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

Vol. 150 WASHINGTON, THURSDAY, JULY 8, 2004 No. 93 Senate The Senate met at 10 a.m. and was and the second 30 minutes under the countable, Flexible, and Efficient called to order by the President pro control of the Democratic leader or his Transportation Equity Act. It was tempore (Mr. STEVENS). designee. passed by an overwhelming, bipartisan f vote of 76 to 21. The Senate bill would PRAYER authorize $318 billion over 6 years and RECOGNITION OF THE MINORITY is revenue-neutral. It is fully paid for The Chaplain, Dr. Barry C. Black, of- LEADER fered the following prayer: and does not increase gas taxes. O God, the King of Glory, Your never The PRESIDENT pro tempore. The Nearly 400 organizations, rep- failing providence sets in order all Democratic leader is recognized. resenting the full spectrum of trans- things both in Heaven and Earth. You f portation interests, all support the give comfort to all who seek You. You THE TRANSPORTATION BILL Senate funding level. The Chamber of Commerce, the Asso- have promised to supply all our needs Mr. DASCHLE. Mr. President, this with riches from Your celestial bounty. ciated General Contractors, the gov- week we have been talking about a fun- ernors, the State legislators—the list You are at work in the events of our damental standard to guide our debates goes on and on. All attest to the need lives, bringing melody from cacophony in the Senate. for this kind of infrastructure invest- and unity from division. As we do our work, we need to ask a Bless our Senators as they trust Your simple question: ‘‘Are we doing right ment. The Senate bill would create over 1.7 mighty power. Bless, also, the members by America?’’ We need to ask that of their families who support them in question on policies affecting farmers, million jobs—new, good jobs for the their arduous work. Remind each of us seniors, and veterans. And we always millions of Americans who are looking that righteousness is the only true na- need to ask whether we are doing right for work. In my State, the Senate bill tional defense. by American families when it comes to would create over 6,500 jobs. It would O God, we wait for You to answer and economic policies. also provide for important transpor- trust You with our future. Help us to While the economy has finally start- tation needs on our rural roads and Na- live by faith, so that we are acceptable ed adding jobs these past few months, tive American reservations, and would to You. May the lives we live tell the this comes after 21⁄2 years in which the allow us to move forward with high- world of Your marvelous deeds. economy lost jobs every month. What priority projects in towns like Sioux Amen. is clear to many of us is that we still Falls, Rapid City, Yankton, and Pierre. These are important projects that sim- f have a long way to go, and we need to do more to help improve our economy. ply will not get completed without the PLEDGE OF ALLEGIANCE That is one of the main reasons it is so assistance of the Federal Government. The PRESIDENT pro tempore led the unfortunate that we have not com- One might ask: ‘‘What was the Bush Pledge of Allegiance, as follows: pleted the long-overdue transportation administration’s response to the Sen- I pledge allegiance to the Flag of the reauthorization bill—legislation that ate’s bipartisan job-creating bill?’’ United States of America, and to the Repub- expired at the end of last September. Their response has been, a veto lic for which it stands, one nation under God, The ability to plan how roads and threat—hardly the answer that Repub- indivisible, with liberty and justice for all. bridges will be built has suffered great- licans and Democrats alike were hop- f ly due to Congress’s failure to get this ing for; hardly the response that the bill completed on time. Well over economy needs; and hardly the re- RESERVATION OF LEADER TIME 100,000 jobs have been lost due to this sponse that the infrastructure deficit The PRESIDENT pro tempore. Under delay. And each month that we do not we have in this country cries out for. the previous order, the leadership time complete our work brings more job Fast forward to April 2. After a bi- is reserved. losses. partisan House plan to offer a bill at a f Job creation will suffer, too—in $375 billion level was scuttled by the South Dakota and across the country. Bush administration and the Repub- MORNING BUSINESS In my State, because our construction lican House leadership, the House The PRESIDENT pro tempore. Under season is short, there is not enough passed H.R. 3550, the Transportation the previous order, there will be a pe- time to plan ahead and put people to Equity Act. This bill authorizes only riod for the transaction of morning work, even if we passed a bill today. $284 billion over 6 years, and is not business for up to 60 minutes, with the But we will not pass a bill today. fully paid for. Again, one might ask: first 30 minutes under the control of Earlier this year, on February 12, the ‘‘What was the Bush administration’s the majority leader or his designee, Senate passed S. 1072, the Safe, Ac- response to the House bill?’’ If it did

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

S7775

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VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7776 CONGRESSIONAL RECORD — SENATE July 8, 2004 not like the original bipartisan House the President know, that we cannot af- The PRESIDING OFFICER (Ms. MUR- proposal at $375 billion, and it did not ford to fail when it comes to this im- KOWSKI). Without objection, it is so or- like the bipartisan Senate bill at $318 portant bill. dered. billion, how about the reduced bipar- We can do better, and I remain hope- f tisan House bill at $284 billion? The an- ful that the President will confront the THE ECONOMY swer was another veto threat. challenge, reverse his continued oppo- Again, hardly the answer that House sition, and join the Senate in sup- Mr. BENNETT. Madam President, and Senate Republicans and Democrats porting a transportation bill that one of the things that has struck me were hoping for from their President makes sense for our country. since I have been in the Senate is that and hardly the response the economy Mr. President, I also want to address during debate in the Senate, particu- needs. a concern that many of us expressed larly during morning business, Sen- Fast forward one more time to June yesterday about our current cir- ators seem to have no sense of history. 23, when the Senate conferees voted in cumstances, procedurally and They seem to create a crisis out of the the conference committee meeting parliamentarily. moment and have no sense of placing with the House to resolve the dif- The majority leader threw down the their statements in any kind of his- ferences between the two bills. The gauntlet again last night in a very un- toric context. This is an opportunity Senate made a formal offer to the fortunate decision. That decision, of for missing what really is happening. If House in the amount of $318 billion and course, was to file cloture. Having you do not place something in its con- requested that the House respond to filled the tree, which means not only text, you do not understand it prop- the offer at the next meeting on July 7. are Senate Democrats precluded from erly. For that reason, I have decided to So, yesterday, after 2 weeks’ time, the offering amendments before we have talk a little bit about the debates that House and Senate met again. There had even offered the first amendment or have been going on with respect to the been hopeful signs that the House con- had one vote, it is now the majority’s economy, where the economy is, where ferees might be prepared to accept the decision to thwart the effort to have the economy is going. Senate’s funding level, and many of us the kind of debate that all of us antici- Let me take listeners back to the thought we might have a breakthrough pated on class action and, simply said, election of 1992. I have particular focus that would move the bill forward. But we will have wasted an entire week in there because that is the election in what did we hear yesterday? The House what is a very limited legislative pe- which I was first chosen to come to the was not yet prepared to respond to the riod to begin with. Senate. During that election, there was Senate’s offer. There is no question the cloture vote a lot of conversation about the econ- What is clear to many of us is that will be defeated. We will have wasted omy. We were in a recession, everybody unless the White House and the Repub- that week. We could have disposed of said. We are in a terrible slowdown, ev- lican leadership in the House release most of the amendments by now. Most erybody said. In fact, as we now know, their stranglehold on House conferees, of my colleagues had already expressed looking at it in historic context, things we will not have a transportation bill to me a willingness to offer their were on the rise. There had, in fact, this year. amendments with very short time lim- been a recession, but we were in recov- Transportation has almost always its. How ironic that in the name of sav- ery during the election of 1992. It just been—and has been in the Senate again did not feel like a recovery. this year—a bipartisan priority. Chair- ing time we have wasted time. I made a legitimate and bona fide That is one of the historic lessons we man INHOFE has done a superb job of should all learn. The sense of where we guiding the bill forward. But he cannot heartfelt offer yesterday that we limit Democratic nonrelevant amendments are is almost always lagging events. do it alone. That is, we have a feel that we are in I remain hopeful that the Bush ad- to 5, relevant amendments to 10. I a recession when, in fact, we are in a ministration will realize that our econ- thought it was an interesting jux- recovery. On the flip side of that, we omy, our infrastructure, and American taposition—the majority leader actu- can have a feel that we are in a recov- families need and deserve a good trans- ally offered an unlimited list of rel- ery when we are, in fact, in a recession. portation bill, a bill that will create evant amendments which would have It is because things take a little while good jobs and provide the investments prolonged debate perhaps for weeks if to sink into the consciousness even in our Nation’s infrastructure that are that had been agreed to. though they are going on in reality. so desperately needed. We have made a good-faith offer. I We need more than a President who am troubled and again frustrated that In 1992, then-Governor Clinton and I, simply says ‘‘no’’—a President who we have come to this point. We have running, obviously, for different of- says he will veto a final transportation wasted a week. We will waste many fices, both were faced with an elec- bill with either the Senate or the more days, if not weeks, in the future torate that felt the economy was in House spending levels. with this practice. We have learned trouble. We both talked about what we By continuing to say ‘‘no,’’ the Presi- from the past how unproductive these needed to do to get the economy out of dent jeopardizes 1.7 million new jobs in approaches to debate can be. It is too trouble. Then, when the normal course our Nation and 6,500 jobs in South Da- bad we have to learn all over. of the business cycle brought the econ- kota alone. He puts at risk necessary I yield the floor. omy back, the temptation on the part improvements for rural and Native The PRESIDENT pro tempore. The of all politicians was to take credit for American roads. Senator from Utah. that, as if the recovery that was taking Next Tuesday, there will be another Mr. REID. Mr. President, will the place in 1993 and 1994 occurred solely meeting of the conferees. I hope this Senator from Utah yield for a unani- because we had been elected. That is critical issue of the investment level mous consent request? very satisfying for a politician to want will be resolved, and that we can get on Mr. BENNETT. I am happy to. to do. It does not happen to be intellec- with the business the American people f tually accurate, but it is something ev- expect us to conduct. If we ask our- erybody does. selves, Are we doing right by America ORDER OF PROCEDURE As I say, I was elected in 1992. In 1993, on this transportation bill? The answer Mr. REID. First of all, I ask consent I joined the Banking Committee. As a is that the Senate has done right. The morning business be extended 5 min- member of the Banking Committee, I House has made a start. But, unfortu- utes on each side. had the occasion to listen to the Chair- nately, without the President’s con- The PRESIDENT pro tempore. With- man of the Federal Reserve Board structive participation, we cannot out objection, it is so ordered. when he came before the Banking Com- complete the assignment. We will not Mr. REID. Mr. President, I ask on the mittee to make his report on the state have a transportation bill. We will not Democratic side, when our time occurs of the economy. I remember very clear- create needed jobs. We will be failing in half an hour, that Senator HARKIN ly because the Chairman of the Federal the American people. be given 15 minutes, Senator LAUTEN- Reserve Board, Alan Greenspan, had I urge all Americans to let their Rep- BERG 10 minutes, and Senator CANT- been appointed by a Republican Presi- resentatives in the House know, and let WELL 10 minutes. dent and was viewed as a Republican

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2004 CONGRESSIONAL RECORD — SENATE S7777 holdover, some of the Democratic mously strong economy we were hav- tremendous number of jobs. In March, members of the Banking Committee ing. April, and May of 2004, we added more were very critical of him at the time. Looking back on it now, we know jobs than were lost in that cor- They said: If this is a recovery—voices that the President who was elected in responding 3-month period following 9/ dripping with sarcasm—where are the 2000 inherited a slowing economy head- 11. jobs? I remember charts being held up ed toward recession, in contrast to the So now we do not hear about the job- in the Banking Committee to confront President who was elected in 1992, who less recovery any more. Now the rhet- Alan Greenspan to say, if it is a recov- inherited a strong recovery headed to- oric has shifted to ‘‘the middle-class ery at all, it is a jobless recovery. ward a period of great growth. Natu- squeeze.’’ I heard one Senator on the Where are the jobs? Greenspan was sub- rally, in the political world, that Presi- Senate floor stand here and say: Prop- jected to heavy criticism from Demo- dent was blamed for that slowdown. It erty taxes in my State have gone up so cratic members of the Banking Com- all happened on his watch, so it was all high the middle class cannot handle mittee because somehow it must be his his fault. it—to which I want to say, you mean fault that there was a jobless recovery. Interestingly enough, I recall that in George W. Bush is responsible for the Looking back, again in the context of the election of 2000, there was one can- fact that property values in your State history, we know that the creation of didate who spoke of the coming slow- have gone up, and your State legisla- jobs is always what the economists call down, and he was attacked for trying ture has responded to that by reas- a lagging indicator. That is, a recovery to talk down the economy for political sessing property and raising property starts; it takes hold; the jobs that had purposes. That was Governor George taxes in your State? That is the Presi- been lost in a recession are always the W. Bush of Texas, holder of a Harvard dent’s fault? last thing to come back in a recovery. MBA, who could see the signs that this Well, in today’s political atmosphere, The jobs started to come back in slowdown was coming and talked about of course, it is the President’s fault. 1994, in 1995. The Clinton administra- it during the campaign, only to be at- Anything that happens is the Presi- tion took credit for that: We did it; the tacked by his political opponents for dent’s fault. only reason the jobs came back is be- his pessimism. The point I want to make is, in his- cause Bill Clinton was elected Presi- But he inherited a slowing economy, toric terms, just as President Clinton dent in 1992. The Republicans had an a slowdown that started in 2000. The inherited an economy that was on the answer to that: No, we did it; the only GDP went negative in the first quarter rise because of forces that were in reason the jobs came back is because of 2001 and hit its worst point in the place prior to his election, just as Newt Gingrich became Speaker in 1995. third quarter of 2001, simultaneous President Bush inherited an economy In fact, of course, the business cycle with September 11 and the hit that where the forces were on the decline was well entrenched, the recovery was gave to the economy. prior to his election, the next Presi- underway, and the jobs came back, So we did have a recession. It was ad- dent, the one who will be inaugurated probably without regard to who was vertised and forecast by the economic on January 20, 2005—whoever he may President or who was Speaker. It was information that preceded it, and the be—will inherit an economy that is part of the standard business cycle. President and the Congress have been strongly on the rise where all of the Then we got into that period of struggling with that recession and the economic indicators are up and where boom, and everybody was excited that recovery that has followed ever since. the groundwork for a significant period the boom was going to go on forever. I It is interesting to me that even of growth and prosperity has already remember asking Alan Greenspan in though that recession was shorter and been laid. Whoever that President is one of his other appearances before the shallower than the recession that had will take credit for that growth, even Banking Committee, as we were talk- occurred 8 or 9 years before, the rhet- though the groundwork for it has been ing about the continual rise in the oric on the Senate floor referred to it laid prior to his inauguration. economy: Mr. Chairman, have we re- as ‘‘the worst economy in 50 years.’’ We Now, I will say that if that President pealed the business cycle? Is the busi- were told this President was ‘‘the worst is George W. Bush, he might be entitled ness cycle over, and we are never going President since Herbert Hoover.’’ No to some of that credit. But the fact is, to have another recession? sense of history, no understanding of the combination of the actions in mon- Chairman Greenspan smiled that wry the reality, no connection with the real etary policy by the Federal Reserve smile of his and said: No, Senator, we data—but that kind of rhetoric has Board and in fiscal policy by the Con- have not repealed the business cycle, been used on the floor of the Senate. gress of the United States has been re- and there will be a correction, a reces- It is also interesting that the same sponsible for creating the atmosphere sion—call it what you will—at some attack that was made when Bill Clin- of economic growth and strength the point in the future. We cannot predict ton was a fresh President was made next President and the next adminis- when and we cannot predict how deep, again with respect to this recovery: tration will preside over. but it will be there. Where are the jobs? The same ques- I repeat what I say here often: We The point of this in political terms is tions I heard thrown at Alan Greenspan politicians need to have a greater sense that President Clinton and the Con- by the Democrats on the Banking Com- of humility and reality and understand gress that was elected with him in 1992 mittee have now been thrown not at we do not control whether the economy inherited a strong recovery tide in the Alan Greenspan but at George W. Bush: is good or bad. If we could control that, economy. However much we took cred- Where are the jobs? Once again, eco- the economy would constantly be good. it for it ourselves, we really had little nomic history shows that jobs are the What politician of either party would or nothing to do with it. lagging indicator, that jobs come at deliberately preside over policies that Now, let’s go ahead 8 years to the the end of the turnaround and not in make the economy go bad and the vot- election of 2000. In the election of 2000, the middle of it. And now, exactly on ers get mad? If it were up to the Con- it felt as if the economy was still enor- time where economic history would in- gress to say, ‘‘Do this, and the econ- mously strong. Remember, I discussed dicate, the jobs have started to appear. omy will be good’’ or ‘‘Do that, and the our feelings of how things are going All of a sudden, the argument that economy will be bad,’’ every Congress, usually lag reality. In fact, we now this is a jobless recovery no longer regardless of ideological stripe, would know that the economy started to slow holds any water. We have increased always say, ‘‘Let’s do what makes the down in 2000. We now know that gross jobs for 10 consecutive months. In the economy good.’’ domestic production growth, which is months of March, April, and May, we So maybe it is time to visit just a lit- the main measure of recessions and re- added more jobs to the economy than tle bit about what causes the business coveries, was dropping sharply in the were lost in the 3 months following 9/ cycle. It is not elections. Recessions last two quarters of 2000, but it did not 11. We had the disaster of 9/11 and 3 are caused by one of two general cat- feel like it. The layoffs had not started months of a loss of jobs. As the airline egories of events. One which we cannot yet because businesses were hoping industry went into the tank, the hospi- control is outside shocks, such as 9/11, this was temporary. Employment was tality industry and others were shat- such as the oil shock that set off the still up, and we talked about this enor- tered by the 9/11 situation. We lost a recession in the 1970s. Recessions are

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7778 CONGRESSIONAL RECORD — SENATE July 8, 2004 caused by shocks that are outside our matter who gets elected in terms of of issues. Frankly, I think we have control. economic power. But we can certainly about four or five issues that we ought Or the second general category: They do dumb things that can hurt it. The to be dealing with. One, of course, is are caused by a series of mistakes, mis- Federal Government can’t create jobs, the difficult one called the budget. takes that business men and women but the Federal Government can mess Some people out there say: Why do make. They make decisions about pur- up the economy in such a way that jobs you fool with it? You don’t pay any at- chasing stock and then discover they are destroyed. tention to it anyway. have too much inventory. They make How do we do it? One of the ways That is not true. It is a way to pro- decisions about going into a market that we disrupt the economy, and we tect spending within the limits of the and discover that the market will not do it regularly, is by our tax policy. We budget. If you don’t have one, that work, and they have to lay people off. can create an atmosphere where it is makes it difficult. They make decisions about the future easier for the economy to grow, or we Appropriations, of course, must be of their product and then discover the can create an atmosphere where there done by the end of September in order product will not sell, so they have to are penalties in the form of taxes when to continue to deal with the things we cut back. the economy grows. must do. When the number of decisions that I have told this story before about I believe our energy policy, where we are wrong exceeds the number of deci- my own experience founding a com- are going in the future, ought to be sions that are right, in an $11 trillion pany and making it grow in what some laid out. That is one of the most impor- economy, you get a recession. The re- have called the decade of greed. When tant issues we have before us. cession is the way those mistakes are Ronald Reagan was President and the And as the Democratic leader said paid for. The recession is the way the Congress created a situation where the this morning, the highway bill has the impact of those mistakes are cor- top marginal tax rate was 28 percent, most direct impact on the creation of rected. oh, what a tremendous windfall for the jobs of anything we could do, and we Perhaps the most dramatic one I can rich to have the top marginal tax rate have completed all the efforts on that think of was the recession of 1958 where at 28 percent. What they don’t realize, for some time. the automobile industry collectively those who talk about how terrible this I am certainly hoping that we can made a series of major mistakes. They was, is that the enormous economic move forward. Unfortunately, we have assumed the boom they had in previous growth we had in the 1980s, and indeed been held up by this idea of having un- years—1955 model year, 1956 model on into the 1990s, in my view, was related amendments to every bill. We year, 1957 model year—was going to go spurred by the fact that a company ought to fix that issue. When we are on forward, and then suddenly they dis- like ours, starting with four employees an issue, we ought to stick with that covered they had huge amounts of in- and growing ultimately to 4,000, was issue and have only amendments that ventory on their hands, as people did able to finance that growth because we are pertinent. But that is not the case, not buy cars at the same level they had were able to keep 72 cents out of every of course. We use every bill as an op- projected. As a consequence, the auto- dollar we earned. portunity to bring up something to- mobile industry started to shut down When the Clinton administration tally unrelated, and that has been a until the inventory got sold off. That came in, and the Congress responded to problem. meant the steel industry, the alu- his call, the top marginal tax rate went In any event, I will discuss a little minum industry, the glass industry, effectively to over 40 percent, which while this morning something that is the rubber industry, all had to shut meant a starting business was able to related to what we are talking about down because they were not building keep only 60 cents out of every dollar on the Senate floor. It isn’t part of the cars, and we had one of the most dif- that it earned and had to go someplace bill, nor do I expect to put it in as an ficult recessions we have had in the else to finance its growth rather than amendment, but I think it is some- postwar period in 1958. The recession from internal funds. thing that is quite important to the was the way you corrected those mis- I have made these points before. I legal system, particularly as it affects takes. It did not have anything to do have learned in the Senate there is no decisions vis-a-vis public lands. Of with who was elected President or who such thing as repetition because on the course, being from Wyoming—the Pre- was elected to the Congress; it was other side of the aisle we get the rep- siding Officer being from Alaska—a caused by a series of bad business deci- etition day after day about how ter- large percentage of our States is public sions on the part of people in the auto- rible the economy is. lands. So how decisions are made with mobile industry. I say again, in conclusion, the next respect to those is very important. Look at the recession we have just President, whoever he is, will preside Furthermore, we find ourselves with gone through. What did it come on the over a strong and robust economy. The an increasing number of lawsuits. Un- heels of? Yes, 9/11 was there. Yes, there groundwork for that reality has been fortunately, we almost have ourselves were some outside shocks. But it came laid during the last 4 years. Whoever in a position of managing through law- after what we called the dot-com bub- takes credit for it in the next 4 years suits as opposed to managing based on ble. A lot of jobs were created in com- will be taking credit for work that was good decisions. panies that were not earning anything. done prior to his taking office. I would like to talk a moment about They had no income other than selling I yield the floor. venue shopping. We have been steam- stock on the stock market. People got The PRESIDING OFFICER. The Sen- rolled in Federal land issues by judges caught up in the froth of the dot-com ator from Wyoming. who are thousands of miles away from bubble: This is going to be a great fu- f the area where the question is raised. ture; we are going to buy the stock, Specifically, these courts have system- and we are going to get rich. VENUE SHOPPING atically denied access to Yellowstone Somewhere along the line somebody Mr. THOMAS. Madam President, I and Grand Teton National Parks. We said: But where are the earnings? When appreciate the comments of the Sen- have national parks to protect them, it dawned on people these companies ator from Utah. Certainly, the impact and at the same time, so that people with these brilliant projections and of the economy on all these things is a can enjoy them and have access to plans had no earnings, shareholders de- little hard to determine and easy to them. Those are the important things. cided they did not want to hold those make political. I hope we can under- Special interest groups that have dif- stocks anymore. The dot-com bubble stand and stick with some of the eco- ferent feelings about it like to search burst. The stock market collapsed, and nomic elements that are there and out over the country for a venue where we were on our way toward a correc- then deal with the political ones that they think they can go that will give tion or, if you will, recession. It had go with it. them the best opportunity to succeed nothing to do with who got elected. First, let me say I am a little dis- in the lawsuits that they have filed. But this point I want to make: appointed in the way we are moving in Environmentalists tend to go to a Maybe we in government can’t create the Senate, frankly. We don’t have venue in Washington, DC, for a more economic growth. Maybe it doesn’t many days left to deal with a number sympathetic court than those courts

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2004 CONGRESSIONAL RECORD — SENATE S7779 they are closest to and deal with the islation in this body. We, as 100 Sen- and if we are part of an obstructionist issues that are there. This action, of ators, are concentrating on votes and move, we must reassess our position course, is contrary to the system of issues that lean to doing the business and understand what is at stake. circuit courts, judges thousands of of a political party rather than doing I appeal to my colleagues. It is time. miles away from disputes involving the people’s business, which we were I yield the floor. certain impacted areas. Those lawsuits sent here to do. This is the people’s The PRESIDING OFFICER. The Sen- should be tried in the courts of primary forum. All people in this country ex- ator from Iowa is recognized. jurisdiction because they are the pect us to get our work done. We have Mr. HARKIN. Is this Senator allotted courts that are there. issues that are held up, yes, in policy, a certain amount of time? We have had a real problem in Yel- but the business of financing this Gov- The PRESIDING OFFICER. Fifteen lowstone National Park. The district ernment in a direction that faces the minutes. court judge here in Washington decided challenges that we do at this time is f to move back again on something that also being held up. CIA AGENT REVEALED we thought was resolved. The Park I am sorry we could not move on to Service had asked for relief from Judge the class action legislation. It was not Mr. HARKIN. Madam President, yes- Sullivan’s December order because it the intent of this Senate to do that, as terday I stood before the Senate and would have left an impossible decision. objections were thrown out that noted that it had been almost a full It then moved back to a Wyoming blocked the legislation no matter what year since the identity of a covert CIA court where it belonged, a Federal cir- the conditions were, let alone amend- agent was revealed in print by the col- cuit court, of course. So now we find ments—no agreement on them or a umnist Robert Novak. It has been 360 ourselves with 2 years of indecisiveness timeframe in which to finish the legis- days and counting. Next Wednesday, it which means we have not made a deci- lation. will be 1 full year. It is time to ask, sion. People don’t know whether they This is important for small business. Why hasn’t the White House cleared can go into Yellowstone Park in the Class action is important for a State this up? winter. such as mine, because we are a State of Madam President, 360 days have gone I have introduced legislation that small businesses. We don’t have any by since a CIA agent’s name was re- would limit the ability of individuals large corporations in the State of Mon- vealed by top White House officials. We to venue shop. Federal land issues aris- tana. Lawsuits—and frivolous law- know how agent Valerie Plame’s cov- ing in a particular State ought to go to suits—are just sapping the life out of erage was blown. Back in September, that circuit court in which the Federal the people who perform the services the Washington Post reported that two judges there are involved. These Fed- and deliver the goods for the rest of the senior White House officials called at eral judges have the same qualifica- citizenry in the State of Montana. least six Washington journalists and tions as anywhere else, and that is That is not being allowed to move for- disclosed the identity of a covert CIA what Federal courts are for. That is ward. Under any condition, there is an agent. why we have different venues. So it is objection. Are we heading toward the It has also become fairly clear why important. Access to public lands is small end of the tunnel whenever we the agent’s cover was blown. It was very important to our State and cer- get down to the end of the session, and part of an ongoing effort to discredit tainly we need to exercise the system then everything breaks loose—issues, and retaliate against critics of this ad- that has been set up. bills, and articles are moved much fast- ministration, especially those who re- The Federal judiciary is a system of er. Sometimes they move so fast there vealed that intelligence used to justify circuits. Wyoming is in the Tenth Cir- are some unintended consequences. the war in Iraq was flawed or fab- cuit. Unfortunately, this system now I am disappointed that we don’t fin- ricated. Now Ms. Plame, as we know allows people to go around the Tenth ish our business. This is the people’s now, is married to former Ambassador Circuit and go to another place where house. Issues are on the line. We are Joseph Wilson. Ambassador Wilson was they think they will have better suc- just wasting our time. In fact, we are sent on a factfinding mission to Niger cess. doing it to the point where we might as to examine claims that Saddam Hus- My friend from Montana is here. I well be home, working at home, and sein had sought to purchase uranium hope and I am pushing for a bill that whenever we decide we want to do busi- from that nation. He found no evidence says you ought to go to the circuit in ness, then we will come back to town to support the claim. But President which the problem arises for the Fed- and complete the Nation’s work. Bush, nonetheless, made that claim in eral court jurisdiction. It is incumbent upon all of us who his State of the Union Address. I yield the floor. share the same responsibility, not only How those famous 16 words read by The PRESIDING OFFICER. The Sen- to our States but to this country, to the President to the listening Nation ator from Montana. complete the work at hand, providing about the efforts by Saddam Hussein to f economic opportunities for more peo- purchase uranium from Niger made it ple, which we have done. into the State of the Union Address re- A ROCKY START Look at the statistics. More people mains a great literary mystery. Who Mr. BURNS. Madam President, we all own homes now in the United States lied in President Bush’s State of the came back from our States after the than ever before in the history of this Union speech? We still don’t know. We Fourth of July break knowing that we country, and the same is true about do know that Ambassador Wilson pub- would be working on a short timeline. Montana. More people are working lished an article disputing the uranium Lots of legislation and policy has to be today than any other time in Montana claim in the New York Times. Appar- done before we end this Congress and history. We gained jobs in the last 4 ently to discredit and punish Mr. Wil- all go home and campaign for election years, when the rest of the country was son, senior White House officials and reelection. We are off to kind of a struggling. We want to keep that trend leaked the identity of Wilson’s wife and rocky start. Not only do we not have a going, expanding. Yet we are held up the fact that she was a CIA operative. budget and the rules that we must here on issues that are very important One day Ms. Plame was a valued abide by within a budget in order to in order to make sure that the expan- human intelligence asset; the next day proceed to appropriations and to make sion continues. she was political cannon fodder. What any sense out of the appropriations I appeal to my colleagues on both we still don’t know almost 1 year later process, but we also do not have our sides of the aisle. It is time to move is who the senior White House officials appropriations process as being sort of from the frivolous discourse that we responsible for this destructive leak supplanted, that we may have to take have heard in the last couple of weeks were. We still don’t know who it was another tack in order to pass them and and this week, and get on with the that gave this classified information to keep the Nation’s Government in busi- business at hand and vote. Let the will the White House, to the leakers. Was it ness. of the American people be heard and someone at the NSC? Was it someone This week, we have witnessed that done. It is our responsibility. It falls on at the CIA? Was it the same person we are not really ready to pass any leg- each and every one of our shoulders, who made the decision to include the

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7780 CONGRESSIONAL RECORD — SENATE July 8, 2004 false claims about uranium from Niger Now I find this more than passing that was done was not only to her but in the State of the Union Message? strange that the previous President of to her network and potentially to all Madam President, 20 years of train- the United States, President Clinton, CIA human intelligence operatives. ing and experience and millions of dol- when he was being questioned about One publication reported after read- lars were invested in this agent. Leak- his relationship with a White House in- ing of her own blown cover, Ms. Plame ing her identity violated the law and tern, was put under oath and filmed, immediately sat down to make a list of constituted a betrayal of this country. and yet this President and this Vice all of her contacts and associates who Yet, for all we know, the person re- President, the head of an administra- could be in jeopardy. I can only hope sponsible for this betrayal could at this tion where people leaked the identity when we find out the identity of this very moment still be exercising a sen- in clear violation of the law of a CIA leaker or leakers, that person is forced ior decisionmaking role in this admin- operative, are interviewed; they are to see this list and be confronted with istration. This apparently is an admin- not put under oath; they are not the full extent of their betrayal of this istration where the buck never stops, filmed. Would someone please explain country and our citizens. an administration where abuses occur, the priorities? Usually when the cover of agents like but no one at the top is ever forced to In fact, the President has been kind Valerie Plame is blown and their con- accept responsibility. of cavalier and dismissive of this entire tacts placed in jeopardy, it is a result In her 20-year career, Valerie Plame situation. In his only public statement of espionage. The perpetrators, when operated with unofficial cover, which about the leak, he told reporters, and convicted, face life in prison or even means she had no diplomatic immu- this is a direct quote from President death. In many ways, it is almost nity. Effectively, her only defense was Bush: worse that this was done as an act of a painstakingly created and main- . . . I don’t know if we are going to find political revenge. The disclosure of Ms. tained cover. She worked closely with out the senior administration official. Now, Plame’s identity was unquestionably a undercover operatives and a network of this is a large administration, and there’s a vicious act of political intimidation contacts. All were potentially placed in lot of senior officials. I don’t have any idea. and retribution, but it is much more jeopardy and exposed to danger by the That is what George Bush said on Oc- than that. It is part of a clear pattern disclosure of her status. tober 7, 2003. of coverup, concealment, and contempt Last November, we heard testimony What I would like to know is, where for the truth. That is why so much from three former CIA experts. They is the President’s outrage? Where is rests on the outcome of Mr. all agreed on the far-reaching damage the recognition that this is not the Fitzgerald’s investigation. this disclosure represented for Ms. same as leaking promising numbers on We need to identify and prosecute Plame’s broader network of contacts the economy? Where is the President’s those responsible for this damaging and for the intelligence community as fury that one of his own valuable intel- episode, and in so doing we need to a whole. After all, what guarantee does ligence assets has been destroyed? And send a clear message to the President any intelligence agent now have that what about the Vice President? We and the Vice President that sacrificing they could not be the next victim of know he can be relentless when he is intelligence assets and breaching na- some administration’s smear cam- on a quest for information to justify tional security is too high a price to paign? the case for the war in Iraq. Where is pay for maintaining the issue of deceit Vincent Cannistraro, former chief of his determination to find the people that was used to justify the war in Iraq operations and analysis at the CIA who have destroyed the confidence of to the American people. Counterterrorism Center, said of the the intelligence community in this ad- I yield the floor. Plame disclosure: ministration? The PRESIDING OFFICER. The Sen- The consequences are much greater than All we hear from the President and ator from Washington. Valerie Plame’s job as a clandestine CIA em- the Vice President is silence on this f issue, as if they do not want to know ployee—they include the damage to the lives ENERGY POLICY and livelihoods of many foreign nationals who leaked this information, or they with whom she was connected and it has de- know and they do not want to be held Ms. CANTWELL. Madam President, I stroyed a clandestine cover mechanism that accountable. In either case, it is inex- rise this morning to talk about where may have been used to protect other CIA cusable for the President or Vice Presi- we are going with our Nation’s energy nonofficial cover officers. dent. policy and what this body and the James Marcinkowski, a former CIA The disclosure of Ms. Plame’s iden- House of Representatives are going to operations officer, seconded this by tity represents an extremely damaging do in protecting consumers and rate- saying: breach of national security. She payers from continued market manipu- The deliberate exposure and identification worked gathering human intelligence, lation and energy fraud. of Ambassador Wilson’s wife, by our govern- exactly the type of intelligence we This morning, most of America woke ment, was unprecedented, unnecessary, have heard over and over again since up to a picture of one of America’s cor- harmful and dangerous. September 11, 2001 that is so critical to porate leaders led off to an indictment Larry Johnson, a former CIA analyst our fighting terrorism. in handcuffs. Yes, that is right, Ken and State Department employee, said: Only 2 days ago, National Public Lay from the Enron Corporation, while For this administration to run on a secu- Radio reported on the fact that there is not found guilty today, was indicted on rity platform and allow people in the admin- a growing consensus on the need to im- 11 different counts, including wire istration to compromise the security of in- prove our human intelligence capacity. fraud, securities fraud, and making telligence assets, I think is unconscionable. There is a recognition that after years false and misleading statements. The No one in this Chamber, after listen- of increasing reliance on intercepts and question is whether this 65-page indict- ing to these three men, could have any satellite imagery, only solid human in- ment of Ken Lay, which does prove doubts about the damage this act has telligence can help us deal with the that no one is above the law, is going done to the relationship between the type of insurgency we face in Iraq in ef- to bring justice to ratepayers and con- intelligence community and the ad- fectively fighting al-Qaida. sumers in America who have suffered ministration. From all reports, the spe- The other critical point that was from market manipulation at the cial prosecutor, finally appointed the made is that sending troops to a train- hands of Enron. day before New Year’s, Mr. Fitzgerald, ing course on intelligence gathering is I say that because there are still has been conducting a very aggressive not enough. According to one CIA about 10 States in America that have investigation. He has issued subpoenas, agent, he said it takes 10 years to sea- utilities that are being sued by Enron. called witnesses before a grand jury, son somebody as a case officer in order That is right, even though Enron has and interviewed the President and Vice to judge the information and the peo- manipulated contracts, even though President. ple they are dealing with, check on there are documents from Federal in- I inquired as to whether the Presi- bona fides. That is the kind of asset vestigators showing that market ma- dent or Vice President were put under Valerie Plame used to be, and, as Mr. nipulation has happened, Enron still oath. I am informed they were not. Cannistraro pointed out, the damage has the audacity to sue utilities across

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2004 CONGRESSIONAL RECORD — SENATE S7781 the country forcing them to pay on say we definitely need relief from these cally found that Enron attempted to fraudulent contracts. For the State of Enron contracts. have direct and indirect influence upon Washington there has not been an in- Still, Mr. Lay sent a letter to the ex- FERC’s investigation of the market; significant consequence for our econ- ecutive branch basically saying: I am that they were trying to lobby FERC, omy. The fact that people in Snoho- attaching a list of potential candidates if you will, to do nothing about the mish County had a more than 50-per- we think would do an excellent job on California crisis. I find that a very in- cent rate increase and have had that the Federal Energy Regulatory Com- teresting connection in this particular rate increase in place for some time, mission. Basically, he went on in that issue, again, because my ratepayers are shows the great impact it has had on document to then give a list of issues continuing to pay exorbitant amounts our ability to keep jobs, keep people in that he thought were very important for energy, being sued by Enron. They their homes with proper heating. Even to consider for the Commission ap- are on the hook for millions more. the school districts have had chal- pointees that he thought would help in- Madam President, $122 million just lenges. Snohomish, Mukilteo, and fluence the process. Specifically, he from the utility in my home county is Everett School Districts have esti- talked about how basically the free what they want to get out of our rate- mated that they will pay $2-plus mil- market should continue to be allowed, payers, when they have admitted mar- lion in energy costs if their utility is that they should not push in the en- ket manipulation. I find this inter- forced to pay Enron. That money could ergy crisis for a variety of resolutions. esting. The day that Ken Lay actually In fact, he actually said one of the go for hiring teachers, putting class- sent the letter to the executive branch room materials together, and helping criteria should be: Willingness to abol- ish current native load preference was January 8, 2001. In it, he is basi- to promote programs under the No under current tariffs. For us in the cally saying: I want to get Commis- Child Left Behind Act, but at the same Northwest, right there he was lobbying sioners who think like Enron does. I time they are getting hit with exorbi- the administration to say, only appoint want to get those people making these tant energy costs. Commissioners to the Federal Energy important policy decisions. Here are So my constituents want to know Regulatory Commission who are going the policy decisions I think they whether this 65-page indictment is to let us have our way, putting what- should make. Make sure these markets going to lead to justice for Americans ever Enron power on the grid that can continue to operate in the way that who have been impacted by this mat- go on the grid. If we are willing to pay Enron likes. ter. I find it amazing because instead of Washington is not the only State. to put Enron energy onto the grid and pay more money than the Bonneville Ken Lay doing his job on a daily basis Nevada, the State of the Presiding Offi- as a CEO, with oversight over an orga- cer who understands this issue well, Power Administration is willing to pay, nominate FERC Commissioners nization, he was lobbying for FERC has been impacted. There are States in commissioners. Meanwhile, less than 2 the Midwest. There are many utilities that are going to let us do that. He goes on to say that he wants to days after Ken Lay writes this letter that cannot believe that with all this select people who are going to ensure we have audiotapes from Enron traders information that has come about they that there are free markets and open talking about the ricochet scheme, are being asked to pay on these fraudu- access, which is a concern. While he which was selling power outside of lent contracts. mentions orderly rules of the road, one California and then selling it back in, I think the question that Federal of the issues has been whether there doing that because it could get a high- regulators ought to be asking them- have been any orderly rules of the er price. selves, and those who are responsible road. I think that is part of the con- So he writes this letter on January 8, for the indictment of Ken Lay—I want cern that we have with his indictment: and we have audiotapes on January 18 to applaud the Department of Justice how much did he influence the regu- of Enron discussing how they were ma- for doing the great work they have latory process? nipulating the market using the rico- done in actually bringing about this in- A second thing came to light within chet scheme. On January 23, about 2 dictment today. But the question be- the context of the Governmental Af- weeks after he writes this, there are comes, How did Mr. Lay influence the fairs Committee. The committee per- tapes of Enron traders on the phone rest of the regulatory process? If you formed an investigation of how much discussing how they are going to take are the Department of Justice you are Enron did influence the Commission. In a contract with a utility in my State, bringing about justice to individuals fact, after reviewing memos that had in Snohomish County, and jack up the believed to have manipulated the mar- been sent by Ken Lay to the Federal price, lying to make them think there ket, financial documents, or made false Government, to various individuals, in- was a higher demand for the power, and or misleading statements. Then is the cluding his support for the nomination that way the county would pay more Department of Justice not doing its of two of the Commissioners, basically money. job? The Securities Exchange Commis- the Senate Governmental Affairs Com- Just after that, 21⁄2 weeks after he sion, an independent organization that mittee said that ‘‘documents obtained sends this letter, there is another has basically helped in producing this indicate that Enron attempted to di- audiotape where Enron traders are dis- indictment, showing that there has rectly and indirectly influence the cussing how much money they are been accounting fraud, aren’t they FERC investigation of the California going to make off of the Snohomish doing their job? The question remains, markets and subsequent decision- County deal and how they are going to Why aren’t energy regulatory officials making.’’ account for it in two different ways, doing their job. They are the ones who So here we have Federal regulators one at $10 million and the other at $20 are supposed to make sure there are that have been basically nominated million, just because that is the way just and reasonable rates and that and pushed by Ken Lay, and not in the they keep the books. there isn’t market manipulation. And, normal, let’s nominate somebody to Here is a CEO who is spending his basically, they have said you are right, head up an independent commission time lobbying Federal regulators on there weren’t just and reasonable rates with such an important role for our how they should not take a hard stance as it relates to manipulated contracts, economy and Government, way. He in California, how they should do noth- but we are keeping those contracts in sent a letter basically with a litmus ing about the crisis, how they should place. test: continue to let the free market work I raise the question this morning, Support these people to be Commissioners its will, and at the same time his own with Ken Lay’s indictment, whether in of the FERC if in fact they support this phi- losophy of continuing to let the market go employees are on the phone talking fact Mr. Lay did not have undue influ- without the proper rules and regulations, about how to manipulate price and ence on the process of actually helping and basically let standard market design, gouge consumers. to get FERC Commissioners on board, something that this body has had a lot of In fact, 2 days after this letter—sent and influencing policy by saying to concern about, let that be the policy of the on January 8—on January 10, traders them, stay the course with the Cali- day. discuss whether they should lie to the fornia crisis and in the impact it is Well, one of our committees, the Wall Street Journal about their activi- having on western markets. Today, I Government Affairs Committee, basi- ties.

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7782 CONGRESSIONAL RECORD — SENATE July 8, 2004 Here are the people who work for this That is his philosophy. This leads to The bill clerk proceeded to call the company. He could have been doing the kind of hands-off approach for roll. oversight of the people within his com- which Ken Lay lobbied. And again, an Mr. REID. Mr. President, I ask unan- pany and the market manipulation, approach that the Governmental Af- imous consent that the order for the particularly since these individuals, fairs Committee said Enron attempted quorum call be dispensed with. executives of his company, had come to put in place through direct and indi- The PRESIDING OFFICER. Without before Congress basically telling every- rect influence on the Federal energy objection, it is so ordered. body that they were doing their job regulators. This is basically the policy f and that market manipulation was not I think got us into so much trouble in occurring. California, without regulators respond- CONCLUSION OF MORNING I have a great deal of concern about ing in due time. It is the same philos- BUSINESS whether this indictment of Ken Lay is ophy that has gotten utilities in about The PRESIDING OFFICER. Morning going to bring justice for the American 10 States in financial risk because business is closed. people and the ratepayers. Again, I ap- Enron continues to sue them. Pat f plaud DOJ for getting the indictment, Wood is clear in his philosophy. He CLASS ACTION FAIRNESS ACT OF but the question is whether people who thinks that the Enron model is the 2004 are still being impacted by this crisis only game in town and it is the way we are going to get relief. should proceed. The PRESIDING OFFICER. Under What does Chairman Pat Wood of the I can tell you, I don’t think it is the the previous order, the Senate will re- Federal Energy Regulatory Commis- only game in town. I don’t think we sume consideration of S. 2062, which sion say about Enron? At the time this are doing enough on this matter. This the clerk will report. happened, Pat Wood continued to be, I body needs to take a firm stand that The assistant legislative clerk read guess, a market-oriented person even market manipulation is wrong. It can’t as follows: though the deregulation experiment in be just and reasonable. It can’t be in A bill (S. 2062) to amend the procedures California had proven to be ill-fated, it the public interest. And it is not what that apply to consideration of interstate was proven people would take advan- we ratepayers across the country class actions to assure fairer outcomes for tage and manipulate the market. The should be forced to pay on. class members and defendants, and for other publication, Inside FERC, wrote that Again, Pat Wood, Chairman of the purposes. Pat Wood believed that ‘‘the Federal Energy Regulatory Commis- Pending: marketmaking style created by Enron sion, has said, ‘‘We’re doing the max- Frist amendment No. 3548, relative to the should be emulated by other companies imum we can do.’’ enactment date of the act. and supported by regulators.’’ We are doing the maximum we can Frist amendment No. 3549 (amendment No. This is after Enron’s bankruptcy. do. He said that in January of this 3548), relative to the enactment date of the Enron had gone bankrupt and we had year. In January of this year, while the act. the chairman, supported by Ken Lay— utility in my State, in Snohomish Frist amendment No. 3550 (to the instruc- we had the Federal regulator, who is tions of the motion to commit), relative to County, was being the policeman on the enactment date of the act. the policeman on the beat supposedly the beat, transcribing audiotapes, look- protecting people—saying Enron Frist amendment No. 3551 (amendment No. ing through documents, doing all the 3550), relative to the enactment date of the should be emulated. homework the Federal energy regu- The PRESIDING OFFICER. The Sen- act. lators should be doing. While Pat Wood The PRESIDING OFFICER. The Sen- ator’s time has expired. was making the same statement saying Ms. CANTWELL. I ask unanimous ator from California is recognized. we are doing all we can do, my con- consent for an additional 5 minutes. Mrs. BOXER. Mr. President, I know The PRESIDING OFFICER. Without stituents in Washington State were that most in the Chamber, and those objection, it is so ordered. proving there was a heck of a lot more who are in their offices, went home to Ms. CANTWELL. I thank the Chair. to do to give ratepayers justice. their home States over the Fourth of What else did Chairman Pat Wood say Again, I applaud what the Depart- July break. It is always a treat for me about Enron and the market manipula- ment of Justice has done in the indict- to do that because, frankly, I think I ment of Ken Lay. They are going to try tion? I get that he thinks a market come from one of the most beautiful to get to the bottom of this story. But needs to be open, but a market without places in the world. For me to go to what my colleagues need to realize, transparency and a market without ag- California and get ‘‘rooted’’ in why I and understand, is we have an imbal- gressive regulators to make sure they want this job, to protect that beautiful ance. We cannot have the Department monitor for manipulation is not a true place, and to protect the people who of Justice doing a great job with its market. live there and to work for them, it is Enron task force and prosecution of Pat Wood, again according to Inside always a joy. various Enron executives on account- FERC, shortly after Enron went bank- Constituents asked me: What are you ing and securities fraud. We can’t have rupt, said, While Enron may be a going to be doing when you come back? the SEC doing a great job on making ‘‘goner,’’ . . . ‘‘the innovation and en- They had asked me about a number of trepreneurial [spirit] that character- sure there are new securities regula- tions in place to make sure these viola- issues they cared about. They are wor- ized this company remain . . . ’’ ried about this economy. They say it is I will hope Mr. Wood’s observations tions don’t happen again, and then uneven. They point out that college have changed by today with the 65- have the Federal energy regulators tuition is going up more than 20 per- page, 11-count indictment of Mr. Lay. who are in charge of protecting rate- There are lots of things going on here, payers fall down on the job. That is ex- cent. They are squeezed. They point and the entrepreneurial spirit that he actly what has happened. They have out that gasoline prices in our State thought existed in 2001 has definitely fallen down on the job, they are not are raging. It is costing them more. been characterized in a different light protecting ratepayers. We are going to They point out that their health care today. It has been shown that market see that after this indictment we are premiums are going up. They are wor- manipulation has happened and was going to continue to pursue this case in ried about even keeping health insur- perpetrated by Enron. the Senate, if we have to, and in the ance. Some of them do not have any. I think where we are is taking a clos- House of Representatives, to make sure Those on Medicare are very worried er look at a deeper philosophy of what that all Federal agencies do their job, about what they view as a false prom- Chairman Wood really believes. It is a and they are giving justice to rate- ise of the administration’s Medicare philosophy, again, where Chairman payers who have been impacted by proposal which was supposed to be so Wood of the Federal Energy Regu- fraudulent contracts. great for them in terms of prescription latory Commission was quoted as say- I yield the floor. drugs. It turns out the thing is so bu- ing: Mr. BINGAMAN. Mr. President, I reaucratic and such a nightmare they . . . the new breed of energy company, in suggest the absence of a quorum. cannot figure it out. fact, is going to be the only game in town 5 The PRESIDING OFFICER (Mr. EN- Not only that, they express shock years from now. SIGN). The clerk will call the roll. when I tell them in that bill we do

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2004 CONGRESSIONAL RECORD — SENATE S7783 something outrageous, saying to Medi- My constituents are completely con- A lot of these cases are very impor- care, you cannot negotiate for lower fused. They have many worries. They tant. We remember Dalkon Shield was prices for the people on Medicare. Con- have many concerns. They are worried one of those class action cases where stituents say: Wait a minute. Why does about the fact they are not respected women were dying. Not until there was that make sense? If you are sitting abroad. They are worried about this re- a class action lawsuit was that fixed. across the table from someone and you covery that they see as very wobbly. That does not mean there aren’t represent 40 million senior citizens, They see better corporate profits—al- abuses. It does not mean that we can- you have a good card in your hand that though those seem not to be going as not have reforms. you can play. You can say, if you want well—and they do not see the increases It does say to me that there is no to have your high blood pressure medi- in their standard of living. crying need to take this up when we cine on our formulary, if you want to If we look at the numbers, the in- are called to room 407 for a secret brief- have your heart medicine on our for- crease in the take-home pay, when you ing about the threats that face this mulary, if you want to have an arthri- include inflation and the high cost of country before the election. It is ex- tis drug on our formulary, you have to living, has only gone up about 1 per- traordinary to me. And I believe the give us a better deal. cent, while all the other issues have American people who are watching No, this administration and the ma- gone up over 20 percent, the issues peo- what we do here are thinking: What is jority in this body decided to tell Medi- ple deal with every day. the Senate doing about my life, about care they could not negotiate for lower Now I come back to Washington and my family, about what I need for my drug prices for our seniors. I am called to a meeting in a secret kids? When I go home, people are flooding room in the Capitol. The press knows I went to a press conference on the me with these questions. They are very all about this. We are called to a secret minimum wage. Do you know the min- worried about Iraq. What is the plan? room in the Capitol. We have to discuss imum wage has not been raised in 8 What is the plan to get more help the threats to our country. This is very years? Every colleague here has had a there? Why are we spending so much serious stuff. Of course, I cannot go pay raise. For 8 years the minimum there? Why aren’t we focusing on our into everything that was said, but I can wage has not been raised. People are problems at home? This is what I heard state what has been reported in the living below the poverty line. Mr. all over my State. press, which is not classified. And that President, 61 percent of those people They ask: Senator, what is on the is, we need to be on the alert at home. happen to be women, many single agenda when you get back? Which one We have known since September 11 moms. All we want is a chance to do of these issues are you going to take that al-Qaida has cells in our country that. We should do that by unanimous up? What about rail security? We are and that they never give up. If they consent today. Why do we need to de- worried about that because we have a fail, they go back again. We know all bate it? Eight years long and no in- lot of Amtrak ridership in California. this. We need to stay ahead of the crease in the minimum wage, zero. What about nuclear plant security? threat. These are people who work hard. When are you doing more about that? I That is why I am so proud to be on These are not mostly teenagers; these have to tell them the truth; that is, I the Commerce Committee. I am so are grownups who are working hard to am not in charge. My party is not in proud to have as part of the portfolio of support their families on the minimum charge of the Senate. The Republican the Commerce Committee, rail secu- wage. The cost of living has gone up 14 leadership has chosen, instead of put- rity, aviation security, and port secu- percent in those 8 years. The minimum ting any of those issues you have men- rity. These are key issues. Since Ma- wage has stayed stagnant. These people tioned on the agenda, they are taking drid, for example, and the horrible are falling, falling, falling, falling—and up class action reform because there is bombing of the train there, we need to we talk about family values here? And too much forum shopping—at which be on our toes. That means we need to we are rushing to do a marriage point they look at me and ask, What?— pass rail security legislation. amendment when the States are taking and we have to protect business from This is the great news I have for my care of that? these consumer complaints. constituents and for all Americans. At My State has decided what it wants They kind of look at me quizzically a time when we are in the middle of an to do. They have a law. It is not per- and say: There are other things that election, where there is a lot of dis- fect. It says there are domestic part- mean a lot more to my family. Then agreement, where we have even seen nerships and they have rights and re- they ask: What are you going to take language that is prohibited to be used sponsibilities. We could make it better. up after you take up class action re- in the Senate being used by the Vice But do you know what. My State has form? We are going to talk about gay President of the United States—in taken care of this, thank you very marriage. And they say: Well, wait a other words, a time where emotions are much. minute. Every day in my life I have all running high politically—guess what It is all about politics, folks, let’s these pressing issues; I thought the happened on rail security. Every single face it. For 5 minutes, why don’t we States handled that issue. Well, I say, member of the committee voted for put aside politics and pass the min- you are right; the States have always that bill—every single member. From imum wage and help the millions of handled that issue. liberal to conservative, to moderate, people who need it to be done? What I find it amazing, given the Repub- everybody voted for that bill. That are we talking about? We are talking licans are in charge of this Senate and means we could easily take up that about an increase, over a couple years, they always believe in States rights bill. That means we could easily pass of $3,800 a year for these people, who and local control, they are now going that bill. will still be below the poverty line. I to bring up the issue of gay marriage, But what do we have before the Sen- bet if you had a vote in this Senate, and not only take it up—it was taken ate? Class action. The people who want the way it is made up, to give more tax up once before; Bob Barr in the House us to pass this bill say there is a lot of breaks to the people making a million wrote the Defense of Marriage Act, and abuse and that we need to make sure bucks a year, it would fly through Bob Barr said that would take care of we take these cases away from the here, it would fly through this place, everything and still says it takes care States and put them more into the even though those in the million-dollar of everything—but, no, they are going Federal courts. Again, I find it unbe- range are already getting back hun- it take the most precious document lievable that we have a Republican ma- dreds of thousands of dollars a year. known to human kind, the Constitu- jority that keeps saying, States rights, Imagine. tion of the United States, and they are States take care of it, States do it, but So every once in a while I come down going to now talk about marriage in when they are not happy with the way to this Senate floor and I say: Why am the Constitution. In fact, marriage has it goes—oops, forget that. As Roseanne I here? What are we doing? Are we been sacred in the various religions, Rosanna-Dana used to say, ‘‘Never meeting the needs of the people? And along with the rules surrounding mar- mind.’’ Take it to the Federal court. this is a perfect time to do it because riage, and the States have handled Everyone knows what will happen there is a bill on the Senate floor that marriage for years. there. not one person in my State, except

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7784 CONGRESSIONAL RECORD — SENATE July 8, 2004 high-paid lobbyists in very fancy suits, House does not get the call. They dial there, but I am from California and want to take up. This is true. The 911, and our local people—be they in have been since I was 25 years old. things we should take up, the things we Nevada, be they in New Mexico, be Mr. REID. We have only known each talk about in that room, that secret they in California—get the call. They other 22 years. room in the Capitol—making our rail are hurting. Mrs. BOXER. I know. When we have systems safe, making our ports safe, The bill I wanted to get us to vote on known each other 23 years, you will get making our buses safe—oh, no, we do today—and I have a couple of others I it right, I know. not have time for that because after we am going to ask since we got objection Mr. REID. So I say to my friend, do this for the big businesses in this to this one. The Rail Transportation there is a transponder on every ship country, oh, we are going to go on to Security Act—this is one that passed coming into the United States, but we gay marriage before the Democratic out of the Commerce Committee, I say do not have the equipment on shore to Convention so some people can cast a to the assistant Democratic leader, have the transponders picked up on vote that might hurt them in their unanimously. It is very important. I shore. Why? Because we have not spent election. Shame on us. We should be will tell my friend what it does. The the money to do it. better than that as Senators. We bill authorizes grants to all of our rail- The distinguished Senator from should be better. So I am going to give roads and to hazardous material ship- South Carolina has fought to have us a chance to be better. pers for freight and passenger rail secu- money placed in these bills so we can UNANIMOUS CONSENT REQUEST—S. 2273 rity. It is a critical bill. have the transponders on shore so we We saw what happened in Madrid. Mr. President, I ask unanimous con- can do what they do with airplanes, You do not have to haul me up to any sent that the Senate proceed to cal- with ships. secret room. The minute we saw that endar No. 536, S. 2273, the Rail Trans- Is the Senator aware we don’t even happen in Madrid, the Commerce Com- portation Security Act, that the bill be do that? mittee, which the Presiding Officer of read a third time and passed, and that Mrs. BOXER. I am quite aware we the Senate is on and participated in the motion to reconsider be laid upon have not done what Senator HOLLINGS this, we for the second time voted in a the table. has long asked us to do. We have not unanimous fashion—100 percent of the The PRESIDING OFFICER. The done the work of homeland security. committee—for this rail security bill. Chair informs the Senator from Cali- There is a lot of talk. There are a lot Unfortunately, there has been objec- fornia that in my capacity as a Senator of meetings. There is a lot of yack- tion to it because the Republicans, who from the State of Nevada, I object at yack about it. But when it comes down control the Senate, are not interested this time. to where we are putting the dollars and in moving this bill. Mrs. BOXER. I understand. where we are putting the emphasis, we Mr. REID. Mr. President, will the UNANIMOUS CONSENT REQUEST—S. 2279 are on some bill here I can honest to Senator yield for a question? So I am going to give them a chance God tell you, not one person except a Mrs. BOXER. I will yield for a ques- to move another bill, and that is the highly paid lobbyist has ever talked to tion. port security bill. Port security is an- me about, class action. I can honestly Mr. REID. Is the Senator from Cali- other bill that passed out of our com- tell you, on the gay marriage, people fornia saying that we should be en- mittee without one dissenting vote. We have a lot of views in my State, but gaged on the Senate floor today on know the problem at our ports. We they believe our State is handling that issues relating to homeland security; have containers coming into them. issue in a good way. So there is no rea- that is, the security of the State of They are not checking them. We do not son to go to this. California, the State of Nevada, and know who is going to be putting some- In Madrid, 200 people died, 1,400 peo- the other 48 States, and that we should thing in one of those containers. We ple were injured in that rail accident. not be wasting our time on class ac- are doing better, but we are not giving And we go up to 407 up here and we tion? Next we are going to go to a gay it the attention it deserves. hear all the talk about what we need to marriage amendment. Would the Sen- Mr. President, I ask unanimous con- do. I am suggesting as a result of my ator acknowledge no matter how sent that the Senate proceed to cal- unanimous consent requests today, strongly people feel about this gay endar No. 530, S. 2279, the Maritime Se- both being objected to, when you have marriage amendment, it has no—zero— curity Act of 2004. this majority party, it is very clear: The PRESIDING OFFICER. The I am from Nevada; I do not gamble per- there is a lot of talk, but there is no Chair again informs the Senator from sonally, but I know a little bit about action. California that in my capacity as a it, having been chairman of the Gam- That is a reason why people are dis- Senator from the State of Nevada, I ob- enchanted. It is the reason why people ing Commission—it has zero chance of ject. passing. None. It won’t pass. And we Mr. REID. Mr. President, will the want change around here. They want are going to spend valuable Senate Senator yield for a question? us to be strong at home. They want us floor time on an amendment that Mrs. BOXER. I will be happy to yield. to be respected in the world. And it is stands absolutely no chance of passing Mr. REID. Ships coming into the time for many changes to occur. I am when we have at the desk the home- United States today have on them looking forward to those changes, to land security appropriations bill, and I transponders. The purpose of that is so the day when we can vote these bills have been told today we are not going those people ashore can find out where out of the Commerce Committee with- to go to that until September. the ship is and have a better idea of out one single objection, and no one on Now, is the Senator saying we should where they are. As we speak, there are the floor here would then object to tak- not be doing class action, we should about 43,000 very large ships on our ing them up. not be doing gay marriage, we should oceans—43,000. For them to come to I yield the floor. be doing things that make my family the United States, one of the require- The PRESIDING OFFICER. The Sen- and your family and the rest of Amer- ments is they have a transponder on ator from New Mexico. ica safe from these evil terrorists? them, like an airplane has, like the sit- Mr. BINGAMAN. Mr. President, I Mrs. BOXER. Mr. President, I thank uation we had a few weeks ago where came to the floor intending to talk my friend. It is obvious he sees it the the plane was coming into National about an amendment I had prepared to way I see it. and the transponder was not working. offer to the class action legislation, the We were called up to a secret meeting I say to my friend from New York, underlying class action legislation. I today to hear about all the threats on even though those ships have tran- think instead of getting into a discus- our Nation. That is not an idle trip up sponders—— sion of that amendment, let me express to that room. If it is to mean anything, Mrs. BOXER. I am from California. I my disappointment that we are not we better get busy. I meet with my was born in New York, but I am from doing anything this week here in the local police and fire. Do you know California. Senate. what? When there is a terrorist attack, Mr. REID. I am sorry? I was asked last week, as I am sure the White House does not get the call; Mrs. BOXER. You said: I say to my all of us were by our constituents, what the Senate does not get the call; the friend from New York. I was born are you doing in the Senate? What is

