect continu- precincts. uniform and nondiscriminatory access to ously on and after the date of the enactment ‘‘(13) The ratio of the number of voting ma- any polling place for purposes of observing a of this Act, there is no voter registration re- chines to the number of registered voters. Federal election to nonpartisan domestic ob- quirement for individuals in the State with ‘‘(14) any other information pertaining to servers (including voting rights and civil respect to elections for Federal office. electoral participation as the Commission rights organizations) and international ob- ‘‘(b) EFFECTIVE DATE.—Each State shall be deems appropriate. servers in accordance with the standards required to comply with the requirements of ‘‘(c) Each State and jurisdiction shall be published under paragraph (1). subsection (a) on and after October 1, 2006.’’. required to comply with the requirements of ‘‘(3) NOTICE OF DENIAL OF OBSERVATION RE- (b) ELECTION DAY REGISTRATION FORM.— this section on and after November 1, 2006.’’. QUEST.—Each State shall issue a public no- Subtitle E of title II of the Help America tice with respect to any denial of a request Subtitle D—Ensuring Well Run Elections Vote Act of 2002, as added by this Act, is by any observer described in paragraph (2) SEC. 331. TRAINING OF ELECTION OFFICIALS. amended by adding at the end the following for access to any polling place for purposes new section: Subtitle C of title III of the Help America of observing a Federal election. Such notice Vote Act of 2002, as added and amended by ‘‘SEC. 299A. ELECTION DAY REGISTRATION FORM. shall be issued not later than 24 hours after this Act, is amended by adding at the end ‘‘The Commission shall develop an election such denial. the following new section: day registration form for elections for Fed- ‘‘(d) EFFECTIVE DATE.—Each State shall be eral office.’’. ‘‘SEC. 324. TRAINING OF ELECTION OFFICIALS. required to comply with the requirements of SEC. 352. EARLY VOTING. ‘‘(a) IN GENERAL.—Each State and jurisdic- this section on and after October 1, 2006.’’. tion shall require that each person who (a) REQUIREMENTS.—Subtitle C of title III works in a polling place during an election Subtitle E—Standards for Purging Voters of the Help America Vote Act of 2002, as for Federal office receives adequate training SEC. 341. STANDARDS FOR PURGING VOTERS. added and amended by this Act, is amended not earlier than 3 months before the elec- Subtitle C of title III of the Help America by adding at the end the following new sec- tion. Vote Act of 2002, as added and amended by tion:

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FORMATION.—Subtitle E of the Help America scheduled for such election in the same man- ‘‘(d) EFFECTIVE DATE.—Each State and ju- Vote Act of 2002, as added and amended by ner as voting is allowed on such day. risdiction shall be required to comply with this Act, is amended by adding at the end ‘‘(b) MINIMUM EARLY VOTING REQUIRE- the requirements of this subsection on and the following new section: MENTS.—Each polling place which allows vot- after October 1, 2006.’’. ‘‘SEC. 299D. VOTER IDENTIFICATION. ing prior to the day of a Federal election (2) MATERIAL OMISSION.—Subtitle E of title ‘‘The Commission shall develop standards pursuant to subsection (a) shall— II of the Help America Vote Act of 2002, as for verifying the identification information ‘‘(1) allow such voting for no less than 4 added and amended by this Act, is amended required under section 303(a)(5) in connection hours on each day (other than Sunday); and by adding at the end the following new sec- with the registration of an individual to vote ‘‘(2) have minimum uniform hours each tion: in a Federal election.’’. day for which such voting occurs. ‘‘SEC. 299C. STANDARDS FOR MATERIAL OMIS- (c) FUNDING FOR FREE PHOTO IDENTIFICA- ‘‘(c) APPLICATION OF ELECTION DAY REG- SION FROM REGISTRATION FORMS. TIONS.—Subtitle D of title II of the Help ISTRATION TO EARLY VOTING.—A State shall ‘‘(a) IN GENERAL.—The Election Assistance America Vote Act of 2002 (42 U.S.C. 15401 et permit individuals to register to vote at each Commission shall establish guidelines as to seq.), as amended by this Act, is amended by polling place which allows voting prior to what does and does not constitute a ‘mate- adding at the end the following: the day of a Federal election pursuant to rial omission or information that specifi- ‘‘PART 8—PHOTO IDENTIFICATION subsection (a) in the same manner as the cally affects the eligibility of the voter’ for ‘‘SEC. 298A. PAYMENTS FOR FREE PHOTO IDENTI- State is required to permit individuals to purposes of section 329. FICATION. register to vote and vote on the day of the ‘‘(b) CERTAIN INFORMATION NOT A MATERIAL ‘‘(a) IN GENERAL.—In addition to any other OMISSION.—In establishing the guidelines election under section 327. payments made under this subtitle, the Elec- under subsection (a), the Commission shall ‘‘(d) EFFECTIVE DATE.—Each State shall be tion Assistance Commission shall make pay- provide that the following shall not con- required to comply with the requirements of ments to States to promote the issuance to stitute a ‘material omission or information this section on and after October 1, 2006.’’. registered voters of free photo identifica- (b) STANDARDS FOR EARLY VOTING.—Sub- that specifically affects the eligibility of the tions. title E of the Help America Vote Act of 2002, voter’: ‘‘(b) USE OF FUNDS.—A State receiving a as added and amended by this Act, is amend- ‘‘(1) The failure to provide a social security payment under this part shall use the pay- ed by adding at the end the following new number or driver’s license number. ment only to provide free photo identifica- section: ‘‘(2) The failure to provide information tion cards to registered voters who do not ‘‘SEC. 299B. STANDARDS FOR EARLY VOTING. concerning citizenship or age in a manner have an identification card and who cannot ‘‘(a) IN GENERAL.—The Commission shall other than the attestation required under obtain an identification card without undue issue standards for the administration of section 9(b)(2) of the National Voter Reg- hardship. voting prior to the day scheduled for a Fed- istration Act of 1993 (42 U.S.C. 1973-gg-7).’’. ‘‘(c) ALLOCATION OF FUNDS.— (c) INTERNET REGISTRATION.— eral election. Such standards shall include ‘‘(1) IN GENERAL.—The amount of the grant (1) IN GENERAL.—Subtitle C of title II of the the nondiscriminatory geographic placement made to a State under this part for a year Help America Vote Act of 2002 (42 U.S.C. of polling places at which such voting occurs shall be equal to the product of— 15381), as added and amended by this Act, is and the public listing of the date, time, and ‘‘(A) the total amount appropriated for amended by redesignating section 249 as sec- location of polling places no earlier than 10 payments under this part for the year under tion 250 and by inserting after section 248 the days before the date on which such voting section 298B; and following new section: begins. ‘‘(B) an amount equal to— ‘‘(b) DEVIATION.—The standards described ‘‘SEC. 249. STUDY ON INTERNET REGISTRATION ‘‘(i) the voting age population of the State in subsection (a) shall permit States, upon AND OTHER USES OF THE INTERNET IN FEDERAL ELECTIONS. (as reported in the most recent decennial giving reasonable public notice, to deviate census); divided by from any requirement in the case of unfore- ‘‘(a) STUDY.—The Commission shall con- duct a study on— ‘‘(ii) the total voting age of all eligible seen circumstances such as a natural dis- States which submit an application for pay- aster or a terrorist attack.’’. ‘‘(1) the feasibility of voter registration through the Internet for Federal elections; ments under this part (as reported in the TITLE IV—VOTER REGISTRATION AND and most recent decennial census). IDENTIFICATION ‘‘(2) other uses of the Internet in Federal ‘‘SEC. 298B. AUTHORIZATION OF APPROPRIA- SEC. 401. VOTER REGISTRATION. elections, including— TIONS. (a) IN GENERAL.—Paragraph (4) of section ‘‘(A) the use of the Internet to publicize in- ‘‘(a) IN GENERAL.—In addition to any other 303(b) of the Help America Vote Act of 2002 formation related to Federal elections; and amounts authorized to be appropriated under (42 U.S.C. 15483(b)(4)) is amended by adding ‘‘(B) the use of the Internet to vote in Fed- this subtitle, there are authorized to be ap- at the end the following new subparagraph: eral elections. propriated $10,000,000 for fiscal year 2006 and ‘‘(C) EXCEPTION.—On and after the date of ‘‘(b) REPORT.—Not later than 6 months such sums as are necessary for each subse- the enactment of this Act— after the date of the enactment of the Count quent fiscal year for the purpose of making ‘‘(i) in lieu of the questions and statements Every Vote Act of 2005, the Commission shall payments under section 298A. required under subparagraph (A), such mail transmit to Congress a report on the results ‘‘(b) AVAILABILITY.—Any amounts appro- voter registration form shall include an affi- of the study conducted under subsection priated pursuant to the authority of this sec- davit to be signed by the registrant attesting (a).’’. tion shall remain available until expended.’’. both to citizenship and age; and (2) EFFECTIVE DATE.—The amendments SEC. 403. REQUIREMENT FOR FEDERAL CERTIFI- ‘‘(ii) subparagraph (B) shall not apply.’’. made by this subsection shall take effect on CATION OF TECHNOLOGICAL SECU- RITY OF VOTER REGISTRATION (b) PROCESSING OF REGISTRATION APPLICA- the date of the enactment of this Act. LISTS. TIONS.— SEC. 402. ESTABLISHING VOTER IDENTIFICA- (a) IN GENERAL.—Section 303(a)(3) of the (1) IN GENERAL.—Subtitle C of title III of TION. Help America Vote Act of 2002 (42 U.S.C. (a) IN GENERAL.— the Help America Vote Act of 2002, as added 15483(a)(3)) is amended by striking ‘‘measures (1) IN PERSON VOTING.—Clause (i) of section and amended by this Act, is amended by add- to prevent the’’ and inserting ‘‘measures, as 303(b)(2)(A) of the Help America Vote Act of ing at the end the following new section: certified by the Election Assistance Commis- 2002 (42 U.S.C. 15483(b)(2)(A)(i)) is amended by ‘‘SEC. 329. PROCESSING OF REGISTRATION APPLI- sion, to prevent’’. striking ‘‘or’’ at the end of subclause (I) and CATIONS. (b) EFFECTIVE DATE.—The amendment ‘‘(a) IN GENERAL.—Notwithstanding any by adding at the end the following new sub- made by this section shall take effect on the other provision of law, each State and juris- clause: date of the enactment of this Act. diction shall accept and process a voter reg- ‘‘(III) executes a written affidavit attesting TITLE V—PROHIBITION ON CERTAIN istration application for an election for Fed- to such individual’s identity; or’’. CAMPAIGN ACTIVITIES eral office unless there is a material omis- (2) VOTING BY MAIL.—Clause (ii) of section sion or information that specifically affects 303(b)(2)(A) of the Help America Vote Act of SEC. 501. PROHIBITION ON CERTAIN CAMPAIGN the eligibility of the voter. 2002 (42 U.S.C. 15483(b)(2)(A)(ii)) is amended ACTIVITIES. (a) IN GENERAL.—Title III of the Federal ‘‘(b) PRESUMPTION TO REGISTER.—There by striking ‘‘or’’ at the end of subclause (I), shall be a presumption that persons who sub- by striking the period at the end of sub- Election Campaign Act of 1971 (2 U.S.C. 431 mit voter registration applications should be clause (II) and inserting ‘‘; or’’, and by add- et seq.) is amended by inserting after section registered. ing at the end the following new subclause: 319 the following new section: ‘‘(c) PRESUMPTION TO CURE MATERIAL OMIS- ‘‘(III) a written affidavit, executed by such ‘‘CAMPAIGN ACTIVITIES BY ELECTION OFFICIALS SION.—Each State and jurisdiction shall— individual, attesting to such individual’s AND VOTING SYSTEM MANUFACTURERS ‘‘(1) provide a process to permit voters an identity.’’. ‘‘SEC. 319A. (a) PROHIBITION.— opportunity to cure any material omission (3) EFFECTIVE DATE.—Each State and juris- ‘‘(1) CHIEF STATE ELECTION OFFICIALS.—It within a reasonable period of time; and diction shall be required to comply with the shall be unlawful for any chief State election

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1668 CONGRESSIONAL RECORD — SENATE February 17, 2005 official to take part in prohibited political President, presidential elector, Member of African-American men in the next genera- activities with respect to any election for the Senate, or Member of the House of Rep- tion will be disenfranchised at some point Federal office over which such official has resentatives, Delegates, or Commissioners during their lifetimes. Hispanic citizens are managerial authority. from the Territories or possessions; or also disproportionately disenfranchised, ‘‘(2) VOTING SYSTEM MANUFACTURERS.—It ‘‘(2) the qualifications or restrictions of since those citizens are disproportionately shall be unlawful for any person who owns or voter eligibility for any general, primary, represented in the criminal justice system. serves as the chief executive officer, chief fi- run-off or special election for the office of (L) The discrepancies described in this nancial officer, chief operating officer, or President, Vice President, presidential elec- paragraph should be addressed by Congress, president of any entity that designs or man- tor, Member of the Senate, or Member of the in the name of fundamental fairness and ufacturers a voting system to take part in House of Representatives, Delegates, or Com- equal protection. prohibited political activities with respect to missioners from the Territories or posses- (2) PURPOSE.—The purpose of this title is any election for a Federal office for which a sions to restore fairness in the Federal election voting system produced by such manufac- shall be fined under this title, imprisoned process by ensuring that ex-offenders who turer is used. not more than one year, or both.’’. have fully served their sentences are not de- ‘‘(b) DEFINITIONS.—For purposes of this sec- (c) EFFECTIVE DATE.—The amendments nied the right to vote. tion: made by this section shall take effect on the (c) DEFINITIONS.—In this title: ‘‘(1) CHIEF STATE ELECTION OFFICIAL.—The date of the enactment of this Act. (1) CORRECTIONAL INSTITUTION OR FACIL- term ‘chief State election official’ means the TITLE VII—CIVIC PARTICIPATION BY EX- ITY.—The term ‘‘correctional institution or individual designated as such under section OFFENDERS facility’’ means any prison, penitentiary, 10 of the National Voter Registration Act of SEC. 701. VOTING RIGHTS OF INDIVIDUALS CON- jail, or other institution or facility for the 1993.’’ VICTED OF CRIMINAL OFFENSES. confinement of individuals convicted of ‘‘(2) PROHIBITED POLITICAL ACTIVITIES.—The (a) SHORT TITLE.—This title may be cited criminal offenses, whether publicly or pri- term ‘prohibited political activities’ means as the Civic Participation Act of 2005. vately operated, except that such term does campaigning to support or oppose a can- (b) FINDINGS AND PURPOSE.— not include any residential community didate or slate of candidates for Federal of- (1) FINDINGS.—Congress makes the fol- treatment center (or similar public or pri- fice, making public speeches in support of lowing findings: vate facility). such a candidate, fundraising and collecting (A) The right to vote is the most basic con- (2) ELECTION.—The term ‘‘election’’ contributions on behalf of such a candidate, stitutive act of citizenship and regaining the means— distributing campaign materials with re- right to vote reintegrates offenders into free (A) a general, special, primary, or runoff spect to such a candidate, organizing cam- society. The right to vote may not be election; paign events with respect to such a can- abridged or denied by the United States or (B) a convention or caucus of a political didate, and serving in any position on any by any State on account of race, color, gen- party held to nominate a candidate; political campaign committee of such a can- der, or previous condition of servitude. Basic (C) a primary election held for the selec- didate. constitutional principles of fairness and tion of delegates to a national nominating ‘‘(b) OWNERSHIP.—For purposes of sub- equal protection require an equal oppor- convention of a political party; or section (a)(2), a person shall be considered to tunity for United States citizens to vote in (D) a primary election held for the expres- own an entity if such person controls at least Federal elections. sion of a preference for the nomination of 20 percent, by vote or value, of the entity.’’. (B) Congress has ultimate supervisory persons for election to the office of Presi- (b) EFFECTIVE DATE.—The amendments power over Federal elections, an authority dent. made by this section shall take effect on the that has repeatedly been upheld by the Su- (3) FEDERAL OFFICE.—The term ‘‘Federal date of the enactment of this Act. preme Court. office’’ means the office of President or Vice TITLE VI—ENDING DECEPTIVE (C) Although State laws determine the President, or of Senator or Representative PRACTICES qualifications for voting in Federal elec- in, or Delegate or Resident Commissioner to, SEC. 601. ENDING DECEPTIVE PRACTICES. tions, Congress must ensure that those laws Congress. (a) IN GENERAL.— are in accordance with the Constitution. (4) PAROLE.—The term ‘‘parole’’ means pa- (1) Subsection (b) of section 2004 of the Re- Currently, those laws vary throughout the role (including mandatory parole), or condi- vised Statutes (42 U.S.C. 1971(b)) is amend- Nation, resulting in discrepancies regarding tional or supervised release (including man- ed— which citizens may vote in Federal elections. datory supervised release), imposed by a (A) by striking ‘‘No person’’ and inserting (D) An estimated 4,700,000 individuals in Federal, State, or local court. the following: the United States, or 1 in 44 adults, currently (5) PROBATION.—The term ‘‘probation’’ ‘‘(1) IN GENERAL.—No person’’; and cannot vote as a result of a felony convic- means probation, imposed by a Federal, (B) by inserting at the end the following tion. Women represent about 676,000 of those State, or local court, with or without a con- new paragraph: 4,700,000. dition on the individual involved con- ‘‘(2) DECEPTIVE ACTS.—No person, whether (E) State disenfranchisement laws dis- cerning— acting under color of law or otherwise, shall proportionately impact ethnic minorities. (A) the individual’s freedom of movement; knowingly deceive any other person regard- (F) Fourteen States disenfranchise some or (B) the payment of damages by the indi- ing the time, place, or manner of conducting all ex-offenders who have fully served their vidual; a general, primary, run-off, or special elec- sentences, regardless of the nature or seri- (C) periodic reporting by the individual to tion for the office of President, Vice Presi- ousness of the offense. an officer of the court; or dent, presidential elector, Member of the (G) In those States that disenfranchise ex- (D) supervision of the individual by an offi- Senate, or Member of the House of Rep- offenders who have fully served their sen- cer of the court. resentatives, Delegates, or Commissioners tences, the right to vote can be regained in (d) RIGHTS OF CITIZENS.—The right of an in- from the Territories or possessions; nor shall theory, but in practice this possibility is dividual who is a citizen of the United States any person knowingly deceive any person re- often illusory. to vote in any election for Federal office garding the qualifications or restrictions of (H) In those States that disenfranchise ex- shall not be denied or abridged because that voter eligibility for any general, primary, offenders, an ex-offender’s right to vote can individual has been convicted of a criminal run-off, or special election for the office of only be restored through a gubernatorial offense unless, at the time of the election, President, Vice President, presidential elec- pardon or order, or a certificate granted by a such individual— tor, Member of the Senate, or Member of the parole board. Some States require waiting (1) is serving a felony sentence in a correc- House of Representatives, Delegates, or Com- periods as long as 10 years after completion tional institution or facility; or missioners from the Territories or posses- of the sentence before an ex-offender can ini- (2) is on parole or probation for a felony of- sions.’’. tiate the application for restoration of the fense (2) The heading of section 2004(b) of the Re- right to vote. (e) ENFORCEMENT.— vised Statutes is amended by striking ‘‘OR (I) Offenders convicted of a Federal offense (1) ATTORNEY GENERAL.—The Attorney COERCION’’ and inserting ‘‘COERCION, OR DE- often have additional barriers to regaining General may bring a civil action in a court CEPTIVE ACTS’’. voting rights. Many States do not offer a res- of competent jurisdiction to obtain such de- (b) CRIMINAL PENALTY.—Section 594 of title toration procedure for Federal offenders who claratory or injunctive relief as is necessary 18, United States Code, is amended— have completed supervision. The only meth- to remedy a violation of this section. (1) by striking ‘‘Whoever’’ and inserting od available to such persons is a Presidential (2) PRIVATE RIGHT OF ACTION.— the following: pardon. (A) NOTICE.—A person who is aggrieved by ‘‘(a) INTIMIDATION.—Whoever’’; and (J) Few persons who seek to have their a violation of this section may provide writ- (2) by inserting at the end the following: right to vote restored have the financial and ten notice of the violation to the chief elec- ‘‘(b) DECEPTIVE ACTS.—Whoever knowingly political resources needed to succeed. tion official of the State involved. deceives any person regarding— (K) Thirteen percent of the African-Amer- (B) ACTION.—Except as provided in sub- ‘‘(1) the time, place, or manner of con- ican adult male population, or 1,400,000 Afri- paragraph (C), if the violation is not cor- ducting a general, primary, run-off, or spe- can-American men, are disenfranchised. rected within 90 days after receipt of a notice cial election for the office of President, Vice Given current rates of incarceration, 3 in 10 provided under subparagraph (A), or within

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20 days after receipt of the notice if the vio- is amended by inserting after the matter re- (c) EXEMPTION FROM PAPERWORK REDUC- lation occurred within 120 days before the lating to Columbus Day, the following undes- TION ACT.—Paragraph (1) of section 3502 of date of an election for Federal office, the ag- ignated paragraph: title 44, United States Code, is amended by grieved person may bring a civil action in ‘‘Federal Election Day, the Tuesday next redesignating subparagraphs (B), (C), and (D) such a court to obtain declaratory or injunc- after the first Monday in November in each as subparagraphs (C), (D), and (E), respec- tive relief with respect to the violation. even numbered year.’’. tively, and by inserting after subparagraph (C) ACTION FOR VIOLATION SHORTLY BEFORE (b) CONFORMING AMENDMENT.—Section (A) the following new subparagraph: A FEDERAL ELECTION.—If the violation oc- 241(b) of the Help America Vote Act of 2002 ‘‘(B) the Election Assistance Commis- curred within 30 days before the date of an (42 U.S.C. 15381(b)) is amended by striking sion;’’. election for Federal office, the aggrieved per- paragraph (10) and by redesignating para- (d) NIST AUTHORITY.—Subtitle E of title II son shall not be required to provide notice to graphs (11) through (19) as paragraphs (10) of the Help America Vote Act of 2002, as the chief election official of the State under through (18), respectively. added and amended by this Act, is amended subparagraph (A) before bringing a civil ac- (c) EFFECTIVE DATE.—The amendments by adding at the end the following new sec- tion in such a court to obtain declaratory or made by this section shall take effect on the tion: injunctive relief with respect to the viola- date of the enactment of this Act. ‘‘SEC. 299E. TECHNICAL SUPPORT. tion. SEC. 803. STUDY ON ENCOURAGING GOVERN- ‘‘At the request of the Commission, the Di- (f) RELATION TO OTHER LAWS.— MENT EMPLOYEES TO SERVE AS (1) NO PROHIBITION ON LESS RESTRICTIVE POLL WORKERS. rector of the National Institute of Standards and Technology shall provide the Commis- LAWS.—Nothing in this section shall be con- (a) IN GENERAL.—Subtitle C of title II of strued to prohibit a State from enacting any the Help America Vote Act of 2002 (42 U.S.C. sion with technical support necessary for the State law that affords the right to vote in 15381), as added and amended by this Act, is Commission to carry out its duties under any election for Federal office on terms less amended by redesignating section 250 as sec- this title.’’. restrictive than those terms established by tion 250A and by inserting after section 249 (e) AUTHORIZATION OF APPROPRIATIONS.— this section. the following new section: Section 210 of the Help America Vote Act of 2002 (42 U.S.C. 15330) is amended by striking (2) NO LIMITATION ON OTHER LAWS.—The ‘‘SEC. 250. STUDY ON ENCOURAGING GOVERN- rights and remedies established by this sec- MENT EMPLOYEES TO SERVE AS ‘‘for each of fiscal years 2003 through 2005 tion shall be in addition to all other rights POLL WORKERS. such sums as may be necessary (but not to and remedies provided by law, and shall not ‘‘(a) STUDY.—The Commission shall con- exceed $10,000,000 for each such year)’’ and supersede, restrict, or limit the application duct a study on appropriate methods to en- inserting ‘‘$35,000,000 for fiscal year 2006 (of of the Voting Rights Act of 1965 (42 U.S.C. courage State and local government employ- which $4,000,000 are authorized solely to 1973 et seq.) or the National Voter Registra- ees to serve as poll workers in Federal elec- carry out the purposes of section 299E) and tion Act of 1993 (42 U.S.C. 1973gg et seq.). tions. such sums as may be necessary for the suc- (g) NOTIFICATION OF RESTORATION OF VOT- ‘‘(b) REPORT.—Not later than 6 months ceeding fiscal year’’. ING RIGHTS.—Subtitle C of title III of the after the date of the enactment of the Count (f) EFFECTIVE DATE.—The amendments Help America Vote Act of 2002, as added and Every Vote Act of 2005, the Commission shall made by this section shall take effect on the amended by this Act, is amended by adding transmit to Congress a report on the results date of the enactment of this Act. at the end the following new section: of the study conducted under subsection (a). SEC. 1002. REPEAL OF EXEMPTION OF ELECTION ‘‘SEC. 330. NOTIFICATION OF RESTORATION OF ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— ASSISTANCE COMMISSION FROM VOTING RIGHTS. Of the amount authorized to be appropriated CERTAIN GOVERNMENT CON- ‘‘(a) NOTIFICATION.— under section 210 for fiscal year 2006, $100,000 TRACTING REQUIREMENTS. ‘‘(1) IN GENERAL.—On the date determined shall be authorized solely to carry out the (a) IN GENERAL.—Section 205 of the Help under subsection (b), each State shall notify purposes of this section.’’. America Vote Act of 2002 (42 U.S.C. 15325) is any qualified ex-offender who resides in the (b) EFFECTIVE DATE.—The amendments amended by striking subsection (e). State that such qualified ex-offender has the made by this section shall take effect on the (b) EFFECTIVE DATE.—The amendment right to vote in an election for Federal office date of the enactment of this Act. made by subsection (a) shall apply with re- pursuant to the Civic Participation Act of spect to contracts entered into by the Elec- 2005 and may register to vote in any such TITLE IX—TRANSMISSION OF CERTIFI- CATE OF ASCERTAINMENT OF ELEC- tion Assistance Commission on or after the election. date of enactment of this Act. ‘‘(2) QUALIFIED EX-OFFENDER.—For the pur- TORS pose of this section, the term ‘qualified ex- SEC. 901. TRANSMISSION OF CERTIFICATE OF AS- SEC. 1003. AUTHORIZATION OF APPROPRIATIONS. offender’ means any individual who resides CERTAINMENT OF ELECTORS. Subsection (a) of section 257 of the Help in the State who has been convicted of a (a) IN GENERAL.—Section 6 of title 3, America Vote Act of 2002 (42 U.S.C. 15408(a)) criminal offense and is not serving a felony United States Code, is amended— is amended by adding at the end the fol- sentence in a correctional institution or fa- (1) by inserting ‘‘and before the date that lowing new paragraphs: cility and who is not on parole or probation is 6 days before the date on which the elec- ‘‘(4) For fiscal year 2006, $3,000,000,000. for a felony offense. tors are to meet under section 7,’’ after ‘‘(5) For each fiscal year after 2006, such ‘‘(b) DATE OF NOTIFICATION.—The notifica- ‘‘under and in pursuance of the laws of such sums as are necessary.’’. tion required under subsection (a) shall be State providing for such ascertainment,’’; Mrs. BOXER. Mr. President, today I given on the later of the date on which such and join Senator CLINTON in introducing individual is released from a correctional in- (2) by striking ‘‘by registered mail’’ and in- the Count Every Vote Act of 2005. stitution or facility for serving a felony sen- serting ‘‘by overnight courier’’. tence or the date on which such individual is (b) EFFECTIVE DATE.—The amendments The 2000 election exposed a number of released from parole for a felony offense. made by this section shall take effect on the serious problems with the accuracy and ‘‘(c) DEFINITIONS.—Any term which is used date of the enactment of this Act. fairness of election procedures in this in this section that is also used in the Civic TITLE X—STRENGTHENING THE country, as well as the reliability of Participation Act of 2005 shall have the ELECTION ASSISTANCE COMMISSION certain types of voting technology. As meaning given to such term in that Act. ‘‘(d) EFFECTIVE DATE.—Each State shall be SEC. 1001. STRENGTHENING THE ELECTION AS- a result of those irregularities, many required to comply with the requirements of SISTANCE COMMISSION. eligible voters were effectively this section on and after the date of the en- (a) RULEMAKING AUTHORITY.—Part 1 of sub- disenfrachised and thus deprived of one actment of the Civic Participation Act of title A of Title II of the Help America Vote of our most fundamental rights. 2005.’’. Act of 2002 (42 U.S.C. 15321 et seq.) is amend- In the 2004 election, we again saw se- (h) EFFECTIVE DATE.— ed by striking section 209. rious irregularities when voters across (1) IN GENERAL.—This section shall apply to (b) BUDGET REQUESTS.—Part 1 of subtitle A citizens of the United States voting in any of title II of the Help America Vote Act of this country went to the polls to cast election for Federal office after the date of 2002 (42 U.S.C. 15321 et seq.), as amended by their votes. From untrustworthy elec- the enactment of this Act. subsection (a), is amended by inserting after tronic voting machines, to partisan (2) AMENDMENTS.—The amendment made section 208 the following new section: secretaries of state, to outrageously by subsection (g) shall take effect on the ‘‘SEC. 209. SUBMISSION OF BUDGET REQUESTS. long lines at the polls, the election sys- date of the enactment of this Act. ‘‘Whenever the Commission submits any tem was far from what voters are enti- TITLE VIII—FEDERAL ELECTION DAY ACT budget estimate or request to the President tled to have. SEC. 801. SHORT TITLE. or the Office of Management and Budget, it At Kenyon College in Ohio, for exam- This title may be cited as the ‘‘Federal shall concurrently transmit a copy of such ple, voters were made to wait in line estimate or request to the Congress and to Election Day Act of 2005’’. until nearly 4 a.m. to vote because SEC. 802. FEDERAL ELECTION DAY AS A PUBLIC the Committee on House Administration of HOLIDAY. the House of Representatives and the Com- there were only two machines for 1,300 (a) ELECTION DAY AS A FEDERAL HOLIDAY.— mittee on Rules and Administration of the voters. In the Columbus area alone, an Section 6103(a) of title 5, United States Code, Senate.’’. estimated 5,000 to 10,000 voters left

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1670 CONGRESSIONAL RECORD — SENATE February 17, 2005 polling places, out of frustration, with- izing the Secretary of Agriculture to The Pet Safety and Protection Act of out having voted. In Cleveland, thou- set and enforce standards protecting 2005 strengthens the AWA by prohib- sands of provisional ballots were dis- animals used in biomedical research, iting the use of class B dealers as sup- qualified after poll workers gave faulty bred for commercial sale, exhibited to pliers of dogs and cats to research lab- instructions to voters. the public, or commercially trans- oratories. Contrary to what others Because of these irregularities—as ported from inhumane treatment. De- might say, my legislation will not be a well as voting irregularities in many spite the well-meaning intentions of burden on research facilities because other places—I joined Congresswoman the AWA and the enforcement efforts only 2 percent of the approximately STEPHANIE TUBBS JONES of Ohio in ob- of the U.S. Department of Agriculture, 2,051 class B dealers in the United jecting to the certification of the Ohio USDA, the act fails to provide reliable States currently sell cats and dogs to electoral votes on January 7, 2005. I did protection against the actions of some research facilities. this to cast the light of truth on a unethical animal dealers. I am not here to argue whether ani- flawed system that must be fixed now. Under the AWA, class B animal deal- mals should or should not be used in Americans deserve a system where ers are defined as individuals whose research. Medical research is an in- every vote is counted and can be business includes the purchase, sale, or valuable weapon in the battle against verified. And, Congress must do more transport of animals in commerce, in- disease. New drugs and surgical tech- to give confidence to all of our people cluding dogs and cats intended for use niques offer promise in the fight that their votes matter. at research facilities. To the dismay of against cancer, Alzheimer’s, tuber- In 2002, Congress passed the Help animal welfare advocates and pet own- culosis, AIDS, and a host of other life- America Vote Act (HAVA), which took ers, some class B, or ‘‘random source,’’ threatening diseases. Animal research important steps toward electoral re- dealers have resorted to theft and de- has been, and continues to be, funda- form. Since the enactment of HAVA, ception to collect animals for resale. In mental to advancements in medicine. however, concerns have been raised many instances these animals were However, I am concerned with the sale about the security of voting machines found living under inhumane condi- of stolen pets and stray animals to re- and the inability of the majority of tions. search facilities and the poor treat- voters who may use these machines to As recently as August of 2003, USDA ment of these animals by some class B be able to adequately verify their vote agents executed a warrant to inves- dealers. and to ensure that the vote they in- tigate a class B dealer from Arkansas My legislation preserves the integ- tended was both cast and counted. In suspected of violations of the AWA for rity of animal research by encouraging addition, many other problems in our the second time in several years. Many research laboratories to obtain animals Federal election system—including claims have been levied against this from legitimate sources that comply long wait times in which to vote, the dealer, and approximately 125 dogs with the AWA. Legitimate sources for erroneous purging of voters, voter sup- were seized by federal agents during animals include USDA-licensed class A pression and intimidation, and unequal this week-long search. The complaint dealers, breeders, and research facili- access to the voting process—remain. investigated by the USDA against the ties, municipal pounds and shelters, Last year, I sponsored legislation to dealer alleged that the respondents’ and legitimate pet owners who want to address some of these issues. I also veterinarian provided for them falsified donate their animals to research. joined Senator CLINTON and former official health certificates for cats and These sources are capable of meeting Senator Bob Graham in introducing an dogs, and also provided them with the demand for research animals. The election reform bill. I am pleased to blank, undated, and signed health cer- National Institutes of Health, in an ef- again join Senator CLINTON today to tificates. It also alleged that the dealer fort to curb abuse and deception, have introduce the Count Every Vote Act of failed to provide the barest standards already adopted policies against the 2005—the CEVA Voting Act. It requires of care, husbandry, and housing for the acquisition of dogs and cats from class voting machines to have a voter- animals on the premises. In addition, it B dealers. verified paper trail for use by all indi- alleged that its proprietors were aware The Pet Safety and Protection Act of viduals, including language minority that some of the companion animals 2005 also reduces the USDA’s regu- voters, illiterate voters, and voters brought to the facility were stolen, and latory burden by allowing the Depart- with disabilities; and it mandates na- that the business maintained a list of ment to use its resources more effi- tional standards in the registration of over 50 ‘‘bunchers,’’ individuals who ob- ciently and effectively. Each year, voters and the counting of provisional tain animals and sell them to ‘‘random thousands of dollars are spent on regu- ballots. All provisions of this legisla- source’’ animal dealers. Bunchers have lating dealers. To discourage any fu- tion are to be in effect no later than a variety of methods of obtaining com- ture violations of the AWA, my bill in- the November 2006 Federal election. panion animals, including responding creases the penalties to a minimum of Mr. President, in a democracy, the to newspaper ads offering free animals, $1,000 per violation. vote of every citizen counts. We must trespassing on private property to I reiterate that this bill in no way make sure that every citizen’s vote is abduct the animals from yards, and impairs or impedes research but will counted—and counted accurately and house burglaries. end the fraudulent practices of some fairly so that the American people I am pleased to report that the civil class B dealers, as well as the unneces- have confidence in the results. HAVA trial against this class B dealer was sary suffering of these animals in their was a good first step. The CEVA Voting settled on January 28, 2005. Under the care. I urge my colleagues to support Act is the next step, and I encourage agreement, the dealer and others asso- this important legislation. my colleagues to join me in this effort. ciated with the business had their li- censes permanently revoked. In addi- By Mr. CORZINE: By Mr. AKAKA: tion, fines up to $262,700 were imposed S. 452. A bill to provide for the estab- S. 451. A bill to amend the Animal by the USDA, which included a per- lishment of national and global tsu- Welfare Act to ensure that all dogs and sonal civil penalty of $12,700. The deal- nami warning systems and to provide cats used by research facilities are ob- er also is prohibited from engaging in assistance for the relief and rehabilita- tained legally; to the Committee on any activities under which the licenses tion of victims of the Indian Ocean tsu- Agriculture, Nutrition, and Forestry. were revoked for 5 years. nami and for the reconstruction of tsu- Mr. AKAKA. Mr. President, I rise While this case resulted in a land- nami-affected countries; to the Com- today to reintroduce the Pet Safety mark settlement, I would like to re- mittee on Commerce, Science, and and Protection Act of 2005. My legisla- mind my colleagues that if it were not Transportation. tion amends the Animal Welfare Act to for an outside organization that filed a Mr. CORZINE. Mr. President, I rise ensure that all companion animals complaint with the USDA, this class B today to introduce legislation, the Tsu- such as dogs and cats used by research dealer could still be in operation today. nami Early Warning and Relief Act, to facilities are obtained legally. We, in Congress, need to ensure that significantly decrease losses in the Over 30 years ago, Congress passed dealers such as the one in Arkansas are event of a future tsunami anywhere in the Animal Welfare Act, AWA, author- unable to acquire, house, and sell pets. the world. This bill would direct the