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2004 CONGRESSIONAL RECORD — SENATE S7785 Congress doing these days? I tried to September and presumably have a few tion of doing a conference. I think the answer honestly and said: Nothing. We weeks of work there before we adjourn. chances of getting a conference done in are treading water in the Senate. We I regret we are not able to do more. I this election year with two conven- are not doing anything. regret our procedural circumstance we tions and with all the problems we I checked with the Parliamentarian find ourselves in prevents me from of- have to address. The appointment of about the procedural status we are in fering the amendment I had intended conferees is further cast into doubt by in the Senate this morning. I am in- to offer. But I will look forward to an virtue of the minority leader’s threat formed this is the status: We have S. opportunity to offer that amendment, earlier in the year to the appointment 2062, which is this bill to reform class if and when we get to a point where of conferees for the rest of the year. So action procedures. There is an amend- amendments are in order on this pend- if you add these poison amendments to ment offered to that by Senator FRIST, ing legislation. this bill, these extraneous amendments a perfecting amendment. There is a I yield the floor. that have nothing to do with the bill, second-degree perfecting amendment The PRESIDING OFFICER. The Sen- you are basically killing the bill. Ev- offered to that. There is a motion to ator from Utah. erybody knows that. The majority commit that has been made by Senator Mr. HATCH. What is the parliamen- leader had no choice other than to do FRIST. There is a Frist perfecting tary situation? what he did. amendment to the motion to commit, The PRESIDING OFFICER. The I certainly did not hear any assur- and there is a Frist second-degree per- pending question is the second-degree ances from the minority leader yester- fecting amendment to the first-degree amendment to the motion to commit. day on whether he would consent to Mr. HATCH. Mr. President, I would perfecting amendment to the motion to the appointment of conferees to this like to take a moment to address a few commit. So the obvious question I put bill. As such, I am led to believe his po- remarks made by my colleagues on the to the Parliamentarian is, what is sition remains unchanged. But even if other side of the aisle during yester- he did consent, I don’t think there there that is in order for us to offer at day’s debate on the class action bill. this time for the Senate to consider? First, they repeatedly accused the would be enough time to do a con- The answer is, nothing. Nothing is in leader of jeopardizing the chances of ference. We have 62 people who said order. The tree is full, as the par- getting this bill passed by filling in the they would support this bill. That liamentary expression goes, and noth- amendment tree. Give me a break. means all 62 should vote for cloture so ing can be offered. That is the phoniest argument I have we can actually pass this bill. But un- There is also a cloture motion that ever heard. The fact is, they are trying fortunately, we have some who agreed has been filed on the underlying meas- to kill this bill, and they are probably they would vote for cloture—that was ure. That would be a motion that will going to be effective in doing so. the whole reason for the agreement come to a vote presumably tomorrow I hate to give up—and I haven’t given last November—and are now changing to bring the debate on the underlying up yet—but that is what is happening. their minds and saying, well, this is bill to a close. Of course, that motion I have been through it so many times something I can’t support because we will come up without Senators having around here that I know when there is want our colleagues to have their right been able to offer amendments. I would a real desire to kill a bill. The way you to put poison pills on this bill. doubt seriously that that cloture mo- do it is with nongermane amendments (Mr. TALENT assumed the Chair.) tion would prevail, but that would be a that are called killer amendments or Mr. HATCH. Well, they cannot have surmise. I don’t know that that is the poison pills, because they are political it both ways. Let me be clear. It is be- case. amendments one side or the other does cause of the potential feeding frenzy All of this procedural mumbo jumbo not want. The leader filled the tree be- that the leader moved to safeguard the I am reciting in order to make the cause he wanted to protect the bill bill from an open season on non- point that there is no effort I am aware from extraneous amendments that germane, nonrelevant, extraneous of to move ahead with a lot of the im- would eliminate any chances of this amendments. He did it to advance the portant items that need to be dealt measure becoming law. Anybody who ball on this legislation so it can be con- with in the Senate. The Senator from argues otherwise is being deceptive. sidered without the same initiatives we California raised a couple of those Everyone here knows the class action saw with other measures that were items that relate to homeland security. bill was an extremely attractive vehi- considered by the Senate this year. He There are many others also we could cle for extraneous amendments, espe- did it with the hope of reaching a time get unanimous consent to move ahead cially those amendments that were agreement on amendments. He was not on and that would be good policy ini- sure to be offered for the sole purpose being unreasonable. He even allowed tiatives that would benefit our coun- of scoring political points during an one nongermane amendment the Demo- try. I am frustrated—as I am sure election year. But what my Democratic crats have tried to get an up or down many Senators are—that we are in this colleagues conveniently overlook is vote on all year, which members on circumstance. I am frustrated this this bill will find itself in the recycle this side feel is a terrible amendment. week is essentially lost to any produc- bin if it is saddled with a host of irrele- But probably it would pass, who knows. tive activity. vant amendments. While this is cer- At least some think it would probably Next week I am informed we will be tainly a win/win situation for those on pass. I think there needs to be a sub- debating a constitutional amendment the other side of the aisle who oppose stitute amendment to it that would on gay marriage. I concur with the this bill, apparently including some of probably pass. comments of the Senator from Nevada the Democratic leadership, I find it a I want to remind my Democratic col- that there is no chance the necessary truly puzzling outcome for those who leagues the majority leader made three two-thirds vote of the Senate is going say they support class action reform. extremely generous offers regarding to be there to pass that constitutional Not only does a loaded bill risk peeling the consideration of germane and non- amendment. The Founding Fathers had away Senate votes from the underlying germane amendments. great wisdom in saying, when you are class action measure, it will, in all cer- First, he asked unanimous consent amending the Constitution, you can’t tainty, undergo changes when it goes that amendments be limited to five re- just do it with a majority vote. You through the House. And what happens lated amendments to be offered by have to have a two-thirds vote. I can then? Do we have a conference to re- each side. So nobody would be fore- say with very little fear of contradic- solve our differences? I think the an- closed from offering the amendments tion, there are not two-thirds of all swer is a resounding no. I don’t think they might think are important. When Senators who favor going ahead and the other side is going to permit this the minority leader objected to the passing a constitutional amendment at because this bill flies in the face of the offer, he expanded the request to in- this time. So again, that will be an- demands of one of their greatest hard clude 10 related amendments on each other wasted week next week. money constituent givers, and that is side. I don’t know how he could have We have one more week then, and the trial lawyers of America. been more fair. When the minority then we are in recess for 6 weeks. Then We all know there is little time left leader rejected this even more gen- we come back in the second week in in this Congress to go through the mo- erous counterproposal, the majority

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7786 CONGRESSIONAL RECORD — SENATE July 8, 2004 leader yet again expanded the agree- over. I think it is about time to set the to oppose class action legislation that con- ment to include an unlimited number record straight. tains jurisdictional provisions that are simi- of related amendments. In other words, Let me start by saying Chief Justice lar to those in the bills introduced in the amendments that are pertinent to the Rehnquist has never written a letter, 106th and 107th Congresses. If Congress deter- mines that certain class actions should be bill, that are at least germane. Again, issued a statement, nor published an brought within the original and removal ju- the minority leader rejected this third opinion that comes out in opposition to risdiction of the federal courts on the basis offer. Of course, let us not forget each this bill. Rather, my colleagues who of minimal diversity of citizenship and an offer included an up-or-down vote on a make this claim rely on outdated let- aggregation of claims, Congress should be nongermane amendment that the ters from the Federal Judicial Con- encouraged to include sufficient limitations Democrats demanded, which is an ference espousing opinions on prior and threshold requirements so that federal courts are not unduly burdened and states’ amendment by Senator KENNEDY on iterations of this bill—prior iterations, jurisdiction over in-state class actions is left the minimum wage. not the same language of this bill. undisturbed, such as by employing provi- We also heard yesterday that filling On two prior occasions, the Judicial sions to raise the jurisdictional threshold the amendment tree was unprece- Conference expressed opposition to ear- and to fashion exceptions to such jurisdic- dented, and we are somehow commit- lier bills, as offered in the 106th and tion that would preserve a role for the state ting a terrible wrong against the insti- 107th Congresses that would have ex- courts in the handling of in-state class ac- tution of the Senate. How soon we for- panded Federal diversity jurisdictions tions. Such exceptions for in-state class ac- get the past. I remind my colleagues over purported class actions. But in tions may appropriately include such factors that the minority leader filled the tree March of last year, a substantial shift as whether substantially all members of the class are citizens of a single state, the rela- in October of 2002 on the homeland se- in position occurred. In a March 26, tionship of the defendants to the forum curity bill, which was even a more im- 2003, letter to the Judiciary Com- state, or whether the claims arise from portant bill than this one, although mittee, the Judicial Conference ex- death, personal injury, or physical property this is an extremely important bill for pressed its position on the bill by stat- damage within the state. Further, the Con- this country. Mind you, he filled the ing: ference should continue to explore additional tree after promising at the beginning That Congress may decide to base a statu- approaches to the consolidation and coordi- of his tenure as then-majority leader tory approach to remedy current problems nation of overlapping or duplicative class ac- he would never fill the tree. But he did with class action litigation by using minimal tions that do not unduly intrude on state courts or burden federal courts. so, anyway. To be sure, we even saw diversity litigation. The Conference position recognizes that the use of minimal diversity The Conference in 1999 opposed the class Senator BYRD do it when he was the may be appropriate to the maintenance of action provisions in legislation then pending majority leader. Unprecedented? Come significant multi-State class action litiga- (s. 353; H.R. 1875, 106th Cong.). That opposi- on, give me a break. Terrible wrong? tion in the Federal courts. tion was based on concerns that the provi- Let us not hide behind Senate proc- sions would add substantially to the work- The Judicial Conference also sug- ess in order to play both sides of the load of the federal courts and are incon- gested employing provisions to raise fence on class action reform. I said it sistent with principles of federalism. The the jurisdictional threshold and fash- yesterday, and I will say it again March 2003 position makes clear that such ioning exceptions that would preserve opposition continues to apply to similar ju- today: S. 2062 represents a bipartisan a role for the State courts in the han- risdictional provisions. agreement we reached in good faith dling of in-State class actions. The Conference recognizes, however, that with key Democrats who say they sup- Congress may decide to base a statutory ap- Senator FEINSTEIN offered an amend- port class action reform. We agreed to proach to remedy current problems with ment during the ensuing markup that a number of their amendments in order class action litigation by using minimal di- was directly responsive to these sug- to get them to agree to vote for clo- versity jurisdiction. The Conference position gestions. Those changes were reflected ture. That was the agreement. And im- recognizes that the use of minimal diversity in the version of the bill reported fa- may be appropriate to the maintenance of plied in that agreement was to vote vorably by the Judiciary Committee in significant multi-state class action litiga- down poison pill amendments that early April 2003. tion in the federal courts. The use of the would kill the bill. Otherwise, they Perhaps more important than what term ‘‘significant multi-state class action weren’t sincere; we know they must was said is what was not said. Nowhere litigation’’ focuses on the possibility of multi-state membership within the plaintiff have been at the time, but they would in the letter does the Judicial Con- not have been sincere in the bipartisan class. The actions to which this term applies ference express opposition to the bill are nationwide class actions, as well as class agreement we reached. We reached a now in consideration. I think this si- compromise because I thought the ulti- actions whose members include claimants lence is deafening and speaks for itself from states within a smaller region or sec- mate goal was to get class action en- on where the Judicial Conference tion of the country. Minimal diversity in acted into law. stands. these cases would facilitate the disposition Let me be clear when I say my agree- I ask unanimous consent that the of litigation that affects the interests of citi- ment to further moderate this bill was March 26 Judicial Conference letter be zens of many states and, through their citi- in no way predicated on letting this zens, affects the many states themselves. printed in the RECORD. legislation become a ‘‘Christmas tree’’ Parallel in-state class actions in which the There being no objection, the mate- plaintiff class is defined as limited to the for unrelated measures. This is never rial was ordered to be printed in the the way we have done business around citizens of the forum state are not included RECORD, as follows: within the term ‘‘significant multi-state here. Our agreement was about getting JUDICIAL CONFERENCE class action litigation.’’ Parallel in-state class action reform enacted, and that is OF THE UNITED STATES, class actions might share common questions the very direction our leader is moving Washington, DC, March 26, 2003. of law and fact with similar in-state actions us toward. I can only hope my col- Hon. ORRIN G. HATCH, in other states, but would not, as suggested leagues on the other side of the aisle Chair, Committee on the Judiciary, U.S. Senate, herein, typically seek relief in one state on who say they support this bill can see Dirksen Senate Office Building, Wash- behalf of citizens living in another state. Ac- that. A deal is a deal. They should not ington, DC. cordingly, parallel in-state class actions break it because politically it might be DEAR CHAIRMAN HATCH: I write to provide would not present, on a broad or national you with the recently adopted views of the scale, the problems of state projection of law in their best interest to do so. That Judicial Conference of the United States, the beyond its borders and would present few of works both ways. We should not break policy-making body for the federal judiciary, the choice of law problems associated with it because politically it might be in our on class action legislation, including S. 274, nationwide class action litigation. In addi- best interest to bring up extraneous, the ‘‘Class Action Fairness Act of 2003,’’ in- tion, to the extent problems arise as a result nongermane amendments and make troduced by you and other co-sponsors. of overlapping and duplicative in-state class them vote on them. On March 18, 2003, the Judicial Conference actions within a particular state, the state Another argument my colleagues on unanimously adopted the following rec- legislative and judicial branches could ad- the other side raised repeatedly yester- ommendation: dress the problem if they were to create or That the Judicial Conference recognize day was the Judicial Conference and utilize an entity similar to the Judicial that the use of minimal diversity of citizen- Panel on Multidistrict Litigation, as some the Chief Justice of the United States ship may be appropriate to the maintenance states have done. are somehow opposed to this bill. I of significant multi-state class action litiga- Further, the position seeks to encourage have heard this point made over and tion in the federal courts, while continuing Congress to include sufficient limitations

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2004 CONGRESSIONAL RECORD — SENATE S7787 and threshold requirements so as not to un- ‘‘Class Action Fairness Act of 2003,’’ with 106th and 107th Congresses. If Congress deter- duly burden the federal courts and to fashion several amendments. The bill, as amended, mines that certain class actions should be exceptions to the minimal diversity regime would determine whether a federal court has brought within the original and removal ju- that would preserve a role for the state jurisdiction over a class action based on the risdiction of the federal courts on the basis courts in the handling of in-state class ac- fraction of the plaintiff class members that of minimal diversity of citizenship and an tions. The position identifies three such fac- are citizens of the same state as the primary aggregation of claims, Congress should be tors that may be appropriately considered in defendant. encouraged to include sufficient limitations crafting exceptions to minimal diversity ju- I value the unique perspective of the Judi- and threshold requirements so that the fed- risdiction for class actions. These factors are cial Conference regarding class action litiga- eral courts are not unduly burdened and intended to identify those class actions in tion. Therefore, I request that the Judicial states’ jurisdiction over in-state class ac- which the forum state has a considerable in- Conference provide Members of the Senate tions is left undisturbed, such as by employ- terest, and would not likely threaten the co- Judiciary Committee with its views on S. ing provisions to raise the jurisdictional ordination of significant multi-state class 274, the ‘‘Class Action Fairness Act,’’ as re- threshold and to fashion exceptions to such action litigation through minimal diversity. ported out of the Committee today, by April jurisdiction that would preserve a role for (The factors do recognize certain situations 25, 2003. the state courts in the handling of in-state where plaintiffs from another state may be If you have any questions about this re- class actions. Such exceptions for in-state included in an otherwise in-state action.) quest, please do not hesitate to contact Ed class actions may appropriately include such The first factor would apply to class ac- Pagano or Susan Davies of my staff. They factors as whether substantially all members tions in which citizens of the forum state can both be reached at 202–224–7703. Thank of the class are citizens of a single state, the make up substantially all of the members of you for your assistance and continued in- relationship of the defendants to the forum the plaintiff class. Such an in-state class ac- sight on class action litigation. state, or whether the claims arise from tion exception could include consumer class Sincerely, death, personal injury, or physical property action claims, such as fraud and breach of PATRICK LEAHY, damage within the state. Further, the Con- warranty claims. The second factor would United States Senator. ference should continue to explore additional apply to a class action in which plaintiff approaches to the consolidation and coordi- class members suffered personal injury or Mr. HATCH. In its April 25 response, nation of overlapping or duplicative class ac- physical property damage within the state, the Judicial Conference noted that the tions that do not unduly intrude on state as in the case of a serious environmental dis- markup changes to S. 274 were respon- courts or burden federal courts. aster. It would apply to all individuals who sive to its previous comments about S. 274, as reported by the Senate Judiciary suffered personal injuries or losses to phys- changing the jurisdictional threshold Committee, generally provides for federal ju- ical property, whether or not they were citi- and preserving the role of the State risdiction of a class action based on minimal zens of the state in question. The third fac- diversity of citizenship if the matter in con- tor recognizes that it may be appropriate to courts in handling State class actions. troversy exceeds the sum of $5 million, ex- consider the relationship of the defendants Indeed, the Judicial Conference ex- clusive of interest and costs. (S. 274 as intro- to the forum state. Such consideration is not pressed no opposition to the revised duced established a $2 million minimum intended to embrace the term ‘‘primary de- version of S. 274 reported favorably by amount in controversy.) The bill also now fendants’’ (or a similar term), which lan- the Judiciary Committee. permits a federal district court, in the inter- guage has been used in past and present class The Judicial Conference explicitly ests of justice, to decline to exercise jurisdic- action bills as part of an exception to mini- tion over a class action in which greater declined Senator LEAHY’s invitation to mal diversity. Such a reading could extend than one-third but less than two-thirds of minimal diversity jurisdiction to cases in propose alternative language. The Ju- the members of all proposed plaintiff classes which a single important defendant lacked dicial Conference’s resolution delib- in the aggregate and the primary defendants in-state citizenship. While the relationship erately avoided specific legislative lan- are citizens of the state in which the action of the defendant to the forum may have guage out of deference to Congress’ was originally filed. The court would be re- some bearing on state adjudicatory power, judgment and the political process. The quired to consider five specified factors when an insistence that all primary defendants letter further noted that: exercising this discretion. (This discre- maintain formal in-state citizenship is too [T]hese issues implicate fundamental in- tionary provision was not included in the bill limiting and may preclude in-state class ac- terests and relationships that are political in as introduced.) tions where a defendant has sufficient con- In addition, S. 274 as reported provides nature and are peculiarly within Congress’ tacts with the forum state, regardless of citi- that the federal district courts shall not province. zenship. have original jurisdiction over any class ac- We would appreciate your consideration of I ask unanimous consent that the tion in which: (A) two-thirds or more of the these comments and the position of the Judi- letter of April 25, the Judicial Con- members of all proposed plaintiff classes in cial Conference. Should you or your staff ference response, be printed in the the aggregate and the primary defendants have any questions, please contact Michael RECORD. are citizens of the state in which the action W. Blommer, Assistant Director, Office of was originally filed; (B) the primary defend- Legislative Affairs, Administrative Office of There being no objection, the mate- rial was ordered to be printed in the ants are states, state officials, or other gov- the U.S. Courts, at (202) 502–1700. ernmental entities against whom the district Sincerely, RECORD, as follows: court may be foreclosed from ordering relief; LEONIDAS RALPH MECHAM, JUDICIAL CONFERENCE or (C) the number of members of all proposed Secretary. OF THE UNITED STATES, plaintiff classes in the aggregate is less than Mr. HATCH. To be sure, on the very Washington, DC, April 25, 2003. one hundred. As introduced, the second and day the bill was reported from com- Hon. PATRICK J. LEAHY, third exceptions were the same, but the first mittee, the ranking member sent let- Ranking Member, Committee on the Judiciary, one originally precluded federal jurisdiction ters to the Judicial Conference request- U.S. Senate, Dirksen Senate Office Build- where ‘‘the substantial majority of the mem- ing, Washington, DC. ing comments on the revised version of bers of the proposed plaintiff class and the DEAR SENATOR LEAHY: Thank you for your primary defendants are citizens of the State S. 274 as reported out of committee and letters of April 9, 2003, and April 11, 2003. In in which the action was originally filed’’ and further urging that the Judicial Con- those letters, you requested that the Judi- ‘‘the claims asserted therein will be gov- ference propose alternative legislative cial Conference provide the Senate Judiciary erned primarily by the laws of’’ that state. language reflecting its views on how Committee with legislative language imple- The replacement language in essence sub- the jurisdictional provisions should be menting the Judicial Conference’s March stitutes a numerical ratio for ‘‘substantial structured. 2003 recommendations on class-action litiga- majority’’ and eliminates the choice-of-law I ask unanimous consent that the tion and the views of the Conference on S. requirement. letter of April 11, 2003, from Senator 274, the ‘‘Class Action Fairness Act of 2003,’’ We are grateful that Congress is working as reported by the Senate Judiciary Com- to resolve the serious problems generated by LEAHY be printed in the RECORD. mittee on April 11, 2003. overlapping and competing class actions. There being no objection, the mate- As you know, at its March 18, 2003, session, The Judicial Conference ‘‘recognizes that the rial was ordered to be printed in the the Judicial Conference adopted the fol- use of minimal diversity of citizenship may RECORD, as follows: lowing resolution: be appropriate to the maintenance of signifi- U.S. SENATE, That the Judicial Conference recognize cant multi-state class action litigation in COMMITTEE ON THE JUDICIARY, that the use of minimal diversity of citizen- the federal courts.’’ At the same time, the Washington, DC, April 11, 2003. ship may be appropriate to the maintenance Judicial Conference does not support the re- LEONIDAS RALPH MECHAM, of significant multi-state class action litiga- moval of all state law class actions into fed- Secretary, Judicial Conference of the United tion in the federal courts, while continuing eral court. Appropriate legislation should States, Washington, DC. to oppose class action legislation that con- ‘‘include sufficient limitations and threshold DEAR MR. MECHAM: Today, the Senate Ju- tains jurisdictional provisions that are simi- requirements so that federal courts are not diciary Committee approved S. 274; the lar to those in the bills introduced in the unduly burdened and states’ jurisdiction

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7788 CONGRESSIONAL RECORD — SENATE July 8, 2004 over in-state class actions is left undis- mane, and they might even be able to Despite all the rhetoric we have turbed.’’ Finding the right balance between bring up nongermane amendments if heard from the other side about how these objectives and articulating that bal- they could get a supermajority vote on they support class action reform, about ance in legislative language implicate impor- them. So nothing would stop them how terrible this system has become tant policy choices. Any minimal-diversity bill will result in from at least an attempt to bring up and about how we have a modest bill certain cases being litigated in federal court nongermane amendments. that fixes the problem, we will know that would not previously have been subject I would like to also reply to com- their true colors when we vote on clo- to federal jurisdiction. The effects of this ments made yesterday in defense—can ture either tonight or tomorrow. transfer should be assessed in determining anyone believe it?—of Madison County, It makes absolutely no difference the appropriateness of various limitations on IL. I heard suggestions that the Madi- whether Senators vote no because they the availability of minimal diversity juris- son County court is not as renegade as oppose the bill or because they want to diction. we have portrayed it. After all, the preserve the sanctity of the Senate Mr. HATCH. The Judicial Conference number of certifications has not esca- process. A vote against cloture is a concluded its letter by stating: lated at the same rate as the number of vote against class action reform. It We are grateful that Congress is working cases brought. does not get any simpler than that. to resolve the serious problems generated by Now, this fact may have some appeal By the way, how can they make that overlapping and competing class actions. on its surface but when one looks at argument when they have a right to Finally, another piece of evidence why the certifications are so low, I bring up any amendment they want to that counters the Judicial Conference’s think they will find themselves right after cloture is invoked? True, non- purported opposition to the class ac- back to the inescapable conclusion germane amendments will have to have tion bill is Chief Justice Rehnquist’s that this court is a downright embar- a supermajority vote to pass, but all 2003 year-end report on the Federal ju- rassment to our civil justice system. germane amendments only have to diciary. While this report criticizes Any attempt to defend Madison Coun- have a majority vote to pass. How can various legislative measures considered ty’s record on class certification must they make these types of clownish ar- by the Congress, absolutely no mention account for the number of class actions guments? To make a long story short, it is ap- is made of class action reform efforts. that were not certified because the de- parent that sometimes money does I suppose this begs the question then, fendants, knowing that the judicial count around here, and the only reason if the Judicial Conference and Chief deck was stacked against them, simply this thing is fought so hard is because Justice Rehnquist stand opposed to conceded defeat and settled rather than the major funding institution in this this bill, why is there no reference to go through the motion of defending country happens to be the trial lawyers such a measure in their year-end re- their lawsuit in this court. port? As I said yesterday, the plaintiffs’ for those on the other side of the aisle. Now, what galls me is that last No- Again, I think the silence speaks for lawyers who descend on this small vember, when we had 59 votes for clo- itself. I ask my colleagues to refer to rural courthouse in southwestern Illi- ture, 1 less than was necessary to end the 2003 Year-End Report on the Fed- nois know class certification is a sure the debate, we then made all kinds of eral Judiciary which can be found eas- thing and that all they need to do is concessions to three more Democrats— ily enough on the Supreme Court’s come up with a complaint in order to and I think the business community website. extort a settlement from the unfortu- knows who they are—that are now in Mr. HATCH. With all of this said, is nate defendants. These settlements this bill to get their agreement that it credible to suggest that the Judicial come well before the class certification they would vote for cloture when the Conference, much less the Chief Jus- phase of the lawsuit and is exactly why time came. There was no misunder- tice of the United States, stands some- this court is so attractive to greedy, standing. Everybody knew there would how opposed to the class action bill? I dishonest lawyers—greedy, flagrantly be an attempt to load this bill up with think not. dishonest lawyers—looking to make a poison pill amendments or killer I will refer to this ‘‘myth’’ chart. The quick buck, money hungry lawyers amendments, if one wants to call them myth is that the Federal Judicial Con- looking to buy their next Gulfstream that. It meant that we at least go to ference opposes the Class Action Fair- at the expense of everyday Americans cloture and get 62 votes for cloture, ness Act. such as Hilda Bankston, dishonorable and I believe it meant more than that. These are the facts: The Conference’s lawyers looking to pay off their next I think when we make a deal, those opposition was directed at class action multimillion-dollar mansion in Palm who enter into that deal agree to sup- bills in previous Congresses. In March Beach, FL, at the expense of shattering port the bill, against all amendments, 2003, the Conference strongly criticized public confidence in our civil justice unless we can agree otherwise. Unfor- the current class action system and system, and unscrupulous lawyers tunately, that is not the interpretation suggested several areas to modify the seeking to fund the next campaign of a of some who agreed to the deal last No- Class Action Fairness Act. State court judge who can tilt the vember. But there could be no mis- After the Class Action Fairness Act playing field for them in yet another understanding. Their agreement last was modified during markup, the Con- magnet jurisdiction. November was to vote for cloture. The ference declined an invitation to criti- There is something clearly rotten in whole issue was we lacked one vote in cize or revise the version favorably re- middle America, and when it comes to putting this bill before the Senate as a ported by the Judiciary Committee and Madison County, there is only one way whole and letting it have its day in thanked the Senate for its efforts to to describe it: If you go there, they will court, so to speak, in a court that is clean up the State court class action pay. If someone is brought in as a de- much more fair, much more balanced, mess. fendant there, even though they do and much more considerate than the That certainly rebuts everything minimal business in that State, they courts in Madison County, IL. that was said on the floor yesterday are going to pay. There is no excuse for the arguments and today by those who are looking for Finally, I would like to respond to that have been made by the other side. any excuse they can to scuttle this bill. the wild accusations from the other If this bill goes down because we can- Unfortunately, some of them are peo- side of the aisle that the Republicans not get 60 votes for cloture, then shame ple who have agreed to support the bill. are trying to kill this bill because the on those who entered into the agree- That seems apparent to me. I hope it is measure does not go far enough to ment with us. It was not an easy agree- apparent to all of those in the various achieve class action reform. Give me a ment for some of us because we had to States who have relied on these agree- break. I do not think this accusation make changes that literally some of us ments, and at least this agreement merits a real response, other than to would not have made otherwise. So made last November, that we would at observe that my colleagues on the anybody who says this side does not least vote for cloture. That was the other side of the aisle will resort to want this bill to go forward is being whole issue. Then, of course, they just about anything in order to justify less than candid, and I will put it in could still have any amendment they their vote against this bill, in order to those terms, although I think probably wanted to bring up that would be ger- justify this filibuster against this bill. more stark terms would be acceptable.

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2004 CONGRESSIONAL RECORD — SENATE S7789 This is an important bill. This bill gotten around their States and heard ity of the Senate who wants to do that. will correct some of the major wrongs about the destructive impact of abu- Yet year after year, we do not do that. in our society from a litigation stand- sive lawsuits on jobs and economic Why? point. This bill is fair. It is not going growth has to support doing some- It was his speech and my thinking to stop truly in-State lawsuits from thing. I was not planning to speak on about it that led me to decide to come being tried, even in Madison County, it, but the other night I was presiding down here and make a statement be- but this bill does correct some tremen- when this debate began, and I was for- cause I think I know the reason why. It dously rotten situations in our coun- tunate to hear Senator CARPER from is because of the filibuster, or more try. It also would be supported by de- Delaware give one of his initial re- precisely it is because of the way the cent, honest lawyers throughout the marks. I don’t think he realized I was Senate allows the filibuster to be con- country, at least lawyers who do not listening as I was presiding because I ducted. always think of the almighty dollar as was doing a little paperwork, but I did This principle of filibusters is actu- the only reason they are practicing listen. ally a pretty good thing. I think if a law. I heard him give examples of abuses determined minority in any legislative This is a very important bill. There of class actions that have occurred body believes something is really bad, are a lot of great trial lawyers out around the country, items such as a it makes sense to give them some rem- there who I believe are embarrassed by class action lawsuit in Illinois against edy to stop that legislation from pass- some of the arguments that have been a bottled water giant named Poland ing. In fact, I submit to you that the made by my Democratic colleagues. Spring which claimed that the com- filibuster has been consistently abused There are a lot of great trial lawyers pany’s water wasn’t pure and wasn’t in the Senate. Why has that happened? who do not need phony courts, or dis- from a spring. Under the settlement Because the discipline on the filibuster honest courts, or courts that go way the consumers received coupons for dis- is public accountability. The public beyond reasonability, or courts that counts on the water. The company doesn’t like obstructionism for its own favor them, or magnet courts to win didn’t agree they had done anything sake. If they see that happening, they their cases. Great lawyers are going to wrong, didn’t agree to change the will not like it; and if the American be able to win their cases whether they water, and all the plaintiffs got were people do not like something hap- are in State court or Federal court. In coupons to buy more of the water they pening here and focus on it, it tends to fact, I suggest they probably have an were complaining about. But their at- stop. I have been around here long easier chance in Federal court because torneys got $1.35 million. enough to see that. people automatically think those In a Texas class action settlement But because of the way the filibuster courts are more august and the cases with Blockbuster over late fees on is conducted in this body, it is almost more serious. movie rentals, class members received invisible. Therefore, the people do not But here we have a case where true coupons for more movie rentals. The know it is happening, and therefore advantage is being taken of the class attorneys received $9.25 million. I don’t there is no accountability. That is why action system by a limited number of know how my family missed out on we have the abuses of it. Why is it in- lawyers in our society who are getting those coupons—I guess because we visible? In the Senate, in the first fabulously wealthy and rich because of didn’t live in Texas. place, as you know, the passage of a forum shopping to courts like the I could go on, but Senator CARPER bill requires many different steps: the Madison County court that are going made the point that there was obvi- introduction of the bill, assignment to to find for the plaintiffs no matter ously a need to remedy these abuses a committee, first and second readings, what the law or the facts say. That is and a need to do that without under- and all of that. wrong. When plaintiffs are right, they mining the efficacy of the class action In most legislative bodies, those ought to recover, but when they are lawsuit in principle. In other words, we steps are pro forma. In the Senate, not right, they should not recover. The need to be able to have class action many of those steps are debatable. And courts ought to be the bulwark of lawsuits because sometimes a whole lot anything that can be debated can be standing for what is right and not what of people will be done a small wrong. filibustered. is wrong. In the political system that Each of them will experience some The classic idea of a filibuster, as in exists in Madison County, IL, it is a wrong that is so small it is not worth- ‘‘Mr. Smith Goes to Washington,’’ with system that, if it is not corrupt, it is while for any one individual to sue, so final passage of some bill, people the closest thing to it. if they can get together in a class we speaking all night to prevent it from Mr. President, I suggest the absence can remedy that wrong and the attor- being voted on doesn’t have to happen of a quorum. neys can get reasonable attorney’s in the Senate. You can filibuster a bill The PRESIDING OFFICER. The fees. on any number of points. You can fili- clerk will call the roll. But when there is, in fact, no remedy buster it after it has passed to keep it The assistant legislative clerk pro- for the plaintiffs, when there may have from going to conference. The public ceeded to call the roll. been no wrong, and when there are doesn’t know what is happening. Mr. TALENT. Mr. President, I ask these outside attorneys’ fees, it is obvi- The second and bigger reason is that unanimous consent the order for the ously something unjust because it is in the Senate, as all of us here know— quorum call be rescinded. unjust to make people pay when they and I think the public may be begin- The PRESIDING OFFICER (Mr. have not done anything wrong and it is ning to realize—you don’t have to talk HATCH). Without objection, it is so or- not very good for the rest of us. to filibuster. dered. We all know how it works. Those I have served now in my third legisla- Mr. TALENT. Mr. President, I thank awards are paid and then it is passed tive body. It is a tremendous honor to my friend from Utah for being willing along in the form of higher prices or serve here. The pinnacle of the legisla- to assume the chair for a few minutes fewer jobs. Senator CARPER’s point was tive career is to serve in the Senate. In so I could make a brief statement it should not be all or nothing at all. most legislative bodies, when people about the bill pending before us. I want We should not have to have a system are finished talking about the propo- to say, as I listened when I was in the where either we have no class action sition that is pending, you vote on the chair, I appreciated his eloquence on remedies or we allow these abuses to proposition. behalf of the bill. continue year after year. There is no Many times I have sat in the Chair The Senate will realize pretty soon reason in principle why we should not where the distinguished Senator from that I have a bit of a cold. If I pause to be able to fix the abuses while keeping Utah is now sitting. When the last take a sip of water now and then, it is the remedy. speaker has finished some eloquent set not for the dramatic effect but so I can He is right. There is no reason in of remarks, I have asked, Who seeks finish the statement. principle we should not be able to do recognition? And nobody seeks recogni- I had originally not intended to say that. There are people of good will on tion. It doesn’t mean we vote. It means anything about the legislation, al- both sides of the aisle who want to do we go to a quorum call, as we did a lit- though I support it. Anybody who has that. There is obviously a solid major- tle while ago. You don’t have to speak

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7790 CONGRESSIONAL RECORD — SENATE July 8, 2004 to filibuster. You don’t have to debate. are pretty militant anyway, to be even term solvency issue involving Social You just have to decline to agree that more extreme. Then we are gumming Security and Medicare—I am on the debate will end. Unless everybody here up the few bills that do pass because Aging Committee. I will go into that either agrees to a unanimous consent now, if you are sitting here and you more in a moment. The Senator from agreement, or vote by a 60-vote major- have some constructive measure you Idaho, Mr. CRAIG, has spoken elo- ity to end debate on a cloture motion, are trying to pass, and you know the quently on those issues. which itself is a rather clumsy way to only legislation that is going to get The rising cost of health care is a end debate, the debate goes on and on. through this body this year is the de- problem, shortage of oil and natural To allow a filibuster in that way, and fense authorization, let us say, or the gas, need for alternative energy make it so invisible, tends to empower tax relief bill for manufacturers that sources to protect our energy independ- the extremes in a legislative body in we have to pass—because if we don’t ence and security, the failing elec- any given proposition. pass it we are going to get increasing tricity transmission grid in all parts of In most legislative bodies the power trade sanctions all over the world—if the country, the need to renew the dis- in any given proposition, once it these are the two or three bills you tressed and urban neighborhoods, a reaches the floor of that body, belongs know you are going to pass, what do burgeoning immigration system, a in the middle. It makes sense, doesn’t you do? You take your constructive crumbling transportation infrastruc- it? Because to pass it you have to have measure which you have wanted to ture system, shortages of water in the middle with you, typically. But pass for months but can’t because parts of the country, contamination of here the filibuster empowers those nothing else is going through the Sen- water resources, management of feder- folks who like confrontation most. I ate, and you say: Well, that train is ally owned natural resources, and a am not running them down. Every leg- leaving the station and maybe none of policy we are going to take regarding islative body has to have people whose the others are, so I am going to put my defense both in the war on terror and instinct is to say: I am not going to bill on that. also the potential rising power of com- give in. I am going to stand up for this. You use the opportunity to offer non- petitors, such as England and China. I believe in this, or I think it is wrong, germane amendments, which person- This is the top 10 list. I am not even or I think it is right, and I am not ally I like and support. So you offer all counting the more divisive issues or going to give in much. It is important kinds of amendments that are com- the cultural issues on which it would to have those folks in a legislative pletely unrelated to the bill before you be nice if we could work them out and body. But you can’t have them running just because you know it is the only be able to act. Some of these problems the whole show all the time. It empow- opportunity you are going to have to may go away on their own. I am a be- ers those people. It tends to educate pass anything. liever in that. America is a great country. Maybe if people to the temper of partisanship. Then the public wonders how we get we do not do anything, some of them It is so tempting when you are in the immigration bills on class action re- are going to go away. But they are not minority to stop everything through form bills, or how I did this: I put a bill all going to go away. Some of them are the invisible filibuster and then blame that I believe in very strongly to help going to get worse. We cannot solve the majority for not being able to pass fight sickle cell disease on a tax relief any of them without some element of something. That happens in this whole bill for manufacturing, and I would do participation by the Federal Govern- Congress. I don’t blame my friends on it again. But that is because of the way ment. Maybe it is just reform of regu- the other side of the aisle. we are running this place. It is so tempting it would require al- What is the effect? It affects every- lations to allow people in the country most a heroic effort, particularly given thing that gets filibustered. We have to solve the problem. We are going to have to have Federal how divided the country is on a par- seen filibusterss so far in this Senate participation. That will require, at tisan and philosophical standpoint, for and in this Congress on the Energy bill, some point, a Senate that works better them not to have done that. medical malpractice reform, the wel- than the Senate is working now. We The way the Senate does it makes in- fare bill, a number of judges, the asbes- have reached the point where the pa- terest groups more militant. This bill tosis bill, the class action bill, and a is a classic example of that. Everybody ralysis in this body is threatening the number of other bills which are slow- welfare of the people. Some may say— who looks at this issue knows that we walked through—the highway bill, the have problems with litigation, at least and I heard it said with response to the JOBS bill, the faith-based bill. And motion for cloture—respect for the tra- in certain areas. We have problems in that doesn’t even count all the bills State class action abuses. We have ditions of the Senate means we cannot that aren’t even brought up because do anything about this. Everyone who problems with the whole asbestosis the leadership knows they are going to system which is driving dozens of big has been here a while, and I have not be filibustered. been here a while, tells me that never companies into bankruptcy and reduc- Nobody is ever held accountable. The before has the filibuster been taken to ing the number of deep pockets that public wonders why the Senate doesn’t this degree. are available to pay for people who work. If we were to apply a corrective, we really are sick and have asbestosis. We I am going to say something. I get would be restoring rather than over- clearly need reform in these areas. around this town and I get around Mis- turning the traditions of this great What would happen if the process was souri. I am afraid that we are being body. And it is a great body. It is a healthier is that our friends in the per- held in increasingly low regard. I am privilege to be here. I don’t know that sonal injury bar would know that afraid the Senate is being reduced to I have ever worked with as motivated something was going to happen and its constitutional minimum of author- and passionate and intelligent a group would sit down and negotiate, and we ity and effectiveness in this town. We of people. I call on Members on both would come up with a moderate bill, I are like a big roadblock. Ideas don’t sides of the aisle to consider carefully think, probably pretty similar to what come out of here and go places. It is whether it is not time to change our we have before us today. We would pass like the commercial about the roach practices in a way that permits us to it more or less by consensus. But what motel. They check in but they don’t work together, that encourages those do you do when you have this fili- check out. That is what happens here. who seek compromise solutions to the buster? You can just say no. You can The legislative ideas check in and they problems facing the country. Not to do say it doesn’t matter how bad it gets, never check out. so would be a historic abdication of the we are going to pressure and lean on I know some people say that is a responsibilities of this Senate. those in the Senate who are generally good thing. We don’t want anything to I yield the floor. with us philosophically, and we will pass. The PRESIDING OFFICER (Mr. TAL- stop everything from happening. We I just sat down this morning pre- ENT). The Senator from Utah. are empowering the tactically more ex- paring these remarks and I made a list Mr. HATCH. I suggest the absence of treme in this body. We are educating of the things which I think we are a quorum. people to the temper of partisanship. going to have to address. This is a top The PRESIDING OFFICER. The We are driving interest groups, which 10 list: Keep America strong; a long- clerk will call the roll.

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2004 CONGRESSIONAL RECORD — SENATE S7791 The assistant legislative clerk pro- country with their own laws and the action was filed, there is at least ceeded to call the roll. courts. State courts are an integral one defendant who is a citizen of that Mr. FEINGOLD. Mr. President, I ask part of our system of justice. They State from whom significant relief is unanimous consent that the order for have worked well for our entire his- sought and whose alleged conduct the quorum call be rescinded. tory. It is hard to imagine why this forms a significant basis for the claims The PRESIDING OFFICER. Without Senate, which includes many professed asserted by the proposed class. In addi- objection, it is so ordered. defenders of federalism and the prerog- tion, the principal injuries resulting Mr. FEINGOLD. Mr. President, I will atives of State courts and State law- from the alleged conduct of each de- speak in a moment about this class ac- makers, would support such a whole- fendant must have occurred in the tion bill and why I oppose it. I want to sale stripping of jurisdiction from the State in which the action was origi- start by noting my strong disagree- States over class actions. By removing nally filed. Finally, the new bill pro- ment with the procedural tactics used these actions to State court, Congress vides that district court can only de- by the majority to block amendments would shift adjudication away from cline jurisdiction if during the 3-year to the bill. I have some familiarity State lawmakers and State judges to- period preceding the filing of the ac- with the strategy of filling the amend- wards Federal judges, who are often tion, no other similar class action has ment tree. This was done time after unfamiliar with the nuances of State been filed against any of the defend- time, year after year, when campaign law. In my opinion, the need for such a ants even if the case is filed on behalf finance reform legislation was brought radical step has not been dem- of other plaintiffs. These criteria are an improvement to the Senate floor. This is the proce- onstrated. dure that is used to block the Senate Class actions are an extremely im- on the underlying bill. But the jurisdic- from working its will on a bill. portant tool in our justice system. tional requirements for class actions to The Senate has a long tradition of an They allow plaintiffs with very small remain in State courts are still too open process for amendments. Any claims to band together to seek re- burdensome. Under the new language, for example, a class action brought by Senator has the right under our rules dress. Lawsuits are expensive. Without Wisconsin citizens against a Delaware- to offer any amendment to any bill. the opportunity to pursue a class ac- based company for selling a bad insur- That is how the Senate works. It is tion, an individual plaintiff often sim- ance policy would probably be removed amazing to me that the majority lead- ply cannot afford his or her day in to Federal court even if Wisconsin- er would engage in this tactic when he court. But through a class action, jus- based agents were involved in selling has not only majority support for the tice can be done and compensation for the policies. And the filing of a class bill, but a supermajority in support. real injuries can be obtained. action in one State court may lead to Democratic supporters of the bill Yes, there are abuses in some class the successful removal of a similar thankfully are not prepared to block actions suits. Some of the most dis- case filed in another State on behalf of their colleagues from offering amend- turbing have to do with class action plaintiffs in that State. The bottom ments. So I guess it appears that this settlements that offer only discount line is that this bill will continue to bill is going to be sacrificed in order to coupons to the members of the class send the majority of class actions to prevent amendments from being of- and a big payoff to the plaintiffs’ law- Federal court. The proponents of this fered. I commend my Democratic col- yers. I am pleased that the issue of dis- bill have chosen a remedy that goes far leagues who support this bill for not count coupons is addressed in the bill, being intimidated by the arguments beyond the alleged problem. because the bill we considered in Octo- Furthermore, under S. 2062, many made on the Senate floor that they ber 2003 did nothing about that prob- cases that are not class actions at all somehow are breaking their agreement lem. The bill now requires that contin- are included in the definition of ‘‘mass by standing up for the rights of their gency fees in coupon settlements will action,’’ a new term coined by this bill. colleagues to offer amendments. From be based on coupons redeemed, not cou- S. 2062 simply requires that the plain- the very start, it was clear that these pons issued. Attorney’s fees will also be tiff must be seeking damages of more Senators had agreed to support the mo- determined by reasonable time spent than $75,000 for the case to be consid- tion to proceed in order to get the bill on a case and will be subject to court ered a mass action and removable to to the floor of the Senate and to vote approval. The bill also allows a court Federal court. This provision unfairly for cloture, if that motion was again to require that a portion of unclaimed limits State court authority to manage filibustered. They never agreed to vote coupons be given to one or more chari- its docket and to consolidate claims in against all amendments or to block all table organization agreed to by the order to more efficiently dispense jus- amendments. parties. These are all good changes, but tice. Turning to the bill itself, I oppose they do not change my view that the A particularly troubling result of the Class Action Fairness Act, S. 2062, bill, as a whole, unfairly interferes this bill will be an increase in the and I will vote against the bill. with the States’ administration of jus- workload of the Federal courts. These The main reason for my opposition is tice. courts are already overloaded. The that notwithstanding its title, I do not There are three possible outcomes of Congress has led the way in bringing think this bill is fair. I do not think it this bill being enacted. Either the more and more litigation to the Fed- is fair to citizens who are injured by State courts will be deluged with indi- eral courts, particularly criminal corporate wrongdoers and are entitled vidual claims, since class actions can cases. Criminal cases, of course, take to prompt and fair resolution of their no longer be maintained there, or there precedence in the Federal courts be- claims in a court of law. I do not think will be a huge increase in the workload cause of the Speedy Trial Act. So the it is fair to our State courts, which are of the Federal courts, resulting in net result of removing virtually all treated by this bill as if they cannot be delays and lengthy litigation over pro- class actions to Federal court will be trusted to issue fair judgments in cases cedural issues rather than the sub- to delay those cases. brought before them. I do not think it stance of the claims, or many injured There is an old saying with which I’m is fair to State legislatures, which are people will never get redress for their sure we are all familiar: ‘‘justice de- entitled to have the laws that they injuries. layed is justice denied.’’ I hope my col- pass to protect their citizens inter- I don’t believe any of these three leagues will think about that aphorism preted and applied by their own courts. choices is acceptable. before voting for this bill. Think about This bill is not only misnamed, it is I appreciate that the supporters of S. the real world of Federal court litiga- bad policy. It should be defeated. 2062 modified the new diversity juris- tion and the very real possibilities that Make no mistake, by loosening the diction rules for class actions in an ef- long procedural delays in overloaded requirements for Federal diversity ju- fort to allow plaintiffs in class actions Federal courts will mean that legiti- risdiction over class actions, S. 2062 more opportunities to remain in State mate claims may never be heard. will result in nearly all class actions court. Under the new bill, a district One little-noticed aspect of this bill being removed to Federal court. This is court must decline jurisdiction if two- illustrates the possibilities for delay a radical change in our Federal system thirds of the plaintiffs and the primary that this bill provides, even to defend- of justice. We have 50 States in this defendants are from the state where ants who are not entitled to have a

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7792 CONGRESSIONAL RECORD — SENATE July 8, 2004 case removed to Federal court under their own State laws in cases of any The legislative clerk proceeded to the bill’s relaxed diversity jurisdiction size or significance? One argument we call the roll. standards. Under current law, if a Fed- hear is that the trial lawyers are ex- Mrs. CLINTON. Madam President, I eral court decides that a removed case tracting huge and unjustified settle- ask unanimous consent the order for should be remanded to State court, ments in State courts, which has be- the quorum call be rescinded. that decision is not appealable. The come a drag on the economy. We also The PRESIDING OFFICER. Without only exception is for civil rights cases hear that plaintiffs’ lawyers are taking objection, it is so ordered. removed under the special authority of the lion’s share of judgments or settle- THREATS TO OUR NATION 28 U.S.C. § 1443. The original version of ments to the detriment of consumers. Mrs. CLINTON. Madam President, this bill allowed defendants to imme- But a recent empirical study con- this is a very difficult time for our Na- diately appeal a decision by a Federal tradicts these arguments. Theodore tion. A few hours ago, the Secretary of district court that a case does not Eisenberg of Cornell Law School and the Department of Homeland Security qualify for removal. Geoffrey Miller of NYU Law School re- appeared at a press conference to dis- Fortunately, the revised bill now re- cently published the first empirical cuss in some detail what he could say quires such appeals to be decided study of class action settlements. publicly about the continuing threats promptly. It does not, however, do any- Their conclusions, which are based on our Nation confronts because of the di- thing about the fact that the lower data from 1993–2002, may surprise some abolical plots of the terrorists to un- court may take months or even years of the supporters of this bill. dermine our way of life, to destroy to make a decision on the motion to re- First, the study found that attor- American life, to disrupt American mand. That means that a plaintiff class neys’ fees in class action settlements life. Earlier today there was a closed that is entitled, even under this bill, to are significantly below the standard 33 door hearing for the Senate that went have a case heard by a State court may percent contingency fee charged in per- into even greater detail. still have to endure years of delay sonal injury cases. The average class A few weeks ago I personally was while its remand motion is pending in action attorney’s fee is actually 21.9 briefed by representatives of the De- the Federal district court. Where is the percent. In addition, the attorneys’ partment of Homeland Security, the fees awarded in class action settle- ‘‘fairness’’ in that? I plan to offer an FBI, the CIA, others within our Gov- ments in Federal court are actually amendment, if I even get the chance to ernment who follow the terrorist higher than in State court settlements. address that problem and I hope the threats on a daily, even hourly basis. I Attorney fees as a percent of class re- bill’s sponsors and supporters will give believe it is fair to say there has been, covery were found to be between 1 and it serious consideration. ever since September 11 and I think It is important to remember that 6 percentage points higher in Federal one can argue even before, a concerted this debate is not about resolving ques- court class actions than in State court effort by those who subscribe to the ni- class actions. tions of Federal law in the Federal hilistic philosophy or theology that A final finding of the study is that courts. Federal question jurisdiction underlies the fundamentalist Islamic there has been no appreciable increase terrorists that whatever they could do already exists for that. Any case in- in either the amount of settlements or to strike against our country or Amer- volving a Federal statute can be re- the amount of attorneys’ fees awarded ican interests or American allies any- moved to Federal court under current in class actions over the past ten years. where in the world somehow furthered law. This bill takes cases that are The study indicates that there is no brought in State court solely under crisis here. No explosion of huge judg- their perverted cause, their sense of State laws passed by State legislatures ments. No huge fleecing of consumers purpose to try to strike against free- and throws them into Federal court. by their lawyers. This bill is a solution dom and democracy, against women’s This bill is about making it more time- in search of a problem. It is a great rights and roles, against what the consuming and more costly for citizens piece of legislation for wrongdoers who United States represents as a beacon of of a State to get the redress that their would like to put off their day of reck- opportunity for so many around the elected representatives have decided oning by moving cases to courts that world. they are entitled to if the laws of their are less convenient, slower, and more Representing the State of New York, state are violated. expensive for those who have been I saw firsthand the horrific damage the Diversity jurisdiction in cases be- wronged. It is a bad bill for consumers, terrorists caused because of their at- tween citizens of different States has for State legislatures, and for State tacks on the World Trade Center and of been with us for our entire history as a courts. course at the Pentagon, and then the Nation. Article III, section 2 of the This bill seems not to be about class crash in Pennsylvania of a plane Constitution provides: ‘‘The judicial action abuses, but about getting cases thought to be headed toward either Power shall extend . . . to Controver- into Federal court where it takes this building or the White House. sies between Citizens of different longer and is more expensive for plain- I have met recently, about 2 hours States.’’ This is the constitutional tiffs to get a judgment. The cumulative ago, with a group of interns who came basis for giving the Federal courts di- effect of this bill is to severely limit to my office. I love meeting with the versity jurisdiction over cases that in- State court authority and ultimately young people who work here in Wash- volved only questions of State law. limit victims’ access to prompt justice. ington during the summer. They come The very first Judiciary Act, passed Despite improvements made since the with such energy and enthusiasm. in 1789, gave the Federal courts juris- last time the Senate considered this They were asking me a variety of ques- diction over civil suits between citi- bill, the bill will still place significant tions. One of them said: Senator, what zens of different States where over $500 barriers for consumers who want to do you spend most of your time doing? was at issue. In 1806, in the case of have their cases heard in State court. I told them that certainly, because of Strawbridge v. Curtiss, the Supreme Remand orders are still appealable, and September 11, I have spent the bulk of Court held that this act required com- the mass tort definition does not pro- my time worrying about and working plete diversity between the parties—in tect State courts’ authority to consoli- on behalf of New York to help us re- all other instances, the Court said, a date cases and manage their dockets cover from the attacks, to help us re- case based on State law should be more efficiently. All the elements out- build, to help us try to repair, so far as heard by the State courts. So this bill lined in the bill before us will result in possible, the shattered lives and lost changes a nearly 200-year-old practice the erosion of State court authority dreams of so many thousands of people. in this country of preserving the Fed- and the delay of justice for our citi- Then, once having become a member of eral courts for cases involving Federal zens. Therefore, I cannot support this the Armed Services Committee in Jan- law or where no defendant is from the unfair ‘‘Class Action Fairness Act’’ uary, a year and a half ago, I have been State of any plaintiff in a case involv- bill, and I will vote no. immersed in the details and challenges ing only State law. I yield the floor and suggest the ab- of how we defend our country, how we Why is such a drastic step necessary? sence of a quorum. best protect our interests, how we take Why do we need to prevent State The PRESIDING OFFICER. The care of the young men and women in courts from interpreting and applying clerk will call the roll. uniform.

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2004 CONGRESSIONAL RECORD — SENATE S7793 Running through all of that work has Some issues we hear about all the This is one of those times when I been a commitment to do everything I time. It is indeed frustrating that we think history is watching and will could do as a U.S. Senator to ensure are not even dealing with what is alleg- judge us harshly. that we were vigilant, we took every edly on the Senate floor. We are 4 days after our Independence step necessary and possible to protect But what really frustrates and dis- Day, 4 months before the November our fellow men, women, and children. appoints me is that this impasse, this elections, nearly 5 months after the I have taken that responsibility very games playing, this pure, unadulter- President submitted his budget request seriously. I have introduced legislation ated partisan politics, is preventing us to Congress, and the U.S. Congress has to try to put both more resources into from dealing with the urgent business, yet to send a single appropriations bill homeland security and to allocate the threats, and the dangers that con- to fund the U.S. Government to the those more effectively to ensure that front our country. The Homeland Secu- President for his signature. our first responders, our police and our rity appropriations bill just sits there. The Department of Defense, Home- firefighters and our emergency work- We can’t get it to the floor. We have land Security, Department of Justice, ers, had the resources necessary to do passed out of our requisite committees Federal Bureau of Investigation, Se- the job we expected them to do be- not once but several times steps to cret Service, responsible for coordi- cause, in effect, they are our frontline make our ports safer, to make our rail nating security at both conventions, homeland soldiers. lines safer. For heaven’s sake, we saw Federal Emergency Management Agen- I have worked to protect our rail what happened in Madrid. How can we cy, and a host of others charged with lines and our courts, to ensure that our in good conscience act as though we the solemn responsibility of protecting critical infrastructure has been given don’t have an obligation and a respon- our country have not yet been funded. whatever help can be offered so we are sibility to protect our rail lines and As is so painfully clear, we haven’t prepared, so we are vigilant, because our ports, our critical infrastructure? even taken up the Homeland Security none of us can predict whether there We have just appropriated some addi- appropriations yet. will be an attack or where one might tional funds to make sure we have We could be right now debating on occur. I am well aware of that. That is more security in Boston and New York the floor of the Senate how much not something that we can stand here which will be the home of the Demo- money our first responders need and today and say we know is going to hap- cratic and Republican Conventions, whether we are going to take seriously pen, but we can say with confidence part of our great political democratic the obvious threat to rail lines. And there are people right now, meeting tradition in our country. what about those ports with those throughout the world in cafes in Eu- What about the people who do their thousands of containers that come in? Last week, I was privileged to be in rope, in tents in North Africa, in caves job every day? What about the police Seattle, WA, with my good friend and in Afghanistan, who wish us ill and officers in New York who walk the colleague, Senator MURRAY, who is the who will do everything they possibly streets every day picking up informa- No. 1 champion of port security in this can to kill as many Americans, to in- tion and conveying it to the intel- body. In fact, she was named Port Per- jure as many Americans, and to de- ligence-gathering operations of our son of the Year because of her advo- stroy as much of America as possible. New York Police Department and de- cacy for our ports. I don’t think we have a higher pri- tectives coordinating with the FBI? ority in the Senate than to work to- We went out across the water from What are we doing for them? We are gether in a bipartisan—frankly, a non- downtown Seattle with the skyline cutting the COPS Program. That is partisan—way to provide the resources spread before us to an island that proc- what we are doing. We are not even and to do what is necessary to protect esses a lot of the container traffic. We adding additional money to homeland the people we represent. talked to the Coast Guard, Immigra- That is why it grieves me to come to security. We are cutting the very life- tion, and other personnel who run that the floor of this Senate having watched blood of what keeps the police on the operation. It is an overwhelming task. now for several weeks as we have done streets in a city such as New York and You think about this, one of our nearly everything but focus on the real so many other great cities around our ports—we have so many of them. The business of America. We have an appro- country. biggest are Los Angeles and Long priations bill standing in line for What about our firefighters? With Beach, Seattle-Takoma, and of course, homeland security that we cannot get budget cuts and cutbacks, we are not New York-New Jersey. We have made to the floor. Instead, we are engaged in fulfilling the needs they confront for some progress. I am proud of that these nonsensical, futile, parliamen- interoperable communications for haz- progress. But we haven’t done what we tary, politically partisan games. It is a ardous materials, both training and know needs to be done. shame, and it reflects on all of us, but equipment for the personnel that are We have had report after report after it reflects most on the majority leader- needed with the highly developed skills report by distinguished Americans, by ship of this body. to deal with chemical, biological, and experts in security and intelligence, by It is one thing not to know exactly radiological attacks. people who understand the perverse all we should be doing to protect our I feel as if I am living in some kind mentality of our enemies, and they homeland. It is something altogether of fantasy world, some parallel area. have said over and over again that we different not to be doing the business We have the Department of Home- are not ready, we are not prepared, we we are expected to do to provide as land Security Secretary standing be- have not done our part. many resources effectively deployed as fore our Nation talking about the dan- Let us get back to business. Let us possible to try to ensure that so far as ger and threats we face. We have get serious around here. Elections take humanly possible we have done our job. closed-door briefings for Members of care of themselves. That comes and Look at what we are doing today. the Senate and the House. Yet we don’t goes. Our job is to do the people’s work One can argue about whether dealing get about the business of doing all we right now, today, in July, to deal with with class action is a priority given ev- can to make sure we are prepared. It is important pressing matters, and there erything else going on in our world, bewildering. isn’t any that is more critical than but we can’t even deal with that. When Secretary Ridge announced homeland security. The majority leader comes to the this morning that we have credible re- We still have time, although it is a floor, and in a parliamentary move porting that al-Qaida is moving for- little hard to believe, but we only have makes it impossible to present any ward with its plan to carry out a large- about 2 more weeks, which usually other issue, whether that issue is to try scale attack on the United States, then translates around here into 6 days of to raise the minimum wage for people I think we act as though we have noth- work, and a day like today when noth- who haven’t had a raise in years or ing better to do, at our peril. Shame on ing happens. It is discouraging. whether it is to try to bring about the us. Yet here we are. We have a person There are 100 very smart, energetic, reimportation of drugs from Canada so in our Government responsible for giv- able people in this body who know how that people can pay an affordable price ing us this information based on cred- to work and how to get things done. for the drugs they should be able to use ible reports, and we are ground to a They might as well be on a beach some- for their prescriptions. halt in the Senate. where for all their efforts amount to

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7794 CONGRESSIONAL RECORD — SENATE July 8, 2004 with respect to the important issues are going to move off this legislation room, there must be some pollster facing us and the one I am most con- and are going to the gay marriage whispering in someone’s ear and say- cerned about; namely, the security in amendment. I know people have strong ing, If you do this, that, and the other, our country. emotions about that one way or the you can come. Maybe people will be Every intelligence report, every other. However, I am willing to say the fooled into believing—even though you briefing, always mentions New York. It people for New York and the people of are in charge, and as my friend points mentions other places, too, but it al- Nevada, if we weigh on one side the gay out, you are in charge of the White ways mentions New York. The people I marriage amendment and on the other House, the House, and the Senate—that represent, who have already gone side the Homeland Security appropria- somehow the fact that nothing has through so much—the firefighters and tions bill, this scale would tip 95 to 5. happened has to be the other side’s police officers I represent, who have al- Does the Senator agree we have our fault. ready set the world class standard for priorities mixed? I am sure people are saying that, but courage and class—I don’t want to have And let me ask one other question. I how pathetic is that. What does that to look them in the face and say, We went to my luncheon today and one of say about our values and priorities as a could not get around to giving you the my friends in the press said, do you re- nation? If that is what they care about, funds you needed to be sure you got alize what the Republicans are doing? trying to score cheap political, par- those additional pieces of equipment They are going to say you are obstruct- tisan points at the expense of bringing that were required. We could not figure ing everything. up the Department of Homeland Secu- out how we were going to have the Sen- Does the Senator from New York un- rity appropriations in the face of the ate deal with the business as to wheth- derstand that is their game? They will warnings we received today, then it is er you live or die. say we are the ones obstructing these going to be clear for all to see the re- I am proud and honored to serve in bills, when, in fact, they do not want to sponsibility rests on their shoulders. the Senate. I am especially proud and address these issues because they do It is not too late. There are a lot of honored to represent New York. But it not want to take a vote on overtime, Members who have worked day and is hard to understand how we could be they do not want to vote on extending night to deal with the real business of turning our collective backs on the unemployment benefits, they do not America. I am sure my good friend, our most pressing need confronting our want to have a debate on immigration deputy leader on this side of the aisle country. and drug reimportation. who is literally here every waking In 2 weeks we are going to be Would the Senator agree when a gov- hour, would be here even more in order recessing—Democrats will go to Bos- ernment is controlled by one party— to deal with the people’s business. And ton; the Republicans, later in August, President, the House, the Senate and, I what is the people’s business? No. 1, will go to New York—and I guess ev- am sad to say, the Supreme Court—it keeping the people safe. eryone hopes and crosses their fingers is a little hard to blame the other Again, I hope we get about what is and prays to God Almighty that noth- party for obstructing? Does the Sen- important, that our majority leader- ing bad happens. ator agree? ship decide they want to put aside I was raised in a faith tradition that Mrs. CLINTON. Certainly, I agree these petty, partisan, political games believed God helps those who help with my good friend and my distin- dealing with scoring cheap points at themselves; that we were given a soul, guished leader who makes some excel- somebody’s advantage, and work for a heart, and head, and we were ex- lent points. the good of all of our people. pected to use all three. I can only hope Even more than that, as the Senator Mr. DURBIN. If the Senator from we will get a signal from our majority from Nevada knows so well, in the face New York would yield for a question. leader that we are going to go back to of a disaster or another attack, all of Mrs. CLINTON. Certainly. business, we are going to get this proc- this becomes unimportant, trivial, UNANIMOUS CONSENT REQUEST—S. 2537 AND H.R. ess moving again, we are going to bring even frivolous. 4567 the appropriations for the Department I have enough respect for all of my Mr. DURBIN. Madam President, I of Homeland Security to this Senate colleagues that I hope we are not put- would like to ask the Senator from and we are going to act—not that we ting ourselves in a position where in New York if she would allow me to can prevent every bad thing from hap- the event what has been predicted, and make a unanimous consent request at pening but that we will have done our given voice to today by Secretary this time that the appropriations bills duty. There is still time. I hope, for all Ridge, comes to pass, and people right- for homeland security be brought for our sakes, we act. ly can turn and ask, Where were our immediate consideration on the floor Mr. REID. Will the Senator yield? elected representatives? of the Senate. Mrs. CLINTON. Certainly. This goes way beyond politics. This These bills—S. 2537 and H.R. 4567—are Mr. REID. I say through the Chair to is not about Democrats and Repub- currently on the Senate calendar. After the distinguished Senator from New licans. This is about us as Americans. the warnings we received today from York, there is no question the citizens What are our priorities? What do we Secretary Ridge, could there be any- from your State, more than any State think is important? What are we will- thing more important for us to do at in the Union, are troubled every day ing to fight for, stand up for? this moment in time but to move to because every day there is a story that As my good friend points out, the these bills so that units of government something bad is going to happen, and majority has made a different set of in New York, in Illinois, in Alaska, in New York, as the Senator indicated, is choices. They have decided they want Nevada are provided with the funds always mentioned. to create an atmosphere of gridlock they need immediately, so we can I heard the Senator from New York and obstructionism which means we go move this process beyond all the polit- state today that we, the Senate, are so far as not even to take up the Home- ical rhetoric and debate on so many wasting our time. Class action is im- land Security appropriations. issues that take a distant second place portant, but is it as important to my It is profoundly sad. It would be sad to the security of this Nation. family as having better security for my any time, but it is extraordinarily dis- I wonder if it would be appropriate family? I have family members in the heartening that on a day when the Sen- for the Senator to yield to me to make Washington, DC area, in Nevada, and ate was briefed behind closed doors that request, and then I would return one of my sons moved to Utah. I would about the threats, when the Secretary the floor to her. rather we were working on this bill, of the Department of Homeland Secu- Mrs. CLINTON. I so yield. Homeland Security, to make my fam- rity went before the world to talk Mr. DURBIN. Madam President, I ask ily members more secure. about the threats, that we cannot get a unanimous consent that the Senate To top this off, when we leave class debate on the appropriations for the take up for immediate consideration S. action—and the majority has decided Department of Homeland Security. 2537, the Homeland Security Act of they simply cannot allow a vote on im- I have no doubt my good friend is 2005. migration, or certainly they cannot right, there must be some political The PRESIDING OFFICER. In my allow a vote on drug reimportation—we machinations going on in some back capacity as a Senator from the State of

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2004 CONGRESSIONAL RECORD — SENATE S7795 Alaska and on behalf of Senate Leader- consider issues relative to homeland The Homeland Security bill has been ship, I object. security, not just the appropriations reported by the committee to the Sen- Mr. DURBIN. Madam President, I ask bills but issues relative to port secu- ate floor. We have been trying to get it unanimous consent that the Senate rity and railroad security. There are to the Senate floor. I am prepared to take up for immediate consideration bills on this calendar which have just present a motion to take up the bill H.R. 4567, the Homeland Security Act been languishing. At this moment in right now, and I do. of 2005. time, when we have nothing else going I ask unanimous consent that at a The PRESIDING OFFICER. In my on on the floor of the Senate, why are time to be determined by the majority capacity as a Senator from the State of we not moving as quickly as possible to leader today, the Senate proceed to Alaska, I object. consider those important appropria- consideration of Calendar No. 588, H.R. Mr. DURBIN. Madam President, I am tions bills? 4567, an act making appropriations for disappointed with that decision based Mr. STEVENS. Will the Senator the Department of Homeland Security on what we have seen today and heard. yield for a question, Mr. President? for the fiscal year ending September 30, I hope and I pray nothing happens in Mr. DURBIN. I will yield in just a 2005, and for other purposes. Further, I this country between now and the time minute. I will be happy to yield after I ask unanimous consent that all after we take these bills up. It reflects so make my statement. the enacting clause be stricken, that badly on the U.S. Senate that we have I just pray that we can reach a point the text of Calendar No. 583, S. 2537, the been given fair warning by this admin- where we can get to these bills before Senate-reported bill, be inserted and istration that we face one of the most anything serious happens in America. agreed to in lieu thereof, without serious security threats since 9/11 and But I know in my State of Illinois and waiving any points of order by virtue the Senate is unwilling—there has been in every other State there are units of of this agreement, and that the bill, as an objection to even considering the local government as well as law en- amended, be considered as original text Homeland Security bills at this mo- forcement units and those who are for the purpose of further amendment; ment when, in fact, we have nothing looking for the resources to be able to provided that no amendments shall be else to do here. I hope that history respond to a national emergency. in order which will increase total dis- proves that this was not a wrong deci- If something serious should occur, cretionary spending provided by the sion, but it is a decision which, sadly, God forbid, it is not likely that people bill in excess of the Senate-reported we will have to live with until the lead- will be calling the Senate switchboard. bill totals of $32 billion in budget au- ership of this Senate decides to return. They are going to be dialing 911. They thority and $29.729 billion in outlays; At this point, I yield the floor. are going to be hoping that on the Mrs. CLINTON. I thank my good provided that no other points of order friend from Illinois and I yield the other end of the line there will be a po- shall be waived thereon by virtue of floor. lice department, a fire department, an this agreement; provided further that 2 The PRESIDING OFFICER (Mr. ambulance, or a hospital that can re- hours be equally divided on the bill, ALEXANDER). The Senator from Illinois. spond extremely quickly. And the ques- that up to an extra hour be equally di- Mr. DURBIN. Mr. President, what tion is, obviously: Are we doing all we vided on each amendment, that all those who are following the Senate de- should do on a timely basis to provide amendments be relevant and germane, bate just witnessed is, sadly, a com- the resources to these units of local that all votes occur before 5 p.m. on mentary on what has happened to the government? Monday, and that final passage occur Senate. We are embroiled in debate on Secretary Ridge said today—and I by the same time, 5 p.m. Monday. a class action bill relative to reforming have the highest respect for him; he is Now, I have an urgency to get this the laws of America about how law- an old friend. I came to Congress with bill before the Senate, too. I am de- suits can be filed. Many Members, in him over 20 years ago. He was an excel- lighted the Senator has come to floor. frustration, have wanted to consider lent appointment by the President. But I think it is the first time I have ever many other issues: Should America he said how much we rely on State and seen a member of the committee come now, after almost 6 years-plus of not local first responders. If that is the to the floor of the Senate and ask to increasing the minimum wage, finally case, wouldn’t we want to move as take up a bill without consulting the increase the minimum wage for Amer- quickly as possible to make resources chairman. But I am prepared to take it ican workers? The Senator from Idaho available for them so they can be pre- up. We were prepared to offer this mo- has joined the Senator from Massachu- pared to defend America? That is why tion today. I ask for the unanimous setts in addressing a very important we should consider this legislation. consent agreement to start today—to issue about agricultural workers and The Senator from California, Mrs. start today—and we will finish it by 5 immigration. They would like to offer BOXER, came to the Senate floor today o’clock Monday. an amendment for that purpose, and it and made the same unanimous consent Just as Governor Ridge indicated, has broken down. There can be no request to go to these issues. Again, there is a real urgency behind this bill. agreement reached—at least there has the majority said no, we are not going I would like to take it up. What this not appeared to be an agreement to consider these issues. There is noth- time agreement means is the bill will reached. ing more important. I would hope we be subject to amendment, but anyone Now we are just at rest, at ease, would move to them quickly. who wants to add money has to find standing and doing nothing. It is hard I yield to the Senator from Alaska some source to take it out. This bill is to imagine that any of us were elected for a question. consistent with the budget resolution to the Senate for that purpose and par- Mr. STEVENS. Well, I will seek the we are operating under, which is the ticularly as many Members of the Sen- floor when the Senator is through. budget resolution of 2004. We do not ate, myself included, were called to a Mr. DURBIN. All right. I would just have a new budget resolution, but we secret meeting, classified meeting this say, in conclusion, then, at a time and do have the budget resolution for 2004, morning, with the Secretary of the De- place, I hope we can find this bipar- which put caps on 2005. partment of Homeland Security, Tom tisan agreement to move to these So I am ready to take up this bill. Ridge, as well as the Director of the issues. The sooner the better. Once The chairman of the committee is Federal Bureau of Investigation, Rob- having moved to these issues, I think ready to take it up. If the minority ert Mueller, and were told at that the Senate can dispatch them quickly, wants to come and ask that it come up, briefing that we face an extraordinary on a bipartisan basis, as it should. I am ready. We are ready right now. We threat to America’s security. I am not I yield the floor. will finish it by 5 o’clock Monday. We saying anything out of school because I The PRESIDING OFFICER. The Sen- will have it to the President by 5 can tell you that Secretary Ridge had ator from Alaska. o’clock a week from tomorrow, I guar- a press conference immediately after UNANIMOUS CONSENT REQUEST—H.R. 4567 AND S. antee you that. that private meeting and said as much 2537 So I present the unanimous consent to the American people. Mr. STEVENS. Mr. President, I am request, Mr. President. It strikes me that under those cir- sort of surprised with the Senator from The PRESIDING OFFICER. Is there cumstances we should be moving to Illinois. I attended the same briefing. objection?

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7796 CONGRESSIONAL RECORD — SENATE July 8, 2004 Mr. DASCHLE. Mr. President, I I would hope perhaps within the hour the Senate. Here it is Thursday after- would object, but I would ask the dis- we could work through that concern noon. One of the most important ap- tinguished chair of the Appropriations and come back and take up the bill this propriations bills we will confront and Committee, who has worked harder afternoon and, as the distinguished we must deal with, the Senator from than anyone I know in this Chamber to chairman suggests, finish the bill by Alaska, as well intended as I know he try to move the appropriations process early next week. is, is asking the Senate to take it up on forward, if we could not simply do what I will talk, of course, with our distin- a Friday, when he knows most people he is suggesting; that is, bring up the guished ranking member who would travel, and then resolve it before the Homeland Security bill this afternoon. certainly need to be consulted before end of Monday which is also a travel We can get agreement to go to the bill. we agreed to do anything on the Senate day. We can argue how productive Fri- No one has seen this bill. To be limited floor. The distinguished ranking mem- days and Mondays are. And yes, we to a time limit without having had the ber has also expressed concern about ought to be able to work here 5 days a opportunity to see it—we could even our inability to move forward on this week. work out an agreement on relevant legislation, as well as the ranking That has not been the practice. And amendments. We could certainly work member of the subcommittee. But I am certainly if we gave Senators warning, out a time agreement on amendments pleased that the chairman has re- those who have already made travel ar- themselves. But there is no question sponded to our desire to move this leg- rangements could probably cancel that we could resolve these procedural islation. Let’s hope before the end of those travel arrangements. But here we issues immediately. the afternoon we can have an agree- are. He can’t really mean what he has I ask unanimous consent that we set ment in place and take up the Home- suggested, that he is going to finish an aside the pending business and take up land Security bill. No one could have important bill like this over 2 travel the Homeland Security bill at 3 o’clock been upstairs and heard what we heard days and a weekend. That doesn’t this afternoon. and not want as much as possible to work. That certainly wouldn’t be rec- Mr. STEVENS. My motion is before deal with all of the issues that are con- ognized by any standard as a good-faith the Senate, Mr. President. fronting us right now. The very least offer. The PRESIDING OFFICER. The Sen- we need to do is to provide the funding Let’s work this bill. Let’s get it done. ator is correct. necessary for the infrastructure that is Let’s have a debate. Let’s have amend- Mr. DASCHLE. Actually, I objected already in place, and we have not even ments. But let’s recognize if we are to that, and I have offered a counter- going to do this, showcasing and pos- proposal. done that. So it is time we do it. It is The PRESIDING OFFICER. Objec- time we recognize the concerns that turing for purposes of trying to make tion is heard. are out there and deal with the respon- it appear as if we are getting the work Mr. STEVENS. The bill I have re- sibilities we have to fund the Homeland done is not going to satisfy the Senate. ferred to was reported to the Senate. It Security Department and all the re- We need to lay this bill down. We need was reported to the Senate on June 21. lated departments and not let this leg- to work through it. We need to get it It has been before the Senate for quite islation languish as we tie ourselves up done. We ought to be doing it rather some time. All I have asked is we have in procedural knots on legislation that than playing all these political games the amendments—it is open to amend- has no place, at least right now, given with class action and all the other ment—and that there be an hour on our circumstances. things that are contemplated now by each amendment. All I have asked is I will work with the chairman, work the majority. the amendments be germane and rel- with the ranking member. Hopefully, Mr. REID. Will the Senator yield for evant and that there be an hour on we can come back to the floor some- a question? each amendment. The only difference time this afternoon and reach agree- Mr. DASCHLE. Yes. between what the distinguished minor- ment. Mr. REID. Mr. President, the Senator ity leader and I have requested is I The PRESIDING OFFICER. Objec- from Alaska—and we all care deeply asked that no amendment would be in tion is heard. about him; he is our President pro tem- order which will increase total discre- Mr. STEVENS. Mr. President, the pore—said he wanted to bring up the tionary spending provided by the bill in distinguished leader has missed part of bill—that was objected to—the Home- excess of the Senate-reported bill to- my unanimous consent request; that is, land Security bill, but under specific tals which, again, is the amount that is that the final vote take place at 5 conditions, limiting debate and amend- consistent with the existing budget o’clock on Monday. So we could go to ments. Does the Senator from South resolution. conference with the House and expect Dakota believe every bill that comes I resubmit that unanimous consent to bring this bill back before we leave up we want to create a new Senate? We request. for the convention recess. Again, I never want to do things the way the The PRESIDING OFFICER. Is there state, I have a few years around here. I Senate has acted for 200-plus years. We objection? don’t remember any Appropriations want to do things the way the House Mr. DASCHLE. Mr. President, again, Committee member raising an issue to does it. We want to have a rule on I think we are very close to reaching bring up a bill without consulting the every piece of legislation. an agreement here. That is probably chairman. I remember the days when This is my second question. Doesn’t the good news that comes in this col- had a Member done that, the Appro- the Senator believe we could take this loquy. I would object only because I am priations Committee chairman would bill up and do it in the ordinary course not sure I understand the implications not have forgotten it. So again, I say of business, as we used to do things? of the final provision within his unani- to the Senate, we are prepared to take We could finish this bill in a couple of mous consent request having to do up this bill under this time agreement days? with the budget. There is no budget. and only under this time agreement Mr. DASCHLE. The Senator from Ne- We don’t have a budget resolution. So today. vada is absolutely right. There are too I don’t know how we can be guided by I yield the floor. many on the other side who want the a budget resolution that doesn’t exist. The PRESIDING OFFICER. The House rules but the 6-year term. If If anybody offers an amendment, my Democratic leader. they want the House rules, I would ad- guess is it would be declared out of Mr. DASCHLE. Let me again respond vise them to run for the House. We order, as the distinguished chairman is to the distinguished Senator from have rules in the Senate that allow for currently proposing. I don’t think that Alaska, chairman of the committee. I debate. One of the advantages of being is his intent, but I think that would be don’t know why we have to have all a Senator is, you have an opportunity the interpretation. And that would, these conditions for taking up an im- to offer amendments and have a good therefore, nullify any opportunity to portant bill like this. What is wrong debate about issues. That doesn’t mean make any alteration to the bill itself. with coming to the floor, working they have to be extended indefinitely. If a 60-vote point of order is required on through the bill, dealing with amend- These issues can be resolved and have any amendment, it negates whatever ments. I am frustrated, I suppose, by been. But issues as important as home- opportunity there is to amend the bill. the extraordinary demands put before land defense and appropriations ought

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2004 CONGRESSIONAL RECORD — SENATE S7797 to have an opportunity to be debated, the Defense Appropriations bill, sub- Mr. REID. Will the Senator yield for to be vetted, to be discussed, and con- ject to the same basic rules and com- a question? sidered in a thoughtful way. pleting it next week? This could be Mr. DASCHLE. Yes, I will. What the Senator has suggested, that done quickly, could it not, if we follow Mr. REID. Mr. President, I think we somehow we take up the bill this after- the precedence and rules of the Senate, also have to project ourselves into next noon and, with 2 travel days and a and there would not be a necessity for week. I have read in the press that the weekend, resolve all of these questions some of the conditions the Senator majority, when we get off of the bill we is not reasonable and certainly not re- from Alaska has asked for? have been dealing with all week, class alistic. Mr. DASCHLE. The Senator from Il- action, is going to go to a constitu- Mr. REID. Mr. President, will the linois is exactly correct. We would be tional amendment dealing with gay Senator yield for one more question? prepared to accept virtually the same marriage. Now is there anybody who Mr. DASCHLE. I am happy to. conditions we have agreed to in the believes that amendment, which is Mr. REID. We have completed on this past on Defense Appropriations and doomed to failure no matter how you floor—and we did it in expedited fash- other legislation. If that is what it feel about it—how do the people in ion—the Defense Appropriations bill. takes to expedite consideration of South Dakota feel about going to an The Senator from South Dakota con- Homeland Security, I think it is crit- amendment dealing with gay marriage sented to going to conference. We ical that we attempt to accommodate instead of doing an appropriations bill agreed to do it the day after the bill the Senate and try to work through dealing with homeland security? passed. The conferees were appointed. I this very important legislative priority Mr. DASCHLE. I am sure the people have here the Senate calendar. The in an expeditious way. So the Senator of South Dakota share the same feeling conferees were appointed June 24. from Illinois makes a very good sug- as the people in Nevada, Illinois and Is the Senator from South Dakota, gestion. This is yet another approach. across the country. They want us to do our minority leader, aware of the fact Let’s decide to pick it up on Tuesday our work and they want us to recognize that since this important bill passed and move through the legislation. We there are very serious obligations we the Senate, the House of Representa- can probably finish by the middle or have that ought to be met. I cannot tives—and now it is July 8—has simply certainly the end of the next week, and think of a more serious obligation than never even appointed conferees? So all get to conference, even though they to provide for the security of this coun- this about having to do it by 5 o’clock have not appointed conferees in the try. The longer we ignore it, the more so we can go to conference is yelling House. we put our country at peril. I think it out words that mean nothing. The My hope is when it comes to Home- is critical we address these issues in a House hasn’t appointed conferees on land Security, given what we have bipartisan way, a nonpoliticized way, the Defense Appropriations bill since heard today at the briefing, it would be an expeditious way; and certainly by June 24. imperative for us to deal with both of taking this legislation up next week, Mr. DASCHLE. Mr. President, I ac- these bills in the most expeditious we would be doing that. knowledge the Senator from Nevada is manner. I yield the floor and I suggest the ab- absolutely correct. It is mystifying Mr. DURBIN. Mr. President, I am not sence of a quorum. that they would allow a bill as impor- going to make a unanimous consent re- The PRESIDING OFFICER. The tant as this to languish and not ap- quest. The Senator from Alaska clerk will call the roll. point the conferees we had every expec- doesn’t care for that from a member of The assistant legislative clerk pro- tation would have been appointed the the committee. I would like to suggest ceeded to call the roll. same day we did it in the Senate. to the Senator from South Dakota that Mr. BYRD. Mr. President, I ask unan- Again, it is another illustration of the I hope there could be a conversation in- imous consent that the order for the hyperbolic rhetoric we get about con- volving our leader on the Appropria- quorum call be rescinded. cern for conference and process, but tions Committee, Senator BYRD, and The PRESIDING OFFICER (Mr. when given the opportunity, no action Senator STEVENS, as well as Senator CRAPO). Without objection, it is so or- is taken. That has been true on De- FRIST. I hope we can propose specifi- dered. fense, as well as many other bills. It is cally to begin consideration of the De- Mr. BYRD. Mr. President, what is the regrettable. partment of Homeland Security Appro- current business before the Senate? Clearly, this is another illustration priations bill on Tuesday morning and The PRESIDING OFFICER. The Sen- of how unfortunate this whole schedule bring it to a conclusion and completion ate is considering S. 2062, the class ac- has been. We have wasted another as quickly as possible. tion bill. week. We wasted a week with the De- I ask the Senator from South Dakota Mr. BYRD. I thank the Chair. fense Appropriations conference report. if he would consider trying to convene The Chair has indicated that the Sen- We could have completed our work on such a conversation with his fellow ate is presently considering the class the Homeland Security bill this week. Senators. action bill; therefore, I would think it Instead, I don’t think we have had a Mr. DASCHLE. Mr. President, that appropriate for me to add a title to the vote. If we have had a vote, except for will be, once again, the topic of discus- remarks I am about to make, a title the nomination, I don’t recall it. We sion as I discuss the schedule with the which would be as follows: ‘‘Protecting had one vote on a nominee and no majority leader. There cannot be a the People’s Interests Instead of the votes on any legislative substance. We higher priority for our country and the Campaign Interests.’’ have wasted this week. Senate than dealing with homeland se- This morning, Homeland Security We will waste next week, and as we curity issues. Secretary Tom Ridge and FBI Director continue to languish with all of this Why we have not taken up the rail- Mueller briefed Senators, and I am told legislative work before us, we road security issue is another matter that he indicated that al-Qaida cells inexplicably have no opportunity to that is troubling to many of us. There are operating in the United States and offer amendments and consider the leg- are a number of bills related to our se- that multiple and simultaneous at- islative agenda that would make this a curity that ought to be addressed, tacks are possible before the November secure country. That is very unfortu- ought to have the highest priority. Cer- elections. nate. tainly, Homeland Security Appropria- Now, I have been listening, as I sat Mr. DURBIN. Will the Senator yield tions, railroad security, a number of home with my sick wife, to talk about for a question? other issues continue to sit without an amendment to the Constitution. I Mr. DASCHLE. Yes. consideration. I cannot think of a bet- have been married now more than 67 Mr. DURBIN. Does the Senator from ter time to take it up than this after- years to a coal miner’s daughter, and I South Dakota, our minority leader, see noon and tomorrow, but no later than have been listening to all of the wran- any objection to our considering this Tuesday; and I think the suggestion gling that has been going on on this appropriation bill first thing Tuesday, made by the Senator from Illinois is a floor. I therefore felt it appropriate to taking this up on the same type of ex- good one. I will make it to the major- make these few remarks, especially in pedited schedule by which we took up ity leader. the light of what I am told Secretary

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Are we going to eral announced that he had credible in- our Government agencies were not pre- wait until after the conventions meet? telligence from multiple sources that pared to deter or respond to such at- Are we going to wait another 6 weeks al-Qaida plans to hit the United States tacks. I fear that we are still not pre- and then come back and bring up the hard in the next few months. pared to deter or respond to such at- appropriations bill making appropria- In the weeks following the Madrid tacks. Despite the threats, despite the tions for the Department of Homeland railway bombing, the Washington Post dangers, despite even today’s warnings Security? Is that what we propose to reported that the President informed from Secretary Ridge, the Senate this do, daudle? Fiddle-faddle? What is the Republican congressional leader- afternoon continues to debate legisla- wrong with the Senate? ship that he was all but certain that tion to reform the class action lawsuit The Senate is a do-nothing place terrorists would attempt a major at- process. these days, a far cry from what the tack on the United States before the The Senate has spent 3 days on the Senate has been in the years I have November elections. bill without a single rollcall vote. Next seen go by. Why are we wrangling over this polit- week it is expected that the Senate While the Bush administration has ical bill? Why not be talking about pro- will debate a proposed constitutional consistently promised the American tecting the people of the United States amendment on marriage. people that they are making this coun- and their properties against such an al- Now, hear me, listen to that, a pro- try safe, the facts show the administra- Qaida attack? It would seem to me posed constitutional amendment on tion has consistently put homeland se- that should have priority over politics. marriage. There are few people in this curity on the back burner. Time after Your lives, the people out there who Chamber who know as much about that time after time, the distinguished are watching this Senate floor through subject as I do. My wife and I having Democratic whip who sits on the Ap- those electronic lenses, your lives, we been married now 67 years, going on to- propriations Committee of the Senate, ward 70, if it is the Lord’s will. are told, are at stake. Then why do we not only a highly respected member of It is expected that the Senate will de- have before this Senate this class ac- that committee but a very able mem- bate a proposed constitutional amend- ber of that committee, knows that we tion bill? Why not talk about the peo- ment on marriage. Well, these are im- have tried time and time and time ple’s lives that are at stake? The ad- portant matters. Nobody would say again to add moneys for homeland se- ministration says the people’s lives are otherwise. But, frankly, they are not curity in that committee and here on at stake and that we may expect mul- that urgent. They are not life or death the Senate floor. And time and time tiple attacks. What a sinister threat we issues, but they are the priority for the and time again, we have been turned are obviously facing in this country. Senate majority leadership. What are we doing on this floor? Wran- I believe there are other, more urgent down by a Republican administration gling, wrangling, wrangling over a matters that we should be considering. and by the Republican leadership of class action bill. That is not going to The Senate Appropriations Committee this body. Deny that, if you may. I can sit very well with the American people, unanimously reported the Homeland furnish chapter and verse regarding the I don’t believe, once they stop and Security appropriations bill 3 weeks amendments that we have called up think about it. ago, on June 17. Since June 17, the bill trying to bring greater safety to the It would also be appropriate at this has sat collecting dust. Why are we not American people against a terrorist at- point, although it isn’t very common debating that bill? I say to the leader- tack, and time and time again those that it is done on this floor—the Holy ship: Why are we not debating that amendments have been defeated on the Bible is probably not something that bill? floor of the Senate. one should carry onto the floor of the In response to the Madrid train For this administration, homeland Senate, but I am going to read just two bombings, both the Senate Banking security can wait and wait and wait verses of Scripture from the book of St. Committee and the Senate Commerce and then wait. What do they want to Luke, chapter 13. These two verses are Committee reported bills authorizing do, wait another 6 weeks now until we the sixth and seventh verses: new Federal programs to secure our come back after the August recess and He [meaning Jesus] spake also this par- mass transit systems and our rail sys- then take up the Homeland Security able; A certain man had a fig tree planted in tems. The Governmental Affairs Com- appropriations bill? Is that the game? his vineyard; and he came and sought fruit mittee has reported a bill authorizing What might happen in the meantime? thereon, and found none. first responders grants. The Senate has This administration created a new Then said he unto the dresser of his vine- passed an authorization bill to increase Department of Homeland Security that yard, Behold, these three years I come seek- resources for the Coast Guard. But rearranges the deck chairs, but it can- ing fruit on this fig tree, and find none: cut not energize that Department with the it down;— where is the bill? The bill is mired in conference. financial resources that it needs to Cut it down— Why are we not moving forward on make America and the American peo- why cumbereth it the ground? these bills? Why are we piddling around ple safer, and many of the resources I believe there is a day of reckoning here, talking about a political bill, that are provided to the Department coming and it isn’t afar off, when the class action suits—class action suits? have yet to be spent. Get that. Many of American people are going to look at In the face of all the dire warnings that the moneys are still in the pipeline. this fig tree and say: These 3 years I this administration, this White House, They have been in the pipeline. They come looking for fruit on this fig tree this Secretary of the Department of have yet to be spent. and I found none, cut it down. They are Homeland Security, this President—all What a dawdling White House. going to say that to this administra- of the dire warnings that we have In response to the terrorist threat, tion, to this White House. These 3 heard, in the face of that yet we are one might have anticipated that the years—these 3 years—behold, these 3 here piddling around, dawdling, argu- President would have requested the years I come seeking fruit on this fig ing, wrangling over a class action bill. supplemental appropriations for secur- tree and find none. How about that, those of you people ing our mass transit systems, for in- Where are all the wranglers? The peo- out there in the prairies, out there on specting more containers coming into ple of this country are going to render the rivers and the river valleys, out our ports, for increasing inspections of a reckoning to those who are in the there in the Rocky Mountains, those of air cargo, or for increasing the number leadership in this country and they are you in Appalachia? How about that? of Federal air marshals. One might going to say: Behold, these 3 years I Your life, the lives of your children are have expected that the President would came here seeking fruit on this tree at stake. have amended his 2005 budget request

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2004 CONGRESSIONAL RECORD — SENATE S7799 to increase his anemic, 3-percent pro- it so mute? Why are we today debating He found none. posed increase for the Department of a class action bill when our lives are at Then, said he unto the dresser of his vine- Homeland Security. What a shame. stake? yard, Behold, these three years I come seek- What a sad commentary on a White It has been 21⁄2 years since Richard ing fruit on this fig tree and find none; cut it House that plays Russian roulette with Reid, the so-called shoe bomber, tried down. Why cumbereth it the ground? the lives of the American people. to blow up an aircraft in flight over the The owner of that vineyard is coming Instead, the White House did noth- ocean with explosives that he carried soon, just a few more months. The ing. Instead, the Department seems onto the aircraft. Are we any closer to American people are coming to that satisfied with a go-slow, business-as- deploying systems that could check vineyard seeking fruit thereon and usual approach to homeland security. passengers for explosives? Sadly, sadly, they are going to say these 3 years we the answer is no, no, no. The Department issued advice to have come seeking fruit on this fig tree mass transit systems for improving se- It has been over 21⁄2 years since the Congress passed the USA Patriot Act and found none. Cut it down. curity but provided no funding to in- Listen to that, White House. Cut it crease law enforcement presence or to and set a goal of tripling the Border Patrol and Customs officers on the down. deploy K–9 teams. On March 11 of this year, terrorists Despite the approach of a busy sum- northern border. Have we met the goal? attacked commuter trains in Madrid, mer season for airline passengers, the Sadly, we are 1,428 officers short of the Spain, killing nearly 200 innocent pas- Department of Homeland Security has goal. sengers. The President of the United allowed the number of Federal air mar- It has been nearly 3 years since 9/11 when police and firemen in the World States has not requested a dime for shals to shrink precipitously, and the Trade Center could not talk to one an- mass transit security. No one is sug- President’s budget would result in even other on their radios and tragically gesting we set up a passenger screening deeper reductions next year. hundreds of them perished never to rise system at our train stations like we I have worked with the distinguished in this world again. have at airports, but we should be in- chairman of the Appropriations Com- Are we any closer to providing police vesting in additional guards, better mittee, Senator STEVENS of Alaska, and firemen across the Nation with training, additional K–9 teams, better year after year, month after month, interoperable communications equip- surveillance. Americans use public time after time to increase appropria- ment? Sadly, the answer is no. transportation over 32 million times tions for the Department of Homeland The EPA has estimated that there per workday. The Senate Banking Security. Senator STEVENS and his are 100 chemical plants in this coun- Committee has reported a bill author- committee have brought out bill after try—several of them down in southern izing over $3.5 billion for fiscal year bill, and we brought bill after bill to West Virginia, where one of the great- 2005 for mass transit security and the the Senate floor over these years. We est chemical complexes in the Western Senate Commerce Committee has re- have joined together hand in hand on Hemisphere exists. The EPA has esti- ported a bill authorizing $1 billion for many occasions to seek the adminis- mated that there are 100 chemical rail and Amtrak security. Our citizens tration’s help and have asked the ad- plants in this country, each of which if deserve to be secure as they travel to ministration to send up Tom Ridge be- attacked could harm over 1 million work and back home again. fore the Senate Appropriations Com- people. In February of 2003, the Na- Time and time again over the last 3 mittee to testify back before he be- tional Infrastructure Protection Cen- came a Secretary and subject to the ter, which is now part of the Depart- years I have offered amendments to confirmation of the Senate. Our re- ment of Homeland Security, issued a provide funding for securing our mass quests fell upon deaf ears. threat warning that al-Qaida may at- transit systems and the White House Despite concerns about the safety of tempt to launch conventional attacks consistently called the amendments our borders, the Department, in March, on nuclear or chemical plants. A year wasteful or unnecessary spending. We imposed a hiring freeze on Customs of- and a half later, has the Department need to do more. ficers and Immigration inspectors. Mil- actually hardened the security of the The Hart-Rudman report on the ter- lions of dollars that Congress approved chemical plants? Sadly, that same old rorist threat in this country rec- for port security, for bus security, for refrain: No. ommended a $98 billion investment in hazardous materials grants 9 months More than 95 percent of the Nation’s equipping and training for our first re- ago have not been awarded. Millions of overseas cargo moves through our sponders over the next 5 years, yet the dollars that Congress approved in Feb- ports. The U.S. Coast Guard estimates President did not request an increase ruary of 2003, 17 months ago, for the that a 1-month closure of a major U.S. in first responder funding. Instead, the purchase of additional emergency port would cost our national economy President has proposed to cut first re- equipment for the 28 urban search and $60 billion. We inspect only 9 percent of sponder funding in the Department by rescue teams have not been spent. Mil- the cargo containers that come into over $700 million, including a $246 mil- lions of dollars have not been spent. our ports. There are 361 ports. lion cut in fire grants, and govern- Having this money sit in Wash- In order to help secure the ports, the mentwide the President is proposing ington, DC, does not make any Amer- Coast Guard estimates $1.1 billion is re- cuts of $1.5 billion. We need to do more, ican citizen any safer. quired to implement the Maritime not less. We are living in perilous As a result of the President’s deci- Transportation Security Act in the times. Perilous times. We are a coun- sion not to seek supplemental appro- first year and $5.4 billion over 10 years. try that faces increasing threats from priations, the Transportation Security How much did the President request? terrorists right here at home. Administration was forced to cut fund- The President requested only $46 mil- As Secretary Ridge was said to have ing for training passenger and baggage lion for port security grants, a cut of 62 explained to the country this morning, percent. screeners and for purchasing equip- there is a growing concern about a po- We need to do more than that. The tential terrorist attack before the No- ment for airport checkpoints. American people expect more than You who listen today, it is your life vember election. We are vulnerable, that. The American people have a right and the continual warnings and calls and the lives of your family members to expect more than that. The Amer- for vigilance only magnify that vulner- and your neighbors and your friends ican people have a right to expect from ability. that are at stake. this administration, this White House, As the lines at our airports get better consideration, better safety, What is our response to the Sec- longer and longer this summer, our greater concern. retary’s warnings in this Senate, in citizens will wonder who is responsible. There is a day of reckoning coming, this dear old body which has been my Who is responsible for this lackadai- and it is not far off. home for almost 46 years? We give sical, careless attitude on the part of Let me turn to this old book our fa- whistles to staff in the Capitol and we our government? Where are our govern- thers and mothers read. hope for the best. We sit back and wait ment leaders? Where is the Senate? A certain man had a fig tree planted in his and wait and wait on an appropriations Why is the Senate so mute? That great vineyard; and he came and sought fruit bill that is right here that could have deliberative body, where is it? Why is thereon, and found none. been called up days ago. We sit back

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7800 CONGRESSIONAL RECORD — SENATE July 8, 2004 and wait and wait on this appropria- I could easily wreck in a day or two Later tonight, this bill will be intro- tions bill that would improve Home- What builders have taken years to do.’’ duced by the majority leader. I thank land Security. Instead of action, we I thought to myself as I went away, him for his sensitivity and willingness delay. Instead of action, we call up a Which of these roles have I tried to play: to proceed on this bill. He has been of Am I a builder who works with care, class action bill. Instead of action, we Measuring life by the rule and square, enormous help to my wife and me in get wrangled in political arguing. We Am I shaping my deeds to a well-made plan, this struggle. I thank also Senator delay Homeland Security funds for po- Patiently doing the best I can? DASCHLE for truly making this a bipar- lice officers and firefighters. We delay Or am I a wrecker who walks the town, tisan issue. See, what Senator FRIST immediate investments in border secu- Content with the labor of tearing down? and Senator DASCHLE understand is rity and port security. We say loudly Think about it. that mental illnesses do not register by for all the country to hear, Homeland Now, I had not been told about my party; they afflict Republican and Security can wait. dear friend’s, the chairman’s, proposal Democratic families alike. No, it cannot wait. Homeland Secu- about taking this up, even though I am I would like to thank Senator GREGG, rity cannot wait. And remember, there the ranking member, actually the sen- the chairman of the committee, and his will be a day of reckoning. It will come ior member of the committee, the only staff for their willingness to proceed as surely as I stand here in this place, person on that committee who has with this legislation. It would not have as sure as the sparks fly upward. That been on it for 46 years, the senior Dem- happened without him. day of reckoning is coming ever near ocrat in this whole creation here. I was I would like to thank Senator around the corner. not told about any proposal that my DEWINE. He and his wife Fran know Indeed, the majority leader could chairman was about to make. something about family suffering, hav- have scheduled the Homeland Security I would be happy to consider any pro- ing lost a child of their own, so he has appropriations bill this week, but rath- posal. I want to work with the chair- been unusually sensitive to Sharon and er than bring up that critical legisla- man. I say, why not take up this bill on me on this issue. He has championed tion this week the majority chose to go Monday of next week? Why not? Why one of the bills, the major part of this to the class action bill. And once the not bring this bill up on Monday, and bill we will take up today. I thank you, Senator DEWINE. Senate began consideration of the class let’s have at it? I will leave that ques- action bill, then it was decided that I want to show further how we as par- tion for the leadership. I hope it will tisans, as Republicans and Democrats, Senators could only offer those amend- receive some consideration. ments the leadership deemed appro- are first Americans. During the hear- A certain man had a fig tree planted in his ing we had on this bill, it was Senator priate. Now, how is that? How is that vineyard; and he came and sought fruit DODD, who is the ranking member of for filling the tree? thereon, and found none. Here we are in the middle of July, Then said he unto the dresser of his vine- the committee, who suggested that if with 11 more legislative days left be- yard, Behold, these three years I come seek- we accomplish little else in this Con- fore the Senate recesses for the respec- ing fruit on this fig tree, and find none: cut gress, we at least ought to do this tive party conventions; and that is it down; why cumbereth it the ground? much. Senator DODD is one of the going to be for 45 days we will recess, Mr. President, I yield the floor. nicest and most decent Members of this take or give a little. So the Senate has I suggest the absence of a quorum. Chamber. There are other Senators of whom I acted on exactly one appropriations The PRESIDING OFFICER. The want to take note. bill, the Defense Appropriations bill. clerk will call the roll. Senator JACK REED has been espe- Now that is not the fault of the Sen- The legislative clerk proceeded to cially sensitive and has helped to write ate Appropriations Committee. No, you call the roll. a big portion of this bill as it relates to can bet on that. That is not the fault of Mr. SMITH. Mr. President, I ask campus suicide. the Senate Appropriations Committee. unanimous consent the order for the Senator HARRY REID, the Democratic It is said that actions speak louder quorum call be rescinded. whip—his family also having suffered The PRESIDING OFFICER. Without than words, and I believe that to be with a suicide—has been a champion of objection, it is so ordered. true in this case. Given all of the prior- mental health issues and specifically ities facing this country, the majority GARRETT LEE SMITH MEMORIAL ACT on the issue of how to intervene, inter- leader has said, I am told, the most ur- Mr. SMITH. Mr. President, there are dict, and to stop suicide when it is at gent need the Senate should consider is many arguments hot and heavy being all possible. the class action bill and has further in- made today about the important issues Finally, I would like to speak of Sen- dicated that next week the Senate will that confront our country, issues about ator KENNEDY. I have looked at him consider a constitutional amendment our security, about our troops, about often in this Chamber. I have thought that no one believes has the number of the hot summer that is threatened by of him as a lion in winter. He certainly votes needed for adoption. Amend the terrorists, about our economy and its has a lion’s roar in this Chamber. Yet Constitution of the United States— recovery, and I know there are strong underlying the lion’s roar, Senator here it is, folks. I hold it in my hand. feelings on both sides of the aisle. But KENNEDY has a heart that is filled with Let’s just amend it one more time. I hope today to show the American compassion for people. No one on ei- Homeland security funding will sit people that we are bigger than just par- ther side of the aisle should ever ques- on the sidelines. Is that what the Sen- tisans, that there are times when our tion his motive, and his motive is as ate should be about, I ask you, the peo- Nation’s elected officials can come to- good as gold even though you can rea- ple out there? This Senate should step gether, put aside political and party sonably disagree with his method. He back from this folly and put the peo- differences, and actually debate and has been of unusual help to me and to ple’s interests first—the people’s busi- pass legislation. Sharon as we suffer the loss of our son. ness, the people’s lives. My bill that I am talking about now He has known much suffering in his I simply do not understand why the in the company of MIKE DEWINE, the days, and I thank Senator KENNEDY. Senate is twiddling its thumbs on leg- Senator from Ohio—and I believe Sen- Finally, I must mention ARLEN SPEC- islation that could be considered at ator DODD of Connecticut will soon join TER, the subcommittee chairman of the some other time rather than address- us—is a bill, I suppose, on a smaller Appropriations Committee that helps ing homeland security issues when it subject than war and peace and eco- fund the mental health issues. For a matters most. nomic recovery, but it is nevertheless a long time, he has found ways to fund I watched them tear the building down, bill about life and death, so it is impor- programs to help with mental illnesses. A gang of men in a busy town; tant. It is not a far-reaching bill. It is And he has been helpful in a tight year With a ho-heave-ho, and a lusty yell, not even all that expensive, certainly with a tight budget trying to find the They swung a beam and a sidewall fell. not in relationship to all that our Con- I asked the foreman, ‘‘Are these men skilled, resources that can be utilized for the And the men you would hire if you had to gress will consider, but it represents an authorization of funds this bill will build?’’ important milestone in our country’s provide. He gave a laugh and said, ‘‘No, indeed; battle against mental illness and spe- Enough of those things, and now to Just common labor is all you need. cifically youth suicide. the substantial.

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2004 CONGRESSIONAL RECORD — SENATE S7801 Most of you can probably discern by helping to pass, with the help of my darkness. He saw only despair ahead now that my emotions are still some- colleagues, an important first step to and felt only pain in the present, pain what tender. I didn’t volunteer to be a ending the epidemic of youth suicide. and despair so potent that he sought champion of this issue. But it arose out It is no small task, but one that I be- suicide as a refuge, a release. The bill I of the personal experience of being a lieve should be a top priority of this offer today with these great colleagues, parent who lost a child to mental ill- Congress because every year approxi- Republican and Democrat alike, is in- ness through suicide. mately 30,000 Americans commit sui- tended to help other people who suffer Last September, Sharon and I lost cide in the United States—a number from mental illnesses that are so dev- our son Garrett Lee Smith to a long that is almost twice as high as the astating it places them at risk for tak- battle that he suffered from mental ill- number of homicides in our country. ing their own lives. No family should ness. He suffered emotional pain that I Almost 700,000 Americans are treated experience the pain we have suffered cannot begin to comprehend, and he ul- in hospitals every year for self-in- and no child should face the challenges timately sought relief by taking his flicted wounds and attempted suicides. of mental illness alone. life. While Sharon and I think about But keep in mind these figures don’t When signed into law, this bill will Garrett every day and mourn his loss, tell the whole story. They do not ac- authorize $60 million over 3 years to we take solace in the time we had with count for the families, the friends, the create a system focused on establishing Garrett and say to all those who suffer coworkers who are affected by each in each State a statewide early inter- the loss of loved ones that the very suicide. Suicide and attempts do not vention and prevention strategy. It en- best antedote for grief is the gratitude simply leave an impression on the indi- sures that 85 percent of the funding you had for your loved one for a time vidual’s life, it leaves a deep impact on will be provided to the entities focused on Earth. Sharon and I have com- everyone who knows the person or a on identifying and preventing suicide mitted ourselves each in our own way family member of that person. at the State and community levels. En- to preserving Garrett’s memory by try- America’s youth are committing sui- tities apply to the State for funding ing to help others so that other fami- cide at staggering rates. Suicide is the and can utilize a variety of options to lies and children do not suffer a similar third leading cause of death for people implement the tenets of statewide fate. age 10 to 24 years—the third leading strategy. Sharon and I adopted Garrett a few One option that Sharon and I have cause. That is why this bill, at MIKE days after his birth. He was a beautiful recently championed in our own home- DEWINE’s suggestion, named the Gar- town is the Columbia University Teen child, a handsome baby boy. rett Lee Smith Memorial Act, is so vi- Forgive me. Screen Program. We have chosen to tally important. It takes the first sig- He was thoughtful of everyone endow this program in our community nificant step toward creating and fund- around him as he grew older. His life, in our son’s memory, in the town of ing an organized effort at the Federal however, began to dim in his elemen- Pendleton, OR, from which I hail. tary years. He struggled to spell. His and State levels to prevent and inter- All sixth graders who have their par- reading and writing were stuck in the vene when youth are at risk for mental ents’ consent will be screened each rudiments. We had him tested and were and behavioral conditions that can lead year for mental illnesses that can lead surprised to learn that he had an un- to suicide. to suicide and they will receive refer- usually high IQ, but he struggled with The loss of life to suicide at any age rals for treatment. Our hope in spon- a severe overlay of learning disabil- is tragic and traumatic. But when it soring this program is to help as many ities, including dyslexia. happens to someone who has just begun children as possible at as early an age, However, it would be many years life, has just begun to fulfill their po- as young as possible, because if we later until we learned how extensive tential, the impact somehow seems identify mental illness early, we may his true illness was because of his diag- harsher, sadder, more out of season, be able to prevent thousands upon nosis, which was a bipolar condition. more tragic. thousands of youth suicides. Bipolar disorder, also known as manic- Garrett had just begun to reach his The bill also authorizes the Suicide depressive illness, is a brain disorder potential. His big smile and generous Prevention Resource Centers that will that causes unusual shifts in a person’s spirit allowed him to befriend every- provide technical assistance to States mood, energy, and ability to function. one, popular or not. Wisely or not, his and local grantees to ensure they are Different from normal ups and downs mother and I showered him with crea- able to implement their statewide that we all experience, the symptoms ture comforts as yet another way to early intervention and prevention of bipolar disorder are severe. People show him that we loved him and that strategies. It also will collect the data who suffer from bipolar experience we valued him. But as a testament to related to the programs, evaluate the swings from manic highs where sleep his character, we later found out that effectiveness of the program, and iden- and eating are not desired, to deep cat- much of what we gave him in a mate- tify and distribute best practices to astrophic depressions where simply rial way he readily gave to others less other States around the country. Shar- getting out of bed can be too much of fortunate. ing technical data and program best a challenge. He also wanted to accomplish three practices is necessary to ensure that In the United States, more than 2 things in life. He wanted to be an Eagle Federal funding is being utilized in the million American adults suffer from bi- Scout, he wanted to graduate from best manner possible. That information polar disorder. This illness typically high school, and he wanted to serve his is being circulated among participants. develops in late adolescence or early church on a mission. He accomplished Finally, the bill will provide funding childhood. However, some people have those three things, largely because of to help colleges and universities estab- their first symptoms during childhood, the efforts of his angel mother. He lish mental health programs or en- while others develop them late in life. loved his mission companions, he loved hance existing mental health programs It can be a debilitating illness. And, as his church, he deeply loved his Savior, focused on increasing access to and en- in Garrett’s case, it can lead to worse and a chance of serving others in his hancing the range of mental and behav- tragedies. name. Unfortunately, his struggle ioral health services for students. As his parents, we knew how long and against his periods of deep depression Entering college can be one of the how desperately Garrett had suffered became too much. We sought out help most disruptive and demanding times from his condition and his very dark from school and church counselors, of a young person’s life, but for persons depression. While we knew intuitively psychologists, and ultimately a psy- with mental illnesses the challenges that suicide was possible in his case, chiatrist. But words of encouragement, can be overwhelming. Loss of their pa- there are simply no parental prepara- prayers earnestly offered, and the lat- rental support system, familiar and tions adequate for this crisis in one’s est medical prescriptions could not re- easily accessible health care providers own child, no owner’s manual to help pair our son’s hard-wiring defects. can often become too much of a burden one in burying a child, especially when Garrett’s bipolar condition was a to bear. That is why we have, for the the cause is suicide. cancer to him, as lethal as leukemia to first time, focused Federal funding on So I have committed myself to trying anyone else. It filled his spirit with improving the support structures avail- to find meaning in Garrett’s life by hopelessness and clouded his future in able at our colleges and universities.

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7802 CONGRESSIONAL RECORD — SENATE July 8, 2004 I simply say with emphasis to my gerous things I could do, hoping that of the United States. We do not know colleagues, we have a suicide epidemic maybe something would happen that I why. You would think just the oppo- on American university campuses be- would not return. He said: But you site, with the Sun shining and the wide cause kids leave their homes and need know, I now take a little bit of medica- open spaces. But we are studying that. support structures. As in the case of tion; I had the opportunity to talk to The Surgeon General of the United our son, when you are not there and someone and I no longer feel that way. States has stated it is a national prob- they do not have someone to fall back So I shared, for the first time ever lem. on, sometimes the most innocent kinds publicly, what happened to my dad. My I want my friend from Oregon to un- of disappointments for you and me can dad was 56 or 57 years old, much young- derstand how important it is that he is be life ending to them. These are the er than most members in the Senate. I stepping forward on this issue. Landra kinds of situations which we hope to said at that time to Chairman Cohen and I attended Garrett’s funeral. We better predict. that I thought we should have a hear- were so impressed because no one—no I say in conclusion, the components ing on senior suicide. I shared, for the one—tried to mask what happened to of this bill will ensure that we begin to first time, the story of my dad’s death. Garrett Smith. Every speaker talked address the staggering problem of I didn’t know Garrett. Gordon didn’t about this fine young man. Some of the youth suicide. I am pleased to be a know my dad. My dad was a person speakers had known him his whole life. champion of this cause, not because I who, as we look back, had been de- But there was not a single speaker who volunteered for it but because I have pressed his whole life. I cannot give a tried to make an excuse or cover up the suffered over it. This bill, with the sup- long dialog about my dear dad other fact that this young man had taken his port of my colleagues, will be a mar- than to say he was a very strong, phys- own life. velous beginning to say to the Amer- ical person, bigger than I am, bigger You see, we have come a long way. ican mothers and fathers, we care than his four sons. He never lifted a After my dad died, killed himself, I about you, we know your struggles, we weight, but with his shirt off at the age bought a book on suicide. It was not know your suffering, and we are trying he was, people would think he had lift- long ago that you could not bury some- to help. ed weights. He had big arms, a big one who committed suicide in a ceme- Where you cannot be there, we are chest. He was very strong. tery. Most religions would not accept going to do our level best to make sure He didn’t like to be around people, and allow the normal religious cere- there are professionals, there are peo- only his family. About a week before monies to take place if somebody had ple to help, so we can put an end to this he killed himself, we came out to visit killed themselves. We have gone be- epidemic and let our youth know that him in Searchlight. My dad did not yond that in most every instance, and mental illness is not something from have much in the way of material pos- that is good. I want the Senator from Oregon to which they should shrink but some- sessions, but he had one thing for know how I appreciate his moving for- thing about which they should seek which he was very proud. It was a spec- ward on this national problem. Nevada help. imen. leads the Nation in suicide. I believe If we do this, my colleagues, I assure My dad worked hard all of his life, that anything we can do to focus atten- you, whatever else we may or may not never made any money doing anything, tion on this problem is going to be of accomplish in this Congress, we can but he worked like a dog. One time he had a lease on a mine and he found benefit to so many people. leave here with pride that we did a Since this situation with my dad in some very rich ore at the Blossom. The very good thing for the young men and the committee, we now have a national vein was very small. It was in a talc- women of the United States of Amer- organization. They have a full-time like formation, and it assayed at ica. I urge the passage of this bill. lobbyist now. SCAN is the name of the $18,000 a ton. He got a few sacks of this. I yield the floor. organization. Their whole existence is The PRESIDING OFFICER. The as- It was in such small quantities you based on dealing with the suicide prob- sistant Democratic leader. could not even fill up a truck with it. lem that faces this country. Mr. REID. As my friend from Oregon He saved a specimen. All he had left I appreciate very much the Senator knows, my father committed suicide. was a specimen; that was valuable to from Oregon, I say for the third time, My situation was totally different than him, at least. Approximately a week moving forward on this issue. It is a that experienced by my friend from Or- before he died, he gave it to me. It was happy day and a sad day because, as egon. With my dad there was nothing unlike my dad. But, of course, as I look life is, I do not focus on that day when that had happened that suggested a back, he had been planning what he my dad—I went out and saw my dad on problem. was going to do for some time. His the bed where he had killed himself. I I went to watch Muhammad Ali work health was not good and he had miner’s do not focus on that, but I did today, out, spent the morning with Muham- consumption, and I am sure other prob- and it is good for me that I did focus on mad Ali. I had a wonderful time. I took lems. He smoked like a chimney all of it. somebody who was working with me. his life. He coughed every night when I It is good for us that we focus on Two of us were alone with Muhammad was a little boy. I thought all kids’ this. I used to think suicides happened Ali for a long time. I returned to my dads coughed like my dad. to other people, but they happen to us. office and walked in the door. Joan was But had this legislation, introduced There are so many people who I come the receptionist. I can still see her. by my friend, been in effect, my dad in contact with who have had a father, This was many years ago. She said: may not have had all the problems he a mother—I had a wonderful TV re- Your mother is on the phone. I picked had as he proceeded through life. Sui- porter in Las Vegas—and you know it up the phone and she said: Your pop cide is an American tragedy. We know is all business with these journalists— shot himself. that at least 31,000 Americans every who said to me once: Could I talk to My dad had killed himself at home in year kill themselves. We know that be- you sometime alone? I said: Sure. She Searchlight. For a long time, I was em- cause those are the deaths that we can told me about the fact that her brother barrassed; I did not know how to han- say: This was a suicide. But there are, committed suicide, her father com- dle that. I, of course, acknowledged my I believe, thousands of others—auto- mitted suicide. This story did not end dad was dead but like most people who mobile accidents, hiking accidents— there. She called me later, after we had deal with suicide, it takes a while to that are really suicides. our private conversation; her own sis- accept that. So we have done a few things since ter then killed herself. My acceptance came many years my work with Senator Cohen. We are Suicide is an illness of which we have later when I was part of the Aging now studying, for the first time—it is to get ahold. It is something that does Committee in the Senate. Bill Cohen hard to comprehend this—but for first not happen to others; it happens to us. was the chairman. We had a hearing on time in the history of this country, we I am so glad I was able to hear the senior depression. Mike Wallace, a re- are trying to figure out why people kill heartfelt remarks of the Senator from porter on ‘‘60 Minutes,’’ testified before themselves. We do not know for sure. Oregon today. the committee. He said: A lot of times One of the phenomenons is that most The PRESIDING OFFICER. The Sen- I wanted to die. I did the most dan- of the suicides are in the western part ator from Oklahoma.

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2004 CONGRESSIONAL RECORD — SENATE S7803 Mr. NICKLES. Mr. President, I com- ments that have been made by our is much more we could do to try and pliment my colleague from Oregon, good friend and colleague from Oregon, assist parents and young children be- Senator SMITH, for his statement and GORDON SMITH, and my good friends ginning the journey of life to get it also for the work he has done in put- and colleagues, HARRY REID and DON right from the beginning. And we spend ting together this legislation. I ask NICKLES. I was aware of the cir- a great deal of time talking about unanimous consent to be added as a co- cumstance of my friend from Nevada. I higher education, talking about the sponsor. was not aware of the circumstance of cost and getting jobs and the like. Cer- The PRESIDING OFFICER. Without my friend from Oklahoma. I appreciate tainly that has great value as well. objection, it is so ordered. both of them adding their voices today However, we don’t spend enough time Mr. NICKLES. Mr. President, I also to this discussion. Particularly, talking about those adolescent years, compliment my colleague and friend, though, I think we all feel a special those middle years from age six to 24. Senator REID, for his statement. I have bond with Senator SMITH and what he I can think of only a few instances a similar experience. My father also and his lovely wife Sharon have gone where we have actually had hearings committed suicide. I am not going to through. I commend him for his cour- and talked about the problems of ado- go into the details, but it is a lot of age and determination to share his lescents, those tremendously changing pain. It is very evidenced by the pain in story with us and the country today. years that can be so terribly complex the expression by Senator SMITH and Time does heal wounds. I suspect my for an individual of that age. Senator REID that this is a very serious friend from Nevada and friend from problem throughout our country. It is Oklahoma still feel tremendous pain, I hope that as a result this discus- a serious problem, as Senator SMITH and I suppose that time does remove sion, the legislation we are introducing has experienced, unfortunately, par- some of the bitterness. But we know will have some ability, some impact, ticularly with teenagers. that our friend from Oregon lost his maybe, in focusing our attention on For teenagers, this is a problem that son only a matter of months ago, and those questions. Let me go back and, most people cannot comprehend. I did we know the fact that he came to me, first of all, again thank my colleague know Garrett. Garrett was a troubled to MIKE DEWINE and Senator REED, to Senator MIKE DEWINE, with whom I young man with mental illness. He was others, asking with great determina- have worked on this issue, JACK REED also a very fortunate young man be- tion if there was a way to clear the leg- of Rhode Island, who has done a tre- cause he had outstanding and loving islation before us this year. I am so mendous job as well on this legislation, parents. He had an angel for a father glad that he came to us. I will forever and my colleague RICHARD DURBIN of and a mother, and he received more remember the hour or so we spent—not Illinois, who wants to be added as a co- love than most children would ever many weeks ago—talking about this sponsor. I ask unanimous consent that dream of receiving. Now maybe he is in legislation in my office and trying to he be added as a cosponsor to this leg- some ways giving a gift to the country find a way to clear it. Gordon, it is be- islation. because Senator SMITH, in trying to ra- cause of you that we are here today. The PRESIDING OFFICER. Without tionalize maybe, combat this very seri- I commend the majority leader and objection, it is so ordered. ous problem, is trying to tackle it na- the Democratic leader and others for tionally. I have no doubt as a result of insisting that we find some time here Mr. DODD. As has been pointed out us passing this legislation we will end to allow this legislation to be consid- by our friend from Oregon, suicide up saving a lot of lives, maybe thou- ered and, I believe, adopted unani- among our Nation’s young people is an sands of lives. So I just want to asso- mously by our colleagues. I know the acute crisis that knows no socio- ciate myself with my very good friend other body is considering legislation as economic boundaries. My State of Con- Gordon Smith but thank and com- well. necticut, as well as all other states in pliment him because we will never If I could, I would like to spend a the nation, suffer from this tragedy. In know—we will never know—did this couple of minutes speaking about this fact, my hometown of East Haddam, save someone’s life somewhere in Or- important issue, and I hope this time Connecticut—a small rural community egon or Oklahoma or Nevada or New maybe there are people listening. I of 8,000 people—has not been immune. York because there are a lot of trou- know occasionally people follow C– In 2001, I chaired the first Congres- bled kids out there, frankly, who have SPAN. There are probably times when sional hearing on youth suicide, and I not received the attention they need. they wonder why they are watching us was alarmed at the disturbing statis- Maybe it will also lead to greater re- at all, but maybe today, as a result of tics that were read at that hearing. search in combating suicide as a whole our conversation and the tremendous Well, those statistics have not changed because it is a big problem throughout remarks by our colleagues who have and they are worth repeating again this country for many ages, particu- talked about this issue in very personal today. According to the most recent larly for teenagers. terms, in addition to the underlying data from the Centers for Disease Con- I compliment Senator SMITH for the legislation, there will be people listen- trol and Prevention, almost 3,000 young love and attention and focus both he ing whose lives might be transformed. people—10 percent of all suicides—take and Sharon focused on Garrett. Garrett My admiration for the three of our col- their lives in the United States every was a very fortunate young man to leagues who have spoken today, par- year. It is the third overall cause of have such loving parents. The Senate is ticularly our colleague from Oregon, is death between the ages of 10 and 24. very fortunate, our country is very for- unlimited. He has done a great service, Young people under the age of 25 ac- tunate, to have his leadership on this if nothing else, by sharing his story count for 15 percent of all suicides com- very difficult, sensitive issue for them with America. That has great value. pleted. In fact, more children and There are people listening to this and, frankly, for our country. I com- young adults die from their own hand who I know full well are going through pliment him for his work and yield the than from cancer, heart disease, AIDS, similar circumstances and wondering floor. birth defects, stroke, and chronic lung The PRESIDING OFFICER (Mr. how to cope, or a child out there who disease combined. COLEMAN). The Senator from Con- may be wondering whether anyone can necticut. pay any attention to his or her needs, Equally alarming are the numbers of Mr. DODD. Mr. President, first of all, or trying to find a place he or she can young people who consider taking or let me thank both of my colleagues go to try and resolve these conflicts. I attempt to take their own lives. Again, from Nevada and Oklahoma as well. think this discussion is a worthy one recent CDC figures estimate almost 3 Their remarks were very moving for this historic Chamber to be engaged million high school students or 20 per- today. In the midst of all these other in. cent of young adults between the ages matters we debate and discuss—mat- Adolescent years are the most dif- of 15 to 19 consider suicide each year, ters we think are of such great and ficult in many ways. We spend a lot of and over 2 million children and young global and national importance—I time talking about early childhood de- adults actually attempt suicide. Sim- don’t think anything we have listened velopment, and rightfully so. Those are ply put, these figures are totally unac- to has been as important as the com- formative years in a child’s life. There ceptable and of a crisis proportion.