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 17, 2005 CONGRESSIONAL RECORD — SENATE S1671 National Oceanic and Atmospheric Ad- critical to the lives and livelihoods of tion for the establishment of a tsunami ministration, NOAA, to establish and coastal residents in the United States warning system to protect vulnerable areas administer a Global Tsunami Disaster and around the world. For all of us, the around the world, including Atlantic Ocean, Reduction Program, based on the suc- devastating aftermath of the Indian Carribean Sea, Gulf of Mexico, Indian Ocean, cessful program which NOAA operates Mediterranean Sea, and European areas. Ocean tsunami is a call to action that (b) INTERNATIONAL COOPERATION.—The Sec- in the Pacific Ocean. we must improve our reflexes when it retary of State, in consultation with the Di- I traveled to South and Southeast comes to tsunamis. I urge my col- rector of the National Oceanic and Atmos- Asia in the wake of last year’s Indian leagues to consider this legislation, pheric Administration, shall work with for- Ocean tsunami that led to the death of and other tsunami warning systems eign countries that would benefit from the more than 160,000 people and a wide- proposed by my colleagues, and to warning system described in subsection (a), spread humanitarian crisis. What I wit- move forward as quickly as possible so and through international organizations, for nessed in Indonesia, Thailand and Sri that we never again have to see the the purposes of— Lanka was the most incredible destruc- (1) sharing costs; devastation, death, broken families and (2) sharing relevant data; tion I have ever seen. I can only imag- orphaned children that we see right ine that the devastation from the tsu- (3) sharing technical advice for the imple- now in South Asia. mentation of dissemination and evacuation nami rivals Hiroshima and Nagasaki in I ask unanimous consent that the plans; and the level of sheer destruction, damage, text of the Tsunami Early Warning and (4) ensuring that the Global Earth Observa- displacement and loss of life. Relief Act be a printed in the RECORD. tion System of Systems program has access Around the world, and right here in There being no objection, the bill was to and shares openly all relevant informa- the United States, highly populated tion worldwide. ordered to be printed in the RECORD, as coastal areas are vulnerable to poten- SEC. 102. EXPANSION OF UNITED STATES TSU- follows: tial devastation on the scale of the In- NAMI READY PROGRAM. dian Ocean tsunami. As we continue to S. 452 The Director of the National Oceanic and assist our South Asian friends in their Be it enacted by the Senate and House of Rep- Atmospheric Administration shall work with reconstruction effort, we must also do resentatives of the United States of America in coastal communities throughout the United States to build upon local coastal and ocean everything in our ability to reduce Congress assembled, SECTION 1. SHORT TITLE. observing capabilities, improve abilities to human, ecological and economic dam- disseminate tsunami information and pre- age in the event of another tsunami. This Act may be cited as the ‘‘Tsunami Early Warning and Relief Act of 2005’’. pare evacuation plans according to the re- We cannot allow such a natural dis- quirements of the Tsunami Ready program aster to separate families, orphan chil- SEC. 2. FINDINGS. of the National Oceanic and Atmospheric Ad- The Congress finds the following: dren and destroy livelihoods once ministration, and encourage more commu- (1) A tremendous undersea earthquake nities to participate in the program. again. near Sumatra, Indonesia, created a tsunami SEC. 103. SEISMIC ACTIVITY MONITORING. There is no magic solution. Coastal whose devastation spread throughout South The Director of the National Oceanic and areas, by nature, will face significant Asia, Southeast Asia, and East Africa, lead- Atmospheric Administration shall coordi- damage if a tsunami strikes. However, ing to the death of more than 160,000 people nate with the United States Geological Sur- an advance warning would go a long on December 26, 2004. As of February 4, 2005, vey and the Department of State to work more than 140,000 people are still missing. way to reduce the loss of life in par- with other countries to enhance the moni- The tsunami-affected countries include Indo- ticular. Had governments in South toring, through the Global Seismic Network nesia, Sri Lanka, India, Thailand, Maldives, Asia been able to inform their citizens (GSN), of seismic activities that could lead Seychelles, Bangladesh, Burma, Malaysia, of the approaching tsunami, tourists to tsunamis, to support the programs de- Somalia, Kenya, and Tanzania. scribed in sections 101 and 102. would not have been tanning on the (2) The tsunami resulted in massive de- beach and coastal markets would not struction affecting millions of people who SEC. 104. ANNUAL REPORT. have been obliviously going about their now require a great amount of short-term The Director of the National Oceanic and everyday business. While they would survival assistance and long-term rehabilita- Atmospheric Administration shall transmit not have been perfect, rudimentary tion and reconstruction assistance. an annual report to Congress on progress in coastal evacuations could have taken (3) Compared to past disasters, the Indian carrying out this title. place—and as a result we would not see Ocean earthquake and tsunami led to his- SEC. 105. DEFINITION. the awful human cost that I witnessed toric destruction of the social service infra- For purposes of this title, the term structure, businesses, and livelihoods. The ‘‘United States’’ means the several States, this January. the District of Columbia, the Commonwealth We currently operate an effective devastation caused by the tsunami has re- sulted in many separated families and count- of Puerto Rico, the United States Virgin Is- warning system in the Pacific Ocean, less unaccompanied and orphaned children. lands, Guam, American Samoa, the Northern which warns our citizens and coastal (4) An effective global tsunami warning Mariana Islands, and any other common- governments about potential tsunami system is critical for preventing future hu- wealth, territory, or possession of the United threats faced in Hawaii, Alaska and manitarian disasters and for protecting na- States. West Coast states. This system utilizes tional security, since tsunamis occurring SEC. 106. AUTHORIZATION OF APPROPRIATIONS. a sophisticated network of buoys in the anywhere around the globe could impact the There are authorized to be appropriated to Pacific Ocean that monitor rising and United States at home and United States na- the Secretary of Commerce for carrying out falling water levels. Using this data, tional interests abroad. this title— (5) The National Oceanic and Atmospheric and seismic observation of the ocean (1) $38,000,000 for fiscal year 2006; and Administration has already built a system of (2) $32,000,000 for fiscal year 2007 and for floor, NOAA is able to adequately as- tsunami buoys in the Pacific Ocean which each subsequent fiscal year. sess the threat posed to coastal resi- has been proven to provide critical informa- dents by natural activity in the Pacific TITLE II—RELIEF, REHABILITATION, AND tion and enhance the Nation’s response to RECONSTRUCTION ASSISTANCE RELAT- and inform emergency service agencies tsunamis. The National Oceanic and Atmos- ING TO INDIAN OCEAN TSUNAMI in regions that face imminent threats. pheric Administration has the technical ca- The Tsunami Early Warning and Re- pability to upgrade and expand this system SEC. 201. ASSISTANCE. (a) AUTHORIZATION.—The President, acting lief Act would expand NOAA’s success- so that it covers the entire globe and is inte- grated into larger ocean observing efforts. through the Administrator of the United ful Pacific tsunami monitoring and States Agency for International Develop- communications program to the Atlan- (6) Consistent funding and international cooperation would be needed to deploy a ment, is authorized to provide assistance tic Ocean, Caribbean Sea, Indian broader global tsunami warning system. for— Ocean, and other areas around the (7) Effective local emergency management (1) the relief and rehabilitation of individ- world that are vulnerable to tsunamis. capabilities are needed to relay tsunami uals who are victims of the Indian Ocean tsu- Furthermore, this legislation expands warning information to coastal communities nami; and NOAA’s Tsunami Ready Program, and their residents. (2) the reconstruction of the infrastruc- which disseminates tsunami commu- tures of countries affected by the Indian TITLE I—TSUNAMI WARNING SYSTEMS Ocean tsunami, including Indonesia, Sri nications to coastal communities and SEC. 101. GLOBAL PROGRAM. Lanka, India, Thailand, Maldives, coordinates evacuation strategies for (a) ESTABLISHMENT.—The Secretary of Seychelles, Bangladesh, Burma, Malaysia, these regions. Commerce shall establish a Global Tsunami Somalia, Kenya, and Tanzania. In conclusion, expansion of tsunami Disaster Reduction Program within the Na- (b) TERMS AND CONDITIONS.—Assistance warning and readiness programs are tional Oceanic and Atmospheric Administra- under this section may be provided on such

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1672 CONGRESSIONAL RECORD — SENATE February 17, 2005 terms and conditions as the President may Jews fleeing religious persecution in ly and disabled refugees and asylees determine. the former Soviet Union, Iraqi Kurds could be eligible for Supplemental Se- SEC. 202. REPORT. fleeing the Saddam Hussein regime, curity Income, SSI, benefits. These The President shall transmit to Congress, Cubans and Hmong people from the benefits serve as a basic monthly in- on a quarterly basis in 2005, on a biannual basis in 2006, and as determined to be appro- highlands of Laos who served on the come for individuals who are 65 or priate by the President thereafter, a report side of the United States military dur- older, disabled or blind. Over the next 4 on progress in carrying out this title. ing the Vietnam War. They are elderly years, it is estimated that 40,000 refu- SEC. 203. DEFINITION. and unable to work, and have become gees and political asylees could lose In this title, the term ‘‘Indian Ocean tsu- reliant on their SSI benefits as their these important benefits on which they nami’’ means the tsunami that resulted from primary income. To penalize them be- often rely. the earthquake that occurred off the west cause of delays encountered through The 7-year time limit on SSI benefits coast of northern Sumatra, Indonesia, on De- the bureaucratic process seems unjust for legal humanitarian immigrants has cember 26, 2004. and inappropriate. already impacted individuals and fami- SEC. 204. AUTHORIZATION OF APPROPRIATIONS. The administration in its fiscal year lies across the country, and will impact There are authorized to be appropriated to 2006 budget acknowledged the necessity thousands more without Congressional the President to carry out this title such sums as may be necessary for fiscal year 2006 to correct this problem by dedicating action. The provision specifically man- and each subsequent fiscal year. funding to extend refugee eligibility dated that to avoid losing this impor- for SSI beyond the 7-year limit. While tant support, refugees and asylees By Mr. SMITH (for himself, Mr. I am pleased that they have taken the must become citizens within the 7 year KOHL, Mr. LUGAR, Mrs. CLINTON, first step in correcting this problem, I limit. Unfortunately, this has proved Mr. BROWNBACK, Mr. LAUTEN- am concerned the policy does not go impossible for far too many. The proc- BERG, and Mr. FEINGOLD): far enough. Data shows that most peo- ess of becoming a citizen only truly be- S. 453. A bill to amend section 402 of ple will need at least an additional 2 gins after a refugee has resided in the the Personal Responsibility and Work years to navigate and complete the U.S. for 5 years as a lawful permanent Opportunity Reconciliation Act of 1996 naturalization process. Therefore, my resident. And beyond that, there are to provide for an extension of eligi- colleagues and I have introduced this many other barriers, such as language bility for supplemental security in- bill, which will provide a 2-year exten- skills and processing and bureaucratic come through fiscal year 2008 for refu- sion. We believe this will provide the delays within the various agencies, gees, asylees, and certain other human- time necessary to complete the proc- which an immigrant must overcome itarian immigrants; to the Committee ess. . before they become naturalized. Begin- on Finance. I hope my colleagues will join me in ning in 2003, immigrants trapped in Mr. SMITH. Mr. President, I am support of this bill, and I look forward this process—too often the most vul- pleased to be joined today by my col- to working with Chairman GRASSLEY nerable elderly and families—began to leagues, Senators KOHL, LUGAR, LIE- and other members of the Finance lose their SSI benefits with no hope of BERMAN, BROWNBACK, CLINTON, LAUTEN- Committee to secure these changes recourse. BERG, and FEINGOLD, to introduce this during consideration of TANF reau- This inherent flaw in the system has important piece of legislation. Legisla- thorization. to be changed. That is why we are re- tion that will ensure the United States Mr. KOHL. I rise today to join Sen- introducing the SSI Extension for Dis- government does not turn its back on ator SMITH and a bipartisan group of abled and Elderly Refugees Act. This political asylees or refugees who are Senators in introducing the SSI Exten- legislation extends the amount of time the most vulnerable citizens seeking sion for Elderly and Disabled Refugees that refugees and asylees have to be- safety in this great country of ours. Act. This bill builds both on a proposal come citizens to 9 years. In addition, As many of you may know, Congress in the President’s budget, and on legis- the bill contains a ‘‘reach back’’ provi- as part of Personal Responsibility and lation we introduced last year, to serve sion: it retroactively restores benefits Work Opportunity Reconciliation Act, the neediest individuals in our society. to those individuals who have already PRWORA, modified the SSI program to Wisconsin is the home for hundreds lost them for an additional 2 years. include a seven-year time limit on the of thousands of Hmong family members This provision helps the individuals receipt of benefits for refugees and who were resettled there in the years who need it most; humanitarian immi- asylees. This policy was intended to after the Vietnam War, some as re- grants who are trapped in the system balance the desire to have people who cently as the 1990s. Many of these and have lost this important income emigrant to the United States to be- Hmong fought with the CIA in Laos source. come citizens, with an understanding during the Vietnam War, providing Across the country, states are recog- that the naturalization process also critical assistance to U.S. forces. After nizing the peril that faces individuals takes time to complete. To allow ade- the fall of Saigon, thousands of Hmong who lose these benefits. Most recently, quate time for asylees and refugees to fled Laos and its communist Pathet in January, the State of Illinois passed become naturalized citizens Congress Lao government. The United States re- legislation that allows individuals to provided the 7-year time limit before mains indebted to these courageous in- obtain monthly grants through a State the expiration of SSI benefits. dividuals and their families. program, if their Federal SSI benefits Unfortunately, the naturalization In addition to the Hmong, America are suspended. This action highlights process often takes longer than 7 years has served as a shelter for Jews and the need for Congress to act. We cannot because applicants are requited to live Baptists fleeing religious persecution continue to pass the buck to cash- in the United States for a minimum of in the former Soviet Union; and for strapped States. I believe we must act 5 years prior to applying for citizenship Iraqis and Cubans escaping tyrannical now to protect these individuals. and the INS often takes 3 or more dictatorships. Our policy toward refu- I cannot stress how important this years to process the application. Be- gees and asylees embodies the best of legislation is to many in the State of cause of this time delay, many individ- our country—compassion, opportunity, Wisconsin. Last year there were sev- uals are trapped in the system faced and freedom. I am proud of the example eral stories across the state regarding with the loss of their SSI benefits. our policies set with respect to the the plight of Hmong families and indi- If Congress does not act to change treatment of those seeking refuge. viduals whose citizenship has been de- the law, reports show that over the But I am disappointed in our decision layed and were faced with losing their next 4 years nearly 30,000 elderly and to allow these people to enter the coun- benefits. That was a year ago, and Con- disabled refugees and asylees will lose try and then deny them the means to gress failed to pass the legislation that their Supplemental Security Income, live. Thousands of people who fled reli- Senators SMITH, LUGAR, FEINGOLD and I SSI, benefits because their 7-year time gious and political persecution to seek had worked so hard on. We cannot let limit will expire before they become freedom in the U.S. are being punished another year go by without helping citizens. Many of these individuals are by a short-sighted policy. A provision these individuals. elderly who fled persecution or torture in the 1996 welfare reform bill re- In addition to the Hmong population in their home countries. They include stricted the amount of time that elder- in Wisconsin, almost every State in the

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 17, 2005 CONGRESSIONAL RECORD — SENATE S1673 country is home to immigrants who this legislation has the endorsement of Our legislation calls for common- will be affected by the limit. Our coun- the University of Minnesota, the sense changes to management of the try has long been a symbol of freedom, MnSCU student association, the Min- SEVIS system, which tracks inter- equality and opportunity. Our laws neapolis Star Tribune and Rochester national students and visitors. Under should reflect that. Every day that Post Bulletin, and others. Inter- this legislation, the database would be goes by could result in the loss of a ref- national education is a $13 billion in- run more effectively, and fees would be ugee’s support system—I urge my col- dustry, and foreign students who pay collected in a more fair manner. leagues to support this legislation and full tuition help keep costs down for The bill also sets standards for more restore the principles we were put here American students. In Minnesota timeliness and certainty in the student to protect. alone, international students con- visa process, upgrading communication tribute some $175 million to our econ- between government agencies dealing By Mr. COLEMAN (for himself omy. with student visas and enabling them and Mr. BINGAMAN): Finally, I think this is an economic to identify security risks and clear S. 455. A bill to amend the Mutual competitiveness issue too. Attracting those who are not a threat more quick- Educational and Cultural Exchange the world’s top scientific scholars helps ly. Act of 1961 to facilitate United States to keep our economy competitive. Too I spent time in Minnesota last Friday openness to international students, many of the world’s best scientists are listening to my constituents’ views scholars, scientists, and exchange visi- opting against studying in the U.S. be- about this bill and the positive effect it tors, and for other purposes; to the cause of the barriers we have imposed. would have on Minnesota colleges and Committee on Foreign Relations. We need the world’s best and brightest universities. The response was over- Mr. COLEMAN. Mr. President, today to continue to do their research here, whelming. These summits prompted I am introducing legislation to reverse and to continue to use their talents to me to add a section to the bill dealing the decline in the number of inter- improve American innovation and ulti- specifically with students who have to national students studying at Amer- mately create American jobs. Many of return home for family emergencies, ican colleges, universities, and high America’s most innovative business and a section to help intensive English schools. I am very pleased to be joined leaders and top CEOs came to the U.S. programs compete with their counter- by my friend and colleague, Senator as international students. parts in the U.K. and Australia. BINGAMAN, who cares deeply about At the same time, laws are in place We have often seen that prejudice is these issues as I do. to make sure companies hire American bred by isolation. Those who only look Policies implemented to keep our workers first, and my legislation would at this country through a keyhole can country safe in the wake of September not change that. That’s why I will in- draw all kinds of outrageous conclu- 11 have had the unintended con- troduce legislation, the COMPETE Act, sions. But exposure and interaction sequence of dramatically reducing the that will make sure American students bring people together. Especially in a number of international students have the math, science, and engineer- time when we are burdened with the studying in the United States. Total ing skills needed to stay competitive. question, ‘‘Why do they hate us?’’ we international applications to U.S. grad- While the State Department has need to enhance those opportunities for uate schools fell 28 percent from fall made some very important strides, people to see us as we really are. Inter- 2003 to fall 2004, and 54 percent of all such as extending the validity of Visas national exchanges present precisely English as a Second Language (ESL) Mantis security clearances and speed- this opportunity. programs have reported declines in ing up their processing time, there are International education brings too overall applications at a time where still too many qualified students un- much to our campuses, our commu- countries such as the U.K., Canada, and able to get visas to study in America, nities, our economy and our national Australia are experiencing increases. and too many who today are deterred security to become another victim of Why is this a concern for our coun- from even applying. the age of terrorism. If we can take try? That’s why I am pleased once again ACTION to reverse the decline now, all From a foreign policy perspective, to join with my friend the Senator Americans will reap the benefits for America needs all the Ambassadors of from New Mexico in introducing the decades to come. goodwill we can get. In a world that American Competitiveness Through I ask unanimous consent that the too often hates Americans because International Openness Now (ACTION) text of the bill be printed in the they do not know us, international Act. Our bill calls for a number of steps RECORD. education represents an opportunity to that would help America regain our There being no objection, the bill was break down barriers. It is in our local place as the top destination for inter- ordered to be printed in the RECORD, as and national interest for the best and national students, scholars, scientists follows: brightest foreign students to study in and exchange visitors. S. 455 America because these are people who First, our bill calls for a strategic marketing plan similar to strategies Be it enacted by the Senate and House of Rep- will lead their nations one day. The ex- resentatives of the United States of America in perience they gain with our democratic implemented by the U.K., E.U., Canada Congress assembled, system and our values gives them a and Australia to help America regain SECTION 1. SHORT TITLE. better understanding of what America lost ground in attracting the world’s This Act may be cited as the ‘‘American is and who Americans are. best and brightest. There is a percep- Competitiveness Through International My caseworkers in Minnesota have tion around the world that America is Openness Now Act of 2005’’ or as the ‘‘AC- dealt with literally hundreds of student no longer a welcoming place, so we TION Act of 2005’’. visas cases. One case in particular need to be deliberate and smart in our SEC. 2. FINDINGS. stands out—that of Humphrey efforts to change that view. Congress makes the following findings: Tusimiirwe, a brilliant student from The bill calls for more realistic (1) The United States has a strategic inter- Uganda who was having difficulty get- standards for visa evaluations by up- est in encouraging international students, ting his student visa for study at St. dating a 50-year old criterion for visa scholars, scientists, and exchange visitors to approval and admittance to the United visit the United States to study, collaborate Thomas. Fortunately, after several in research, and to develop personal relation- calls to the U.S. Ambassador, Hum- States. Under the so-called 214(b) rule, ships. phrey’s story ultimately had a happy young people currently need to prove (2) Openness to international students, ending, and he is going to be part of that they have ‘‘essential ties’’ to their scholars, scientists, and exchange visitors our panel at the University of Min- home countries and no intention of serves vital and longstanding national for- nesota. But too many other students emigrating to the U.S. But in this age eign policy, educational, and economic inter- are barred from coming to study in of globalization, it is increasingly dif- ests and the erosion of such openness under- America, and far too many are choos- ficult for a 20-year old to do this. Many mines the national security interests of the ing to not study in the U.S. and instead have lived and studied in other coun- United States. go elsewhere. tries, and some have lost their parents (3) Educating successive generations of fu- I have heard from Minnesota’s col- to AIDS. They don’t own a house or a ture world leaders has long been a founda- tion of the United States international influ- leges and universities. The presence of business, they don’t have spouses or ence and leadership. international students on campuses children. Consular officers treat every (4) Open scientific exchange enables the gives American students an irreplace- student as an intending immigrant, United States to benefit from the knowledge able opportunity to learn about other and it is exceedingly difficult for a stu- of the world’s top students and scientists and cultures and points of view. That’s why dent to prove otherwise. has been a critical factor in maintaining the

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1674 CONGRESSIONAL RECORD — SENATE February 17, 2005 United States leadership in science and tech- Illegal Immigration Reform and Immigrant procity agreements referred to in subsection nology. Responsibility Act of 1996 (Division C of Pub- (b). (5) International students studying in the lic Law 104–208; 110 Stat. 3009–546). ‘‘(2) CONTENT.—An annual report submitted United States and their families contribute SEC. 4. AMENDMENT TO THE MUTUAL EDU- under this subsection shall include a descrip- nearly $13,000,000,000 to the United States CATIONAL AND CULTURAL EX- tion of the following: economy each year, making higher edu- CHANGE ACT OF 1961. ‘‘(A) Measures undertaken to enhance ac- cation a major service sector export. The Mutual Education and Cultural Ex- cess to the United States by foreign stu- (6) The total number of applications sub- change Act of 1961 (22 U.S.C. 2451 et seq.) is dents, scholars, scientists, and exchange visi- mitted by foreign applicants to graduate amended by adding at the end the following: tors and to improve inter-agency coordina- schools in the United States for enrollment ‘‘SEC. 115. STRATEGIC PLAN FOR INTER- tion with regard to foreign students, schol- during the fall of 2004 declined 28 percent NATIONAL EDUCATIONAL EX- ars, scientists, and exchange visitors. from the number of such applications sub- CHANGE. ‘‘(B) Measures taken to negotiate recip- mitted for enrollment during the fall of 2003. ‘‘(a) REQUIREMENT FOR PLAN.— rocal agreements referred to in subsection (7) The total number of foreign students ‘‘(1) IN GENERAL.—Not later than 180 days (b). enrolled in graduate schools in the United after the date of enactment of the ACTION ‘‘(C) The number of foreign students, schol- States during the fall of 2004 declined 6 per- Act of 2005, the President, in consultation ars, scientists, and exchange visitors who ap- cent from the number of such enrollments with institutions of higher education in the plied for visas to enter the United States, during the fall of 2003. United States, organizations that participate disaggregated by applicants’ fields of study (8) The number of foreign students enrolled in international exchange programs, and or expertise, the number of such visa appli- in schools in the United States during the other appropriate groups, shall develop a cations that are approved, the number of 2003–2004 academic year decreased by 2.4 per- strategic plan for enhancing the access of such visa applications that are denied, and cent from the number of such students the foreign students, scholars, scientists, and ex- the reasons for such denials. 2002–2003 academic year, marking the first change visitors to the United States for ‘‘(D) The average processing time for an absolute decline in foreign enrollments since study and exchange activities. application for a visa submitted by a foreign the 1971–1972 academic year. ‘‘(2) CONTENT.—The strategic plan shall in- student, scholar, scientist, or exchange vis- (9) The policies implemented by the United clude the following: itor. States since September 11, 2001, and the pub- ‘‘(A) A marketing plan that utilizes the ‘‘(E) The number of applications for a visa lic perceptions they have engendered, have Internet and other media resources to pro- submitted by foreign students, scholars, sci- discouraged many foreign students from mote and facilitate study in the United entists, or exchange visitors that require studying in the United States and have frus- States by foreign students. inter-agency review. trated the efforts of many foreign scholars ‘‘(B) A clear division of responsibility that ‘‘(F) The number of applications for a visa and exchange visitors from visiting the eliminates duplication and promotes inter- submitted by foreign students, scholars, sci- United States. agency cooperation with regard to the roles entists, or exchange visitors that were ap- (10) The United States must improve its of the Departments of State, Commerce, proved after receipt of such applications in student, scholar, scientist, and exchange vis- Education, Homeland Security, and Energy each of the following: itor screening process to protect against ter- in promoting and facilitating access to the ‘‘(i) Less than 15 days. rorists seeking to harm the United States. United States for foreign students, scholars, ‘‘(ii) Between 15 and 30 days. (11) The United States has seen a dramatic scientists, and exchange visitors. ‘‘(iii) Between 31 and 45 days. increase in requests for Visa Mantis checks, ‘‘(C) A mechanism for institutionalized co- ‘‘(iv) Between 46 and 60 days. checks designed to protect against illegal ordination of the efforts of Departments of ‘‘(v) Between 61 and90 days. transfers of sensitive technology, from ap- State, Commerce, Education, and Homeland ‘‘(vi) More than 90 days. proximately 1,000 in fiscal year 2000 to ap- Security in facilitating access to the United ‘‘(3) SUBMISSION OF REPORT.—Not later than proximately 18,500 in fiscal year 2004. States for foreign students, scholars, sci- November 30 2005, and annually thereafter (12) Concerns related to the international entists, and exchange visitors. through 2008, the President shall submit to student monitoring system known as ‘‘(D) A plan to utilize the educational ad- Congress the report described in this sub- ‘‘SEVIS’’ have also contributed to the de- vising centers of the Department of State section.’’. cline in the number of foreign applicants to that are located in foreign countries to pro- SEC. 5. FAIRNESS IN THE SEVIS PROCESS. educational institutions in the United mote study in the United States and to States. prescreen visa applicants. (a) REDUCED FEE FOR SHORT-TERM STUDY.— (13) Other countries have instituted aggres- ‘‘(E) A description of the lines of authority (1) IN GENERAL.—Section 641(e)(4)(A) of the sive strategies for attracting foreign stu- and responsibility for foreign students in the Illegal Immigration Reform and Immigrant dents, scholars, and scientists, and have ad- Department of Commerce. Responsibility Act of 1996 (8 U.S.C. justed their policies to encourage and ac- ‘‘(F) A description of the mandate related 1372(e)(4)(A)) is amended by striking the sec- commodate access to universities and sci- to foreign student and scholar access to edu- ond sentence and inserting ‘‘Except as pro- entific exchange. One such country, Aus- cational institutions in the United States for vided in subsection (g)(2), the fee imposed on tralia, has increased enrollment by foreign the Department of Education. any individual may not exceed $100, except students in educational institutions in Aus- ‘‘(G) Streamlined procedures within the that in the case of an alien admitted under tralia by more than 53 percent since 2001. Department of Homeland Security related to subparagraph (J) of section 101(a)(15) of the (14) The European Union has set forth a foreign students, scholars, scientists, and ex- Immigration and Nationality Act (8 U.S.C. comprehensive strategy to be the ‘‘most change visitors. 1101(a)(15)) as an au pair, camp counselor, or competitive and dynamic knowledge-based ‘‘(H) Streamlined procedures to facilitate participant in a summer work travel pro- economy in the world’’ by 2010. Part of this international scientific collaboration. gram, the fee shall not exceed $35 and that in strategy is aimed at enhancing economic ‘‘(3) SUBMISSION TO CONGRESS.—Not later the case of an alien admitted under subpara- competitiveness by making the European than 180 days after the date of enactment of graph (F) of such section (8 U.S.C. Union the most favorable destination for the ACTION Act of 2005, the President shall 1101(a)(15)(F)) for a program that will not ex- students, scholars, and researchers from submit the strategic plan to the Committee ceed 90 days, the fee shall not exceed $35.’’. other regions of the world. on Foreign Relations of the Senate and the (2) TECHNICAL AMENDMENTS.—Such section (15) In order to maintain United States Committee on International Relations of the is further amended— competitiveness in the world economy, build House of Representatives. (A) in the first sentence, by striking ‘‘At- vital relationships with future world leaders, ‘‘(b) RECIPROCITY AGREEMENTS.—It is the torney General’’ and inserting ‘‘Secretary of and improve popular perceptions of the sense of Congress that the United States Homeland Security’’; and United States overseas, the United States re- should negotiate reciprocity agreements (B) in the third sentence, by striking ‘‘At- quires a comprehensive strategy for recruit- with foreign countries with the goal of mu- torney General’s’’ and inserting ‘‘Sec- ing foreign students, scholars, scientists, and tual agreement on extending the validity of retary’s’’. exchange visitors. student and scholar visas to 4 years and per- (b) REPORT ON IMPROVING FEE COLLEC- SEC. 3. DEFINITIONS. mitting multiple entry on student and schol- TION.—Not later than 60 days after the date In this Act: ar visas. of enactment of this Act, the Secretary of (1) APPROPRIATE CONGRESSIONAL COMMIT- ‘‘(c) ANNUAL REPORT.— Homeland Security and the Secretary of TEES.—The term ‘‘appropriate congressional ‘‘(1) REQUIREMENT.—The President, acting State shall jointly submit to the appropriate committees’’ means the Committee on For- through the Secretary of State, in consulta- congressional committees a report on the eign Relations of the Senate and the Com- tion with the Secretary of Education, Sec- feasibility of— mittee on International Relations of the retary of Commerce, Secretary of Homeland (1) entering data into the SEVIS database House of Representatives. Security, and Secretary of Energy, shall sub- and collecting the fee required by section (2) SEVIS.—The term ‘‘SEVIS’’ means the mit to Congress an annual report on the im- 641(e) of the Illegal Immigration Reform and program to collect information relating to plementation of the strategic plan required Immigrant Responsibility Act of 1996 (8 nonimmigrant foreign students and other ex- by subsection (a) and on any negotiations U.S.C. 1372(e)) only after the applicant’s visa change program participants required by the with foreign countries related to the reci- has been approved; or

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 17, 2005 CONGRESSIONAL RECORD — SENATE S1675 (2) refunding the fee required by such sec- (A) give consulates appropriate discretion to carry out this Act, including for the con- tion in the event that the applicant’s visa to grant waivers of personal appearance for sular affairs and educational and cultural ex- has been denied. foreign students, scholars, scientists and ex- change functions of the Department of State, SEC. 6. REFORMING SEVIS DATABASE MANAGE- change visitors in order to minimize delays the visa application review and SEVIS data- MENT. for legitimate travelers while permitting base management function of the Depart- (a) IN GENERAL.—The Secretary of Home- more thorough interviews of visa applicants ment of Homeland Security, for the Depart- land Security and the Secretary of State in appropriate cases; ments of Education, Commerce, and State to shall— (B) establish a presumption of visa ap- develop an implement a marketing plan to (1) develop policies that permit authorized proval for frequent visitors who have pre- attract international students, scholars, sci- representatives of SEVIS-approved schools viously been granted visas for the same pur- entists, and exchange visitors, and for data- or programs to make corrections to a stu- pose and who have no status violations and base improvements in the Federal Bureau of dent, scholar, or exchange visitor’s record di- for people previously approved for visas who Investigations as specified in section 7. rectly within the SEVIS database; had to depart the United States for family Mr. BINGAMAN. Mr. President, I rise (2) in the case of such corrections that can- emergencies; and (C) give appropriate discretion, according today, along with Senator COLEMAN, to not be made by such representatives, ensure introduce the American Competitive- that sufficient resources are made available to criteria developed at each post and ap- to enable such corrections to be made in a proved by the Secretary of State, to view as ness Through International Openness timely manner; ‘‘recreational in nature’’ courses of a dura- Now (‘‘ACTION’’) Act of 2005. (3) develop policies to prohibit the deten- tion no more than 1 semester or its equiva- A few days ago, I came to the Senate tion or deportation of a student who is found lent, and not awarding certification, license floor to discuss the importance of the to be out of status as a result of a SEVIS or degree, for purposes of determining appro- United States taking steps to ensure database error; and priateness to visitor status. that we remain the world leader in (4) review the regulations and technology (2) TIMELINESS STANDARDS.—Not later than 60 days after the date of enactment of this terms of scientific research and inno- used in the SEVIS system, in order to vation. There is a global competition streamline processes and reduce the time re- Act, the President shall publish final regula- quired for SEVIS-approved universities and tions for inter-agency review of visa applica- underway for dominance in science and programs to perform data entry tasks. tions requiring security clearances which es- technology, and I remain concerned (b) REPORT.—Not later than 180 days after tablish the following standards for timeli- that the federal resources we are allo- the date of enactment of this Act, the Sec- ness for international student, scholar, sci- cating for research and development retary of Homeland Security and the Sec- entist, and exchange visitor visas that— are completely insufficient. At a time retary of State shall jointly submit to the (A) establish a 15-day standard for re- sponses to the Department of State by other when other countries are investing appropriate congressional committees a re- more in R & D, we are cutting back port on the implementation of this section. agencies involved in the clearance process; (B) establish a 30-day standard for com- Federal support of key science pro- SEC. 7. INTEROPERABLE DATA SYSTEMS. pleting the entire inter-agency review and grams. Our Nation’s economic competi- (a) RESPONSIBILITIES OF THE FBI DIREC- advising the consulate of the result of the re- tiveness depends on reversing this TOR.—The Director of the Federal Bureau of view; Investigation shall take the steps necessary trend. (C) provide for expedited processing of any We must also do all we can to con- to ensure that the Federal Bureau of Inves- visa application with respect to which a re- tigation has full connectivity to the Con- view is not completed within 30 days, and for tinue to develop a highly skilled do- sular Consolidated Database. advising the consulate of the delay and the mestic workforce. It is paramount that (b) REPORT.—Not later than 180 days after estimated processing time remaining; and we improve math and science edu- the date of enactment of this Act, the Direc- (D) establish a special review process to re- cation in our school systems, and spend tor of the Federal Bureau of Investigation solve any cases whose resolution is still more on graduate education in science shall report to the Committee on the Judici- pending after 60 days. ary of the Senate and the Committee on the and engineering. Maintaining the (d) STANDARDS FOR VISA EVALUATIONS.— world’s best education system is essen- Judiciary of the House of Representatives on (1) IN GENERAL.—Section 101(a)(15)(F)(i) of the Director’s progress in ensuring that the the Immigration and Nationality Act (8 tial for ensuring Americans well-pay- Federal Bureau of Investigation has full U.S.C. 1101(a)(15)(F)(i)) is amended— ing jobs and critical for our economic connectivity to the Consular Consolidated (A) by striking ‘‘having a residence in a and national security. Database. foreign country which he has no intention of Another area that we must also ad- SEC. 8. FACILITATING ACCESS. abandoning’’ and inserting ‘‘having the in- dress in order to ensure U.S. competi- (a) FINDING.—Congress finds that improve- tention, capability, and sufficient financial tiveness in the world economy is visa ments in visa processing would enhance the resources to complete a course of study in processing for scientists, engineers, national security of the United States by— the United States’’; and and students wishing to come to the (1) permitting closer scrutiny of visa appli- (B) by striking ‘‘and solely’’ after ‘‘tempo- United States. Red tape and delays, al- cants who might pose threats to national se- rarily’’. curity; and (2) PRESUMPTION OF STATUS.—Section 214(b) though improving, still plague our (2) permitting the timely adjudication of of the Immigration and Nationality Act (8 overseas embassies and threaten our visa applications of those whose presence in U.S.C. 1184(b)) is amended by striking ‘‘sub- long-term economic security. the United States serves important national paragraph (L) or’’ and inserting ‘‘subpara- The ACTION Act of 2005 would ad- interests. graph (F), (J), (L), or’’. dress this important issue. (b) SENSE OF CONGRESS.—It is the sense of (e) REPORT.—Not later than 180 days after A country’s immigration system Congress that improvements in visa proc- the date of enactment of this Act, the Sec- helps determines its relationship to the retary of State shall report to appropriate essing should include— global marketplace. The system can ei- (1) an operational visa policy that articu- congressional committees on— lates the national interest of the United (1) the feasibility of expediting visa proc- ther be conducive to the free flow of States in denying entry to visitors who seek essing for participants in official exchange ideas, scientists, and international to harm the United States and in opening programs, and for students, scholars, sci- business ventures, or it can provide dis- entry to legitimate visitors, to guide con- entists and exchange visitors through incentives to the flow of international sular officers in achieving the appropriate prescreening of applicants by the govern- talent and scientific collaboration. balance; ment or a university in the country in which Since September 11, the United (2) a greater focus by the visa system on the individual resides, a Department of State States has adopted a number of visa visitors who require special screening, while educational advising center located in a for- policies aimed at making the United minimizing delays for legitimate visitors; eign country, or other appropriate entity; (3) a timely, transparent, and predictable (2) the feasibility of developing the capa- States and the traveling public more visa process, through appropriate guidelines bility to collect biometric data without re- secure. Unfortunately, those policies for inter-agency review of visa applications; quiring an applicant for a visa to appear in have also had a significant impact on and person at a United States mission in a for- scientific collaboration with other (4) a provision of the necessary resources eign country; and countries and have made it problem- to fund a visa processing system that meets (3) the implementation of the guidance de- atic for exchange students to come to the requirements of this Act. scribed in subsection (b), including the train- the United States with the ease they (c) VISA PROCESSING.— ing of consular officers, and the effect of once enjoyed. While the United States (1) IN GENERAL.—Not withstanding any such guidance and training on visa proc- other provision of law, not later than 60 days essing volume and timeliness. has an obligation to thoroughly vet after the date of enactment of this Act, the SEC. 9. AUTHORIZATION OF APPROPRIATIONS. visa applicants, we need to find ways to Secretary of State shall issue appropriate There are authorized to be appropriated do so that keep us engaged with the guidance to consular officers in order to— such sums as may be necessary to carry out rest of the world and keep our efforts

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1676 CONGRESSIONAL RECORD — SENATE February 17, 2005 focused on those that seek to do us quiring the President to develop a stra- like in other proposals under consider- harm. tegic plan to enhance the recruitment ation, a person participating in reha- Our international economic competi- and access of students, scholars, and bilitation can be counted as engaged in tors are taking proactive steps to en- scientist coming to the United States; work activity for three months. After courage highly talented students and reforming the SEVIS system, which the first three months, if a person con- graduates to come to their countries tracks students, to allow approved tinues to need rehabilitative services, and study in their universities. In con- schools to make corrections to a stu- the State can continue to count par- trast, the attitude that the United dent’s record to correct database er- ticipation in those activities for an- States seems to be projecting to highly rors; and by facilitating that the FBI other three months, so long as that talented foreign scientists and students and the State Department develop person is engaged in some number of is one of complacency. This not only interoperable data systems. work hours, to be determined by the damages our image abroad, but also Openness to international students State. hampers research in the nation’s lab- and scientist is an important aspect of The next step of my proposal builds oratories and universities. maintaining American competitiveness on the concept of partial credit that is Recent studies from the National in the world economy, and I ask my being considered in the Senate Finance Science Foundation and the Council of fellow colleagues to join me in sup- Committee. If, after six months, a Graduate Schools, as well as State De- porting this essential bill. State determines that a person has a partment statistics, have documented continuing need for rehabilitative serv- a sharp decline in the foreign students By Mr. SMITH (for himself, Mr. ices, the State may create a package seeking advanced scientific and tech- JEFFORDS, Mr. CHAFEE, Mr. that combines work activity with these nical degrees in graduate schools ROCKEFELLER, and Ms. COL- services. The State will receive credit across the United States. The National LINS): for the individual’s efforts so long as at Science Foundation has found that the S. 456. A bill to amend part A of title least one-half of the hours in which the combination of an overly restrictive IV of the Social Security Act to permit individual participates are in core U.S. policy towards issuing visas, the a State to receive credit towards the work activities. For example, if a State growing perception that the United work requirements under the tem- receives full credit for a person who States is hostile to foreigners, and the porary assistance for needy families works 30 hours per week, and the State increase in opportunities overseas has program for recipients who are deter- has determined that an individual significantly challenged our ability to mined by appropriate agencies working needs rehabilitative services beyond attract the best and brightest from in coordination to have a disability and six months, that individual would need around the world to come to the U.S. to be in need of specialized activities; to be engaged in core work activities to study and engage in open scientific to the Committee on Finance. for at least 15 hours per week to get exchange. Mr. SMITH. Mr. President, I rise full credit, with the remaining 15 hours The 2003–2004 academic year marked today to introduce the Pathways to spent in rehabilitative services. Simi- the first absolute decline in foreign Independence Act of 2005, along with larly, if partial credit is available for a student enrollments since the early Senators JEFFORDS, CHAFEE, ROCKE- person who works 24 hours per week, 1970’s. And in the fall of 2004, inter- FELLER, and COLLINS. This bill includes then a State could receive that same national student applications to grad- two important provisions that we will partial credit if the person was engaged uate schools dropped 28 percent from work to include in TANF reauthoriza- in core work activities for at least 12 the same time in 2003. tion. These provisions will help States hours per week, with the remaining 12 In contrast, other countries have in- work with TANF recipients who have hours spent in rehabilitative services. stituted aggressive strategies for at- disabilities to transition them into This approach is appealing for many tracting students, scholars, and sci- work. reasons. First, it allows states to de- entists and have sought to encourage In July 2002, the General Accounting sign a system in which a person can access to universities and promote sci- Office reported that as many as 44 per- move progressively over time from re- entific collaboration. One such exam- cent of TANF families have a parent or habilitation toward work. Second, it ple is Australia, which has increased child with a physical or mental impair- gives states credit for the time and ef- international student enrollment 53 ment. This is almost three times as fort they will need to invest to help percent since 2001. The European Union high as among the non-TANF popu- people move successfully from welfare has also set forth a comprehensive lation in the United States. In eight to work by allowing States to use a strategy to be the ‘‘most competitive percent of TANF families, there is both range of strategies to help these fami- and dynamic knowledge-based econ- a parent and a child with a disability; lies. Third, it creates a more realistic omy in the world’’ by 2010. A key part among non-TANF families, this figure structure for individuals with disabil- of this strategy is aimed at making the is one percent. The GAO’s work con- ities and addictions who may otherwise E.U. the most favorable destination for firmed the findings of earlier studies, fall out of the system either through students, scholars, and researchers including work by the Urban Institute sanction or discouragement, despite from around the world. and the HHS Inspector General. their need for financial support. Fi- Our university system is the envy of These figures mean that we need to nally, this approach is appealing be- the world, and where we have a long- make sure that TANF reauthorization cause it is designed to work within the standing record of producing the best legislation gives States the ability and structure of the final TANF reauthor- trained and most innovative scientists incentives to help families meet their ization bill. and engineers, and we must not con- current needs, while also helping them I look forward to working with my cede our leadership in this area. to move from welfare to work. This is co-sponsors, Senators JEFFORDS, It is also important to note that the lesson that Oregon and many other CHAFEE, ROCKEFELLER, and COLLINS, international students play an impor- States have already learned as they de- and with the Chairman of the Finance tant economic role—the Institute of veloped and refined their TANF pro- Committee on these important provi- International Education recently de- grams. sions in the upcoming months, and I termined that through tuition and liv- The first provision of my bill pro- urge my colleagues to join us in sup- ing expenses, foreign students con- vides a pragmatic approach to helping port of this legislation. tribute roughly $13 billion to the U.S. parents with disabilities and substance I also wish to thank all of the organi- economy. abuse problems receive the treatment zations that have expressed support for In particular, the ACTION Act of 2005 and other rehabilitative services they this bill. I have received support letters would help keep international students will need to succeed in a work setting. from those organizations, and I ask and scientist coming to the United It is designed so that, over time, States unanimous consent that those letters States to participate in essential re- can gradually increase the work activ- be printed in the RECORD search and exchange programs by: im- ity requirements, while continuing to I ask unanimous consent that the proving visa processing in a manner provide clients with rehabilitative text of this bill be printed in the consistent with national security; re- services. Under this proposal, much RECORD.

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 17, 2005 CONGRESSIONAL RECORD — SENATE S1677 There being no objection, the mate- as work activity. Such short limits on reha- National Law Center on Homelessness and rial was ordered to be printed in the bilitative services would be inadequate to Poverty RECORD, as follows: help many families with members with dis- National Mental Health Association abilities find and sustain employment, and, CONSORTIUM FOR CITIZENS National Rehabilitation Association in light of proposed increases in state par- WITH DISABILITIES, National Respite Coalition February 17, 2005. ticipation rates, would discourage states NISH from designing programs and requirements Hon. GORDON SMITH, Paralyzed Veterans of America that work for people with the most severe Senate, The Arc of the United States barriers. United Cerebral Palsy Washington, DC. Your bill will allow states to count reha- Hon. SUSAN M. COLLINS, bilitative services as work activity beyond FEBRUARY 17, 2005. Senate, six months as long as the state TANF agency Washington, DC. Hon. GORDON SMITH, works collaboratively with other public or U.S. Senate, Hon. JOHN D. ROCKEFELLER IV, private agencies in determining disability Washington, DC. Senate. and the services that will be provided and Washington, DC. Hon. SUSAN M. COLLINS, the rehabilitative services are mixed with U.S. Senate, Hon. JAMES M. JEFFORDS, significant work activity. We believe this Washington, DC. Senate, mix of work activities and supports will help Washington, DC. Hon. JOHN D. ROCKEFELLER IV, an individual with severe barriers move to- U.S. Senate, Hon. LINCOLN D. CHAFEE, ward greater independence. The provision Washington, DC. Senate, would allow states to count individuals par- Washington, DC. Hon. JAMES M. JEFFORDS, ticipating in rehabilitative services after six U.S. Senate, DEAR SENATORS SMITH, JEFFORDS, COLLINS, months as long as at least one-half of the Washington, DC. CHAFEE, AND ROCKEFELLER: We are writing to hours in which the individual participates Hon. LINCOLN D. CHAFEE, thank you for introducing legislation that are in core work activities. This will allow addresses a key problem facing TANF fami- U.S. Senate Washington, DC. states to create a progression of work activ- DEAR SENATORS SMITH, JEFFORDS, ROCKE- lies with a parent with a disability. We be- ity hours combined with rehabilitative serv- FELLER, COLLINS, AND CHAFEE: Thank you for lieve that this provision, if included in the ices over time that will assist in moving the introducing the ‘‘Pathways to Independence larger TANF reauthorization bill, will sig- family from welfare to work at a pace that is Act of 2005.’’ The provision included in this nificantly improve the ability of states to designed to lead to success for that family. bill, if included in the TANF reauthorization help families successfully move from welfare CCD is not asking Congress to exempt indi- legislation, will improve the ability of states toward work while also ensuring that the viduals with disabilities from participation to help TANF recipients with disabilities, in- needs of family members with disabilities in the TANF program. On the contrary, we cluding substance abuse problems, to move are met. We enthusiastically support this are looking for the essential assistance and towards work and greater independence. legislation. supports that will help families move off of Your bill improves on provisions in the Consortium for Citizens with Disabilities welfare toward greater independence. Your Personal Responsibility and Individual De- (CCD) is a coalition of national consumer, bill does not create any exemptions from velopment for Everyone (PRIDE) Act, which advocacy, provider and professional organi- participation requirements, and in fact, pro- passed the Senate Finance Committee in the zations headquartered in Washington, DC. vides the necessary assistance and supports last Congress and has now been introduced We work together to advocate for national that can come with participation in the as part of S. 6. The current Senate version of public policy that ensures the self deter- TANF program. Under the bill, states would the PRIDE Act allows states to count reha- mination, independence, empowerment, inte- have to engage the same number of recipi- bilitative services towards the work partici- gration and inclusion of children and adults ents in welfare-to-work activities as under pation rate for up to six months, as long as with disabilities in all aspects of society. the standard set in a new reauthorization some core work activity is combined with The CCD TANF Task Force seeks to ensure law. The provision simply allows states to the rehabilitative services in the second that families that include persons with dis- utilize a broader range of activities to help three-month period. The Smith-Jeffords bill abilities are afforded equal opportunities and recipients with barriers move to work. In builds on this and would allow states to appropriate accommodations under the Tem- short, this is a way to make the TANF pro- count participation in rehabilitative activi- porary Assistance for Needy Families gram work for parents with disabilities and ties beyond six months, so long as the indi- (TANF) block grant. substance abuse problems. The provision vidual participates in at least one-half the The research is clear that many TANF would give states credit when recipients with required core work activity hours. The bill families include a parent or a child with a barriers are engaged in activities and, thus, also would encourage states to work collabo- disability, and in some families, there is will encourage states to assist families with ratively with other agencies that have exper- both a child and a parent with a disability. barriers to progress toward work in a man- tise in identifying disabilities and developing The numbers are high—GAO has found that ner and at a pace that is more tailored to appropriate service plans to address those as many as 44 percent of TANF families have their needs and disabilities. disabilities. a child or a parent with a disability—and Thank you again for introducing this legis- The encouragement of collaboration is a need to be addressed in the policy choices lation and your leadership on this very im- critical component of the bill. It is our expe- that Congress makes in TANF reauthoriza- portant issue. We look forward to working rience that many states have used the flexi- tion. We believe that, by designing policies with you and your staffs to ensure that this bility of current law to begin developing such collaborative approaches to working that take into account the needs of families provision becomes law. with families who face multiple barriers to with a member with a disability, Congress Sincerely, employment and independence. However, we can help the states move greater numbers of American Music Therapy Association are concerned that the increased participa- these families off of welfare and toward American Network of Community Options tion rate requirement contemplated in and Resources greater independence. Without reasonable TANF reauthorization proposals will dis- supports, however, and through no fault of APSE: The Network on Employment courage states from continuing such collabo- their own, these families sometimes fail at Association of University Centers on Dis- rative approaches to helping families work activity and are often subject to inap- ability progress on the pathway to independence. propriate sanctioning and the crises that Bazelon Center for Mental Health Law Unless states are provided more flexibility in flow from abrupt—and often prolonged—loss Brain Injury Association of America determining what activities count towards of income. Center on Budget and Policy Priorities the participation rate, we fear states that Your bill would provide low-income fami- Council for Exceptional Children are already providing critical services will lies with members with disabilities real op- Council of State Administrators of Voca- no longer be able to provide them. portunities to achieve self-sufficiency. Under tional Rehabilitation For example, last year, the Vermont Voca- current law, states have the flexibility—ei- County Welfare Directors Association of tional Rehabilitation Agency, working in ther through a waiver such as Oregon has or California conjunction with the state’s TANF agency, as a result of the caseload reduction credit— Easter Seals reported that it had recently assisted 109 re- to ensure that a parent with a disability, in- Epilepsy Foundation cipients with disabilities in achieving suc- cluding a substance abuse problem, receives Goodwill Industries International cessful employment (defined as stable em- the rehabilitative services she needs in order National Association of Protection and Ad- ployment for 90 days). Only 14 of the 109 to move towards work. In recent years, in- vocacy Systems TANF recipients with disabilities (or 12.8 creasing numbers of states have used this National Association of Research and Train- percent) achieved stable employment in six flexibility as they realized that some parents ing Centers months or less. Without flexibility to go be- would need more specialized help if they National Association of Social Workers yond six months in providing rehabilitative were going to successfully leave TANF. National Association of State Mental Health services to people with disabilities, as pro- Some of the current reauthorization pro- Program Directors vided by the Smith-Jeffords bill, Vermont posals, however, limit states to counting National Association of State Head Injury would have risked penalties by offering reha- three or six months of rehabilitative services Administrators bilitative services beyond six months and 95

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1678 CONGRESSIONAL RECORD — SENATE February 17, 2005 of the 109 TANF recipients with disabilities Black Administrators in Child Welfare Inc. for administering the State program funded would have been unlikely to receive the serv- Brain Injury Association of America under this part determines that an indi- ices they needed to become successfully em- Center for Law and Social Policy vidual described in clause (iv) is not able to ployed. Center on Budget and Policy Priorities meet the State’s full work requirements, but Similarly, drug and alcohol treatment pro- Child Welfare League of America is engaged in activities prescribed by the grams that serve women with children, in- Children Awaiting Parents State, the State may deem the individual as cluding women receiving TANF assistance, Children’s Defense Fund being engaged in work for purposes of deter- generally require more than six months of Children’s Healthcare Is a Legal Duty mining monthly participation rates under services. Indeed, 54 percent of these family- Coalition on Human Needs paragraphs (1)(B)(i) and (2)(B) of subsection based treatment programs extend beyond six Community Anti-Drug Coalitions of America (b) for not more than 3 months in any 24- months and demonstrate successful out- Council for Exceptional Children month period. comes of upwards of 60 percent of parents Council of Learning Disabilities ‘‘(ii) ADDITIONAL 3-MONTH PERIOD.—A State achieving lasting sobriety and family sta- Council of State Administrators of Voca- may extend the 3-month period under clause bilization. Family-based treatment programs tional Rehabilitation (i) for an additional 3 months only if, during combine job training, parenting classes, edu- Easter Seals such additional 3-month period, the indi- cation, and life skills training in their sub- Epilepsy Foundation vidual engages in rehabilitative services pre- stance abuse treatment plans. These pro- Episcopal Community Services scribed by the State and a work activity de- grams also include employment as an essen- Goodwill Industries International scribed in subsection (d) for such number of tial aspect of the treatment plan, when a Helen Keller National Center hours per month as the State determines ap- particular individual is ready to engage in Legal Action Center work. Allowing individuals time to complete propriate. Legal Momentum ‘‘(iii) RULES FOR CREDIT IN SUCCEEDING treatment is critical. An Oregon study Lutheran Services in America showed that those who completed drug treat- MONTHS.— National Alliance of Children’s Trust and ‘‘(I) IN GENERAL.— If the State agency re- ment received wages 65 percent higher than Prevention Funds those who did not. Nationally, SAMHSA re- sponsible for administering the State pro- National Alliance to End Home1essness gram funded under this part works in col- search demonstrates that the longer parents National Association of Protection and Ad- stay in substance abuse treatment programs laboration or has a referral relationship with vocacy Systems other governmental or private agencies with the more likely they are to succeed: of par- National Association of Research and Train- ents who stayed in treatment for more than expertise in disability determinations or ap- ing Centers propriate services plans for adults with dis- six months, 71 percent achieved sustained re- National Association of School Psycholo- covery after completing treatment as well as abilities (including agencies that receive gists funds under this part) and one of these enti- six months post-discharge. National Association of Social Workers The goal should be to help parents with ties determines that an individual treated as National Association of State Mental Health disabilities, including substance abuse prob- being engaged in work under clauses (i) and Program Directors lems, obtain whatever help they need—for (ii) continues to be unable to meet the National Association of State Head Injury however long they need, as determined by State’s full work requirements because of Administrators the state and local agencies working to- the individual’s disability and continuing National Association for Children of Alco- gether—to help them successfully move from need for rehabilitative services after the con- holics welfare to work. Allowing states to receive clusion of the periods applicable under such National Association for Children’s Behav- credit for only a limited number of months clauses, then for purposes of determining ioral Health of rehabilitative services will mean that monthly participation rates under para- National Child Abuse Coalition some parents do not get the intensive help graphs (1)(B)(i) and (2)(B) of subsection (b), National Coalition on Deaf-Blindness they need to succeed. the State may receive credit in accordance National Council of La Raza We are also quite concerned that many of with subclause (II) for certain activities un- National Council on Alcoholism & Drug De- the families who are unable to obtain the dertaken with respect to the individual. pendence services they need will end up in the child ‘‘(II) CREDIT FOR ACTIVITIES UNDERTAKEN National Education Association welfare system. It is the most disadvantaged THROUGH COLLABORATIVE AGENCY PROCESS.— National Indian Child Welfare Association families, those with barriers such as mental Subject to subclause (III), if the State under- National Law center on Homelessness and or physical disabilities or problems with sub- takes to provide services for an individual to Poverty stance abuse, who are at greatest risk of which subclause (I) applies through a col- National Mental Health Association making the transition into the child welfare laborative process that includes govern- National Rehabilitation Association system. mental or private agencies with expertise in Thus, neither families nor states can afford National Respite Coalition disability determinations or appropriate an inflexible and ineffective approach to ad- NISH services for adults with disabilities, the dressing barriers in the TANF program. Paralyzed Veterans of America State shall be credited for purposes of the States must be permitted to count participa- Protestants for the Common Good monthly participation rates determined tion in activities that help parents with dis- Research Institute for Independent Living under paragraphs (1)(B)(i) and (2)(B) of sub- abilities successfully participate in the School Social Work Association of America section (b) with the lesser of— workplace and care for their children, for as The Arc of the United States ‘‘(aa) the sum of the number of hours the long as those activities are needed to help Therapeutic Communities of America individual participates in an activity de- the family progress towards greater inde- United Cerebral Palsy scribed in paragraph (1), (2), (3), (4), (5), (6), pendence. We believe that your bill provides Union for Reform Judaism (7), (8), or (12) of subsection (d) for the month this needed flexibility and will encourage Voices for America’s Children and the number of hours that the individual state agencies to work collaboratively in as- Women of Reform Judaism participates in rehabilitation services under sisting these families. Thank you again for YWCA USA this clause for the month; or introducing this legislation. ‘‘(bb) twice the number of hours the indi- S. 456 Sincerely, vidual participates in an activity described Alliance for Children and Families Be it enacted by the Senate and House of Rep- in paragraph (1), (2), (3), (4), (5), (6), (7), (8), or American Academy of Child and Adolescent resentatives of the United States of America in (12) of subsection (d) for the month. Congress assembled, Psychiatry ‘‘(III) LIMITATION.—A State shall not re- American Association of People with Dis- SECTION 1. SHORT TITLE. ceive credit under this clause towards the abilities This Act may be cited as the ‘‘Pathways to monthly participation rates under para- American Association on Health and Dis- Independence Act of 2005’’. graphs (1)(B)(i) and (2)(B) of subsection (b) ability SEC. 2. STATE OPTION TO RECEIVE CREDIT FOR unless the State reviews the disability deter- American Counseling Association RECIPIENTS WHO ARE DETERMINED mination of an individual to which subclause BY APPROPRIATE AGENCIES WORK- American Dance Therapy Association ING IN COORDINATION TO HAVE A (I) applies and the activities in which the in- American Federation of Teachers DISABILITY AND TO BE IN NEED OF dividual is participating not less than every American Humane Association SPECIALIZED ACTIVITIES. 6 months. American Music Therapy Association (a) IN GENERAL.—Section 407(c)(2) of the ‘‘(iv) INDIVIDUAL DESCRIBED.—For purposes American Network of Community Options Social Security Act (42 U.S.C. 607(c)(2)) is of this subparagraph, an individual described and Resources amended by adding at the end the following: in this clause is an individual who the State APSE: The Network on Employment ‘‘(E) STATE OPTION TO RECEIVE CREDIT FOR has determined has a disability, including a American Professional Society on the Abuse RECIPIENTS WHO ARE DETERMINED BY APPRO- substance abuse problem, and would benefit of Children PRIATE AGENCIES WORKING IN COORDINATION TO from participating in rehabilitative services American Psychological Association HAVE A DISABILITY AND TO BE IN NEED OF SPE- while combining such participation with Association of University Centers on Dis- CIALIZED ACTIVITIES.— other work activities. ability ‘‘(i) INITIAL 3-MONTH PERIOD.—At the option ‘‘(v) DEFINITION OF DISABILITY.—In this sub- Bazelon Center for Mental Health Law of the State, if the State agency responsible paragraph, the term ‘disability’ means a

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 17, 2005 CONGRESSIONAL RECORD — SENATE S1679 physical or mental impairment, including tivities, to participate in a drug treat- S. RES. 58 substance abuse, that— ment program for three months. At the Whereas Howard Henry Baker, Jr., son of ‘‘(I) constitutes or results in a substantial end of this 3-month period, the state Howard Henry Baker and Dora Ladd Baker, impediment to employment; or would be given the opportunity to re- was heir to a distinguished political tradi- ‘‘(II) substantially limits 1 or more major evaluate the status of the individual tion, his father serving as a Member of Con- life activities.’’. gress from 1951 until his death in 1964, his and decide whether to continue treat- (b) EFFECTIVE DATE.—The amendment stepmother Irene Baker succeeding Howard made by subsection (a) takes effect on Octo- ment for an additional 3 months. This Baker, Sr. in the House of Representatives, ber 1, 2005. is the same process that is envisioned and his grandmother Lillie Ladd Mauser hav- Mr. JEFFORDS. Mr. President, it is in the ‘‘Personal Responsibility and In- ing served as Sheriff of Roane County, Ten- a pleasure for me to introduce today, dividual Development for Everyone nessee; along with my colleagues Senators (PRIDE) Act’’ that the Finance Com- Whereas Howard Baker, Jr. served with SMITH, COLLINS, CHAFEE, and ROCKE- mittee is planning to consider this distinction as an officer in the United States Navy in the closing months of World War II; FELLER, the ‘‘Pathways to Independ- spring. The PRIDE approach would Whereas Howard Baker, Jr. earned a law ence Act of 2005.’’ This legislation is then require an individual with a se- degree from the University of Tennessee Law the product of a bipartisan effort to en- vere barrier to meet the same standard School in Knoxville where, during his final sure that those individuals in our wel- as a non-disabled individual. However, year (1948–1949), he served as student body fare system who face the toughest bar- the ‘‘Pathways to Independence Act’’ president; riers to work, such as individuals with would allow the state to continue Whereas after graduation from law school disabilities or substance abuse prob- treatment for the individual, provided Howard Baker, Jr. joined the law firm found- lems, are provided the best opportunity that the individual is meeting at least ed by his grandfather in Huntsville, Ten- for future success and productivity. nessee, where he won distinction as a trial half of the regular work requirements and corporate attorney, as a businessman, This legislation gives states the tools and following their treatment program and as an active member of his community; and incentives necessary to assist them for the remaining hours. Whereas during his father’s first term in in moving individuals from welfare to This is a common sense proposal. It Congress, Howard Baker, Jr. met and mar- work. is consistent with the research on pro- ried Joy Dirksen, daughter of Everett The current welfare system has been viding effective support programs for McKinley Dirksen, a Senator of Illinois, in widely regarded as a success in moving people with disabilities and effective December 1951, which marriage produced a individuals off the welfare rolls, and treatment programs for people strug- son, Darek, in 1953, and a daughter, Cynthia, in 1956; states have been given incentives to do gling with substance abuse leading to Whereas Howard Baker, Jr. was elected to so. While this approach has been re- sustainable employment. By allowing the Senate in 1966, becoming the first popu- garded as successful, it has one major states to count these individuals in the larly elected Republican Senator in the his- flaw. Although the states are provided ‘‘working’’ category, we provide the tory of the State of Tennessee; incentives for removing people from states with the necessary incentives to Whereas during three terms in the Senate, the welfare rolls, no incentives exist engage those most difficult to serve in Howard Baker, Jr. played a key role in a for placing individuals into sustainable meaningful ways that will help them to range of legislative initiatives, from fair employment. States receive the same housing to equal voting rights, the Clean Air work. It will allow the states to place and Clean Water Acts, revenue sharing, the credit for moving a welfare recipient people with disabilities and substance Senate investigation of the Watergate scan- into a high paying job as they do for abuse problems on a pathway to inde- dal, the ratification of the Panama Canal sanctioning that person outright. This pendence. treaties, the enactment of the economic poli- perverse incentive has been particu- The ‘‘Pathways to Independence Act cies of President Ronald Reagan, national larly difficult for the many welfare re- of 2005’’ would supply the states with energy policy, televising the Senate, and cipients who have disabilities or strug- the tools and incentives necessary to more; gle with substance abuse problems. In provide welfare recipients with the Whereas Howard Baker, Jr. served as both Republican Leader of the Senate (1977–1981) many states it is easier to write these greatest chance for independence and and Majority Leader of the Senate (1981– people off than to give them the sup- self-sufficiency. If we truly want to 1985); port necessary to become truly inde- take the necessary steps towards Whereas Howard Baker, Jr. was a can- pendent. achieving this goal and improving upon didate for the Presidency in 1980; In Vermont, approximately 15 per- our current welfare system, this legis- Whereas Howard Baker, Jr. served as cent of the welfare caseload has been lation must be part of any welfare re- White House Chief of Staff during the Presi- diagnosed with a disability and receive form reauthorization that is enacted. dency of Ronald Reagan; Whereas Howard Baker, Jr. served as a services through the Vermont Depart- I would like to thank the members of member of the President’s Foreign Intel- ment of Vocational Rehabilitation. the Consortium for Citizens with Dis- ligence Advisory Board during the Presi- Vermont’s effort to provide these serv- abilities for their help in developing dencies of Ronald Reagan and George H.W. ices enables welfare recipients to, move this legislation and their strong letter Bush; from welfare to work. However, these in support of this initiative. I espe- Whereas following the death of Joy Dirk- services are not included in the core cially want to thank my colleague sen Baker, Howard Baker, Jr. married Nancy work activities allowed under the cur- from Oregon, Senator SMITH, for his Landon Kassebaum, a former Senator of rent welfare law. Vermont receives no commitment to this legislation and all Kansas; Whereas Howard Baker, Jr. served with credit or incentive for moving these in- of our cosponsors in this endeavor. distinction as Ambassador of the United dividuals to independence. This policy f States to Japan during the Presidency of is wrong. If we truly want welfare to be George W. Bush and during the 150th anni- an initiative that helps people to be- SUBMITTED RESOLUTIONS versary of the establishment of diplomatic come independent and self-sufficient, relations between the United States and then our policies must reflect our in- Japan; tentions. That is where ‘‘The Pathways SENATE RESOLUTION 58—COM- Whereas Howard Baker, Jr. was awarded MENDING THE HONORABLE HOW- the Medal of Freedom, the Nation’s highest to Independence Act of 2005’’ comes civilian award; and into play. ARD HENRY BAKER, JR., FOR- MERLY A SENATOR OF TEN- Whereas Howard Baker, Jr. set a standard The ‘‘Pathways to Independence Act of civility, courage, constructive com- of 2005’’ would allow states to count NESSEE, FOR A LIFETIME OF promise, good will, and wisdom that serves certain rehabilitation services for indi- DISTINGUISHED SERVICE as an example for all who follow him in pub- viduals with disabilities and treatment Mr. FRIST (for himself, Mr. BYRD, lic service: Now, therefore, be it for substance abuse toward work ac- Mr. REID, Mr. ALEXANDER, Mr. COCH- Resolved, That the Senate commends its tivities. Here’s how it works: the legis- RAN, Mr. STEVENS, Mr. DOMENICI, Mr. former colleague, the Honorable Howard lation would give states the ability to HATCH, Mr. WARNER, and Mr. LUGAR) Henry Baker, Jr., for a lifetime of distin- count a welfare recipient who is en- submitted the following resolution; guished service to the country and confers gaged in work, or work preparation ac- which was considered and agreed to: upon him the thanks of a grateful Nation.

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1680 CONGRESSIONAL RECORD — SENATE February 17, 2005 SENATE RESOLUTION 59—URGING Code of Conduct on Arms Exports and the Whereas this risk would necessitate a re- THE EUROPEAN UNION TO MAIN- People’s Republic of China has taken con- evaluation by the United States Government TAIN ITS ARMS EXPORT EMBAR- crete steps towards improving the human of procedures for licensing arms and dual-use GO ON THE PEOPLE’S REPUBLIC rights situation in that country. . . [includ- exports to member states of the European ing] by fully respecting the rights of minori- Union in order to attempt to prevent the re- OF CHINA ties’’; transfer of United States exports from such Mr. SMITH (for himself, Mr. BIDEN, Whereas a number of European Union countries to the People’s Republic of China; Mr. BROWNBACK, Mr. KYL, Mr. CHAM- member states have individually expressed Whereas the report of the United States- China Economic and Security Review Com- BLISS, Mr. ENSIGN, and Mr. SHELBY) concern about lifting the European Union arms embargo on the People’s Republic of mission on the Symposia on Transatlantic submitted the following resolution; Perspectives on Economic and Security Re- which was referred to the Committee China, and several have passed resolutions of opposition in their national parliaments; lations with China, held in Brussels, Belgium on Foreign Relations: Whereas the European Union Code of Con- and Prague, Czech Republic from November S. RES. 59 duct on Arms Exports, as a non-binding set 29, 2004, through December 3, 2004, rec- Whereas, on June 4, 1989, the Communist of principles, is insufficient to control Euro- ommended that the United States Govern- Government of the People’s Republic of pean arms exports to the People’s Republic ment continue to press the European Union to maintain the arms embargo on the Peo- China ordered the People’s Liberation Army of China; ple’s Republic of China and strengthen its to carry out an unprovoked, brutal assault Whereas public statements by some major arms export control system, as well as place on thousands of peaceful and unarmed dem- defense firms in Europe and other indicators limitations on United States public and pri- onstrators in Tiananmen Square, resulting suggest that such firms intend to increase vate sector defense cooperation with foreign in hundreds of deaths and thousands of inju- military sales to the People’s Republic of firms that sell sensitive military technology ries; China if the European Union lifts its arms to China; Whereas, on June 5, 1989, President George embargo on that country; Whereas the lax export control practices of H. W. Bush condemned these actions of the Whereas the Department of Defense fiscal the People’s Republic of China and the con- Government of the People’s Republic of year 2004 Annual Report on the Military tinuing proliferation of technology related China, and the United States took several Power of the People’s Republic of China to weapons of mass destruction and ballistic concrete steps to respond to the military as- found that ‘‘[e]fforts underway to lift the Eu- missiles by state-sponsored entities in China sault, including suspending all exports of ropean Union (EU) embargo on China will remain a serious concern of the United items on the United States Munitions List to provide additional opportunities to acquire States Government; the People’s Republic of China; specific technologies from Western sup- Whereas the most recent Central Intel- Whereas, on June 27, 1989, the European pliers’’; ligence Agency Unclassified Report to Con- Union (then called the European Commu- Whereas the same Department of Defense gress on the Acquisition of Technology Re- nity) imposed an arms embargo on the Peo- report noted that the military moderniza- lating to Weapons of Mass Destruction and ple’s Republic of China in response to the tion and build-up of the People’s Republic of Advanced Conventional Munitions, 1 July Government of China’s brutal repression of China is aimed at increasing the options of Through 31 December 2003, found that ‘‘Chi- protestors calling for democratic and polit- the Government of the People’s Republic of nese entities continued to work with Paki- ical reform; China to intimidate or attack democratic stan and Iran on ballistic missile-related Whereas the European Council, in adopting Taiwan, as well as preventing or disrupting projects during the second half of 2003,’’ and that embargo, ‘‘strongly condemn[ed] the third-party intervention, namely by the that ‘‘[d]uring 2003, China remained a pri- brutal repression taking place in China’’ and United States, in a cross-strait military cri- mary supplier of advanced conventional ‘‘solemnly request[ed] the Chinese authori- sis; weapons to Pakistan, Sudan, and Iran’’; ties. . . to put an end to the repressive actions Whereas the June 2004, report to Congress Whereas, as recently as December 20, 2004, against those who legitimately claim their of the congressionally-mandated, bipartisan the United States Government determined democratic rights’’; United States-China Economic and Security that seven entities of the People’s Republic Whereas the poor human rights conditions Review Commission concluded that ‘‘there of China, including several state-owned com- that precipitated the decisions of the United has been a dramatic change in the military panies involved in China’s military-indus- States and the European Union to impose balance between China and Taiwan,’’ and trial complex, should be subject to sanctions and maintain their respective embargoes that ‘‘[i]n the past few years, China has in- under the Iran Nonproliferation Act of 2000 have not improved; creasingly developed a quantitative and (Public Law 106–178; 50 U.S.C. 1701 note) for Whereas the Department of State 2003 qualitative advantage over Taiwan’’; sales to Iran of prohibited equipment or Country Reports on Human Rights Practices Whereas the Taiwan Relations Act (22 technology; and states that, during 2003, ‘‘The [Chinese] Gov- U.S.C. 3301 et seq.), which codified in 1979 the Whereas the assistance provided by these ernment’s human rights record remained basis for continued relations between the entities to Iran works directly counter to poor, and the Government continued to com- United States and Taiwan, affirmed that the the efforts of the United States and several mit numerous and serious abuses,’’ and, fur- decision of the United States to establish European countries to curb illicit weapons thermore, that ‘‘there was backsliding on diplomatic relations with the People’s Re- activities in Iran: Now, therefore, be it key human rights issues during the year’’; public of China was based on the expectation Resolved, That the Senate— Whereas, according to the same Depart- that the future of Taiwan would be deter- (1) strongly supports the United States em- ment of State report, credible sources esti- mined by peaceful means; bargo on the People’s Republic of China; mated that as many as 2,000 persons re- Whereas the balance of power in the Tai- (2) strongly urges the European Union to mained in prison in the People’s Republic of wan Straits and, specifically, the military continue its ban on all arms exports to the China at the end of 2003 for their activities capabilities of the People’s Republic of People’s Republic of China; during the June 1989 Tiananmen demonstra- China, directly affect peace and security in (3) requests that the President raise United tions; the East Asia and Pacific region; States objections to the potential lifting of Whereas the Government of the People’s Whereas the Foreign Minister of Japan, the European Union arms embargo against Republic of China continues to maintain Nobutaka Machimura, recently stated that the People’s Republic of China in upcoming that its crackdown on democracy activists in Japan is opposed to the European Union lift- meetings with European officials; Tiananmen Square was warranted and re- ing its embargo against the People’s Repub- (4) encourages the United States Govern- mains unapologetic for its brutal actions, as lic of China and that ‘‘[i]t is extremely wor- ment to make clear in discussions with Gov- demonstrated by that Government’s han- rying as this issue concerns peace and secu- ernments in Europe that a lifting of the Eu- dling of the recent death of former Premier rity environments not only in Japan but also ropean Union embargo on arms sales to the and Communist Party General Secretary, in East Asia as a whole’’; People’s Republic of China would potentially Zhao Ziyang, who had been under house ar- Whereas the United States has numerous adversely affect transatlantic defense co- rest for 15 years because of his objection to security interests in the East Asia and Pa- operation, including future transfers of the 1989 Tiananmen crackdown; cific region, including the security of Japan, United States military technology, services, Whereas, since December 2003, the Euro- Taiwan, South Korea, and other key areas, and equipment to European Union countries; pean Parliament, the legislative arm of the and the United States Armed Forces, which (5) urges the European Union— European Union, has rejected in four sepa- are deployed throughout the region, would (A) to close any loopholes in its arms em- rate resolutions the lifting of the European be adversely affected by any Chinese mili- bargo on the People’s Republic of China and Union arms embargo on the People’s Repub- tary aggression; in its Code of Conduct on Arms Exports; lic of China because of continuing human Whereas the lifting of the European Union (B) to make its Code of Conduct on Arms rights concerns in China; arms embargo on the People’s Republic of Exports legally binding and enforceable; Whereas the January 13, 2005, resolution of China would increase the risk that United (C) to more carefully regulate and monitor the European Parliament called on the Euro- States troops could face military equipment the end-use of exports of sensitive dual-use pean Union to maintain its arms embargo on and technology of Western, even United technology; and the People’s Republic of China until the Eu- States, origin in a cross-strait military con- (D) to increase transparency in its arms ropean Union ‘‘has adopted a legally binding flict; and dual-use export control regimes;