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7804 CONGRESSIONAL RECORD — SENATE July 8, 2004 Sadly, we rarely find these facts dis- youth suicide, including the Substance know that our work is not done. I sin- seminated widely among public audi- Abuse and Mental Health Services Ad- cerely hope that as a society we can ences. We rarely read them in news- ministration, the Health Resources and continue to work collectively both to papers or hear them on television. Indi- Services Administration, the Centers understand better the tragedy of this vidual cases, yes, but not the national for Disease Control and Prevention, incredible problem of youth suicide and numbers. and the National Institutes of Health. to develop innovative and effective and We know youth suicide is integrally However, despite these important public mental health initiatives that linked to mental health issues such as gains, we still face significant chal- reach every child and young adult in depression and substance abuse. Yet we lenges. this great Nation of ours, compas- also know all too well that both youth Today a large number of States, lo- sionate initiatives to give them en- suicide and children’s mental health calities, tribes, and service providers couragement, hope, and love, and most continue to carry an unfortunate stig- are finding themselves with unprece- important, life. ma, a stigma that all too often keeps dented budget deficits, making the es- I yield the floor. these crucial issues unspoken and dis- tablishment of new services and the re- The PRESIDING OFFICER. The Sen- courages children and young adults tention of existing services increas- ator from Ohio is recognized. from seeking the help they so des- ingly more difficult. Mr. DEWINE. Mr. President, let me perately need. Furthermore, youth suicide early first congratulate my colleagues from We have a societal obligation to intervention and prevention strategies Nevada and Oklahoma for their very break through this stigma attached to are often underfunded or understaffed moving statements in regard to their youth suicide and children’s mental to be properly effective. And while a dads. Let me also say to my colleague health. Again, the comments of our number of Federal agencies have sup- from Oregon that his statement was colleagues this afternoon have taken a ported youth suicide activities, there certainly one of the most moving major step in that direction. When peo- have been no comprehensive inter- statements I think any of us have ever ple in public life can address these agency strategies implemented to heard in this Senate Chamber. Our issues in public forums and talk about share data, disseminate research, or hearts, collectively as Senators, con- them in personal terms, then they help evaluate the efficacy of youth suicide tinue to go out to our colleague and us break down the barriers and stigmas early intervention and prevention pro- Sharon for the loss of Garrett. that exist. That is why I feel so strong- grams. Senator SMITH and Sharon have ly about the willingness of our col- Today I am introducing bipartisan taken their tragedy, the pain of this leagues today, particularly Senator legislation with my colleagues Sen- tragedy, the loss of Garrett and there SMITH, to share their personal thoughts ators MIKE DEWINE, JACK REED, GOR- is nothing in the world worse than the with us. DON SMITH, HARRY REID, and DICK DUR- loss of a child—and focused it on trying We also have a societal obligation to BIN, named in memory of Garrett Lee to do good. We see it today with this instill in our young people a sense of Smith. This legislation further sup- legislation for which Senator SMITH value, of self-worth and resilience. All ports the good work being done at the has been such a strong advocate. We too often children and young adults community level, the State level, and are on the Senate floor, frankly, be- considering suicide lose sight of them- the Federal level with regard to youth cause of him. We would not have been selves, their talents, their potential in suicide, early intervention and preven- to this point without him, without his life, and all too often they lose sight of tion in four principal ways. advocacy. We saw it in the testimony the love their families, friends, and First, it establishes new grant initia- when Senator SMITH and Sharon came communities have for them, as our tives for the further development and to our committee hearing that Senator friend from Oregon so eloquently de- expansion of youth suicide early inter- DODD and I held several months ago. scribed. vention and prevention strategies and They publicly talked about Garrett’s I am pleased our Nation has already the community-based services they death; they talked about him and taken positive steps toward better un- seek to coordinate. talked about the issue. Senator SMITH derstanding the tragedy of youth sui- Second, it authorizes a dedicated described earlier the community teen cide and its emotional and behavioral technical assistance center to assist screening with sixth graders in Pen- risk factors. Several recent reports States, localities, tribes, and commu- dleton that they have established. So like the President’s New Freedom nity service providers with planning, they are courageous. They have taken Commission on Mental Health, the Na- implementation, and evaluation of this immense pain and, in spite of that, tional Strategy for Suicide Prevention, these strategies and services. in the face of that, they are doing and the Surgeon General’s Call to Ac- Third, it establishes a new grant ini- something very positive. tion to Prevent Suicide have made tiative to enhance and improve early Those of us in the Senate are blessed youth suicide a top national public and intervention and prevention services and we are burdened with the oppor- mental health priority. specifically designed for college-age tunity to use the bully pulpit of the Today hundreds of community-based students. Senate to focus public attention on programs across the country offer a va- And last, it creates a new inter- issues. I say to my colleague that there riety of early intervention and preven- agency collaboration to focus on policy are many parents, tragically, as he tion services to thousands of children development and the dissemination of knows, who have suffered as he and and young adults—services that in- data specifically pertaining to youth Sharon have this year. He has the clude comprehensive screening, assess- suicide. I continue to believe that fund- unique opportunity—and has taken ment, and individualized counseling. ing for concrete, comprehensive, and that, as he is in a public spotlight; it is Every State and many tribal nations effective remedies for the epidemic of a burden he has, but he has taken that have begun developing or already have youth suicide cannot be done by law- burden and done something with it. implemented a youth suicide early makers on Capitol Hill alone. They What he has done with it is he has intervention and prevention strategy must also come from individuals, such taken that spotlight and used the bully that coordinates appropriate services as doctors, psychiatrists, psycholo- pulpit of the Senate to talk to the in schools, juvenile justice systems, gists, counselors, nurses, teachers, ad- American people about this issue. foster care systems, mental health pro- vocates, clergymen, survivors, and af- Many people today will watch this and grams, substance abuse programs, and fected families who are dedicated to many more will read about it tomor- other youth-oriented settings. this issue or spend each day with chil- row. There are many people who read Furthermore, the Federal Govern- dren and young adults who suffer from about the committee hearing we held, ment has stepped up in its role in both illnesses related to youth suicide. and they heard when Senator SMITH supporting these community-based ac- I believe we have made an important and his wife talked about this issue. tivities and conducting relevant re- first step with this legislation today. Many people they will never know have search and data collection. Several That step has been implemented by the been impacted, or maybe they were mental health and public health agen- comments of my colleagues on the alerted to a problem they might have cies have shown a great interest in floor of the Senate. However, I also with their child, and maybe parents

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2004 CONGRESSIONAL RECORD — SENATE S7805 were given inspiration and encourage- According to the National Institute dents committed suicide; however, only ment to seek help. These are things of Mental Health, suicide was the 11th 20 of these students had been seen by a that individuals don’t ever know about. leading overall cause of death in the college counselor before the suicide. But I know, and we all know, that what United States in the year 2001; how- As a result of the need for increased they have done has truly made a dif- ever, it was the third leading cause of attention to the problem of suicide and ference. This bill will truly make a dif- death for youths aged 15 to 24. the need for increased access to help, ference. Shockingly, we also know that suicides Senators DODD, SMITH, JACK REED, I thank Senator DODD and Senator outnumber homicides 3 to 2 for the HARRY REID, and I are introducing the JACK REED for their work. This bill we overall population. These alarming Garrett Lee Smith Memorial Act. This are introducing today is a combination numbers emphasize the need for early bill will provide grants to States, of two bills. One was introduced by intervention or prevention efforts. Too tribes, and State-designated nonprofit Senator REED as the lead sponsor. It often, the signs may be subtle or hid- organizations to create statewide plans was his idea; he took the lead. I was den until it is too late. While research for early intervention and prevention the Republican cosponsor. We intro- has created improved medications and efforts in schools, juvenile justice sys- duced a bill. The other bill was Senator methods for helping those with mental tems, substance abuse programs, men- DODD’s bill. He was the lead on that, health problems to recover, there is tal health programs, foster care sys- and I was the cosponsor. We worked on still much work to be done in identi- tems, and other child and youth sup- that bill together. This is a combina- fying those who need help. port organizations. These plans will tion of those two bills that we bring to Study has been done in identifying seek to serve the children where the the floor today. and categorizing the risk factors re- children are. This bill will help ensure I also thank Senator HARRY REID for lated to suicide. In children and youth, that States with youth suicide rates his great support and his work. I thank these are known to include depression, that are higher than the national aver- the majority leader. I thank Senator alcohol or drug use, physical or sexual age are given preference so they are DASCHLE and I thank Senator GREGG. abuse, and disruptive behavior. Of peo- better equipped to combat this tragic They all have been very supportive. We ple who die from and who attempt sui- problem. thank them for allowing us to bring cide, many suffer from co-occurring This act also will authorize a suicide this bill to the floor today. mental health and substance abuse dis- prevention resource center. This center We have held hearings on the mental orders. Children with these risk fac- will provide information, training, and health concerns of youth and children. tors, as well as children who are known technical assistance to States, tribes, As chairman of the Subcommittee on to be in situations at risk for acquiring and nonprofit organizations involved in Substance Abuse and Mental Health them, should be included in com- suicide prevention and intervention for Services, I have been able to do this. prehensive State plans. a number of purposes, including the de- The one hearing we talked about, Sen- Children and youth specifically ad- velopment of suicide prevention strate- ator DODD cochaired with me. At the dressed in State plans should include gies, studying the costs, effectiveness hearing on youth suicide, it became those who attend school, including col- of statewide strategies, analyzing how clear that thorough and actionable leges and universities, those already well new and existing suicide interven- plans are needed to deal with this issue receiving substance abuse and mental tion techniques and technologies work, affecting our children and young health services, and those involved in and promoting the sharing of data. adults. the juvenile justice system, as well as Further, the Garrett Lee Smith Me- At that hearing, as I indicated, Sen- those in foster care. morial Act would provide competitive ator SMITH, supported by his wife Shar- We also learned at our hearing that grants to institutions of higher edu- on, courageously shared the story of our colleges and universities are suf- cation to create or expand mental and their son Garrett. They told of his fering under an ever-growing caseload behavioral health services to students. struggle, their family’s brave struggle and they need additional resources to These grants will help financially with his depression, and Garrett’s help students in these critical years. strapped college and university mental struggle with that depression, a battle We know that suicide is the second health centers obtain the necessary re- that he tragically lost this past Sep- leading cause of death in college stu- sources to serve the mental and behav- tember. In honor of their son, GORDON dents today, and reports indicate there ioral health needs of the students. and Sharon are dedicated to helping has been a dramatic increase in college Let me again thank my colleagues other youth and their families who are students seeking care at campus coun- for their support of this very important struggling with mental illness. seling centers. legislation. Our children are simply too At that same hearing in March, the From 1992 to the year 2002, Big Ten important to not properly address their Reverend Dr. Paul Tunkle coura- Schools, for example, noticed a 42-per- mental health needs. This is a good geously spoke of the loss of his daugh- cent increase in the number of students bill, and it is the right thing to do. ter. Reverend Tunkle is an Episcopal seen at these counseling centers. Sur- I add one final comment. I think this priest now serving in Baltimore. His veys conducted over the past decade bill will be signed into law. This bill wife Judy is a psychotherapist. Their suggest the prevalence of depression will save lives. This bill will make a daughter Althea, or Lea to those close among college students is growing and difference. I thank everyone who has to her, began to exhibit symptoms of eclipses the rate of the general public. worked so hard on it. I thank my col- psychological problems when she was Many public and private schools have league again for being the spark behind in grade school. She began to experi- been dealing with budget crises re- this. He has been the person who has ence additional problems as she began cently which do not allow them to re- been talking to Members, getting their her university studies. Her grades spond adequately for this growth in support, making the plea. I thank him began to suffer. Exacerbating her men- need. In fact, last year 27 percent of so very much for doing it. tal health problems, Lea was raped counseling centers reported cuts to We are going to pass this bill and it while away at school. After attempting their budgets. is going to make a difference, but there suicide twice, Lea killed herself on her The accreditation standards for uni- is something else we should be doing, third attempt at the age of 22. versity and college counseling centers and that is the Mental Health Parity Tragically, these stories that we recommend that the counselor-to-stu- Act. This Senate, this Congress, must have heard are not uncommon. Statis- dent ratio be 1 counselor per 1,000 to get around to this bill. That bill also tics tell us that approximately every 2 1,500 students; however, alarmingly, will save lives. It will make a dif- hours a person under the age of 25 com- the 2003 ratio in schools with over ference. It will make mental health mits suicide. We also know that from 15,000 students is instead 1 counselor services available to people. 1952 to 1995 the rate of suicide in chil- per 2,500 students, and that is a prob- I see my colleague from New Mexico, dren and young adults in this country lem. Due to these numbers, schools are who just walked into the Chamber. He tripled, and that between 1980 and 1997 reporting that students are forced to has been an advocate for this bill. The the rate of suicide in 15- to 19-year-olds wait, sometimes days, to see a coun- time is ripe for the Mental Health Par- increased by 11 percent. selor. In the year 2002, 116 college stu- ity Act to come to the Senate floor, to

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7806 CONGRESSIONAL RECORD — SENATE July 8, 2004 be voted on, and to be passed. I thank Mr. President, 81 percent were con- tempts to provide practical support my colleagues. I thank the Chair. cerned that increasing numbers of stu- and help to young people, you usually I yield the floor. dents are there with severe psycho- find two names on the legislation— The PRESIDING OFFICER. The Sen- logical problems; 67 percent reported a DODD and DEWINE. It is always a privi- ator from Rhode Island. need for more psychiatric services, and lege to join these gentlemen. Mr. REED. Mr. President, I join my 63 percent reported problems with I also want to thank Senator HARRY colleagues, Senators SMITH, DODD, growing demand for services without REID, who spoke movingly of his own DEWINE, and REID, to discuss the Gar- an appropriate increase in resources. experience, the death of his father rett Lee Smith Memorial Act which That is why, working with Senator through suicide. Senator DON NICKLES will be introduced today. I thank and DEWINE, working with my colleagues similarly gave a moving tribute to commend them. Senator DODD and Senator SMITH, we Sharon and GORDON. Let me also thank I particularly commend Senator GOR- have incorporated in this act support Dr. Harsh Trivedi, a fellow in my of- DON SMITH. We are here today literally for college counseling centers. It is not fice, a psychiatrist who is now on a fel- because he has worked tirelessly to coincidental that Garrett was begin- lowship up in Boston. He did most of bring this legislation to the Senate ning his first year at the University of the work on the Campus Care and floor, to work with us and to advocate Utah, had left home, was in a new envi- Counseling Act, which is the legisla- strenuously that this legislation come ronment, was struggling with all of the tion incorporated in this act. I also to the floor of the Senate today. It is powerful forces of independence and of thank Lisa German of my staff, who rightfully designated the Garrett Lee change young people experience when does so much to help us on these Smith Memorial Act. they go off to school. That is a particu- issues, and also Catherine Finley on Garrett, unfortunately, struggled for larly vulnerable time. Senator SMITH’s staff, who has been of years and sadly took his own life last We understand college is a time of remarkable help and assistance. September. We heard this afternoon great intellectual development, but it Let me thank the leadership, Senator the heartfelt words of his father talk- is also a time of extraordinary personal DASCHLE, Senator FRIST, Senator REID, ing about this wonderful young man. and interpersonal growth and change. Senator NICKLES, because they let us We all sense that as Garrett struggled, When children go off to college, we bring this bill to the floor today to he did it with loving and caring par- need to make sure they have the sup- move forward to pass it. ents. port they need during this critical This is an example of the kind of As my colleague Senator DEWINE transitional period. work we can do when we work to- pointed out, the Smiths have taken Additionally, there are many adults gether, the kind of work the American their pain and transformed it into pur- going to college and they have a par- people demand of us. It is, as I said, a poseful action to ensure that other ticular dilemma of balancing their fitting tribute to Garrett and I hope an families and other young people do not studies with their family responsibil- enduring tribute to his father who have to suffer and endure even today ities. Yet campus after campus lacks worked so hard to get it to the floor the pain that lingers at the loss of this the resources to support their coun- today and to pass it. fine young man, and I thank the Sen- seling staffs to deal with these real I yield the floor. ator for his leadership and for his de- issues, these real psychological issues. The PRESIDING OFFICER. The Sen- cent and gallant heart. Part of what we seek to do through ator from Nevada. We are here today because we are re- the Garrett Lee Smith Memorial Act is Mr. REID. Mr. President, the leader- sponding to an extraordinary problem, ensure colleges and universities around ship on the majority side asked if we a problem that seems to many of us to the country have the resources to could move the vote to an earlier time be difficult to comprehend: why a reach out to students, to provide essen- tonight, rather than have the cloture young person, in the prime of life, with tial mental and behavioral health serv- vote in the morning. I am sorry to re- so much ahead, would take their own ices, and to educate families about po- port that the Senator from Delaware, life. tential signs of trouble. Senator CARPER, has indicated he will Sadly, suicide takes the lives of over Part of this process is not only treat- not agree with that. All other Members 4,000 children and young adults each ing the youngster, it is making parents on our side have agreed to the vote to- year. It is now the third leading cause aware of these signs so they can inter- night. It is now set for the morning. of death among 10 to 24 year olds in vene successfully and in a timely fash- I apologize to all my colleagues that America. The rate of suicide has tri- ion. Our colleges and universities are we cannot do this tonight. There are a pled from 1952 to 1995. Yet despite the struggling to address the wide range of lot of things Members have to do to- astounding statistics, we still do not problems experienced by students— night, and especially tomorrow. It fully understand what is driving so drug and alcohol problems, eating dis- would save everyone a lot of time. many young people to the extreme of orders, depression, schizophrenia, sui- I want the record to reflect that I taking their own life. cide attempts. With insufficient re- think it is unwise that that is the case. What we hope to achieve with this sources, many schools offer limited or I told my friend from Delaware I would legislation is to show them that there very cursory services to students. We indicate he is the problem with our is an answer, that suicide is not the hope to begin to change that with this having the vote earlier. way out, that there is help for what- legislation. I apologize, because I have had a ever is troubling them, and that they We hope through this legislation to number of calls from Senators on this can live lives that are full, happy, and begin to shine a light on the growing side of the aisle. We thought we were complete. problem of youth suicide. This legisla- going to be able to work that out, but A Chronicle of Higher Education sur- tion provides resources and technical we have been unable to do that. vey found that rates for depression in assistance to States to develop and im- The PRESIDING OFFICER. The Sen- college freshmen are on the rise. With- plement robust early intervention and ator from New Mexico. out treatment, the Chronicle points suicide prevention strategies across the CAMPUS CARE AND COUNSELING ACT out, depressed adolescents are at risk Nation. It also seeks to address the Mr. DOMENICI. Mr. President, I first for social failure, social isolation, overwhelming need for mental and be- want to say to Senator SMITH, I want promiscuity, self-medication with havioral health services on college you to know that since we weren’t drugs and alcohol, and suicide. That is campuses, as I have discussed. This is going to do anything today, I had gone a description of failure, not a descrip- an important bipartisan measure and a home. I don’t live very far, so it is not tion of successful living. tribute, a fitting tribute to Garrett and a terrible sacrifice. But I was in less A 2003 Gallagher’s Survey of Coun- to the faith and dedication and decency than good clothes, starting a restful seling Center Directors found that 85 of the Smith family, GORDON and Shar- evening a little early when I heard percent of counseling centers on col- on. what was going on and I decided to lege campuses are reporting an in- I again express my thanks to Senator quickly—maybe I look that way—dress crease in the number of students in DODD and Senator DEWINE. When you up and come over here, after I heard need of services. look at legislation in this body that at- you speak.

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2004 CONGRESSIONAL RECORD — SENATE S7807 Let me say to you, I am very proud of ing mother and father and a schizo- said, Don’t bother me. I already know you. I am not totally familiar with the phrenic child who perhaps are living on it is a disease. Let us find some way to bill, but I hope you will make me a co- $25,000 a year. The problem is they help. That is what I say. If your bill sponsor. I ask consent that Senator don’t have enough money to have care- does it, let’s pass it. I am on it. I would HUTCHISON be made a cosponsor. givers help them. Guess what. The in- like to pass it. The PRESIDING OFFICER. Without surance companies don’t help them ei- But we are ready to pass the most objection, it is so ordered. ther because we have a definition of significant bill to help anyone who has Mr. DOMENICI. I want to talk to the sick and illness in the insurance poli- any of the major illnesses and be sure Senate today about a very sad situa- cies that is 50 years old. They did not that the group insurance policy covers tion. I want to address these remarks know anything about mental illness. them. Thus, their parents can take at a couple of Republicans, whose So they ruled it out. them to doctors, parents can see to it names I don’t know, but I will soon, I don’t know if you know this, but al- their children get medical care rather who have holds on the most important most every group insurance policy in than the asterisk on the policy that bill that has to do with mental illness America writes coverage for cancer, says you get less or nothing if the dis- in America. I am very hopeful we can coverage for tuberculosis, and coverage ease or illness is mental illness. carve out a niche as you desire, to try for every major disease. But when it I came down here not because I want- to give some help to those who are suf- comes to mental illness, it is either ed to set aside or argue or contend that fering so much that they commit sui- stricken or it has an asterisk down at I have the most important bill. There cide, and all of the various participants the bottom. It gets significantly less were 80 Senators on this bill at one in that activity from mothers and fa- coverage, or none. time—79, bipartisan, the bill for parity. thers to doctors to counselors—every- There are parents who have given up I submit to my friend GORDON SMITH, one. I am hopeful we will get that done. on their children because they cannot who came to the floor and told us from Second, I didn’t hear anyone men- pay the bills anymore. They go look for his heart what this is all about, that tion, but I will mention to you, Sen- their children in the slums; they go you would agree and probably would ator, the doctors, the general practi- look for their children in jails, because agree wholeheartedly that all of the tioners who see thousands and thou- there are more children with mental medicines and doctors you called upon sands of our young teenage men and illness in the jails of America than in to help your son did something good. women who are most vulnerable. the hospitals to take care of the men- You probably are not bashful or regret- Maybe we need an annual crash course tally ill people. Why are they there? ful of what you paid. But how much for them because they are not seeing Because nobody takes care of them. worse would you be in your heart if you the basic signals of mental illness in Why doesn’t anybody take care of couldn’t afford it and you had an insur- their patients. I tell you, I am not a them? Because most people went broke ance policy from your business group doctor and I am not a genius, but I can trying to take care of them. and you took them to a doctor and tell you, because I have already Sitting up there at that desk is a bill they said schizophrenia isn’t covered learned, what I would look for in a pa- called parity—equal—parity of insur- because it wasn’t covered when we tient who came to me for anything so ance coverage for the mentally ill. It knew nothing about it, so we are going I could rule out whether they had de- has been cleared on that side. It came to leave it uncovered, even when we pression; so I could rule out whether out of committee. And somehow or know something about it. It is still ex- they were manic depressive, or one of other a couple of Republican Senators empt. This bill at the desk for parity is not the other serious mental illnesses. But have a hold on it. I will try to find out a big cost. People say it is going to I am afraid we are going to have to who they are and I will go beg them to break business, and insurance compa- start with some system of insisting let us pass the parity bill. But I tell nies are going to have to raise rates. that our doctors find out about it as you: If it doesn’t work, we are going to We think we know what that is going the first and biggest clearance mecha- take it up. I know the leader wants to to be. We are prepared to answer it. nism in the United States. get bills through expeditiously. But I But let me tell you, I am as capi- Having said that, I want to discuss a am going to tell him tonight, patience talist as anyone here. I am as con- little bit about the worst thing hap- has run thin and we have to get it cerned about business and business pening in the United States about men- done. It has been worked through the men and women as anyone here. But tal illness. First, Senator SMITH, you committee chaired by JUDD GREGG. He this society has a real problem when it are speaking of the effect of mental ill- has one amendment. That is great. He exempts insurance companies from ness. Because someone is a depressive, has at least told us he wants one hour. having to pay the cost of mental illness they have an illness, and the illness But others are not even letting us while they pay the cost of all other ill- may or may not lead to suicide. But know who they are, and they are hold- nesses. That isn’t right. there are five major illnesses that are ing up this bill. I saw my friend Senator REID on the mental, and any of them might cause Let me tell you what happened to floor speaking about his family and his suicide. But the most important thing America. America has the greatest father. I saw the great Senator, Sen- is all of them cause tremendous sorrow medicine, the greatest services, and the ator SMITH. I saw Senator NICKLES and tremendous grief and tremendous greatest caretaking machine for the also. I don’t have to tell you about my misunderstanding on the part of par- hearts of our people. If you have some- daughter. You all know about my ents and friends of those who have the thing wrong with your heart, they daughter. I have eight children and I disease. know how to take care of it. They will have one who has been sick since she I might say, Senators, we have at put you in a hospital. There is coverage was 13. So I know all about this. I am least moved away from the stigma and by insurance if you have group insur- glad we can afford to pay for what she everybody is at least willing to talk ance. needs. But I would feel bad if I had an about these as illnesses. Everyone is In the meantime, the tests, the insurance policy and it covered every- talking about how do we help rather knowledge, the information about body else in my family for diabetes and than how do we hide. heart conditions gets a lot of resources. a heart condition and didn’t cover her. Everyone is talking about getting Clinics are built and hospitals are built I think we have to pass the bill. I am these people who have symptoms to a because there are resources because really tired. When it comes to pushing, good doctor so they can get both dis- heart is covered by insurance. I am probably as easy a pushover as cussions going and medicines that are We take care of our hearts and we anyone around, so I just let it go by. It so helpful. Everybody is talking about fail to take care of our heads, our will come up someday. But I am saying that. But, my friends, the real problem brains. We take care of our heart and it is going to get passed in this Senate is all children with these diseases are spend money on it, and we will not before we get out of here. not the fortunate children of that Sen- spend anything on mental illnesses. It I am going to tell our leader he has ator. They are the unfortunate chil- is no longer a joke. It is no longer a been patient with me. We weren’t going dren of poor people, of people who stigma. Everybody around knows. Our to do anything until it got out of com- make a little bit of money, with a lov- President, as recently as 6 months ago, mittee. We told you that. We worked

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7808 CONGRESSIONAL RECORD — SENATE July 8, 2004 hard and long to get it out of com- The PRESIDING OFFICER. The Sen- I thank the Senator. I turn back his mittee. It took a long time. ator from Oregon. time to him. Now it is sitting at that desk. We are Mr. DOMENICI. I yield to the Sen- Mr. DODD. Will the Senator yield? taking up all kinds of things while we ator from Oregon. Mr. DOMENICI. Let me make an ob- are not able to send a signal to the 71⁄2 Mr. SMITH. Mr. President, I ask servation and I will yield. million or 8 million parents who need unanimous consent that Senator When one is involved in an issue such this bill, who need some indication DOMENICI be added as an original co- as this for 15 years, as I have, you go to that we care, that we are not going to sponsor of the Garrett Lee Smith Me- a lot of meetings. You go to a lot of have an insurance policy that covers morial Act, along with Senator meetings with mothers and fathers, our heart and not an insurance policy CORZINE and my colleague Senator with groups of those who are mentally that covers our brain. WYDEN, from Oregon, and Senator ill. We hear the saddest stories one That is what the issue is about. Can HATCH, who have also requested they could ever imagine. you imagine a country as great as ours be added as original cosponsors. I remember a gentleman and his wife saying, Well, when we first started The PRESIDING OFFICER. Without came up to me and said: We have two writing health insurance policies we objection, it is so ordered. children. didn’t know that schizophrenia was a Mr. SMITH. Mr. President, I say to I asked: Where are they? disease. We did not know manic depres- my friend, the Senator from New Mex- She looked up at him as if, Should we sion was a disease. We did not know se- ico, in the darkest of hours after my tell him? He was a CPA, very proud. vere depression was a disease. son’s death, his call was one of the She said: Tell him. He said: Senator, We go through the years and we find most important that I received because out these illnesses are diseases, but we don’t know where our two children he has struggled with his daughter. He are. Well, we think they are in the since they weren’t originally known to has now spoken here with a passion on be a disease, we are going to let group slums of some city or in the jails of mental health issues so that I think all some city. insurance policies continue to exempt America better understands, if they lis- them. I said: What are you talking about? tened to him. He said: Well, they are both sick with Now we know. There is no one, I say PETE DOMENICI of New Mexico was schizophrenia and we don’t have any to my friend Senator DODD, who has the first person who said to me that more money to pay for them. We are been a greater help on discussing the my son had an illness that I could not broke. issue of whether these dread mental ill- fix. My son had an illness not unlike I said: Do you have insurance? nesses I have just enumerated are ill- leukemia or cancer or congestive heart nesses or diseases. Yet we let insurance failure; that it was, in fact, a lethal ill- He said: Oh, we have a lot of insur- companies continue to write policies as ness and not to beat myself up about it. ance, but the insurance doesn’t cover if we did not know it was a disease. I beat myself up, anyway—I still do— our kids’ illnesses. So we spent every- From my standpoint, I will do any- wondering, would have, could have, thing we had and then they got ar- thing in any area that will help us help rested because they did not act right. should have, but PETE DOMENICI helped those with mental illness. If you have a this Senator to go back to work, to They don’t act right. They do every- bill that will help prevent suicide, I am thing strange. They steal; if they see for it. But I can state that if we do not find joy again in living, and to share with him the passion that comes from these little carts, they steal hotdogs. have a bill that forces group insurance Maybe somebody arrested them for policies to cover mental illness as suffering and the understanding that comes from a loved one who is beyond that and put them in jail. other illnesses, the effect of the suicide When people start telling these sto- bill is going to be minimized to the ex- rational reach. I have come to believe that it is true, ries, it is not an accident, they did not tent that parents cannot afford what tell of a one-time event. You know they need. what PETE DOMENICI taught me in my darkest hour; that is, that mental there has to be a lot more, right? You Mr. REID. Will the Senator yield? run into one in your own constitu- Mr. DOMENICI. I would be pleased to health is just as real a problem as physical health and that we need to ency—if you start running into one, yield. two, or three problems that had to do Mr. REID. On our side, as the Sen- learn more about it. We need more pro- with your mail, you would come home ator knows, we have pushed very hard fessionals trained about it; we need and ask: What is wrong with the mail? for this bill authored by you and the more focus on it. It has ramifications You don’t say: What is wrong with the late Senator Paul Wellstone. It was an for business that result in lost letter that came from HARRY REID that odd couple, Wellstone-Domenici, but it worktime, no-shows, layoffs, family you didn’t answer, but you know some- was one bound with friendship. The two tragedies. thing is wrong when you have two or Senators found a place where they With a little bit of intervention, a three people telling you, for a couple of agreed and they went to all ends to little more compassion, we can get days, about this thing that I just de- make sure that legislation passed. ahead of this and begin to treat it as As the Senator told me when I was we might other diseases. scribed. talking a few minutes ago, we need to I admit, we have a lot more to learn. It is a big problem. I can tell you do this for a lot of reasons, but one is My bill, our bill, does not include par- there is no reason it has to be. to respect the memory of Paul ity. My bill is a start. My bill is a slice Last, there are no shelters. There is Wellstone. of the problem. The Senator from New nobody in the business of providing fa- On our side, we would be willing to Mexico is right. His bill takes on the cilities because there is no money to take up that bill and spend 1 hour. We whole problem in a way that ulti- pay for anything, right? If money flows will do it at midnight, 6 o’clock in the mately we need to resolve as a Con- from the back of a mentally ill per- morning. One hour is all we want. We gress and as a country. son—there is a little knapsack on him will only take 30 minutes of that hour. I thank Senator DOMENICI for listen- that says ‘‘insurance’’—if it flows from I want everyone to understand, on our ing to me, for putting his clothes back him, it will flow to businessmen who side, we want 30 minutes. If that is too on, for coming back on down here, might build these kinds of facilities. much time, we will cut it down. sharing with me, with all of America But nobody is going to do that because Does the Senator understand we will who care about this issue, that this there are no resources. do everything? Everyone knows we problem is bigger than my bill address- So with that, instead of yielding to have worked closely together for so es, our bill addresses, but it is legis- my wonderful friend, Senator DODD, I many years on appropriations. What lating within the realm of the possible. am just going to yield the floor. the Senator has done on this mental It is a good beginning, an important I yield the floor. health parity will go down in the his- beginning. Perhaps it is aimed at just The PRESIDING OFFICER (Mr. COR- tory books. We need to make sure it the most vulnerable among us, and NYN). The Senator from Connecticut. passes, and the history books have that is our youth who need a little Mr. DODD. Mr. President, I was going something definitive, not a matter more help than we have been giving as to ask my colleague to yield, but he only initiated. a country. has spoken eloquently enough. I was

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2004 CONGRESSIONAL RECORD — SENATE S7809 just going to once again thank him and hope sooner rather than later—but I Those with depression are locked up alone Nancy, his lovely spouse, as well, who want my friend from New Mexico to to contemplate suicide. I guess you get the have been real champions on this issue know: Don’t you ever doubt for a single picture. for as long as I have been here, almost second this is not going to get done. It That is a direct quote. a quarter of a century. may not be today and it may not be to- Carol Carothers, who directs the I was thinking of the number of morrow or next week, but I promise Maine chapter of the National Alliance times, in my own public service of now you that before long—hopefully before for the Mentally Ill, says: almost 30 years, that I have been with this session ends, if not sooner—we are Surely we would not dream of placing a audiences—50 people, 100 people, 200 going to get this legislation passed, child with another serious illness, like can- people—talking about this subject mat- and we are going to give the President cer for example, in a juvenile detention cen- ter. I oftentimes will turn to the audi- an opportunity to sign it into law to ter to await a hospital bed or community ence and say to the audience: I want begin to make a difference for the peo- based treatment. It is outrageous that we do this to children with mental illness. any of you here who have not been af- ple in this country. So then I can not fected by this issue to raise your hand. only ask the question to those audi- So I say to my distinguished friend If there is someone in the audience out ences in my own State, ‘‘Is there any- from New Mexico, thank you for com- here who has not had a father or a one who has not been affected by this?’’ ing down today and enlarging this de- mother or a sister or a best friend or a but I can ask, ‘‘Is there anybody who bate. It needs to be enlarged. We so be- cousin who has been affected by one cannot get help?’’ because we have in- lieve that we need to pass Senator form of mental illness or another, just sisted the insurance companies and SMITH’s legislation that I proudly co- raise your hand. I am curious to know others start treating this condition as sponsor. But we also have to move to if there is anybody here who has not if it were any other ailment people can the next step because the next step is been touched by this issue. I have get coverage for and their families get just as important, if not more so, be- never, in my 30 years of public service, protection. cause it includes so many more people. in my home State of Connecticut, when Once again, I thank my friend from The Senator from New Mexico is I have ever raised this issue, ever had Oregon, and I thank his lovely wife known for a lot of things, but his re- anybody raise their hand—in 30 years. Sharon and their family for their cour- sume will never have anything on it Everyone—every single American—has age and their willingness to share with more important. I repeat, we need to been touched by this issue. the country their feelings. get it passed. You would think, in this kind of en- There have been many moments of The PRESIDING OFFICER. The Sen- vironment, when we all understand pride when you watch a piece of legis- ator from Oregon. this issue—and we have gone through lation become law. There are very few Mr. SMITH. Mr. President, I received one of the most moving moments of my that will equal the moment we are a note from Senator HILLARY CLINTON 24 years in the Senate today, listening going to have this evening. My hope is asking that she be added as an original to the eloquent comments of my col- that we will adopt this legislation cosponsor to the Garrett Lee Smith leagues from Oregon and Nevada and named after Garrett. Memorial Act. So on her behalf, I ask Oklahoma speaking about their own The PRESIDING OFFICER. The Sen- unanimous consent that she be added personal experiences—you might think ator from Nevada. as a cosponsor. at a moment like this we would be able Mr. REID. Mr. President, one of our The PRESIDING OFFICER. Without to come together to not only deal with very able Senate staff brought to me objection, it is so ordered. the legislation that we have authored something I need to share with every- The Senator from Utah. together to deal specifically with teen- one here today. This is a report from Mr. HATCH. Mr. President, this age suicide and related issues, but we the New York Times, dated today. afternoon, I have listened to my col- might also find some time, right now, Among other things, it says: leagues speak courageously about their in the midst of this, to bring up and Congressional investigators— family members they have lost to sui- cide. My heart goes out to all of them, vote on a bill that enjoys over- This was a House committee, which I especially, my colleague and dear whelming support in this body. am sure does competent work— It would be one thing if the Senator friend, Senator GORDON SMITH. By said Wednesday that 15,000 children with psy- from New Mexico and others who have chiatric disorders were improperly incarcer- speaking openly about the cir- joined him in this matter were in a mi- ated last year because no mental health cumstances of his son, Garrett’s death, nority, but there is a majority of us services were available. he has raised awareness to the serious who believe exactly as does the Sen- This was a report. This came out yes- matter of youth suicide. I am proud to ator from New Mexico, that it is the terday. The study: be an original cosponsor of the Garrett 21st century—we are not in the 17th, . . . found that children as young as 7 were Lee Smith Memorial Act. I believe the 18th, 19th, or even 20th century—and incarcerated because of a lack of access to Senate will approve this legislation we are still treating this issue as if mental health care. More than 340 detention today due primarily to Senator SMITH’s somehow it belongs in the recesses and centers, two-thirds of those that responded courage to speak openly about his own shadows and darkness of some corner, to the survey, said youths with mental dis- family’s experience. despite the fact that almost every sin- orders were being locked up because there This legislation is necessary because gle one of our fellow citizens under- was no place else for them to go while await- it raises awareness of the alarmingly stands this issue because they have ing treatment. Seventy-one centers in 33 high rate of youth suicide—it is much states said they were holding mentally ill confronted it very directly in their own youngsters with no charges. higher than most would believe. Sui- homes and in their own neighborhoods. The 15,000 youths awaiting mental health cide is the third leading cause of death Yet we can’t seem to find, as the Sen- services accounted for 8 percent of all young- for young people aged 15 to 24, and the ator from Nevada has suggested, the 15, sters in the responding detention centers. fourth leading cause of death for chil- 20, 30 minutes or an hour to give us a Dr. Ken Martinez of the New Mexico De- dren between 10 and 14. My own State chance to vote. Maybe people will want partment of Children, Youth and Families of Utah is ranked among the top 10 to vote against it. If they do, that is said the data showed ‘‘the criminalization of states in the nation for suicide. mental illness’’ as ‘‘juvenile detention cen- their business. But I believe there is a ters have become de facto psychiatric hos- I cosponsored this bill because it pro- majority of us who would like to see pitals for mentally ill youth.’’ vides grant funding to states so each this get done. Mental health advocates, prison officials, may develop a youth suicide and inter- So I want to say to my friend from and juvenile court judges all testified and vention strategy through the adminis- New Mexico, who I have worked with recommended three types of solutions. . . . trator of the Substance Abuse and on this issue—and I appreciate our col- The main one is ‘‘more extensive in- Mental Health Services Administration league from Nevada raising the name surance coverage.’’ in order to prevent teen suicide. This of Paul Wellstone, who was a great Just a couple more things from this money may be used to develop state- champion of this issue as well during same report. wide early prevention and suicide his service in the Senate—that I don’t In Tennessee, a juvenile detention intervention strategies in schools, edu- know when this is going to happen—I center administrator said: cational institutions, juvenile justice

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7810 CONGRESSIONAL RECORD — SENATE July 8, 2004 systems, substance abuse programs, The PRESIDING OFFICER. Without ship some ample time over the week- mental health programs, foster care objection, it is so ordered end to see if they can’t fashion a com- programs and other child and youth Mr. DODD. Mr. President, I do not promise which would allow for the con- support organizations. know if there is any further discussion sideration of a number of amendments, The bill also creates a federal Suicide on this subject matter. If not, I want to both relevant and nonrelevant, as is Technical Assistance Center to provide move back to the subject matter of the the normal course of Senate business. guidance to state and local grantees on bill. Then we would come to a final vote and establishing standards for data collec- I see my colleague from New Mexico. go to conference on the class action re- tion and the evaluation of this data. Mr. DOMENICI. Mr. President, I ask form act. Finally, this legislation provides grant if I might speak for a minute. I thought the decision to invoke clo- funding to colleges and universities to Mr. DODD. Mr. President, I am glad ture was one that was made last establish or enhance their mental to yield to my colleague. evening out of frustration because we health outreach and treatment centers The PRESIDING OFFICER. The Sen- were not getting very far with the class and improve their youth suicide pre- ator from New Mexico. action reform bill. We began Tuesday vention and intervention programs. Mr. DOMENICI. Mr. President, I night, but there were no votes that I became deeply interested in this want to say that the parity bill, which evening. On Wednesday morning, be- issue when I found out that my home is now at the desk, had to go through fore any amendments were offered at State of Utah suicide rates for those a standing committee. Senator KEN- all, the majority leader filled the ages 15 to 19 have increased almost 150 NEDY is the ranking member of that amendment tree, precluding any percent in the last 20 years. According committee, I say to Senator DODD. I amendments from being offered with- to the CDC, in the mid-1990s, Utah had thank him because he was pushing very out getting his approval. Then Wednes- the tenth highest suicide rate in the hard for a long time that we get that day night, the decision was made to country and was 30 percent above the bill taken care of. It took a long time, file cloture. U.S. rate. This is one statistical meas- but it is out now, and it is in a form ure on which I want to see my state at that very few can object to. I am looking at a piece of cor- the bottom. So I say thank you to Senator DODD respondence dated July 6, the day be- Teen suicide is an issue that is rap- and Senator REID for giving me the re- fore the decision to invoke cloture, idly becoming a crisis not only in my assurance that we are going to get it from the National Association of Man- State of Utah but throughout the en- done. I cannot believe we are so inept ufacturers. In his letter to all 100 Sen- tire country. Young people in the that we cannot. I will, because of to- ators—dated July 6, not July 7—he United States are taking their own night, reinstate my dedication, and we notes a cloture vote will occur and that lives at alarming rates. The trend of will get it done before the session is it is going to be considered a vote that teen suicide is seeing suicide at young- over for sure. will be scored on their annual legisla- er ages, with the United States suicide The PRESIDING OFFICER. The Sen- tive report card. rate for individuals under 15 years of ator from Connecticut. I ask unanimous consent to print the age increasing 121 percent from 1980 to Mr. LEVIN. Will the Senator from letter in the RECORD. 1992. Connecticut yield? Suicide is the second leading cause of There being no objection, the mate- Mr. DODD. I am happy to yield. rial was ordered to be printed in the death among college students. In a 1997 Mr. LEVIN. Mr. President, I ask RECORD, as follows: study, 21 percent of the nation’s high unanimous consent that I be added as JULY 6, 2004. school students reported serious an original cosponsor of the Garrett thoughts about attempting suicide, Lee Smith Memorial Act. DEAR SENATOR: On behalf of the 14,000 with 15.7 percent making a specific The PRESIDING OFFICER. Without member companies of the National Associa- tion of Manufacturers (NAM), including plan. Although numerous symptoms, objection, it is so ordered. diagnoses, traits, and characteristics more than 10,000 small and medium-sized Mr. DODD. Mr. President, I want to manufacturers, I urge you to vote for S. 2062, have been investigated, no single fact let my colleagues know what I am or set of factors has ever come close to the Class Action Fairness Act; vote in favor going to do at the end of these re- of cloture; and vote against all amendments predicting suicide with any accuracy. marks. So that there will be no sur- except managers’ amendments. We need to understand what the bar- prises, I am going to ask unanimous riers are that prevent youth from re- Created for the purpose of efficiently ad- consent that the anticipated vote on dressing large numbers of similar claims, far ceiving treatment so that we can fa- cloture that is going to occur later too many class action lawsuits are brought cilitate the development of model solely for settlement value and fees as op- treatment programs and public edu- today or tomorrow morning be vitiated indefinitely. I am not making that mo- posed to helping aggrieved consumers. The cation and awareness efforts. This bill Class Action Fairness Act would help miti- provides the funding to get these types tion yet, but I am going to make the gate the current situation by giving federal of initiatives started. motion. I want to give them notice so courts original jurisdiction over class action Again, I am proud to be an original they can find someone here who may lawsuits where diversity of citizenship oc- cosponsor of this legislation and I com- want to object. I am going to make the curs and by creating a ‘‘Bill of Rights’’ for class members to stem the most flagrant mend my colleague, Senator GORDON motion because my view is that we abuses of the current system. Federal courts SMITH for his commitment and dedica- have worked long and hard on getting more consistently decide when class actions tion on this matter. I know it is such a this class action reform bill done. This bill is not perfect, but it is a reasonable should be allowed, and these courts are bet- difficult subject for him but his open- ter equipped to deal with complex cases in- ness today will make a difference to- bipartisan compromise that will re- volving interstate commerce fairly and effi- morrow. form the nation’s class action system. ciently. The current system allows plaintiff- In fact, I believe our floor discussion Having worked on this legislation friendly jurisdictions to unduly influence na- today on the Garrett Lee Smith Memo- last fall with a number of my col- tional policy through litigation. rial Act has already made a difference leagues, we now find ourselves in the S. 2062 does not make any changes to sub- because families who have lost some- middle of July dealing with this issue. stantive law. Rather, it is a reasonable re- one to suicide now know that they are I still have never received an adequate sponse to an unanticipated problem with the not alone. And, if one life is saved be- explanation of why this matter was not federal rules of judicial procedure and simply cause of our consideration of this bill brought to the floor in January, Feb- reinforces the intent of the Founders that ruary, March, April, or any point ear- lawsuits involving litigants from different today, we have done our job. states should be heard in federal court. The The PRESIDING OFFICER. The Sen- lier. Why we waited until as late as we NAM believes that this bipartisan legislation ator from Connecticut. have to bring up an issue that has been will increase judicial efficiency and provide a Mr. DODD. Mr. President, I might as important as this makes little sense. forum better suited to adjudicating complex add, I think Senator KENNEDY as well But my plea to the leadership, par- class action litigation. wants to be added as a cosponsor. I ask ticularly the majority leader, is to not Votes for cloture and in favor of S. 2062, unanimous consent that Senator KEN- insist upon this cloture vote right now. the Class Action Fairness Act, and against NEDY be added as a cosponsor. Instead, I would like to give the leader- any weakening amendments (including those

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2004 CONGRESSIONAL RECORD — SENATE S7811 that would endanger final passage), substi- others who are interested a chance minimum wage. Senator CRAIG of tutions or motions to recommit will be con- over the next several days to see if Idaho has an issue dealing with immi- sidered for designation as Key Manufac- they can’t come up with a formulation gration and joblessness which enjoys turing Votes in the NAM voting record for the 108th Congress. that will allow for the consideration of the cosponsorship of three-quarters of Sincerely, several amendments under time agree- the Members of this body and the sup- JERRY JASINOWSKI, ments. That ought to be the way we port of the White House. We can’t get President. proceed, rather than abandoning this it to the floor of the Senate. We have Mr. DODD. My point is, I would have effort. the provisions offered by our colleagues thought this letter might have been I am told the next two issues to be from Hawaii who are seeking some sup- dated on July 7, not the day before the brought up—and the minority whip can port for legislation that is critically decision to invoke cloture. It raises correct me if I am wrong—are a con- important to their State. I mentioned some suspicion that maybe the inten- stitutional amendment on gay mar- the minimum wage. I mentioned men- tion was all along to file cloture and riage and a flag-burning constitutional tal health parity. These are only some not to give us a chance to go through amendment, neither of which have any of the issues. the normal processes of debate and chance of passage in this body. I don’t On the question of importation of amendments. believe anyone agrees there is any drugs, we are constantly being told Apparently the fix was in even before chance of them becoming the law of that matter is going to come to the we started, which indicates to this Sen- the land. Yet we are going to shove Senate floor for debate. Yet we are ator that the intention was never to class action reform, based on the deci- finding all of these issues being scut- get to this bill. There were numerous sion of the majority leader, off the tled, including class action reform, to meetings over the last several. One of table, maybe permanently, in order to the sidelines so we can deal with a cou- the things we talked about was the im- consider two matters that have no ple of issues that have limited support portance of setting aside an adequate chance of being adopted whatsoever. in this Chamber and I think marginal amount of time for the full consider- If that is in fact the situation, then support if people thought about them ation of this bill. those who have been such strong sup- out across the country. The Democratic leader offered a pro- porters of this proposal outside of this So I am disappointed by the prior- posal of limiting several nongermane Chamber ought to understand what the ities here. I realize the majority has amendments and a limited number of game is. As I have often said, I was the right to set the agenda; it is their relevant amendments. The majority born at night, but not last night. I business to set the agenda. The major- leader countered and offered to have think I understand what is going on ity party controls this Chamber, they even fewer nongermane amendments here. Maybe all this time was only a control the other body, and they con- and an unlimited amount of germane game to bring the issue up with the full trol the White House. They set the or relevant amendments. I was mys- knowledge that once you close the op- agenda. They have decided that the tified by that offer because had it been portunity for further amendments, you agenda—America’s agenda—ought not accepted, we could have spent weeks on are then guaranteeing the outcome we to be class action reform, ought not to this bill without ever invoking cloture are about to have. be mental health parity, ought not to if we had had hundreds of amendments I am terribly disappointed, after a lot be the minimum wage, ought not to be filed that were germane to the under- of time being spent on this effort, that immigration reforms, which the Latino lying bill. we have come to this particular mo- and Hispanic community and agri- I am convinced there is still a formu- ment. We just listened to the eloquent businesses care about so much, and lation of germane/nongermane amend- comments of our colleague from Or- ought not to be the legislation offered ments that would allow us to consider egon on legislation that will be adopted by my colleague from Hawaii. Instead, those in a relatively expedited fashion later this evening or next week dealing it ought to be gay marriage and flag and then get to final passage of the with teenage suicide. We have listened burning, neither of which have any class action reform bill. My plea will to the Senator from New Mexico, Mr. chance of being adopted by this body. be at the appropriate time that we viti- DOMENICI, who has worked for 15 years My colleagues know full well con- ate the cloture vote, let the leaders on trying to achieve parity in the pro- stitutional amendments require super- over the weekend see if they can’t visions providing coverage for people majorities in order to leave here for come up with some formulation on with mental illnesses. There is a sig- consideration by the various States. amendments, and then next week or so nificant majority of us in this body I see the presence of a colleague on to return to the legislation. who believe that legislation ought to the other side. I wanted to make sure It is a great travesty that we are be adopted and then sent to the House someone was here before I make a going to abandon this bill many of us for their consideration. They may re- unanimous consent request. have worked long and hard on because ject it. It may not be adopted in con- I ask unanimous consent that the a small minority are unhappy over the ference, but we owe those who have motion to invoke cloture, scheduled for possibility that we might consider as fought long and hard a chance to vote tomorrow morning, be vitiated indefi- amendments several proposals that on these measures. Certainly the nitely, and that the reason for doing it enjoy broad support in this institution. American public might be more im- is to give the leadership an opportunity I realize that can be difficult. But pressed with the Senate if we were to to try to formulate a structure that nonetheless, it seems to me you don’t deal with the issue of mental health will allow for the consideration of the shut down the underlying bill entirely rather than with the issue of gay mar- class action reform bill in some man- because there are some proposals that riage or flag burning. ner that we can all endorse, support, may be offered that are unappealing to Literally thousands of cases, I am and allow us to get to that issue. I only a handful. Yet that is the situa- told, by people out there are being filed make that request. tion in which we find ourselves. in State courts when they belong in The PRESIDING OFFICER. Is there For those who have worked on this, Federal courts. I am a strong supporter objection? we are about to miss this opportunity, of that effort. Are people here to tell Mr. CHAMBLISS. Mr. President, I re- maybe not only for this Congress but me the flag-burning amendment and a spectfully object. for many years to come. That can hap- gay marriage constitutional amend- The PRESIDING OFFICER. Objec- pen. I have been around here long ment are more important than dealing tion is heard. enough to know if you don’t strike with reforming the class action system The Senator from Michigan is recog- when the iron is hot, you may lose the or the issue of mental health parity? I nized. opportunity for a long time down the hate to see what the outcome would be SENATE INTELLIGENCE COMMITTEE REPORT road. if I polled the American public what Mr. LEVIN. Mr. President, tomor- I appeal to the majority leader, who they felt about the priorities of the row’s report of the Senate Intelligence filed the cloture petition last evening, Senate so close to the election. Committee will be intensely and exten- to vitiate that cloture motion. Give What issues would America like to sively critical of the CIA for its intel- himself, the Democratic leader, and see us address? We have the issue of the ligence failures and mischaracteri-

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Earlier today I released an exam- ond half of the CIA’s now unclassified NEW CIA RESPONSE RAISES QUESTION AGAIN: ple of the other half. assessment that ‘‘although we cannot WHERE DOES VICE PRESIDENT CHENEY GET A few days ago the CIA finally an- rule it out, we are increasingly skep- HIS INFORMATION? swered, in an unclassified form, the tical that such a meeting occurred.’’ On July 7th, I finally received an unclassi- question I have been asking them The Vice President also omits the fied answer to a Question for the Record that about whether the Intelligence Com- key CIA statement: I had posed to Director of Central Intel- munity believes that a meeting be- In the absence of any credible information ligence George Tenet after he appeared be- tween an Iraqi intelligence official and that the April 2001 meeting occurred, we as- fore the Armed Services Committee on sess that Atta would have been unlikely to March 9, 2004. I am releasing this response Mohamed Atta, one of the 9/11 hijack- today, because it is further evidence that ers, occurred in Prague in the months undertake the substantial risk of contacting any Iraqi official as late April 2001, with the Vice President Cheney has and continues to before al-Qaida’s attack in America on plot already well along toward execution. misstate and exaggerate intelligence infor- 9/11. The answer of the CIA illustrates mation to the American public. This pattern, In summary, the CIA says there is no the point that tomorrow’s Intelligence the record of which has continued to grow credible evidence that the meeting oc- Committee report is extremely useful over time suggests that Vice President Che- curred, and it is unlikely that it did regarding the CIA’s failure, but it does ney is getting his intelligence from outside occur. The American public was led to of the U.S. Intelligence Community. In Feb- not address another central issue—the believe before the Iraq war that Iraq ruary I asked him to clarify the basis for administration’s exaggerations of the had a role in the 9/11 attack on Amer- some of his statements, but he has not yet intelligence that the CIA provided to ica, and that the actions of al-Qaida responded to my request (letter attached). I them. That is left for the second phase and Iraq were ‘‘part of the same am therefore left to continue wondering of the Intelligence Committee’s inves- what his sources are. threat,’’ as Deputy Secretary of De- tigation. ALLEGED ATTA MEETING IN PRAGUE This newly released, unclassified fense Paul Wolfowitz has put it. Well, it was not the CIA that led the Vice President Chency persists in his rep- statement by the CIA demonstrates resentation that a leader of the 9/11 hijack- public to believe that; it was the lead- that it was the administration, not the ers, Mohammed Atta, may have met with an ership of this administration. CIA, that exaggerated the connections Iraqi intelligence official in Prague in April, Mr. President, I ask unanimous con- between Saddam Hussein and al-Qaida. 2001. When asked on Meet the Press on De- sent that four documents, which I re- The new CIA answer states that the cember 9, 2001 about possible links between ferred to in the body of my remarks, be Iraq and the 9/11 attacks, he claimed that the CIA finds no credible information that printed in the RECORD at this point. April Atta meeting was ‘‘pretty well con- the April 2001 meeting occurred and, in There being no objection, the mate- firmed.’’ His subsequent statements on the fact, that it is unlikely that it did rial was ordered to be printed in the Prague meeting have been more qualified, occur. but he continues to present the alleged meet- RECORD, as follows: A bit of history. On December 9, 2001, ing as if it were something about which Tim Russert asked the Vice President RESPONSE OF DIRECTOR OF CENTRAL INTEL- there wasn’t enough information to make an LIGENCE GEORGE TENET TO SENATOR LEVIN informed judgment, i.e., it may have hap- whether Iraq was involved in the Sep- QUESTION FOR THE RECORD, MARCH 9, 2004, tember 11 attack. The Vice President pened, or we don’t know that it didn’t hap- ARMED SERVICES COMMITTEE HEARING pen. Most recently, on June 17, he wrapped replied: Question 8. Director Tenet, do you believe the suggestion in the following verbal pack- It’s been pretty well confirmed that he it is likely that September 11 hijacker Mu- age: ‘‘We have never been able to confirm [Mohamed Atta] did go to Prague and he did hammad Atta and Iraqi Intelligence Service that, nor have we bee able to knock it down, meet with a senior official of the Iraqi intel- officer Ahmed al-Ani met in Prague in April we just don’t know . . . I can’t refute the ligence service in Czechoslovakia last April, 2001, or do you believe it unlikely that the Czech claim, I can’t prove the Czech claim, I several months before the attack. meeting took place? just don’t know. . . . That’s never been prov- Vice President CHENEY also said in Answer. Although we cannot rule it out, en; it’s never been refuted.’’ his interview with CNBC on June 17 of we are increasingly skeptical that such a This characterization does not fairly rep- meeting occurred. The veracity of the single- this year that the report from the resent the views of the Intelligence Commu- threaded reporting on which the original ac- nity. I have long been award of this dif- Czechs was evidence that Iraq was in- count of the meeting was based has been ference, and have pressed the Central Intel- volved in the 9/11 attacks. In his inter- questioned, and the Iraqi official with whom ligence Agency (CIA) to declassify their view with the Rocky Mountain News Atta was alleged to have met has denied ever views on whether they believe this meeting on January 9 of this year, the Vice having met Atta. took place. Finally, a few days ago, they pro- President also said that the alleged We have been able to corroborate only two vided a public, unclassified response to that meeting between the hijacker, Atta, visits by Atta to the Czech Republic: one in question. and an Iraqi intelligence official in late 1994, when he passed through enroute to The CIA stats publicly, for the first time, Syria; the other in June 2000, when, accord- that they lack ‘‘any credible information’’ Prague a few months before 9/11 ‘‘pos- ing to detainee reporting, he departed for the that the alleged meetin took place. They sibly tied the two together to 9/11.’’ United States from Prague because he note that the report was based on a single President Bush frequently exagger- thought a non-EU member country would be source whose ‘‘veracity . . . has been ques- ated the overall relationship between less likely to keep meticulous travel data. tioned,’’ and that the Iraq intelligence offi- al-Qaida and Saddam Hussein. For in- In the absence of any credible information cial who was purportedly involved and who is stance, on the deck of the aircraft car- that the April 2001 meeting occurred, we as- now in our custody denies the meeting took rier, President Bush stated: sess that Atta would have been unlikely to place. Further, they assess that Atta is ‘‘un- undertake the substantial risk of contacting likely’’ to have ever sought such a meeting The liberation of Iraq is a crucial advance any Iraqi official as late as April 2001, with because of the substantial risk that it would in the campaign against terror. We have re- the plot already well along toward execu- have involved. The full CIA response is at- moved an ally of al-Qaida. tion. tached. Now, relative to the alleged Prague It is likewise hard to conceive of any single As we learned Tuesday, the 9/11 Commis- meeting itself, Vice President CHENEY ingredient crucial to the plot’s success that sion reviewed all of the intelligence, includ- continues the misleading rhetoric by could only be obtained from Iraq. ing investigations by both U.S. and Czech of- stating that we cannot prove one way In our judgment, the 11 September plot ficials, and indeed all of the intelligence that or another that the so-called Prague was complex in its orchestration but simple the Vice President received, and stands by in its basic conception. We believe that the its conclusion that the meeting did not meeting occurred. Vice President CHE- factors vital to success of the plot were all occur. NEY said on June 17 on CNBC: easily within al-Qa’ida’s means without re- The CIA and 9/11 Commission staff state- We have never been able to prove that sort to Iraqi expertise: shrewd selection of ments are not equivocal; while it is impos- there was a connection there on 9/11. The one operatives, training in hijacking aircraft, a sible to disprove a negative, after a system- thing we had is the Iraq—the Czech intel- mastermind and pilots well-versed in the atic and thorough review of the evidence it is ligence service report saying that Mohamed procedures and behavior needed to blend in their judgment that the meeting was un- Atta had met with a senior Iraqi intelligence with US society, long experience in moving likely or did not take place. However, the

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2004 CONGRESSIONAL RECORD — SENATE S7813 Vice President continues to simply claim weeks ago. That’s your best source of infor- intercept and prevent him from acquiring that the evidence is some how ambiguous or mation.’’ through this particular channel, the kinds of unclear, and leaves out the conclusion of the The article to which Vice President Che- tubes that are necessary to build a cen- CIA. On June 17, Vice President Cheney said ney astonishingly enough referred as the trifuge. . . . But we do know, with absolute that ‘‘we just don’t know’’ whether the meet- ‘‘best source of information’’ says it was certainty, that he is using his procurement ing took place. He went further to suggest based on a leaked Defense Department Top system to acquire the equipment he needs in that the report has ‘‘never been refuted,’’ but Secret/Codeword document. Aside from the order to enrich uranium to build a nuclear acknowledged that the only piece of evidence sense of wonder that is engendered when the weapon.’’ he’d ever seen to support an Iraq connection Vice President seems to confirm highly clas- There was a fundamental debate within the to September 11 was ‘‘this one report from sified leaked information by calling it the Intelligence Community before the war as to the Czechs.’’ This is the one report from the ‘‘best source’’ of information, the Intel- the intended purpose of the aluminum tubes single source that the CIA now publicly ac- ligence Community did not even agree with that Iraq was trying to import. The Depart- knowledges has been called into question. the Defense Department document on which ment of Energy, the Nation’s foremost nu- Earlier this year in a January 9, 2004 inter- the Weekly Standard article was purportedly clear weapons experts, and the State Depart- view with the Rocky Mountain News, Vice based. On March 9th, when I asked Director ment’s Bureau of Intelligence and Research, President Cheney said that, after the initial Tenet, the Director of Central Intelligence, did not believe the aluminum tubes were for Czech report of a meeting, ‘‘we’ve never been about Vice President Cheney’s comments, al- centrifuges to make nuclear weapons. In- able to collect any more information on legedly based on the classified Defense De- stead, they believed they were for conven- that.’’ But again, this is simply not true: the partment document, he said that the CIA tional artillery rockets. But Vice President 9/11 Commission lays out information that ‘‘did not agree with the way the data was Cheney did not acknowledge any division was gathered by the FBI that places Atta in characterized in that document.’’ He also within the Intelligence Community. He stat- the United States during the week of the al- said that he would speak to Vice President ed that the U.S. knew ‘‘with absolute cer- leged meeting in Prague, and the CIA clearly Cheney, to tell him that the Intelligence tainty’’ that Iraq was trying to obtain the had information about the unreliability of Community had disagreements with the De- tubes for nuclear weapons purposes. the source as well as the refutation by the fense Department document. Tomorrow the CIA will be properly called other purported party in the meeting. The document in question was prepared by to account for their failures expressed in In his numerous public statements Vice Under Secretary Feith. It was very similar Phase I of the Intelligence Committee re- President Cheney has not been reflecting the to the series of briefings that Under Sec- port. Phase II will follow, regarding the pol- view of the Intelligence Community on the retary Feith had provided to Secretary of icymakers’ use of intelligence. issue of the Atta meeting. On what informa- Defense Rumsfeld, then to Director Tenet The CIA’s belated public acknowledgment tion has the Vice President been relying? and the CIA, and finally to the staffs of the to my earlier question that the Intelligence Outside of the Intelligence Community, Office of the Vice President and the National Community has no credible evidence of an the only other U.S. government source of in- Security Council in the summer of 2002. Iraqi-al Qaeda meeting in April 2001 drama- formation I know on the Iraq-al Qaeda con- OTHER EXAMPLES OF EXAGGERATION BY VICE tizes the need for that Phase II review. nection, including the alleged Atta meeting PRESIDENT CHENEY in Prague, is the Office of Under Secretary of Unfortunately, these are not the only cases FUNDAMENTAL PROBLEMS WITH HOW INTEL- Defense for Policy Douglas Feith. Under Sec- where the Vice President, as just one key LIGENCE COMMUNITY IS ASSESSING INFORMA- retary Feith has acknowledge that his office Administration spokesman, has exaggerated TION provided information to Vice President Che- or misstated the intelligence on issues re- Application of a standard that it would not ney’s office on these matters. lated to Iraq. In fact, they are just two ex- normally obtain: IC does not normally re- In the summer of 2002, Under Secretary amples of a consistent pattern of such exag- quire juridical evidence to support a finding. Feith prepared several versions of a classi- geration where the policymakers—not the Consistent underestimation of importance fied briefing on the Iraq-al Qaeda relation- CIA—were the exaggerators, before and after that would be attached by Iraq and al Qaeda ship. The briefing was given first to Sec- the start of the war, and continuing up to to hiding a relationship: Especially when retary of Defense Rumsfeld, then to Director the present. There are others. operational security is very good, ‘‘absence Tenet and the CIA in August, and finally to of evidence is not evidence of absence’’. IRAQ’S MOBILE BIOLOGICAL WEAPONS VANS the staffs of the Office of the Vice President Assumption that secularists and Islamists (OVP) and the National Security Council As late as January 22, 2004, Vice President will not cooperate, even when they have (NSC) in September. The version of the brief- Cheney said to National Public Radio that common interests. ing given to Vice President Cheney’s staff in- ‘‘we know for example that prior to our cluded three slides that were not included in going in that he had spent time and effort U.S. SENATE, the version given to the CIA. acquiring mobile biological weapons labs, COMMITTEE ON ARMED SERVICES, One of those slides, which has since been and we’re quite confident he did, in fact, Washington, DC, February 12, 2004. declassified at my request and is attached, have such a program. We’ve found a couple of The VICE PRESIDENT, was critical of the way the Intelligence Com- semi trailers at this point which we believe The White House, munity was assessing the Iraq-al Qaeda rela- were, in fact, part of that program.’’ He con- Washington, DC tionship. Under Secretary Feith has ac- cluded by saying ‘‘I would deem that conclu- DEAR MR. VICE PRESIDENT: I am writing knowledged to Armed Services Committee sive evidence, if you will, that he did in fact about two intelligence matters related to staff that he added two other slides which have programs for weapons of mass destruc- Iraq: the first concerning weapons of mass concerned the Atta meeting issue, and which tion.’’ destruction, and the second concerning al- were not part of the briefing given to the That is not what the Intelligence Commu- leged cooperation between Iraq and al Qaeda. CIA. nity believed at the time. David Kay, the On January 22, 2004, you made the fol- The two slides remain classified despite CIA’s chief inspector in Iraq said the pre- lowing comment during an interview with my request for declassification. vious October that the Iraq Survey Group National Public Radio concerning two trail- The Atta meeting is, unfortunately, not had ‘‘not yet been able to corroborate the ex- ers in Iraq: ‘‘we know for example that prior the only instance in which the Vice Presi- istence of a mobile BW [biological warfare] to our going in that he had spent time and dent appears to have relied on analysis other production effort,’’ and that it was still try- effort acquiring mobile biological weapons than that of the Intelligence Community. As ing to determine ‘‘whether there was a mo- labs, and we’re quite confident he did, in the Intelligence Committee report to be re- bile program and whether the trailers that fact, have such a program. We’ve found a leased tomorrow will indicate, the CIA intel- have been discovered so far were part of such couple of semi trailers at this point which we ligence was way off, full of exaggerations and a program.’’ believe were, in fact, part of that program. errors, mainly on weapons of mass destruc- When I asked Director Tenet about Vice . . . I would deem that conclusive evidence, tion. But it was Vice President Cheney, President Cheney’s comments, he said he had if you will, that he did in fact have programs along with other policymakers, who exagger- spoken to him about it, to tell him that was for weapons of mass destruction.’’ ated the Iraq-al Qaeda relationship. not the view of the Intelligence Community. In his speech on February 5, 2004, Director WEEKLY STANDARD ARTICLE ON IRAQ-AL QAEDA ALUMINUM TUBES FOR NUCLEAR WEAPONS of Central intelligence George Tenet said COOPERATION On September 8, 2002, Vice President Che- that ‘‘there is no consensus within our com- On January 9, 2004, Vice President Cheney ney made an unqualified statement about munity over whether the trailers were for told the Rocky Mountain News that, on the the aluminum tubes on Meet the Press: that use [biological weapons] or if they were question of the relationship between Iraq ‘‘He [Saddam] is trying, through his illicit used for the production of hydrogen.’’ and al qaeda, ‘‘one place you ought to go procurement network, to acquire the equip- David Kay, former leader of the Iraq Sur- look is an article that Stephen Hayes did in ment he needs to be able to enrich uranium vey Group, testified to Congress on October the Weekly Standard here a few weeks ago, to make the bombs.’’ 2, 2003 that ‘‘we have not yet been able to that goes through and lays out in some de- Tim Russert: ‘‘Aluminum tubes.’’ corroborate the existence of a mobile BW [bi- tail, based on an assessment that was done VP Cheney: ‘‘Specifically aluminum tubes. ological warfare] production effort.’’ He indi- by the Department of Defense and forwarded . . . it is now public that, in fact, he has been cated that the ISG was still trying to deter- to the Senate Intelligence Committee some seeking to acquire, and we have been able to mine ‘‘whether there was a mobile program

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7814 CONGRESSIONAL RECORD — SENATE July 8, 2004 and whether the trailers that have been dis- The PRESIDING OFFICER (Mr. down vote on the merits of the bill. To covered so far were part of such a program.’’ COLEMAN). Without objection, it is so a great extent, the bulk of the tort re- In July, David Kay was interviewed by ordered. form needed in this country will be BBC television for a program that aired in England in late November, and here in the Mr. CHAMBLISS. Mr. President, I handled on the State court level, where United States on January 22, 2004. In re- rise today in support of S. 2062. I am most civil complaints are filed. sponse to a question as to whether he sorry the Senator from Connecticut is That is a very significant point. As a thought it had been premature for the Ad- not in the Chamber. trial lawyer, I remember that I usually ministration to assert in May that the two Mr. REID. Will the Senator yield? wanted to file my cases in State court, trailers were intended to produce biological Mr. CHAMBLISS. Certainly. and they ought to still have that right weapons agents, Kay said ‘‘I think it was Mr. REID. We have had a signoff— to do so. But there are times when it premature and embarrassing.’’ He said ‘‘I people heard me a little earlier today was dictated to you as a lawyer that wish that news hadn’t come out,’’ and con- say we had an objection to having a you had to go to Federal court. It is be- cluded ‘‘I don’t want the mobile biological vote on the cloture motion that the production facilities fiasco of May to be the cause we have had a handful of State model of the future.’’ majority leader has filed. We can now court jurisdictions in the United States On January 28, 2004, Dr. Kay stated in tes- do that. I understand the majority where a grossly disproportionate num- timony before the Senate Armed Services wants that to take place. I ask unani- ber of class action suits are filed, and Committee that ‘‘I think the consensus opin- mous consent that the cloture vote on that is just not right. That is why ion is that when you look at those two trail- the matter now scheduled for tomor- these negotiations were instituted in ers . . . their actual intended use was not for row occur tonight at 6:30. 1996. That is why over the last 8 years the production of biological weapons.’’ Given those assessments, I would appre- The PRESIDING OFFICER. Is there we have been going back and forth with ciate knowing what is the intelligence basis objection? Members on both sides of the aisle for your statements that ‘‘we’re quite con- Without objection, it is so ordered. being involved and have come up with fident [Saddam] did, in fact, have such a The Senator from Georgia. a fair bill that does allow for certain [mobile biological weapons labs] program,’’ Mr. CHAMBLISS. Mr. President, as I exceptions that I am going to talk that the trailers ‘‘we believe were, in fact, was saying, I am sorry the Senator about in just a minute. part of that program,’’ and that those trail- from Connecticut is not in the Cham- People have referred to these juris- ers are ‘‘conclusive evidence’’ that Iraq ‘‘did, ber because I have such great respect dictions where a majority of the class in fact, have programs for weapons of mass for his opinion, particularly his opinion destruction?’’ actions have been filed as magnet I would be pleased to receive that informa- regarding this bill. I know what a keen courts because they draw in class ac- tion on an unclassified or classified basis. interest he has in this bill, and when he tion suits with their soft juries and With respect to the second intelligence talks about the fact that we ought to their pro-plaintiff judges. That is just a issue, during your interview with the Rocky delay this for 1 more week because the matter of fact. Under the Class Action Mountain News on January 9, 2004, you rec- majority has set the agenda and the Fairness Act, businesses can break ommended a source of information relative agenda next week calls for matters loose from these magnet State courts to the issue of whether there was a relation- that might not be relevant to this par- ship between al Qaeda and Iraq: ‘‘One place and get a fair trial in a Federal juris- you ought to look is an article that Stephen ticular issue, I simply remind the Sen- diction. Hayes did in the Weekly Standard here a few ator from Connecticut, who is my dear S. 2062 differs from the previous weeks ago, that goes through and lays out in friend, that this bill has not just come versions of the class action bill in sev- some detail, based on an assessment that to the floor. eral ways, and those changes have been was done by the Department of Defense and As a member of the Judiciary Com- negotiated on both sides of the aisle was forwarded to the Senate Intelligence mittee, I was there in April of 2003 over the period not from just last April Committee some weeks ago. That’s your best when this particular bill was voted out or November, but from 1996, over the source of information’’ of the Judiciary Committee. We were That article states that it is based on ‘‘a last 8 years. I am going to focus my re- top secret U.S. government memorandum’’ all here in November of 2003 when we marks on one change I think makes a prepared by the Defense Department, which had a cloture vote on this bill. So this lot of sense, and that is the addition of was purportedly leaked to the Weekly Stand- is not something new that has just a local class action exception. ard. The article then goes on to describe in come about. This bill has been under Under the provisions of S. 2062, class detail and quote extensively from the docu- negotiation actually since the 105th action cases will remain in State court ment it says was leaked. Congress. if the following conditions are met: On October 15, 2003, the Defense Depart- In 1996, the negotiations began on a First, more than two-thirds of class ment had issued a News Release about the article that seems to disagree with what you class action bill. I think to now ask for members have to be citizens of the said. According to the Defense Department, another delay for another week on the forum State. Second, there has to be at ‘‘News reports that the Defense Department cloture vote is just simply not called least one in-State defendant from recently confirmed new information with re- for, and that is the reason we need to whom significant relief is sought by spect to contacts between al Qaeda and Iraq go ahead with the vote tonight. My col- members of the class and whose con- in a letter to the Senate Intelligence Com- leagues are either for class action re- duct forms a significant basis of the mittee are inaccurate.’’ form, they are either for a bill that is plaintiffs’ claims. Third, the principal Furthermore, the DOD news release noted that the ‘‘classified annex’’ sent by the De- a bipartisan bill, or they are against it. injuries resulting from the alleged con- fense Department to the Senate Intelligence It is that simple at this point in the ne- duct or related conduct of each defend- Committee ‘‘was not an analysis of the sub- gotiations. ant have to have been incurred in the stantive issue of the relationship between There was a proposal made by this State where the action was originally Iraq and al Qaeda, and it drew no conclu- side of the aisle to the other side of the filed. Finally, there cannot be any sions.’’ aisle that when this bill came to the other class action cases asserting the I would appreciate if you would advise floor that we allow only germane same or similar factual allegations whether you were quoted accurately. I look forward to your reply. amendments, amendments that are rel- against any of the defendants on behalf Sincerely, evant to the issue of class action, to be of the same or other persons filed in CARL LEVIN, brought to the floor as legitimate the preceding 3 years. Ranking Member. amendments that would be debated and Those are pretty fair and reasonable Mr. LEVIN. Mr. President, I yield the voted on. The other side of the aisle exceptions. You are still going to have floor and suggest the absence of a would not agree to that. So therefore probably most of the class action suits quorum. we have evolved into a different format filed in State court with this exception The PRESIDING OFFICER. The on the floor today. being in place. clerk will call the roll. I do rise in strong support of S. 2062, Under the local class action excep- The legislative clerk proceeded to the Class Action Fairness Act of 2004. tion, a limited group of local class ac- call the roll. It is a product of negotiations between tion cases would be allowed to stay in Mr. CHAMBLISS. Mr. President, I Senators on both sides of the aisle in State court where the facts of the case ask unanimous consent that the order an effort to gain the 60 votes needed to warrant this treatment. Some exam- for the quorum call be rescinded. invoke cloture and proceed to an up-or- ples would be a plant explosion or an

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2004 CONGRESSIONAL RECORD — SENATE S7815 oil spill, where one or more of the de- about the Pinto case and need to be in- amendment would improve the bill, I fendants are in the same State as the formed when products are dangerous, will be voting for cloture because this catastrophe and a supermajority of the but companies need not be required to bill is more important. plaintiffs are there as well. These are give proprietary information without I firmly believe that the Class Action truly local actions and ought to be having their say. Fairness Act of 2004 is exactly that, treated as such because they do not I have an amendment that would fair to all parties. lend themselves to the egregious forum allow the judge in a particular case to It is narrowly aimed at some of the shopping that lands cases which should rule on whether documents would be most egregious abuses of the class ac- be filed in Federal court in one of these subject to seal. I think the South Caro- tion system. In fact, I have heard from so-called magnet courts around the lina rule is a very reasonable rule. But some folds that the bill does not go far country. whether we get to this, I believe this enough. However, in my opinion, it is a Despite all of the progress we have bill’s time has come, and it is now time reasonable first step in the effort to made in our negotiations on S. 2062, it for the Senate to act. The abuses that control what are clearly abuses of the seems we have some Senators who plan are going on in class action are not system. to offer amendments that would weak- about treating people fairly, they are It is reasonable because I don’t think en this bipartisan legislation or weight about simple greed. These abuses need anyone in the chamber can complain it down with nongermane issues that to be stopped for the betterment of us about judges taking a look at settle- will lead to the bill’s defeat. The pas- all. Claimants and businesses find ments to make sure the class members sage of nongermane amendments to themselves subject to this. are not being victimized further. I this class action reform bill will prob- I urge my colleagues to vote in favor don’t think anyone can complain about ably doom its passage. For this reason, of cloture on S. 2062, the Class Action giving federal judges the power to I will vote against all nongermane Fairness Act of 2004. As a member of block worthless settlements based on amendments, and I plan to vote against the Judiciary Committee, I supported coupons or other gimmicks. any germane amendments that would the bill during committee consider- We have even had some firms sanc- weaken S. 2062 in its present form. ation and I will be voting in favor of tioned for filing cases just to settle In summary, we now have a class ac- cloture and final passage as well. with no damages for the class, but sig- tion bill which is supported by both The need for this bill is pointed out nificant attorneys’ fees for them. We sides of the aisle. Despite the misin- daily by stories of abuse. We hear of at- have had other lawsuits end with the formation that has been spread around, tempts to sue McDonald’s because peo- lead plaintiffs and their lawyers receiv- this bill will actually promote the ple who eat there are getting fat. We ing large sums and other class mem- proper assignment of class action cases hear of lawyers negotiating coupon set- bers receiving nothing, but losing their between State court and Federal court tlements for their clients, while they right to legal action in the future. dockets. I urge my colleagues to vote receive millions of dollars in fees. We When the very people class actions against any amendments that would hear of class members actually losing are supposed to help are being hurt, it weaken or kill S. 2062 and then to vote money on settlements. is time to do something different. in favor of this bill as a first step in re- I am a lawyer and I am not happy This bill is a reasonable step in the storing fairness and balance to our Na- with that state of affairs. I don’t think right direction. While some of my tion’s tort system. anyone is more in favor of a strong friends on the other side of the aisle Mr. President, I yield the floor and legal system than I am. And I define a may not like some provisions, they suggest the absence of a quorum. strong legal system as one where all have to admit that there is a problem The PRESIDING OFFICER. The parties are treated fairly, wrongs are that needs to be addressed. clerk will call the roll. redressed, and justice is afforded equal- In closing, I would just like to urge The assistant legislative clerk pro- ly and without bias. my colleagues to help us move this bill ceeded to call the roll. The Class Action Fairness Bill of 2004 to conclusion. File your amendments, I Mr. GRAHAM of South Carolina. Mr. does not weaken our legal system. It have one myself, but don’t let your per- President, I ask unanimous consent rectifies the current imbalance in some sonal desire to offer your amendment that the order for the quorum call be areas where some parties are not treat- get in the way of this much needed leg- dispensed with. ed fairly; new wrongs are committed, islation. The PRESIDING OFFICER. Without not redressed; and justice is over- Mr. MCCONNELL. Mr. President, I objection, it is so ordered. looked, if not outright disregarded. rise to speak about a case that I think Mr. GRAHAM of South Carolina. Mr. I say to my friends who oppose this perfectly illustrates some of the prob- President, I, like others of my col- bill that, just as it is important to lems produced by our current class ac- leagues, would like to see closure on make sure that victims have an oppor- tion system. This case is, unfortu- this issue. Before I got into politics, I tunity to be heard in our courts, it is nately, not unique. These outrageous was a lawyer. I admire our legal sys- just as important to insure that the de- decisions happen all too frequently. tem. In many ways, people have their fendant is treated fairly. And I don’t The bill currently under consideration chance to be judged by their neighbors. believe anyone can credibly claim that will help fix some of these problems. I am very respectful of the jury trial. that is the case today in many areas of Reproduced on this poster beside me However, in the class action arena of our country. Justice requires that we is an actual settlement check from a the law, I find more abuses than solu- act to remedy that. recently settled class action lawsuit. tions. I don’t believe the Constitution Although I may not believe this bill This check is made payable to a mem- ever envisioned the class action litiga- is perfect, and actually have an amend- ber of my staff who received it in the tion model that we have come up with ment or two of my own, I do not be- mail earlier this year. You will notice where you can create your own false di- lieve we should delay this bill one mo- that on the check’s ‘‘pay to the order versity and you can run everybody to ment longer. My amendment is slightly of’’ line, I have covered the name of my Illinois or Mississippi because business technical, but very simple. staffer so that she may remain anony- is involved. It would merely provide for uniform mous. I believe the removal process in this judicial scrutiny of sealed documents. I I have also obscured the name of the bill where the judge has discretion to have based my amendment on the defendant in this case. Plaintiff’s law- remove cases from State court to Fed- South Carolina district rule for how to yers have soaked them once already. I eral court will correct some abuses. I obtain a protective order for trade se- would hate to see others sue this com- believe the coupon cases were never crets or other proprietary information. pany just because they heard the com- what the law was meant to be about. I haven’t heard from one person in pany settled one class action suit. The legal reforms in this bill I sup- South Carolina who doesn’t like the Along with this settlement check, port. I have an amendment. I hope we way it works. my staffer received a letter, which says can get to it. It would allow a proce- It puts all parties on equal footing in part: dure to be had in terms of pursuing set- and preserves judicial discretion. How- You have been identified as a member of tlement. Consumers need to be told ever, though I firmly believe my the class of . . . customers who are eligible

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7816 CONGRESSIONAL RECORD — SENATE July 8, 2004 for a refund under the terms of a settlement less than $1 for each eligible [plaintiff]. That We have watched an unusual process this agreement reached in a class action lawsuit estimate proved correct. morning. There are a good many of us in a . . . The enclosed check includes any refunds So, you see, even before the settle- bipartisan spirit who are reacting to and I for which you were eligible. ment, it was clear that each plaintiff am one of those who does not appreciate what the majority leader has now just done. Now as you know, Senate staffers are would on average receive less than $1. certainly not the highest paid people in Yet the attorneys still got more than Senator DASCHLE, who has frequently this town. So this woman on my staff $7 million. called for civility and bipartisan action reports she was excited about receiving My colleagues may also be interested on the floor, similarly expressed frus- some unexpected money. to know how much the defendant was tration. I could not agree with them And then she looked at the enclosed forced to spend defending this lawsuit. more. check to see just how big her windfall Knowing the extent of the defend- Senators have a right to have their was. It was a whopping 32 cents. That ant’s defense costs is instructive in legislation be considered by their col- leagues. And despite the majority lead- is right, she received a check made out demonstrating how unjust these abu- er’s actions, even Senators in the mi- to her in the amount of 32 cents. sive suits can be. So we asked the de- nority should be allowed to offer I guess it goes without saying that fendant how much it spent defending amendments to the class action legis- she was a bit disappointed in her new- this suit that provided a plaintiff with lation before us. found riches. pennies and her lawyers with millions. Senate CRAIG acknowledged as much But perhaps not surprisingly, the de- Now, don’t misunderstand me. I am when he ‘‘recognized that Senators, un- fendant was not willing to discuss that not suggesting my staffer deserved a less effectively blocked by [the] proce- matter. bigger settlement check. In fact, she dural action that has just occurred, do You see, the defendant told us that if tells me she had no complaint whatso- have the right to offer amendments. it were readily known just how much ever against the defendant. And she Germane or relevant and non-rel- they spent defending these types of never even asked to be part of this law- evant.’’ suit. suits, then that information would al- Yesterday, the senior Senator from Apparently, she just happened to be a most certainly be used against them in Idaho hoped to offer an amendment customer of a defendant who was sued, the future. with wide bipartisan support that This defendant feared that if their and it was determined that she theo- would help protect the security of our defense costs were known, then an- retically could bring a claim against country. He should be allowed to offer other opportunistic plaintiff’s lawyer the defendant, and so she became a this legislation. Similarly, other Mem- member of ‘‘a class’’ that was due a would file another one of these suits. bers of this body should be allowed settlement. And then that lawyer would offer to time for the normal amendment proc- If this doesn’t precisely illustrate the settle for just slightly less than the ess. absurdity of the current class action millions he knew it would cost the de- Time and again, the Republican lead- epidemic in this country, I don’t know fendant to defend the action. ership has accused my colleagues of ob- That perfectly illustrates how plain- what does. structing and refusing to give certain tiff’s lawyers exploit and abuse defend- To demonstrate just how far out of measures an up-or-down vote. Well, ants under the current system. whack the system is, let’s start with this most recent procedural tactic is Can there be any doubt that the cur- the letter notifying my staffer that she the majority leader’s latest attempt at rent class action system is in need of was a member of a class action lawsuit, looking busy with full knowledge that repair? When the lawyers get more and had been awarded a settlement. nothing will be accomplished. than $7 million and a plaintiff gets a This letter and check arrived via the Senator FRIST’s drastic action yes- check for 32 cents, something is ter- U.S. mail. The last I knew, it cost 37 terday has stymied the legislative ribly wrong. When defendants fear dis- cents to mail an envelope. The settle- process and threatened the underlying closing how much they spend fighting ment check is for 32 cents. class actions bill that many of my col- these ridiculous suits because to do so You can probably see where I’m leagues have worked so hard on over would invite more litigation, some- going with this. the past few years. thing is terribly wrong. I am disappointed that the Repub- It cost the defendant in this class ac- Justice is supposed to be distributed tion suit, 37 cents to send a settlement lican leadership has decided that we fairly. This is clearly not a fair way to can afford to waste another week of check worth 32 cents. That sure makes distribute justice. you pause and think about the absurd- floor time when bipartisan measures Let’s try to correct some of the could have been considered and en- ity of our class action system. abuses in class action litigation by Now, I don’t claim to have the eco- acted. passing this legislation. Mr. President, yesterday I received a nomic expertise of some—like my good We are not going to end every 32-cent letter on behalf of 16 environmental friend, the distinguished former Sen- award to plaintiffs and multimillion protection organizations—American ator Gramm of Texas—but I can tell dollar award to attorneys, but surely Rivers, Clean Water Action, Defenders you that forcing a defendant to spend we can curb some of this nonsense. of Wildlife, Earthjustice, Earthworks, 37 cents to send someone a 32-cent Mr. LEAHY. Mr. President, I rise to Environmental Working Group, check doesn’t make much economic express my continued disappointment Friends of the Earth, Greenpeace, sense. And it certainly defies common in the Republican leadership’s ability League of Conservation Voters, Na- sense. to manage the Senate floor effectively. tional Environmental Trust, Natural But let me point out the most dis- As my colleagues are aware, we have Resources Defense Council, Sierra turbing element about this lawsuit. My only a few weeks left in this legislative Club, The Ocean Conservancy, The Wil- staff researched this case and it may session. Instead of negotiating short- derness Society, 20/20 Vision, and the interest my colleagues to know that time agreements on a finite number of U.S. Public Interest Research Group— while the unwitting plaintiff received important amendments, the Repub- in opposition to this class action bill. just 32 cents in compensation from this lican leader has decided that he would These environmental protection ad- class action lawsuit, her attorneys rather slam the door shut for all non- vocates declare that this bill ‘‘is pat- pocketed in excess of $7 million. germane amendments. ently unfair to citizens harmed by All in all, not a bad settlement—if The Republican leader’s actions have toxic spills, contaminated drinking you happen to be a plaintiff’s lawyer frustrated Members on both sides of water, polluted air and other environ- rather than a plaintiff. the aisle who sincerely want to have a mental hazards involved in class action And in case you think this plaintiff productive legislative session. The citi- cases based on state environmental or received an unusually low settlement zens of this country did not elect us to public health laws.’’ in this litigation, let me quote from engage in a staring contest. We should I ask unanimous consent that this the letter accompanying the settle- be using our remaining floor time to letter be printed in the RECORD. ment check: accomplish consensus legislation. There being no objection, the mate- At the time of the settlement, we esti- I note that yesterday the Senior Sen- rial was ordered to be printed in the mated that the average [refund] would be ator from Idaho observed the following: RECORD, as follows:

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JULY 7, 2004. removal jurisdiction of the federal courts, Betsy Loyless, Vice President for Policy ENVIRONMENTAL HARM CASES DO NOT BELONG Congress should include certain limitations and Lobbying, League of Conservation Vot- IN CLASS ACTION BILL and exceptions, including for class actions ers. ‘‘in which plaintiff class members suffered William J. Snape III, Vice President for DEAR SENATOR: Our organizations are op- posed to the sweepingly drawn and personal injury or personal property damage Law and Litigation, Defenders Of Wildlife. misleadingly named ‘‘Class Action Fairness within the state, as in the case of a serious Sara Zdeb, Legislative Director, Friends of Act of 2004.’’ This bill is patently unfair to environmental disaster.’’ The Judicial Con- the Earth. citizens harmed by toxic spills, contami- ference’s letter explains that this ‘‘environ- Karen Wayland, Legislative Director, Nat- nated drinking water, polluted air and other mental harm’’ exception should apply ‘‘to all ural Resources Defense Council. Anna Aurilio, Legislative Director, U.S. environmental hazards involved in class ac- individuals who suffered personal injuries or Public Interest Research Group. tion cases based on state environmental or losses to physical property, whether or not Tom Z. Collina, Executive Director, 20/20 public health laws. S. 2062 would allow cor- they were citizens of the state in question.’’ We agree with the Judicial Conference— Vision. porate defendants in many pollution class cases involving environmental harm are not S. Elizabeth Birnbaum, Director of Govern- actions and ‘‘mass tort’’ environmental cases even close to the type of cases that pro- ment Affairs, American Rivers. to remove these kinds of state environ- ponents of S. 2062 cite when they call for re- Kert Davies, Research Director, mental matters from state court to federal forms to the class action system. Including Greenpeace US. court, placing the cases in a forum that such cases in the bill does no more than ben- Kevin S. Curtis, Vice President, National could be more costly, less timely, and disad- efit polluters in state environmental class Environmental Trust. vantageous to your constituents harmed by actions at the expense of injured parties in Stephen D’Esposito, President, toxic pollution. State law environmental those cases for no reason other than to ben- Earthworks. harm cases do not belong in this legislation efit the polluters. No rationale has been of- Linda Lance, Vice President for Public and we urge you to exclude such pollution fered by the bill’s supporters for including Policy, The Wilderness Society. cases from the class action bill. environmental cases in S. 2062’s provisions. Joan Mulhern, Senior Legislative Counsel, Class actions protect the public’s health We are unaware of any examples offered by Earthjustice. and the environment by allowing people with bill supporters of environmental harm cases Julia Hathaway, Legislative Director, The similar injuries to join together for more ef- that represent alleged abuses of the state Ocean Conservancy. ficient and cost-effective adjudication of class actions. Paul Schwartz, National Campaigns Direc- their cases. All too often, hazardous spills, More proof of the overreaching of this bill tor, Clean Water Action. water pollution, or other toxic contamina- is that the so-called ‘‘Class Action Fairness Mr. JEFFORDS. Mr. President, I rise tion from one source affects large numbers of Act’’ is not even limited to class action people, not all of whom may be citizens of today to express my extreme dis- cases. The bill contains a provision that appointment over the procedural bind the same state or may be from the same would allow defendants to remove to federal state as the defendants who caused the court all environmental ‘‘mass action’’ cases the Senate is in on the class action re- harm. In such cases, a class action lawsuit in involving more than 100 people—even though form bill. state court based on state common law doc- these cases are not even filed as class ac- Last October I was one of the 59 Sen- trines of negligence or nuisance, or upon tions. The S. 2062 contains a narrow excep- ators who voted to allow the Senate to rights and duties created by state statutes in tion to the ‘‘mass action’’ removal rule if the proceed to the Class Action Fairness the state where the injuries occur, is often injury to the plaintiffs is caused by a ‘‘sud- Act because I believed that it was an the best way of fairly resolving these claims. den, single accident,’’ but has no exception For example, thousands of families around issue that should be considered and de- for injuries caused by toxic exposure that oc- bated in the Senate. I still believe that the country are now suffering because of curs over days, months, or years, as fre- widespread groundwater contamination quently happens in environmental harm this is an appropriate matter to be con- caused by the gasoline additive MTBE, which cases. sidered in the Senate, and was looking the U.S. Government considers a potential For example, the bill would apply to cases forward to a constructive debate on the human carcinogen. According to a May, 2002 similar to the recently concluded state court legislation this week. GAO report, 35 states reported that they find trial in Anniston, Alabama, where a jury In meetings with both supporters and MTBE in groundwater at least 20 percent of awarded damages to be paid by Monsanto opponents of the legislation I have con- the time they sample for it, and 24 states and Solutia for injuring more than 3,500 peo- said that they find it at least 60 percent of tinually stressed that there needs to be ple the jury found were exposed—with the a fair and open debate on the matter. the time. Some communities and individuals companies’ knowledge—to cancer-causing have brought or soon will bring suits to re- PCBs over many years. Documents uncov- To me, this means that Senators must cover damages from MTBE contamination ered in the case showed that Monsanto kept be allowed to offer amendments to the and hold the polluters accountable, but the public in the dark for decades regarding bill. Unfortunately, even before the de- under this bill, MTBE class actions or ‘‘mass what the company knew about PCBs, so the bate had even really begun, the major- actions’’ based on state law could be re- ‘‘sudden, single incident’’ exception would ity leader came to the floor and cre- moved by the oil and gas companies to fed- not apply in large measure because of the ated a procedural situation where no eral court in many of these cases. companies’ own bad behavior. There is little This could not only make these cases more Senator would be allowed to offer an doubt in the Anniston case that, had S. 2062 amendment, on class action reform or expensive, more time-consuming and more been law, the defendants would have tried to difficult for injured parties, but could also remove the case from the state court serving any other issue. result in legitimate cases getting dismissed the community that suffered this dev- It is regrettable that this path was by federal judges who are unfamiliar with or astating harm. It is, at best, unjustified to chosen for consideration of this legisla- less respectful of state law claims. For exam- reward this kind of reckless corporate mis- tion. I find this to be especially true ple, in at least one federal court MTBE class behavior by giving defendants in such cases when the minority leader has offered to action, a federal court dismissed the case the right to remove state law cases to fed- based on oil companies’ claim that the ac- limit the number of amendments to the eral court over the objections of those they legislation, even though he opposes the tion was barred by the federal Clean Air Act have injured. (even though that law contains no tort li- The so-called ‘‘Class Action Fairness Act’’ bill. If the Republican leadership had ability waiver for MTBE). Yet a California would allow corporate polluters who harm accepted this offer we could have been state court rejected a similar federal pre- the public’s health and welfare to exploit the working on substance rather than dis- emption argument and let the case go to a forum of federal court whenever they per- cussing procedure for the last few days. jury, which found oil refineries, fuel dis- ceive an advantage to doing so. It is nothing As this debate has not been free or tributors, and others liable for damages. more than an attempt to take legitimate fair, in fact no amendments have been These cases highlight how a state court may state court claims by injured parties out of be more willing to uphold legitimate state considered, debated and voted upon, I state court at the whim of those who have cannot at this time support limiting law claims. Other examples of state law committed the injury. cases that would be weakened by this bill in- Cases involving environmental harm and debate on the Class Action Fairness clude lead contamination cases, mercury injury to the public from toxic exposure Act. I am hopeful that the majority contamination, perchlorate pollution and should not be subject to the bill’s provisions; will reconsider its rejection of the mi- other ‘‘toxic torts’’ cases. if these environmental harm cases are not nority leader’s offer to proceed on this In a letter to the Senate last year, the U.S. excluded, we strongly urge you to vote legislation with limited amendments Judicial Conference expressed their contin- against S. 2062. and that we can then begin to actually ued opposition to such broadly written class Sincerely, action removal legislation. Notably, their Ken Cook, Executive Director, Environ- debate the legislation. letter states that, even if Congress deter- mental Working Group. I suggest the absence of a quorum. mines that some ‘‘significant multi-state Ed Hopkins, Director, Environmental The PRESIDING OFFICER. The class actions’’ should be brought within the Quality Programs, Sierra Club. clerk will call the roll.

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7818 CONGRESSIONAL RECORD — SENATE July 8, 2004 The assistant legislative clerk pro- We heard the stories of how the Sen- they want when it is hurting the Sen- ceeded to call the roll. ate must work its will, and how the ate, is not shooting straight. The fact Mr. HATCH. Mr. President, I ask hallmark of this institution’s proce- is, they can bring up any amendments unanimous consent that the order for dures cannot be compromised; that we they want. They just have to get the the quorum call be dispensed with. must take on more extraneous amend- votes to win. Maybe they will The PRESIDING OFFICER. Without ments that have absolutely nothing to postcloture. I don’t know. objection, it is so ordered. do with the business at hand. But what But in all honesty, we all know the Mr. HATCH. Mr. President, I would these colleagues know very well is that game. It is either we are going to get like to be standing here today to de- the more amendments this bill takes cloture and people are going to live up bate the merits of why we should be on, the less likely it will become law. to their commitment or not, and bipar- voting for cloture on this bill. But We have a bipartisan deal on class ac- tisanship is even hurt more than it has since we all know how this vote will tion reform that now stands on the been up until now. It has been in sham- turn out, I just want to congratulate in verge of collapse—a broken deal that bles as far as I can see almost all year advance some of my colleagues on the will forever stain the honor of this hal- long. This has been one of the worst other side of the aisle for killing yet lowed institution the minute the sup- years in my Senate career because of another civil justice reform measure porters of this bill cast a no vote on the lack of partisanship, the lack of this Congress. cloture. In a court of law, we would comity that normally exists in this The constituents that they serve— call it a breach of contract, but in the body in the desire to make everything the powerful and well financed plain- Senate we are not governed by common political and the effectiveness of mak- tiffs bar—owe them a deep debt of grat- law principles when we legislate. Rath- ing everything political as well. itude for not only killing class action er, we are governed by honor and credi- This is one bill that does not deserve reform but also derailing the asbestos bility—attributes that will lose stock that kind of unfair treatment, espe- trust fund bill, the medical mal- the minute this bill fails. cially since we compromised last year practice reform bill, and gun liability Let me just finish by saying that a and took amendments we would not reform bill, to name a few. Their truly vote against cloture means that you have taken and changed the bill we special interest constituent has sur- are not committed to class action re- would not have changed, all for the vived yet another year devoid of tort form. Let us not dance around the purpose of getting enough votes to vote reform, and as a result, will continue issue any further, and just call a spade for cloture. And now we are here again raking in millions of dollars in cash to a spade. this year—another year, 6 years in a help finance the Democratic party in A vote against cloture means that row—whereby the same people who the coming months. I am hoping the 62 people who com- you care more about helping certain said they were for this bill and talked mitted to vote for cloture last Novem- unscrupulous plaintiffs’ lawyers rather us into all these amendments on the ber will vote for it. We can even lose than every day consumers like Martha basis that they would vote for cloture two of them as long as we have 60 to Preston, Irene Taylor and Hilda may not. I personally hope they will. If vote for cloture. If we have 60, then I Bankston. These are the real victims they will, it will do more for comity in will feel a lot better than I do in giving whose horror stories will fall on deaf this body, more for bipartisanship than these remarks. ears. we have seen all year. It would be a ray But unlike the caution chorus that And a vote against cloture means of hope to everybody in this body that they rolled out to kill the asbestos bill, that a deal will never be a deal unless maybe there is a chance of us getting the tactics used by my Democratic col- strings are attached. That true biparti- together on things that are important, leagues to defeat class action reform sanship will always come at a price to the things that are right, things that have been disappointing at best, and be disclosed later. we promised, things that will benefit downright disingenuous, at worst. We I have been here 28 years. I have the business community, things that tried to proceed on this bill last year never seen, when we finally put a deal will correct the ills which literally and were led to believe that we would together, people who have not been have been wrecking this institution command enough votes to overcome a willing to live up to their commitment. and hurting our country immeasurably Democratic filibuster. Indeed, before Everybody knew back in November of and will put the screws to these juris- the cloture vote, we had certain mem- last year that we needed one more vote dictions, these magnet jurisdictions, bers declare their support publicly for to get cloture. We compromised. We ac- that do not seem to care about the law the bill. But when the moment of truth cepted amendments which we probably or anything else. came, there was at least one member wouldn’t have accepted because we CLOTURE MOTION from the other side who voted against had—we had 59 who would have voted The PRESIDING OFFICER. The proceeding on the bill despite state- for the bill as it was—to get those clerk will report the cloture motion. ments to the contrary. And what hap- extra votes. Now there is some indica- The legislative clerk read as follows: tion that those three votes will not be pened? We fell one vote shy of invoking CLOTURE MOTION there, and we will probably lose on clo- cloture. We the undersigned Senators, in accord- After the vote, we had three addi- ture again. I am hoping that is not ance with the provisions of Rule XXII of the tional Democratic members come to us true. I am hoping all three votes will Standing Rules of the Senate, do hereby just days before our Thanksgiving re- be there, or at least one that will be move to bring to a close debate on Calendar cess eager to strike a deal on class ac- there so that we can invoke cloture No. 430, S. 2062, a bill to amend the proce- tion reform. So we listened, and we ne- and proceed on this bill. If we can’t, dures that apply to consideration of inter- gotiated, and then we compromised. then I have to say this is one of the few state class actions to assure fairer outcomes And at the end of the day, we reached times that I have seen where commit- for class members and defendants, and for ments are made that have not been other purposes: an agreement on a more modest Bill Frist, Orrin Hatch, Charles Grassley, version of the class action bill. But the honored that should have been hon- Peter Fitzgerald, Craig Thomas, Mitch honeymoon certainly did not last long ored, and it is a disgrace to this insti- McConnell, Ted Stevens, Robert F. as the supporters of the measure start- tution, in my humble opinion. Bennett, Jim Talent, George Allen, Jon ed demanding extraneous labor-ori- Keep in mind that if we invoke clo- Kyl, Rick Santorum, Jeff Sessions, ented amendments that included a ture, that doesn’t mean those who Pete Domenici, Susan Collins, Lamar measure to raise the minimum wage; a want to bring up extraneous, non- Alexander, John Cornyn. measure to extend unemployment in- germane amendments or nonrelevant The PRESIDING OFFICER. By unan- surance; and a measure to overturn the amendments can’t do it. They can imous consent, the quorum call has administration’s overtime regulations. bring them up after cloture, but they been waived. We gave them votes on two of the are going to have to get a super- The question is, Is it the sense of the three and then offered yesterday to majority vote to win. That doesn’t Senate that debate on S. 2062, a bill to give them a vote on the third. But of foreclose them. amend the procedures that apply to course, we all know that three was not Anybody who argues that they ought consideration of interstate class ac- enough. to be able to bring up any amendments tions to assure fairer outcomes for

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2004 CONGRESSIONAL RECORD — SENATE S7819 class members and defendants, and for TRIBUTE TO HENRY COUZENS America entered into the North other purposes, shall be brought to a Mr. MCCONNELL. Mr. President, I American Free Trade Agreement, close? wish today to pay tribute to Henry NAFTA, in 1993, and the Uruguay The yeas and nays are required under Couzens, a genuine World War II hero Round Agreements, the WTO, in 1994. the rule. and survivor. Mr. Couzens performed In the years following those major The clerk will call the roll. extraordinary acts of courage during trade agreements, America experienced The assistant legislative clerk called some of world history’s most difficult one of its strongest economic expan- the roll. and tumultuous times. sions. Mr. MCCONNELL. I announce that The day after his 18th birthday in Yes, balancing the budget and fund- the Senator from Colorado (Mr. CAMP- 1942, Mr. Couzens applied for the Avia- ing education also had something to do BELL), the Senator from Nevada (Mr. tion Cadets, and after passing all re- with it. But trade helped. ENSIGN), the Senator from Wyoming quirements was accepted into the Air America experienced 8 years of eco- (Mr. ENZI), the Senator from Illinois Corp Training School. A year later, Mr. nomic growth. The American economy (Mr. FITZGERALD), the Senator from Couzens graduated as a pilot and was created more than 20 million new jobs. Nebraska (Mr. HAGEL), and the Senator commissioned as a second lieutenant to The average household’s real income from Pennsylvania (Mr. SANTORUM) are fly P–47 fighter planes. In early 1944, rose 15 percent. Americans’ standard of necessarily absent. Mr. Couzens arrived in England to fight living improved. Mr. REID. I announce that the Sen- on the front lines in the European The- Put the other way around: The oppo- ator from Delaware (Mr. BIDEN), the atre alongside the 8th Infantry and nents of free trade have a difficult job Senator from California (Mrs. BOXER), 356th Fighter Group. His unit’s assign- to explain how those major trade the Senator from West Virginia (Mr. ment was to control an area along the agreements hurt the American econ- BYRD), the Senator from New York English Channel. Their purpose was to omy in the 1990s. (Mrs. CLINTON), the Senator from North escort and protect B–17s and B–24s on I am a proud advocate of trade. I am Carolina (Mr. EDWARDS), the Senator bombing missions to Germany and an advocate of stronger economic from Massachusetts (Mr. KERRY), and other occupied countries. growth and higher incomes. I want a the Senator from Maryland (Ms. MI- On April 23, 1944, Mr. Couzens was as- better standard of living for Ameri- KULSKI) are necessarily absent. signed to destroy German airplanes on cans. The yeas and nays resulted—yeas 44, the ground. His target that day was the So how can we achieve freer trade? nays 43, as follows: airfield at Haguenau, France. On his How do we lower barriers to trade? [Rollcall Vote No. 154 Leg.] third pass over the airfield, he was hit That brings us to a discussion of trade YEAS—44 by German anti-aircraft fire. The hit procedures. was so substantial it stopped the en- The Senate considers trade agree- Alexander DeWine Murkowski ments under somewhat unique proce- Allard Dole Nelson (NE) gine of his plane, forcing him to ‘‘Belly Allen Domenici Nickles in.’’ While he was fortunate enough to dures. These special procedures go by Bennett Frist Roberts land alive, the group commander and several names: fast-track, trade negoti- Bond Graham (SC) Sessions ating authority, or trade promotion Brownback Grassley another pilot were shot down. For a lit- Smith authority. Bunning Gregg Snowe tle over a year, Mr. Couzens was a pris- Burns Hatch Specter oner of the Germans at the famous Sta- Under these procedures, legislation Chafee Hutchison Stevens to implement a trade agreement gets Chambliss Inhofe lag Luft III Camp. He endured one of Sununu an up-or-down vote within a limited Cochran Kyl the coldest winters in decades and fi- Talent Coleman Lott nally saw freedom when they were lib- time. Debate is limited to 20 hours. No Collins Lugar Thomas amendments. No filibusters. Voinovich erated on April 29, 1945, and became Cornyn McConnell The Senate is about to consider legis- Crapo Miller Warner part of General Patton’s Third Army. Thank you, Mr. Couzens for defend- lation under these procedures to imple- NAYS—43 ing freedom and democracy. The ment the United States-Australia Free Akaka Feingold Lincoln heroics you and your comrades dis- Trade Agreement. We may also soon Baucus Feinstein McCain played will forever be remembered; you consider legislation under these proce- Bayh Graham (FL) Murray dures to implement the United States- Bingaman Harkin Nelson (FL) truly are the Greatest Generation. Morocco Free Trade Agreement. Breaux Hollings Pryor f Cantwell Inouye Reed Two other agreements with six Cen- Carper Jeffords Reid TRADE AGREEMENTS tral American countries and Bahrain Conrad Johnson Rockefeller Corzine Kennedy Mr. BAUCUS. Mr. President, I rise to are signed and ready for us to consider Sarbanes Craig Kohl whenever the administration chooses Schumer address the value of free trade, and of Daschle Landrieu Shelby the process by which we get it. to move them. Dayton Lautenberg Dodd Leahy Stabenow From ancient times, people have With so much trade activity, it is a Dorgan Levin Wyden learned that trade among nations good time to review the applicable pro- Durbin Lieberman means more economic growth and cedures. NOT VOTING—13 higher incomes. People have better It all begins with the Constitution. Article I, section 8, clause 3 says that: Biden Edwards Kerry standards of living, thanks to trade. Boxer Ensign Mikulski Free trade allows each nation to de- ‘‘The Congress shall have the power Byrd Enzi Santorum vote more resources and energy to . . . to regulate Commerce with foreign Campbell Fitzgerald those things for which it has a com- Nations.’’ Since the founding of our Clinton Hagel parative advantage. Partners to free Country, it is, and has always been, The PRESIDING OFFICER. On this trade thereby get goods and services at Congress that holds primary responsi- vote, the yeas are 44, the nays are 43. lower cost than they would in isola- bility for trade. Three-fifths of the Senators duly cho- tion. Now, 535 Members of Congress cannot sen and sworn not having voted in the Conversely, protectionism stunts negotiate trade agreements. The logis- affirmative, the motion is rejected. growth and reduces income. Tariffs are tics are unimaginable. So our prede- f taxes. And like other taxes, they can cessors figured out fairly early that the impede the efficient allocation of re- actual negotiating would have to be MORNING BUSINESS sources. Where nations impose quotas delegated to the executive branch. Mr. MCCONNELL. Mr. President, I and tariffs, goods and services cost But that does not mean that Con- ask unanimous consent that there be a more. People live less well than they gress has delegated its Constitutional period of morning business with Sen- would with free trade. responsibilities. To the contrary, under ators permitted to speak for up to 10 But you don’t have to take my word United States law no trade agreement minutes each. for it. Look at the record. Take Amer- is self-executing. It has no effect on do- The PRESIDING OFFICER. Without ica’s two biggest recent trade agree- mestic law until Congress passes im- objection, it is so ordered. ments. plementing legislation.

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7820 CONGRESSIONAL RECORD — SENATE July 8, 2004 A system where one branch of gov- gress cannot later amend the agree- considered the United States-Israel ernment negotiates trade agreements ment or kill it with a filibuster. Free Trade Agreement in 1984, com- and another must accept them and But, most importantly, fast-track mittee members offered 13 amend- turn them into domestic law presents preserves Congress’s Constitutional ments, and the Committee adopted 3. challenges. primacy on trade. No agreement gets In 1988, when the committee considered The system worked well enough in implemented unless a majority of Con- the Canada-United States Free Trade the early days of the General Agree- gress approves. Agreement, members offered 9 amend- ment on Tariffs and Trade. Back then, Fast-track procedures require close ments, all of which were adopted. When the executive branch was negotiating collaboration between the Executive the Finance Committee considered agreements to reduce tariffs. Congress and Congress at every stage. The Presi- draft implementing legislation for the would delegate authority to the Presi- dent must notify committees of juris- North American Free Trade Agreement dent to agree to cuts within a specific diction and consult with them before a in 1993, members offered at least 15 range. All the President had to do was negotiation begins and regularly amendments, of which 14 were adopted. proclaim those changes once agreed to. throughout the negotiations. Once There were more than 30 differences be- In the 1960s, however, the United talks are complete, the President must tween the Senate and House versions of States and its trading partners in the notify Congress 90 days before signing the bill at the end of the mock mark- GATT began to expand the scope of the agreement, to permit Congress ups. trade negotiations to non-tariff meas- time to review the terms of the deal. By contrast, no amendments were of- ures. Without any advance authoriza- Once the agreement is signed, the fered last year when the committee tion from Congress, the administration President must submit it to Congress, considered the Singapore and Chile im- negotiated several deals on non-tariff along with a draft implementing bill, plementing bills. That was unusual. measures in the GATT’s Kennedy for approval. Congress has no more In each of these cases, consideration Round. than 90 days in which the Congress is of amendments was followed by a com- It brought those agreements back to in session to act. And amendments are mittee vote to approve the draft bill, as Congress. Congress rejected the agree- not in order. amended. ments, refusing to implement them But the time when close coordination into domestic law. This embarrassed between the Executive and Congress is In every case except Singapore and the administration. And it frustrated most critical is the period between Chile, amendments added in the mock our trading partners. They learned when the agreement is signed and when markup led to differences between the that negotiating with the executive the President submits the agreement versions of the draft bill approved by branch is not enough. The final word to Congress. the Finance Committee and the bill ap- lies with Congress. This is the time when the adminis- proved by the Ways and Means Com- Our trading partners became wary. tration and the trade committees sit mittee. They didn’t want to devote years of ef- down together to craft an imple- Consistent with normal legislative fort to another round of trade negotia- menting bill. The law requires the Ex- practice, the two committees resolved tions in the GATT if American nego- ecutive to consult with the committees these differences in an informal or tiators could not keep the promises of jurisdiction. But because the details ‘‘mock’’ conference. Each House ap- they made. The executive branch want- of this consultative process are not pointed conferees to participate. ed advance authorization from Con- spelled out by law, some call this stage To begin the conference process, staff gress to negotiate non-tariff trade the ‘‘informal process’’ or the ‘‘mock from both parties and both Houses agreements. process.’’ jointly prepared a document identi- The administration proposed treating No one should be fooled by these ti- fying all the differences between the tariff and non-tariff agreements the tles. This cooperative drafting ven- two versions of the draft bill. Where same. The executive branch said: Con- ture—while not spelled out in the law— agreement was possible, staff rec- gress should simply authorize the is the centerpiece of the fast-track ommended a resolution. President in advance to negotiate and process. Typically, the House and Senate ex- implement the deals that the President It is at this stage—before the imple- changed offers on more difficult issues, makes. menting bill becomes unamendable— which were then resolved at the Mem- The Finance Committee resisted. that the trade committees can weigh in ber level. In each case, Members and Yes, tariff deals are easy to approve in and bring their own ideas to the table. staff were able to resolve all or vir- advance. All Congress has to do for a Congress and the President first used tually all conflicts. Both committees tariff deal is to tell the Executive how the procedures adopted in the Trade could then recommend identical draft low the negotiators can go. Act of 1974 to implement the GATT bills to the administration for formal But non-tariff deals are more com- Tokyo Round agreements in 1979. The submission. plicated. They can cover things like Government has since used these pro- This time-tested process really Customs rules, trade remedies, food cedures to implement the WTO Uru- works. It allows Congress to exercise safety rules, and intellectual property guay Round Agreements, as well as its Constitutional prerogatives in full, rights. It would be too difficult for free trade agreements with Israel, Can- while still guaranteeing the President Congress to approve parameters for ada, Mexico, Singapore, and Chile. these kinds of agreements in advance. From the beginning, the Finance and our trading partners a timely vote Congress would want to see the details Committee has strived to make the in- on trade agreements. before deciding to approve and imple- formal process operate as much as pos- Although these informal procedures ment these deals. sible like the normal legislative proc- are not statutory, they were certainly Congress and the President reached a ess. on my mind when I worked to secure a compromise and enacted it in the For that reason, the Finance Com- renewal of the President’s trade negoti- Trade Act of 1974. That Act created the mittee always holds a mock markup of ating authority in the Trade Act of so-called ‘‘fast-track’’ process. the draft implementing bill. Like any 2002. I firmly believe that Congress Fast-track has something for every- markup, this event is open to the pub- should continue to insist on a meaning- one. It gives the Executive express au- lic. And Members are free to offer ful and robust informal process. thority to negotiate tariff and non-tar- amendments to the draft bill that has One of the keys to a meaningful in- iff agreements, so long as our trade been developed by the administration formal process is time. In the case of representatives meet general negoti- and committee staff. the U.S.-Canada Free Trade Agree- ating objectives set out by Congress. The committee holds a recorded vote ment, the informal process took 7 And it guarantees our trade partners on each amendment offered. It then months. That is how much time that any agreement will receive an up- votes on whether to approve the draft elapsed between when the U.S. signed or-down vote by a date certain. That bill, as amended, in a recorded vote. the agreement and when the President way, when they negotiate with the Amendments are common events at formally submitted the implementing United States, they know that Con- mock markups. When the Committee bill to Congress. During that time, the

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2004 CONGRESSIONAL RECORD — SENATE S7821 Finance Committee held hearings, con- always be as easy in future as our re- The family was fleeing from Mr. ducted several weeks of informal draft- cent experience with Singapore and Yamada’s alcoholic father, who had ing, and held four mock markup ses- Chile. been physically abusive to his mother, sions. The informal conference alone Second, timing should always be the children and even his own parents. included 3 days of Member-level meet- Member-driven. Members should have Since the, he has had no contact with ings and took close to 2 months to the time that they need to review the his father and is unsure if he is even complete. relevant materials and participate in alive. Tragically, Mr. Yamada experi- The informal process for NAFTA the informal process. We should never enced further hardship when his moth- lasted a full year. It included five hear- cut that time short just to meet artifi- er was killed in a car crash in 1995. Or- ings in the Finance Committee as well cial deadlines. phaned at the age of 13, Mr. Yamada as hearings in five other committees. When we shortchange the process, we spent time living with his aunt before The Finance Committee staff worked shortchange the Constitution. When we moving to Chula Vista to live with a with the administration for months on start cutting corners on process, we close friend of his late mother. legislative drafting. The Finance Com- begin to abdicate Congress’s constitu- The death of his mother marked mittee’s markup involved 3 sessions tional role in making trade law. more than a personal tragedy for over 2 weeks, followed by a conference. A good agreement is no excuse for Shigeru Yamada; it also served to im- The informal process for the Uruguay bad process. A good agreement is no ex- pede the process for him to legalize his Round Agreements Act took about 9 cuse for Congress to surrender its Con- status here. At the time of her death, months. stitutional role. The ends do not jus- Mr. Yamada’s family was living legally The Singapore and Chile FTAs took tify the means. in the United States. His mother had less time. That makes sense. The Let us work together to advance the acquired a student visa for herself and agreements required many fewer process of free trade. Let us ensure a her children qualified as her depend- changes to U.S. law than those that fair process for reaching our trade ents. Her death revoked his legal sta- came before. agreements, and thereby make future tus in the United States. Tragically, Mr. Yamada’s mother was engaged to After walking through the draft bills trade agreements easier to achieve. an American citizen at the time of her in detail with the administration, with And by advancing those agreements, death. Had she survived, her son would Committee staff, and with legislative let us work together to earn those ben- likely have become an American cit- counsel, Members were satisfied. They efits of free trade of greater economic izen through this marriage. chose not to offer any amendments at growth and higher standards of living Mr. Yamada has exhausted his op- the mock markups. No conference was for generations of Americans yet to tions under our current immigration necessary. come. system of the United States. Through- Affording sufficient time to the proc- f out high school, he contacted attor- ess pays off. After the President for- neys in the hopes of becoming a cit- mally submits an implementing bill, LOCAL LAW ENFORCEMENT ACT OF 2003 izen. Unfortunately, time has run out the fast-track procedures allow Con- and, for Mr. Yamada, the only option gress up to 90 days to complete action. Mr. SMITH. Mr. President, I rise available to him today is private relief That is 90 days on which Congress is in today to speak about the need for hate legislation. session not calendar days. crimes legislation. On May 1, 2003, Sen- For several reasons, it would be trag- But nowhere near that much time ator KENNEDY and I introduced the ic for Mr. Yamada to be removed from has ever been used. The formal process Local Law Enforcement Enhancement the United States and sent to Japan. took 56 calendar days for the U.S.-Can- Act, a bill that would add new cat- First, since arriving in the United ada Agreement—including the August egories to current hate crimes law, States, Mr. Yamada has lived as a recess. NAFTA, Singapore, and Chile sending a signal that violence of any model American. He graduated with took a mere 16 days each. kind is unacceptable in our society. honors form Eastlake High School in What lesson can we learn from all On November 20, 1995, a young 2000, where he excelled in both aca- this experience? Process matters. transsexual woman named Chanelle demics and athletics. Academically, Congress needs to be engaged Picket was beaten severely and then Mr. Yamada earned a number of awards throughout the negotiations. The trade strangled to death after leaving a gay including being named an ‘‘Out- committees need to play an active role bar in downtown Boston. standing English Student’’ his fresh- in drafting implementing legislation. I believe that Government’s first man year, an All-American Scholar, Committee members need to have duty is to defend its citizens, to defend and earning the United States National enough time to give meaningful consid- them against the harms that come out Minority Leadership Award. His teach- eration to amendments and to resolve of hate. The Local Law Enforcement er and coach, Mr. John Inumerable, de- any differences between the Houses be- Enhancement Act is a symbol that can scribes him as being ‘‘responsible, hard fore the Government completes an im- become substance. I believe that by working, organized, honest, caring and plementing bill. When that happens, passing this legislation and changing very dependable.’’ His role as the vice the formal fast-track process goes current law, we can change hearts and president of the Associated Student quite smoothly. minds as well. Body his senior year is an indication of What does this mean for the future? Mrs. FEINSTEIN. Mr. President, I Mr. Yamada’s high level of leadership, First, we should not get overconfident. offer into the RECORD my statement of as well as, his popularity and trust- Just because the process works support of S. 2548, private relief legisla- worthiness among his peers. As an ath- smoothly and quickly for some agree- tion to provide lawful permanent resi- lete, Mr. Yamada was named the ‘‘Most ments, like Singapore and Chile, dence status to Shigeru Yamada, a 22- Inspirational Player of the Year’’ in doesn’t mean we can start skipping year-old Japanese national who lives in junior varsity baseball and football, as steps. In fact, with a vote on whether Chula Vista, CA. well as, varsity football. His football to extend the President’s trade pro- I have decided to offer private relief coach, Mr. Jose Mendoza, expressed his motion authority for an additional 2 legislation on his behalf because I be- admiration by saying that he has ‘‘seen years possible next summer, now is no lieve that Shigeru Yamada represents a in Shigeru Yamada the responsibility, time to get sloppy. model American citizen for whom re- dedication and loyalty that the aver- More complex agreements may be moval from this country would rep- age American holds to be virtuous.’’ ahead. CAFTA involves six countries resent an unfair hardship. Without this Second, Mr. Yamada has distin- and could raise controversial new legislation, Mr. Yamada will be forced guished himself as a local volunteer. As issues. Any agreements that come out to return to a country in which he a member of the Eastlake High School of the WTO Doha Round or the FTAA lacks any linguistic, cultural or family Link Crew, Mr. Yamada helped fresh- talks could require extensive new im- ties. men find their way around campus, of- plementing legislation. In sum, we Mr. Yamada legally entered the fered tutoring and mentoring services, would be foolish to assume the process United States with his mother and two and set an example of how to be a suc- of developing implementing bills will sisters in 1992 at the young age of 10. cessful member of the student body.