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 17, 2005 CONGRESSIONAL RECORD — SENATE S1681 (6) deplores the ongoing human rights the Euro-Atlantic tradition, the EU not certain their views can prevail in abuses in the People’s Republic of China; and seems ready to discard it at will. It is Brussels. (7) urges the United States Government foolish for them to call on China to im- I am pleased that my distinguished and the European Union to cooperatively de- prove its human rights record and then colleague, Senator BIDEN, has joined velop a common strategy to seek— me in submitting this resolution today, (A) improvement in the human rights con- talk of rewarding them by lifting the ditions in the People’s Republic of China; embargo. I cringe to think of the mes- along with Senators BROWNBACK, KYL, (B) an end to the military build-up of the sage that sends to the brave Chinese CHAMBLISS, and ENSIGN. People’s Republic of China aimed at Taiwan; dissidents fighting for democracy. President Bush will be traveling to (C) improvement in the export control The EU claims that lifting the em- Europe next week, where he will meet practices of the People’s Republic of China; bargo will not change the status quo. with senior European and EU leaders. and Its argument is based on the EU’s This resolution states our strong sup- (D) an end to the ongoing proliferation by ’Code of Conduct’ that lays out mini- port of the United States arms embar- state-sponsored entities in China of tech- mal standards (including respect for go on China and urges the European nology related to weapons of mass destruc- tion and ballistic missiles. human rights and preservation of re- Union to maintain its embargo as well. Mr. SMITH. Mr. President, I rise gional peace) for EU nations to con- It also urges the President to raise our today to submit a resolution on the sider before approving arms sales. objections to the EU lifting its embar- European Union’s expressed intent to There would be no explosion of mili- go and to engage the Europeans during lift its arms embargo against China. tary sales to China if the embargo is his meetings next week in a discussion During the EU-China summit meet- lifted, EU leaders say. But not only is on how doing so could adversely affect ing last December, the European Union the Code of Conduct ineffective, it is the transatlantic relationship. It en- indicated that it is likely to lift the purely voluntary. And if its terms are courages the EU to examine its current arms embargo it imposed against China violated, it is not legally enforceable. arms control policies, close any loop- after the 1989 Tiananmen Square mas- Even if the EU were to strengthen holes, and examine their trade with sacre. Evidently, the ‘‘strategic part- the code of conduct and improve its China in light of serious human rights nership’’ the EU seeks with China and transparency, I am confident that EU concerns. base economic interests trump the members would ignore its provisions if I believe, and it is expressed in the human rights considerations that were they deem it economically advan- resolution, that this situation presents the reason for instituting the embargo tageous. Otherwise, I doubt their de- us with an opportunity to work with in the first place. How the EU proceeds fense industries would be as enthusi- the EU to strengthen the transatlantic on this issue will reveal a great deal astic about access to the Chinese mar- relationship. By working together ac- about the role it seeks to play in the ketplace. tively on a common strategy to im- world. There are serious consequences if the prove human rights in China, end the In helping the Chinese develop their EU proceeds down this road. By giving Chinese military build-up against Tai- military capabilities, the Europeans China access to advanced military sys- wan, improve Chinese export control see two principal benefits. China’s en- tems, including surveillance and com- practices, and bring an end to the on- hanced military prowess would serve as munication equipment, the EU would going proliferation by state-sponsored a more effective counterweight to be directly responsible for modernizing entities in China of technology related American power, theoretically the Chinese military. On a regional to weapons of mass destruction and strengthening the EU’s hand in inter- basis, the delicate strategic balance in ballistic missiles, we are more likely to national political and strategic deci- the Taiwan straits will be altered, and achieve our common goal. sions. Additionally, European defense as one Pentagon official states, China But I am concerned that the strident industries stand to gain billions of will be able to kill Americans more ef- competitiveness of some senior Euro- euros in Chinese contracts which, for fectively. China’s recent threatening pean leaders and their obsession with EU leaders, seems too good to resist. moves against Japan will be seen as hampering America’s ability to operate Sadly, the EU seems to be giving in more dangerous. And whether the EU in the world is impacting U.S. national to Chinese blackmail. Because China admits it or not, China will have a security interests, rather than purely views the continued arms embargo as greater capability to suppress internal economic or commercial ones. Multi- an international black eye and an em- dissent. polarity is not a policy goal, it’s a rec- barrassing reminder of the Tiananmen This may not matter to Europe. But ipe for disaster. At what cost is the EU crackdown, it has aggressively lobbied they should carefully consider the im- trying to counter American power? In the Europeans to lift it, even saying pact this move would have on the order to play a greater role in the that their trade relationship will be transatlantic relationship that they world, they are willing to risk one that jeopardized if the embargo remains in claim to value. I can guarantee that if is more dangerous. place. the EU lifts its arms embargo against f It is important to remember the rea- China, the Congress will reassess the SENATE RESOLUTION 60—SUP- son for imposing the embargo: China’s close defense and intelligence coopera- PORTING DEMOCRATIC REFORM brutal reaction to the democratic tion that the United States has with IN MOLDOVA AND URGING THE movement in 1989 that resulted in the Europe and work to reverse the liberal- GOVERNMENT OF MOLDOVA TO death of hundreds of Chinese and the ization of technology transfers to our ENSURE A DEMOCRATIC AND imprisonment of thousands more. So, European partners. To do otherwise FAIR ELECTION PROCESS FOR when we consider the future of the em- would be irresponsible. If we share ad- THE MARCH 6, 2005, PARLIAMEN- bargo it seems self-evident to evaluate vanced technology with the EU which TARY ELECTIONS the current state of human rights in then allows China even limited access China today. to it, our forces in the Pacific are more Mr. MCCAIN (for himself, Mr. LUGAR, Though the government’s methods vulnerable to Chinese misadventure. and Mr. BIDEN) submitted the following may be more refined than we saw in Last November, British Foreign Min- resolution; which was considered and June 1989, the situation remains bleak. ister Jack Straw told me that the agreed to: Chinese citizens who attempt to exer- United Kingdom did not want to jeop- S. RES. 60 cise basic rights are dealt with harshly. ardize its close defense relationship Whereas, on August 27, 1991, Moldova de- People are jailed for writing essays. with the U.S. over the arms embargo clared independence from the Soviet Union; Priests are beaten and abused. Church- issue. Yet, apparently the British be- Whereas parliaments were elected in es are closed, their leaders detained. lieve that this is an instance where it Moldova in free and fair multiparty elections Birth planning policies are cruelly im- can play the role of a good European, during 1990, 1994, and 1998; rather than an American partner. I Whereas international observers stated plemented. The Chinese people are still that the May 2003 local elections for mayors unable to speak freely, to meet without take heart that there are some EU and regional councilors, despite scattered re- interference, or to worship in peace. members that still believe in the im- ports of irregularities, were generally con- Although respect for basic human portance of taking a stand on human sistent with international election stand- rights is one of the values that define rights grounds. Unfortunately, I am ards;

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1682 CONGRESSIONAL RECORD — SENATE February 17, 2005 Whereas Freedom House, a non-profit, non- (5) expresses its strong and continuing sup- Whereas the National Ready Mixed Con- partisan organization working to advance port for the efforts of the people of Moldova crete Association continues today to assist the expansion of political and economic free- to establish full democracy, including the producers in the ready mixed concrete com- dom, has designated Moldova’s political en- rule of law and respect for human rights; munity through the introduction of innova- vironment as ‘‘partly free’’ and, using a scale (6) urges the Government of Moldova to tive safety procedures, modern health initia- of 1 to 7 (with 1 being the most free), as- meet its commitments to the Organization tives, and progressive environmental control signed a rating of 3 for political rights in for Security and Co-operation in Europe programs in an effort to enhance the per- Moldova and 4 for civil liberties in Moldova; (OSCE) for the holding of democratic elec- formance level of the industry; and Whereas a genuinely free and fair election tions; Whereas the National Ready Mixed Con- requires a period of political campaigning (7) urges the Government of Moldova to en- crete Association will continue to look to- conducted in an environment in which ad- sure— ward the future by forging alliances within ministrative action, violence, intimidation, (A) the full transparency of election proce- the ready mixed community, and by becom- or detention do not hinder the parties, polit- dures before, during, and after the par- ing more educated in business operations and ical associations, and candidates from pre- liamentary elections scheduled to be held on more knowledgeable about the product and senting their views and qualifications to po- March 6, 2005; the role of ready mixed concrete in the con- tential voters; (B) the right to vote for all citizens of struction and building of the United States: Whereas, in a genuinely democratic elec- Moldova; Now, therefore, be it tion, parties and candidates are free to orga- (C) unimpeded access by all parties and Resolved, That the Senate— nize supporters and conduct public meetings candidates to print, radio, television, and (1) congratulates the National Ready and events; Internet media on a nondiscriminatory basis; Mixed Concrete Association for its 75 year Whereas ensuring that parties and can- and history and its contributions to the con- didates enjoy unimpeded access to tele- (D) the right of opposition candidates and struction of the infrastructure of the United vision, radio, print, and Internet media on a workers to engage in campaigning free of States, including homes, buildings, bridges, nondiscriminatory basis is fundamental to a harassment, discrimination, and intimida- and highways; free, fair, and democratic election; tion; and (2) recognizes that the National Ready Whereas a genuinely free and fair election (8) pledges its enduring support and assist- Mixed Concrete Association has been and requires that citizens be guaranteed the ance to the people of Moldova for the estab- will continue to be an invaluable asset in de- right and effective opportunity to exercise lishment of a fully free and open democratic veloping the history and character of the their civil and political rights, including the system that is free from coercion, the cre- United States; and right to vote and to seek and acquire infor- ation of a prosperous free market economy, (3) directs the Secretary of the Senate to mation upon which to make an informed the establishment of a secure independence, transmit a copy of this resolution to the Na- vote in a manner that is free from intimida- and Moldova’s assumption of its rightful tional Ready Mixed Concrete Association as tion, undue influence, attempts at vote buy- place as a full and equal member of the an expression of appreciation and for public ing, threats of political retribution, or other Western community of democracies. display at the National Ready Mixed Con- forms of coercion by national or local au- f crete Association’s 2005 national convention. thorities or others; Whereas Moldova is scheduled to conduct SENATE RESOLUTION 61—RECOG- f parliamentary elections on March 6, 2005; NIZING THE NATIONAL READY SENATE RESOLUTION 62—SUP- Whereas reports indicate that national and MIXED CONCRETE ASSOCIATION local officials in Moldova are increasing PORTING THE GOALS AND ON ITS 75TH ANNIVERSARY AND IDEALS OF A ‘‘ROTARY INTER- their control and manipulation of the media ITS MEMBERS’ VITAL CONTRIBU- as the election date approaches; NATIONAL DAY’’ AND CELE- Whereas there have been widespread re- TIONS TO THE INFRASTRUCTURE BRATING AND HONORING RO- ports of harassment of opposition candidates OF THE UNITED STATES TARY INTERNATIONAL ON THE and workers by the police in Moldova; Mr. INHOFE submitted the following OCCASION OF ITS CENTENNIAL Whereas other reports indicate that in- resolution; which was considered and ANNIVERSARY timidation of independent civil society mon- agreed to: itoring groups by authorities in Moldova is Mr. DURBIN (for himself, Mr. OBAMA, S. RES. 61 occurring on an increasingly frequent basis; Mr. STEVENS, and Mr. FEINGOLD) sub- Whereas such actions are inconsistent with Whereas the National Ready Mixed Con- mitted the following resolution; which Moldova’s history of the holding of free and crete Association was founded and incor- was considered and agreed to: fair elections and raise grave concerns re- porated in the Commonwealth of Pennsyl- garding the commitment of the authorities vania on the 26th day of December, 1930; S. RES. 62 in Moldova to conducting free and fair elec- Whereas the founders of the National Whereas Rotary International, founded on tions; Ready Mixed Concrete Association possessed February 23, 1905, in Chicago, Illinois, is the Whereas the parliamentary elections the leadership and vision to establish a sin- world’s first service club and 1 of the largest scheduled for March 6, 2005 will provide a gle voice for the ready mixed concrete indus- nonprofit service organizations; test of the extent to which the Government try; Whereas there are more than 1.2 million of Moldova is committed to democracy, free Whereas the National Ready Mixed Con- Rotary International club members com- elections, and the rule of law; and crete Association represents and acts on be- prised of professional and business leaders in Whereas the holding of truly free and fair half of the industry before all divisions of more than 31,000 clubs in more than 165 coun- elections in Moldova, including a free and government and those public and private or- tries; democratic campaign preceding an election, ganizations whose work affects the ready Whereas the Rotary International motto, are vital to improving the relationship be- mixed concrete business; ‘‘Service Above Self’’, inspires members to tween Moldova and the United States and to Whereas the National Ready Mixed Con- provide humanitarian service, meet high the United States providing support for reso- crete Association has been a pioneer in the ethical standards, and promote international lution of the Transnistria conflict and for field of concrete technology through good will; the provision of assistance to Moldova groundbreaking research and advanced sci- Whereas Rotary International funds club through the Millennium Challenge Account: entific methods in the practical use and ap- projects and sponsors volunteers with com- Now, therefore, be it plications of ready mixed concrete; munity expertise to provide medical sup- Resolved, That the Senate— Whereas the National Ready Mixed Con- plies, health care, clean water, food produc- (1) acknowledges and welcomes the strong crete Association has gained national dis- tion, job training, and education to millions relationship formed between the United tinction by developing innovative break- in need, particularly in developing countries; States and Moldova since Moldova declared throughs in engineering, aggressive market Whereas in 1985, Rotary International independence from the Soviet Union on Au- promotion, and its contribution toward the launched Polio Plus and spearheaded efforts gust 27, 1991; creation of the first undergraduate degree in with the World Health Organization, Centers (2) recognizes that a precondition for the concrete industry management in the United for Disease Control and Prevention, and full integration of Moldova into the Western States; UNICEF to immunize the children of the community of nations is the establishment Whereas the National Ready Mixed Con- world against polio; of a genuinely democratic political system crete Association leads the concrete industry Whereas polio cases have dropped by 99 in Moldova; through its education and certification pro- percent since 1988, and the world now stands (3) supports the sovereignty, independence, grams; on the threshold of eradicating the disease; and territorial integrity of Moldova; Whereas the National Ready Mixed Con- Whereas Rotary International is the larg- (4) encourages all political parties in crete Association today represents 1,300 pro- est privately-funded source of international Moldova to offer genuine solutions to the se- ducer member companies, both national and scholarships in the world and promotes rious problems that face Moldova, including multinational, that employ thousands of international understanding through schol- human trafficking, corruption, unemploy- workers and operate in every congressional arships, exchange programs, and humani- ment, and territorial issues; district in the United States; tarian grants;

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 17, 2005 CONGRESSIONAL RECORD — SENATE S1683 Whereas since 1947, more than 35,000 stu- the political independence and sovereignty Whereas the United Nations Environment dents from 110 countries have studied abroad of Lebanon, the withdrawal of foreign forces Programme reported that global consump- as Rotary Ambassadorial Scholars; from Lebanon, and the disarmament of all tion of mercury equaled 3,337 tons in 1996, Whereas Rotary International’s Group militias in Lebanon; and that all mercury releases to the global Study Exchange program has helped more Whereas Syria is the main supporter of the environment total approximately 5,000 tons than 46,000 young professionals explore ca- terrorist group Hezbollah, the only signifi- each year; reer fields in other countries; cant remaining armed militia in Lebanon; Whereas mercury air pollution can deposit Whereas 8,000 secondary school students Whereas Hezbollah supports Palestinian into lakes, streams, and the oceans where it each year experience life in another country terrorist groups and poses a threat to the is transformed into toxic methylmercury through Rotary International’s Youth Ex- prospects for peace in the Middle East; and bioaccumulates in fish and fish-eating change Program; Whereas the Syria Accountability and Leb- wildlife; Whereas over the past 5 years, members of anese Sovereignty Restoration Act of 2003 (22 Whereas the National Academy of Sciences Rotary International in all 50 States have U.S.C. 2151 note) was enacted into law on De- hosted participants in Open World, a pro- cember 12, 2003; and confirmed that consumption of mercury-con- gram sponsored by the Library of Congress, Whereas the President has recalled the taminated fish and seafood by pregnant and therefore have earned the honor of serv- United States Ambassador to Syria for ur- women can cause serious neurode- ing as Open World’s most outstanding host; gent consultations: Now, therefore, be it velopmental harm in the fetus, including Whereas there are approximately 400,000 Resolved, That the Senate— such detrimental effects as intelligence Rotary International club members in more (1) condemns the cowardly and despicable quotient deficits, abnormal muscle tone, de- than 7,700 clubs throughout the United assassination of Rafiq Hariri, the former creases in motor function, attention, or States sponsoring service projects to address Prime Minister of Lebanon; visuospatial performance, mental retarda- critical issues such as poverty, health, hun- (2) extends condolences to Prime Minister tion, seizure disorders, cerebral palsy, blind- ger, illiteracy, and the environment in their Hariri’s family and the people of Lebanon; ness, and deafness; local communities and abroad; and (3) supports United Nations Security Coun- Whereas the 1997 Mercury Study Report Whereas February 23, 2005, would be an ap- cil Resolution 1559 (September 2, 2004), which submitted by the Administrator of the Envi- propriate date on which to observe Rotary calls for the withdrawal of all foreign forces ronmental Protection Agency to Congress International Day: Now, therefore, be it from Lebanon; found that every region of the United States Resolved, That the Senate— (4) urges the President to seek a United is adversely affected by mercury deposition; (1) supports the goals and ideals of a ‘‘Ro- Nations Security Council resolution that es- Whereas the Food and Drug Administra- tary International Day’’ to celebrate the tablishes an independent investigation into tion, the Environmental Protection Agency, centennial anniversary of Rotary Inter- the assassination; and 44 States currently have advisories national; and (5) urges the President to consider impos- warning the public to limit consumption of (2) recognizes Rotary International for 100 ing sanctions under the Syria Accountability certain fish that are high in mercury con- years of service to improving the human con- and Lebanese Sovereignty Restoration Act tent; dition in communities throughout the world. of 2003 (22 U.S.C. 2151 note); and Whereas, of the 4,000,000 children born (6) supports the call of the Lebanese people f every year in the United States, a scientist for an end to Syria’s presence in Lebanon, at the Environmental Protection Agency es- SENATE RESOLUTION 63—CALLING and for free and fair elections monitored by timates that approximately 630,000 are ex- FOR AN INVESTIGATION INTO international observers. THE ASSASSINATION OF PRIME posed to mercury levels in the womb above f the safe health threshold, caused primarily MINISTER RAFIQ HARIRI AND by maternal consumption of mercury-taint- URGING STEPS TO PRESSURE SENATE RESOLUTION 64—EX- PRESSING THE SENSE OF THE ed fish; THE GOVERNMENT OF SYRIA TO Whereas these health and environmental WITHDRAW FROM LEBANON SENATE THAT THE UNITED STATES SHOULD PREPARE A effects of mercury contamination can impose Mr. REID (for Mr. BIDEN (for himself, significant social and economic costs in the COMPREHENSIVE STRATEGY FOR form of increased medical care, special edu- Mr. LUGAR, Mr. REID, Mr. FRIST, Mr. ADVANCING AND ENTERING INTO LEVIN, Mr. DODD, Mr. CORZINE, Mr. cational and occupational needs, reduced INTERNATIONAL NEGOTIATIONS economic performance, and disruptions in ALLEN, and Mr. CHAFEE)) submitted the ON A BINDING AGREEMENT following resolution; which was consid- recreational and commercial fishing and THAT WOULD SWIFTLY REDUCE hunting, and can create disproportionate ered and agreed to: GLOBAL MERCURY USE AND health, social, and economic impacts among S. RES. 63 POLLUTION TO LEVELS SUFFI- subpopulations dependent on subsistence Whereas on February 14, 2005, Rafiq Hariri, CIENT TO PROTECT PUBLIC fishing; the former Prime Minister of Lebanon, was HEALTH AND THE ENVIRONMENT Whereas the Environmental Protection assassinated in a despicable terrorist attack; Agency has estimated that the United States Whereas the car bomb used in the assas- Mr. JEFFORDS (for himself, Ms. is a net emitter of mercury in that the sination killed 16 others and injured more SNOWE, Mr. SARBANES, Mr. LIEBERMAN, United States contributes 3 times as much than 100 people; Mr. LEAHY, Mr. DAYTON, Mr. LAUTEN- mercury to the global atmospheric pool of Whereas the intent of the terrorists who BERG, and Ms. COLLINS) submitted the air emissions as it receives through deposi- carried out the assassination was to intimi- following resolution; which was re- tion; date the Lebanese people and push Lebanon ferred to the Committee on Foreign Whereas the United States Geological Sur- backward toward chaos; Relations: vey has not reported mercury consumption Whereas Rafiq Hariri served as Prime Min- figures for key sectors in the United States ister of Lebanon for a total of 10 years since S. RES. 64 economy since 1996, thereby creating impor- the end of the Lebanese war in 1991; Whereas mercury is a persistent, bio- tant information gaps relating to domestic Whereas Rafiq Hariri helped revitalize the accumulative, and toxic heavy metal; mercury use and trade; economy of Lebanon and rebuild its shat- Whereas mercury is found naturally in the Whereas the quantity of domestic fugitive tered infrastructure and pioneered and di- environment but is also emitted into the air, chlor-alkali sector emissions has been la- rected the rebirth of Beirut’s historic down- land, and water in various forms in the town district; United States and around the world during beled an enigma by the Environmental Pro- Whereas Rafiq Hariri stepped down as fossil fuel combustion, waste incineration, tection Agency; Prime Minister on October 20, 2004; chlor-alkali production, mining, and other Whereas, in accordance with Public Law Whereas Syria maintains at least 14,000 industrial processes, as well as during the 101–549 (commonly known as the ‘‘Clean Air troops and a large number of intelligence production, use, and disposal of various prod- Act Amendments of 1990’’) (42 U.S.C. 7401 et personnel in Lebanon; ucts; seq.), the Environmental Protection Agency Whereas there is widespread opposition in Whereas mercury air pollution has the determined in December 2000 that a max- Lebanon to the continuing Syrian presence ability to both deposit locally and travel imum achievable control technology stand- in Lebanon; thousands of miles in a global atmospheric ard for mercury and other air toxic emis- Whereas the United Nations Security pool of emissions before eventual deposition, sions for electric utility steam generating Council issued a Presidential Statement crossing national boundaries and becoming a units in the United States is appropriate and (February 15, 2005) condemning the terrorist shared global burden; necessary, and listed coal- and oil-fired elec- bombing that killed Rafiq Hariri and calling Whereas the United Nations Environment tric utility steam generating units for regu- on ‘‘the Lebanese Government to bring to Programme reported that, on average, an- lation, thereby triggering a statutory re- justice the perpetrators, organizers and thropogenic emissions of mercury since pre- quirement that maximum achievable con- sponsors of this heinous terrorist act’’; industrial times have resulted in 50- to 300- trols be implemented at every existing coal- Whereas United Nations Security Council percent increases in deposition rates around and oil-fired electric utility steam gener- Resolution 1559 (September 2, 2004) calls for the world; ating unit by not later than December 2005;

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00103 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1684 CONGRESSIONAL RECORD — SENATE February 17, 2005 Whereas other major stationary sources erning Council occurring February 21 to 25, existing protocols and future global mercury have already implemented maximum achiev- 2005, with a view to developing a legally agreements; able control technology standards for mer- binding instrument, a non-legally binding in- (F) to work through existing international cury and other air toxics, as required by the strument, or other measures or actions; and organizations, such as the United Nations, Clean Air Act (42 U.S.C. 7401 et seq.); Whereas the United States has taken no the International Standards Organization, Whereas effective mercury and other heavy position on any such instrument: Now, and the World Trade Organization, to en- metal removal techniques have been dem- therefore, be it courage the development of programs, stand- onstrated and are available on an industrial Resolved, That it is the sense of the Senate ards, and trade agreements that will result scale in the major stationary source cat- that— in reduced use and trade of mercury, the egories; (1) the United States should engage con- elimination of primary mercury mining, and Whereas the lack of effective emission con- structively and proactively in international reductions in releases of mercury and other trol standards in other countries can give dialogue regarding mercury pollution, use, long-range transboundary air pollutants; and foreign industries a competitive advantage mining, and trade; and (G) to present at the 23rd session of the over United States businesses; (2) the President should prepare a com- United Nations Environment Programme Whereas alternatives and substitutes have prehensive strategy— Governing Council a plan for carrying out been demonstrated and are available to re- (A) to advance and enter into international immediate and long-term actions to reduce duce or eliminate mercury use in most prod- negotiations on a binding agreement that global mercury pollution and global expo- ucts and processes; would— sure to mercury in order to advance the goal Whereas the European Commission reports (i) reduce global use, trade, and releases of of achieving a binding international agree- that mercury mining, the closing of mercury mercury to levels sufficient to protect public ment on mercury. cell chlor-alkali facilities, and the phasing health and the environment, including steps out of other outmoded industrial processes f to— in the United States and Europe are contrib- (I) establish specific and stringent targets SENATE RESOLUTION 65—CALLING uting significantly to imports of mercury in and schedules for reductions in mercury use the developing world; FOR THE GOVERNMENT OF CAM- Whereas the Department of Defense an- in the United States, and emissions below BODIA TO RELEASE CHEAM nounced in April 2004 that it will consolidate levels for calendar year 2000, beyond current CHANNY FROM PRISON, AND FOR and store its stockpile of approximately 5,000 domestic and global efforts; OTHER PURPOSES tons of mercury rather than allow the sur- (II) end primary mercury mining in the plus to enter the global marketplace; near future and establish a system to ensure Mr. BROWNBACK (for himself and Whereas from 1996 through 2004, the Envi- excess mercury supplies do not enter the Mr. MCCONNELL) submitted the fol- ronmental Council of the States adopted or global marketplace; and lowing resolution; which was referred renewed 9 resolutions highlighting the im- (III) require countries to develop regional to the Committee on Foreign Rela- portance of substantially reducing mercury and national action plans to address mercury tions: use and releases in the United States and sources and uses; S. RES. 65 around the world, and of managing excess (ii) include all countries that use, trade, or supplies of mercury so that they do not enter release significant quantities of mercury Whereas, on February 3, 2005, the Cam- the global marketplace; into the environment from anthropogenic bodian National Assembly voted in a closed- Whereas many States, including Cali- sources; door session to strip the immunity of Sam fornia, Connecticut, Illinois, Indiana, Iowa, (iii) require the application of the best Rainsy Party opposition parliamentarians Maine, Maryland, Massachusetts, Michigan, available control technologies and strategies Sam Rainsy, Cheam Channy, and Chea Poch; Minnesota, New Hampshire, New Jersey, to control releases from industrial sectors in Whereas local and national press, foreign New York, Ohio, Oregon, Pennsylvania, the very near future, including minimizing diplomats, and other observers were refused Rhode Island, Vermont, Washington, and releases from coal-fired power plants and re- entry into the National Assembly during the Wisconsin, are already implementing their placing obsolete mercury products and proc- vote; own laws, regulations, and other strategies esses, including the mercury cell chlor-alkali Whereas the stripping of the parliamentary for tracking or reducing various forms of process; immunity of Sam Rainsy, Cheam Channy, mercury use and pollution, and the Gov- (iv) contain mechanisms for promoting and and Chea Poch places the fate of these oppo- ernors of States in New England have set a funding the transfer and adoption of less sition parliamentarians in the hands of a no- goal of virtually eliminating mercury emis- emitting technologies and mercury-free toriously corrupt and politicized judicial sions in that region; processes, and for facilitating the safe clean- system; Whereas the European Commission is de- up of mercury contamination; Whereas Sam Rainsy, Cheam Channy, and veloping a mercury strategy that is aimed at (v) establish a standardized system to doc- Chea Poch face trumped-up charges of a comprehensively addressing all aspects of ument and track the use, production, and highly political nature that are intended to the mercury cycle, including the use, trade, trade of mercury and mercury-containing silence the democratic opposition; and release of mercury; products, including a licensing requirement Whereas Cheam Channy is currently im- Whereas the United States is a party to the for mercury traders; and prisoned in a military jail and, in contraven- Protocol on Heavy Metals of the Convention (vi) incorporate explicit mechanisms for tion of Cambodia law, is subject to the juris- on Long-Range Transboundary Air Pollu- adding toxic air pollutants with similar diction of the Military Court in Cambodia; tion, done at Aarhus, Denmark on June 24, characteristics in the future; Whereas the National Assembly vote is yet 1998, which entered into force in December (B) to delineate the preferred structure, another attempt to intimidate the demo- 2003 and commits the United States to a format, participants, mechanisms, and re- cratic opposition in Cambodia, attempts basic obligation to limit air emissions of sources necessary for achieving and imple- which include the unsolved killing of polit- mercury and other heavy metals from new menting the agreement described in subpara- ical activists, including Chea Vichea and Om and existing sources, within 2 and 8 years re- graph (A); Radsady, and unsolved attacks against spectively, using the best available tech- (C) to enter into bilateral and multilateral peaceful and legal demonstrations, including niques; agreements to align global mercury produc- the grenade attack against the Khmer Na- Whereas the current parties to the Conven- tion with reduced global demand and mini- tion Party in March 1997 during which an tion and the Protocol represent only a por- mize global mercury releases, while negoti- American citizen was injured; tion of anthropogenic emissions of heavy ating the agreement described in subpara- Whereas the United States, United Na- metals annually that are subject to trans- graph (A); tions, and other organizations and individ- boundary atmospheric transport and are (D) to initiate and support a parallel inter- uals have strongly condemned the National likely to have significant adverse effects on national research effort that does not delay Assembly vote as a blow to the democratic human health or the environment; current or planned mercury pollution or use development of Cambodia; Whereas the 22nd session of the United Na- reduction efforts— Whereas international donors acknowl- tions Environment Programme Governing (i) to collect global data to support the de- edged during a consultative group meeting in Council concluded that there is sufficient velopment of a comprehensive inventory of Phnom Penh, Cambodia, last month that ac- evidence in the Programme’s Global Mercury mercury use, mining, trade, and releases; countability and transparency are vital to Assessment of significant global adverse im- and the country’s economic and social develop- pacts to warrant international action to re- (ii) to develop less emitting technologies ment; duce the risks to human health and the envi- and technologies to reduce the need for, and Whereas the National Assembly vote un- ronment from releases of mercury; use of, mercury in commerce; derscores the lack of commitment of Prime Whereas the United Nations Environment (E) to review monitoring capabilities and Minster Hun Sen and National Assembly Programme invited submission of govern- data collection efforts of the United States President Norodom Ranariddh to democracy, mental views on medium- and long-term ac- for domestic mercury use, trade, and releases accountability, transparency, and the rule of tions on mercury and other heavy metals, to ensure there is sufficient information law in Cambodia; and which will be synthesized into a report for available for any implementing legislation Whereas President George W. Bush issued a presentation at the 23rd session of the Gov- that may be necessary for compliance with proclamation on January 12, 2004, that entry

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00104 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 17, 2005 CONGRESSIONAL RECORD — SENATE S1685 into the United States should be denied to Whereas the 2003 referendum vote on the SENATE CONCURRENT RESOLU- former and current corrupt public officials Constitutional amendments was not trans- TION 14—EXPRESSING THE and their families: Now therefore be it parent and contained numerous instances of SENSE OF CONGRESS THAT THE Resolved, That the Senate— fraud; CONTINUED PARTICIPATION OF (1) calls upon the Government of Cambodia Whereas a genuinely free and fair demo- THE RUSSIAN FEDERATION IN to immediately and unconditionally release cratic election requires a period of political Cheam Channy; THE GROUP OF 8 NATIONS campaigning in an environment in which ad- SHOULD BE CONDITIONED ON (2) calls upon the Cambodian National As- ministrative action, violence, intimidation, THE RUSSIAN GOVERNMENT sembly to reverse its recent action to strip and detention do not hinder the parties, po- the immunity of opposition parliamentar- litical associations, or the candidates from VOLUNTARILY ACCEPTING AND ians Sam Rainsy, Cheam Channy, and Chea presenting their views and qualifications to ADHERING TO THE NORMS AND Poch; the citizenry; STANDARDS OF DEMOCRACY (3) urges the Secretary of State, the Sec- retary-General of the United Nations, inter- Whereas unimpeded access to television, Mr. MCCAIN (for himself, Mr. LIE- national financial institutions, and democ- radio, print, and Internet media on a non- BERMAN, Mr. BURNS, Mr. BAYH, Mr. racies around the world to continue to pub- discriminatory basis is fundamental to a CHAMBLISS, Mr. SMITH, and Mr. DURBIN) licly and forcefully condemn the Cambodian genuinely free and fair democratic election; submitted the following concurrent National Assembly vote; Whereas a genuinely free and fair election resolution; which was referred to the (4) urges international donors to consider requires that all eligible citizens be guaran- Committee on Foreign Relations: teed the right and effective opportunity to imposing appropriate sanctions against the S. CON. RES. 14 National Assembly and the Government of exercise their civil and political rights, in- Whereas the countries that comprise the Cambodia unless and until it reverses its re- cluding the right to vote, and the right to Group of 7 nations are pluralistic societies cent action; seek and acquire information upon which to with democratic political institutions and (5) calls upon the Secretary of State to im- make an informed vote, free from intimida- practices, committed to the observance of pose visa restrictions on members of the tion, undue influence, attempts at vote buy- universally recognized standards of human Cambodian National Assembly and their ing, threats of political retribution, or other rights, respect for individual liberties, and families who voted to strip the immunity of forms of coercion; democratic principles; Sam Rainsy, Cheam Channy, and Chea Pok, Whereas the Government of the Kyrgyz Re- Whereas in 1991 and subsequent years, the consistent with the President’s Proclama- public, as a participating state in the Orga- leaders of the Group of 7 nations, heads of tion of January 12, 2004, regarding the denial nization for Security and Cooperation in Eu- the governments of the major free market of visas to corrupt public officials and their rope (OSCE), has accepted numerous specific economies of the world who meet annually in families; and commitments governing the conduct of elec- a summit meeting, invited then-Russian (6) calls upon Prime Minister Hun Sen and tions, including the provisions of the Copen- President Boris Yeltsin to a post-summit Cambodian National Assembly President dialogue; Norodom Ranariddh to cease and desist their hagen Document; Whereas reports indicate that authorities Whereas in 1998, the leaders of the Group of efforts to undermine democracy, human 7 nations formally invited President Boris rights, and the rule of law in Cambodia. within the Kyrgyz government have stepped up repressive activities ahead of the par- Yeltsin of Russia to participate in an annual gathering that subsequently was known as f liamentary elections scheduled for February the Group of 8 nations, although the Group 27, 2005, including unfairly excluding opposi- SENATE RESOLUTION 66—URGING of 7 nations have continued to hold informal THE GOVERNMENT OF THE tion candidates from running for office, summit meetings and ministerial meetings KYRGYZ REPUBLIC TO ENSURE launching new restrictions on freedom of as- that do not include the Russian Federation; A DEMOCRATIC, TRANSPARENT, sembly, harassing opposition supporters and Whereas the invitation to President AND FAIR PROCESS FOR THE civil society activists, publicly warning Yeltsin to participate in the annual summits PARLIAMENTARY ELECTIONS against a ‘‘Ukraine scenario’’, and attempt- was in recognition of his commitment to de- ing to equate political opposition with sub- SCHEDULED FOR FEBRUARY 27, mocratization and economic liberalization, version; and despite the fact that the Russian economy 2005 Whereas the parliamentary elections remained weak and the commitment of the Mr. MCCAIN (for himself and Mr. scheduled for February 27, 2005, will provide Russian Government to democratic prin- BIDEN) submitted the following resolu- an unambiguous test of the extent of the ciples was uncertain; tion; which was referred to the Com- commitment of the Kyrgyz authorities to Whereas under the leadership of President mittee on Foreign Relations: implementing democratic reforms and build- Vladimir Putin, the Russian Government has ing a society based on free elections and the attempted to control the activities of inde- S. RES. 66 rule of law: pendent media enterprises, nongovernmental Whereas on August 31, 1991, the Kyrgyz Re- Now, therefore, be it organizations, religious organizations, and public declared independence from the So- other pluralistic elements of Russian society viet Union; Resolved, That the Senate— in an attempt to mute criticism of the gov- Whereas the Kyrgyz Republic has been (1) acknowledges and welcomes the strong ernment; ruled by a single President since gaining relationship formed between the United Whereas under the leadership of President independence in 1991 after the collapse of the States and the Kyrgyz Republic since the Putin, the Russian Government has sup- Soviet Union; restoration of independence in 1991; pressed the activities of independent journal- Whereas President Askar Akaev’s initial (2) expresses its strong and continuing sup- ists, international observers, and human years of power were marked by numerous port for the efforts of the Kyrgyz people to rights monitoring organizations, and has democratic reforms, including the establish- establish a full democracy, the rule of law, blocked the renewal of the mandate of the ment of independent media and opposition and respect for human rights in the Kyrgyz Organization for Security and Co-operation party representation in a bi-cameral par- Republic; in Europe (OSCE) to operate inside Chechnya liament; (3) urges the Kyrgyz Republic to meet its in an attempt to block public scrutiny of the Whereas in recent years, these democratic Organization for Security and Cooperation in war in Chechnya; reforms have been scaled back or eliminated; Europe commitments on democratic elec- Whereas the suppression by the Russian Whereas today in the Kyrgyz Republic, vir- tions; and Government of independent media enter- tually all major television outlets are con- (4) urges the Kyrgyz authorities to en- prises has resulted in widespread government trolled or influenced by the President’s fam- control and influence over the media in Rus- sure— ily or the state; sia, stifling freedom of expression and indi- (A) the full transparency of election proce- Whereas the political system of the Kyrgyz vidual liberties that are essential to any dures before, during, and after the 2005 par- Republic has been characterized by the De- functioning democracy; partment of State as marred by ‘‘serious liamentary elections; Whereas the arrest and prosecution of irregularities’’ and its human rights record (B) the right to vote for all eligible citizens prominent Russian business leaders who had has been described by the Department of of the Kyrgyz Republic; supported the political opposition to Presi- State as ‘‘poor’’; (C) unimpeded access by all parties and dent Putin are examples of selective applica- Whereas in 2002, Government forces shot 4 candidates to print, radio, television, and tion of the rule of law for political purposes; opposition demonstrators in the southern Internet media on a non-discriminatory Whereas the courts of the United States, Aksy region; basis; and the United Kingdom, Spain, and Greece have Whereas in 2003, President Akaev called for (D) the right of opposition parties and can- consistently ruled against extradition war- a referendum, with little notice, on a group didates to assemble freely, campaign openly, rants issued by the Russian Government of Constitutional amendments, leaving both and contest the upcoming elections on an after finding that the cases presented by the voters and the opposition unprepared to ef- equal basis as all other parties, including the Prosecutor General of the Russian Federa- fectively participate in the vote; party currently in control of the Parliament. tion have been inherently political in nature;