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7822 CONGRESSIONAL RECORD — SENATE July 8, 2004 Since graduating from high school, he nent status so that he can continue to- Through my personal experiences as a has volunteered his time as the coach wards his bright future. squad leader in the United States Army (In- of the Eastlake High School girl’s soft- I ask unanimous consent three let- fantry) and Department Head at Home ball team. The head coach, Mr. Charles ters of recommendation be printed in Depot. I have seen in Shigeru Yamada the re- sponsibility, dedication and loyalty that the Sorge, describes him as an individual the RECORD. average American holds to be virtuous. full of ‘‘integrity’’ who understands There being no objection, the mate- So with great appreciation please endorse that as a coach it is important to work rial was ordered to be printed in the a Bill, so that Shigeru Yamada can stay in as a ‘‘team player.’’ His level of com- RECORD, as follows: the United States and become a patriotic cit- izen. mitment to the team was further illus- EASTLAKE HIGH SCHOOL, trated to Mr. Sorge when he discov- Chula Vista, CA, May 21, 2004. Sincerely, JOSE MENDOZA, ered, halfway through the season, that Hon. DIANNE FEINSTEIN, Instructional Aide. Mr. Yamada’s commute to and from U.S. Senator. I am writing to bring to your attention the practice was 2 hours long each way. It EASTLAKE HIGH SCHOOL, need to support a fine young man, Shigeru takes an individual with character to Chula Vista, CA. Yamada. I am a teacher and coach at East- To Whom It May Concern: volunteer his time to coach and never lake High School; I have known Shigeru for bring up the issue of how long his com- I would like to write this letter of rec- 8 years, both as a student and as a volunteer ommendation on behalf of Shigeru Yamada mute takes him each day. Mr. Sorge coach during the last 5 years. What has sin- hopes that, once Mr. Yamada legalizes for his outstanding contributions to East- gularly impressed me about this young man lake High School and the Eastlake Commu- his status, he can be formally hired to is that he has created himself and never nity. I have been closely tied to Shigeru for continue coaching the team. complained about his life’s struggles. His approximately 2 years as teacher, coach, and Third, sending Mr. Yamada back to mother died when he was young. He got lit- as a friend. Throughout his years at East- Japan would be an immense hardship tle support from his aunt—materially, emo- lake High School, Shigeru has participated for him and his family. Mr. Yamada tionally, spiritually. Yet all the while you successfully in many extra-curricular activi- would not have known that. He set goals for ties and has earned the respect and admira- does not speak Japanese. He is unaware himself academically and athletically; mod- of the nation’s current cultural trends. tion from staff members, fellow students and eled himself on good ideals of community the surrounding community. Shigeru has de- And, he has no immediate family mem- service and service to his school. He was veloped into an outstanding performer in bers that he knows of in Japan. Cur- vice-president of the Associated Student Eastlake’s football, wrestling and baseball rently, both of his sisters are in the Body at Eastlake High and would have pur- programs. He is strongly admired for his process of gaining American citizen- sued an academic future at UCLA were it not sportsmanship, work ethic and most of all ship. His older sister has married a for his citizenship status. Instead, he did his natural ability as a team leader. For his United States citizen and his younger what he could do and has gone to community efforts, Shigeru was recognized for athletic college in an effort to pursue his college de- and academic achievements by being se- sister is being adopted by a maternal gree. aunt. Since all of his family lives in lected to the 1998–99 San Diego Union Trib- All the while, he volunteered his time dur- une All-Academic Wrestling Team. Although California, sending Mr. Yamada back ing these past 5 years to help coach our Shigeru spends much of his time with com- to Japan would serve to split his fam- school’s softball team (as well as other petitive sports, he always finds time to help ily apart and separate him from every- sports on campus). It was only recently that other students in need. Shigeru is an active one and everything that he knows. His I had discovered that it would take him 2 participant with the Eastlake Link Crew. sister contends that her younger broth- hours with bus transfers just to get to soft- This organization was established to assist er would be ‘‘lost’’ if he had to return ball practice. our ninth graders with finding their way I provide this information to you as a tes- to live in Japan on his own. It is un- around campus, learning school traditions, timonial to the character of this young man. tutoring, mentoring, monitoring academic likely that he would be able to find any Exceptional in attitude and determination. progress and setting examples of how to be a gainful employment in Japan due to We need this kind of spirit and resolve in successful member of our campus environ- his inability to speak or read Japanese. America. We do not want to export it some- ment. Academically, Shigeru excels in the As a member of the Chula Vista com- where else. Please help. mathematics and is presently taking Honors munity, Mr. Yamada has distinguished Respectfully, Pre-Calculus while carrying a 3.8 overall himself as an honorable individual. His CHARLES R. SORGE, EdD, Grade Point Average. In addition, Shigeru is teacher, Mr. Robert Hughes, describes English Teacher and Head Softball Coach. an active member in the AVID (Advance- him as being an ‘‘upstanding ‘All- ment Via Individual Achievement) program. EDMINSTER LEARNING CENTER, American’ young man’’. Until being This program helps our students develop aca- EASTLAKE HIGH SCHOOL, demic skills that are beneficial for them picked up during a routine check of his Chula Vista, CA, April 23, 2001. when they attend college. Shigeru is also a immigration status on a city bus, he To Mr. BOB FILNER: member of the Associated Student Body. The had never been arrested or convicted of I’m honored to write this letter for Shigeru ASB is the bloodline of our campus. This any crime. Mr. Yamada is not, and has Yamada. I have known Shigeru since 1997. A outstanding group of students work endless never been, a burden on the State. He very energetic, bright young man whose per- hours organizing pep assemblies and lunch- has never received any Federal or sonal charge and get after if attitude toward time activities, sells concessions at all State assistance. accomplishing his goals, have no equal. A extra-curricular events and assist in all cam- Currently, Mr. Yamada is a sopho- person who personifies the notion of a ‘‘hard pus elections and dances as well as providing charger.’’ more at Southwestern Community Col- support services for faculty and staff mem- As an Instructional aide and Varsity Foot- bers. In several conversations, I have discov- lege, where he is working on finishing ball coach I have earned great admiration to- ered that Shigeru has a strong interest in his general education so that he can go ward Shigeru’s work ethic. While in high the field of Physical Therapy with an empha- on to earn his BA in criminal justice school, Shigeru received academic honors as sis in Sports Medicine. I strongly believe from San Diego State University. Mr. an All-American Scholar (’99), United States that Shigeru is capable of reaching his goals Yamada’s commitment to his edu- National Minority Leadership Award (’99 & because he is highly motivated, conscien- cation is admirable. He could have eas- ’00), the National Honor Roll (’00), Golden tious and extremely competent. ily taken a different path but, through State Awards, and Who’s Who Among High It is very easy to praise Shigeru for his School Students (’98–’00). His commitment personal achievements, but I think his per- his own individual fortitude, he has toward his duties goes with out question. He sonality is what makes him a great human dedicated himself to his studies so that managed to be a member of the Associative being. Shigeru is responsible, hard working, he can live a better life. In the future, Student Body. Here he received a Presi- organized, honest, caring and very depend- Mr. Yamada is interested in pursuing a dential Award (’00), ASB Leadership Award able. On a daily basis, Shigeru volunteers his career in criminal law enforcement by (’00), and Eastlake High School ASB Life time selling concessions during nutrition serving as a police officer or an FBI Membership Award (’00). break and lunch hour for the ASB food serv- agent. Through his many academic accomplish- ices. This job holds Shigeru accountable for With his hard work and giving atti- ments Shigeru managed to dedicate himself large sums of money, an accurate account of tude, Shigeru Yamada represents the to many extra curricular activities, such as inventories and timely service. Very few stu- Football, Baseball, and Wrestling. Other ac- dents have been trusted with this major re- ideal American citizen. Although born tivities included, the Boys Choir (The ‘‘E’’ sponsibility. Another word that describes in Japan, he is truly American in every Males), AVID (Advancement via Individual Shigeru is resiliency. Within the past couple other sense. I ask you to help right a Determination), and Link Crew (assisting in- of years Shigeru lost both of his parents in a wrong and grant Mr. Yamada perma- coming freshmen). tragic automobile accident. Consequently,

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2004 CONGRESSIONAL RECORD — SENATE S7823 this sad episode has left a permanent impres- to as ‘‘Phish-heads’’—follow the band COMMUNITY DEVELOPMENT sion on Shigeru. Fortunately, Shigeru has from concert to concert living off HOMEOWNERSHIP TAX CREDIT overcome this tragedy and has maintained a veggie burritos, grilled cheese sand- ACT standard for other young people to follow. wiches and the charity of others. Shigeru has proven to me that life is too im- ∑ Mr. SANTORUM. Mr. President, portant to waste and to enjoy every moment Through it all, Phish has always con- President Bush officially declared the by being an active member of society, not sidered Vermont home. In a tribute to month of June as ‘‘National Homeown- just a spectator. their Burlington roots, the band’s first ership Month,’’ and with this annual Sincerely, album produced with a major record tradition, America’s attention was JOHN INUMERABLE. company was titled A Picture of Nec- again drawn to the importance of f tar. And the band’s share of proceeds homeownership and the stability it can TRIBUTE TO PHISH from sales of the popular ‘‘Phish Food’’ bring to families and neighborhoods. It Ben and Jerry’s ice cream flavor goes is often homeownership that finan- Mr. LEAHY. Mr. President, on Au- directly toward environmental projects cially anchors American families and gust 15 in Coventry, VT, a beloved in Vermont’s Lake Champlain Water- civically anchors our communities. But chapter in American music history will shed. Now, as they prepare for their I believe our focus on homeownership come to a close as the jam band Phish final show in Vermont, it is appro- also returns our attention to the basic holds its final concert for legions of de- priate that they finish where they ideals of the American Dream. Ensur- voted ‘‘phans’’ and ‘‘Phish-heads.’’ We started. ing access to homeownership, and in Vermont are well known for our su- Though Phish has sold millions of al- through it access to the American perb maple syrup, our wonderful ice bums and become a huge success, in Dream, is among the most significant cream, our award-winning cheese and spirit they remain a group that is un- ways we can empower our citizens to our beautiful scenery, but after 21 re- pretentious and unfailingly loyal to achieve the happy, productive and sta- markable years, the jam band Phish their fans. Their admirable generosity ble lifestyle everyone desires. has certainly become one of our most has fostered a sense of community Having a house of one’s own that pro- famous exports. among those who follow the group. The vides security and comfort to one’s The four musicians of Phish—Trey band’s break-up is a source of sadness family and that gives families an ac- Anastasio, Mike Gordon, Page to all of us who know and love them. tive, vested interest in the quality of O’Connell, and Jon Fishman—met and I congratulate Trey Anastasio, Mike life their community provides is cen- started playing together as under- Gordon, Jon Fishman and Page tral to our collective ideas about free- graduates at the University of O’Connell on their remarkable success. dom and self-determination. As a na- Vermont in the early 1980s. The band I am grateful for all they have done for tion, we know that homeownership quickly moved beyond its humble be- Vermont, for American music, and for helps the emotional and intellectual growth and development of children. ginnings in a dormitory basement to their fans. Most importantly, we sin- We know that homeowners show great- playing a small nightclub in Bur- cerely appreciate their authenticity, er interest and more frequent partici- lington called Nectar’s. While they their enthusiasm and their generosity. pation in civic organizations and toured for 5 years before releasing any While no one wants to see Phish stop commercial albums, the buzz around neighborhood issues. We know that playing after this summer, we can all when people own homes, they are more the band spread as their striking melo- take some solace that their music will dies and lively jam sessions endeared likely to accumulate wealth and assets live on, in these words from their song, and to prepare themselves financially them to a growing legion of fans. ‘‘Down With Disease.’’ Phish released its first commercial for such things as their children’s edu- Waiting for the time when I can finally say album, Junta, in 1989. Since then, the cation and retirement. That this has all been wonderful, but now In America today, homeownership is band has put out more than 35 studio I’m on my way. and live albums that have sold millions at a record high. Unfortunately, how- But when I think it’s time to leave it all be- ever, there remains a significant gap of copies. They have more than 200 hind, between minority and non-minority original songs, and many of the songs I try to find a way, but there’s nothing I can populations, leaving homeownership an die-hards love most were never re- say to make it stop. elusive financial prospect for many. corded in the studio. f The homeownership rate for the na- But the magic of Phish is not as tion’s African American and Hispanic much in its studio recordings as it is in ADDITIONAL STATEMENTS households lags more than 25 percent- its live performances. In an era when age points below White households. slick marketing techniques often over- LAUREN AMBER COOK In Congress, we have the responsi- shadow the musical accomplishments bility of ensuring that the dream of of the artists themselves, this talented Mr. BUNNING. Mr. President, I pay homeownership is possible for more of band from Vermont has provided a re- tribute and congratulate Lauren our citizens. Last year, Senator JOHN freshing contrast by promoting free Amber Cook of Princeton, KY on being KERRY and I drafted and sponsored S. spiritedness and individuality in their awarded the William R. Sprague Schol- 875, the ‘‘Community Development music. arship from the Kentucky Farm Bu- Homeownership Tax Credit Act,’’ a bill The band has always been uncon- reau Education Foundation. This aca- that enjoys strong bipartisan support cerned about releasing catchy singles demic scholarship will provide Lauren in the Senate. This legislation would and making millions of dollars from with $4,000 toward her education. give developers and investors an incen- record sales. Instead they play long Lauren has proven to be a very able tive to participate in the rehabilitation jams—oftentimes with songs lasting 30 and competent student by winning this and construction of homes for low- and minutes or longer—and tour year- prestigious award. She will represent moderate-income buyers. This measure round. Bucking a trend in the industry, the graduates of Caldwell County High is aimed at reaching President Bush’s they even encouraged people to tape School very well when she enrolls at goal of increasing American minority their shows for free and trade them on Vanderbilt University in the autumn. homeownership by 5.5 million families, the Internet. For the members of There she plans to study chemical en- thus making 5.5 million new dreams Phish, it really is all about their music gineering with a focus on agriculture. come true. and their fans. The citizens of Caldwell County Owning a home is an integral part of Every night on stage is a new and dif- should be proud to have a young attaining the security, continuity, and ferent showcase for the talents of the woman like Lauren Amber Cook in comfort of living the American Dream. versatile and endlessly creative band their community. Her example of dedi- I will continue to advocate policies members. Whether they are playing cation and hard work should be an in- that help make this dream become a electric guitars, keyboards, drums, or spiration to the entire Commonwealth. reality for our Nation’s families. I ask vacuum cleaners, Phish’s She has my most sincere apprecia- my colleagues to join me in support- improvisational talent has never dis- tion for this work, and I look forward ing homeownership by cosponsoring appointed. Many fans—often referred to her continued service to Kentucky. S. 875.∑

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7824 CONGRESSIONAL RECORD — SENATE July 8, 2004 TRIBUTE TO LIEUTENANT For the past 3 years, ADM Jim Ellis the staff of the commander in chief, GENERAL ROBERT B. FLOWERS has demonstrated his leadership as U.S. Atlantic Fleet. He assumed duties ∑ Mr. CONRAD. Mr. President, I want commander of United States Strategic as deputy chief of Naval Operations— to take a few moments today to pub- Command. During his time at Offutt Plans, Policy and Operations—in No- licly thank Lieutenant General Robert AFB, in Nebraska, Jim Ellis personi- vember 1996. Flowers, who left his post as com- fied the Navy’s core values of integrity, Admiral Ellis became commander in mander and chief of engineers of the selfless service, and excellence in all chief, U.S. Naval Forces, Europe U.S. Army Corps of Engineers on July things. I join the many Members and headquartered in London, England, and 1. General Flowers is one of the finest staff who enjoyed the opportunity to commander in chief, Allied Forces, individuals I have worked with as a meet with him on a variety of strategic Southern Europe headquartered in U.S. Senator representing North Da- issues and came to appreciate his abil- Naples, Italy, in October 1998. During kota. He is not only a fine, trusted pub- ity to integrate his many talents at his time serving in Europe, Admiral lic servant, he is also a good friend. Offutt. Ellis provided support to NATO forces North Dakota and the Nation owe Admiral Ellis is retiring from his as they waged war over Kosovo. General Flowers a deep debt of grati- post tomorrow. There will be a cere- I was especially pleased when he was tude. He served as chief of engineers for mony in Omaha to honor him that I nominated to continue service to the 4 years, and he served admirably. Dur- will attend. Nation as commander, U.S. Strategic Today, it is my privilege to recognize ing that period, he helped advance the Command in 2001. As such, Admiral with admiration and thanks some of construction of the Grand Forks flood Ellis is responsible for the global com- Admiral Ellis’ many accomplishments control project and other important mand and control of U.S. strategic since he entered the military 35 years flood control projects in the Red River forces and provides a sweeping range of ago, and to commend the superb serv- Valley. He also fought hand in hand strategic capabilities and options for ice he provided the Navy, the Congress with the North Dakota congressional the President and Secretary of Defense. and the Nation. Admiral Ellis is a 1969 delegation as we have worked to imple- While combatant commander in 2002, graduate of the U.S. Naval Academy. ment solutions to the chronic flood at Admiral Ellis oversaw the merger of He was designated a Naval aviator in Devils Lake. Throughout it all, he has U.S. Space Command with U.S. Stra- 1971 and has held a variety of sea and always gone above and beyond the call tegic Command, demonstrating exem- shore assignments since 1972. plary leadership during a critical pe- of duty. His sea duty billets as a Navy fighter General Flowers is one of the most riod of transition. pilot included tours with Fighter Over the years, Admiral Ellis’s lead- capable leaders of the Corps of Engi- Squadron 92 aboard USS Constellation, neers I have ever had the pleasure of ership, professionalism and expertise CV 64, and Fighter Squadron 1 aboard enabled him to foster exceptional rap- working with. He is a true professional, USS Ranger, CV 61. and has a unique ability to walk into a port with many Members of both the From early in his career, Jim Ellis’ Senate and the House. I am personally difficult condition, assess the situa- exceptional leadership skills were evi- tion, and calmly, but decisively, take grateful for his friendship. I offer con- dent as he repeatedly proved himself in gratulations to him and his wife, Polly, action. He listens carefully to people select command positions. Admiral and has a leadership style that invites on his exceptionally well-deserved re- Ellis was the first Commanding Officer tirement. The Congress and country creative solutions to complex prob- of Strike/Fighter Squadron 131, deploy- lems. applaud the selfless commitment his ing in 1985 with new F/A–18 Hornets entire family has made to the Nation General Flowers is also a man of tre- aboard USS Coral Sea, CV 43. He served mendous integrity. He cares deeply in supporting his military career. I as executive officer of the nuclear-pow- know I speak for all my colleagues in about the people of this Nation, and his ered aircraft carrier USS Carl Vinson, commitment to doing the right thing expressing my heartfelt appreciation CVN 70, and as commanding officer of to Admiral Ellis. We wish our friend was unmatched. He was willing to fight USS LaSalle, AGF 3, the Arabian Gulf for the needs of common citizens, even the best of luck. He is truly a credit to flagship of the Commander, Joint Task both the Navy and the Nation.∑ if it meant leading an uphill fight and Force, Middle East. challenging others within the Corps. In 1991, Admiral Ellis assumed com- f To General Flowers, ‘‘no’’ was simply mand of the USS Abraham Lincoln, CVN MESSAGES FROM THE PRESIDENT unacceptable. He worked diligently to 72, and participated in Operation turn over every stone and formulate Desert Storm while deployed during Messages from the President of the solutions that are workable and re- her maiden voyage in the western Pa- United States were communicated to sponsive to the water challenges faced cific and Arabian Gulf. In June 1995, the Senate by Ms. Evans, one of his by communities across the country. Admiral Ellis assumed command of secretaries. I know that the General Flowers Carrier Group FIVE/Battle Force SEV- f leaves the Corps a much better organi- ENTH Fleet, breaking his flag aboard EXECUTIVE MESSAGES REFERRED zation due to his leadership. The Gen- USS Independence, CV 62, forward de- eral set high standards for his team, ployed to the Western Pacific and As in executive session the PRE- and they delivered time and time homeported in Yokosuka, Japan. As SIDING OFFICER laid before the Sen- again. I will not forget the contribu- carrier battle group commander he led ate messages from the President of the tions General Flowers has made to the contingency response operations to United States submitting sundry nomi- people of my State and the country. both the Arabian Gulf and Taiwan nations which were referred to the ap- I want to again express my deep ap- Straits. propriate committees. preciation and respect for General Admiral Ellis also excelled in a vari- (The nominations received today are Flowers for his service to my state and ety of key shore and staff assignments printed at the end of the Senate pro- to our Nation. We in North Dakota will that included tours as an experimental/ ceedings.) miss you, General, but wish you all the operational test pilot, service in the f best.∑ Navy Office of Legislative Affairs, and f duty as F/A–18 program coordinator, MESSAGE FROM THE HOUSE deputy chief of Naval Operations, Air At 12:26 p.m., a message from the RETIREMENT OF ADMIRAL JAMES Warfare. He also served as deputy com- House of Representatives, delivered by O. ELLIS, JR. FROM U.S. STRA- mander and chief of Staff, Joint Task Ms. Niland, one of its reading clerks, TEGIC COMMAND Force FIVE, the counternarcotics force announced that the House has passed ∑ Mr. NELSON of Florida. Mr. Presi- for U.S. Commander in Chief Pacific. the following bills, in which it requests dent, today, it is my honor and my In November 1993 he reported as inspec- the concurrence of the Senate: privilege to recognize one of the finest tor general, U.S. Atlantic Fleet, and H.R. 1856. An act to reauthorize the Harm- officers in the U.S. Navy, and a good subsequently served as director for Op- ful Algal Bloom and Hypoxia Research and friend of mine, ADM James O. Ellis, Jr. erations, Plans and Policy, N3/N5, on Control Act of 1998, and for other purposes.

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2004 CONGRESSIONAL RECORD — SENATE S7825 H.R. 3890. An act to reauthorize the Steel accompanying papers, reports, and doc- tion, Securities and Exchange Commission, and Aluminum Energy Conservation and uments, and were referred as indicated: transmitting, pursuant to law, the report of Technology Competitiveness Act of 1998. EC–8307. A communication from the Acting a rule entitled ‘‘Rule 31—Section 31 Trans- H.R. 4218. An act to amend the High-Per- Assistant Secretary for Management, De- action Fees; Rule 31T—Temporary Rule Re- formance Computing Act of 1991. garding Fiscal Year 2004; Form R31—Form H.R. 4516. An act to require the Secretary partment of the Treasury, transmitting, pur- suant to law, a report relative to the Depart- for Reporting Covered Sales and Covered of Energy to carry out a program of research Round Turn Transactions Under Section 31 and development to advance high-end com- ment’s competitive sourcing efforts; to the Committee on Banking, Housing, and Urban of the Securities and Exchange Act of 1934’’ puting. (RIN3235–AJ02) received on July 6, 2004; to Affairs. The message also announced that the EC–8308. A communication from the Dep- the Committee on Banking, Housing, and House has agreed to the following con- uty Chief Financial Officer, Department of Urban Affairs. EC–8319. A communication from the Chair- current resolution, in which it requests Housing and Urban Development, transmit- man, Board of Governors of the Federal Re- the concurrence of the Senate: ting, pursuant to law, a report relative to serve System, transmitting, pursuant to law, the Department’s competitive sourcing ef- H. Con. Res. 301. Concurrent resolution a report relative to the profitability of the forts; to the Committee on Banking, Hous- supporting the goals and ideals of the World credit card operations of depository institu- Year of Physics. ing, and Urban Affairs. EC–8309. A communication from the Chair- tions; to the Committee on Banking, Hous- f ing, and Urban Affairs. man and President, Export-Import Bank of EC–8320. A communication from the Dep- the United States, transmitting, pursuant to MEASURES REFERRED uty Secretary, Division of Investment Man- The following bills were read the first law, the report of a transaction involving agement, Securities and Exchange Commis- time and the second times by unani- U.S. exports to Australia; to the Committee sion, transmitting, pursuant to law, the re- on Banking, Housing, and Urban Affairs. port of a rule entitled ‘‘Investment Adviser mous consent, and referred as indi- EC–8310. A communication from the Assist- Codes of Ethics’’ (RIN3235–AJ08) received on cated: ant to the Board of Governors of the Federal July 6, 2004; to the Committee on Banking, H.R. 1856. An act to reauthorize the harm- Reserve System, transmitting, pursuant to Housing, and Urban Affairs. ful Algal Bloom and Hypoxia Research and law, the report of a rule entitled ‘‘Fair Cred- EC–8321. A communication from the Chief Control Act of 1998, and for other purposes; it Reporting Act’’ received on June 24, 2004; Counsel, Bureau of the Public Debt, Depart- to the Committee on Commerce, Science, to the Committee on Banking, Housing, and ment of the Treasury, transmitting, pursu- and Transportation. Urban Affairs. ant to law, the report of a rule entitled ‘‘31 H.R. 3890. An act to reauthorize the Steel EC–8311. A communication from the Assist- and Aluminum Energy Conservation and CFR Part 344, U.S. Treasury Securities— ant General Counsel for Banking and Fi- State and Local Government Series’’ re- Technology Competitiveness Act of 1988; to nance, Departmental Offices, Department of the Committee on Energy and Natural Re- ceived on July 6, 2004; to the Committee on the Treasury transmitting, pursuant to law, Banking, Housing, and Urban Affairs. sources. the report of a rule entitled ‘‘Terrorism Risk H.R. 4218. An act to amend the High-Per- EC–8322. A communication from the Ad- Insurance Program—Claims Procedures’’ ministrator, Small Business Administration, formance Computing Act of 1991; to the Com- (RIN1505–AB07) received on June 24, 2004; to mittee on Commerce, Science, and Transpor- transmitting, pursuant to law, a report rel- the Committee on Banking, Housing, and ative to the Administration’s competitive tation. Urban Affairs. H.R. 4516. An act to require the Secretary sourcing efforts; to the Committee on Small EC–8312. A communication from the Dep- Business and Entrepreneurship. of Energy to carry out a program of research uty Secretary, Division of Investment Man- and development to advance high-end com- EC–8323. A communication from the Co- agement, Securities and Exchange Commis- puting; to the Committee on Energy and Chairs, Abraham Lincoln Bicentennial Com- sion, transmitting, pursuant to law, the re- Natural Resources. mission, transmitting, pursuant to law, the port of a rule entitled ‘‘Disclosure Regarding Commission’s Interim Report; to the Com- f Approval of Investment Advisory Contracts mittee on the Judiciary. MEASURES PLACED ON THE By Directors of Investment Companies’’ EC–8324. A communication from the Assist- CALENDAR (RIN3235–AJ10) received on June 25, 2004; to ant Attorney General for Administration, the Committee on Banking, Housing, and Department of Justice, transmitting, pursu- The following joint resolution was Urban Affairs. ant to law, a report relative to the Depart- read the second time, and placed on the EC–8313. A communication from the Senior ment’s competitive sourcing efforts; to the calendar: Paralegal for Regulations, Office of Thrift Committee on the Judiciary. S.J. Res. 40. Joint resolution proposing an Supervision, Department of the Treasury, EC–8325. A communication from the Attor- amendment to the Constitution of the transmitting, pursuant to law, the report of ney General of the United States, transmit- United States relating to marriage. a rule entitled ‘‘Assessments and Fees’’ ting, pursuant to law, the Department of (RIN1550–AB89) received on July 6, 2004; to Justice’s Strategic Plan for Fiscal Years f the Committee on Banking, Housing, and 2003–2008; to the Committee on the Judiciary. MEASURES READ THE FIRST TIME Urban Affairs. EC–8326. A communication from the Assist- EC–8314. A communication from the Gen- ant Attorney General, Office of Legislative The following bills were read the first eral Counsel, National Credit Union Admin- Affairs, Department of Justice, transmit- time: istration, transmitting, pursuant to law, the ting, pursuant to law, a report relative to S. 2629. A bill to amend the Medicare Pre- report of a rule entitled ‘‘Suretyship and the Victims Compensation Fund; to the scription Drug, Improvement, and Mod- Guaranty; Maximum Borrowing Authority’’ Committee on the Judiciary. ernization Act of 2003 to eliminate the cov- received on July 4, 2004; to the Committee on EC–8327. A communication from the Dep- erage gap, to eliminate HMO subsidies, to re- Banking, Housing, and Urban Affairs. uty General Counsel and Designated Report- peal health savings accounts, and for other EC–8315. A communication from the Gen- ing Official, Office of National Drug Control purposes. eral Counsel, National Credit Union Admin- Policy, transmitting, pursuant to law, the S. 2630. A bill to amend title 5, United istration, transmitting, pursuant to law, the report of a vacancy in the position of Deputy States Code to establish a national health report of a rule entitled ‘‘12 C.F.R. Part 745 Director for Supply Reduction, Office of Na- program administered by the Office of Per- Share Insurance and Appendix’’ received on tional Drug Control Policy, received on July sonnel Management to offer Federal em- July 4, 2004; to the Committee on Banking, 1, 2004; to the Committee on the Judiciary. ployee benefits plans to individuals who are Housing, and Urban Affairs. EC–8328. A communication from the White not Federal employees, and for other pur- EC–8316. A communication from the Gen- House Liaison, Department of Education, poses. eral Counsel, National Credit Union Admin- transmitting, pursuant to law, the report of S. 2631. A bill to require the Federal Trade istration, transmitting, pursuant to law, the a nomination confirmed for the position of Commission to monitor and investigate gas- report of a rule entitled ‘‘Organization and Under Secretary, Department of Education, oline prices under certain circumstances. Operations of Federal Credit Unions; Loan received on June 25, 2004; to the Committee S. 2632. A bill to establish a first responder Participation’’ received on July 4, 2004; to on Health, Education, Labor, and Pensions. and terrorism preparedness grant informa- the Committee on Banking, Housing, and EC–8329. A communication from the White tion hotline, and for other purposes. House Liaison, Department of Education, S. 2633. A bill to amend the Federal Power Urban Affairs. Act to provide refunds for unjust and unrea- EC–8317. A communication from the Gen- transmitting, pursuant to law, the report of sonable charges on electric energy in the eral Counsel, National Credit Union Admin- a nomination for the position of Under Sec- State of California. istration, transmitting, pursuant to law, the retary, Department of Education, received report of a rule entitled ‘‘12 C.F.R. Part 708a; on June 25, 2004; to the Committee on f Conversion of Insured Credit Unions to Mu- Health, Education, Labor, and Pensions. EXECUTIVE AND OTHER tual Savings Banks’’ received on July 4, 2004; EC–8330. A communication from the White COMMUNICATIONS to the Committee on Banking, Housing, and House Liaison, Department of Education, Urban Affairs. transmitting, pursuant to law, the report of The following communications were EC–8318. A communication from the Dep- a nomination for the position of Deputy Sec- laid before the Senate, together with uty Secretary, Division of Market Regula- retary, Department of Education, received

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7826 CONGRESSIONAL RECORD — SENATE July 8, 2004 on June 25, 2004; to the Committee on Clarification and Skyland Eminent Domain a rule entitled ‘‘Charitable Contributions Health, Education, Labor, and Pensions. Approval Temporary Amendment Act of and Conservation Easements’’ (Notice 2004– EC–8331. A communication from the White 2004’’; to the Committee on Governmental 41) received on July 6, 2004; to the Committee House Liaison, Department of Education, Affairs. on Finance. transmitting, pursuant to law, the report of EC–8344. A communication from the Chair- EC–8357. A communication from the Chief, the discontinuation of service in acting role man of the Council of the District of Colum- Regulations Unit, Internal Revenue Service, for the position of Deputy Secretary, Depart- bia, transmitting, pursuant to law, the re- transmitting, pursuant to law, the report of ment of Education, received on June 25, 2004; port of D.C. Act 15–463, ‘‘Omnibus Public a rule entitled ‘‘Effective Date of Relative to the Committee on Health, Education, Safety Agency Reform Amendment Act of Value Regulations’’ (Ann. 2004–58) received Labor, and Pensions. 2004’’; to the Committee on Governmental on July 6, 2004; to the Committee on Fi- EC–8332. A communication from the White Affairs. nance. House Liaison, Department of Education, EC–8345. A communication from the Chair- EC–8358. A communication from the Chief, transmitting, pursuant to law, the report of man of the Council of the District of Colum- Regulations Unit, Internal Revenue Service, a nomination confirmed for the position of bia, transmitting, pursuant to law, the re- transmitting, pursuant to law, the report of Deputy Secretary, Department of Education, port of D.C. Act 15–442, ‘‘Omnibus Alcoholic a rule entitled ‘‘Internal Revenue Code Sec. received on June 25, 2004; to the Committee Beverage Amendment Act of 2004’’; to the 482: Allocation of Income and Deductions on Health, Education, Labor, and Pensions. Committee on Governmental Affairs. Among Taxpayers’’ (Rev. Proc. 2004–40) re- EC–8333. A communication from the White EC–8346. A communication from the Chair- ceived on July 6, 2004; to the Committee on House Liaison, Department of Education, man of the Council of the District of Colum- Finance. transmitting, pursuant to law, the report of bia, transmitting, pursuant to law, the re- EC–8359. A communication from the Chief, a nomination for the position of Assistant port of D.C. Act 15–456, ‘‘Office of Employee Regulations Unit, Internal Revenue Service, Secretary, Office of Special Education and Appeals Amendment Act of 2004’’; to the transmitting, pursuant to law, the report of Rehabilitative Services, Department of Edu- Committee on Governmental Affairs. a rule entitled ‘‘Information Reporting for cation, received on June 25, 2004; to the Com- EC–8347. A communication from the Chair- Advance Payments of Health Coverage Tax mittee on Health, Education, Labor, and man of the Council of the District of Colum- Credit’’ (Notice 2004–47) received on July 6, Pensions. bia, transmitting, pursuant to law, the re- 2004; to the Committee on Finance. EC–8334. A communication from the Acting port of D.C. Act 15–455, ‘‘Youth Pollworker EC–8360. A communication from the Chief, Director, National Science Foundation, Amendment Act of 2004’’; to the Committee Regulations Unit, Internal Revenue Service, transmitting, pursuant to law, the Founda- on Governmental Affairs. transmitting, pursuant to law, the report of tion’s report on its competitive sourcing ef- EC–8348. A communication from the Chair- a rule entitled ‘‘Meritless Filing Position forts for FY 2003; to the Committee on man of the Council of the District of Colum- Based on Sections 932(c) and 934(b)’’ (Notice Health, Education, Labor, and Pensions. bia, transmitting, pursuant to law, the re- 2004–45) received on July 6, 2004; to the Com- EC–8335. A communication from the Dep- port of D.C. Act 15–457, ‘‘Advisory Commis- mittee on Finance. uty Archivist of the United States, National sion on Sentencing Structured Sentencing EC–8361. A communication from the Chief, Archives and Records Administration, trans- System Pilot Program Act of 2004’’; to the Regulations Unit, Internal Revenue Service, mitting, pursuant to law, the report of a rule Committee on Governmental Affairs. transmitting, pursuant to law, the report of entitled ‘‘Revision of NARA Research Room EC–8349. A communication from the Chair- a rule entitled ‘‘Health Savings Accounts— Procedures’’ (RIN3095–AB10) received on July man of the Council of the District of Colum- Transition Relief for State Mandates’’ (2004– 6, 2004; to the Committee on Governmental bia, transmitting, pursuant to law, the re- 43) received on July 6, 2004; to the Committee Affairs. port of D.C. Act 15–458, ‘‘Closing of a Portion on Finance. EC–8336. A communication from the Dep- of a Public Alley in Square 235, S.O. 03–2526, EC–8362. A communication from the Chief, uty Archivist of the United States, National Act of 2004’’; to the Committee on Govern- Regulations Unit, Internal Revenue Service, Archives and Records Administration, trans- mental Affairs. transmitting, pursuant to law, the report of mitting, pursuant to law, the report of a rule EC–8350. A communication from the Chair- a rule entitled ‘‘Depreciation of Vans and entitled ‘‘Restrictions on the Use of man of the Council of the District of Colum- Light Trucks’’ (RIN1545–BB06) received on Records’’ (RIN3095–AB11) received on July 6, bia, transmitting, pursuant to law, the re- July 6, 2004; to the Committee on Finance. 2004; to the Committee on Governmental Af- port of D.C. Act 15–459, ‘‘Removal from the EC–8363. A communication from the Chief, fairs. Permanent System of Highways, a Portion of Regulations Unit, Internal Revenue Service, EC–8337. A communication from the Sec- 22nd Street, S.E., and the Dedication of Land transmitting, pursuant to law, the report of retary, Smithsonian Institution, transmit- for Street Purposes (S.O. 00–89) Technical a rule entitled ‘‘Tax Analysts v. Internal ting, pursuant to law, the Institution’s re- Amendment Act of 2004’’; to the Committee Revenue Service F. Supp.2d 192 (D.D.C. 2002), port relative to its competitive sourcing ef- on Governmental Affairs. Reversed, 350 F.3d 100 (D.C. Cir 2003) Action forts; to the Committee on Governmental Af- EC–8351. A communication from the Dep- on Decision’’ (AOD2004–29) received on July fairs. uty Secretary of Defense, Department of De- 6, 2004; to the Committee on Finance. EC–8338. A communication from the Direc- fense, transmitting, pursuant to law, the re- EC–8364. A communication from the Regu- tor, Woodrow Wilson International Center port of the Office of Inspector General for lations Coordinator, Department of Health for Scholars, transmitting, pursuant to law, the period from October 1, 2003 through and Human Services, transmitting, pursuant a report relative to the Center’s competitive March 31, 2004; to the Committee on Govern- to law, the report of a rule entitled ‘‘Medi- sourcing efforts; to the Committee on Gov- mental Affairs. care Program; Medicare Ambulance MMA ernmental Affairs. EC–8352. A communication from the Assist- Temporary Rate Increases Beginning July 1, EC–8339. A communication from the Attor- ant Secretary for Legislative Affairs, De- 2004’’ (RIN0938–AN24) received on July 6, 2004; ney General of the United States, transmit- partment of State, transmitting, pursuant to to the Committee on Finance. ting, pursuant to law, the Department of law, a report relative to the incidental cap- EC–8365. A communication from the Chief, Justice’s Fiscal Year 2003 Performance and ture of sea turtles in commercial shrimping Regulations Branch, Customs and Border Accountability Report; to the Committee on operations; to the Committee on Finance. Protection, Department of Homeland Secu- Governmental Affairs. EC–8353. A communication from the Assist- rity, transmitting, pursuant to law, the re- EC–8340. A communication from the Direc- ant Secretary for Legislative Affairs, trans- port of a rule entitled ‘‘Import Restrictions tor, Office of Personnel Management, trans- mitting, pursuant to law, a report relative to Imposed on Archaeological Material Origi- mitting, pursuant to law, the Office’s report the compliance of Armenia, Azerbaijan, nating in Honduras’’ (RIN1505–AB50) received on Federal agencies’ use of the physicians Kazhakstan, Moldova, the Russian Federa- on July 6, 2004; to the Committee on Fi- comparability allowance (PCA) program; to tion, Tajikstan, Ukraine, and Uzbekistan nance. the Committee on Governmental Affairs. with the 1974 Trade Act’s freedom of emigra- EC–8366. A communication from the Chair- EC–8341. A communication from the Chair- tion provisions; to the Committee on Fi- man, International Trade Commission, man, Postal Rate Commission, transmitting, nance. transmitting, pursuant to law, a report rel- pursuant to law, a report relative to Inter- EC–8354. A communication from the Presi- ative to the U.S.-Morocco Free Trade Agree- national Mail Costs, Revenues, and Volumes; dent of the United States, transmitting, pur- ment; to the Committee on Finance. to the Committee on Governmental Affairs. suant to law, a report relative to the United EC–8367. A communication from the Direc- EC–8342. A communication from the Sec- States-Australia Free Trade Agreement; to tor, Regulations and Forms Services, Bureau retary of the Treasury, transmitting, pursu- the Committee on Finance. of Immigration and Customs Enforcement, ant to law, the report of the Office of Inspec- EC–8355. A communication from the Chief, transmitting, pursuant to law, the report of tor General for the period ended March 31, Regulations Unit, Internal Revenue Service, a rule entitled ‘‘Authorizing Collection of 2004; to the Committee on Governmental Af- transmitting, pursuant to law, the report of the Fee Levied on F, J, and M Nonimmigrant fairs. a rule entitled ‘‘Qualified Residential Rental Classifications Under Public Law 104–208; EC–8343. A communication from the Chair- Projects’’ (Rev. Proc. 2004–39) received on SEVIS’’ (RIN1653–AA23) received on July 6, man of the Council of the District of Colum- July 6, 2004; to the Committee on Finance. 2004; to the Committee on Finance. bia, transmitting, pursuant to law, the re- EC–8356. A communication from the Chief, EC–8368. A communication from the Dep- port of D.C. Act 15–460, ‘‘National Capital Re- Regulations Unit, Internal Revenue Service, uty Associate Administrator, Environmental vitalization Corporation Eminent Domain transmitting, pursuant to law, the report of Protection Agency, transmitting, pursuant

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2004 CONGRESSIONAL RECORD — SENATE S7827 to law, the report of a rule entitled ‘‘Ap- proval and Promulgation of Implementation INTRODUCTION OF BILLS AND proval and Promulgation of Implementation Plans; New Jersey 1-Hour Ozone Control Pro- JOINT RESOLUTIONS Plans; State of Alaska; Anchorage Carbon grams’’ (FRL#7776–2) received on June 24, Monoxide Nonattainment Area; Designation 2004; to the Committee on Environment and The following bills and joint resolu- of Areas for Air Quality Planning Purposes’’ Public Works. tions were introduced, read the first (FRL#7777–1) received on June 24, 2004; to the EC–8377. A communication from the Dep- and second times by unanimous con- Committee on Environment and Public uty Associate Administrator, Environmental sent, and referred as indicated: Works. Protection Agency, transmitting, pursuant By Mr. LEAHY: EC–8369. A communication from the Dep- to law, the report of a rule entitled ‘‘Ap- S. 2619. A bill to designate the annex to the uty Associate Administrator, Environmental proval and Promulgation of Implementation E. Barrett Prettyman Federal Building and Protection Agency, transmitting, pursuant Plans; State of Missouri; Designation of United States Courthouse located at 333 Con- to law, the report of a rule entitled ‘‘Ap- Areas for Air Quality Planning Purposes, stitution Ave. Northwest in Washington, proval and Promulgation of Air Quality Im- Iron County; Arcadia and Liberty Town- District of Columbia, as the ‘‘Judge William plementation Plans; Commonwealth of Vir- ships’’ (FRL#7779–9) received on June 24, B. Bryant Annex to the E. Barrett ginia; Emission Standards for Mobile Equip- 2004; to the Committee on Environment and Prettyman Federal Building and United ment Repair and Refinishing Operations in Public Works. States Courthouse’’; to the Committee on the Northern Virginia Volatile Organic Com- EC–8378. A communication from the Dep- Environment and Public Works. pound Emission Control Area’’ (FRL777–7) uty Associate Administrator, Environmental By Mr. JEFFORDS (for himself, Mr. received on June 24, 2004; to the Committee Protection Agency, transmitting, pursuant LAUTENBERG, Mr. REID, Mr. WYDEN, on Environment and Public Works. to law, the report of a rule entitled ‘‘Preven- Mr. CARPER, Mr. HARKIN, Mr. LEAHY, EC–8370. A communication from the Dep- tion of Significant Deterioration (PSD) and and Mrs. CLINTON): uty Associate Administrator, Environmental Non-attainment New Source Review (NSR): S. 2620. A bill to provide for the establish- Protection Agency, transmitting, pursuant Equipment Replacement Provision of the ment of an Office of High-Performance Green to law, the report of a rule entitled ‘‘Ap- Routine Maintenance, Repair, and Replace- Buildings, and for other purposes; to the proval and Promulgation of Air Quality Im- ment Exclusion; Reconsideration’’ Committee on Environment and Public plementation Plans; Illinois; Definition of (FRL#7781–4) received on June 24, 2004; to the Works. Volatile Organic Material or Volatile Or- Committee on Environment and Public By Mr. GRAHAM of Florida: ganic Compound’’ (FRL#7661–8) received on Works. S. 2621. A bill to amend the Federal Water June 24, 2004; to the Committee on Environ- EC–8379. A communication from the Dep- Pollution Control Act to extend the pilot ment and Public Works. uty Associate Administrator, Environmental program for alternative water source EC–8371. A communication from the Dep- Protection Agency, transmitting, pursuant projects; to the Committee on Environment uty Associate Administrator, Environmental to law, the report of a rule entitled ‘‘Preven- and Public Works. Protection Agency, transmitting, pursuant tion of Significant Deterioration (PSD) and By Mr. BINGAMAN (for himself and to law, the report of a rule entitled ‘‘Ap- Non-attainment New Source Review (NSR): Mr. DOMENICI): proval and Promulgation of Air Quality Im- Equipment Replacement Provisions of the S. 2622. A bill to provide for the exchange plementation Plans; Maryland; Control of Routine Maintenance, Repair, and Replace- of certain Federal land in the Santa Fe Na- Volatile Organic Compound Emissions from ment Exclusion: Stay of Effective Date’’ tional Forest and certain non-Federal land Portable Fuel Containers’’ (FRL#7671–4) re- (FRL#7780–1) received on June 24, 2004; to the in the Pecos National Historical Park in the ceived on June 24, 2004; to the Committee on Committee on Environment and Public State of New Mexico; to the Committee on Environment and Public Works. Works. Energy and Natural Resources. EC–8372. A communication from the Dep- EC–8380. A communication from the Dep- By Mr. SMITH (for himself, Mr. KOHL, uty Associate Administrator, Environmental uty Associate Administrator, Environmental and Mr. LUGAR): Protection Agency, transmitting, pursuant Protection Agency, transmitting, pursuant S. 2623. A bill to amend section 402 of the to law, the report of a rule entitled ‘‘Na- to law, the report of a rule entitled ‘‘Stand- Personal Responsibility and Work Oppor- tional Primary Drinking Water Regulations: ards of Performance for Stationary Gas Tur- tunity Reconciliation Act of 1996 to provide Minor Corrections and Clarification to bines’’ (FRL#7780–6) received on June 24, a 2-year extension of supplemental security Drinking Water Regulations; National Pri- 2004; to the Committee on Environment and income in fiscal years 2005 through 2007 for mary Drinking Water Regulations for Lead Public Works. refugees, asylees, and certain other humani- and Copper’’ (FRL#7779–4) received on June f tarian immigrants; to the Committee on Fi- 24, 2004; to the Committee on Environment nance. and Public Works. REPORTS OF COMMITTEES By Mr. LAUTENBERG (for himself, EC–8373. A communication from the Dep- The following reports of committees Mr. DURBIN, Mr. LEVIN, and Mr. uty Associate Administrator, Environmental REID): Protection Agency, transmitting, pursuant were submitted: S. 2624. A bill to require the United States to law, the report of a rule entitled ‘‘Revi- By Mr. WARNER, from the Committee on Trade Representative to pursue a complaint sion to the Preamble of the Final Rule to Armed Services, with amendments: of anti-competitive practices against certain Implement the 8-Hour Ozone National Ambi- S. 2386. An original bill to authorize appro- oil exporting countries; to the Committee on ent Air Quality Standard—Phase 1; Correc- priations for fiscal year 2005 for intelligence Finance. tion’’ (FRL#7779–2) received on June 24, 2004; and intelligence-related activities of the By Mr. SMITH (for himself and Mr. to the Committee on Environment and Pub- United States Government, the Intelligence WYDEN): lic Works. Community Management Account, and the S. 2625. A bill to establish a national dem- EC–8374. A communication from the Dep- Central Intelligence Agency Retirement and onstration project to improve intervention uty Associate Administrator, Environmental Disability System, and for other purposes programs for the most disadvantaged chil- Protection Agency, transmitting, pursuant (Rept. No. 108–300). dren and youth, and for other purposes; to to law, the report of a rule entitled ‘‘Ap- f the Committee on the Judiciary. proval and Promulgation of Air Quality Im- By Mr. NELSON of Florida: plementation Plans; Pennsylvania; Redesig- EXECUTIVE REPORTS OF S. 2626. A bill to provide for a circulating nation of the Warren County SO2 Nonattain- COMMITTEES quarter dollar coin program to honor the ment Areas and the Mead and Clarendon The following executive reports of District of Columbia, the Commonwealth of Unclassifiable Areas to Attainment and Ap- committees were submitted: Puerto Rico, Guam, American Samoa, the proval of the Maintenance Plan’’ (FRL#7777– United States Virgin Islands, and the Com- 5) received on June 24, 2004; to the Com- By Mr. WARNER for the Committee on monwealth of the Northern Mariana Islands, mittee on Environment and Public Works. Armed Services. and for other purposes; to the Committee on EC–8375. A communication from the Dep- Marine Corps nomination of Lt. Gen. Banking, Housing, and Urban Affairs. uty Associate Administrator, Environmental James E. Cartwright. By Mrs. FEINSTEIN (for herself, Mr. Navy nomination of Adm. Vernon E. Clark. Protection Agency, transmitting, pursuant AKAKA, and Mr. LEAHY): By Mr. HATCH for the Committee on the to law, the report of a rule entitled ‘‘Ap- S. 2627. A bill to express the policy of the Judiciary. United States with respect to the adherence proval and Promulgation of Air Quality Im- Michael H. Watson, of Ohio, to be United by the United States to global standards in plementation Plans; Pennsylvania; Revision States District Judge for the Southern Dis- the transfer of small arms and light weap- to the 1-Hour Ozone Maintenance Plan for trict of Ohio. the Pittsburgh-Beaver Valley Area to Re- Isaac Fulwood, Jr., of the District of Co- ons, and for other purposes; to the Com- flect the Use of MOBILE6’’ (FRL#7777–9) re- lumbia, to be a Commissioner of the United mittee on Foreign Relations. OL- ceived on June 24, 2004; to the Committee on States Parole Commission for a term of six By Mr. AKAKA (for himself, Ms. C LINS, Mr. GRASSLEY, Mr. LEVIN, Mr. Environment and Public Works. years. EC–8376. A communication from the Dep- LEAHY, Mr. DURBIN , Mr. FITZGERALD, uty Associate Administrator, Environmental (Nominations without an asterisk Mr. PRYOR, Mr. VOINOVICH, Mr. JOHN- Protection Agency, transmitting, pursuant were reported with the recommenda- SON, Mr. DAYTON, Mr. LIEBERMAN, and to law, the report of a rule entitled ‘‘Ap- tion that they be confirmed.) Mr. LAUTENBERG):

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7828 CONGRESSIONAL RECORD — SENATE July 8, 2004 S. 2628. A bill to amend chapter 23 of title Mrs. FEINSTEIN, Mr. GRAHAM of Flor- advantaged children with access to 5, United States Code, to clarify the disclo- ida, Mr. GRASSLEY, Mr. GREGG, Mr. dental services. sures of information protected from prohib- HAGEL, Mr. HOLLINGS, Mr. INOUYE, ited personnel practices, require a statement Mr. JOHNSON, Mr. KENNEDY, Ms. LAN- S. 1428 in nondisclosure policies, forms, and agree- DRIEU, Mr. LEVIN, Mr. LIEBERMAN, At the request of Mr. MCCONNELL, ments that such policies, forms, and agree- Mrs. LINCOLN, Mr. LUGAR, Mr. MIL- the names of the Senator from Okla- ments conform with certain disclosure pro- LER, Ms. MURKOWSKI, Mrs. MURRAY, tections, provide certain authority for the Mr. NELSON of Florida, Mr. ROCKE- homa (Mr. INHOFE), the Senator from Special Counsel, and for other purposes; to FELLER, Mr. SARBANES, Mr. SESSIONS, Idaho (Mr. CRAPO) and the Senator the Committee on Governmental Affairs. Ms. SNOWE, Mr. SPECTER, Mr. from Minnesota (Mr. COLEMAN) were By Mrs. BOXER (for herself and Ms. SUNUNU, Mr. TALENT, Mr. THOMAS, added as cosponsors of S. 1428, a bill to MIKULSKI): Mr. VOINOVICH, Mr. WARNER, Mr. prohibit civil liability actions from S. 2629. A bill to amend the Medicare Pre- WYDEN, and Mr. SMITH): being brought or continued against scription Drug, Improvement, and Mod- S. Res. 401. A resolution designating the food manufacturers, marketers, dis- ernization Act of 2003 to eliminate the cov- week of November 7 through November 13, erage gap, to eliminate HMO subsidies, to re- 2004, as ‘‘National Veterans Awareness tributors, advertisers, sellers, and peal health savings accounts, and for other Week’’ to emphasize the need to develop edu- trade associations for damages or in- purposes; read the first time. cational programs regarding the contribu- junctive relief for claims of injury re- By Mrs. BOXER: tions of veterans to the country; to the Com- sulting from a person’s weight gain, S. 2630. A bill to amend title 5, United mittee on the Judiciary. obesity, or any health condition re- States Code to establish a national health By Mr. BINGAMAN (for himself and lated to weight gain or obesity. program administered by the Office of Per- Mr. DOMENICI): sonnel Management to offer Federal em- S. Con. Res. 121. A concurrent resolution S. 1704 ployee health benefits plans to individuals supporting the goals and ideals of the World who are not Federal employees, and for other Year of Physics; to the Committee on En- At the request of Ms. COLLINS, the purposes; read the first time. ergy and Natural Resources. name of the Senator from Illinois (Mr. By Mrs. BOXER: f DURBIN) was added as a cosponsor of S. S. 2631. A bill to require the Federal Trade 1704, a bill to amend the Public Health Commission to monitor and investigate gas- ADDITIONAL COSPONSORS Service Act to establish a State family oline prices under certain circumstances; S. 68 support grant program to end the prac- read the first time. By Mrs. BOXER: At the request of Mr. NELSON of Flor- tice of parents giving legal custody of S. 2632. A bill to establish a first responder ida, his name was added as a cosponsor their seriously emotionally disturbed and terrorism preparedness grant informa- of S. 68, a bill to amend title 38, United children to State agencies for the pur- tion hotline, and for other purposes; read the States Code, to improve benefits for pose of obtaining mental health serv- first time. Filipino veterans of World War II, and ices for those children. By Mrs. BOXER: for other purposes. S. 2633. A bill to amend the Federal Power S. 1988 S. 307 Act to provide refunds for unjust and unrea- At the request of Mr. EDWARDS, the sonable charges on electric energy in the At the request of Mr. DEWINE, the State of California; read the first time. name of the Senator from Florida (Mr. name of the Senator from New York By Mr. DODD (for himself, Mr. DEWINE, NELSON) was added as a cosponsor of S. (Mrs. CLINTON) was added as a cospon- Mr. REED, Mr . SMITH, Mr. REID, Mr. 307, a bill to designate the Federal sor of S. 1988, a bill to amend titles DASCHLE, Mr. FRIST, Mr. KENNEDY, building and United States courthouse XVIII and XIX of the Social Security Mrs. CLINTON, Mr. LAUTENBERG, Mr. located at 200 West 2nd Street in Day- Act to establish minimum require- LEVIN, Mr. KOHL, Ms. STABENOW, Mr. ton, Ohio, as the ‘‘Tony Hall Federal ments for nurse staffing in nursing fa- PRYOR, Mrs. HUTCHISON, Mr. DOMEN- Building and United States Court- cilities receiving payments under the ICI, Mr. WARNER, Mr. MCCONNELL, Mr. Medicare or Medicaid Program. GRAHAM of South Carolina, Mr. house’’. AKAKA, Mr. ROBERTS, Mr. LEAHY, Ms. S. 700 S. 2175 MURKOWSKI, Mr. HARKIN, Mr. JOHN- At the request of Mr. CAMPBELL, the SON, Mr. BINGAMAN, Mr. JEFFORDS, name of the Senator from Massachu- At the request of Mr. DODD, the Mr. LIEBERMAN, Mrs. MURRAY, Mr. setts (Mr. KERRY) was added as a co- names of the Senator from Vermont DORGAN, Ms. SNOWE, Mr. NICKLES, sponsor of S. 700, a bill to provide for (Mr. JEFFORDS), the Senator from Alas- Mr. CORZINE, Mr. HATCH, Mr. WYDEN, the promotion of democracy, human ka (Ms. MURKOWSKI) and the Senator and Mr. DURBIN): from Vermont (Mr. LEAHY) were added S. 2634. An act to amend the Public Health rights, and rule of law in the Republic of Belarus and for the consolidation as cosponsors of S. 2175, a bill to amend Service Act to support the planning, imple- the Public Health Service Act to sup- mentation, and evaluation of organized ac- and strengthening of Belarus sov- tivities involving statewide youth suicide ereignty and independence. port the planning, implementation, and evaluation of organized activities in- early intervention and prevention strategies, S. 720 volving statewide youth suicide early to provide funds for campus mental and be- At the request of Mr. JEFFORDS, the havioral health service centers, and for other name of the Senator from Alabama intervention and prevention strategies, purposes; considered and passed. and for other purposes. By Ms. COLLINS (for herself and Mr. (Mr. SESSIONS) was added as a cospon- LIEBERMAN): sor of S. 720, a bill to amend title IX of S. 2305 S. 2635. A bill to establish an intergovern- the Public Health Service Act to pro- At the request of Mr. HAGEL, the mental grant program to identify and de- vide for the improvement of patient name of the Senator from Hawaii (Mr. velop homeland security information, equip- safety and to reduce the incidence of ment, capabilities, technologies, and services INOUYE) was added as a cosponsor of S. events that adversely effect patient 2305, a bill to authorize programs that to further the homeland security needs of safety. Federal, State, and local governments; to support economic and political devel- the Committee on Governmental Affairs. S. 1068 opment in the Greater Middle East and f At the request of Mr. DODD, the name Central Asia and support for three new of the Senator from Indiana (Mr. SUBMISSION OF CONCURRENT AND multilateral institutions, and for other LUGAR) was added as a cosponsor of S. SENATE RESOLUTIONS purposes. 1068, a bill to amend the Public Health The following concurrent resolutions Service Act to establish grant pro- S. 2367 and Senate resolutions were read, and grams to provide for education and At the request of Mr. REID, the name referred (or acted upon), as indicated: outreach on newborn screening and co- of the Senator from Hawaii (Mr. By Mr. BIDEN (for himself, Mr. ALLEN, ordinated followup care once newborn INOUYE) was added as a cosponsor of S. Mr. BOND, Mrs. BOXER, Mr. BREAUX, screening has been conducted, and for 2367, a bill to amend chapters 83 and 84 Mr. BUNNING, Mr. CAMPBELL, Ms. other purposes. of title 5, United States Code, to pro- CANTWELL, Mr. CARPER, Mr. CHAFEE, S. 1142 vide Federal retirement benefits for Mr. CHAMBLISS, Mrs. CLINTON, Mr. COCHRAN, Mr. COLEMAN, Ms. COLLINS, At the request of Mr. BINGAMAN, the United States citizen employees of Air Mr. CONRAD, Mr. CORNYN, Mr. name of the Senator from New Jersey America, Inc., its subsidiary Air Asia CORZINE, Mr. DAYTON, Mrs. DOLE, Mr. (Mr. LAUTENBERG) was added as a co- Company Limited, or the Pacific Divi- DORGAN, Mr. DURBIN, Mr. FEINGOLD, sponsor of S. 1142, a bill to provide dis- sion of Southern Air Transport, Inc.

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2004 CONGRESSIONAL RECORD — SENATE S7829 S. 2416 and implement local, school-based pro- Courthouse in Washington, DC as the At the request of Mr. NELSON of Flor- grams designed to reduce and prevent ‘‘William B. Bryant Annex.’’ ida, the name of the Senator from West childhood obesity, promote increased Thomas F. Hogan, this Court’s cur- Virginia (Mr. ROCKEFELLER) was added physical activity, and improve nutri- rent Chief Judge, has expressed his sup- as a cosponsor of S. 2416, a bill to en- tional choices. port and the unanimous support of the sure that advertising campaigns paid S. 2566 other judges on the District Court for for by the Federal Government are un- At the request of Mr. BINGAMAN, the the District of Columbia. I am proud to biased, and for other purposes. names of the Senator from Maryland join with Congresswoman ELEANOR S. 2436 (Mr. SARBANES), the Senator from New HOLMES NORTON in moving ahead with the Chief Judge’s request. At the request of Mr. INOUYE, the York (Mr. SCHUMER) and the Senator Judge Bryant served with distinction name of the Senator from Colorado from Massachusetts (Mr. KENNEDY) of the U.S. District Court for the Dis- (Mr. CAMPBELL) was added as a cospon- were added as cosponsors of S. 2566, a trict of Columbia since 1965. He was the sor of S. 2436, a bill to reauthorize the bill to amend title II of the Social Se- Chief Judge on that court from March Native American Programs Act of 1974. curity Act to phase out the 24-month 1977 to September 1981. waiting period for disabled individuals S. 2503 Judge Bryant graduated from How- to become eligible for medicare bene- At the request of Mr. KYL, the name ard University in 1932, and from How- of the Senator from Kentucky (Mr. fits, to eliminate the waiting period for ard University Law School, receiving BUNNING) was added as a cosponsor of individuals with life-threatening condi- an LL.B. in 1936. S. 2503, a bill to make permanent the tions, and for other purposes. Judge Bryant’s lengthy public serv- reduction in taxes on dividends and S.J. RES. 40 ice career is one of great distinction. In capital gains. At the request of Mr. ALLARD, the addition to the time he spent on the S. 2526 names of the Senator from Idaho (Mr. Federal bench, Judge Bryant served in CRAPO) and the Senator from Idaho At the request of Mr. BOND, the name the United States Army during World of the Senator from Massachusetts (Mr. CRAIG) were added as cosponsors of War II and as an Assistant U.S. Attor- S.J. Res. 40, a joint resolution pro- (Mr. KERRY) was added as a cosponsor ney for the District of Columbia. After of S. 2526, a bill to reauthorize the Chil- posing an amendment to the Constitu- serving four and one half years as Chief dren’s Hospitals Graduate Medical Edu- tion of the United States relating to Judge, Judge Bryant took senior status cation Program. marriage. in January of 1982. S. CON. RES. 110 Naming the new annex to the E. Bar- S. 2533 At the request of Mr. CAMPBELL, the rett Prettyman courthouse after Judge At the request of Ms. MIKULSKI, the Bryant would be a fitting tribute to names of the Senator from Mississippi names of the Senator from Massachu- setts (Mr. KERRY) and the Senator from this distinguished jurist. Much like (Mr. COCHRAN), the Senator from Texas Virginia (Mr. ALLEN) were added as co- Judge Prettyman, Judge Bryant had an (Mr. CORNYN) and the Senator from sponsors of S. Con. Res. 110, a concur- illustrious career in public service and Vermont (Mr. LEAHY) were added as co- rent resolution expressing the sense of on the bench. I am honored to offer sponsors of S. 2533, a bill to amend the this legislation, and I urge my col- Public Health Service Act to fund Congress in support of the ongoing leagues to join Congresswoman NORTON breakthroughs in Alzheimer’s disease work of the Organization for Security and Cooperation in Europe (OSCE) in and me in support of this well-deserved research while providing more help to commendation. caregivers and increasing public edu- combating anti-Semitism, racism, xen- ophobia, discrimination, intolerance, cation about prevention. By Mr. JEFFORDS (for himself, and related violence. S. 2534 Mr. LAUTENBERG, Mr. REID, Mr. S. CON. RES. 119 At the request of Mr. NELSON of Flor- WYDEN, Mr. CARPER, Mr. HAR- At the request of Mr. CAMPBELL, the ida, his name was added as a cosponsor KIN, Mr. LEAHY, and Mrs. CLIN- names of the Senator from Louisiana of S. 2534, a bill to amend title 38, TON): (Mr. BREAUX), the Senator from Utah United States Code, to extend and en- S. 2620. A bill to provide for the es- (Mr. HATCH) and the Senator from hance benefits under the Montgomery tablishment of an Office of High-Per- Michigan (Ms. STABENOW) were added GI Bill, to improve housing benefits for formance Green Buildings, and for as cosponsors of S. Con. Res. 119, a con- veterans, and for other purposes. other purposes; to the Committee on current resolution recognizing that S. 2545 Environment and Public Works. prevention of suicide is a compelling Mr. JEFFORDS. Mr. President, I rise At the request of Mr. NELSON of Flor- national priority. today to introduce the ‘‘High Perform- ida, the name of the Senator from Indi- S. RES. 389 ance Green Buildings Act of 2004.’’ ana (Mr. LUGAR) was added as a cospon- At the request of Mr. CAMPBELL, the I would like to thank Senator LAU- sor of S. 2545, a bill to amend titles name of the Senator from Indiana (Mr. TENBERG and the other cosponsors for XVIII and XIX of the Social Security LUGAR) was added as a cosponsor of S. working with me to introduce this im- Act and title III of the Public Health Res. 389, a resolution expressing the portant legislation. Service Act to improve access to infor- sense of the Senate with respect to Preliminary studies are showing that mation about individuals’ health care prostate cancer information. high-performance green buildings gen- options and legal rights for care near f erate huge savings in operations and the end of life, to promote advance maintenance costs due to their effi- care planning and decisionmaking so STATEMENTS ON INTRODUCED cient operating systems. These studies that individuals’ wishes are known BILLS AND JOINT RESOLUTIONS have also demonstrated that high-per- should they become unable to speak for By Mr. LEAHY: formance green buildings provide a themselves, to engage health care pro- S. 2619. A bill to designate the annex healthier work environment for the oc- viders in disseminating information to the E. Barrett Prettyman Federal cupants, resulting in fewer absences about and assisting in the preparation Building and United States Courthouse due to illness. The outcome is huge of advance directives, which include located at 333 Constitution Ave. North- savings in health related costs. All of living wills and durable powers of at- west in Washington, District of Colum- these savings are generated, while sus- torney for health care, and for other bia, as the ‘‘Judge William B. Bryant taining very little impact on their sur- purposes. Annex to the E. Barrett Prettyman rounding environment. S. 2551 Federal Building and United States In the United States, buildings ac- At the request of Mr. FRIST, the Courthouse’’; to the Committee on En- count for: 36 percent of total energy name of the Senator from Mississippi vironment and Public Works. use; 65 percent of electricity consump- (Mr. COCHRAN) was added as a cospon- Mr. LEAHY. Mr. President, I am tion; 30 percent of greenhouse gas emis- sor of S. 2551, a bill to reduce and pre- pleased to introduce a bill to designate sions; 30 percent of raw materials use; vent childhood obesity by encouraging the recently-constructed annex to the 30 percent of waste output and 12 per- schools and school districts to develop E. Barrett Prettyman United States cent of potable water consumption.

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7830 CONGRESSIONAL RECORD — SENATE July 8, 2004 Why not build buildings that strive to at the upfront cost of a building. It has Sec. 202. Federal guidelines for siting of conserve our precious resources and re- been documented that high-perform- school facilities. duce the harmful pollutants that are ance green buildings recover any ini- Sec. 203. Education research program. damaging to the environment? tial upfront costs from incorporating Sec. 204. Authorization of appropriations. In an era of great security concern, efficient systems within the first few TITLE III—STRENGTHENING FEDERAL green buildings have reduced energy re- years of operation. The average life of LEADERSHIP. quirements and may use renewable a federal building is 50 years. In the Sec. 301. General Accounting Office. sources of energy that are off the elec- times of soaring budget deficits, it is TITLE IV—DEMONSTRATION PROJECT. tricity grid. Green buildings also use imperative that the Federal Govern- Sec. 401. Coordination of goals. less water and some even collect rain- ment pursue all cost-saving options. Sec. 402. Authorization of appropriations. water to use throughout the building. High-performance green buildings are SEC. 2. FINDINGS. Should there be a terrorist act that not just for federal buildings, but in- Congress finds that— damages or destroys our Nation’s re- volve any type of building, including (1) buildings have profound impacts on the sources, these buildings could assist in schools. This legislation also focuses environment, energy use, and health of indi- viduals, and numerous studies suggest that keeping our government up and run- on providing healthier, more efficient building environments affect worker produc- ning. school facilities for our children. The tivity; There is no downside to utilizing bill provides $10 million in grants to (2) buildings in the United States consume high-performance buildings. This ini- state and local education agencies for 37 percent of the energy, 68 percent of the tiative is taking off in the private sec- technical assistance and the implemen- electricity, and 12 percent of the potable tor. According to the US Green Build- tation of the Environmental Protec- water used in the United States, and overall ing Council, there are 118 certified tion Agency’s, EPA, Tools for Schools construction of buildings (including con- green buildings across the United Program. The bill will help schools de- struction of related infrastructure) consumes States with 1,395 in the pipeline. This 60 percent of all raw materials used in the velop plans to focus on the design, con- economy of the United States (excluding ma- legislation would ensure that the Fed- struction, and renovation of school fa- terials used for food or fuel); eral Government is keeping pace with cilities, and look at systematic im- (3) in the United States, buildings gen- the real world and doing its part to provements for school siting, indoor air erate— protect the environment and provide a quality, reducing contaminants, and (A) 40 percent of the nonindustrial waste safe work place for its employees. other health issues. This legislation stream; The General Services Administra- also encourages research to study the (B) 31 percent of the mercury in municipal tion, GSA, is the largest landlord in effects that these systems are having solid waste; and (C) 35 percent of the carbon dioxide (the the United States, with over 8,700 on student health and productivity. buildings in their current inventory. primary greenhouse gas associated with cli- Our children deserve to learn in an en- mate change), 49 percent of the sulfur diox- This legislation creates an office with- vironment that is safe and conducive ide, and 25 percent of the nitrogen oxides in GSA to oversee the green building to learning. found in the air; efforts of agencies within the govern- Lastly, this bill will promote leader- (4) buildings contribute to the ‘‘heat island ment. GSA is a natural leader to focus ship within the Federal Government effect’’ by eliminating vegetative cover and on our federal buildings and ensure and provide incentives for government using paving and roofing materials that ab- that they are safe, healthy, and effi- agencies to build high-performance sorb heat and raise ambient temperatures, cient. green buildings. It also creates a clear- accelerating the reaction that forms ground- This legislation will coordinate the level ozone; inghouse to keep individuals and enti- (5) according to the Environmental Protec- efforts within the Federal Government ties, including Congress and the gov- tion Agency, on average, people in the to promote high-performance green ernment, informed on the information United States spend approximately 90 per- buildings, provide public outreach, and and services that the Office will pro- cent of their time indoors, where the con- expand existing research. vide. centration of pollutants may be 2 to 5 times The bill creates an Interagency I strongly encourage your support of and, in some cases, 100 times, higher than Steering Committee to advise the Of- the ‘‘High-Performance Green Build- pollution concentrations in outdoor air; fice within GSA. The Committee will ings Act of 2004.’’ This has been a long (6) the Centers for Disease Control and the be comprised of key representatives of time coming and will benefit all of us. Environmental Protection Agency have con- each relevant agency, state and local nected poor indoor air quality to signifi- I ask unanimous consent that the cantly elevated rates of mortality; governments, nongovernment organiza- ‘‘High-Performance Green Buildings (7) health impacts from building materials, tions, and experts within the building Act of 2004’’ be printed in the RECORD. such as adhesives, paints, carpeting, and community. This Committee will en- There being no objection, the bill was pressed-wood products, which may emit pol- sure that the Federal Government ordered to be printed in the RECORD, as lutants such as formaldehyde or other vola- stays up to date with technology and follows: tile organic compounds, are still uncertain the latest advancements to ensure that S. 2620 but are believed to be potentially signifi- cant; high-performance buildings operate ef- Be it enacted by the Senate and House of Rep- (8) according to the Building Owners and ficiently while continuing to provide a resentatives of the United States of America in Managers Association, because costs relating Congress assembled, healthier environment for the occu- to employees, at $130 per square foot annu- pants. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ally (including health insurance costs), are In addition, research efforts will be (a) SHORT TITLE.—This Act may be cited as by far the highest business costs of a build- expanded to focus on buildings and the the ‘‘High-Performance Green Buildings ing, as opposed to total energy costs at $1.81 impacts that their systems have on Act’’. per square foot, measures to improve the in- (b) TABLE OF CONTENTS.—The table of con- door air quality of a building can be an im- human health and worker productivity. tents of this Act is as follows: portant investment in reducing long-term We just don’t know enough. Are we Sec. 1. Short title; table of contents making our employees sick by pro- employee costs; Sec. 2. Findings (9) the use of energy efficient systems and viding poor workspace? Sec. 3. Definitions alternative sources of energy— The High-Performance Green Build- TITLE I—OFFICE OF HIGH- (A) reduces building costs; and ings Act also requires that a good hard PERFORMANCE GREEN BUILDINGS. (B) improves the security of the United look be taken at the budget process we Sec. 101. Oversight. States by ensuring continuing operations de- have used for years and explore ways to Sec. 102. Office of High-Performance Green spite any potential interruptions in the pri- improve the approval process for gov- Buildings. mary energy supply of the United States as ernment projects. We need to grow Sec. 103. Interagency Steering Committee. a result of terrorism or other disruptions of Sec. 104. Public outreach. the electricity grid; with the times and ensure that our Sec. 105. Research and development. budget process allows us to take into (10) by integrating issues relating to nat- Sec. 106. Budget and life-cycle costing. ural resource use, human health, materials account life-cycle costing. This means Sec. 107. Authorization of appropriations. use, transportation needs, and other con- that we allow our financial experts to TITLE II—HEALTHY HIGH- cerns into planning the life cycle of a build- factor in savings that green buildings PERFORMANCE SCHOOLS. ing, architects, designers, and developers can generate over time, and don’t just look Sec. 201. Grants for schools. construct buildings that—

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2004 CONGRESSIONAL RECORD — SENATE S7831 (A) are healthier for occupants; conception of a green building project and (5) in partnership with the Comptroller (B) reduce environmental impacts; and continuing through siting, design, construc- General, review and analyze budget and life- (C) are less wasteful of resources; tion, landscaping, commissioning, operation, cycle costing issues in accordance with sec- (11) a well-designed high-performance maintenance, renovation, deconstruction, tion 106; green building can be less expensive to build and removal of the green building. (6) complete and submit a report in accord- and operate throughout the lifetime of the (6) LIFE CYCLE ASSESSMENT.—The term ance with subsection (c); and building than a building that is not a high- ‘‘life cycle assessment’’ means a comprehen- (7) carry out implementation plans de- performance green building; sive system approach for measuring the envi- scribed in subsection (d). (12) in 2003, in the document entitled ‘‘The ronmental performance of a product or serv- (c) REPORT.—Not later than 2 years after Federal Commitment to Green Building: Ex- ice that includes an analysis of the environ- the date of enactment of this Act, and bien- periences and Expectations’’, the Office of mental impacts of— nially thereafter, the Office shall submit to the Federal Environmental Executive found (A) each stage in the life of the product or Congress and the Comptroller General a re- that ‘‘[t]here is a mixture of diverse Federal service (including acquisition of raw mate- port that— green building mandates in law, regulation, rials, product manufacture, transportation, (1) describes the status of the implementa- and Executive Orders, but not one definitive, installation, operation and maintenance, and tion of programs under this Act and other clear, and unified policy statement on envi- waste management); and Federal programs in effect as of the date of ronmental design. Many within the Federal (B) each component of the product or serv- the report, including— government are working on green buildings, ice. (A) the extent to which the programs are but additional coordination and integration (7) LIFE-CYCLE COSTING.—The term ‘‘life- being carried out in accordance with this are needed.’’; cycle costing’’, with respect to a high-per- Act; and (13) a central coordinating Federal author- formance green building, means an analysis (B) the status of funding requests and ap- ity for green buildings would increase effi- of economic costs of impacts and choices propriations for those programs; ciency of, improve communication between, made regarding materials used and activities (2) identifies steps within the planning, and reduce duplication within green building carried out with respect to the life cycle of budgeting, and construction process of Fed- programs; and the high-performance green building. eral facilities that inhibit new and existing (14) the General Services Administration, (8) LOCAL EDUCATIONAL AGENCY.—The term Federal facilities from becoming high-per- as the largest civilian landlord in the United ‘‘local educational agency’’ has the meaning formance green buildings, as measured by— States, managing more than 8,300 buildings given the term in section 9101 of the Elemen- (A) a silver rating, as defined by the Lead- owned or leased by the United States, is the tary and Secondary Education Act of 1965 (20 ership in Energy and Environmental Design appropriate agency to provide Federal agen- U.S.C. 7801). Building Rating System standard established cy coordination of green building programs. (9) OFFICE.—The term ‘‘Office’’ means the by the United States Green Building Council; or SEC. 3. DEFINITIONS. Office of High-Performance Green Buildings (B) an improved or higher rating standard In this Act: established under section 102(a). as identified, and reassessed biannually, by (1) ADMINISTRATOR.—The term ‘‘Adminis- TITLE I—OFFICE OF HIGH-PERFORMANCE the Committee; trator’’ means the Administrator of General GREEN BUILDINGS (3) identifies inconsistency of Federal Services. SEC. 101. OVERSIGHT. agencies with Federal law in product acqui- (2) COMMITTEE.—The term ‘‘Committee’’ (a) IN GENERAL.—The Administrator shall sition guidelines and high-performance prod- means the steering committee established establish within the General Services Ad- uct guidelines; under section 103(a). ministration, and appoint an appropriate in- (4) recommends language for uniform (3) HIGH-PERFORMANCE GREEN BUILDING.— dividual to, a position in the career-reserved standards for use by Federal agencies in en- The term ‘‘high-performance green building’’ Senior Executive service to— vironmentally responsible acquisition; and means a building the life cycle of which— (1) establish and oversee the Office of High- (5) includes, for the 2-year period covered (A) increases the efficiency with which the Performance Green Buildings in accordance by the report, recommendations to address building— with section 102; and each of the matters, and a plan and deadline (i) reduces energy, water, and material re- (2) carry out other duties as required under for implementation of each of the rec- source use; this Act. ommendations, described in paragraphs (1) (ii) improves indoor environmental qual- (b) COMPENSATION.—The compensation of through (4). ity, reduces indoor pollution, improves ther- the individual appointed under subsection (a) (d) IMPLEMENTATION PLAN.—The Office, in mal comfort, and improves lighting and shall not exceed the maximum rate of basic consultation with the Comptroller General, noise environments that affect occupant pay for the Senior Executive Service under shall carry out each plan for implementation health and productivity; section 5382 of title 5, United States Code, in- of recommendations under subsection (c)(5). (iii) reduces negative impacts on the envi- cluding any applicable locality-based com- SEC. 103. INTERAGENCY STEERING COMMITTEE. ronment throughout the life cycle of the parability payment that may be authorized (a) ESTABLISHMENT.—Not later than 180 building, including air and water pollution under section 5304(h)(2)(C) of that title. days after the date of enactment of this Act, and waste generation; SEC. 102. OFFICE OF HIGH-PERFORMANCE the Office shall establish within the Office a (iv) increases the use of environmentally GREEN BUILDINGS. steering committee. preferable products, including biobased, re- (a) ESTABLISHMENT.—The individual ap- (b) MEMBERSHIP.—The Committee shall be cycled content, and nontoxic products with pointed under section 101(a), in partnership composed of representatives of, at a min- lower life-cycle impacts; with the Administrator of the Environ- imum— (v) reduces the negative impacts of emis- mental Protection Agency, the Office of the (1) each agency referred to in section sions under the Clean Air Act (42 U.S.C. 7401 Federal Environmental Executive, the Sec- 102(a); et seq.); retary of Energy, the Secretary of Com- (2) State and local governments; (vi) integrates systems in the building; and merce, the Secretary of Defense, the Sec- (3) nongovernmental organizations, includ- (vii) reduces the environmental impacts of retary of Homeland Security, the Secretary ing the United State Green Building Council, transportation through building location and of Health and Human Services, the Director the American Council for an Energy-Effi- site design that support a full range of trans- of the Office of Management and Budget, and cient Economy, and the Rocky Mountain In- portation choices for users of the building; heads of other relevant Federal agencies, stitute; (B) considers indoor and outdoor impacts shall establish within the General Services (4) building design, development, and fi- of the building on human health and the en- Administration an Office of High-Perform- nance sectors in the private sector; and vironment, including— ance Green Buildings. (5) building owners, developers, and equip- (i) improvements in worker productivity; (b) DUTIES.—The Office shall— ment manufacturers, including renewable, (ii) the life-cycle impacts of building mate- (1) ensure full coordination and collabora- control, combined heat and power, and other rials and operations; and tion with all relevant agencies; relevant technologies, as determined by the (iii) other factors that the Office considers (2) establish a senior-level Federal inter- Office. to be appropriate. agency steering committee in accordance (c) DUTIES.—The Committee shall— (4) HIGH-PERFORMANCE SCHOOL.—The term with section 103; (1) assess Federal activities and compli- ‘‘high-performance school’’ has the meaning (3) provide information through— ance with Federal law applicable to high-per- given the term ‘‘healthy, high-performance (A) outreach; formance green buildings; school building’’ in section 5586 of the Ele- (B) education; (2) make recommendations for expansion mentary and Secondary Education Act of (C) the provision of technical assistance; of existing efforts and development of new 1965 (20 U.S.C. 7277e). and efforts to support activities relating to the (5) LIFE CYCLE.—The term ‘‘life cycle’’, (D) the development of a national high-per- life cycles of high-performance green build- with respect to a high-performance green formance green building clearinghouse in ac- ings by the Federal Government, including building, means all stages of the useful life cordance with section 104; consideration of the benefits to national se- of the high-performance green building (in- (4) provide for research and development curity and implementation of the Americans cluding components, equipment, systems, relating to high-performance green building with Disabilities Act of 1990 (42 U.S.C. 12101 and controls of the building) beginning at initiatives under section 105(a); et seq.);

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7832 CONGRESSIONAL RECORD — SENATE July 8, 2004 (3) evaluate current high-performance (2) to recommend new areas for research; accrue from high-performance green build- green building standards and recommend im- and ings. proved, higher, or supplemental rating (3) to promote the development and dis- SEC. 107. AUTHORIZATION OF APPROPRIATIONS. standards, as necessary, that are consistent semination of high performance green build- There are authorized to be appropriated to with the responsibilities of the Federal Gov- ing tools. carry out this title $2,000,000 for each of fis- ernment under this Act and other applicable (b) DUTIES.—In carrying out this section, cal years 2005 through 2010. the Office shall— law; and TITLE II—HEALTHY HIGH-PERFORMANCE (1) ensure interagency coordination of rel- (4) provide to the individual appointed SCHOOLS under section 101(a) such recommendations evant research; relating to Federal activities carried out (2) develop and direct a Federal high-per- SEC. 201. GRANTS FOR SCHOOLS. (a) IN GENERAL.—The Administrator of the under sections 104 through 106 as are agreed formance green building research plan that Environmental Protection Agency may pro- to by a majority of the members of the Com- identifies information needs and research mittee. that should be addressed and provides meas- vide grants to State educational agencies and local educational agencies for use in— SEC. 104. PUBLIC OUTREACH. urement tools— (1) providing intensive technical assistance (a) ESTABLISHMENT.—The Office, in close (A) to quantify the relationships between for and assisting the implementation of the coordination with Federal agencies and de- human health and occupant productivity and partments that perform related functions, each of— Tools for Schools Program of the Environ- shall carry out public outreach— (i) pollutant emissions from materials and mental Protection Agency; and (1) to inform individuals and entities in the products in the building; (2) development of State-level school envi- public sector, including the Federal Govern- (ii) natural day lighting; ronmental quality plans, in partnership with ment, of the information and services avail- (iii) ventilation choices and technologies; the Environmental Protection Agency, that able through the Office; and (iv) heating and cooling choices and tech- may include— (2) to determine how to most effectively nologies; (A) standards for school building design, deliver that information to the individuals (v) moisture control and mold; construction, and renovation; and entities. (vi) maintenance, cleaning, and pest con- (B) identification of ongoing school build- (b) DUTIES.—In carrying out this section, trol activities; ing environmental problems in the State; the Office, in close cooperation with Federal (vii) acoustics; and (C) proposals for the systematic improve- agencies and departments that perform re- (viii) other issues relating to the health, ment (including benchmarks and timelines) lated functions, shall— comfort, productivity, and performance of of environmental conditions in schools (1) establish and maintain a national high- occupants of the building; throughout the State, including with respect performance green building clearinghouse on (B) to monitor and assess the life-cycle to— the Internet that— performance of public facilities (including (i) school building siting, construction, and (A) coordinates and enhances existing demonstration projects) built as high-per- maintenance; similar efforts; and formance green buildings, including through (ii) indoor air quality; (B) provides information relating to high- consideration of the report required under (iii) pest control; performance green buildings, including— section 401(b)(1)(D); and (iv) radon contamination; (i) information on, and hyperlinks to Inter- (C) to quantify, review, and standardize (v) lead contamination; net sites that describe, the activities of the techniques for use in performing life cycle (vi) environmentally preferable purchasing Federal Government; assessments; of products for instruction and maintenance; (ii) hyperlinks to Internet sites relating (3) assist the budget and life-cycle costing (vii) hazard identification and remediation; to— functions of the Office under section 106 in and (I) State and local governments; the development and implementation of per- (viii) maximization of transportation (II) the private sector; and formance-based standards and life-cycle cost choices for students, staff, and other mem- (III) international activities; and measures, including the development of per- bers of the community; and (iii) information on the exposure of chil- formance measure tools and software for use (D) recommendations for improvements in dren to environmental hazards in school fa- by Federal agencies and other interested en- the capacity of the State to track child and cilities, as provided by the Administrator of tities; and adult health complaints relating to schools. the Environmental Protection Agency; (4) support other research initiatives deter- (b) COST SHARING.— (2) develop clear guidance and educational mined by the Office to contribute to (1) FEDERAL SHARE.—The Federal share of materials for use by Federal agencies in im- mainstreaming of high-performance plan- the cost of a project or activity carried out plementing high-performance green building ning, design, construction, and operation and using funds from a grant under subsection practices; management of buildings. (a) shall not exceed 90 percent. (3) develop and conduct training sessions SEC. 106. BUDGET AND LIFE-CYCLE COSTING. (2) NON-FEDERAL SHARE.—The non-Federal with budget specialists and contracting per- (a) ESTABLISHMENT.—The Office, in coordi- share of the cost of a project or activity car- sonnel from Federal agencies and budget ex- nation with the Office of Management and ried out using funds from a grant under sub- aminers to apply life-cycle cost criteria to Budget and relevant agencies, shall carry section (a) may be provided in the form of actual projects; out budget and life-cycle costing for green cash or in-kind goods and services, including (4) provide technical assistance on methods buildings. goods and services used to create of using tools and resources to make more (b) DUTIES.—In carrying out this section, prototypical designs. cost-effective, health protective, and envi- the Office shall— (c) GRANT PRIORITY.— ronmentally beneficial decisions for con- (1) consult, as necessary, the report of the (1) IN GENERAL.—In providing grants under structing high-performance green buildings; Office of the Federal Environmental Execu- this section for use in carrying out the pro- (5) assist all branches of government at the tive entitled ‘‘The Federal Commitment to gram referred to in subsection (a)(1), the Ad- Federal, State, and local levels, and any Buildings: Experiences and Expectations’’ ministrator of the Environmental Protection other interested entity, by providing infor- and dated September 2003; Agency shall give priority to school districts mation on relevant application processes for (2) be responsible for— that have a demonstrated need for environ- certifying a high-performance green build- (A) examining policy of the Office of Man- mental improvement. ing, including certification and commis- agement and Budget relating to life-cycle (2) RESPONSIBILITY OF SCHOOL DISTRICTS sioning; costing for Federal capital investments; AND STATE EDUCATIONAL AGENCIES.— (6) assist interested persons, communities, (B) assisting in the development of clear (A) SCHOOL DISTRICTS.—Not later than 2 businesses, and branches of government with guidance and implementation of life-cycle years after the date of enactment of this technical information, technical assistance, cost policy with budget offices of other Fed- Act, and annually thereafter, each school market research, or other forms of assist- eral agencies by establishing a consistent district that receives funds from the Admin- ance, information, or advice that would be standard of life-cycle cost practices for Fed- istrator of the Environmental Protection useful in planning and constructing high-per- eral agencies; Agency to carry out a program described in formance green buildings, particularly with (C) identifying tools that could support the subsection (a) shall submit to the State edu- respect to tools available to conduct life- use of life-cycle costing to assist sound Fed- cational agency with jurisdiction over the cycle cost assessment; eral budget decisionmaking; and school district a report that includes— (7) provide technical training and guidance (D) examining— (i) a list of schools in the districts that, as on high-performance green buildings; and (i) the practicability of linking high per- of the date of the report, have accepted funds (8) obtain such information from other formance green building life cycle stages or other assistance from the Environmental Federal offices, agencies and departments as with Federal budgets; Protection Agency for use in carrying out is necessary to carry out this Act. (ii) the effect that such a link would have this section; and SEC. 105. RESEARCH AND DEVELOPMENT. in reducing barriers to the construction of (ii) an evaluation of the impact of the (a) ESTABLISHMENT.—The Office shall carry high-performance green buildings and ren- funds, including— out research and development— ovation of existing buildings; and (I) general data regarding measures of stu- (1) to survey and coordinate existing re- (iii) means by which to incorporate the dent health and attendance rates before and search and studies; short-term and long-term cost savings that after the intervention; and

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(II) descriptions of toxic or hazardous (6) provides to the Office a biennial report (c) CRITERIA.— cleaning, maintenance, or instructional of all activities carried out under this sec- (1) FEDERAL BUILDINGS.—With respect to products eliminated or reduced in use as part tion. the Federal building at which a demonstra- of the promotion or remediation of the in- SEC. 204. AUTHORIZATION OF APPROPRIATIONS. tion project under this section is conducted, door air quality of schools within the school There is authorized to be appropriated to the Federal building shall— district; and carry out this title $10,000,000 for the period (A) be an appropriate model for a project (iii) basic information on the potential in- of fiscal years 2005 through 2010. involving— fluence of other factors (such as the installa- TITLE III—STRENGTHENING FEDERAL (i) location and design that promote access tion of carpet and HVAC systems and similar LEADERSHIP to the Federal building through walking, biking, and mass transit; activities) on air quality. SEC. 301. GENERAL ACCOUNTING OFFICE. (ii) construction or renovation to meet (B) STATE EDUCATIONAL AGENCY REPORTS.— (a) RESTRUCTURING OF CAPITAL BUDGETS.— Not later than 180 days after the date on Not later than 180 days after the date of sub- high indoor environmental criteria; which each State educational agency has re- mission of the report under 102(c), the Comp- (iii) deployment, and assessment of effec- ceived the annual reports under subpara- troller General shall— tiveness, of high performance technologies; graph (A) from all participating school dis- (1) review the current budget process; and (iv) analysis of life cycles of all materials, components, and systems in the building; tricts, the State educational agency shall (2) develop and submit to Congress an im- and submit to the Administrator of the Environ- plementation plan for life-cycle costing (v) assessment of beneficial impacts on mental Protection Agency and Congress a that— public health and the health of individuals consolidated report of all information re- (A) identifies and incorporates the short- that enter or work in the building; and ceived from the school districts. term and long-term cost savings that accrue (B) possess sufficient technological and or- SEC. 202. FEDERAL GUIDELINES FOR SITING OF from high-performance green buildings; and ganizational adaptability. SCHOOL FACILITIES. (B) includes recommendations for— (2) UNIVERSITIES.—With respect to the 4 (a) IN GENERAL.—Using as a model guide- (i) restructuring of budgets to require the universities at which a demonstration lines such as those of the ‘‘Child Proofing use of complete energy- and environmental- Our Communities’’ School Siting Committee project under this section is conducted— cost accounting; (A) the universities should be selected of the State of California, the Administrator (ii) the use of operations expenditures in of the Environmental Protection Agency based on— budget-related decisions while simulta- (i) successful and established public-pri- shall develop school site acquisition guide- neously incorporating productivity and lines. vate research and development partnerships; health measures (as those measures can be (ii) demonstrated capabilities to construct (b) VULNERABILITY.—The guidelines should quantified by the Office, with the assistance or renovate buildings that meet high indoor contain an analysis of means by which to ac- of universities and national laboratories); count for the special vulnerability of chil- environmental qualities; and (iii) organizational flexibility; dren to chemical exposures in any case in (iii) means by which Federal agencies may (iv) technological adaptability; which the potential for contamination at a be permitted to retain and reuse all identi- (v) energy and environmental effectiveness potential school site is assessed. fied savings accrued as a result of the use of throughout the life cycles of all materials, (c) ACCESSIBILITY.—The guidelines shall in- high-performance life cycle costing for fu- components, and systems deployed within clude an analysis of means by which to maxi- ture high-performance green building initia- the building; and mize transportation choices for students, tives. (vi) the demonstrated capacity of at least 1 staff, and other members of the community. (b) AUDITS.—The Comptroller General may university to replicate lessons learned SEC. 203. EDUCATION RESEARCH PROGRAM. conduct periodic audits of a Federal project among nearby or sister universities, pref- The Administrator of the Environmental over the life of the project to inspect wheth- erably by participation in groups or con- Protection Agency, in partnership with the er— sortia that promote sustainability; Secretary of Education, shall carry out an (1) the design stage of high performance (B) each university shall be located in a education research program that— green building measures were achieved; and different climatic region of the United (1) describes the status and findings of Fed- (2) the high performance building data States, each of which regions shall have, as eral research initiatives established under were collected and reported to the Office. determined by the Office— this Act and other Federal law with respect TITLE IV—DEMONSTRATION PROJECT (i) a hot, dry climate; to education, including relevant updates on SEC. 401. COORDINATION OF GOALS. (ii) a hot, humid climate; trends in the field, such as the impact of (a) IN GENERAL.—The Office shall establish (iii) a cold climate; or school facility environments on— guidelines for a demonstration project con- (iv) a mild climate; (A) student and staff health, safety, and ducted as a public-private partnership to (C) each university shall agree that the fo- productivity; contribute to the research goals of the Of- cuses of the project shall be— (B) students with disabilities or special fice. (i) the effectiveness of various high per- needs; and (b) PROJECTS.—In accordance with guide- formance technologies in each of the 4 cli- (C) student learning capacity; lines established by the Office under sub- matic regions of the United States described (2) provides technical assistance on siting, section (a) and the duties of the Office de- in subparagraph (B); design, management, and operation of school scribed in section 101(b), the individual ap- (ii) the identification of the most effective facilities, including facilities used by stu- pointed under section 101(a) shall carry out— ways to use high performance building and dents with disabilities or special needs; (1) for each of fiscal years 2005 through landscape technologies to engage and edu- (3) once the relevant metrics have been 2008, a demonstration project, in a Federal cate undergraduate and graduate students; identified or developed in accordance with building selected by the Office in accordance and section 105, quantifies the relationships be- with the criteria described in subsection (iii) quantifiable and nonquantifiable bene- tween— (c)(1), that— ficial impacts on public health and worker (A) human health, occupant productivity, (A) provides for the evaluation and, as and student performance. and student performance; and practicable, use of the information obtained SEC. 402. AUTHORIZATION OF APPROPRIATIONS. (B) with respect to school facilities, each through the conduct of projects and activi- (a) FEDERAL DEMONSTRATION PROJECT.— of— ties under this Act; There is authorized to be appropriated to (i) pollutant emissions from materials and (B) requires at least 1 project or activity carry out the Federal demonstration project products; referred to in subparagraph (A) to achieve a described in section 401(b)(1) $5,000,000 for the (ii) natural day lighting; platinum rating, as defined by the Leader- period of fiscal years 2005 through 2010. (iii) ventilation choices and technologies; ship in Energy and Environmental Design (b) UNIVERSITY DEMONSTRATION (iv) heating and cooling choices and tech- Building Rating System standard established PROJECTS.—There is authorized to be appro- nologies; by the United States Green Building Council priated to carry out the university dem- (v) moisture control and mold; (or equivalent rating), for each fiscal year; onstration projects described in section (vi) maintenance, cleaning, and pest con- and 401(b)(2) $10,000,000 for the period of fiscal trol activities; (C) requires the submission to the Office of years 2005 through 2010. (vii) acoustics; and an annual report describing recommenda- Mr. LAUTENBERG. Mr. President, I (viii) other issues relating to the health, tions for the use of information gathered as am pleased to join Senator JEFFORDS comfort, productivity, and performance of a result of programs carried out under this today in introducing the High-Perform- occupants of the school facilities; Act; and ance Green Buildings Act. This legisla- (4) cooperates with federally funded pedi- (2) a demonstration project involving at atric environmental health research centers least 4 universities, that, as determined by tion will reenergize the Federal Gov- to assist in on-site school environmental in- the Office in accordance with subsection ernment’s commitment to building de- vestigations; (c)(2), have appropriate research capability sign and construction into the 21st (5) assists States and State entities in bet- and relevant projects to meet the goals of Century. ter understanding and improving the envi- the demonstration project established by the Buildings have an enormous impact ronmental health of children; and Office. on environmental quality, on energy

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7834 CONGRESSIONAL RECORD — SENATE July 8, 2004 use, and on natural resource consump- tions and increasing daylighting, case safeguard public health. I urge my col- tion. The statistics are staggering. studies have shown that green build- leagues to support this important bill. Buildings devour 37 percent of the en- ings improve occupant productivity ergy used in this country, including 68 and reduce employee absenteeism. This By Mr. GRAHAM of Florida: percent of electricity. They are respon- legislation would provide for research S. 2621. A bill to amend the Federal sible for 35 percent of carbon dioxide to capture and measure those impacts Water Pollution Control Act to extend emissions, the primary greenhouse gas and incorporate the lessons learned the pilot program for alternative water associated with climate change. And into future construction. source projects; to the Committee on they account for 49 percent of sulfur di- The High-Performance Green Build- Environment and Public Works. oxide and 25 percent of nitrogen oxide ing Act focuses Federal Government ef- Mr. GRAHAM. Mr. President, the Au- emissions and generate 40 percent of forts to promote the environmental, thorization for the Alternative Water the Nation’s non-industrial waste energy, health, and economic benefits Sources Act of 2000, which I originally stream. Moreover, building construc- that can be realized from green build- introduced, expires this year. I am in- tion and demolition produce 136 mil- ings. This legislation incorporates the troducing a bill to extend this law for lion tons of waste in this country, and findings of two reports that make rec- five years through Fiscal Year 2009 at use 12 percent of potable water in the ommendations for improving the Fed- an average authorization level of $25 U.S. Mr. President, for too long these eral Government’s role in relation to million per year. prodigious effects have gone unrecog- high-performance green buildings. The Our Nation’s water supply needs are nized. first report, ‘‘Building Momentum: Na- great and growing. For instance, each The impacts are even more far reach- tional Trends and Prospects for High- day the State of Florida adds 900 resi- ing than that. Since Americans spend Performance Green Buildings,’’ was dents. To satisfy the water needs of an average of 90 percent of their time prepared by the U.S. Green Building this daily population increase, Florida indoors, buildings have a considerable Council and the second report, ‘‘The must supply 200,000 more gallons of influence on public health. According Federal Commitment to Green Build- fresh water per day. Furthermore, the to the Environmental Protection Agen- ing: Experiences and Expectations,’’ additional infrastructure needed to ac- cy, EPA, indoor air pollution con- was released by the President’s Office commodate new residents blocks rain- centrations may be two to five times, of the Federal Environmental Execu- water penetration into aquifers, low- and in some cases 100 times, higher tive. ering the water table. In fact, residents than in outdoor air. EPA scientists es- Our legislation changes the way the of Florida’s west coast are increasingly timates that about 20,000 deaths occur Federal Government manages its thou- resorting to drinking desalinated water related to indoor levels of radon, and sands of buildings. The bill establishes as fresh water sources no longer suf- that 3000 lung cancer deaths occur an Office of High-Performance Green fice. Depletion of fresh water has re- among nonsmoking adults due to sec- Buildings within the General Services sulted in saltwater intrusion into in- ond-hand smoke each year. Administration, GSA, which is the log- land aquifers tainting water supplies Experts at the Centers for Disease ical place for this office since this and reducing the ability of soils to Control and Prevention, CDC, estimate agency is the Federal Government’s grow plants. that an additional 35,000 coronary dis- primary landlord. GSA manages over Other States are facing similar cri- ease deaths occur each year in this 8,700 buildings owned or leased by the ses. country among nonsmoking adults due United States. The new office will pro- In southern New Jersey, water de- to second-hand smoke. These losses do mote public outreach, coordinate and mands are so great that groundwater not include exposure to toxic pollut- focus research and development, and withdrawals from aquifers have low- ants emitted from building materials, improve life-cycle analysis and budg- ered the water table by 200 feet, caus- such as adhesives, paints, carpets, and eting for building construction. This ing saltwater intrusion. pressed-wood products, which many re- title also creates an Interagency Steer- In Georgia and South Carolina, ex- searchers believe to be significant. We ing Committee to improve coordina- cessive water demand has significantly must confront these environmental and tion across Federal agencies, and with lowered water levels causing the up- public health challenges and to do so state and local governments. ward migration of salt water in the we need a vision for the future. Our This bill would expand the role of Brunswick area and an encroachment legislation offers that vision. EPA in supporting healthier buildings of seawater into the aquifer at the High-performance green buildings are at the nation’s schools. Schools can northern end of Hilton Head Island. designed and constructed in ways that serve as the vanguard for the effort to On the East Coast, which gets on av- significantly reduce or eliminate nega- protect our children’s health and the erage 40 inches of rain per year, water tive effects on the environment, on en- environment, so this title authorizes resources have long been thought to be ergy use, and on resource consumption. the Agency to administer grants to inexhaustible. However with changing They are also designed to reduce or state and local education agencies to population patterns and increasing per- eliminate harmful pressures on the support implementation of EPA’s effec- sonal and commercial water use, many health and productivity of building oc- tive Tools for Schools Program. It also water-rich areas are finding that the cupants. According to the U.S. Green authorizes the Agency to develop Fed- water will not always be there when Building Council, a national nonprofit eral guidelines for school location they need it. organization, green design and con- siting that take into account the spe- The extension of the Alternative struction practices are directed at five cial vulnerabilities of children to the Water Sources Act will provide States broad areas: 1. Sustainable site plan- contamination of land and water. with the assistance they need to meet ning; 2. Safeguarding water and water This legislation would incorporate the needs of growing populations with- efficiency; 3. Energy efficiency and re- building life-cycle costing as a tool to out harming the environment. It will newable energy; 4. Conservation of ma- achieve more efficient and economical also provide funds on a cost-shared terials and resources; and 5. Indoor en- long-term investments in government basis to States for development of non- vironmental quality. buildings, by requiring the Comptroller traditional water resources that will Green buildings have many benefits, General to review the annual Federal provide much needed water and prevent and while the initial investment may budget process and submit a plan to future environmental damages. be higher (although not necessarily) reach these goals to Congress. The bill I introduce today, authorizes than for a traditional buildings, they In closing, investing in green build- the EPA to provide grants, at an aver- significantly lower long-term costs for ings is good public policy for a variety age $25 million a year for Fiscal Years things such as heating and cooling. of reasons. Our bill will allow the Fed- 2005 through 2009, on a cost-shared Since new government buildings are in- eral Government to take a leadership basis for alternative water source tended to be used for a long period of role in promoting green buildings. We projects. The EPA administrator is re- time—at least 50 years—it is easier to have a commitment to our children quired to take into account the eligi- justify any initial higher investment and grandchildren to protect and con- bility of a project for funding under the costs. By improving working condi- serve the planet’s resources and to existing programs when selecting

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2004 CONGRESSIONAL RECORD — SENATE S7835 projects for funding under this nation- I ask unanimous consent that the SEC. 2. DEFINITIONS. wide program. text of the bill be printed in the In this Act: (1) FEDERAL LAND.—The term ‘‘Federal This law is critical to the environ- RECORD. mentally friendly development of There being no objection, the bill was land’’ means the approximately 160 acres of Federal land within the Santa Fe National water resources in the United States. ordered to be printed in the RECORD, as Forest in the State, as depicted on the map. It authorizes funds for innovative follows: (2) LANDOWNER.—The term ‘‘landowner’’ water reuse, reclamation and conserva- S. 2621 means the 1 or more owners of the non-Fed- tion projects—helping many States Be it enacted by the Senate and House of Rep- eral land. meet current and future water supply. resentatives of the United States of America in (3) MAP.—The term ‘‘map’’ means the map Populations in water-rich areas are Congress assembled, entitled ‘‘Proposed Land Exchange for Pecos drawing increasingly on limited SECTION 1. PILOT PROGRAM FOR ALTERNATIVE National Historical Park’’, numbered 430/ groundwater supplies. In the past, WATER SOURCE PROJECTS. 80,054, dated November 19, 1999, and revised September 18, 2000. groundwater users in the East might Section 220(j) of the Federal Water Pollu- tion Control Act (33 U.S.C. 1300(j)) is amend- (4) NON-FEDERAL LAND.—The term ‘‘non- have been characterized as private ed in the first sentence— Federal land’’ means the approximately 154 wells and small public water systems. (1) by striking ‘‘$75,000,000’’ and inserting acres of non-Federal land in the Park, as de- Today, as people move away from tra- ‘‘$125,000,000’’; and picted on the map. ditional population centers along (2) by striking ‘‘2002 through 2004’’ and in- (5) PARK.—The term ‘‘Park’’ means the major rivers, groundwater use is in- serting ‘‘2005 through 2009’’. Pecos National Historical Park in the State. creasing. In Pennsylvania, about six (6) SECRETARIES.—The term ‘‘Secretaries’’ By Mr. BINGAMAN (for himself means the Secretary of the Interior and the million people rely on groundwater. Secretary of Agriculture, acting jointly. Yet, trillions of gallons of fresh and Mr. DOMENICI): S. 2622. A bill to provide for the ex- (7) STATE.—The term ‘‘State’’ means the water in the United States are wasted State of New Mexico. and flood into the sea annually. For in- change of certain Federal land in the Santa Fe National Forest and certain SEC. 3. LAND EXCHANGE. stance, in Florida, every year approxi- (a) IN GENERAL.—On conveyance by the mately 970 billion gallons of fresh non-Federal land in the Pecos National landowner to the Secretary of the Interior of water are diverted into canals that Historical Park in the State of New the non-Federal land, title to which is ac- flow into the Gulf of Mexico and the Mexico; to the Committee on Energy ceptable to the Secretary of the Interior. Atlantic. This precious fresh water and Natural Resources. (1) the Secretary of Agriculture shall, sub- would otherwise have replenished Mr. BINGAMAN. Mr. President, ject to the conditions of this Act, convey to today, I am introducing along with the landowner the Federal land; and aquifers or nourished fragile aquatic (2) the Secretary of the Interior shall, sub- ecosystems. If properly captured and Senator DOMENICI the ‘‘Pecos National Historical Park Land Exchange Act of ject to the conditions of this Act, grant to stored, this water could be used for in- the landowner the easement described in 2004’’. This bill will authorize a land ex- dustrial or commercial activities, re- subsection (b). ducing pressure on precious drinking change between the Federal Govern- (b) EASEMENT.— water sources. ment and a private landowner that will (1) IN GENERAL.—The easement referred to Our increasing water needs require benefit the Pecos National Historical in subsection (a)(2) is an easement (including immediate attention. Park in my State of New Mexico. an easement for service access) for water We continue to make progress in con- Specifically, the bill will enable the pipelines to 2 well sites located in the Park, as generally depicted on the map. servation. In the South Florida Water Park Service to acquire a private inholding within the Park’s boundaries (2) ROUTE.—The Secretary of the Interior, Management District, nearly 200 mil- in consultation with the landowner, shall de- lion gallons of water are being reused in exchange for the transfer of a nearby termine the appropriate route of the ease- per day. However, demands remain tract of National Forest System land. ment through the Park. great. For instance, each resident in The National Forest parcel has been (3) TERMS AND CONDITIONS.—The easement South Florida uses nearly 175 gallons identified as available for exchange in shall include such terms and conditions re- of fresh water per day—almost twice the Santa Fe National Forest Land and lating to the use of, and access to, the well sites and pipeline, as the Secretary of the In- the national average. Much of this po- Resource Management Plan and is sur- rounded by private lands on three terior, in consultation with the landowner, table water is used for watering land- determines to be appropriate. scaping. We must find ways to reserve sides. The Pecos National Historical Park (4) APPLICABLE LAW.—The easement shall potable water for drinking and make be established, operated, and maintained in better use of other sources of water for possesses exceptional historic and ar- compliance with applicable Federal law. agricultural, commercial and outdoor chaeological resources. Its strategic lo- (c) VALUATION, APPRAISALS, AND EQUALI- watering purposes. cation between the Great Plains and ZATION.— With innovations in water quantity the Rio Grande Valley has made it the (1) IN GENERAL.—The value of the Federal focus of the region’s 10,000 years of land and non-Federal land— management, we can curtail such tre- (A) shall be equal, as determined by ap- mendous wastes of water and reuse the human history. The Park preserves the ruins of the great Pecos pueblo, which praisals conducted in accordance with para- water that supply storage facilities graph (2); or now cannot absorb. was a major trade center, and the ruins (B) if the value is not equal, shall be equal- In 1999, I sponsored S. 968, the Alter- of two Spanish colonial missions dat- ized in accordance with paragraph (3). native Water Sources Act, which au- ing from the 17th and 18th centuries. (2) APPRAISALS.— thorized funding for alternative water The Glorieta Unit of the Park pro- (A) IN GENERAL.—The Federal land and projects in States that do not receive tects key sites associated with the 1862 non-Federal land shall be appraised by an Civil War Battle of Glorieta Pass, a sig- independent appraiser selected by the Secre- funds for water supply projects. In 2000, taries. my bill was incorporated into S. 835, nificant event that ended the Confed- erate attempt to expand the war into (B) REQUIREMENTS.—An appraisal con- the Estuaries and Clean Waters Act of ducted under subparagraph (A) shall be con- 2000, which became Public Law 106–457. the West. This Unit will directly ben- ducted in accordance with— Unfortunately, the authorization for efit from the land exchange. (i) the Uniform Appraisal Standards for the Alternative Water Sources Act is I ask unanimous consent that the Federal Land Acquisition; and due to expire this year. With our Na- full text of the bill I have introduced (ii) the Uniform Standards of Professional Appraisal Practice. tion facing many water quantity man- today be printed in the RECORD. There being no objection, the bill was (C) APPROVAL.—The appraisals conducted agement issues, we must act now to ordered to be printed in the RECORD, as under this paragraph shall be submitted to renew the authorization. follows: the Secretary of the Interior for approval. Congress can provide tools to ensure (3) EQUALIZATION OF VALUES.— that Americans have the water they S. 2622 (A) IN GENERAL.—If the values of the non- need for a healthy and productive fu- Be it enacted by the Senate and House of Rep- Federal land and the Federal land are not ture. The Alternative Water Sources resentatives of the United States of America in equal, the values may be equalized by— Congress assembled, (i) the Secretary of the Interior making a Act is one such tool, and we must not SECTION 1. SHORT TITLE. cash equalization payment to the landowner; let it expire. I hope that Congress will This Act may be cited as the ‘‘Pecos Na- (ii) the landowner making a cash equali- approve an extension of the Act before tional Historical Park Land Exchange Act of zation payment to the Secretary of Agri- the end of the year. 2004.’’ culture; or

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7836 CONGRESSIONAL RECORD — SENATE July 8, 2004 (iii) reducing the acreage of the non-Fed- private landowner that will benefit the years because applicants are required eral land or the Federal land, as appropriate. Pecos National Historical Park in my to live in the United States for a min- (B) CASH EQUALIZATION PAYMENTS.—Any State of New Mexico. imum of five years prior to applying amounts received by the Secretary of Agri- I am pleased to be working on this for citizenship and the INS often takes culture as a cash equalization payment under section 206(b) of the Federal Land Pol- legislation again with Senator BINGA- three or more years to process the ap- icy and Management Act of 1976 (43 U.S.C. MAN. This bill is nearly identical to a plication. Because of this time delay, 1716(b)) shall— bill that we worked on and marked up many individuals are trapped in the (1) be deposited in the fund established by in the Energy and Natural Resources system faced with the loss of their SSI Public Law 90–171 (commonly known as the Committee in the 106th Session of Con- benefits. ‘‘Sisk Act’’) (16 U.S.C. 484a); and gress. If Congress does not act to change (ii) be available for expenditure, without The bill will enable the Park Service the law, reports show that over the further appropriation, for the acquisition of to acquire a private inholding within land and interests in land in the State. next four years nearly 30,000 elderly the Pecos National Historic Park’s (d) COSTS.—Before the completion of the and disabled refugees and asylees will exchange under this section, the Secretaries boundaries in exchange for the transfer lose their Supplemental Security In- and the landowner shall enter into an agree- of a nearby tract of National Forest come (SSI) benefits because their ment that allocates the costs of the ex- System land. The National Forest par- seven-year time limit will expire before change between the Secretaries and the land- cel has been identified as surplus and they become citizens. Many of these in- owner. available for exchange in the Santa Fe dividuals are elderly who fled persecu- (e) APPLICABLE LAW.—Except as otherwise National Forest Land and Resource tion or torture in their home countries. provided in this Act, the exchange of land Management Plan and is surrounded by and interests in land under this Act shall be They include Jews fleeing religious in accordance with— private lands on three sides. persecution in the former Soviet (1) section 206 of the Federal Land Policy The Pecos National Historical Park Union, Iraqi Kurds fleeing the Saddam and Management Act of 1976 (43 U.S.C. 1716); is located between the Great Plains Hussein regime, Cubans and Hmong and and the Rio Grande Valley and that has people from the highlands of Laos who (2) other applicable laws, including the Na- made it the focus of the region’s 10,000 served on the side of the United States tional Environmental Policy Act of 1969 (42 years of human history. The park pre- military during the Vietnam War. U.S.C. 4321 et seq.). serves the ruins of the great Pecos They are elderly and unable to work, (f) ADDITIONAL TERMS AND CONDITIONS.— pueblo—a major trade center—and the and have become reliant on their SSI The Secretaries may require, in addition to ruins of two Spanish colonial missions any requirements under this Act, such terms benefits as their primary income. To and conditions relating to the exchange of dating from the 17th and 18th cen- penalize them because of delays en- Federal land and non-Federal land and the turies. countered through the bureaucratic granting of easements under this Act as the The Glorieta Unit of the Park, where process seems unjust and inappro- Secretaries determine to be appropriate to this exchange is located, protects key priate. protect the interests of the United States. sites associated with the 1862 Civil War I would like to share the story of (g) COMPLETION OF THE EXCHANGE.— Battle of Glorieta Pass, a significant (1) IN GENERAL.—The exchange of Federal Yelena, a victim of religious persecu- event that ended the Confederate at- tion in the former Soviet Union who land and non-Federal land shall be com- tempt to expand the war into the west. pleted not later than 180 days after the later sought refuge in the United States of— This unit will directly benefit from the seven years ago and is currently living (A) the date on which the requirements of land exchange. in Portland, Oregon. At the age of 82, the National Environmental Policy Act of By Mr. SMITH (for himself, Mr. Yelena relies on SSI and other public 1969 (42 U.S.C. 4321 et seq.) have been met; or benefits programs to buy food and pay (B) the date on which the Secretary of the KOHL, and Mr. LUGAR): Interior approves the appraisals under sub- S. 2623. A bill to amend section 402 of her monthly bills. Yelena is now stuck section (c)(2)(C). the Personal Responsibility and Work in a multi-year backlog waiting for her (2) NOTICE.—The Secretaries shall submit Opportunity Reconciliation Act of 1996 green card, the first step toward citi- to Committee on Energy and Natural Re- to provide a 2–year extension of supple- zenship. She was raised in a small vil- sources of Senate and the Committee on Re- mental security income in fiscal years lage in the Soviet Union where she had sources of the House of Representatives no- little access to formal education and tice of the completion of the exchange of 2005 through 2007 for refugees, asylees, and certain other humanitarian immi- never learned English. She has strug- Federal land and non-Federal land under this gled to grasp the language since arriv- Act. grants; to the Committee on Finance. Mr. SMITH. Mr. President, I am ing in the US and as a result, her SEC. 4. ADMINISTRATION. seven-year anniversary arrived before (a) IN GENERAL.—The Secretary of the In- pleased to be joined today by my col- terior shall administer the non-Federal land leagues, Senators KOHL and LUGAR to she was able to naturalize. Yelena is acquired under this Act in accordance with introduce this important piece of legis- now without her SSI benefits and still the laws generally applicable to units of the lation. Legislation that will ensure the fighting to become a citizen. We must National Park System, including the Act of United States government does not help Yelena and others like her. August 25, 1916 (commonly known as the turn its back on political asylees or The Administration in its fiscal year ‘‘National Park Service Organic Act’’) (16 refugees who are the most vulnerable 2005 budget acknowledged the necessity U.S.C. 1 et seq.). to correct this problem by dedicating (b) MAPS.— citizens seeking safety in this great funding in its budget to extend refugee (1) IN GENERAL.—The map shall be on file country of ours. and available for public inspection in the ap- As many of you may know, Congress eligibility for SSI beyond the seven- propriate offices of the Secretaries. as part of Personal Responsibility and year limit. While I am pleased that (2) TRANSMITTAL OF REVISED MAP TO CON- Work Opportunity Reconciliation Act they have taken the first step in cor- GRESS.—Not later than 180 days after com- (PRWORA) modified the SSI program recting this problem, I am concerned pletion of the exchange, the Secretaries shall to include a seven-year time limit on the policy does not go far enough. Data transmit to the Committee on Energy and the receipt of benefits for refugees and shows that most people will need at Natural Resources of the United States and least an additional two years to navi- the Committee on Resources of the United asylees. This policy was intended to States House of Representatives a revised balance the desire to have people who gate and complete the naturalization map that depicts— emigrate to the United States to be- process. Therefore, my colleagues and I (A) the Federal land and non-Federal land come citizens, with an understanding have introduced this bill, which will exchanged under this Act; and that the naturalization process also provide a two-year extension. We be- (B) the easement described in section 3(b). takes time to complete. To allow ade- lieve this will provide the time nec- Mr. DOMENICI. Mr. President, today, quate time for asylees and refugees to essary to complete the process. Senator BINGAMAN and I are intro- become naturalized citizens Congress I hope my colleagues will join me in ducing the ‘‘Pecos National Historical provided the seven-year time limit be- support of this bill, and I look forward Park Land Exchange Act of 2004’’. This fore the expiration of SSI benefits. to working with Chairman GRASSLEY bill will authorize a land exchange be- Unfortunately, the naturalization and other members of the Finance tween the Federal Government and a process often takes longer than seven Committee to secure these changes.