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00105 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1686 CONGRESSIONAL RECORD — SENATE February 17, 2005 Whereas Russian military forces continue (3) the President and the Secretary of The PRESIDING OFFICER. Without to commit brutal atrocities against the ci- State should work with the other members objection, it is so ordered. vilian population in Chechnya and have been of the Group of 7 nations to take all nec- COMMITTEE ON SMALL BUSINESS AND implicated in abductions of Chechen civil- essary steps to suspend the participation of ENTREPRENEURSHIP ians who filed cases before the European the Russian Federation in the Group of 8 na- Court of Human Rights; tions until the President, after consultation Mr. ALEXANDER. Mr. President, I Whereas leaders of the Group of 7 nations with the other members of the Group of 7 na- ask unanimous consent that the Com- have repeatedly expressed that a military so- tions, determines and reports to Congress mittee on Small Business and Entre- lution in Chechnya is not possible; that the Russian Government is committed preneurship be authorized to meet dur- Whereas in the aftermath of the tragic to respecting and upholding the democratic ing the session of the Senate for a siege of School No. 1 in Beslan, Russia that principles described in paragraph (2). hearing entitled, ‘‘The President’s Fis- occurred during September 2004, which was f an act of terrorism abhorrent to all civilized cal Year 2006 Budget Request for the people, President Putin cited violence in the AUTHORITY FOR COMMITTEES TO SBA’’ on Thursday, February 17, 2005, North Caucasus as a pretext for consoli- MEET beginning at 10 a.m., in room 428A of dating centralized power and proposed to the Russell Senate Office Building. COMMITTEE ON ARMED SERVICES abolish the popular election of regional gov- The PRESIDING OFFICER. Without Mr. ALEXANDER. Mr. President, I ernors in favor of presidential appointment objection, it is so ordered. of such officials; ask unanimous consent that the Com- Whereas the catastrophic consequences of mittee on Armed Services be author- SELECT COMMITTEE ON INTELLIGENCE the siege of School No. 1 in Beslan and of the ized to meet during the session of the Mr. ALEXANDER. Mr. President, I continued violence in Chechnya demonstrate Senate on February 17, 2005, at 9:30 ask unanimous consent that the Select the need to search for political solutions and a.m., in open session to receive testi- Committee on Intelligence be author- to commence negotiations between the Gov- mony on the Defense authorization re- ized to meet during the session of the ernment of Russia and moderate Chechen Senate on February 17, 2005, at 2:30 separatists, giving moderates credence over quest for fiscal year 2006 and future extremist elements; years defense program. p.m., to hold a closed hearing. Whereas the Government of Russia ini- The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without tially supported the undemocratic results of objection, it is so ordered. objection, it is so ordered. the November 21, 2004, runoff in the Ukrain- COMMITTEE ON FINANCE SUBCOMMITTEE ON NATIONAL PARKS ian presidential election, in spite of wide- Mr. ALEXANDER. Mr. President, I Mr. ALEXANDER. Mr. President, I spread election fraud and mass demonstra- ask unanimous consent that the Sub- tions in support of a new, legitimate elec- ask unanimous consent that the Com- tion, which raised concerns among the Group mittee on Finance be authorized to committee on National Parks be au- of 7 nations that the commitment of the meet during the session of the Senate thorized to meet during the session of Government of Russia to democratic stand- on Thursday, February 17, 2005, at 10 the Senate on Thursday, February 17, ards is waning; a.m., in 215 Dirksen Senate Office at 2:30 p.m. to review the National Whereas a wide range of observers at think Building, to consider the nomination of Park Service’s implementation of the tanks and nongovernmental organizations Daniel R. Levinson, to be Inspector Federal Lands Recreation Enhance- have expressed deep concern that the Rus- ment Act authorized in Public Law 108– sian Federation is moving away from the po- General, Department of Health and litical and legal underpinnings of a market Human Services, Washington, DC; Har- 447. economy and have identified the continuing old Damelin, to be Inspector General, The PRESIDING OFFICER. Without war in Chechnya as a major threat to sta- Department of the Treasury, Wash- objection, it is so ordered. bility and democracy in Russia; and ington, DC; and Raymond Wagner, Jr., SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT Whereas the continued participation of the to be a Member of the Internal Rev- MANAGEMENT, THE FEDERAL WORK FORCE, Russian Federation in the Group of 8 na- enue Service Oversight Board, Wash- AND THE DISTRICT OF COLUMBIA tions, including the opportunity for the Rus- Mr. ALEXANDER. Mr. President, I sian Government to host the Group of 8 na- ington, DC. tions in 2006 as planned, is a privilege that is The PRESIDING OFFICER. Without ask unanimous consent that the Sub- premised on the Government of Russia vol- objection, it is so ordered. committee on Oversight of Government untarily accepting and adhering to the COMMITTEE ON FOREIGN RELATIONS Management, the Federal Workforce, norms and standards of democracy, including Mr. ALEXANDER. Mr. President, I and the District of Columbia be author- governmental accountability, transparency, ask unanimous consent that the Com- ized to meet on Thursday, February 17, and the rule of law: Now, therefore, be it mittee on Foreign Relations be author- 2005, at 10 a.m. for a hearing entitled, Resolved by the Senate (the House of Rep- ‘‘Programs in Peril: An Overview of the resentatives concurring), That it is the sense ized to meet during the session of the of Congress that— Senate on Thursday, February 17, 2004, GAO High-Risk List.’’ (1) the selective prosecution of political op- at 9:30 a.m. to hold a hearing on Rus- The PRESIDING OFFICER. Without ponents and the suppression of free media by sia. objection, it is so ordered. the Russian Federation, and the continued The PRESIDING OFFICER. Without f commission of widespread atrocities in the objection, it is so ordered. conduct of the brutal war in Chechnya, do COMMITTEE ON HEALTH, EDUCATION, LABOR, UNANIMOUS-CONSENT not reflect the minimum standards of demo- AND PENSIONS AGREEMENT—S. 256 cratic governance and rule of law that char- Mr. ALEXANDER. Mr. President, I acterize every other member state in the Mr. FRIST. Mr. President, I ask ask unanimous consent that the Com- Group of 8 nations; unanimous consent that on Monday, mittee on Health, Education, Labor, (2) the continued participation of the Rus- February 28, at a time to be deter- and Pensions be authorized to hold a sian Federation in the Group of 8 nations, in- mined by the majority leader, in con- cluding the opportunity for the Russian Gov- hearing during the session of the Sen- sultation with the Democratic leader, ernment to host the Group of 8 nations sum- ate on Thursday, February 17, 2005, at the Senate proceed to the consider- mit in 2006 as planned, should be conditioned 10 a.m., in SD–430. on the Russian Government accepting and The PRESIDING OFFICER. Without ation of S. 256, the bankruptcy reform adhering to the norms and standards of free, objection, it is so ordered. bill, provided that consideration of the democratic societies as generally practiced bill during Monday’s session be for the COMMITTEE ON THE JUDICIARY by every other member nation of the Group purpose of debate only. Mr. ALEXANDER. Mr. President, I of 8 nations, including— The PRESIDING OFFICER (Mr. (A) the rule of law, including protection ask unanimous consent that the Com- BURR). Without objection, it is so or- from selective prosecution and protection mittee on the Judiciary be authorized dered. from arbitrary state-directed violence; to meet to conduct a markup on Thurs- (B) a court system free of political influ- day, February 17, 2005, at 9:30 a.m., in f ence and manipulation; Senate Dirksen Office Building Room (C) a free and independent media; 226. ADJOURNMENT OF THE TWO (D) a political system open to participa- HOUSES tion by all citizens and which protects free- I. Legislation: S. 256, A bill to Amend dom of expression and association; and Title 11 of the United States Code, and Mr. FRIST. Mr. President, I ask (E) the protection of universally recog- for Other Purposes Act of 2005, [Grass- unanimous consent that the Senate nized human rights; and ley, Hatch, Sessions] now proceed to the consideration of H.

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00106 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 17, 2005 CONGRESSIONAL RECORD — SENATE S1687 Con. Res. 66, the adjournment resolu- Colonel David L. Commons, 0000 To be vice admiral tion; provided that the concurrent res- Colonel James L. Melin, 0000 Rear Adm. Terrance T. Etnyre, 0000 Colonel Brian P. Meenan, 0000 olution be agreed to and the motion to NOMINATIONS PLACED ON THE SECRETARY’S Colonel Mike H. McClendon, 0000 reconsider be laid upon the table. DESK Colonel James F. Jackson, 0000 The PRESIDING OFFICER. Without Colonel Kevin F. Henabray, 0000 IN THE AIR FORCE objection, it is so ordered. Colonel Elizabeth A. Grote, 0000 PN51 AIR FORCE nomination of Thomas S. The concurrent resolution (H. Con. Colonel Michael C. Dudzik, 0000 Hoffman, which was received by the Senate Res. 66) was agreed to, as follows: Colonel Bruce E. Davis, 0000 and appeared in the Congressional Record of H. CON. RES. 66 Colonel Thomas R. Coon, 0000 January 6, 2005. Colonel Carl M. Skinner, 0000 PN52 AIR FORCE nominations (2) begin- Resolved by the House of Representatives (the ning HERBERT L. ALLEN JR., and ending Senate concurring), That when the House ad- Colonel Michael B. Newton, 0000 Colonel Robert L. Chu, 0000 DALE A. JACKMAN, which nominations journs on the legislative day of Thursday, were received by the Senate and appeared in February 17, 2005, on a motion offered pursu- IN THE ARMY the Congressional Record of January 6, 2005. ant to this concurrent resolution by its Ma- The following named officer for appoint- PN53 AIR FORCE nomination of Leslie G. jority Leader or his designee, it stand ad- ment in the United States Army to the grade Macrae, which was received by the Senate journed until 2 p.m. on Tuesday, March 1, indicated while assigned to a position of im- and appeared in the Congressional Record of 2005, or until the time of any reassembly pur- portance and responsibility under title 10, January 6, 2005. suant to section 2 of this concurrent resolu- U.S.C., section 601: PN54 AIR FORCE nomination of Omar tion, whichever occurs first; and that when To be lieutenant general Billigue, which was received by the Senate the Senate recesses or adjourns on Thursday, and appeared in the Congressional Record of Maj. Gen. Karl W. Eikenberry, 0000 February 17, 2005, or Friday, February 18, January 6, 2005. 2005, on a motion offered pursuant to this IN THE MARINE CORPS PN55 AIR FORCE nominations (3) begin- concurrent resolution by its Majority Leader The following named officers for ning Corbert K. Ellison, and ending Gisella or his designee, it stand recessed or ad- apointment in the United States Marine Y. Velez, which nominations were received journed until noon on Monday, February 28, Corps to the grade indicated under title 10, by the Senate and appeared in the Congres- 2005, or at such other time on that day as U.S.C., section 624: sional Record of January 6, 2005. may be specified by its Majority Leader or To be major general PN56 AIR FORCE nomination of Gretchen his designee in the motion to recess or ad- M. Adams, which was received by the Senate journ, or until the time of any reassembly Brigadier General Thomas A Benes, 0000 and appeared in the Congressional Record of pursuant to section 2 of this concurrent reso- Brigadier General William D Catto, 0000 January 6, 2005. lution, whichever occurs first. Brigadier General Walter E Gaskin, Sr, 0000 PN57 AIR FORCE nomination of Michael Brigadier General Timothy R Larsen, 0000 SEC. 2. The Speaker of the House and the D. Shirley Jr., which was received by the Majority Leader of the Senate, or their re- Brigadier General Michael E Ennis, 0000 Senate and appeared in the Congressional spective designees, acting jointly after con- Brigadier General Michael R Lehnert, 0000 Record of January 6, 2005. sultation with the Minority Leader of the Brigadier General George J Trautman, III, PN58 AIR FORCE nominations (3) begin- House and the Minority Leader of the Sen- Brigadier General Richard C Zilmer, 0000 ning GERALD J. HUERTA, and ending AN- ate, shall notify the Members of the House Brigadier General Willie J Williams, 0000 THONY T. WILSON, which nominations were and the Senate, respectively, to reassemble Brigadier General Duane D Thiessen, 0000 received by the Senate and appeared in the at such place and time as they may des- The following named officers for appoint- Congressional Record of January 6, 2005. ignate whenever, in their opinion, the public ment in the United States Marine Corps to PN59 AIR FORCE nomination of Michael interest shall warrant it. the grade indicated under title 10, U.S.C., F. Lamb, which was received by the Senate section 624: and appeared in the Congressional Record of f To be brigadier general January 6, 2005. EXECUTIVE SESSION PN60 AIR FORCE nominations (11) begin- Colonel George J Allen, 0000 ning DEAN J CUTILLAR, and ending AN Colonel Raymond C Fox, 0000 ZHU, which nominations were received by Colonel Anthony M Haslam, 0000 EXECUTIVE CALENDAR the Senate and appeared in the Congres- Colonel David R Heinz, 0000 sional Record of January 6, 2005. Mr. FRIST. Mr. President, I ask Colonel Steven A Hummer, 0000 PN129 AIR FORCE nomination of James D. unanimous consent that the Senate Colonel Anthony L Jackson, 0000 Shaffer, which was received by the Senate proceed to executive session to con- Colonel Richard M Lake, 0000 and appeared in the Congressional Record of sider the following nominations on the Colonel Robert E Milstead, Jr, 0000 January 31, 2005. calendar: All nominations reported by Colonel Michael R Regner, 0000 PN130 AIR FORCE nominations (207) begin- Colonel David G Reist, 0000 ning THOMAS WILLIAM ACTON, and ending the Armed Services Committee today. Colonel Melvin G Spiese, 0000 I further ask unanimous consent that DEBRA S. ZELENAK, which nominations Colonel John E Wissler, 0000 were received by the Senate and appeared in the nominations be confirmed, the mo- IN THE NAVY the Congressional Record of January 31, 2005. tions to reconsider be laid upon the The following named officer for appoint- PN141 AIR FORCE nominations (2) begin- table, the President be immediately ment in the United States Navy to the grade ning BARBARA S. BLACK, and ending VIN- notified of the Senate’s action, and the indicated while assigned to a position of im- CENT T. JONES, which nominations were Senate then resume legislative session. portance and responsibility under title 10, received by the Senate and appeared in the The PRESIDING OFFICER. Without U.S.C., section 601: Congressional Record of February 8, 2005. objection, it is so ordered. PN142 AIR FORCE nomination of Glenn T. To be admiral Lunsford, which was received by the Senate The nominations considered and con- Adm. William J. Fallon, 0000 and appeared in the Congressional Record of firmed are as follows: The following named officer for appoint- February 8, 2005. NOMINATIONS ment as Vice Chief of Naval Operations, PN143 AIR FORCE nomination of Fred- DEPARTMENT OF DEFENSE United States Navy, and appointment to the erick E. Jackson, which was received by the Buddie J. Penn, of Virginia, to be an As- grade indicated while assigned to a position Senate and appeared in the Congressional sistant Secretary of the Navy. of importance and responsibility under title Record of February 8, 2005. 10, U.S.C., sections 601 and 5035: PN144 AIR FORCE nominations (2) begin- IN THE AIR FORCE ning ROBERT G. PATE, and ending The following named officers for appoint- To be admiral DWAYNE A. STICH, which nominations ment in the Reserve of the Air Force to the Vice Adm. Robert F. Willard, 0000 were received by the Senate and appeared n grade indicated under title 10, U.S.C., section The following named officer for appoint- the Congressional Record of February 8, 2005. 12203: ment in the United States Navy to the grade PN145 AIR FORCE nomination of Kelly E. To be major general indicated while assigned to a position of im- Nation, which was received by the Senate Brigadier General Mark W. Anderson, 0000 portance and responsibility under title 10, and appeared in the Congressional Record of Brigadier General John H. Bordelon, Jr., 0000 US.C., section 601: February 8, 2005. PN146 AIR FORCE nominations (7) begin- Brigadier General Thomas L. Carter, 0000 To be admiral ning LOURDES J. ALMONTE, and ending Brigadier General Howard A. McMahan, 0000 Adm. John B. Nathman, 0000 ROBERT J. WEISENBERGER, which nomi- Brigadier General James M. Sluder, III, 0000 The following named officer for appoint- nations were received by the Senate and ap- Brigadier General Martin M. Mazick, 0000 ment in the United States Navy to the grade peared in the Congressional Record of Feb- Brigadier General Thomas A. Dyches, 0000 indicated while assigned to a position of im- ruary 8, 2005. To be brigadier general portance and responsibility under title 10, PN147 AIR FORCE nominations (128) begin- Colonel Roger A. Binder, 0000 U.S.C., section 601: ning BRIAN F. * AGEE, and ending LUN S.

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00107 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1688 CONGRESSIONAL RECORD — SENATE February 17, 2005 YAN, which nominations were received by appeared in the Congressional Record of Jan- ERINE E WRIGHT, which nominations were the Senate and appeared in the Congres- uary 6, 2005. received by the Senate and appeared in the sional Record of February 8, 2005. PN27 ARMY nominations (2) beginning Congressional Record of January 6, 2005. PN148 AIR FORCE nominations (63) begin- CASANOVA C. OCHOA, and ending PN155 ARMY nominations (47) beginning ning MICHELLE D. * ALLENMCCOY, and CHARLES R. PLATT, which nominations JAN E. ALDYKIEWICZ, and ending ROBERT ending ERIN BREE * WIRTANEN, which were received by the Senate and appeared in A. YOH, which nominations were received by nominations were received by the Senate and the Congressional Record of January 6, 2005. the Senate and appeared in the Congres- appeared in the Congressional Record of Feb- PN28 ARMY nominations (2) beginning sional Record of February 8, 2005. ruary 8, 2005. KENNETH R. GREENE, and ending WIL- IN THE MARINE CORPS LIAM F. ROY, which nominations were re- PN150 AIR FORCE nominations (355) begin- PN65 MARINE CORPS nominations (346) ceived by the Senate and appeared in the ning JAMES R. ABBOTT, and ending AN beginning JASON G ADKINSON, and ending ZHU, which nominations were received by Congressional Record of January 6, 2005. PN29 ARMY nominations (6) beginning JAMES B ZIENTEK, which nominations the Senate and appeared in the Congres- were received by the Senate and appeared in sional Record of February 8, 2005. JAMES E. FERRANDO, and ending TERRY R. SOPHER JR., which nominations were re- the Congressional Record of January 6, 2005. PN151 AIR FORCE nominations (45) begin- PN156 MARINE CORPS nominations (2) be- ceived by the Senate and appeared in the ning JOSEPH B. ANDERSON, and ending ginning JORGE E. CRISTOBAL, and ending KONDI WONG, which nominations were re- Congressional Record of January 6, 2005. PN30 ARMY nominations (9) beginning DONALD Q. FINCHAM, which nominations ceived by the Senate and appeared in the were received by the Senate and appeared in Congressional Record of February 8, 2005. BILLY J. BLANKENSHIP, and ending WIL- LIAM J. ONEILL, which nominations were the Congressional Record of February 8, 2005. PN152 AIR FORCE nominations (22) begin- PN157 MARINE CORPS nominations (2) be- received by the Senate and appeared in the ning JEFFERY F. BAKER, and ending ginning RONALD C. CONSTANCE, and end- DAVID L. WELLS, which nominations were Congressional Record of January 6, 2005. PN31 ARMY nominations (9) beginning ing JOEL F. JONES, which nominations received by the Senate and appeared in the were received by the Senate and appeared in Congressional Record of February 8, 2005. MARK E. COERS, and ending RICHARD A. WEAVER, which nominations were received the Congressional Record of February 8, 2005. PN153 AIR FORCE nominations (45) begin- PN159 MARINE CORPS nomination of by the Senate and appeared in the Congres- ning COREY R. ANDERSON, and ending Frederick D. Hyden, which was received by ETHAN J. YOZA, which nominations were sional Record of January 6, 2005. PN32 ARMY nominations (8) beginning the Senate and appeared in the Congres- received by the Senate and appeared in the JEFFREY T. ALTDORFER, and ending JO- sional Record of February 8, 2005. Congressional Record of February 8, 2005. SEPH E. ROONEY, which nominations were PN160 MARINE CORPS nomination of PN154 AIR FORCE nominations (16) begin- received by the Senate and appeared in the Kathy L. Velez, which was received by the ning JANICE M. * ALLISON, and ending Congressional Record of January 6, 2005. Senate and appeared in the Congressional DANNY K. * WONG, which nominations were PN33 ARMY nominations (4) beginning Record of February 8, 2005. received by the Senate and appeared in the DAVID C. BARNHILL, and ending KEN- PN161 MARINE CORPS nomination of Congressional Record of February 8, 2005. NETH B. SMITH, which nominations were John R. Barclay, which was received by the IN THE ARMY received by the Senate and appeared in the Senate and appeared in the Congressional Record of February 8, 2005. PN15 ARMY nomination of Robert A. Lov- Congressional Record of January 6, 2005. PN162 MARINE CORPS nominations (4) be- ett, which was received by the Senate and PN34 ARMY nomination of David B. ginning MATTHEW J. CAFFREY, and end- appeared in the Congressional Record of Jan- Enyeart, which was received by the Senate ing WILLIAM R. TIFFANY, which nomina- uary 6, 2005. and appeared in the Congressional Record of tions were received by the Senate and ap- PN16 ARMY nomination of Martin January 6, 2005. peared in the Congressional Record of Feb- Poffenberger Jr., which was received by the PN35 ARMY nomination of David A. Green- ruary 8, 2005. Senate and appeared in the Congressional wood, which was received by the Senate and PN163 MARINE CORPS nominations (5) be- Record of January 6, 2005. appeared in the Congressional Record of Jan- ginning JEFF R. BAILEY, and ending JULIO PN17 ARMY nomination of Timothy D. uary 6, 2005. R. PIRIR, which nominations were received Mitchell Jr., which was received by the Sen- PN36 ARMY nomination of Sandra W. by the Senate and appeared in the Congres- ate and appeared in the Congressional Dittig, which was received by the Senate and appeared in the Congressional Record of Jan- sional Record of February 8, 2005. Record of January 6, 2005. PN164 MARINE CORPS nominations (2) be- PN18 ARMY nominations (3) beginning uary 6, 2005. PN37 ARMY nomination of John M. Owings ginning JACOB D. LEIGHTY III, and ending WILLIAM F. BITHER, and ending PAUL J. JOHN G. OLIVER, which nominations were RAMSEY JR., which nominations were re- Jr., which was received by the Senate and appeared in the Congressional Record of Jan- received by the Senate and appeared in the ceived by the Senate and appeared in the Congressional Record of February 8, 2005. Congressional Record of January 6, 2005. uary 6, 2005. PN38 ARMY nomination of Daniel J. But- PN165 MARINE CORPS nominations (4) be- PN19 ARMY nomination of William R. ler, which was received by the Senate and ginning STEVEN M. DOTSON; and ending Laurence Jr., which was received by the Sen- appeared in the Congressional Record of Jan- CALVIN W. SMITH, which nominations were ate and appeared in the Congressional uary 6, 2005. received by the Senate and appeared in the Record of January 6, 2005. PN42 ARMY nominations (21) beginning Congressional Record of February 8, 2005. PN20 ARMY nominations (5) beginning SCOTT W ARNOLD, and ending KEITH C PN166 MARINE CORPS nominations (8) be- MEGAN K. MILLS, and ending MARIA A. WELL, which nominations were received by ginning WILLIAM H. BARLOW, and ending WORLEY, which nominations were received the Senate and appeared in the Congres- DANNY R. MORALES, which nominations by the Senate and appeared in the Congres- sional Record of January 6, 2005. were received by the Senate and appeared in sional Record of January 6, 2005. PN44 ARMY nominations (33) beginning the Congressional Record of February 8, 2005. PN21 ARMY nominations (4) beginning PAUL T BARTONE, and ending JEFFREY P PN167 MARINE CORPS nominations (2) be- TIMOTHY K. ADAMS, and ending JOHN L. ZIMMERMAN, which nominations were re- ginning ANDREW E. GEPP, and ending WIL- POPPE, which nominations were received by ceived by the Senate and appeared in the LIAM B. SMITH, which nominations were re- the Senate and appeared in the Congres- Congressional Record of January 6, 2005. ceived by the Senate and appeared in the sional Record of January 6, 2005. PN45 ARMY nominations (10) beginning Congressional Record of February 8, 2005. PN22 ARMY nominations (2) beginning JO- CYNTHIA A CHAVEZ, and ending JACLYNN PN168 MARINE CORPS nominations (5) be- SEPH W. BURCKEL, and ending FRANK J. A WILLIAMS, which nominations were re- ginning WILLIAM A. BURWELL, and ending MISKENA, which nominations were received ceived by the Senate and appeared in the WILLIAM J. WADLEY, which nominations by the Senate and appeared in the Congres- Congressional Record of January 6, 2005. were received by the Senate and appeared in sional Record of January 6, 2005. PN46 ARMY nominations (17) beginning the Congressional Record of February 8, 2005. PN23 ARMY nomination of Frank J. FRANCIS B AUSBAND, and ending SCOTT A PN169 MARINE CORPS nominations (5) be- Miskena, which was received by the Senate WRIGHT, which nominations were received ginning KENRICK G. FOWLER, and ending and appeared in the Congressional Record of by the Senate and appeared in the Congres- STEVEN E. SPROUT, which nominations January 6, 2005. sional Record of January 6, 2005. were received by the Senate and appeared in PN24 ARMY nominations (8) beginning PN47 ARMY nominations (34) beginning the Congressional Record of February 8, 2005. ROSA L. HOLLISBIRD, and ending BETH A. LORETTA A ADAMS, and ending CLARK H PN170 MARINE CORPS nominations (2) be- ZIMMER, which nominations were received WEAVER, which nominations were received ginning JAMES P. MILLER JR., and ending by the Senate and appeared in the Congres- by the Senate and appeared in the Congres- MARC TARTER, which nominations were re- sional Record of January 6, 2005. sional Record of January 6, 2005. ceived by the Senate and appeared in the PN25 ARMY nominations (2) beginning PN48 ARMY nominations (60) beginning Congressional Record of February 8, 2005. BRUCE A. MULKEY, and ending JEROME F. ROBERT D AKERSON, and ending BETH A PNl71 MARINE CORPS nomination of STOLINSKI JR., which nominations were re- ZIMMER, which nominations were received David G. Boone, which was received by the ceived by the Senate and appeared in the by the Senate and appeared in the Congres- Senate and appeared in the Congressional Congressional Record of January 6, 2005. sional Record of January 6, 2005. Record of February 8, 2005. PN26 ARMY nomination of Matthew R. PN49 ARMY nominations (37) beginning PN172 MARINE CORPS nomination of Mi- Segal, which was received by the Senate and PRISCILLA A BERRY, and ending CATH- chael A. Lujan, which was received by the

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00108 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 17, 2005 CONGRESSIONAL RECORD — SENATE S1689 Senate and appeared in the Congressional proceed to the immediate consider- of Moldova is committed to democracy, free Record of February 8, 2005. ation of S. Res. 60, S. Res. 61, S. Res. 62, elections, and the rule of law; and PN173 MARINE CORPS nominations (2) be- and S. Res. 63, which were submitted Whereas the holding of truly free and fair ginning MICHAEL A. MINK, and ending earlier today, en bloc; that the resolu- elections in Moldova, including a free and LOUANN RICKLEY, which nominations democratic campaign preceding an election, were received by the Senate and appeared in tions be agreed to, the preambles be are vital to improving the relationship be- the Congressional Record of February 8, 2005. agreed to, and the motions to recon- tween Moldova and the United States and to PN175 MARINE CORPS nomination of Elo- sider be laid upon the table, en bloc. the United States providing support for reso- ise M. Fuller, which was received by the Sen- The PRESIDING OFFICER. Without lution of the Transnistria conflict and for ate and appeared in the Congressional objection, it is so ordered. the provision of assistance to Moldova Record of February 8, 2005. The resolutions (S. Res. 60, S. Res. 61, through the Millennium Challenge Account: PN176 MARINE CORPS nominations (2) be- S. Res. 62, and S. Res. 63) were agreed Now, therefore, be it ginning JOHN T. CURRAN, and ending THOMAS J. JOHNSON, which nominations to. Resolved, That the Senate— were received by the Senate and appeared in The preambles were agreed to. (1) acknowledges and welcomes the strong the Congressional Record of February 8, 2005. The resolutions, with their pre- relationship formed between the United ambles, read as follows: States and Moldova since Moldova declared IN THE NAVY independence from the Soviet Union on Au- PN61 NAVY nomination of STEVEN P. S. RES. 60 gust 27, 1991; DAVITO, which was received by the Senate Whereas, on August 27, 1991, Moldova de- (2) recognizes that a precondition for the and appeared in the Congressional Record of clared independence from the Soviet Union; full integration of Moldova into the Western January 6, 2005. Whereas parliaments were elected in community of nations is the establishment PN62 NAVY nomination of EDWARD S. Moldova in free and fair multiparty elections of a genuinely democratic political system WAGNER JR., which was received by the during 1990, 1994, and 1998; in Moldova; Senate and appeared in the Congressional Whereas international observers stated (3) supports the sovereignty, independence, Record of January 6, 2005. that the May 2003 local elections for mayors and territorial integrity of Moldova; PN63 NAVY nominations (36) beginning and regional councilors, despite scattered re- (4) encourages all political parties in SAMUEL ADAMS, and ending RANDY J ports of irregularities, were generally con- Moldova to offer genuine solutions to the se- VANROSSUM, which nominations were re- sistent with international election stand- rious problems that face Moldova, including ceived by the Senate and appeared in the ards; human trafficking, corruption, unemploy- Congressional Record of January 6, 2005. Whereas Freedom House, a non-profit, non- ment, and territorial issues; PN133 NAVY nominations (14) beginning partisan organization working to advance (5) expresses its strong and continuing sup- JASON K BRANDT, and ending RONALD L the expansion of political and economic free- port for the efforts of the people of Moldova WITHROW, which nominations were received dom, has designated Moldova’s political en- to establish full democracy, including the by the Senate and appeared in the Congres- vironment as ‘‘partly free’’ and, using a scale rule of law and respect for human rights; sional Record of January 31, 2005. of 1 to 7 (with 1 being the most free), as- (6) urges the Government of Moldova to f signed a rating of 3 for political rights in meet its commitments to the Organization Moldova and 4 for civil liberties in Moldova; LEGISLATIVE SESSION for Security and Co-operation in Europe Whereas a genuinely free and fair election (OSCE) for the holding of democratic elec- The PRESIDING OFFICER. Under requires a period of political campaigning tions; the previous order, the Senate will re- conducted in an environment in which ad- (7) urges the Government of Moldova to en- turn to legislative session. ministrative action, violence, intimidation, sure— or detention do not hinder the parties, polit- (A) the full transparency of election proce- f ical associations, and candidates from pre- dures before, during, and after the par- DISCHARGE AND REFERRAL OF S. senting their views and qualifications to po- liamentary elections scheduled to be held on 70 AND S. 69 tential voters; March 6, 2005; Whereas, in a genuinely democratic elec- (B) the right to vote for all citizens of Mr. FRIST. Mr. President, I ask tion, parties and candidates are free to orga- Moldova; unanimous consent that the Armed nize supporters and conduct public meetings (C) unimpeded access by all parties and Services Committee be discharged from and events; candidates to print, radio, television, and further consideration of S. 70 and that Whereas ensuring that parties and can- Internet media on a nondiscriminatory basis; the bill be referred to the Committee didates enjoy unimpeded access to tele- and on Finance. vision, radio, print, and Internet media on a (D) the right of opposition candidates and The PRESIDING OFFICER. Without nondiscriminatory basis is fundamental to a workers to engage in campaigning free of objection, it is so ordered. free, fair, and democratic election; harassment, discrimination, and intimida- Whereas a genuinely free and fair election Mr. FRIST. Mr. President, I ask tion; and requires that citizens be guaranteed the (8) pledges its enduring support and assist- unanimous consent that the Armed right and effective opportunity to exercise ance to the people of Moldova for the estab- Services Committee be discharged from their civil and political rights, including the lishment of a fully free and open democratic further consideration of S. 69 and that right to vote and to seek and acquire infor- system that is free from coercion, the cre- the bill be referred to the Committee mation upon which to make an informed ation of a prosperous free market economy, on Veterans’ Affairs. vote in a manner that is free from intimida- the establishment of a secure independence, The PRESIDING OFFICER. Without tion, undue influence, attempts at vote buy- and Moldova’s assumption of its rightful objection, it is so ordered. ing, threats of political retribution, or other place as a full and equal member of the forms of coercion by national or local au- Western community of democracies. f thorities or others; SUPPORTING DEMOCRATIC Whereas Moldova is scheduled to conduct S. RES. 61 REFORM IN MOLDOVA parliamentary elections on March 6, 2005; Whereas the National Ready Mixed Con- Whereas reports indicate that national and crete Association was founded and incor- local officials in Moldova are increasing porated in the Commonwealth of Pennsyl- RECOGNIZING THE NATIONAL their control and manipulation of the media vania on the 26th day of December, 1930; as the election date approaches; Whereas the founders of the National READY MIXED CONCRETE ASSO- Whereas there have been widespread re- Ready Mixed Concrete Association possessed CIATION ON ITS 75TH ANNIVER- ports of harassment of opposition candidates the leadership and vision to establish a sin- SARY and workers by the police in Moldova; gle voice for the ready mixed concrete indus- Whereas other reports indicate that in- try; timidation of independent civil society mon- Whereas the National Ready Mixed Con- SUPPORTING THE GOALS AND itoring groups by authorities in Moldova is crete Association represents and acts on be- IDEALS OF A ‘‘ROTARY INTER- occurring on an increasingly frequent basis; half of the industry before all divisions of NATIONAL DAY’’ Whereas such actions are inconsistent with government and those public and private or- Moldova’s history of the holding of free and ganizations whose work affects the ready fair elections and raise grave concerns re- mixed concrete business; CALLING FOR AN INVESTIGATION garding the commitment of the authorities Whereas the National Ready Mixed Con- INTO THE ASSASSINATION OF in Moldova to conducting free and fair elec- crete Association has been a pioneer in the PRIME MINISTER RAFIQ HARIRI tions; field of concrete technology through Whereas the parliamentary elections groundbreaking research and advanced sci- Mr. FRIST. Mr. President, I ask scheduled for March 6, 2005 will provide a entific methods in the practical use and ap- unanimous consent that the Senate test of the extent to which the Government plications of ready mixed concrete;

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00109 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1690 CONGRESSIONAL RECORD — SENATE February 17, 2005 Whereas the National Ready Mixed Con- Ready Mixed Concrete Association, I Co., Ada, OK; Rustin Concrete Company, crete Association has gained national dis- am certain the founders would be proud Atoka, OK; Twin Cities Ready Mix, Inc., tinction by developing innovative break- of the association’s accomplishments McAlester, OK. throughs in engineering, aggressive market and the quality of the ongoing work. Comanche: Atlas-Tuck Concrete, Inc., Cache/Lawton, OK; Lawton Transit Mix, promotion, and its contribution toward the While the National Ready Mixed Con- creation of the first undergraduate degree in Inc., Lawton, OK; Southwest Ready Mix, concrete industry management in the United crete Association continues to rep- Lawton, OK. States; resent the ready mixed industry, it has Cotton: Atlas-Tuck Concrete, Inc., Dun- Whereas the National Ready Mixed Con- also become the leader in the practical can—Duncan, Cache/Lawton, OK; Dolese crete Association leads the concrete industry use and applications of ready mixed Bros. Co., Duncan, OK; Lawton Transit Mix, through its education and certification pro- concrete, a pioneer in the development Inc., Lawton, OK; Southwest Ready Mix grams; and implementation of its education Lawton, OK. Whereas the National Ready Mixed Con- and certification programs, and a Craig: Rainbow Concrete Company, Div. crete Association today represents 1,300 pro- APAC–Okla., Inc., Vinita, OK. strong hand reaching out to ready Creek: Rainbow Concrete Company, Div. ducer member companies, both national and mixed concrete State associations, multinational, that employ thousands of APAC–Okla., Inc., Tulsa, OK; Twin Cities workers and operate in every congressional ready mixed producers, and other mem- Ready Mix, Inc., Tulsa, OK. district in the United States; bers across the country. Custer: Dolese Bros. Co., Clinton, OK— Whereas the National Ready Mixed Con- In my State, the Oklahoma Ready Weatherford, OK. crete Association continues today to assist Mixed Concrete Association has a close Delaware: Rainbow Concrete Company, producers in the ready mixed concrete com- working relationship with the NRMCA. Div. APAC–Okla., Inc., Grove, OK; NEO Con- munity through the introduction of innova- These benefits can be felt across the crete & Materials (DBA Green Country Con- crete), Grove, OK; Twin Cities Ready Mix, tive safety procedures, modern health initia- State as the use of ready mixed con- tives, and progressive environmental control Inc., Tahlequah, OK. crete continues to increase. In the lat- Dewey: Kimball Ready Mix, Inc., Seiling, programs in an effort to enhance the per- est data, Oklahoma ready mixed pro- formance level of the industry; and OK. duction hit 5,440,000 cubic yards by the Garfield: Dolese Bros. Co., Enid, OK; Enid Whereas the National Ready Mixed Con- Concrete Co., Inc., Enid, OK. crete Association will continue to look to- end of 2003. That is an increase of more Garvin: L.A. Jacobson, Inc., Pauls Valley, ward the future by forging alliances within than 1 million cubic yards from just 7 years earlier when ready mixed con- OK—Lindsay, OK; Wynnewood, OK. the ready mixed community, and by becom- Grady: Atlas-Tuck Concrete, Inc., ing more educated in business operations and crete production was at 4,206,000 cubic Chickasha, OK—Tuttle, OK; Dolese Bros. Co., more knowledgeable about the product and yards. Chickasha, OK; Sooner Ready Mix, LLC, the role of ready mixed concrete in the con- The growing use of ready mixed con- Oklahoma City, OK; Schwarz Ready Mix, struction and building of the United States: crete has spurred a host of new ready Inc., Tuttle, OK. Now, therefore, be it mixed concrete companies and busi- Grant: Dolese Bros. Co., Enid, OK; Enid Resolved, that the Senate— Concrete Co., Inc., Enid, OK; PC Concrete (1) congratulates the National Ready nesses in the State and made the ones already in existence even stronger. Company, Inc., Ponca City, OK. Mixed Concrete Association for its 75 year Greer: Altus Ready Mix, Altus/Hobart, OK; history and its contributions to the con- People in Oklahoma know some of the Southwest Ready Mix, Altus, OK. struction of the infrastructure of the United names of the ready mixed companies Harmon: Altus Ready Mix, Altus, OK; States, including homes, buildings, bridges, just by the names on the side of the Southwest Ready Mix, Altus, OK. and highways; concrete trucks traveling on the roads Haskell: Arkhola Sand & Gravel Co., (2) recognizes that the National Ready and highways. Familiar names include: Webbers Falls, OK; Twin Cities Ready Mix, Mixed Concrete Association has been and Adair: Arkhola Sand & Gravel Co., Inc., McAlester—Stigler, OK; Wilburton, OK. will continue to be an invaluable asset in de- Stillwell, OK; Twin Cities Ready Mix, Inc., Hughes: Van Eaton Ready Mix, veloping the history and character of the Tahlequah, OK. Holdenville, OK. United States; and Alfalfa: Alva Concrete, Alva, OK; Dolese Jackson: Altus Ready Mix, Altus, OK; (3) directs the Secretary of the Senate to Bros. Co., Enid, OK; Enid Concrete Co., Inc., Southwest Ready Mix, Altus, OK. transmit a copy of this resolution to the Na- Enid, OK; Kimball/Fairview Ready Mix, Inc., Jefferson: Dolese Bros. Co., Waurika, OK. tional Ready Mixed Concrete Association as Johnston: Jennings Stone Co., Inc., Ada, Fairview, OK. an expression of appreciation and for public Atoka: Harold’s Redi Mix, Lehigh, OK; Joe OK; Dolese Bros. Co., Tishomingo, OK. display at the National Ready Mixed Con- Brown Co., Inc., Atoka, OK; Rustin Concrete Kay: PC Concrete Company, Inc., Ponca crete Association’s 2005 national convention. Company, Atoka, OK; Twin Cities Ready City, OK. Kingfisher: Ogle Ready Mix, Inc., King- Mr. INHOFE. Mr. President, it is my Mix, Inc., McAlester, OK. honor to submit today a resolution Beckham: Dolese Bros. Co., Elk City, OK. fisher, OK; Schwarz Ready Mix, Inc., congratulating the National Ready Blaine: B & W Ready Mix, Inc., Watonga/ Okarche, OK. Kiowa: Carnegie Concrete Company, Car- Mixed Concrete Association on reach- Okeene, OK; Ogle Ready Mix, Inc., King- fisher, OK. negie, OK; Altus Ready Mix, Altus/Hobart, ing a historic milestone—its 75th anni- OK. versary. The NRMCA entered this Bryan: Dolese Bros. Co., Durant, OK; Rustin Concrete Company, Durant, OK. Latimer: Twin Cities Ready Mix, Inc., world in 1930 when the Nation was fac- Caddo: Atlas-Tuck Concrete, Inc., McAlester—Wilburton, OK; Poteau—Stigler, ing some trying times. The country Chickasha, OK; Carnegie Concrete Company, OK. was suffering from a deep economic de- Carnegie, OK; Dolese Bros. Co., Anadarko, Leflore: Twin Cities Ready Mix, Inc., pression and midwestern farmers were OK. Poteau, OK—Stigler, OK; Wilburton, OK. struggling through a drought. Still, Canadian: Atlas-Tuck Concrete, Inc., Lincoln: Dolese Bros. Co., Stillwater, OK; Tuttle, OK; Dolese Bros. Co., El Reno/Pied- Kerns Ready Mixed Concrete, Stillwater, OK; many people were flocking to the mov- Perma Ready Mix, Newalla, OK; Stillwater ies to see ‘‘All Quiet on the Western mont/Yukon, OK; Ensey Concrete & Con- struction, Okahoma City, OK; Ogle Concrete & Materials, Inc., Stillwater, OK; Front’’ and ‘‘Cimarron,’’ which went on ReadyMix, Inc., Kingfisher, OK; Schwarz Block Sand Company, McLoud, OK; Dolese to win the Academy Award for best pic- Ready Mix, Inc., El Reno, OK—Yukon, OK— Bros. Co., Shawnee, OK; Van Eaton Ready ture. Golfer Bobby Jones won both the Piedmont, OK; Sooner Ready Mix, LLC, Mix, Shawnee, OK. British Open and the U.S. Open and in Oklahoma City, OK. Logan: Dolese Bros. Co., Guthrie, OK; Ogle Pennsylvania, a group of men met to Carter: Day Concrete & Block Company, Ready Mix, Inc. Ardmore, OK; Dolese Bros. Co., Ardmore, Love: Dolese Bros. Co., Marietta, OK. officially form the National Ready Major: Kimball Ready Mix, Inc., Fairview, Mixed Concrete Association. OK. Cherokee: Arkhola Sand & Gravel Co., OK. The founders of the NRMCA wanted Tahlequah, OK; Twin Cities Ready Mix, Inc., Marshall: Dolese Bros. Co., Madill, OK; to establish a single voice for the ready Tahlequah, OK—Muskogee. Rustin Concrete Company Madill, OK. mixed concrete industry to represent Choctaw: Rustin Concrete Company, Hugo, Mayes: Kemp Stone Company, Inc., Pryor, the industry before all levels of govern- OK. OK; Mayes County Petroleum Pryor, OK; ment. They wanted the NRMCA to set Cleveland: Atlas-Tuck Concrete, Inc., Rainbow Concrete Company, Div. APAC– product quality standards for the en- Tuttle, OK; Dolese Bros. Co., Moore/Norman, Okla., Inc., Pryor, OK; Twin Cities Ready Mix, Inc., Tahlequah—Tulsa, OK. tire ready mixed concrete industry, OK; Ensey Concrete & Construction, Okla- homa City, OK; Perma Ready Mix, Newalla, McClain: Atlas-Tuck Concrete, Inc., New- without governmental intervention or OK; Schwarz Ready Mix, Inc., Norman, OK; castle, OK; Dolese Bros. Co., Newcastle, OK; mandates. Sooner Ready Mix, LLC, Oklahoma City, OK. Dolese Bros. Co., Blanchard, OK; L.A. If you were to ask the founders today Coal: Harold’s Redi Mix, Lehigh, OK; Jen- Jacobson, Inc., Purcell, OK; Sooner Ready about the progress of their National nings Stone Co., Inc., Ada, OK; Dolese Bros. Mix, LLC, Oklahoma City, OK.

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00110 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 17, 2005 CONGRESSIONAL RECORD — SENATE S1691 McCurtain: Rustin Concrete Company, Producer members of the Oklahoma Ready through Rotary International’s Youth Ex- Broken Bow, OK—Idabel, OK, Valliant, OK. Mixed Concrete Association include: A & M change Program; McIntosh: Foresee Ready Mix Concrete, Concrete, Inc.; Altus Ready-Mix, Inc.; Alva Whereas over the past 5 years, members of Eufaula, OK—Checotah, OK; Twin Cities Concrete; Arkhola Sand & Gravel Co.; Atlas- Rotary International in all 50 States have Ready Mix, Inc., McAlester—Muskogee, OK, Tuck Concrete, Inc.; B & W Ready Mix, hosted participants in Open World, a pro- Stigler, OK. L.L.C.; Bartlesville Redi-Mix, Inc.; Black gram sponsored by the Library of Congress, Murray: Dolese Bros. Co., Davis, OK—Sul- Gold Concrete; Block Sand Company, Inc.; and therefore have earned the honor of serv- phur, OK. Carnegie Concrete Company; Day Concrete & ing as Open World’s most outstanding host; Muskogee: Arkhola Sand & Gravel Co., Block Co.; Dolese Bros. Co.; Enid Concrete Whereas there are approximately 400,000 Webbers Falls, OK; Twin Cities Ready Mix, Company; Foresee Ready Mix Concrete, Inc.; Rotary International club members in more Inc., Muskogee, OK—Tahlequah Tulsa, OK. Goddard Concrete Co., Inc.; Jennings Stone than 7,700 clubs throughout the United Noble: Perry Ready Mix, Inc., Perry, OK. Co., Inc.; Kerns Ready Mixed Concrete, Inc.; States sponsoring service projects to address Nowata: Bartlesville Redi-Mix, Inc., Kimball Ready Mix, Inc.; L.A. Jacobson, critical issues such as poverty, health, hun- Bartlesville, OK; Rainbow Concrete Com- Inc.; Lawton Transit Mix, Inc.; NEO Con- ger, illiteracy, and the environment in their pany, Div. APAC–Okla., Inc., Vinita, OK. crete & Materials, Inc.; DBA Fairland Ready- local communities and abroad; and Okfuskee: Van Eaton Ready Mix, Mix; NEO Concrete & Materials, Inc.; DBA Whereas February 23, 2005, would be an ap- Holdenville, OK. Green Country Concrete; NEO Concrete & propriate date on which to observe Rotary Oklahoma: Atlas-Tuck Concrete, Inc., Materials, Inc.; DBA Miami Concrete; Ogle International Day: Now, therefore, be it Tuttle, OK; Dolese Bros. Co., Oklahoma City/ Ready Mix, Inc.; Okmulgee Ready Mix Con- Resolved, That the Senate— Edmond/Midwest City, OK; Ensey Concrete & crete Co.; PC Concrete Company, Inc.; Perma (1) supports the goals and ideals of a ‘‘Ro- Construction, Oklahoma City/Midwest City, Ready Mix; Perry Ready-Mix, Inc.; Rustin tary International Day’’ to celebrate the OK; Goddard Ready Mixed Concrete, Okla- Concrete Company; Schwarz Ready Mix, Inc.; centennial anniversary of Rotary Inter- homa City/Choctaw/Midwest City, OK; Sooner Ready Mix, L.L.C.; Southwest Ready national; and Perma Ready Mix, Newalla, OK; Schwarz Mix; Stillwater Concrete & Materials, Inc.; (2) recognizes Rotary International for 100 Ready Mix, Inc., Oklahoma City, OK—Ed- Twin Cities Ready Mix, Inc.; Van Eaton years of service to improving the human con- mond, OK; Sooner Ready Mix, LLC, Okla- Ready Mix, Inc. dition in communities throughout the world. homa City, OK. Mr. DURBIN. Mr. President, I offer Okmulgee: Okmulgee Ready Mix Concrete In fact, these ready mixed concrete companies operating in the State today this resolution, S. Res. 62, celebrating Co., Twin Cities Ready Mix, Tulsa, OK. and honoring Rotary International on Osage: Bartlesville Redi-Mix, Inc., help Oklahoma grow. Bartlesville, OK; Black Gold Concrete All along, the National Ready Mixed the occasion of its centennial anniver- Skiatook, OK; Twin Cities Ready Mix, Inc., Concrete Association has been in the sary. I am pleased to have Senator STE- Tulsa, OK. forefront serving as a single voice for VENS and Senator OBAMA join me in Ottawa: NEO Concrete & Materials (DBA the industry. submitting this resolution. Miami Concrete), Miami, OK; NEO Concrete I have had a close relationship with From a small gathering of friends in & Materials (DBA Fairland Ready Mix), the National Ready Mixed Concrete As- Chicago on February 23, 1905, Rotary Fairland, OK. International has grown to become one Pawnee: Perry Ready Mix, Inc., Perry, OK. sociation ever since I was elected to Congress in 1986. It is in this spirit that of the largest non-profit service organi- Payne: Dolese Bros. Co., Stillwater, OK; zations in the world. There are approxi- Kerns Ready Mixed Concrete, Stillwater, OK. I offer this resolution congratulating Pittsburg: Dolese Bros. Co., McAlester, OK; the National Ready Mixed Concrete As- mately 400,000 Rotarians in the United Twin Cities Ready Mix, Inc., McAlester, OK– sociation on its 75th anniversary. States, and 1.2 million members world- Wilburton, OK. wide. S. RES. 62 Pontotoc: Jennings Stone Co., Inc., Ada, Rotarians have undertaken countless OK; Dolese Bros. Co., Ada, OK; L.A. Whereas Rotary International, founded on projects, large and small, to improve Jacobson, Inc., Stratford, OK. February 23, 1905, in Chicago, Illinois, is the the well-being of communities around Pottawatomie: Block Sand Company, world’s first service club and 1 of the largest nonprofit service organizations; the world. They have promoted inter- McLoud, OK; Ensey Concrete & Construc- national exchange and learning as a tion, Dolese Bros. Co., Shawnee, OK; Perma Whereas there are more than 1.2 million Ready Mix, Newalla, OK; Van Eaton Ready Rotary International club members com- means of building goodwill and under- Mix, Inc., Shawnee, OK. prised of professional and business leaders in standing between nations. Pushmataha: Rustin Concrete Company, more than 31,000 clubs in more than 165 coun- In 1985, Rotary International began Antlers, OK; Twin Cities Ready Mix, Inc., tries; working with the U.S. Centers for Dis- McAlester, OK–Wilburton, OK. Whereas the Rotary International motto, ease Control and Prevention, the World Roger Mills: Dolese Bros. Co., Elk City, ‘‘Service Above Self’’, inspires members to Health Organization, and UNICEF to- provide humanitarian service, meet high OK. ward a bold goal: to eliminate polio Rogers: A & M Concrete, Inc., Catoosa, OK; ethical standards, and promote international good will; from the earth. Black Gold Concrete, Skiatook, OK; Rainbow Since then, Rotarians have contrib- Concrete Company, Div. APAC-Okla., Inc., Whereas Rotary International funds club Collinsville, OK; Twin Cities Ready Mix, projects and sponsors volunteers with com- uted over half a billion dollars toward Inc., Tulsa, OK. munity expertise to provide medical sup- the global effort to eradicate polio, and Seminole: Dolese Bros. Co., Seminole, OK. plies, health care, clean water, food produc- their dedication and commitment is Sequouah: Arkhola Sand & Gravel Co., tion, job training, and education to millions paying off. Since 1988, the number of Sallisaw, OK; Twin Cities Ready Mix, Inc., in need, particularly in developing countries; polio cases in the world has dropped by Muskogee, OK–Tahlequah, Poteau, OK. Whereas in 1985, Rotary International 99 percent. The world now stands on launched Polio Plus and spearheaded efforts Stephens: Atlas-Tuck Concrete Co., Inc., the threshold of eradicating the dis- Duncan/Marlow, OK; Dolese Bros. Co., Dun- with the World Health Organization, Centers can, OK. for Disease Control and Prevention, and ease. Tillman: Atlas-Tuck Concrete Co., Inc., UNICEF to immunize the children of the Winston Churchill reminded us, ‘‘We Frederick, OK. world against polio; make a living by what we get, we make Tulsa: Black Gold Concrete, Skiatook, OK; Whereas polio cases have dropped by 99 a life by what we give.’’ With this reso- J & J Sand Co., Broken Arrow, OK; Rainbow percent since 1988, and the world now stands lution, we honor the century of service Concrete Company, Div. APAC-Okla., Inc., on the threshold of eradicating the disease; that the men and women of Rotary Tulsa/Bixby, OK; Twin Cities Ready Mix, Whereas Rotary International is the larg- International have given. I look for- Inc., Tulsa, OK; Viking Concrete Company, est privately-funded source of international ward to continuing to work with them scholarships in the world and promotes Broken Arrow, OK. in the years ahead. Wagoner: A & M Concrete, Inc., Catoosa, international understanding through schol- OK; Greenhill Materials, Catoosa, OK; Ark arships, exchange programs, and humani- S. RES. 63 River Sand of Oklahoma, Coweta, OK; Twin tarian grants; Whereas on February 14, 2005, Rafiq Hariri, Cities Ready Mix, Inc., Muskogee, OK–Tahle- Whereas since 1947, more than 35,000 stu- the former Prime Minister of Lebanon, was quah, Tulsa, OK. dents from 110 countries have studied abroad assassinated in a despicable terrorist attack; Washington: Bartlesville Redi-Mix, Inc., as Rotary Ambassadorial Scholars; Whereas the car bomb used in the assas- Bartlesville, OK; Black Gold Concrete, Whereas Rotary International’s Group sination killed 16 others and injured more Skiatook, OK; Twin Cities Ready Mix, Inc., Study Exchange program has helped more than 100 people; Tulsa, OK. than 46,000 young professionals explore ca- Whereas the intent of the terrorists who Washita: Carnegie Concrete Company, Car- reer fields in other countries; carried out the assassination was to intimi- negie, OK; Dolese Bros. Co., Cordell, OK. Whereas 8,000 secondary school students date the Lebanese people and push Lebanon Woods: Alva Concrete Alva, OK. each year experience life in another country backward toward chaos;

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00111 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1692 CONGRESSIONAL RECORD — SENATE February 17, 2005 Whereas Rafiq Hariri served as Prime Min- sive intelligence and military presence day to coordinate the next diplomatic ister of Lebanon for a total of 10 years since in Lebanon, its opposition to Hariri is steps. the end of the Lebanese war in 1991; well known, and it continues to play a If France were to recall its Ambas- Whereas Rafiq Hariri helped revitalize the destabilizing role in Lebanese affairs. sador to Syria, the rest of Europe economy of Lebanon and rebuild its shat- Syria must get out of Lebanon—now. would follow France’s lead. If France tered infrastructure and pioneered and di- Prime Minister Hariri’s emergence as rected the rebirth of Beirut’s historic down- and the United States together called town district; an opponent to Syrian meddling in for a United Nations Security Council Whereas Rafiq Hariri stepped down as Lebanon was seen as a serious threat in resolution to establish an independent Prime Minister on October 20, 2004; Damascus. The fact that he was a Mus- investigation, I believe such a resolu- Whereas Syria maintains at least 14,000 lim holding such opinions was even tion would pass. Such cooperation troops and a large number of intelligence more problematic, as this reflects the would send a signal more powerful to personnel in Lebanon; spread of anti-Syrian sentiment in re- the Syrians than any unilateral U.S. Whereas there is widespread opposition in cent years beyond the Maronite Chris- Lebanon to the continuing Syrian presence moves. tian community. Given the lingering mistrust between in Lebanon; Cooperation across confessional lines Whereas the United Nations Security Europe and the U.S. over Iraq, France Council issued a Presidential Statement in Lebanon complicates the ability of may at first be hesitant. That is why I (February 15, 2005) condemning the terrorist Syria to maintain its grip over Leba- believe President Bush should engage bombing that killed Rafiq Hariri and calling nese affairs. personally with President Chirac to de- That is why Syria forced Prime Min- on ‘‘the Lebanese Government to bring to velop a joint diplomatic strategy and ister Hariri to resign last October. And justice the perpetrators, organizers and to dispel any apprehensions about our sponsors of this heinous terrorist act’’; that is why Syria, through its Leba- intentions. Whereas United Nations Security Council nese allies, had been trying to dilute Mr. President, Rafiq Hariri’s assas- Resolution 1559 (September 2, 2004) calls for Hariri’s influence by redrawing elec- sination was about more than the mur- the political independence and sovereignty toral districts ahead of parliamentary der of one leader. It was an attempt to of Lebanon, the withdrawal of foreign forces elections due later this Spring. from Lebanon, and the disarmament of all The resolution I have introduced con- kill the hopes and aspirations for free- militias in Lebanon; demns the assassination, extends con- dom in Lebanon. Whereas Syria is the main supporter of the There are those who argue that we terrorist group Hezbollah, the only signifi- dolences to Mr. Hariri’s family and the Lebanese people; it demands that Syria have no national interest in the inde- cant remaining armed militia in Lebanon; pendence of Lebanon. Given our bitter Whereas Hezbollah supports Palestinian immediately withdraw its troops and terrorist groups and poses a threat to the intelligence personnel from Lebanon; it experiences in Lebanon, I can under- prospects for peace in the Middle East; urges the President ask the United Na- stand their apprehensions. But I dis- Whereas the Syria Accountability and Leb- tions Security Council to go beyond agree that we have no interest in Leba- anese Sovereignty Restoration Act of 2003 (22 Tuesday’s statement condemning the nese independence. U.S.C. 2151 note) was enacted into law on De- assassination by passing a resolution The Syrian presence in Lebanon en- cember 12, 2003; and ables the terrorist group Hezbollah to Whereas the President has recalled the establishing an independent investiga- tion. continue to operate as the only signifi- United States Ambassador to Syria for ur- cant armed militia 14 years after the gent consultations: Now, therefore, be it I would add parenthetically that Resolved, That the Senate— many in Lebanon are skeptical of an end of the Lebanese civil war. (1) condemns the cowardly and despicable investigation that would be carried out Hezbollah enables Syrian and Iranian assassination of Rafiq Hariri, the former by a government they perceive as tak- hardliners to try and derail renewed Prime Minister of Lebanon; ing its orders from Syria. hopes for Israeli-Palestinian peace. (2) extends condolences to Prime Minister The resolution urges the President to Based on my recent meetings with Hariri’s family and the people of Lebanon; consider imposing additional sanctions Israeli and Palestinian leaders, it is (3) supports United Nations Security Coun- under the Syria Accountability Act. clear that Hezbollah, through its sup- cil Resolution 1559 (September 2, 2004), which port for Palestinian terrorist groups, is calls for the withdrawal of all foreign forces Finally, it supports the call of the from Lebanon; Lebanese people for an end to Syria’s seen as a significant threat to a fragile (4) urges the President to seek a United presence in Lebanon, and for free and peace process. Nations Security Council resolution that es- fair elections for parliament this That is why I believe we do have an tablishes an independent investigation into Spring monitored by international ob- important interest in diminishing Syr- the assassination; servers. ia’s involvement in Lebanon. (5) urges the President to consider impos- Mr. President, I’d like to add a word At this moment, it is essential that ing sanctions under the Syria Accountability about what this resolution does not do. the forces of terror hear a unified voice and Lebanese Sovereignty Restoration Act from the civilized world. They must of 2003 (22 U.S.C. 2151 note); and It does not in any way, shape, or form (6) supports the call of the Lebanese people even hint at supporting the use of force not be seen as succeeding, lest they are for an end to Syria’s presence in Lebanon, against Syria. emboldened to take even more aggres- and for free and fair elections monitored by I think it is important to state that sive action in other arenas. Instead, international observers. clearly, given the mistrust of many in Monday’s attack must be seen as a de- Mr. BIDEN. Mr. President, my reso- Congress over the administration’s in- cisive setback for Syria and its allies. lution, S. Res. 63, calls for an inter- tentions after the mishandling of Iraq. I urge the President and the Sec- national investigation into Monday’s The intent of this resolution is to en- retary of State to act quickly on the assassination of Prime Minister Rafiq courage the President to work with the recommendations offered in this reso- Hariri of Lebanon. The resolution also international community to inves- lution. urges the President to take steps to tigate the assassination and to use dip- Rafiq Hariri’s death must not be in pressure Syria to leave Lebanon. lomatic pressure for Syria to leave vain, and the Lebanese people whom he I am pleased that Senators LUGAR, Lebanon. served deserve answers—and action. REID, LEVIN, DODD, CORZINE, ALLEN, In fact, this tragic incident offers an Let us hope that this barbarous mur- and CHAFEE have joined in co-spon- opportunity to work closely with der marks the beginning of the end of soring this resolution. France. It was French-U.S. cooperation Syria’s presence and interference in The despicable murder of Rafiq which resulted in the passage of a Lebanon. Hariri has deprived Lebanon of a dedi- United Nations Security Council reso- I yield the floor. cated and effective leader. lution last September calling for the f It also is an attempt at intimidating withdrawal of all foreign forces from the Lebanese people and pushing the Lebanon. And just yesterday President DESIGNATING THE YEAR 2005 ‘‘THE country backward toward chaos. It Chirac made a personal visit to Leb- YEAR OF FOREIGN LANGUAGE must not succeed. anon to console Hariri’s family. I com- STUDY’’ In Lebanon and beyond, many sus- mend him for this important gesture. Mr. FRIST. Mr. President, I ask pect that Syria is responsible. That’s I urge President Bush to use his unanimous consent that the Judiciary understandable—Syria has an exten- meeting with President Chirac on Mon- Committee be discharged from further

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00112 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 17, 2005 CONGRESSIONAL RECORD — SENATE S1693 consideration of S. Res. 28 and that the foreign language study and requisite knowl- S. 125 Senate then proceed to its immediate edge in languages as vital for the Federal Be it enacted by the Senate and House of Rep- consideration. Government to meet 21st century security resentatives of the United States of America in The PRESIDING OFFICER. Without challenges properly and effectively; Congress assembled, Whereas the American intelligence com- objection, it is so ordered. The clerk SECTION 1. DESIGNATION. munity stresses that individuals with proper The United States courthouse located at will state the resolution by title. foreign language expertise are greatly need- 501 I Street in Sacramento, California, shall The assistant legislative clerk read ed to work on important national security be known and designated as the ‘‘Robert T. as follows: and foreign policy issues, especially in light Matsui United States Courthouse’’. A resolution (S. Res. 28) designating the of the terrorist attacks on September 11, year 2005 ‘‘The Year of Foreign Language 2001; SEC. 2. REFERENCES. Study.’’ Whereas a 1998 study conducted by the Na- Any reference in a law, map, regulation, There being no objection, the Senate tional Foreign Language Center concludes document, paper, or other record of the proceeded to consider the resolution. that inadequate resources existed for the de- United States to the United States court- Mr. FRIST. Mr. President, I ask velopment, publication, distribution, and house referred to in section 1 shall be deemed unanimous consent that the resolution teaching of critical foreign languages (such to be a reference to the ‘‘Robert T. Matsui United States Courthouse’’. and the preamble be agreed to en bloc, as Arabic, Vietnamese, and Thai) because of the motion to reconsider be laid upon low student enrollment in the United States; f and the table, and that any statements re- Whereas a shortfall of experts in foreign AUTHORITY TO SIGN DULY EN- lating to the measure be printed in the languages has seriously hampered informa- ROLLED BILLS AND JOINT RESO- RECORD, with no intervening action. tion gathering and analysis within the LUTIONS The PRESIDING OFFICER. Without American intelligence community as dem- Mr. FRIST. Mr. President, I ask objection, it is so ordered. onstrated by the 2000 Cox Commission noting unanimous consent that during the ad- The resolution (S. Res. 28) was agreed shortfalls in Chinese proficiency, and the Na- to. tional Intelligence Council citing defi- journment of the Senate, the senior The preamble was agreed to. ciencies in Central Eurasian, East Asian, and Senator from Virginia and the junior The resolution, with its preamble, Middle Eastern languages: Now, therefore, be Senator from Virginia be authorized to reads as follows: it sign duly enrolled bills and joint reso- S. RES. 28 Resolved, That— lutions. (1) it is the sense of the Senate that foreign Whereas according to the 2000 decennial The PRESIDING OFFICER. Without language study makes important contribu- census of the population, 9.3 percent of objection, it is so ordered. tions to a student’s cognitive development, Americans speak both their native language our national economy, and our national se- f and another language fluently; curity; Whereas according to the European Com- AUTHORITY FOR COMMITTEES TO (2) the Senate— mission Directorate General for Education REPORT (A) designates the year 2005 as the ‘‘Year of and Culture, 52.7 percent of Europeans speak Foreign Language Study’’, during which for- Mr. FRIST. Mr. President, I ask both their native language and another lan- eign language study is promoted and ex- unanimous consent that notwith- guage fluently; panded in elementary schools, secondary Whereas the Elementary and Secondary standing the Senate’s adjournment, Education Act of 1965 names foreign lan- schools, institutions of higher learning, busi- committees be authorized to report guage study as part of a core curriculum nesses, and government programs; and legislative and executive matters on that includes English, mathematics, science, (B) requests that the President issue a Wednesday, February 23, from 10 a.m. proclamation calling upon the people of the civics, economics, arts, history, and geog- to 12 noon. raphy; United States to— (i) encourage and support initiatives to The PRESIDING OFFICER. Without Whereas according to the Joint Center for objection, it is so ordered. International Language, foreign language promote and expand the study of foreign lan- study increases a student’s cognitive and guages; and f (ii) observe the ‘‘Year of Foreign Language critical thinking abilities; APPOINTMENTS Whereas according to the American Coun- Study’’ with appropriate ceremonies, pro- cil on the Teaching of Foreign Languages, grams, and other activities. The PRESIDING OFFICER. The foreign language study increases a student’s Chair announces, on behalf of the Ma- ability to compare and contrast cultural f jority Leader, pursuant to the provi- concepts; sions of S. Res. 105, adopted April 13, Whereas according to a 1992 report by the DESIGNATING THE ROBERT T. 1989, as amended by S. Res. 149, adopted College Entrance Examination Board, stu- MATSUI UNITED STATES COURT- October 5, 1993, as amended by Public dents with 4 or more years in foreign lan- HOUSE guage study scored higher on the verbal sec- Law 105–275, further amended by S. tion of the Scholastic Aptitude Test (SAT) Mr. FRIST. Mr. President, I ask Res. 75, adopted March 25, 1999, amend- than students who did not; unanimous consent that the Senate ed by S. Res. 383, adopted October 27, Whereas the Higher Education Act of 1965 proceed to the immediate consider- 2000, and amended by S. Res. 355, adopt- labels foreign language study as vital to se- ation of Calendar No. 7, S. 125. ed November 13, 2002, and further cure the future economic welfare of the The PRESIDING OFFICER. The amended by S. Res. 480, adopted No- United States in a growing international clerk will state the bill by title. vember 20, 2004, the appointment of the economy; Whereas the Higher Education Act of 1965 The assistant legislative clerk read following Senators to serve as members recommends encouraging businesses and for- as follows: of the Senate National Security Work- eign language study programs to work in a A bill (S. 125) to designate the United ing Group for the 109th Congress: Sen- mutually productive relationship which ben- States courthouse located at 501 I Street in ator TED STEVENS of Alaska, President efits the Nation’s future economic interest; Sacramento, California, as the Robert T. Pro Tempore; Senator THAD COCHRAN Whereas according to the Centers for Inter- Matsui United States Courthouse. of Mississippi, Majority Co-Chairman; national Business Education and Research There being no objection, the Senate Senator JOHN KYL of Arizona, Majority program, foreign language study provides proceeded to consider the bill. Co-Chairman; Senator RICHARD LUGAR the ability both to gain a comprehensive un- derstanding of and to interact with the cul- Mr. FRIST. Mr. President, I ask of Indiana; Senator JOHN WARNER of tures of United States trading partners, and unanimous consent that the bill be Virginia; Senator JEFF SESSIONS of thus establishes a solid foundation for suc- read the third time and passed, the mo- Alabama; Senator TRENT LOTT of Mis- cessful economic relationships; tion to reconsider be laid on the table, sissippi, Majority Co-Chairman; Sen- Whereas Report 107–592 of the Permanent and that any statements relating ator GORDON SMITH of Oregon; and Sen- Select Committee on Intelligence of the thereto be printed in the RECORD, all ator LINCOLN CHAFEE of Rhode Island. House of Representatives concludes that without further intervening action or The Chair, on behalf of the Majority American multinational corporations and debate. Leader, pursuant to Section 154 of Pub- nongovernmental organizations do not have the people with the foreign language abili- The PRESIDING OFFICER. Without lic Law 108–199, appoints the following ties and cultural exposure that are needed; objection, it is so ordered. Senator as Chairman of the Senate Whereas the 2001 Hart-Rudman Report on The bill (S. 125) was read the third Delegation to the U.S.-Russia Inter- National Security in the 21st Century names time and passed, as follows: parliamentary Group conference during

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00113 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1694 CONGRESSIONAL RECORD — SENATE February 17, 2005 the 109th Congress: the Honorable proceed to the consideration of Cal- (1) not to exceed $150,000, may be expended TRENT LOTT of Mississippi. endar No. 5, S. Res. 50, the committee for the procurement of the services of indi- The Chair, on behalf of the Vice funding resolution. vidual consultants, or organizations thereof President, pursuant to 22 U.S.C. 276d– The PRESIDING OFFICER. The (as authorized by section 202(i) of the Legis- 276g, as amended, appoints the fol- lative Reorganization Act of 1946 (2 U.S.C. clerk will report the resolution by 72a(i))); and lowing Senator as Chairman of the title. (2) not to exceed $40,000, may be expended Senate Delegation to the Canada-U.S. The assistant legislative clerk read for the training of the professional staff of Interparliamentary Group conference as follows: such committee (under procedures specified during the 109th Congress: the Honor- A resolution (S. Res. 50) authorizing ex- by section 202(j) of that Act). able MICHAEL D. CRAPO of Idaho. penditures by committees of the Senate for (c) EXPENSES FOR FISCAL YEAR 2006 PE- The Chair, on behalf of the Vice the periods March 1, 2005, through September RIOD.—The expenses of the committee for the President, in accordance with 22 U.S.C. 30, 2005, October 1, 2005, through September period October 1, 2005, through September 30, 2006, under this section shall not exceed 1928a–1928d, as amended, appoints the 30, 2006, and October 1, 2006, through Feb- ruary 28, 2007. $3,670,623, of which amount— following Senator as Chairman of the (1) not to exceed $150,000, may be expended Senate Delegation to the NATO Par- There being no objection, the Senate for the procurement of the services of indi- liamentary Assembly during the 109th proceeded to consider the resolution. vidual consultants, or organizations thereof Congress: the Honorable GORDON H. Mr. FRIST. Mr. President, I ask (as authorized by section 202(i) of the Legis- SMITH of Oregon. unanimous consent that the resolution lative Reorganization Act of 1946 (2 U.S.C. be agreed to, the motion to reconsider 72a(i))); and f be laid upon the table, and any state- (2) not to exceed $40,000, may be expended MEASURE READ THE FIRST ments relating to the resolution be for the training of the professional staff of such committee (under procedures specified TIME—H.R. 310 printed in the RECORD. by section 202(j) of that Act). Mr. FRIST. Mr. President, I under- The PRESIDING OFFICER. Without (d) EXPENSES FOR PERIOD ENDING FEBRUARY stand there is a bill at the desk, and I objection, it is so ordered. 28, 2007.—For the period October 1, 2006, ask for its first reading. The resolution (S. Res. 50) was agreed through February 28, 2007, expenses of the The PRESIDING OFFICER. The to, as follows: committee under this section shall not ex- clerk will read the title of the bill. S. RES. 50 ceed $1,562,289, of which amount— (1) not to exceed $150,000, may be expended The assistant legislative clerk read Resolved, as follows: for the procurement of the services of indi- SECTION 1. AGGREGATE AUTHORIZATION. vidual consultants, or organizations thereof A bill (H.R. 310) to increase the penalties (a) IN GENERAL.—For purposes of carrying (as authorized by section 202(i) of the Legis- for violations by television and radio broad- out the powers, duties, and functions under lative Reorganization Act of 1946); and casters of the prohibitions against trans- the Standing Rules of the Senate, and under (2) not to exceed $40,000, may be expended mission of obscene, indecent, and profane the appropriate authorizing resolutions of for the training of the professional staff of material, and for other purposes. the Senate there is authorized for the period such committee (under procedures specified Mr. FRIST. I now ask for a second March 1, 2005, through September 30, 2005, in by section 202(j) of that Act). the aggregate of $52,563,753, for the period reading and, in order to place the bill SEC. 3. COMMITTEE ON ARMED SERVICES. October 1, 2005, through September 30, 2006, on the calendar under the provisions of (a) GENERAL AUTHORITY.—In carrying out in the aggregate of $92,292,337, and for the pe- its powers, duties, and functions under the rule XIV, I object to my own request. riod October 1, 2006, through February 28, The PRESIDING OFFICER. Objec- Standing Rules of the Senate, in accordance 2007, in the aggregate of $39,287,233, in ac- with its jurisdiction under rule XXV of such tion is heard. The bill will receive a cordance with the provisions of this resolu- second reading on the next legislative rules, including holding hearings, reporting tion, for standing committees of the Senate, such hearings, and making investigations as day. the Special Committee on Aging, the Select authorized by paragraphs 1 and 8 of rule f Committee on Intelligence, and the Com- XXVI of the Standing Rules of the Senate, mittee on Indian Affairs. the Committee on Armed Services is author- MEASURES PLACED ON THE (b) AGENCY CONTRIBUTIONS.—There are au- ized from March 1, 2005, through February 28, CALENDAR—S. 397 AND S. 403 thorized such sums as may be necessary for 2007, in its discretion— Mr. FRIST. Mr. President, I under- agency contributions related to the com- (1) to make expenditures from the contin- pensation of employees of the committees stand there are two bills at the desk gent fund of the Senate; for the period March 1, 2005, through Sep- (2) to employ personnel; and and due for their second readings. I ask tember 30, 2005, for the period October 1, 2005, unanimous consent that the clerk read (3) with the prior consent of the Govern- through September 30, 2006, and for the pe- ment department or agency concerned and the titles of the bills for a second time riod October 1, 2006, through February 28, the Committee on Rules and Administration, en bloc. 2007, to be paid from the appropriations ac- to use on a reimbursable, or nonreimburs- The PRESIDING OFFICER. Without count for ‘‘Expenses of Inquiries and Inves- able, basis the services of personnel of any objection, it is so ordered. The clerk tigations’’ of the Senate. such department or agency. will read the titles of the bills for a SEC. 2. COMMITTEE ON AGRICULTURE, NUTRI- (b) EXPENSES FOR PERIOD ENDING SEP- second time. TION, AND FORESTRY. TEMBER 30, 2005.—The expenses of the com- The assistant legislative clerk read (a) GENERAL AUTHORITY.—In carrying out mittee for the period March 1, 2005, through its powers, duties, and functions under the as follows: September 30, 2005, under this section shall Standing Rules of the Senate, in accordance not exceed $3,859,485, of which amount— A bill (S. 397) to prohibit civil liability ac- with its jurisdiction under rule XXV of such (1) not to exceed $80,000, may be expended tions from being brought or continued rules, including holding hearings, reporting for the procurement of the services of indi- against manufacturers, distributors, dealers, such hearings, and making investigations as vidual consultants, or organizations thereof or importers of firearms or ammunition for authorized by paragraphs 1 and 8 of rule (as authorized by section 202(i) of the Legis- damages, injunctive or other relief resulting XXVI of the Standing Rules of the Senate, lative Reorganization Act of 1946 (2 U.S.C. from the misuse of their products by others. the Committee on Agriculture, Nutrition, 72a(i))); and A bill (S. 403) to amend title 18, United and Forestry is authorized from March 1, (2) not to exceed $30,000, may be expended States Code, to prohibit taking minors 2005, through February 28, 2007, in its discre- for the training of the professional staff of across State lines in circumvention of laws tion— such committee (under procedures specified requiring the involvement of parents in abor- (1) to make expenditures from the contin- by section 202(j) of that Act). tion decisions. gent fund of the Senate; (c) EXPENSES FOR FISCAL YEAR 2006 PE- Mr. FRIST. Mr. President, I object to (2) to employ personnel; and RIOD.—The expenses of the committee for the further proceedings en bloc. (3) with the prior consent of the Govern- period October 1, 2005, through September 30, The PRESIDING OFFICER. Objec- ment department or agency concerned and 2006, under this section shall not exceed tion has been heard. The bills will be the Committee on Rules and Administration, $6,778,457, of which amount— placed on the Senate calendar. to use on a reimbursable, or nonreimburs- (1) not to exceed $75,000, may be expended able, basis the services of personnel of any for the procurement of the services of indi- f such department or agency. vidual consultants, or organizations thereof AUTHORIZING EXPENDITURES BY (b) EXPENSES FOR PERIOD ENDING SEP- (as authorized by section 202(i) of the Legis- COMMITTEES OF THE SENATE TEMBER 30, 2005.—The expenses of the com- lative Reorganization Act of 1946 (2 U.S.C. mittee for the period March 1, 2005, through 72a(i))); and Mr. FRIST. Mr. President, I ask September 30, 2005, under this section shall (2) not to exceed $30,000, may be expended unanimous consent that the Senate not exceed $2,090,901, of which amount— for the training of the professional staff of

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00114 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 17, 2005 CONGRESSIONAL RECORD — SENATE S1695 such committee (under procedures specified with its jurisdiction under rule XXV of such (1) not to exceed $50,000, may be expended by section 202(j) of that Act). rules, including holding hearings, reporting for the procurement of the services of indi- (d) EXPENSES FOR PERIOD ENDING FEBRUARY such hearings, and making investigations as vidual consultants, or organizations thereof 28, 2007.—For the period October 1, 2006, authorized by paragraph 1 of rule XXVI of (as authorized by section 202(i) of the Legis- through February 28, 2007, expenses of the the Standing Rules of the Senate, the Com- lative Reorganization Act of 1946 (2 U.S.C. committee under this section shall not ex- mittee on the Budget is authorized from 72a(i))); and ceed $2,886,176, of which amount— March 1, 2005, through February 28, 2007, in (2) not to exceed $50,000, may be expended (1) not to exceed $50,000, may be expended its discretion— for the training of the professional staff of for the procurement of the services of indi- (1) to make expenditures from the contin- such committee (under procedures specified vidual consultants, or organizations thereof gent fund of the Senate; by section 202(j) of that Act). (as authorized by section 202(i) of the Legis- (2) to employ personnel; and (c) EXPENSES FOR FISCAL YEAR 2006 PE- lative Reorganization Act of 1946); and (3) with the prior consent of the Govern- RIOD.—The expenses of the committee for the (2) not to exceed $30,000, may be expended ment department or agency concerned and period October 1, 2005, through September 30, for the training of the professional staff of the Committee on Rules and Administration, 2006, under this section shall not exceed such committee (under procedures specified to use on a reimbursable, or nonreimburs- $6,080,372, of which amount— by section 202(j) of that Act). able, basis the services of personnel of any (1) not to exceed $50,000, may be expended such department or agency. SEC. 4. COMMITTEE ON BANKING, HOUSING, AND for the procurement of the services of indi- URBAN AFFAIRS. (b) EXPENSES FOR PERIOD ENDING SEP- vidual consultants, or organizations thereof TEMBER 30, 2005.—The expenses of the com- (a) GENERAL AUTHORITY.—In carrying out (as authorized by section 202(i) of the Legis- mittee for the period March 1, 2005, through its powers, duties, and functions under the lative Reorganization Act of 1946 (2 U.S.C. September 30, 2005, under this section shall Standing Rules of the Senate, in accordance 72a(i))); and not exceed $3,367,870, of which amount— (2) not to exceed $50,000, may be expended with its jurisdiction under rule XXV of such (1) not to exceed $35,000, may be expended for the training of the professional staff of rules, including holding hearings, reporting for the procurement of the services of indi- such committee (under procedures specified such hearings, and making investigations as vidual consultants, or organizations thereof by section 202(j) of that Act). authorized by paragraphs 1 and 8 of rule (as authorized by section 202(i) of the Legis- (d) EXPENSES FOR PERIOD ENDING FEBRUARY XXVI of the Standing Rules of the Senate, lative Reorganization Act of 1946 (2 U.S.C. 28, 2007.—For the period October 1, 2006, the Committee on Banking, Housing, and 72a(i))); and Urban Affairs is authorized from March 1, (2) not to exceed $21,000, may be expended through February 28, 2007, expenses of the 2005, through February 28, 2007, in its discre- for the training of the professional staff of committee under this section shall not ex- tion— such committee (under procedures specified ceed $2,588,267, of which amount— (1) to make expenditures from the contin- by section 202(j) of that Act). (1) not to exceed $50,000, may be expended gent fund of the Senate; (c) EXPENSES FOR FISCAL YEAR 2006 PE- for the procurement of the services of indi- (2) to employ personnel; and RIOD.—The expenses of the committee for the vidual consultants, or organizations thereof (3) with the prior consent of the Govern- period October 1, 2005, through September 30, (as authorized by section 202(i) of the Legis- ment department or agency concerned and 2006, under this section shall not exceed lative Reorganization Act of 1946); and the Committee on Rules and Administration, $5,915,179, of which amount— (2) not to exceed $50,000, may be expended to use on a reimbursable, or nonreimburs- (1) not to exceed $60,000, may be expended for the training of the professional staff of able, basis the services of personnel of any for the procurement of the services of indi- such committee (under procedures specified such department or agency. vidual consultants, or organizations thereof by section 202(j) of that Act). (b) EXPENSES FOR PERIOD ENDING SEP- (as authorized by section 202(i) of the Legis- SEC. 7. COMMITTEE ON ENERGY AND NATURAL TEMBER 30, 2005.—The expenses of the com- lative Reorganization Act of 1946 (2 U.S.C. RESOURCES. mittee for the period March 1, 2005, through 72a(i))); and (a) GENERAL AUTHORITY.—In carrying out September 30, 2005, under this section shall (2) not to exceed $36,000, may be expended its powers, duties, and functions under the not exceed $3,196,078, of which amount— for the training of the professional staff of Standing Rules of the Senate, in accordance (1) not to exceed $12,000, may be expended such committee (under procedures specified with its jurisdiction under rule XXV of such for the procurement of the services of indi- by section 202(j) of that Act). rules, including holding hearings, reporting vidual consultants, or organizations thereof (d) EXPENSES FOR PERIOD ENDING FEBRUARY such hearings, and making investigations as (as authorized by section 202(i) of the Legis- 28, 2007.—For the period October 1, 2006, authorized by paragraphs 1 and 8 of rule lative Reorganization Act of 1946 (2 U.S.C. through February 28, 2007, expenses of the XXVI of the Standing Rules of the Senate, 72a(i))); and committee under this section shall not ex- the Committee on Energy and Natural Re- (2) not to exceed $700, may be expended for ceed $2,518,660, of which amount— sources is authorized from March 1, 2005, the training of the professional staff of such (1) not to exceed $25,000, may be expended through February 28, 2007, in its discretion— committee (under procedures specified by for the procurement of the services of indi- (1) to make expenditures from the contin- section 202(j) of that Act). vidual consultants, or organizations thereof gent fund of the Senate; (c) EXPENSES FOR FISCAL YEAR 2006 PE- (as authorized by section 202(i) of the Legis- (2) to employ personnel; and RIOD.—The expenses of the committee for the lative Reorganization Act of 1946); and (3) with the prior consent of the Govern- period October 1, 2005, through September 30, (2) not to exceed $15,000, may be expended ment department or agency concerned and 2006, under this section shall not exceed for the training of the professional staff of the Committee on Rules and Administration, $5,611,167, of which amount— such committee (under procedures specified to use on a reimbursable, or nonreimburs- (1) not to exceed $20,000, may be expended by section 202(j) of that Act). able, basis the services of personnel of any for the procurement of the services of indi- SEC. 6. COMMITTEE ON COMMERCE, SCIENCE, such department or agency. AND TRANSPORTATION. vidual consultants, or organizations thereof (b) EXPENSES FOR PERIOD ENDING SEP- (a) GENERAL AUTHORITY.—In carrying out (as authorized by section 202(i) of the Legis- TEMBER 30, 2005.—The expenses of the com- lative Reorganization Act of 1946 (2 U.S.C. its powers, duties, and functions under the mittee for the period March 1, 2005, through Standing Rules of the Senate, in accordance 72a(i))); and September 30, 2005, under this section shall with its jurisdiction under rule XXV of such (2) not to exceed $1,200, may be expended not exceed $2,923,302. rules, including holding hearings, reporting for the training of the professional staff of (c) EXPENSES FOR FISCAL YEAR 2006 PE- such hearings, and making investigations as such committee (under procedures specified RIOD.—The expenses of the committee for the authorized by paragraphs 1 and 8 of rule by section 202(j) of that Act). XXVI of the Standing Rules of the Senate, period October 1, 2005, through September 30, (d) EXPENSES FOR PERIOD ENDING FEBRUARY the Committee on Commerce, Science, and 2006, under this section shall not exceed 28, 2007.—For the period October 1, 2006, Transportation is authorized from March 1, $5,133,032. through February 28, 2007, expenses of the 2005, through February 28, 2007, in its discre- (d) EXPENSES FOR PERIOD ENDING FEBRUARY committee under this section shall not ex- tion— 28, 2007.—For the period October 1, 2006, ceed $2,388,363, of which amount— (1) to make expenditures from the contin- through February 28, 2007, expenses of the (1) not to exceed $8,000, may be expended gent fund of the Senate; committee under this section shall not ex- for the procurement of the services of indi- (2) to employ personnel; and ceed $2,185,132. vidual consultants, or organizations thereof (3) with the prior consent of the Govern- SEC. 8. COMMITTEE ON ENVIRONMENT AND PUB- (as authorized by section 202(i) of the Legis- ment department or agency concerned and LIC WORKS. lative Reorganization Act of 1946); and the Committee on Rules and Administration, (a) GENERAL AUTHORITY.—In carrying out (2) not to exceed $500, may be expended for to use on a reimbursable, or nonreimburs- its powers, duties, and functions under the the training of the professional staff of such able, basis the services of personnel of any Standing Rules of the Senate, in accordance committee (under procedures specified by such department or agency. with its jurisdiction under rule XXV of such section 202(j) of that Act). (b) EXPENSES FOR PERIOD ENDING SEP- rules, including holding hearings, reporting SEC. 5. COMMITTEE ON THE BUDGET. TEMBER 30, 2005.—The expenses of the com- such hearings, and making investigations as (a) GENERAL AUTHORITY.—In carrying out mittee for the period March 1, 2005, through authorized by paragraphs 1 and 8 of rule its powers, duties, and functions under the September 30, 2005, under this section shall XXVI of the Standing Rules of the Senate, Standing Rules of the Senate, in accordance not exceed $3,463,046, of which amount— the Committee on Environment and Public

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00115 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1696 CONGRESSIONAL RECORD — SENATE February 17, 2005 Works is authorized from March 1, 2005, (2) not to exceed $5,833, may be expended committee under this section shall not ex- through February 28, 2007, in its discretion— for the training of the professional staff of ceed $2,313,266, of which amount— (1) to make expenditures from the contin- such committee (under procedures specified (1) not to exceed $100,000, may be expended gent fund of the Senate; by section 202(j) of that Act). for the procurement of the services of indi- (2) to employ personnel; and (c) EXPENSES FOR FISCAL YEAR 2006 PE- vidual consultants, or organizations thereof (3) with the prior consent of the Govern- RIOD.—The expenses of the committee for the (as authorized by section 202(i) of the Legis- ment department or agency concerned and period October 1, 2005, through September 30, lative Reorganization Act of 1946); and the Committee on Rules and Administration, 2006, under this section shall not exceed (2) not to exceed $5,000, may be expended to use on a reimbursable, or nonreimburs- $6,610,598, of which amount— for the training of the professional staff of able, basis the services of personnel of any (1) not to exceed $30,000, may be expended such committee (under procedures specified such department or agency. for the procurement of the services of indi- by section 202(j) of that Act). (b) EXPENSES FOR PERIOD ENDING SEP- vidual consultants, or organizations thereof SEC. 11. COMMITTEE ON HOMELAND SECURITY TEMBER 30, 2005.—The expenses of the com- (as authorized by section 202(i) of the Legis- AND GOVERNMENTAL AFFAIRS. mittee for the period March 1, 2005, through lative Reorganization Act of 1946 (2 U.S.C. (a) GENERAL AUTHORITY.—In carrying out September 30, 2005, under this section shall 72a(i))); and its powers, duties, and functions under the not exceed $2,696,689, of which amount— (2) not to exceed $10,000, may be expended Standing Rules of the Senate, in accordance (1) not to exceed $4,667, may be expended for the training of the professional staff of with its jurisdiction under rule XXV of such for the procurement of the services of indi- such committee (under procedures specified rules, including holding hearings, reporting vidual consultants, or organizations thereof by section 202(j) of that Act). such hearings, and making investigations as (as authorized by section 202(i) of the Legis- (d) EXPENSES FOR PERIOD ENDING FEBRUARY authorized by paragraphs 1 and 8 of rule lative Reorganization Act of 1946 (2 U.S.C. 28, 2007.—For the period October 1, 2006, XXVI of the Standing Rules of the Senate, 72a(i))); and through February 28, 2007, expenses of the the Committee on Homeland Security and (2) not to exceed $1,167, may be expended committee under this section shall not ex- Governmental Affairs is authorized from for the training of the professional staff of ceed $2,813,662, of which amount— March 1, 2005, through February 28, 2007, in such committee (under procedures specified (1) not to exceed $12,500, may be expended its discretion— by section 202(j) of that Act). for the procurement of the services of indi- (1) to make expenditures from the contin- (c) EXPENSES FOR FISCAL YEAR 2006 PE- vidual consultants, or organizations thereof gent fund of the Senate; RIOD.—The expenses of the committee for the (as authorized by section 202(i) of the Legis- (2) to employ personnel; and period October 1, 2005, through September 30, lative Reorganization Act of 1946); and (3) with the prior consent of the Govern- 2006, under this section shall not exceed (2) not to exceed $4,167, may be expended ment department or agency concerned and $4,732,998, of which amount— for the training of the professional staff of the Committee on Rules and Administration, (1) not to exceed $8,000, may be expended such committee (under procedures specified to use on a reimbursable, or nonreimburs- for the procurement of the services of indi- by section 202(j) of that Act). able, basis the services of personnel of any vidual consultants, or organizations thereof SEC. 10. COMMITTEE ON FOREIGN RELATIONS. such department or agency. (b) EXPENSES FOR PERIOD ENDING SEP- (as authorized by section 202(i) of the Legis- (a) GENERAL AUTHORITY.—In carrying out TEMBER 30, 2005.—The expenses of the com- lative Reorganization Act of 1946 (2 U.S.C. its powers, duties, and functions under the 72a(i))); and mittee for the period March 1, 2005, through Standing Rules of the Senate, in accordance September 30, 2005, under this section shall (2) not to exceed $2,000, may be expended with its jurisdiction under rule XXV of such for the training of the professional staff of not exceed $5,112,891, of which amount— rules, including holding hearings, reporting (1) not to exceed $75,000, may be expended such committee (under procedures specified such hearings, and making investigations as by section 202(j) of that Act). for the procurement of the services of indi- authorized by paragraphs 1 and 8 of rule vidual consultants, or organizations thereof (d) EXPENSES FOR PERIOD ENDING FEBRUARY XXVI of the Standing Rules of the Senate, 28, 2007.—For the period October 1, 2006, (as authorized by section 202(i) of the Legis- the Committee on Foreign Relations is au- lative Reorganization Act of 1946 (2 U.S.C. through February 28, 2007, expenses of the thorized from March 1, 2005, through Feb- committee under this section shall not ex- 72a(i))); and ruary 28, 2007, in its discretion— (2) not to exceed $20,000, may be expended ceed $2,014,046, of which amount— (1) to make expenditures from the contin- (1) not to exceed $3,333, may be expended for the training of the professional staff of gent fund of the Senate; such committee (under procedures specified for the procurement of the services of indi- (2) to employ personnel; and vidual consultants, or organizations thereof by section 202(j) of that Act). (3) with the prior consent of the Govern- (c) EXPENSES FOR FISCAL YEAR 2006 PE- (as authorized by section 202(i) of the Legis- ment department or agency concerned and RIOD.—The expenses of the committee for the lative Reorganization Act of 1946); and the Committee on Rules and Administration, period October 1, 2005, through September 30, (2) not to exceed $833, may be expended for to use on a reimbursable, or nonreimburs- 2006, under this section shall not exceed the training of the professional staff of such able, basis the services of personnel of any $8,977,796, of which amount— committee (under procedures specified by such department or agency. (1) not to exceed $75,000, may be expended section 202(j) of that Act). (b) EXPENSES FOR PERIOD ENDING SEP- for the procurement of the services of indi- SEC. 9. COMMITTEE ON FINANCE. TEMBER 30, 2005.—The expenses of the com- vidual consultants, or organizations thereof (a) GENERAL AUTHORITY.—In carrying out mittee for the period March 1, 2005, through (as authorized by section 202(i) of the Legis- its powers, duties, and functions under the September 30, 2005, under this section shall lative Reorganization Act of 1946 (2 U.S.C. Standing Rules of the Senate, in accordance not exceed $3,095,171, of which amount— 72a(i))); and with its jurisdiction under rule XXV of such (1) not to exceed $100,000, may be expended (2) not to exceed $20,000, may be expended rules, including holding hearings, reporting for the procurement of the services of indi- for the training of the professional staff of such hearings, and making investigations as vidual consultants, or organizations thereof such committee (under procedures specified authorized by paragraphs 1 and 8 of rule (as authorized by section 202(i) of the Legis- by section 202(j) of that Act). XXVI of the Standing Rules of the Senate, lative Reorganization Act of 1946 (2 U.S.C. (d) EXPENSES FOR PERIOD ENDING FEBRUARY the Committee on Finance is authorized 72a(i))); and 28, 2007.—For the period October 1, 2006, from March 1, 2005, through February 28, (2) not to exceed $5,000, may be expended through February 28, 2007, expenses of the 2007, in its discretion— for the training of the professional staff of committee under this section shall not ex- (1) to make expenditures from the contin- such committee (under procedures specified ceed $3,821,870, of which amount— gent fund of the Senate; by section 202(j) of that Act). (1) not to exceed $75,000, may be expended (2) to employ personnel; and (c) EXPENSES FOR FISCAL YEAR 2006 PE- for the procurement of the services of indi- (3) with the prior consent of the Govern- RIOD.—The expenses of the committee for the vidual consultants, or organizations thereof ment department or agency concerned and period October 1, 2005, through September 30, (as authorized by section 202(i) of the Legis- the Committee on Rules and Administration, 2006, under this section shall not exceed lative Reorganization Act of 1946); and to use on a reimbursable, or nonreimburs- $5,434,387, of which amount— (2) not to exceed $20,000, may be expended able, basis the services of personnel of any (1) not to exceed $100,000, may be expended for the training of the professional staff of such department or agency. for the procurement of the services of indi- such committee (under procedures specified (b) EXPENSES FOR PERIOD ENDING SEP- vidual consultants, or organizations thereof by section 202(j) of that Act). TEMBER 30, 2005.—The expenses of the com- (as authorized by section 202(i) of the Legis- (e) INVESTIGATIONS.— mittee for the period March 1, 2005, through lative Reorganization Act of 1946 (2 U.S.C. (1) IN GENERAL.—The committee, or any September 30, 2005, under this section shall 72a(i))); and duly authorized subcommittee of the com- not exceed $3,765,508, of which amount— (2) not to exceed $5,000, may be expended mittee, is authorized to study or inves- (1) not to exceed $17,500, may be expended for the training of the professional staff of tigate— for the procurement of the services of indi- such committee (under procedures specified (A) the efficiency and economy of oper- vidual consultants, or organizations thereof by section 202(j) of that Act). ations of all branches of the Government in- (as authorized by section 202(i) of the Legis- (d) EXPENSES FOR PERIOD ENDING FEBRUARY cluding the possible existence of fraud, mis- lative Reorganization Act of 1946 (2 U.S.C. 28, 2007.—For the period October 1, 2006, feasance, malfeasance, collusion, mis- 72a(i))); and through February 28, 2007, expenses of the management, incompetence, corruption, or

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00116 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 17, 2005 CONGRESSIONAL RECORD — SENATE S1697 unethical practices, waste, extravagance, (vi) the management of tax, import, pric- (3) with the prior consent of the Govern- conflicts of interest, and the improper ex- ing, and other policies affecting energy sup- ment department or agency concerned and penditure of Government funds in trans- plies; the Committee on Rules and Administration, actions, contracts, and activities of the Gov- (vii) maintenance of the independent sec- to use on a reimbursable, or nonreimburs- ernment or of Government officials and em- tor of the petroleum industry as a strong able, basis the services of personnel of any ployees and any and all such improper prac- competitive force; such department or agency. tices between Government personnel and (viii) the allocation of fuels in short supply (b) EXPENSES FOR PERIOD ENDING SEP- corporations, individuals, companies, or per- by public and private entities; TEMBER 30, 2005.—The expenses of the com- sons affiliated therewith, doing business (ix) the management of energy supplies mittee for the period March 1, 2005, through with the Government; and the compliance or owned or controlled by the Government; September 30, 2005, under this section shall noncompliance of such corporations, compa- (x) relations with other oil producing and not exceed $4,545,576, of which amount— nies, or individuals or other entities with the consuming countries; (1) not to exceed $32,500, may be expended rules, regulations, and laws governing the (xi) the monitoring of compliance by gov- for the procurement of the services of indi- various governmental agencies and its rela- ernments, corporations, or individuals with vidual consultants, or organizations thereof tionships with the public; the laws and regulations governing the allo- (as authorized by section 202(i) of the Legis- (B) the extent to which criminal or other cation, conservation, or pricing of energy lative Reorganization Act of 1946 (2 U.S.C. improper practices or activities are, or have supplies; and 72a(i))); and been, engaged in the field of labor-manage- (xii) research into the discovery and devel- (2) not to exceed $25,000, may be expended ment relations or in groups or organizations opment of alternative energy supplies; and for the training of the professional staff of of employees or employers, to the detriment (G) the efficiency and economy of all such committee (under procedures specified of interests of the public, employers, or em- branches and functions of Government with by section 202(j) of that Act). (c) EXPENSES FOR FISCAL YEAR 2006 PE- ployees, and to determine whether any particular references to the operations and RIOD.—The expenses of the committee for the changes are required in the laws of the management of Federal regulatory policies period October 1, 2005, through September 30, United States in order to protect such inter- and programs. 2006, under this section shall not exceed ests against the occurrence of such practices (2) EXTENT OF INQUIRIES.—In carrying out $7,981,411, of which amount— or activities; the duties provided in paragraph (1), the in- (1) not to exceed $32,500, may be expended (C) organized criminal activity which may quiries of this committee or any sub- for the procurement of the services of indi- operate in or otherwise utilize the facilities committee of the committee shall not be vidual consultants, or organizations thereof of interstate or international commerce in construed to be limited to the records, func- (as authorized by section 202(i) of the Legis- furtherance of any transactions and the tions, and operations of any particular lative Reorganization Act of 1946 (2 U.S.C. manner and extent to which, and the iden- branch of the Government and may extend 72a(i))); and tity of the persons, firms, or corporations, or to the records and activities of any persons, (2) not to exceed $25,000, may be expended other entities by whom such utilization is corporation, or other entity. for the training of the professional staff of being made, and further, to study and inves- (3) SPECIAL COMMITTEE AUTHORITY.—For such committee (under procedures specified tigate the manner in which and the extent to the purposes of this subsection, the com- by section 202(j) of that Act). which persons engaged in organized criminal mittee, or any duly authorized sub- committee of the committee, or its chair- (d) EXPENSES FOR PERIOD ENDING FEBRUARY activity have infiltrated lawful business en- 28, 2007.—For the period October 1, 2006, terprise, and to study the adequacy of Fed- man, or any other member of the committee or subcommittee designated by the chair- through February 28, 2007, expenses of the eral laws to prevent the operations of orga- committee under this section shall not ex- man, from March 1, 2005, through February nized crime in interstate or international ceed $3,397,620, of which amount— 28, 2007, is authorized, in its, his, or their dis- commerce; and to determine whether any (1) not to exceed $32,500, may be expended cretion— changes are required in the laws of the for the procurement of the services of indi- (A) to require by subpoena or otherwise the United States in order to protect the public vidual consultants, or organizations thereof attendance of witnesses and production of against such practices or activities; (as authorized by section 202(i) of the Legis- correspondence, books, papers, and docu- (D) all other aspects of crime and lawless- lative Reorganization Act of 1946); and ments; ness within the United States which have an (2) not to exceed $25,000, may be expended (B) to hold hearings; impact upon or affect the national health, for the training of the professional staff of (C) to sit and act at any time or place dur- welfare, and safety; including but not lim- such committee (under procedures specified ing the sessions, recess, and adjournment pe- ited to investment fraud schemes, com- by section 202(j) of that Act). riods of the Senate; modity and security fraud, computer fraud, SEC. 13. COMMITTEE ON THE JUDICIARY. and the use of offshore banking and cor- (D) to administer oaths; and (E) to take testimony, either orally or by (a) GENERAL AUTHORITY.—In carrying out porate facilities to carry out criminal objec- its powers, duties, and functions under the tives; sworn statement, or, in the case of staff members of the Committee and the Perma- Standing Rules of the Senate, in accordance (E) the efficiency and economy of oper- with its jurisdiction under rule XXV of such nent Subcommittee on Investigations, by ations of all branches and functions of the rules, including holding hearings, reporting deposition in accordance with the Com- Government with particular reference to— such hearings, and making investigations as mittee Rules of Procedure. (i) the effectiveness of present national se- authorized by paragraphs 1 and 8 of rule (4) AUTHORITY OF OTHER COMMITTEES.— curity methods, staffing, and processes as XXVI of the Standing Rules of the Senate, Nothing contained in this subsection shall tested against the requirements imposed by the Committee on the Judiciary is author- affect or impair the exercise of any other the rapidly mounting complexity of national ized from March 1, 2005, through February 28, standing committee of the Senate of any security problems; 2007, in its discretion— power, or the discharge by such committee (ii) the capacity of present national secu- (1) to make expenditures from the contin- of any duty, conferred or imposed upon it by rity staffing, methods, and processes to gent fund of the Senate; the Standing Rules of the Senate or by the make full use of the Nation’s resources of (2) to employ personnel; and Legislative Reorganization Act of 1946. knowledge and talents; (3) with the prior consent of the Govern- (5) SUBPOENA AUTHORITY.—All subpoenas (iii) the adequacy of present intergovern- ment department or agency concerned and and related legal processes of the committee mental relations between the United States the Committee on Rules and Administration, and its subcommittee authorized under S. and international organizations principally to use on a reimbursable, or nonreimburs- Res. 66, agreed to February 26, 2003 (108th concerned with national security of which able, basis the services of personnel of any Congress) are authorized to continue. the United States is a member; and such department or agency. (iv) legislative and other proposals to im- SEC. 12. COMMITTEE ON HEALTH, EDUCATION, (b) EXPENSES FOR PERIOD ENDING SEP- prove these methods, processes, and relation- LABOR, AND PENSIONS. TEMBER 30, 2005.—The expenses of the com- ships; (a) GENERAL AUTHORITY.—In carrying out mittee for the period March 1, 2005, through (F) the efficiency, economy, and effective- its powers, duties, and functions under the September 30, 2005, under this section shall ness of all agencies and departments of the Standing Rules of the Senate, in accordance not exceed $4,946,007, of which amount— Government involved in the control and with its jurisdiction under rule XXV of such (1) not to exceed $200,000, may be expended management of energy shortages including, rules, including holding hearings, reporting for the procurement of the services of indi- but not limited to, their performance with such hearings, and making investigations as vidual consultants, or organizations thereof respect to— authorized by paragraphs 1 and 8 of rule (as authorized by section 202(i) of the Legis- (i) the collection and dissemination of ac- XXVI of the Standing Rules of the Senate, lative Reorganization Act of 1946 (2 U.S.C. curate statistics on fuel demand and supply; the Committee on Health, Education, Labor, 72a(i))); and (ii) the implementation of effective energy and Pensions is authorized from March 1, (2) not to exceed $20,000, may be expended conservation measures; 2005, through February 28, 2007, in its discre- for the training of the professional staff of (iii) the pricing of energy in all forms; tion— such committee (under procedures specified (iv) coordination of energy programs with (1) to make expenditures from the contin- by section 202(j) of that Act). State and local government; gent fund of the Senate; (c) EXPENSES FOR FISCAL YEAR 2006 PE- (v) control of exports of scarce fuels; (2) to employ personnel; and RIOD.—The expenses of the committee for the

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00117 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1698 CONGRESSIONAL RECORD — SENATE February 17, 2005 period October 1, 2005, through September 30, (2) not to exceed $4,200, may be expended the Committee on Rules and Administration, 2006, under this section shall not exceed for the training of the professional staff of to use on a reimbursable, or nonreimburs- $8,686,896, of which amount— such committee (under procedures specified able, basis the services of personnel of any (1) not to exceed $200,000, may be expended by section 202(j) of that Act). such department or agency. for the procurement of the services of indi- SEC. 15. COMMITTEE ON SMALL BUSINESS AND (b) EXPENSES FOR PERIOD ENDING SEP- vidual consultants, or organizations thereof ENTREPRENEURSHIP. TEMBER 30, 2005.—The expenses of the com- (as authorized by section 202(i) of the Legis- (a) GENERAL AUTHORITY.—In carrying out mittee for the period March 1, 2005, through lative Reorganization Act of 1946 (2 U.S.C. its powers, duties, and functions under the September 30, 2005, under this section shall 72a(i))); and Standing Rules of the Senate, in accordance not exceed $1,193,865, of which amount— (2) not to exceed $20,000, may be expended with its jurisdiction under rule XXV of such (1) not to exceed $59,000, may be expended for the training of the professional staff of rules, including holding hearings, reporting for the procurement of the services of indi- such committee (under procedures specified such hearings, and making investigations as vidual consultants, or organizations thereof by section 202(j) of that Act). authorized by paragraphs 1 and 8 of rule (as authorized by section 202(i) of the Legis- (d) EXPENSES FOR PERIOD ENDING FEBRUARY XXVI of the Standing Rules of the Senate, lative Reorganization Act of 1946 (2 U.S.C. 28, 2007.—For the period October 1, 2006, the Committee on Small Business and Entre- 72a(i))); and through February 28, 2007, expenses of the preneurship is authorized from March 1, 2005, (2) not to exceed $5,900, may be expended committee under this section shall not ex- through February 28, 2007, in its discretion— for the training of the professional staff of ceed $3,698,827, of which amount— (1) to make expenditures from the contin- such committee (under procedures specified (1) not to exceed $200,000, may be expended gent fund of the Senate; by section 202(j) of that Act). for the procurement of the services of indi- (2) to employ personnel; and (c) EXPENSES FOR FISCAL YEAR 2006 PE- vidual consultants, or organizations thereof (3) with the prior consent of the Govern- RIOD.—The expenses of the committee for the (as authorized by section 202(i) of the Legis- ment department or agency concerned and period October 1, 2005, through September 30, lative Reorganization Act of 1946); and the Committee on Rules and Administration, 2006, under this section shall not exceed (2) not to exceed $20,000, may be expended to use on a reimbursable, or nonreimburs- $2,096,382, of which amount— for the training of the professional staff of able, basis the services of personnel of any (1) not to exceed $100,000, may be expended such committee (under procedures specified for the procurement of the services of indi- by section 202(j) of that Act). such department or agency. (b) EXPENSES FOR PERIOD ENDING SEP- vidual consultants, or organizations thereof SEC. 14. COMMITTEE ON RULES AND ADMINIS- TEMBER (as authorized by section 202(i) of the Legis- TRATION. 30, 2005.—The expenses of the com- mittee for the period March 1, 2005, through lative Reorganization Act of 1946 (2 U.S.C. (a) GENERAL AUTHORITY.—In carrying out September 30, 2005, under this section shall 72a(i))); and its powers, duties, and functions under the (2) not to exceed $10,000, may be expended Standing Rules of the Senate, in accordance not exceed $1,302,943, of which amount— (1) not to exceed $10,000, may be expended for the training of the professional staff of with its jurisdiction under rule XXV of such such committee (under procedures specified rules, including holding hearings, reporting for the procurement of the services of indi- vidual consultants, or organizations thereof by section 202(j) of that Act). such hearings, and making investigations as (d) EXPENSES FOR PERIOD ENDING FEBRUARY (as authorized by section 202(i) of the Legis- authorized by paragraphs 1 and 8 of rule 28, 2007.—For the period October 1, 2006, lative Reorganization Act of 1946 (2 U.S.C. XXVI of the Standing Rules of the Senate, through February 28, 2007, expenses of the 72a(i))); and the Committee on Rules and Administration committee under this section shall not ex- (2) not to exceed $10,000, may be expended is authorized from March 1, 2005, through ceed $892,457, of which amount— for the training of the professional staff of February 28, 2007, in its discretion— (1) not to exceed $42,000, may be expended such committee (under procedures specified (1) to make expenditures from the contin- for the procurement of the services of indi- by section 202(j) of that Act). gent fund of the Senate; vidual consultants, or organizations thereof (c) EXPENSES FOR FISCAL YEAR 2006 PE- (2) to employ personnel; and (as authorized by section 202(i) of the Legis- RIOD.—The expenses of the committee for the (3) with the prior consent of the Govern- lative Reorganization Act of 1946); and ment department or agency concerned and period October 1, 2005, through September 30, (2) not to exceed $4,200, may be expended the Committee on Rules and Administration, 2006, under this section shall not exceed for the training of the professional staff of to use on a reimbursable, or nonreimburs- $2,286,820, of which amount— such committee (under procedures specified able, basis the services of personnel of any (1) not to exceed $10,000, may be expended by section 202(j) of that Act). such department or agency. for the procurement of the services of indi- SEC. 17. SPECIAL COMMITTEE ON AGING. (b) EXPENSES FOR PERIOD ENDING SEP- vidual consultants, or organizations thereof (a) GENERAL AUTHORITY.—In carrying out TEMBER 30, 2005.—The expenses of the com- (as authorized by section 202(i) of the Legis- its powers, duties, and functions imposed by mittee for the period March 1, 2005, through lative Reorganization Act of 1946 (2 U.S.C. section 104 of S. Res. 4, agreed to February 4, September 30, 2005, under this section shall 72a(i))); and 1977 (Ninety-fifth Congress), and in exer- not exceed $1,383,997, of which amount— (2) not to exceed $10,000, may be expended cising the authority conferred on it by such (1) not to exceed $30,000, may be expended for the training of the professional staff of section, the Special Committee on Aging is for the procurement of the services of indi- such committee (under procedures specified authorized from March 1, 2005, through Feb- vidual consultants, or organizations thereof by section 202(j) of that Act). ruary 28, 2007, in its discretion— (as authorized by section 202(i) of the Legis- (d) EXPENSES FOR PERIOD ENDING FEBRUARY (1) to make expenditures from the contin- lative Reorganization Act of 1946 (2 U.S.C. 28, 2007.—For the period October 1, 2006, gent fund of the Senate; 72a(i))); and through February 28, 2007, expenses of the (2) to employ personnel; and (2) not to exceed $6,000, may be expended committee under this section shall not ex- (3) with the prior consent of the Govern- for the training of the professional staff of ceed $973,120, of which amount— ment department or agency concerned and such committee (under procedures specified (1) not to exceed $10,000, may be expended the Committee on Rules and Administration, by section 202(j) of that Act). for the procurement of the services of indi- to use on a reimbursable, or nonreimburs- (c) EXPENSES FOR FISCAL YEAR 2006 PE- vidual consultants, or organizations thereof able, basis the services of personnel of any RIOD.—The expenses of the committee for the (as authorized by section 202(i) of the Legis- period October 1, 2005, through September 30, such department or agency. lative Reorganization Act of 1946); and 2006, under this section shall not exceed (b) EXPENSES FOR PERIOD ENDING SEP- (2) not to exceed $10,000, may be expended $2,431,002, of which amount— TEMBER 30, 2005.—The expenses of the com- for the training of the professional staff of (1) not to exceed $50,000, may be expended mittee for the period March 1, 2005, through such committee (under procedures specified for the procurement of the services of indi- September 30, 2005, under this section shall by section 202(j) of that Act). vidual consultants, or organizations thereof not exceed $1,445,446, of which amount— (as authorized by section 202(i) of the Legis- SEC. 16. COMMITTEE ON VETERANS’ AFFAIRS. (1) not to exceed $117,000, may be expended lative Reorganization Act of 1946 (2 U.S.C. (a) GENERAL AUTHORITY.—In carrying out for the procurement of the services of indi- 72a(i))); and its powers, duties, and functions under the vidual consultants, or organizations thereof (2) not to exceed $10,000, may be expended Standing Rules of the Senate, in accordance (as authorized by section 202(i) of the Legis- for the training of the professional staff of with its jurisdiction under rule XXV of such lative Reorganization Act of 1946); and such committee (under procedures specified rules, including holding hearings, reporting (2) not to exceed $5,000, may be expended by section 202(j) of that Act). such hearings, and making investigations as for the training of the professional staff of (d) EXPENSES FOR PERIOD ENDING FEBRUARY authorized by paragraphs 1 and 8 of rule such committee (under procedures specified 28, 2007.—For the period October 1, 2006, XXVI of the Standing Rules of the Senate, by section 202(j) of that Act). through February 28, 2007, expenses of the the Committee on Veterans’ Affairs is au- (c) EXPENSES FOR FISCAL YEAR 2006 PE- committee under this section shall not ex- thorized from March 1, 2005, through Feb- RIOD.—The expenses of the committee for the ceed $1,035,189, of which amount— ruary 28, 2007, in its discretion— period October 1, 2005, through September 30, (1) not to exceed $21,000, may be expended (1) to make expenditures from the contin- 2006, under this section shall not exceed for the procurement of the services of indi- gent fund of the Senate; $2,537,525, of which amount— vidual consultants, or organizations thereof (2) to employ personnel; and (1) not to exceed $200,000, may be expended (as authorized by section 202(i) of the Legis- (3) with the prior consent of the Govern- for the procurement of the services of indi- lative Reorganization Act of 1946); and ment department or agency concerned and vidual consultants, or organizations thereof

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00118 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17FE5.REC S17FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 17, 2005 CONGRESSIONAL RECORD — SENATE S1699 (as authorized by section 202(i) of the Legis- SEC. 19. COMMITTEE ON INDIAN AFFAIRS. approval of the Chairman and Ranking Mem- lative Reorganization Act of 1946); and (a) GENERAL AUTHORITY.—In carrying out ber of the Committee on Rules and Adminis- (2) not to exceed $5,000, may be expended its powers, duties, and functions imposed by tration. for the training of the professional staff of section 105 of S. Res. 4, agreed to February 4, f such committee (under procedures specified 1977 (95th Congress), and in exercising the by section 202(j) of that Act). authority conferred on it by that section, ORDERS FOR FRIDAY, FEBRUARY (d) EXPENSES FOR PERIOD ENDING FEBRUARY the Committee on Indian Affairs is author- 18, 2005, AND MONDAY, FEB- 28, 2007.—For the period October 1, 2006, ized from March 1, 2005, through February 28, RUARY 28, 2005 through February 28, 2007, expenses of the 2007, in its discretion— Mr. FRIST. Mr. President, I ask (1) to make expenditures from the contin- committee under this section shall not ex- unanimous consent that when the Sen- ceed $1,080,025, of which amount— gent fund of the Senate; (1) not to exceed $85,000, may be expended (2) to employ personnel; and ate completes its business today, it ad- for the procurement of the services of indi- (3) with the prior consent of the Govern- journ until 10 a.m., Friday, February vidual consultants, or organizations thereof ment department or agency concerned and 18. I further ask that following the (as authorized by section 202(i) of the Legis- the Committee on Rules and Administration, prayer and pledge, the morning hour be lative Reorganization Act of 1946); and to use on a reimbursable, or nonreimburs- deemed expired, the Journal of pro- (2) not to exceed $5,000, may be expended able, basis the services of personnel of any ceedings be approved to date, the time for the training of the professional staff of such department or agency. for the two leaders be reserved, and such committee (under procedures specified (b) EXPENSES FOR PERIOD ENDING SEP- Senator BURR then be recognized to de- by section 202(j) of that Act). TEMBER 30, 2005.—The expenses of the com- mittee for the period March 1, 2005, through liver the Washington Farewell Address, SEC. 18. SELECT COMMITTEE ON INTELLIGENCE. September 30, 2005, under this section shall as provided under the previous order; (a) GENERAL AUTHORITY.—In carrying out not exceed $1,124,384, of which amount— provided further that upon the conclu- its powers, duties, and functions under S. (1) not to exceed $20,000, may be expended sion of the Farewell Address, the Sen- Res. 400, agreed to May 19, 1976 (94th Con- for the procurement of the services of indi- ate stand adjourned under the provi- gress), as amended by S. Res. 445 (105th Con- vidual consultants, or organizations thereof gress), in accordance with its jurisdiction sions of H. Con. Res. 66 until 2 p.m. on (as authorized by section 202(i) of the Legis- Monday, February 28; provided that under section 3(a) of that resolution, includ- lative Reorganization Act of 1946); and ing holding hearings, reporting such hear- (2) not to exceed $20,000, may be expended when the Senate reconvenes on Mon- ings, and making investigations as author- for training consultants of the professional day, February 28, following the prayer ized by section 5 of that resolution, the Se- staff of such committee (under procedures and pledge, the morning hour be lect Committee on Intelligence is authorized specified by section 202(j) of that Act). deemed expired, the Journal of pro- from March 1, 2005, through February 28, (c) EXPENSES FOR FISCAL YEAR 2006 PE- ceedings be approved to date, the time 2007, in its discretion— RIOD.—The expenses of the committee for the for the two leaders be reserved, and the (1) to make expenditures from the contin- period October 1, 2005, through September 30, gent fund of the Senate; Senate then proceed to consideration 2006, under this section shall not exceed of Calendar No. 14, S. 256, the bank- (2) to employ personnel; and $1,972,189, of which amount— (3) with the prior consent of the Govern- (1) not to exceed $20,000, may be expended ruptcy reform bill, as provided under ment department or agency concerned and for the procurement of the services of indi- the previous order. the Committee on Rules and Administration, vidual consultants, or organizations thereof The PRESIDING OFFICER. Without to use on a reimbursable, or nonreimburs- (as authorized by section 202(i) of the Legis- objection, it is so ordered. able, basis the services of personnel of any lative Reorganization Act of 1946); and f such department or agency. (2) not to exceed $20,000, may be expended (b) EXPENSES FOR PERIOD ENDING SEP- for training consultants of the professional PROGRAM TEMBER 30, 2005.—The expenses of the com- staff of such committee (under procedures Mr. FRIST. Mr. President, tomorrow mittee for the period March 1, 2005, through specified by section 202(j) of that Act). morning Senator BURR will carry out a September 30, 2005, under this section shall (d) EXPENSES FOR PERIOD ENDING FEBRUARY long-held Senate tradition by reading not exceed $3,050,594, of which amount— 28, 2007.—For the period October 1, 2006, (1) not to exceed $32,083, may be expended through February 28, 2007, expenses of the George Washington’s Farewell Address. for the procurement of the services of indi- committee under this section shall not ex- I encourage those Members who have vidual consultants, or organizations thereof ceed $838,771, of which amount— never witnessed this tradition to come (as authorized by section 202(i) of the Legis- (1) not to exceed $20,000, may be expended to the floor tomorrow morning. lative Reorganization Act of 1946 (2 U.S.C. for the procurement of the services of indi- Immediately following the reading of 72a(i))); and vidual consultants, or organizations thereof the Farewell Address, the Senate will (2) not to exceed $5,834, may be expended (as authorized by section 202(i) of the Legis- adjourn for the Presidents Day recess. for the training of the professional staff of lative Reorganization Act of 1946); and When the Senate returns on Monday, such committee (under procedures specified (2) not to exceed $20,000, may be expended by section 202(j) of that Act). for training consultants of the professional February 28, we will begin consider- ation of the Bankruptcy Reform Act (c) EXPENSES FOR FISCAL YEAR 2006 PE- staff of such committee (under procedures RIOD.—The expenses of the committee for the specified by section 202(j) of that Act). for debate only. The next rollcall vote period October 1, 2005, through September 30, SEC. 20. SPECIAL RESERVE. will occur on Tuesday, March 1, and 2006, under this section shall not exceed (a) ESTABLISHMENT.—Within the funds in Members will be informed when that $5,355,503, of which amount— the account ‘‘Expenses of Inquiries and In- vote is scheduled. Again, I thank my (1) not to exceed $55,000, may be expended vestigations’’ appropriated by the legislative colleagues for their hard work over the for the procurement of the services of indi- branch appropriation Acts for fiscal years past few weeks and wish everyone a vidual consultants, or organizations thereof 2005, 2006, and 2007, there is authorized to be safe Presidents Day recess. (as authorized by section 202(i) of the Legis- established a special reserve to be available lative Reorganization Act of 1946 (2 U.S.C. to any committee funded by this resolution f 72a(i))); and as provided in subsection (b) of which— ADJOURNMENT UNTIL TOMORROW (2) not to exceed $10,000, may be expended (1) an amount not to exceed $4,375,000, shall for the training of the professional staff of be available for the period March 1, 2005, Mr. FRIST. If there is no further such committee (under procedures specified through September 30, 2005; and business to come before the Senate, I by section 202(j) of that Act). (2) an amount not to exceed $7,500,000, shall ask unanimous consent that the Sen- (d) EXPENSES FOR PERIOD ENDING FEBRUARY be available for the period October 1, 2005, ate stand in adjournment under the 28, 2007.—For the period October 1, 2006, through September 30, 2006; and previous order. through February 28, 2007, expenses of the (3) an amount not to exceed $3,125,000, shall There being no objection, the Senate, committee under this section shall not ex- be available for the period October 1, 2006, at 6:56 p.m., adjourned until Friday, ceed $2,279,493, of which amount— through February 28, 2007. February 18, 2005, at 10 a.m. (1) not to exceed $22,917, may be expended (b) AVAILABILITY.—The special reserve au- for the procurement of the services of indi- thorized in subsection (a) shall be available f vidual consultants, or organizations thereof to any committee— NOMINATIONS (as authorized by section 202(i) of the Legis- (1) on the basis of special need to meet un- lative Reorganization Act of 1946); and paid obligations incurred by that committee Executive nominations received by (2) not to exceed $4,166, may be expended during the periods referred to in paragraphs the Senate February 17, 2005: for the training of the professional staff of (1) and (2) of subsection (a); and DEPARTMENT OF JUSTICE such committee (under procedures specified (2) at the request of a Chairman and Rank- ANTHONY JEROME JENKINS, OF VIRGIN ISLANDS, TO by section 202(j) of that Act). ing Member of that committee subject to the BE UNITED STATES ATTORNEY FOR THE DISTRICT OF

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THE VIRGIN ISLANDS FOR THE TERM OF FOUR YEARS, THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ARMY NOMINATION OF TIMOTHY D. MITCHELL, JR. TO VICE JAMES ALLAN HURD, JR., RESIGNED. IN THE UNITED STATES NAVY TO THE GRADE INDICATED BE LIEUTENANT COLONEL. STEPHEN JOSEPH MURPHY III, OF MICHIGAN, TO BE WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND ARMY NOMINATIONS BEGINNING WITH WILLIAM F. UNITED STATES ATTORNEY FOR THE EASTERN DISTRICT RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: BITHER AND ENDING WITH PAUL J. RAMSEY, JR., WHICH OF MICHIGAN FOR THE TERM OF FOUR YEARS, VICE JEF- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- FREY GILBERT COLLINS, RESIGNED. To be admiral PEARED IN THE CONGRESSIONAL RECORD ON JANUARY ADM. JOHN B. NATHMAN 6, 2005. f ARMY NOMINATION OF WILLIAM R. LAURENCE, JR. TO THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BE COLONEL. CONFIRMATIONS IN THE UNITED STATES NAVY TO THE GRADE INDICATED ARMY NOMINATIONS BEGINNING WITH MEGAN K. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND MILLS AND ENDING WITH MARIA A. WORLEY, WHICH Executive nominations confirmed by RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- the Senate: Thursday, February 17, To be vice admiral PEARED IN THE CONGRESSIONAL RECORD ON JANUARY 6, 2005. 2005. REAR ADM. TERRANCE T. ETNYRE ARMY NOMINATIONS BEGINNING WITH TIMOTHY K. DEPARTMENT OF DEFENSE IN THE AIR FORCE ADAMS AND ENDING WITH JOHN L. POPPE, WHICH NOMI- NATIONS WERE RECEIVED BY THE SENATE AND AP- BUDDIE J. PENN, OF VIRGINIA, TO BE AN ASSISTANT AIR FORCE NOMINATION OF THOMAS S. HOFFMAN TO PEARED IN THE CONGRESSIONAL RECORD ON JANUARY SECRETARY OF THE NAVY. BE LIEUTENANT COLONEL. 6, 2005. THE ABOVE NOMINATION WAS APPROVED SUBJECT TO AIR FORCE NOMINATIONS BEGINNING WITH HERBERT ARMY NOMINATIONS BEGINNING WITH JOSEPH W. THE NOMINEE’S COMMITMENT TO RESPOND TO RE- L. ALLEN, JR. AND ENDING WITH DALE A. JACKMAN, BURCKEL AND ENDING WITH FRANK J. MISKENA, WHICH QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY WHICH NOMINATIONS WERE RECEIVED BY THE SENATE NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- CONSTITUTED COMMITTEE OF THE SENATE. AND APPEARED IN THE CONGRESSIONAL RECORD ON PEARED IN THE CONGRESSIONAL RECORD ON JANUARY 6, 2005. IN THE AIR FORCE JANUARY 6, 2005. AIR FORCE NOMINATION OF LESLIE G. MACRAE TO BE ARMY NOMINATION OF FRANK J. MISKENA TO BE COLO- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT LIEUTENANT COLONEL. NEL. IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- AIR FORCE NOMINATION OF OMAR BILLIGUE TO BE ARMY NOMINATIONS BEGINNING WITH ROSA L. CATED UNDER TITLE 10, U.S.C., SECTION 12203: MAJOR. HOLLISBIRD AND ENDING WITH BETH A. ZIMMER, WHICH AIR FORCE NOMINATIONS BEGINNING WITH CORBERT NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- To be major general K. ELLISON AND ENDING WITH GISELLA Y. VELEZ, WHICH PEARED IN THE CONGRESSIONAL RECORD ON JANUARY 6, 2005. BRIGADIER GENERAL MARK W. ANDERSON NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- ARMY NOMINATIONS BEGINNING WITH BRUCE A. BRIGADIER GENERAL JOHN H. BORDELON, JR. PEARED IN THE CONGRESSIONAL RECORD ON JANUARY MULKEY AND ENDING WITH JEROME F. STOLINSKI, JR., BRIGADIER GENERAL THOMAS L. CARTER 6, 2005. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE BRIGADIER GENERAL THOMAS A. DYCHES AIR FORCE NOMINATION OF GRETCHEN M. ADAMS TO AND APPEARED IN THE CONGRESSIONAL RECORD ON BRIGADIER GENERAL MARTIN M. MAZICK BE MAJOR. JANUARY 6, 2005. BRIGADIER GENERAL HOWARD A. MCMAHAN AIR FORCE NOMINATION OF MICHAEL D. SHIRLEY, JR. ARMY NOMINATION OF MATTHEW R. SEGAL TO BE BRIGADIER GENERAL JAMES M. SLUDER III TO BE COLONEL. AIR FORCE NOMINATIONS BEGINNING WITH GERALD J. COLONEL. To be brigadier general HUERTA AND ENDING WITH ANTHONY T. WILSON, WHICH ARMY NOMINATIONS BEGINNING WITH CASANOVA C. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- OCHOA AND ENDING WITH CHARLES R. PLATT, WHICH COLONEL ROGER A. BINDER PEARED IN THE CONGRESSIONAL RECORD ON JANUARY NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- COLONEL ROBERT L. CHU 6, 2005. PEARED IN THE CONGRESSIONAL RECORD ON JANUARY COLONEL DAVID L. COMMONS AIR FORCE NOMINATION OF MICHAEL F. LAMB TO BE 6, 2005. COLONEL THOMAS R. COON MAJOR. ARMY NOMINATIONS BEGINNING WITH KENNETH R. COLONEL BRUCE E. DAVIS AIR FORCE NOMINATIONS BEGINNING WITH DEAN J. GREENE AND ENDING WITH WILLIAM F. ROY, WHICH COLONEL MICHAEL C. DUDZIK CUTILLAR AND ENDING WITH AN ZHU, WHICH NOMINA- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- COLONEL ELIZABETH A. GROTE TIONS WERE RECEIVED BY THE SENATE AND APPEARED PEARED IN THE CONGRESSIONAL RECORD ON JANUARY COLONEL KEVIN F. HENABRAY IN THE CONGRESSIONAL RECORD ON JANUARY 6, 2005. 6, 2005. COLONEL JAMES F. JACKSON AIR FORCE NOMINATION OF JAMES D. SHAFFER TO BE ARMY NOMINATIONS BEGINNING WITH JAMES E. COLONEL MIKE H. MCCLENDON COLONEL. FERRANDO AND ENDING WITH TERRY R. SOPHER, JR., COLONEL BRIAN P. MEENAN AIR FORCE NOMINATIONS BEGINNING WITH THOMAS WHICH NOMINATIONS WERE RECEIVED BY THE SENATE COLONEL JAMES L. MELIN WILLIAM ACTON AND ENDING WITH DEBRA S. ZELENAK, AND APPEARED IN THE CONGRESSIONAL RECORD ON COLONEL MICHAEL B. NEWTON WHICH NOMINATIONS WERE RECEIVED BY THE SENATE JANUARY 6, 2005. COLONEL CARL M. SKINNER AND APPEARED IN THE CONGRESSIONAL RECORD ON ARMY NOMINATIONS BEGINNING WITH BILLY J. IN THE ARMY JANUARY 31, 2005. BLANKENSHIP AND ENDING WITH WILLIAM J. ONEILL, AIR FORCE NOMINATIONS BEGINNING WITH BARBARA WHICH NOMINATIONS WERE RECEIVED BY THE SENATE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT S. BLACK AND ENDING WITH VINCENT T. JONES, WHICH AND APPEARED IN THE CONGRESSIONAL RECORD ON IN THE UNITED STATES ARMY TO THE GRADE INDICATED NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- JANUARY 6, 2005. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY ARMY NOMINATIONS BEGINNING WITH MARK E. COERS RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: 8, 2005. AND ENDING WITH RICHARD A. WEAVER, WHICH NOMINA- To be lieutenant general AIR FORCE NOMINATION OF GLENN T. LUNSFORD TO BE TIONS WERE RECEIVED BY THE SENATE AND APPEARED COLONEL. IN THE CONGRESSIONAL RECORD ON JANUARY 6, 2005. MAJ. GEN. KARL W. EIKENBERRY AIR FORCE NOMINATION OF FREDERICK E. JACKSON TO ARMY NOMINATIONS BEGINNING WITH JEFFREY T. BE COLONEL. ALTDORFER AND ENDING WITH JOSEPH E. ROONEY, IN THE MARINE CORPS AIR FORCE NOMINATIONS BEGINNING WITH ROBERT G. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT PATE AND ENDING WITH DWAYNE A. STICH, WHICH NOMI- AND APPEARED IN THE CONGRESSIONAL RECORD ON JANUARY 6, 2005. IN THE UNITED STATES MARINE CORPS TO THE GRADE NATIONS WERE RECEIVED BY THE SENATE AND AP- ARMY NOMINATIONS BEGINNING WITH DAVID C. INDICATED UNDER TITLE 10, U.S.C., SECTION 624: PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY 8, 2005. BARNHILL AND ENDING WITH KENNETH B. SMITH, WHICH To be major general AIR FORCE NOMINATION OF KELLY E. NATION TO BE NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- CAPTAIN. PEARED IN THE CONGRESSIONAL RECORD ON JANUARY BRIGADIER GENERAL THOMAS A. BENES 6, 2005. BRIGADIER GENERAL WILLIAM D. CATTO AIR FORCE NOMINATIONS BEGINNING WITH LOURDES J. ALMONTE AND ENDING WITH ROBERT J. WEISENBERGER, ARMY NOMINATION OF DAVID B. ENYEART TO BE COLO- BRIGADIER GENERAL MICHAEL E. ENNIS NEL. BRIGADIER GENERAL WALTER E. GASKIN, SR WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON ARMY NOMINATION OF DAVID A. GREENWOOD TO BE BRIGADIER GENERAL TIMOTHY R. LARSEN COLONEL. BRIGADIER GENERAL MICHAEL R. LEHNERT FEBRUARY 8, 2005. AIR FORCE NOMINATIONS BEGINNING WITH BRIAN F. ARMY NOMINATION OF SANDRA W. DITTIG TO BE COLO- BRIGADIER GENERAL DUANE D. THIESSEN NEL. AGEE AND ENDING WITH LUN S. YAN, WHICH NOMINA- BRIGADIER GENERAL GEORGE J. TRAUTMAN III ARMY NOMINATION OF JOHN M. OWINGS, JR. TO BE TIONS WERE RECEIVED BY THE SENATE AND APPEARED BRIGADIER GENERAL WILLIE J. WILLIAMS COLONEL. IN THE CONGRESSIONAL RECORD ON FEBRUARY 8, 2005. BRIGADIER GENERAL RICHARD C. ZILMER ARMY NOMINATION OF DANIEL J. BUTLER TO BE COLO- AIR FORCE NOMINATIONS BEGINNING WITH MICHELLE NEL. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT D. ALLENMCCOY AND ENDING WITH ERIN BREE ARMY NOMINATIONS BEGINNING WITH SCOTT W. AR- IN THE UNITED STATES MARINE CORPS TO THE GRADE WIRTANEN, WHICH NOMINATIONS WERE RECEIVED BY NOLD AND ENDING WITH KEITH C. WELL, WHICH NOMINA- THE SENATE AND APPEARED IN THE CONGRESSIONAL INDICATED UNDER TITLE 10, U.S.C., SECTION 624: TIONS WERE RECEIVED BY THE SENATE AND APPEARED RECORD ON FEBRUARY 8, 2005. IN THE CONGRESSIONAL RECORD ON JANUARY 6, 2005. To be brigadier general AIR FORCE NOMINATIONS BEGINNING WITH JAMES R. ARMY NOMINATIONS BEGINNING WITH PAUL T. COLONEL GEORGE J. ALLEN ABBOTT AND ENDING WITH AN ZHU, WHICH NOMINA- BARTONE AND ENDING WITH JEFFREY P. ZIMMERMAN, COLONEL RAYMOND C. FOX TIONS WERE RECEIVED BY THE SENATE AND APPEARED WHICH NOMINATIONS WERE RECEIVED BY THE SENATE COLONEL ANTHONY M. HASLAM IN THE CONGRESSIONAL RECORD ON FEBRUARY 8, 2005. AND APPEARED IN THE CONGRESSIONAL RECORD ON COLONEL DAVID R. HEINZ AIR FORCE NOMINATIONS BEGINNING WITH JOSEPH B. JANUARY 6, 2005. COLONEL STEVEN A. HUMMER ANDERSON AND ENDING WITH KONDI WONG, WHICH ARMY NOMINATIONS BEGINNING WITH CYNTHIA A. COLONEL ANTHONY L. JACKSON NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- CHAVEZ AND ENDING WITH JACLYNN A. WILLIAMS, COLONEL RICHARD M. LAKE PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY WHICH NOMINATIONS WERE RECEIVED BY THE SENATE COLONEL ROBERT E. MILSTEAD, JR 8, 2005. AND APPEARED IN THE CONGRESSIONAL RECORD ON COLONEL MICHAEL R. REGNER AIR FORCE NOMINATIONS BEGINNING WITH JEFFERY F. JANUARY 6, 2005. COLONEL DAVID G. REIST BAKER AND ENDING WITH DAVID L. WELLS, WHICH NOMI- ARMY NOMINATIONS BEGINNING WITH FRANCIS B. COLONEL MELVIN G. SPIESE NATIONS WERE RECEIVED BY THE SENATE AND AP- AUSBAND AND ENDING WITH SCOTT A. WRIGHT, WHICH COLONEL JOHN E. WISSLER PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- 8, 2005. PEARED IN THE CONGRESSIONAL RECORD ON JANUARY IN THE NAVY AIR FORCE NOMINATIONS BEGINNING WITH COREY R. 6, 2005. ANDERSON AND ENDING WITH ETHAN J. YOZA, WHICH THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ARMY NOMINATIONS BEGINNING WITH LORETTA A. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- IN THE UNITED STATES NAVY TO THE GRADE INDICATED ADAMS AND ENDING WITH CLARK H. WEAVER, WHICH PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- 8, 2005. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: PEARED IN THE CONGRESSIONAL RECORD ON JANUARY AIR FORCE NOMINATIONS BEGINNING WITH JANICE M. 6, 2005. To be admiral ALLISON AND ENDING WITH DANNY K. WONG, WHICH ARMY NOMINATIONS BEGINNING WITH ROBERT D. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- AKERSON AND ENDING WITH BETH A. ZIMMER, WHICH ADM. WILLIAM J. FALLON PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT 8, 2005. PEARED IN THE CONGRESSIONAL RECORD ON JANUARY AS VICE CHIEF OF NAVAL OPERATIONS, UNITED STATES AIR FORCE NOMINATION OF ELOISE M. FULLER TO BE 6, 2005. NAVY, AND APPOINTMENT TO THE GRADE INDICATED COLONEL. ARMY NOMINATIONS BEGINNING WITH PRISCILLA A. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND IN THE ARMY BERRY AND ENDING WITH CATHERINE E. WRIGHT, WHICH RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTIONS 601 NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- AND 5035: ARMY NOMINATION OF ROBERT A. LOVETT TO BE COLO- PEARED IN THE CONGRESSIONAL RECORD ON JANUARY To be admiral NEL. 6, 2005. ARMY NOMINATION OF MARTIN POFFENBERGER, JR. ARMY NOMINATIONS BEGINNING WITH GEORGE A. AB- VICE ADM. ROBERT F. WILLARD TO BE LIEUTENANT COLONEL. BOTT AND ENDING WITH DONALD R. ZOUFAL, WHICH

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NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- MARINE CORPS NOMINATIONS BEGINNING WITH JEFF MARINE CORPS NOMINATIONS BEGINNING WITH JAMES PEARED IN THE CONGRESSIONAL RECORD ON JANUARY R. BAILEY AND ENDING WITH JULIO R. PIRIR, WHICH P. MILLER, JR. AND ENDING WITH MARC TARTER, WHICH 6, 2005. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- ARMY NOMINATIONS BEGINNING WITH JAN E. PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY ALDYKIEWICZ AND ENDING WITH ROBERT A. YOH, WHICH 8, 2005. 8, 2005. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- MARINE CORPS NOMINATIONS BEGINNING WITH JACOB MARINE CORPS NOMINATION OF DAVID G. BOONE TO BE PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY D. LEIGHTY III AND ENDING WITH JOHN G. OLIVER, MAJOR. 8, 2005. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE MARINE CORPS NOMINATION OF MICHAEL A. LUJAN TO IN THE MARINE CORPS AND APPEARED IN THE CONGRESSIONAL RECORD ON BE MAJOR. FEBRUARY 8, 2005. MARINE CORPS NOMINATIONS BEGINNING WITH MI- MARINE CORPS NOMINATIONS BEGINNING WITH JASON MARINE CORPS NOMINATIONS BEGINNING WITH STE- CHAEL A. MINK AND ENDING WITH LOUANN RICKLEY, G. ADKINSON AND ENDING WITH JAMES B. ZIENTEK, VEN M. DOTSON AND ENDING WITH CALVIN W. SMITH, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE WHICH NOMINATIONS WERE RECEIVED BY THE SENATE WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON AND APPEARED IN THE CONGRESSIONAL RECORD ON AND APPEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY 8, 2005. JANUARY 6, 2005. FEBRUARY 8, 2005. MARINE CORPS NOMINATIONS BEGINNING WITH JOHN MARINE CORPS NOMINATIONS BEGINNING WITH JORGE MARINE CORPS NOMINATIONS BEGINNING WITH WIL- T. CURRAN AND ENDING WITH THOMAS J. JOHNSON, E. CRISTOBAL AND ENDING WITH DONALD Q. FINCHAM, LIAM H. BARLOW AND ENDING WITH DANNY R. MORALES, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE WHICH NOMINATIONS WERE RECEIVED BY THE SENATE WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON AND APPEARED IN THE CONGRESSIONAL RECORD ON AND APPEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY 8, 2005. FEBRUARY 8, 2005. FEBRUARY 8, 2005. MARINE CORPS NOMINATIONS BEGINNING WITH RON- MARINE CORPS NOMINATIONS BEGINNING WITH AN- IN THE NAVY ALD C. CONSTANCE AND ENDING WITH JOEL F. JONES, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE DREW E. GEPP AND ENDING WITH WILLIAM B. SMITH, NAVY NOMINATION OF STEVEN P. DAVITO TO BE CAP- AND APPEARED IN THE CONGRESSIONAL RECORD ON WHICH NOMINATIONS WERE RECEIVED BY THE SENATE TAIN. FEBRUARY 8, 2005. AND APPEARED IN THE CONGRESSIONAL RECORD ON NAVY NOMINATION OF EDWARD S. WAGNER, JR. TO BE MARINE CORPS NOMINATION OF FREDERICK D. HYDEN FEBRUARY 8, 2005. COMMANDER. TO BE LIEUTENANT COLONEL. MARINE CORPS NOMINATIONS BEGINNING WITH WIL- NAVY NOMINATIONS BEGINNING WITH SAMUEL ADAMS MARINE CORPS NOMINATION OF KATHY L. VELEZ TO BE LIAM A. BURWELL AND ENDING WITH WILLIAM J. AND ENDING WITH RANDY J. VANROSSUM, WHICH NOMI- LIEUTENANT COLONEL. WADLEY, WHICH NOMINATIONS WERE RECEIVED BY THE NATIONS WERE RECEIVED BY THE SENATE AND AP- MARINE CORPS NOMINATION OF JOHN R. BARCLAY TO SENATE AND APPEARED IN THE CONGRESSIONAL PEARED IN THE CONGRESSIONAL RECORD ON JANUARY BE MAJOR. RECORD ON FEBRUARY 8, 2005. 6, 2005. MARINE CORPS NOMINATIONS BEGINNING WITH MAT- MARINE CORPS NOMINATIONS BEGINNING WITH NAVY NOMINATIONS BEGINNING WITH JASON K. THEW J. CAFFREY AND ENDING WITH WILLIAM R. TIF- KENRICK G. FOWLER AND ENDING WITH STEVEN E. BRANDT AND ENDING WITH RONALD L. WITHROW, WHICH FANY, WHICH NOMINATIONS WERE RECEIVED BY THE SPROUT, WHICH NOMINATIONS WERE RECEIVED BY THE NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- SENATE AND APPEARED IN THE CONGRESSIONAL SENATE AND APPEARED IN THE CONGRESSIONAL PEARED IN THE CONGRESSIONAL RECORD ON JANUARY RECORD ON FEBRUARY 8, 2005. RECORD ON FEBRUARY 8, 2005. 31, 2005.

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