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2004 CONGRESSIONAL RECORD — SENATE S7837 Mr. KOHL. Mr. President. In Decem- SMITH, LUGAR and I are introducing the of gas averages $1.90. For someone who ber, 2003, the U.S. government unex- SSI Extension for Disabled and Elderly buys one tank of gas a week, that in- pectedly announced plans to resettle Refugees Act. This legislation extends crease costs $350 per year. up to 15,000 Hmong refugees from Laos the amount of time that refugees and All this adds up. Oil imports now ac- currently living in Thailand. These ref- asylees have to become citizens to nine count for $125 billion annually, or one- ugees will be reunited with some 200,000 years. The legislation will retro- quarter of America’s trade deficit. Hmong family members who were re- actively restore benefits to many who That money could be invested here at settled here in the years after the Viet- have already lost them, and will pro- home to create American jobs, but in- nam War, some as recently as the 1990s. tect those who are scheduled to lose stead we are being gouged by oil ex- Many of these Hmong fought with the benefits in the next two years. porters. CIA in Laos during the Vietnam War, I cannot stress how important this While Americans suffer, President providing critical assistance to U.S. legislation is to many in the State of Bush has done nothing to bring down forces. After the fall of Saigon, thou- Wisconsin. Just last month, an article gas prices. He says he will talk to his sands of Hmong fled Laos and its com- in the Green Bay Press-Gazette told of Saudi friends in the oil business. But munist Pathet Lao government. The the difficulties facing 79-year-old Sia talk is cheap. The American people United States remains indebted to Xiong, a Hmong refugee who could lose want action. This bill today is an op- these courageous individuals and their benefits in the coming months. Like portunity for action. families. many elderly refugees, she doesn’t I have also released a report today, While we work with the Department know English, which poses a huge bar- explaining the basis for a WTO com- rier in her application for citizenship. of Health and Human Services to iden- plaint against OPEC. Despite the assistance that has been tify funds to help these new refugees In some ways, the allegations are given to refugees like Xiong from agen- resettle, it is extremely important that simple and straightforward: OPEC ma- cies such as Lutheran Social Services we act to help those refugees and nipulates world oil markets by impos- or Kajsiab House or the Neighborhood asylees already living in the United ing export quotas on oil. These quotas Law Project in Madison, the length of States. In addition to the Hmong, keep the price of oil artificially high. America has served as a shelter for the naturalization process has proved overwhelming to too many refugees. Without OPEC, market analysts have Jews and Baptists fleeing religious per- estimated that the free market price of secution in the former Soviet Union; Congress must take action imme- diately to help people like Xiong, and a barrel of oil would be around 10 to 15 and for Iraqis and Cubans escaping ty- dollars lower than today’s price. That rannical dictatorships. Our policy to- her family. In addition to the Hmong population in Wisconsin, almost every would make a difference in gas prices ward refugees and asylees embodies the of 20 to 45 cents per gallon, saving best of our country—compassion, op- State in the country is home to immi- grants who will be affected by the American families hundreds of dollars portunity, and freedom. I am proud of per year. There is no reason to con- the example our policies set with re- limit. Our country has long been a symbol of freedom, equality and oppor- tinue to tolerate OPEC’s anti-competi- spect to the treatment of those seeking tive behavior. refuge. tunity. Our laws should reflect that. But I am disappointed in our decision Every day that goes by could result in Collusion to put quotas on oil ex- to allow these people to enter the coun- the loss of a refugee’s support system— ports—or any exports—is illegal under try and then deny them the means to I urge my colleagues to support this WTO rules. For example, the WTO has live. Thousands of people who fled reli- legislation and restore the principles found that a treaty between the United gious and political persecution to seek we were put here to protect. States and Japan limiting semicon- ductor exports violated WTO rules. freedom in the U.S. will now be pun- By Mr. LAUTENBERG (for him- ished by a short-sighted policy. A pro- The Bush administration has been self, Mr. DURBIN, Mr. LEVIN, and vision in the 1996 welfare reform bill re- lax in dealing with OPEC. In my view, Mr. REID): President Bush’s ties to the Saudis and stricted the amount of time that elder- S. 2624. A bill to require the United ly and disabled refugees and asylees to big oil companies prevent him from States Trade Representative to pursue sticking up for the American con- could be eligible for Supplemental Se- a complaint of anti-competitive prac- curity Income (SSI) benefits. These sumer. tices against certain oil exporting Indeed, while the squeeze was being benefits serve as a basic monthly in- countries; to the Committee on Fi- come for individuals who are 65 or put on American consumers, oil compa- nance. nies and refineries reported record older, disabled or blind. Over the next 4 Mr. LAUTENBERG. Mr. President, profits in the first quarter of this year years, it is estimated that 40,000 refu- today I am introducing legislation, for operations in the United States. gees and political asylees could lose with Senators DURBIN, LEVIN and REID, Earnings for U.S. domestic refining and these important benefits on which they with Congressman DEFAZIO in the marketing operations increased by 294 often rely. House, to bring fairness to the oil mar- percent for Chevron-Texaco, 165 per- The 1996 welfare law included a 7- kets and do something to reverse the cent for BP, 125 percent for year time limit on SSI benefits for recent spikes in gas prices. legal humanitarian immigrants. In Our legislation will force the United ExxonMobil, and 44 percent for Conoco- order to avoid losing this important States Trade Representative (USTR) to Phillips over last year’s levels. support, refugees and asylees must be- initiate World Trade Organization So while OPEC and their oil company come citizens within the 7-year limit. (WTO) proceedings against OPEC na- allies have seen a boom, American fam- Unfortunately, this has proved impos- tions. Under WTO rules, countries are ilies have seen a bust. In fact, for those sible for far too many. The process of not permitted to maintain export middle-income Americans who will see becoming a citizen only truly begins quotas. But OPEC nations actually any benefit at all from the recent tax after a refugee has resided in the U.S. collude to set such quotas. cuts, rising gas prices alone will eat up for 5 years as a lawful permanent resi- OPEC is an illegal cartel, plain and half of those cuts. dent. And beyond that, there are many simple. We’ve allowed this cartel to op- Since the Bush administration has other barriers, such as language skills erate for too long—it’s time to put an failed to live up to its responsibilities, and processing and bureaucratic delays end to it. it’s time for the Congress to stand up within the various agencies, which an The American people are feeling the for the American people and force it to immigrant must overcome before they effects of the OPEC cartel every day at take action against OPEC. become naturalized. Beginning in 2003, the gas pumps. Many families are al- I urge support of this common-sense immigrants trapped in this process— ready struggling with lost jobs, stag- legislation, and I ask unanimous con- too often the most vulnerable elderly nant wages and the rising costs of sent that the text of the legislation be and families—began to lose their SSI health care. High gas prices have only printed in the RECORD. benefits with no hope of recourse. made matters worse. There being no objection, the bill was This inherent flaw in the system has When President Bush took office, a ordered to be printed in the RECORD, as to be changed. That is why Senators gallon of gas cost $1.47. Today, a gallon follows:

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7838 CONGRESSIONAL RECORD — SENATE July 8, 2004 S. 2624 the United States Trade Representative Last week, T.R. became one of the Be it enacted by the Senate and House of Rep- shall, not later than 60 days after the date of first students to graduate from the resentatives of the United States of America in enactment of this Act, institute proceedings Friends of the Children program. Along Congress assembled, pursuant to the Understanding on Rules and with his classmates, T.R. was identi- SECTION 1. FINDINGS. Procedures Governing the Settlement of Dis- fied by the program over a decade ago. putes with respect to that country and shall Congress makes the following findings: He was part of a group of children iden- (1) Gasoline prices have risen 80 percent take appropriate action with respect to that country under the trade remedy laws of the tified as the most in danger of abuse, since January, 2002, with oil recently trading neglect, juvenile delinquency, gang and at more than $40 per barrel for the first time United States. ever. drug involvement, school failure, and (2) Rising gasoline prices have placed an By Mr. SMITH (for himself and teenage pregnancy. Today, these chil- inordinate burden on American families. Mr. WYDEN): dren have grown into young adults. (3) High gasoline prices have hindered and S. 2625. A bill to establish a national They have positive values and show will continue to hinder economic recovery. demonstration project to improve great potential to become healthy, pro- (4) The Organization of Petroleum Export- intervention programs for the most ductive members of their communities. ing Countries (OPEC) has formed a cartel disadvantaged children and youth, and ‘‘The Friends of the Children Na- and engaged in anti-competitive practices to for other purposes; to the Committee tional Demonstration Act’’ will estab- manipulate the price of oil, keeping it artifi- on the Judiciary. lish a national demonstration project cially high. Mr. SMITH. Mr. President, I rise to promote learning about successful (5) Six member nations of OPEC—Indo- early and sustained childhood interven- nesia, Kuwait, Nigeria, Qatar, the United today with my colleague, Mr. WYDEN, Arab Emirates and Venezuela—are also to introduce the ‘‘Friends of the Chil- tion programs. This bill would author- members of the World Trade Organization. dren National Demonstration Act’’ to ize funding for Friends of the Children (6) The agreement among OPEC member authorize funding for Friends of the activities and local program operations nations to limit oil exports is an illegal pro- Children. at existing sites including ongoing hibition or restriction on the exportation or Friends of the Children is a prom- evaluation, and dissemination of find- sale for export of a product under Article XI ising early intervention program estab- ings for the benefit of policy makers of the GATT 1994. lished in Portland, Oregon, in 1993. The and other youth programs. (7) The export quotas and resulting high program identifies the most disadvan- I look forward to working with my prices harm American families, undermine colleagues to enact this bill and make the American economy, impede American taged children at the kindergarten or and foreign commerce, and are contrary to first grade level and matches those a commitment to improving the lives the national interests of the United States. children with ‘‘professional mentors’’ of disadvantaged children and youth. Mr. WYDEN. Mr. President, I am in- SEC. 2. ACTIONS TO CURB CERTAIN CARTEL (also known as ‘‘Friends’’). Once ANTI-COMPETITIVE PRACTICES. matched, professional mentors work troducing today, along with my col- (a) DEFINITIONS.— with children for a period of up to 12 league, Senator SMITH, the ‘‘Friends of (1) GATT 1994.—The term ‘‘GATT 1994’’ has the Children National Demonstration years. the meaning given such term in section Act’’ to authorize funding for Friends 2(1)(B) of the Uruguay Round Agreements Started over a decade ago with just three Friends serving as mentors to 24 of the Children. The companion of this Act (19 U.S.C. 3501(1)(B). bill is being introduced in the House (2) UNDERSTANDING ON RULES AND PROCE- children, Friends of the Children has today by Congressman EARL BLU- DURES GOVERNING THE SETTLEMENT OF DIS- grown to serve over 600 children in 11 MENAUER. PUTES.—The term ‘‘Understanding on Rules communities throughout the United This innovative program is truly a and Procedures Governing the Settlement of States. The mission of Friends of the Disputes’’ means the agreement described in best practice in the field of youth de- Children is to help our Nation’s most velopment. Friends of the Children was section 101(d)(16) of the Uruguay Round disadvantaged children to develop the Agreements Act (19 U.S.C. 3511(d)(16)). started in Portland, OR, and was mod- relationships, goals, and skills nec- (3) WORLD TRADE ORGANIZATION.— eled on extensive research indicating (A) IN GENERAL.—The term ‘‘World Trade essary to break the cycles of poverty, that the strongest protective factor for Organization’’ means the organization estab- abuse, and violence in order to become highly disadvantaged children is an on- lished pursuant to the WTO Agreement. a contributing member of society. going relationship with a supportive, (B) WTO AGREEMENT.—The term ‘‘WTO Extensive research has shown that caring adult. Today, Friends of the Agreement’’ means the Agreement Estab- the single most important factor that lishing The World Trade Organization en- Children is the only program in the Na- fosters resiliency in children is having tion that provides carefully screened tered into on April 15, 1994. a long-term relationship with a caring, (b) ACTION BY PRESIDENT.— full-time professional mentors to dis- supportive adult. Friends of the Chil- (1) IN GENERAL.—Notwithstanding any advantaged youth for 12 years starting other provision of law, the President shall, dren is a unique program that provides in kindergarten or first grade. Friends not later than 15 days after the date of en- just such a relationship for disadvan- of the Children’s first class of students actment of this Act, initiate consultations taged children. is now graduating. These young people with the countries described in paragraph (2) In 1993, Friends of the Children wel- have outperformed their peer group of to seek the elimination by those countries of comed T.R., a first grader, into the any action that— disadvantaged youth in every respect. Portland program. At home, T.R. was They are in school, have passing (A) limits the production or distribution of routinely exposed to drug use, gang ac- oil, natural gas, or any other petroleum grades, have not been incarcerated, do product, tivity, and violence. Through the pro- not abuse drugs or alcohol, and have (B) sets or maintains the price of oil, nat- gram, T.R. was matched with his men- not become involved in gang violence. ural gas, or any petroleum product, or tor, Jerrell, to help maintain a support Let me share the story of one of (C) otherwise is an action in restraint of system in T.R.’s life. Jerrell tutors, these friends. In 1993, a first grader trade with respect to oil, natural gas, or any counsels, advises and is a companion to named Demarcus joined the Friends of petroleum product, T.R. whether it is discussing T.R.’s the Children-Portland program in an when such action constitutes an act, policy, plans for the future or dealing with his attempt to overcome a family history or practice that is unjustifiable and burdens family relationships. Without the help and restricts United States commerce. of substance abuse and violence. His of someone like Jerrell, T.R. believes (2) COUNTRIES DESCRIBED.—The countries mother was raising three children as a described in this paragraph are the fol- that he would probably have dropped single parent and she was over- lowing: out of school or joined a gang. Now, whelmed. As a participant in the (A) Indonesia. T.R. is giving back to his community Friends of the Children program, (B) Kuwait. by working for Self Enhancement, Inc., Demarcus was matched with a (C) Nigeria. an organization that teaches leadership ‘‘Friend,’’ Ruben, who has been his (D) Qatar. skills to middle school students. T.R. mentor for the past eight years. Ruben (E) The United Arab Emirates. has overcome great adversity to ma- and Demarcus have developed a strong (F) Venezuela. (c) INITIATION OF WTO DISPUTE PRO- ture into a responsible young adult. relationship through activities ranging CEEDINGS.—If the consultations described in T.R. aspires to pursue a career in busi- from playing basketball to having seri- subsection (b) are not successful with respect ness and would like to run his own ous conversations about life and pre- to any country described in subsection (b)(2), company one day. paring for the future. Ruben has helped

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2004 CONGRESSIONAL RECORD — SENATE S7839 Demarcus develop anger management support of Senators COLLINS, LIEBER- vember, the Department claimed that skills and maturity. While many of MAN, FITZGERALD, and VOINOVICH. extending this authority to the Special Demarcus’s friends and family have Thanks to the work of the bill’s co- Counsel would usurp DOJ’s traditional been incarcerated or have been victims sponsors, we have developed legislation unifying role as the Executive Branch’s of gun violence, Demarcus is a success that strikes the right balance between representative in court. The Depart- story. Now 17 years old, he is a respon- the protection of Federal whistle- ment also claimed that the provision sible young man who makes good blowers and our national security. would undermine a number of impor- choices and knows that actions have As my colleagues know, the events of tant policy goals, including the presen- consequences. When he graduates from September 11, 2001, have brought re- tation of uniform positions on signifi- high school, he hopes to work toward newed attention to the security lapses cant legal issues and the objective liti- becoming a pilot, either by joining the at our Nation’s airports, nuclear facili- gation of cases by attorneys unaffected military or attending college. Friends ties, borders, and law enforcement by concerns of a single agency that of the Children mentors have been agencies. However, in many cases, the may be inimical to the interests of the major supporters of Demarcus and his current whistleblower system fails to Government as a whole. goal to attain higher education. The protect those who would disclose infor- However, many agencies have inde- mentors have helped him grow into the mation that could ensure the safety pendent litigating authority, including focused young adult he is today. and welfare of the American people. As the Equal Employment Opportunity Last week in Portland, the first class of May 2004, Federal whistleblowers Commission, the MSPB, the Environ- of Friends of the Children, including have prevailed on the merits of their mental Protection Agency, and the Demarcus, graduated from the pro- claims before the Federal Circuit Court Federal Labor Relations Authority. gram. By all accounts these children of Appeals only once since 1994. This Moreover, interagency disputes are not have beaten the odds and are success record sends the wrong message. How unique. It is inappropriate for the Of- stories. Twelve years ago these young can we expect civil servants to protect fice of Special Counsel (OSC), the agen- people were identified by their elemen- and defend the United States when we cy charged with protecting the Whis- tary schools as most likely to fail. permit agencies to retaliate against tleblower Protection Act (WPA), to Today, they are soon-to-be high school them for doing their job? seek approval from DOJ, the agency graduates. I know the Department of Justice charged with protecting agencies al- Currently, Friends of the Children (DOJ) has objected to previous legisla- leged to have retaliated against whis- serves over 600 children in 11 commu- tion concerning this problem. This tleblowers, in order to carry out its nities across the United States. ‘‘The comes as no surprise as the Depart- mission. Nonetheless, our bill would Friends of the Children National Dem- ment has an institutional conflict of not provide the Special Counsel with onstration Act’’ will establish a na- interest with restoring whistleblower independent litigating authority but tional demonstration project to pro- rights as it is charged with defending rather provide it with independent au- mote learning about successful early agencies charged with retaliating thority to file amicus briefs with fed- and sustained childhood interventions. against the whistleblower. Nonethe- eral courts. This authority will allow This bill would authorize funding for less, I have worked with my colleagues the Special Counsel to protect the Friends of the Children activities and on the Governmental Affairs Com- WPA while addressing concerns raised local program operations at existing mittee to address some the concerns by the Justice Department. raised by the Justice Department while sites, ongoing evaluation, and dissemi- In addition, our compromise measure nation of findings for the benefit of pol- still protecting federal employees. One of the most significant changes would still provide protection to whis- icy makers and other youth-serving tleblowers subject to retaliatory inves- programs. in the bill relates to the protection of employees who find their security tigations, but not for routine or non- I look forward to working with my discretionary investigations of the em- colleagues to pass this bill and make a clearances stripped as a means of retal- iation for blowing the whistle. Current ployee and codify the definition of rea- commitment to improving the lives of sonable belief an employee must have disadvantaged children and youth. law does not permit the whistleblower to have his or her case heard by an in order to determine when an em- By Mr. AKAKA (for himself, Ms. independent adjudicator when this type ployee has made a protected disclosure. I am pleased that our new bill, among COLLINS, Mr. GRASSLEY, Mr. of retaliation occurs. LEVIN, Mr. LEAHY, Mr. DURBIN, Under our bill, the whistleblower other things, retains language restor- Mr. FITZGERALD, Mr. PRYOR, would be able to bring a case before the ing congressional intent regarding the Mr. VOINOVICH, Mr. JOHNSON, Merit Systems Protection Board definition of a protected disclosure, Mr. DAYTON, Mr. LIEBERMAN, (MSPB) on an expedited basis when the codifying the anti-gag provision that and Mr. LAUTENBERG): employing agency revokes, suspends, has been in every appropriations law S. 2628. A bill to amend chapter 23 of denies, or makes another determina- since 1988, and establishing a more rea- title 5, United States Code, to clarify tion in relation to an employee’s secu- sonable test for determining govern- the disclosures of information pro- rity clearance or access to classified ment mismanagement instead of irref- tected from prohibited personnel prac- materials. However, the employing ragable proof. According to the Federal tices, require a statement in nondisclo- agency need only prove by a preponder- Circuit, in order to determine that the sure policies, forms, and agreements ance of the evidence that it would have federal government has engaged in that such policies, forms, and agree- taken the action against the employee gross mismanagement, the whistle- ments conform with certain disclosure irrespective the whistleblower’s disclo- blower must have irrefragable proof, protections, provide certain authority sure. By lowering the burden of proof meaning proof impossible to refute. for the Special Counsel, and for other for the employing agency from clear The bill also retains language, sub- purposes; to the Committee on Govern- and convincing, as is the standard with ject to a five-year sunset, providing mental Affairs. other whistleblower cases, to prepon- whistleblowers the opportunity to have Mr. AKAKA. Mr. President, today I derance of the evidence, our legislation their cases heard by federal courts rise to introduce the Federal Employ- strikes a balance between having an other than the Federal Circuit Court of ee’s Protection of Disclosures Act. Last open and transparent process for whis- Appeals. These provisions are nec- year I introduced similar legislation, tleblowers and the need to make secu- essary to facilitate disclosures of gov- S. 1358, to amend employee safeguards rity clearance or access determinations ernment mismanagement in order for for disclosing government waste, fraud, in the interests of national security. Congress to do its job and make in- and abuse with the support of Senators The Department of Justice was also formed decisions when carrying out its GRASSLEY, LEVIN, LEAHY, DURBIN, DAY- concerned with a provision in the prior legislative, appropriation, and over- TON, PRYOR, JOHNSON, and LAUTENBERG. bill, S. 1358, which granted independent sight functions for the protection the Today, I am pleased that we can in- litigating authority to the Special American people. troduce a strong bipartisan version of Counsel. In testimony before the Gov- Our government is responsible for this legislation with the additional ernmental Affairs Committee last No- services and programs that touch all

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The Federal employees who (c) COVERED DISCLOSURES.—Section icy, form, or agreement does not contain the carry out these responsibilities on be- 2302(a)(2) of title 5, United States Code, is following statement: half of the American people must be amended— ‘‘ ‘These provisions are consistent with and able to communicate with Congress (1) in subparagraph (B)(ii), by striking do not supersede, conflict with, or otherwise ‘‘and’’ at the end; without fear of losing their jobs when alter the employee obligations, rights, or li- (2) in subparagraph (C)(iii), by striking the abilities created by Executive Order No. reporting threats to public health and period at the end and inserting ‘‘; and’’; and 12958; section 7211 of title 5, United States safety and government mismanage- (3) by adding at the end the following: Code (governing disclosures to Congress); ment. We must have a credible and ‘‘(D) ‘disclosure’ means a formal or infor- section 1034 of title 10, United States Code functioning WPA. I urge my colleagues mal communication or transmission, but (governing disclosure to Congress by mem- to support this bipartisan bill and en- does not include a communication con- bers of the military); section 2302(b)(8) of sure real protection for Federal whis- cerning policy decisions that lawfully exer- title 5, United States Code (governing disclo- tleblowers. cise discretionary authority unless the em- sures of illegality, waste, fraud, abuse, or I ask unanimous consent that the ployee providing the disclosure reasonably public health or safety threats); the Intel- text of the bill be printed in the believes that the disclosure evidences— ligence Identities Protection Act of 1982 (50 ‘‘(i) any violation of any law, rule, or regu- U.S.C. 421 et seq.) (governing disclosures that RECORD. There being no objection, the bill was lation; or could expose confidential Government ‘‘(ii) gross management, a gross waste of agents); and the statutes which protect ordered to be printed in the RECORD, as funds, an abuse of authority, or a substantial against disclosures that could compromise follows: and specific danger to public health or safe- national security, including sections 641, 793, S. 2628 ty.’’. 794, 798, and 952 of title 18, United States Be it enacted by the Senate and House of Rep- (d) REBUTTABLE PRESUMPTION.—Section Code, and section 4(b) of the Subversive Ac- resentatives of the United States of America in 2302(b) of title 5, United States Code, is tivities Control Act of 1950 (50 U.S.C. 783(b)). Congress assembled, amended by amending the matter following The definitions, requirements, obligations, SECTION 1. PROTECTION OF CERTAIN DISCLO- paragraph (12) to read as follows: rights, sanctions, and liabilities created by SURES OF INFORMATION BY FED- ‘‘This subsection shall not be construed to such Executive order and such statutory pro- ERAL EMPLOYEES. authorize the withholding of information visions are incorporated into this agreement (a) SHORT TITLE.—This Act may be cited as from Congress or the taking of any personnel and are controlling.’; or the ‘‘Federal Employee Protection of Disclo- action against an employee who discloses in- ‘‘(14) conduct, or cause to be conducted, an sures Act’’. formation to Congress, except that an em- (b) CLARIFICATION OF DISCLOSURES COV- investigation, other than any ministerial or ployee or applicant may be disciplined for ERED.—Section 2302(b)(8) of title 5, United nondiscretionary fact finding activities nec- the disclosure of information described in States Code, is amended— essary for the agency to perform its mission, paragraph (8)(C)(i) to a Member or employee (1) in subparagraph (A)— of an employee or applicant for employment of Congress who is not authorized to receive because of any activity protected under this (A) by striking ‘‘which the employee or ap- such information. For purposes of paragraph plicant reasonably believes evidences’’ and section.’’. (8), any presumption relating to the perform- (3) BOARD AND COURT REVIEW OF ACTIONS RE- inserting ‘‘, without restriction to time, ance of a duty by an employee who has au- place, form, motive, context, or prior disclo- LATING TO SECURITY CLEARANCES.— thority to take, direct others to take, rec- (A) IN GENERAL.—Chapter 77 of title 5, sure made to any person by an employee or ommend, or approve any personnel action applicant, including a disclosure made in the United States Code, is amended by inserting may be rebutted by substantial evidence. For after section 7702 the following: ordinary course of an employee’s duties, that purposes of paragraph (8), a determination as the employee or applicant reasonably be- to whether an employee or applicant reason- ‘‘§ 7702a. Actions relating to security clear- lieves is evidence of’’; and ably believes that they have disclosed infor- ances (B) in clause (i), by striking ‘‘a violation’’ mation that evidences any violation of law, ‘‘(a) In any appeal relating to the suspen- and inserting ‘‘any violation’’; rule, regulation, gross mismanagement, a sion, revocation, or other determination re- (2) in subparagraph (B)— gross waste of funds, an abuse of authority, lating to a security clearance or access de- (A) by striking ‘‘which the employee or ap- or a substantial and specific danger to public plicant reasonably believes evidences’’ and health or safety shall be made by deter- termination, the Merit Systems Protection inserting ‘‘, without restriction to time, mining whether a disinterested observer Board or any reviewing court— place, form, motive, context, or prior disclo- with knowledge of the essential facts known ‘‘(1) shall determine whether paragraph (8) sure made to any person by an employee or to and readily ascertainable by the employee or (9) of section 2302(b) was violated; applicant, including a disclosure made in the would reasonably conclude that the actions ‘‘(2) may not order the President or the ordinary course of an employee’s duties, of of the Government evidence such violations, designee of the President to restore a secu- information that the employee or applicant mismanagement, waste, abuse, or danger.’’. rity clearance or otherwise reverse a deter- reasonably believes is evidence of’’; and (e) NONDISCLOSURE POLICIES, FORMS, AND mination of clearance status or reverse an (B) in clause (i), by striking ‘‘a violation’’ AGREEMENTS; SECURITY CLEARANCES; AND RE- access determination; and and inserting ‘‘any violation (other than a TALIATORY INVESTIGATIONS.— ‘‘(3) subject to paragraph (2), may issue de- violation of this section)’’; and (1) PERSONNEL ACTION.—Section claratory relief and any other appropriate (3) by adding at the end the following: 2302(a)(2)(A) of title 5, United States Code, is relief. ‘‘(C) any disclosure that— amended— ‘‘(b)(1) If, in any final judgment, the Board ‘‘(i) is made by an employee or applicant of (A) in clause (x), by striking ‘‘and’’ after or court declares that any suspension, rev- information required by law or Executive the semicolon; and ocation, or other determination with regards order to be kept secret in the interest of na- (B) by redesignating clause (xi) as clause to a security clearance or access determina- tional defense or the conduct of foreign af- (xiv) and inserting after clause (x) the fol- tion was made in violation of paragraph (8) fairs that the employee or applicant reason- lowing: or (9) of section 2302(b), the affected agency ably believes is direct and specific evidence ‘‘(xi) the implementation or enforcement shall conduct a review of that suspension, of— of any nondisclosure policy, form, or agree- revocation, access determination, or other ‘‘(I) any violation of any law, rule, or regu- ment; determination, giving great weight to the lation; ‘‘(xii) a suspension, revocation, or other de- Board or court judgment. ‘‘(II) gross mismanagement, a gross waste termination relating to a security clearance of funds, an abuse of authority, or a substan- or any other access determination by a cov- ‘‘(2) Not later than 30 days after any Board tial and specific danger to public health or ered agency; or court judgment declaring that a security safety; or ‘‘(xiii) an investigation, other than any clearance suspension, revocation, access de- ‘‘(III) a false statement to Congress on an ministerial or nondiscretionary fact finding termination, or other determination was issue of material fact; and activities necessary for the agency to per- made in violation of paragraph (8) or (9) of ‘‘(ii) is made to— form its mission, of an employee or appli- section 2302(b), the affected agency shall ‘‘(I) a member of a committee of Congress cant for employment because of any activity issue an unclassified report to the congres- having a primary responsibility for oversight protected under this section; and’’. sional committees of jurisdiction (with a of a department, agency, or element of the (2) PROHIBITED PERSONNEL PRACTICE.—Sec- classified annex if necessary), detailing the Federal Government to which the disclosed tion 2302(b) of title 5, United States Code, is circumstances of the agency’s security clear- information relates and who is authorized to amended— ance suspension, revocation, other deter- receive information of the type disclosed; (A) in paragraph (11), by striking ‘‘or’’ at mination, or access determination. A report ‘‘(II) any other Member of Congress who is the end; under this paragraph shall include any pro- authorized to receive information of the type (B) in paragraph (12), by striking the pe- posed agency action with regards to the se- disclosed; or riod and inserting a semicolon; and curity clearance or access determination. ‘‘(III) an employee of Congress who has the (C) by inserting after paragraph (12) the ‘‘(c) An allegation that a security clear- appropriate security clearance and is author- following: ance or access determination was revoked or ized to receive information of the type dis- ‘‘(13) implement or enforce any nondisclo- suspended in retaliation for a protected dis- closed.’’. sure policy, form, or agreement, if such pol- closure shall receive expedited review by the

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Office of Special Counsel, the Merit Systems (j) JUDICIAL REVIEW.— (k) NONDISCLOSURE POLICIES, FORMS, AND Protection Board, and any reviewing court. (1) IN GENERAL.—Section 7703(b)(1) of title AGREEMENTS.— ‘‘(d) For purposes of this section, correc- 5, United States Code, is amended to read as (1) IN GENERAL.— tive action may not be ordered if the agency follows: (A) REQUIREMENT.—Each agreement in demonstrates by a preponderance of the evi- ‘‘(b)(1)(A) Except as provided in subpara- Standard Forms 312 and 4414 of the Govern- dence that it would have taken the same per- graph (B) and paragraph (2), a petition to re- ment and any other nondisclosure policy, sonnel action in the absence of such disclo- view a final order or final decision of the form, or agreement of the Government shall sure.’’. Board shall be filed in the United States contain the following statement: ‘‘These re- (B) TECHNICAL AND CONFORMING AMEND- Court of Appeals for the Federal Circuit. strictions are consistent with and do not su- MENT.—The table of sections for chapter 77 of Notwithstanding any other provision of law, persede, conflict with, or otherwise alter the title 5, United States Code, is amended by in- any petition for review must be filed within employee obligations, rights, or liabilities serting after the item relating to section 7702 60 days after the date the petitioner received created by Executive Order No. 12958; section the following: notice of the final order or decision of the 7211 of title 5, United States Code (governing ‘‘7702a. Actions relating to security clear- Board. disclosures to Congress); section 1034 of title ances.’’. ‘‘(B) During the 5-year period beginning on 10, United States Code (governing disclosure the effective date of the Federal Employee (f) EXCLUSION OF AGENCIES BY THE PRESI- to Congress by members of the military); Protection of Disclosures Act, a petition to section 2302(b)(8) of title 5, United States DENT.—Section 2302(a)(2)(C) of title 5, United review a final order or final decision of the Code (governing disclosures of illegality, States Code, is amended by striking clause Board in a case alleging a violation of para- waste, fraud, abuse or public health or safety (ii) and inserting the following: graph (8) or (9) of section 2302(b) shall be filed threats); the Intelligence Identities Protec- ‘‘(ii)(I) the Federal Bureau of Investiga- in the United States Court of Appeals for the tion, the Central Intelligence Agency, the Federal Circuit or any court of appeals of tion Act of 1982 (50 U.S.C. 421 et seq.) (gov- Defense Intelligence Agency, the National competent jurisdiction as provided under erning disclosures that could expose con- Imagery and Mapping Agency, the National subsection (b)(2).’’. fidential Government agents); and the stat- utes which protect against disclosure that Security Agency; and (2) REVIEW OBTAINED BY OFFICE OF PER- may compromise the national security, in- ‘‘(II) as determined by the President, any SONNEL MANAGEMENT.—Section 7703(d) of executive agency or unit thereof the prin- title 5, United States Code, is amended to cluding sections 641, 793, 794, 798, and 952 of cipal function of which is the conduct of for- read as follows: title 18, United States Code, and section 4(b) eign intelligence or counterintelligence ac- ‘‘(d)(1) Except as provided under paragraph of the Subversive Activities Act of 1950 (50 tivities, if the determination (as that deter- (2), this paragraph shall apply to any review U.S.C. 783(b)). The definitions, requirements, mination relates to a personnel action) is obtained by the Director of the Office of Per- obligations, rights, sanctions, and liabilities made before that personnel action; or’’. sonnel Management. The Director of the Of- created by such Executive order and such (g) ATTORNEY FEES.—Section 1204(m)(1) of fice of Personnel Management may obtain statutory provisions are incorporated into title 5, United States Code, is amended by review of any final order or decision of the this agreement and are controlling.’’. striking ‘‘agency involved’’ and inserting Board by filing, within 60 days after the date (B) ENFORCEABILITY.—Any nondisclosure ‘‘agency where the prevailing party is em- the Director received notice of the final policy, form, or agreement described under ployed or has applied for employment’’. order or decision of the Board, a petition for subparagraph (A) that does not contain the (h) DISCIPLINARY ACTION.—Section judicial review in the United States Court of statement required under subparagraph (A) 1215(a)(3) of title 5, United States Code, is Appeals for the Federal Circuit if the Direc- may not be implemented or enforced to the amended to read as follows: tor determines, in his discretion, that the extent such policy, form, or agreement is in- ‘‘(3)(A) A final order of the Board may im- Board erred in interpreting a civil service consistent with that statement. pose— law, rule, or regulation affecting personnel (2) PERSONS OTHER THAN GOVERNMENT EM- ‘‘(i) disciplinary action consisting of re- management and that the Board’s decision PLOYEES.—Notwithstanding paragraph (1), a moval, reduction in grade, debarment from will have a substantial impact on a civil nondisclosure policy, form, or agreement Federal employment for a period not to ex- service law, rule, regulation, or policy direc- that is to be executed by a person connected ceed 5 years, suspension, or reprimand; tive. If the Director did not intervene in a with the conduct of an intelligence or intel- ‘‘(ii) an assessment of a civil penalty not to matter before the Board, the Director may ligence-related activity, other than an em- exceed $1,000; or not petition for review of a Board decision ployee or officer of the United States Gov- ‘‘(iii) any combination of disciplinary ac- under this section unless the Director first ernment, may contain provisions appropriate tions described under clause (i) and an as- petitions the Board for a reconsideration of to the particular activity for which such doc- sessment described under clause (ii). its decision, and such petition is denied. In ument is to be used. Such form or agreement ‘‘(B) In any case in which the Board finds addition to the named respondent, the Board shall, at a minimum, require that the person that an employee has committed a prohib- and all other parties to the proceedings be- will not disclose any classified information ited personnel practice under paragraph (8) fore the Board shall have the right to appear received in the course of such activity unless or (9) of section 2302(b), the Board shall im- in the proceeding before the Court of Ap- specifically authorized to do so by the pose disciplinary action if the Board finds peals. The granting of the petition for judi- United States Government. Such nondisclo- that the activity protected under paragraph cial review shall be at the discretion of the sure forms shall also make it clear that such (8) or (9) of section 2302(b) was a significant Court of Appeals. forms do not bar disclosures to Congress or motivating factor, even if other factors also ‘‘(2) During the 5-year period beginning on to an authorized official of an executive motivated the decision, for the employee’s the effective date of the Federal Employee agency or the Department of Justice that decision to take, fail to take, or threaten to Protection of Disclosures Act, this para- are essential to reporting a substantial vio- take or fail to take a personnel action, un- graph shall apply to any review relating to lation of law. less that employee demonstrates, by prepon- paragraph (8) or (9) of section 2302(b) ob- (l) CLARIFICATION OF WHISTLEBLOWER derance of evidence, that the employee tained by the Director of the Office of Per- RIGHTS FOR CRITICAL INFRASTRUCTURE INFOR- would have taken, failed to take, or threat- sonnel Management. The Director of the Of- MATION.—Section 214(c) of the Homeland Se- ened to take or fail to take the same per- fice of Personnel Management may obtain curity Act of 2002 (Public Law 107–296) is sonnel action, in the absence of such pro- review of any final order or decision of the amended by adding at the end the following: tected activity.’’. Board by filing, within 60 days after the date ‘‘For purposes of this section a permissible (i) SPECIAL COUNSEL AMICUS CURIAE AP- the Director received notice of the final use of independently obtained information PEARANCE.—Section 1212 of title 5, United order or decision of the Board, a petition for includes the disclosure of such information States Code, is amended by adding at the end judicial review in the United States Court of under section 2302(b)(8) of title 5, United the following: Appeals for the Federal Circuit or any court States Code.’’. ‘‘(h)(1) The Special Counsel is authorized of appeals of competent jurisdiction as pro- (m) ADVISING EMPLOYEES OF RIGHTS.—Sec- to appear as amicus curiae in any action vided under subsection (b)(2) if the Director tion 2302(c) of title 5, United States Code, is brought in a court of the United States re- determines, in his discretion, that the Board amended by inserting ‘‘, including how to lated to any civil action brought in connec- erred in interpreting paragraph (8) or (9) of make a lawful disclosure of information that tion with section 2302(b)(8) or (9), or sub- section 2302(b). If the Director did not inter- is specifically required by law or Executive chapter III of chapter 73, or as otherwise au- vene in a matter before the Board, the Direc- order to be kept secret in the interest of na- thorized by law. In any such action, the Spe- tor may not petition for review of a Board tional defense or the conduct of foreign af- cial Counsel is authorized to present the decision under this section unless the Direc- fairs to the Special Counsel, the Inspector views of the Special Counsel with respect to tor first petitions the Board for a reconsider- General of an agency, Congress, or other compliance with section 2302(b) (8) or (9) or ation of its decision, and such petition is de- agency employee designated to receive such subchapter III of chapter 77 and the impact nied. In addition to the named respondent, disclosures’’ after ‘‘chapter 12 of this title’’. court decisions would have on the enforce- the Board and all other parties to the pro- (n) SCOPE OF DUE PROCESS.— ment of such provisions of law. ceedings before the Board shall have the (1) SPECIAL COUNSEL.—Section ‘‘(2) A court of the United States shall right to appear in the proceeding before the 1214(b)(4)(B)(ii) of title 5, United States Code, grant the application of the Special Counsel court of appeals. The granting of the petition is amended by inserting ‘‘, after a finding to appear in any such action for the purposes for judicial review shall be at the discretion that a protected disclosure was a contrib- described in subsection (a).’’. of the Court of Appeals.’’. uting factor,’’ after ‘‘ordered if’’.

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7842 CONGRESSIONAL RECORD — SENATE July 8, 2004 (2) INDIVIDUAL ACTION.—Section 1221(e)(2) of lar partnerships also exist in the devel- the future leaders of the Nation understand title 5, United States Code, is amended by in- opment of agricultural, defense, tele- the history of military action and the con- serting ‘‘, after a finding that a protected communications, and other tech- tributions and sacrifices of those who con- disclosure was a contributing factor,’’ after nologies. This record demonstrates the duct such actions; and ‘‘ordered if’’. Whereas, on November 10, 2003, President potential of a similar binational foun- (o) EFFECTIVE DATE.—This Act shall take George W. Bush issued a proclamation urg- effect 30 days after the date of enactment of dation in the area of homeland secu- ing all the people of the United States to ob- this Act. rity. serve November 9 through November 15, 2003, As recent international events have as ‘‘National Veterans Awareness Week’’: By Ms. COLLINS (for herself and demonstrated, the fight against ter- Now, therefore, be it Mr. LIEBERMAN): rorism knows no borders. This legisla- Resolved, S. 2635. A bill to establish an inter- tion will enable our Nation to deploy SECTION 1. NATIONAL VETERANS AWARENESS governmental grant program to iden- the highest quality and most innova- WEEK. tify and develop homeland security in- tive tools to improve our homeland se- (a) SENSE OF THE SENATE.—It is the sense formation, equipment, capabilities, curity. I ask you to join me in sup- of the Senate that the President should des- technologies, and services to further ignate the week of November 7 through No- porting this effort to enhance our Na- vember 13, 2004, as ‘‘National Veterans the homeland security needs of Fed- tion’s fight against terrorism. Awareness Week’’. eral, State, and local governments; to f (b) PROCLAMATION.—The Senate requests the Committee on Governmental Af- the President to issue a proclamation— fairs. SUBMITTED RESOLUTIONS (1) designating the week of November 7 Ms. COLLINS. Mr. President, the through November 13, 2004, as ‘‘National Vet- United States and Israel share a strong erans Awareness Week’’ for the purpose of SENATE RESOLUTION 401—DESIG- emphasizing educational efforts directed at and enduring friendship. We also share NATING THE WEEK OF NOVEM- the threat of terrorist attacks against elementary and secondary school students BER 7 THROUGH NOVEMBER 13, concerning the contributions and sacrifices our citizens. Yet, while terrorism with- 2004, AS ‘‘NATIONAL VETERANS of veterans; and in our borders is relatively new to us, AWARENESS WEEK’’ TO EMPHA- (2) calling on the people of the United Israelis have confronted this danger for SIZE THE NEED TO DEVELOP States to observe National Veterans Aware- decades. Israel’s long history of fight- EDUCATIONAL PROGRAMS RE- ness Week with appropriate educational ac- ing terrorism has spurred Israeli busi- GARDING THE CONTRIBUTIONS tivities. nesses, researchers and academics to OF VETERANS TO THE COUNTRY. develop highly sophisticated homeland SENATE CONCURRENT RESOLU- security technologies, particularly in Mr. BIDEN (for himself, Mr. ALLEN, TION 121—SUPPORTING THE the fields of border integrity, transpor- Mr. BOND, Mrs. BOXER, Mr. BREAUX, GOALS AND IDEALS OF THE tation security, and first responder Mr. BUNNING, Mr. CAMPBELL, Ms. CANT- WORLD YEAR OF PHYSICS WELL, Mr. CARPER, Mr. CHAFEE, Mr. equipment. As the United States pur- Mr. BINGAMAN (for himself and Mr. sues new approaches to protecting our CHAMBLISS, Mrs. CLINTON, Mr. COCH- RAN, Mr. COLEMAN, Ms. COLLINS, Mr. DOMENICI) submitted the following con- Nation, it only makes sense to look to current resolution; which was referred Israel’s extensive expertise in this CONRAD, Mr. CORNYN, Mr. CORZINE, Mr. DAYTON, Mrs. DOLE, Mr. DORGAN, Mr. to the Committee on Energy and Nat- area. ural Resources: This is why I am introducing legisla- DURBIN, Mr. FEINGOLD, Mrs. FEINSTEIN, Mr. GRAHAM of Florida, Mr. GRASSLEY, S. CON. RES. 121 tion with Senator LIEBERMAN to estab- lish a program to provide funds to eli- Mr. GREGG, Mr. HAGEL, Mr. HOLLINGS, Whereas throughout history, physics has contributed to knowledge, civilization, and gible joint ventures between American Mr. INOUYE, Mr. JOHNSON, Mr. KEN- NEDY, Ms. LANDRIEU, Mr. LEVIN, Mr. culture around the world; firms and businesses in countries such Whereas physics research has been and LIEBERMAN, Mrs. LINCOLN, Mr. LUGAR, as Israel that are already highly fo- continues to be a driving force for scientific, cused on the homeland security issue Mr. MILLER, Ms. MURKOWSKI, Mrs. technological, and economic development; and have demonstrated the capacity MURRAY, Mr. NELSON of Florida, Mr. Whereas many emerging fields in science for fruitful cooperation with America ROCKEFELLER, Mr. SARBANES, Mr. SES- and technology, such as nanoscience, infor- in the area of counterterrorism. SIONS, Ms. SNOWE, Mr. SPECTER, Mr. mation technology, and biotechnology, are This program will act as a revolving SUNUNU, Mr. TALENT, Mr. THOMAS, Mr. substantially based on, and derive many VOINOVICH, Mr. WARNER, Mr. WYDEN, tools from, fundamental discoveries in phys- fund to develop new homeland security ics and physics applications; technologies. As these technologies are and Mr. SMITH) submitted the following resolution; which was referred to the Whereas physics will continue to play a deployed and become profitable, the vital role in addressing many 21st-century businesses that developed them will be Committee on the Judiciary. challenges relating to sustainable develop- required to repay the program for the S. RES. 401 ment, including environmental conservation, amount of the funds. This requirement, Whereas tens of millions of Americans clean sources of energy, public health, and which has worked for similar existing have served in the Armed Forces of the security; programs, will help sustain the avail- United States during the past century; Whereas Albert Einstein is a widely recog- Whereas hundreds of thousands of Ameri- nized scientific figure who contributed enor- ability of funds for future funds. cans have given their lives while serving in mously to the development of physics, begin- The program will be managed by the the Armed Forces during the past century; ning in 1905 with Einstein’s groundbreaking Department of Homeland Security. It Whereas the contributions and sacrifices of papers on the photoelectric effect, the size of will dedicate $25 million toward these the men and women who served in the Armed molecules, Brownian motion, and the theory joint ventures that develop, manufac- Forces have been vital in maintaining the of relativity that led to Einstein’s most fa- ture, sell, or otherwise provide prod- freedoms and way of life enjoyed by the peo- mous equation, E = mc2; ucts and services with applications re- ple of the United States; Whereas 2005 will be the 100th anniversary lated to homeland security. Whereas the advent of the all-volunteer of the publication of those groundbreaking This legislation will build upon a Armed Forces has resulted in a sharp decline papers; in the number of individuals and families Whereas the General Assembly of the number of other highly successful pub- who have had any personal connection with International Union of Pure and Applied lic-private partnerships between busi- the Armed Forces; Physics unanimously approved the propo- nesses in the United States and those Whereas this reduction in familiarity with sition designating 2005 as the World Year of located in countries such as Israel. the Armed Forces has resulted in a marked Physics; and Since its founding in 1977, the Bi-Na- decrease in the awareness by young people of Whereas the Department of Energy is the tional Industrial Research and Devel- the nature and importance of the accom- leading source of Federal support for aca- opment Foundation (BIRD) has created plishments of those who have served in the demic physics research, accounting for a ma- numerous research and development Armed Forces, despite the current edu- jority of Federal funding for physics: Now, cational efforts of the Department of Vet- therefore, be it partnerships between American and erans Affairs and the veterans service orga- Resolved by the Senate (the House of Rep- Israeli businesses. The BIRD Founda- nizations; resentatives concurring), That Congress— tion has invested $180 million in 600 Whereas the system of civilian control of (1) supports the goals and ideals of the projects during the past 27 years. Simi- the Armed Forces makes it essential that World Year of Physics, as designated by the

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2004 CONGRESSIONAL RECORD — SENATE S7843 General Assembly of the International Union At the appropriate place, insert the fol- ‘‘(ii) the products, goods, or services re- of Pure and Applied Physics; lowing: sponsible for causing the injuries to the per- (2) encourages the people of the United SEC. ll. FAIR MINIMUM WAGE. son or risk to the person’s life were sold, States to observe the World Year of Physics (a) SHORT TITLE.—This section may be marketed, distributed, purchased, or ob- as a special occasion for giving impetus to— cited as the ‘‘Fair Minimum Wage Act of tained in the State in which the action is (A) education and research in physics; and 2004’’. filed; (B) the public’s understanding of physics; (b) INCREASE IN THE MINIMUM WAGE.— ‘‘(iii) the time the alleged harm occurred, (3) calls on the Secretary of Energy to lead (1) IN GENERAL.—Section 6(a)(1) of the Fair all the plaintiff class members were citizens and coordinate Federal activities to com- Labor Standards Act of 1938 (29 U.S.C. of the State in which the action is filed; memorate the World Year of Physics; 206(a)(1)) is amended to read as follows: ‘‘(iv) the time the alleged harm occurred, (4) encourages the Secretary, all science- ‘‘(1) except as otherwise provided in this the defendant was registered to do business related organizations, the private sector, and section, not less than— in the State in which the action is filed; and the media to highlight and give enhanced ‘‘(A) $5.85 an hour, beginning on the 60th ‘‘(v) the claims asserted allege violations recognition to— day after the date of enactment of the Fair of State law. (A) the role of physics in social, cultural, Minimum Wage Act of 2004; and economic development; and ‘‘(B) $6.45 an hour, beginning 12 months SA 3558. Mr. DURBIN submitted an (B) the positive impact and contributions after that 60th day; and amendment intended to be proposed by of physics to society; and ‘‘(C) $7.00 an hour, beginning 24 months him to the bill S. 2062, to amend the (5) encourages the Secretary and all people after that 60th day;’’. procedures that apply to consideration involved in physics education and research (2) EFFECTIVE DATE.—The amendment of interstate class actions to assure to take additional steps (including strength- made by paragraph (1) shall take effect 60 fairer outcomes for class members and ening existing and emerging fields of physics days after the date of enactment of this Act. defendants, and for other purposes; research and promoting the understanding of (c) APPLICABILITY OF MINIMUM WAGE TO THE which was ordered to lie on the table; physics) to ensure that— COMMONWEALTH OF THE NORTHERN MARIANA (A) support for physics continues; and ISLANDS.— as follows: (B) physics studies at all levels continue to (1) IN GENERAL.—Section 6 of the Fair On page 26, strike line 21 and insert the fol- attract an adequate number of students. Labor Standards Act of 1938 (29 U.S.C. 206) lowing: f shall apply to the Commonwealth of the SEC. 9. EXCLUDED ACTIONS. Northern Mariana Islands. (a) IN GENERAL.—This Act, and the amend- AMENDMENTS SUBMITTED AND (2) TRANSITION.—Notwithstanding para- ments made by this Act, shall not apply to PROPOSED graph (1), the minimum wage applicable to any civil action relating to a tobacco prod- the Commonwealth of the Northern Mariana uct. SA 3555. Mrs. BOXER (for herself, Mr. KEN- Islands under section 6(a)(1) of the Fair (b) DEFINED TERM.—As used in this section, NEDY, Mr. BYRD, Ms. MIKULSKI, Mrs. CLINTON, Labor Standards Act of 1938 (29 U.S.C. the term ‘‘tobacco product’’ means— Mr. LIEBERMAN, Mr. LEVIN, Mr. FEINGOLD, 206(a)(1)) shall be— (1) a cigarette, as defined in section 3 of Mr. CORZINE, Mr. SCHUMER, Mr. LEAHY, and (A) $3.55 an hour, beginning on the 60th day the Federal Cigarette Labeling and Adver- Mr. WYDEN) submitted an amendment in- after the date of enactment of this Act; and tising Act (15 U.S.C. 1332); tended to be proposed by her to the bill S. (2) a little cigar, as defined in section 3 of 2062, to amend the procedures that apply to (B) increased by $0.50 an hour (or such less- er amount as may be necessary to equal the the Federal Cigarette Labeling and Adver- consideration of interstate class actions to tising Act (15 U.S.C. 1332); assure fairer outcomes for class members minimum wage under section 6(a)(1) of such Act), beginning 6 months after the date of (3) a cigar, as defined in section 5702(a) of and defendants, and for other purposes; the Internal Revenue Code of 1986; which was ordered to lie on the table. enactment of this Act and every 6 months thereafter until the minimum wage applica- (4) pipe tobacco; SA 3556. Mr. DURBIN submitted an amend- (5) loose rolling tobacco and papers used to ment intended to be proposed by him to the ble to the Commonwealth of the Northern Mariana Islands under this subsection is contain that tobacco; bill S. 2062, supra; which was ordered to lie (6) a product referred to as smokeless to- on the table. equal to the minimum wage set forth in such section. bacco, as defined in section 9 of the Com- SA 3557. Mr. DURBIN submitted an amend- prehensive Smokeless Tobacco Health Edu- ment intended to be proposed by him to the cation Act of 1986 (15 U.S.C.4408); and bill S. 2062, supra; which was ordered to lie SA 3556. Mr. DURBIN submitted an amendment intended to be proposed by (7) any other form of tobacco intended for on the table. human consumption. SA 3558. Mr. DURBIN submitted an amend- him to the bill S. 2062, to amend the SEC. 10. EFFECTIVE DATE. ment intended to be proposed by him to the procedures that apply to consideration bill S. 2062, supra; which was ordered to lie of interstate class actions to assure SA 3559. Mr. ENSIGN (for himself, on the table. fairer outcomes for class members and Mr. SUNUNU, and Mr. ALLEN) submitted SA 3559. Mr. ENSIGN (for himself, Mr. defendants, and for other purposes; an amendment intended to be proposed SUNUNU, and Mr. ALLEN) submitted an which was ordered to lie on the table; amendment intended to be proposed by him by him to the bill S. 2062, to amend the to the bill S. 2062, supra; which was ordered as follows: procedures that apply to consideration to lie on the table. On page 21, lines 1 and 2, after ‘‘defendant’’ of interstate class actions to assure SA 3560. Mr. KENNEDY (for himself, Mr. insert ‘‘or by the court sua sponte’’. fairer outcomes for class members and On page 21, line 9, strike ‘‘solely’’. CORZINE, Ms. MIKULSKI, Ms. CANTWELL, Mrs. defendants, and for other purposes; MURRAY, and Mr. AKAKA) submitted an which was ordered to lie on the table; amendment intended to be proposed by him SA 3557. Mr. DURBIN submitted an to the bill S. 2062, supra; which was ordered amendment intended to be proposed by as follows: to lie on the table. him to the bill S. 2062, to amend the On page 26, line 23, strike ‘‘commenced’’ SA 3561. Mr. ENZI submitted an amend- procedures that apply to consideration and insert ‘‘in which the entry of a class cer- ment intended to be proposed by him to the of interstate class actions to assure tification order (as defined in section bill S. 2062, supra; which was ordered to lie 1332(d)(1)(C) of title 28, United States Code) fairer outcomes for class members and occurs’’. on the table. defendants, and for other purposes; f which was ordered to lie on the table; SA 3560. Mr. KENNEDY (for himself, TEXT OF AMENDMENTS as follows: Mr. CORZINE, Ms. MIKULSKI, Ms. CANT- WELL, Mrs. MURRAY, and Mr. AKAKA) SA 3555. Mrs. BOXER (for herself, Mr. On page 18, line 7, strike ‘‘or’’. On page 18, line 8, insert ‘‘over a class ac- submitted an amendment intended to KENNEDY, Mr. BYRD, Ms. MIKULSKI, tion in which’’ after ‘‘(B)’’. be proposed by him to the bill S. 2062, Mrs. CLINTON, Mr. LIEBERMAN, Mr. On page 18, line 11, strike the period and to amend the procedures that apply to LEVIN, Mr. FEINGOLD, Mr. CORZINE, Mr. insert ‘‘; or’’. consideration of interstate class ac- SCHUMER, Mr. LEAHY, and Mr. WYDEN) On page 18, between lines 11 and 12, insert tions to assure fairer outcomes for submitted an amendment intended to the following: class members and defendants, and for be proposed by her to the bill S. 2062, to ‘‘(C) except for a class action in which any member of a proposed plaintiff class is a cit- other purposes; which was ordered to amend the procedures that apply to lie on the table; as follows: consideration of interstate class ac- izen of a State different from any defendant, over a class action in which— On page 15, strike lines 3 through 7, and in- tions to assure fairer outcomes for ‘‘(i) the alleged harm that resulted in inju- sert the following: class members and defendants, and for ries to the person or risk to the person’s life ‘‘(B) the term ‘class action’— other purposes; which was ordered to occurred in the State in which the action is ‘‘(i) means any civil action filed under rule lie on the table; as follows: filed; 23 of the Federal Rules of Civil Procedure or

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7844 CONGRESSIONAL RECORD — SENATE July 8, 2004 similar State statute or rule of judicial pro- Sec. 213. Administration. SEC. 102. PURPOSE. cedure authorizing an action to be brought Sec. 214. Duties. Section 106 (29 U.S.C. 2811) is amended by by 1 or more representative persons as a Sec. 215. Leadership in scientifically based inserting at the end the following: ‘‘It is also class action; and reading instruction. the purpose of this subtitle to provide work- ‘‘(ii) does not include— Sec. 216. National Institute for Literacy Ad- force investment activities in a manner that ‘‘(I) any class action brought under a State visory Board. promotes the informed choice of participants civil rights law prohibiting discrimination Sec. 217. Gifts, bequests, and devises. and actively involves participants in deci- on the basis of race, color, religion, sex, na- Sec. 218. Mails. sions affecting their participation in such tional origin, age, disability, or other classi- Sec. 219. Applicability of certain civil serv- activities.’’. fication specified in that law; or ice laws. SEC. 103. STATE WORKFORCE INVESTMENT ‘‘(II) any class action or collective action Sec. 220. Experts and consultants. BOARDS. Sec. 221. Report. brought to obtain relief under State law for (a) MEMBERSHIP.— Sec. 222. Definitions. (1) IN GENERAL.—Section 111(b) (29 U.S.C. failure to pay the minimum wage, overtime Sec. 223. Authorization of appropriations. pay, or wages for all time worked, failure to 2821(b)) is amended— Sec. 224. Reservation. (A) by amending paragraph (1)(C) to read provide rest or meal breaks, or unlawful use Sec. 225. Authority to publish. of child labor; as follows: PART C—GENERAL PROVISIONS ‘‘(C) representatives appointed by the Gov- SA 3561. Mr. ENZI submitted an Sec. 241. Transition. ernor, who are— ‘‘(i)(I) the lead State agency officials with amendment intended to be proposed by TITLE III—AMENDMENTS TO THE WAGNER-PEYSER ACT responsibility for the programs and activi- him to the bill S. 2062, to amend the ties that are described in section 121(b) and procedures that apply to consideration Sec. 301. Amendments to the Wagner-Peyser carried out by one-stop partners; of interstate class actions to assure Act. ‘‘(II) in any case in which no lead State fairer outcomes for class members and TITLE IV—AMENDMENTS TO THE agency official has responsibility for such a defendants, and for other purposes; REHABILITATION ACT OF 1973 program or activity, a representative in the which was ordered to lie on the table; Sec. 401. Chairperson. State with expertise relating to such pro- gram or activity; and as follows: Sec. 402. Rehabilitation Services Adminis- tration. ‘‘(III) if not included under subclause (I), At the appropriate place, insert the fol- Sec. 403. Director. the director of the State unit, defined in sec- lowing: Sec. 404. State goals. tion 7(8)(B) of the Rehabilitation Act of 1973 DIVISION ll—WORKFORCE Sec. 405. Authorizations of appropriations. (29 U.S.C. 705(8)(B)) except that in a State REINVESTMENT AND ADULT EDUCATION Sec. 406. Helen Keller National Center Act. that has established 2 or more designated SEC. 1. SHORT TITLE. TITLE V—TRANSITION AND EFFECTIVE State units to administer the vocational re- This division may be cited as the ‘‘Work- DATE habilitation program, the board representa- force Reinvestment and Adult Education Act Sec. 501. Transition provisions. tive shall be the director of the designated of 2003’’. Sec. 502. Effective date. State unit that serves the most individuals SEC. 3. REFERENCES. with disabilities in the State; SEC. 2. TABLE OF CONTENTS. ‘‘(ii) the State agency officials responsible The table of contents for this division is as Except as otherwise expressly provided, wherever in this division an amendment or for economic development; follows: ‘‘(iii) representatives of business in the Sec. 1. Short title. repeal is expressed in terms of an amend- ment to, or repeal of, a section or other pro- State who— Sec. 2. Table of contents. ‘‘(I) are owners of businesses, chief execu- Sec. 3. References. vision, the amendment or repeal shall be considered to be made to a section or other tive or operating officers of businesses, and TITLE I—AMENDMENTS TO TITLE I OF provision of the Workforce Investment Act other business executives or employers with THE WORKFORCE INVESTMENT ACT OF of 1998 (20 U.S.C. 9201 et seq.). optimum policy making or hiring authority, 1998 including members of local boards described TITLE I—AMENDMENTS TO TITLE I OF in section 117(b)(2)(A)(i); Sec. 101. Definitions. THE WORKFORCE INVESTMENT ACT OF Sec. 102. Purpose. ‘‘(II) represent businesses with employ- 1998 Sec. 103. State workforce investment boards. ment opportunities that reflect employment Sec. 104. State plan. SEC. 101. DEFINITIONS. opportunities in the State; and Sec. 105. Local workforce investment areas. Section 101 (29 U.S.C. 2801) is amended— ‘‘(III) are appointed from among individ- Sec. 106. Local workforce investment (1) in paragraph (8)(C), by striking ‘‘not uals nominated by State business organiza- boards. less than 50 percent of the cost of the train- tions and business trade associations; Sec. 107. Local plan. ing’’ and inserting ‘‘a significant portion of ‘‘(iv) chief elected officials (representing Sec. 108. Establishment of one-stop delivery the cost of training, as determined by the both cities and counties, where appropriate); systems. local board’’; ‘‘(v) representatives of labor organizations, Sec. 109. Eligible providers of training serv- (2) by striking paragraph (13) and redesig- who have been nominated by State labor fed- ices. nating paragraphs (1) through (12) as para- erations; and Sec. 110. Eligible providers of youth activi- graphs (2) through (13) respectively; ‘‘(vi) such other representatives and State ties. (3) by inserting the following new para- agency officials as the Governor may des- Sec. 111. Youth activities. graph after ‘‘In this title:’’: ignate.’’; and Sec. 112. Comprehensive program for adults. ‘‘(1) ACCRUED EXPENDITURES.—The term (B) in paragraph (3), by striking ‘‘para- Sec. 113. Performance accountability sys- ‘accrued expenditures’ includes the sum of graph (1)(C)(i)’’ and inserting ‘‘paragraph tem. actual cash disbursements for direct charges (1)(C)(iii)’’. Sec. 114. Authorization of appropriations. for goods and services, the net increase or (2) CONFORMING AMENDMENT.—Section Sec. 115. Job Corps. decrease in the amounts owed by recipients, 111(c) (29 U.S.C 2811(c)) is amended by strik- Sec. 116. Native American programs. goods and other property received for serv- ing ‘‘subsection (b)(1)(C)(i)’’ and inserting Sec. 117. Youth challenge grants. ices performed by employees, contractors, ‘‘subsection (b)(1)(C)(iii)’’. Sec. 118. Technical assistance. subgrantees, or other payees, and other (b) FUNCTIONS.—Section 111(d) (29 U.S.C. Sec. 119. Demonstration, pilot, multiservice, amounts becoming owned for which no cur- 2811(d)) is amended— research and multistate rent service or performance is required.’’; (1) by amending paragraph (3) to read as projects. (4) by striking paragraph (24) and redesig- follows: Sec. 120. Evaluations. nating paragraphs (25) through (32) as para- ‘‘(3) development and review of statewide Sec. 121. Authorization of appropriations for graphs (24) through (31), respectively; policies affecting the integrated provision of national activities. (5) in paragraph (24) (as so redesignated)— services through the one-stop delivery sys- Sec. 122. Requirements and restrictions. (A) in subparagraph (B), by striking ‘‘high- tem described in section 121, including— Sec. 123. Nondiscrimination. er of—’’ and all that follows through such ‘‘(A) the development of criteria for, and Sec. 124. Administrative provisions. subparagraph and inserting ‘‘poverty line for the issuance of, certifications of one-stop Sec. 125. General program requirements. an equivalent period;’’; and centers; TITLE II—ADULT EDUCATION (B) by redesignating subparagraphs (D) ‘‘(B) the criteria for the allocation of one- PART A—ADULT BASIC SKILLS AND FAMILY through (F) as subparagraph (E) through (G), stop center infrastructure funding under sec- LITERACY EDUCATION respectively, and inserting after subpara- tion 121(h), and oversight of the use of such graph (C) the following: funds; Sec. 201. Table of contents. ‘‘(D) receives or is eligible to receive free ‘‘(C) approaches to facilitating equitable Sec. 202. Amendment. or reduced price lunch;’’; and and efficient cost allocation in one-stop de- PART B—NATIONAL INSTITUTE FOR LITERACY (6) by striking paragraph (33) and redesig- livery systems; and Sec. 211. Short title; purpose. nating paragraphs (34) through (53) as para- ‘‘(D) such other matters that may promote Sec. 212. Establishment. graphs (32) through (51), respectively. statewide objectives for, and enhance the

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2004 CONGRESSIONAL RECORD — SENATE S7845 performance of, one-stop delivery systems and the Governor determines that such local SEC. 108. ESTABLISHMENT OF ONE-STOP DELIV- within the State;’’; area did not perform successfully during ERY SYSTEMS. (2) in paragraph (4), by inserting ‘‘and the such period.’’. (a) ONE-STOP PARTNERS.— development of State criteria relating to the (b) REGIONAL PLANNING.—Section 116(c)(1) (1) REQUIRED PARTNERS.—Section 121(b)(1) appointment and certification of local (29 U.S.C. 2831(c)(1)) is amended by adding at (29 U.S.C. 2841(b)(1)) is amended— boards under section 117’’ after ‘‘section 116’’; the end the following: ‘‘The State may re- (A) in subparagraph (B)— (3) in paragraph (5), by striking ‘‘sections quire the local boards for the designated re- (i) by striking clauses (ii) and (v) 128(b)(3)(B) and 133(b)(3)(B)’’ and inserting gion to prepare a single regional plan that (ii) by redesignating clauses (iii) and (iv) as ‘‘sections 128(b)(3) and 133(b)(3)’’; and incorporates the elements of the local plan clauses (ii) and (iii), respectively, and by re- (4) in paragraph (9), by striking ‘‘section under section 118 and that is submitted and designating clauses (vi) through (xii) as 503’’ and inserting ‘‘section 136(i)’’. approved in lieu of separate local plans under clauses (iv) through (x), respectively; (c) ELIMINATION OF ALTERNATIVE ENTITY such section.’’. (iii) in clause (ix) (as so redesignated), by AND PROVISION OF AUTHORITY TO HIRE SEC. 106. LOCAL WORKFORCE INVESTMENT striking ‘‘and’’; STAFF.—Section 111(e) (29 U.S.C. 2821(e)) is BOARDS. (iv) in clause (x) (as so redesignated), by amended to read as follows: (a) COMPOSITION.—Section 117(b)(2)(A) (29 striking the period and inserting ‘‘; and’’; ‘‘(e) AUTHORITY TO HIRE STAFF.—The State U.S.C. 2832(b)(2)(A)) is amended— and board may hire staff to assist in carrying out (1) in clause (i)(II), by inserting ‘‘, busi- (v) by inserting after clause (x)(as so redes- the functions described in subsection (d).’’. nesses that are in the leading industries in ignated) the following: SEC. 104. STATE PLAN. the local area, and large and small busi- ‘‘(xi) programs authorized under part A of (a) PLANNING CYCLE.—Section 112(a) (29 nesses in the local area’’ after ‘‘local area’’; title IV of the Social Security Act (42 U.S.C. U.S.C. 2822(a)) is amended by striking ‘‘5- (2) by amending clause (ii) to read as fol- 601 et. seq.), subject to subparagraph (C).’’; year strategy’’ and inserting ‘‘2-year strat- lows: and egy’’. ‘‘(ii) superintendents of the local secondary (B) by adding after subparagraph (B) the (b) CONTENTS.—Section 112(b)(17)(A) (29 school systems, administrators of entities following: U.S.C. 2822(b)(17)(A)) is amended— providing adult education and literacy ac- ‘‘(C) DETERMINATION BY THE GOVERNOR.— (1) in clause (iii) by striking ‘‘and’’; tivities, and the presidents or chief executive The program referred to in clauses (xi) of (2) by amending clause (iv) to read as fol- officers of postsecondary educational insti- subparagraph (B) shall be included as a re- lows: tutions (including community colleges, quired partner for purposes of this title in a ‘‘(iv) how the State will serve the employ- where such entities exist);’’; State unless the Governor of the State noti- ment and training needs of dislocated work- (3) in clause (iv), by striking the semicolon fies the Secretary and the Secretary of ers (including displaced homemakers and and inserting ‘‘and faith-based organizations; Health and Human Services in writing of a formerly self-employed and transitioning and’’; and determination by the Governor not to in- farmers, ranchers, and fisherman) low in- (4) by striking clause (vi). clude such programs as required partners for come individuals (including recipients of (b) AUTHORITY OF BOARD MEMBERS.—Sec- purposes of this title in the State.’’. public assistance), homeless individuals, ex- tion 117(b)(3) (29 U.S.C. 2832(b) is amended— (2) ADDITIONAL PARTNERS.—Section offenders, individuals training for nontradi- (1) in the heading, by inserting ‘‘AND REP- 121(b)(2)(B) (29 U.S.C. 2841(b)(2)(B)) is amend- tional employment, and other individuals RESENTATION’’ after ‘‘MEMBERS’’; and ed— with multiple barriers to employment (in- (2) by adding at the end the following: (A) by striking clause (i) and redesignating cluding older individuals);’’; and ‘‘The members of the board shall represent clauses (ii) through (v) as clauses (i) through (3) by adding the following new clause after diverse geographic sections within the local (iv) respectively; clause (iv): area.’’. (B) in clause (iii) (as so redesignated) by (c) FUNCTIONS.—Section 117(d) (29 U.S.C. ‘‘(v) how the State will serve the employ- striking ‘‘and’’ at the end; 2832(d)) is amended— ment and training needs of individuals with (C) in clause (iv) (as so redesignated) by (1) in paragraph (2)(B), by striking ‘‘local disabilities, consistent with section 188 and striking the period and inserting a semi- area’’ and all that follows and inserting Executive Order 13217 (relating to commu- colon; and ‘‘local area.’’; and nity-based alternatives for individuals with (D) by adding at the end the following new (2) in paragraph (4) by inserting ‘‘and en- disabilities) including the provision of out- clauses: sure the appropriate use and management of reach, intake, assessments, and service de- ‘‘(v) employment and training programs the funds provided under this title for such livery, the development of performance administered by the Social Security Admin- programs, activities, and system’’ after measures, and the training of staff; and’’. istration, including the Ticket to Work pro- ‘‘area’’. (c) MODIFICATION TO PLAN.—Section 112(d) gram (established by Public Law 106–170); (d) AUTHORITY TO ESTABLISH COUNCILS AND (29 U.S.C. 2822(d)) is amended by striking ‘‘5- ‘‘(vi) programs under part D of title IV of ELIMINATION OF REQUIREMENT FOR YOUTH year period’’ and inserting ‘‘2-year period’’. the Social Security Act (42 U.S.C. 451 et seq.) COUNCILS.—Section 117(h) (29 U.S.C. 2832(h)) SEC. 105. LOCAL WORKFORCE INVESTMENT is amended to read as follows: (relating to child support enforcement); and AREAS. ‘‘(h) ESTABLISHMENT OF COUNCILS.—The ‘‘(vii) programs carried out in the local (a) DESIGNATION OF AREAS.— local board may establish councils to provide area for individuals with disabilities, includ- (1) CONSIDERATIONS.—Section 116(a)(1)(B) information and advice to assist the local ing programs carried out by State agencies (29 U.S.C. 2831(a)(1)(B)) is amended by adding board in carrying out activities under this relating to mental health, mental retarda- at the end the following clause: title. Such councils may include a council tion, and developmental disabilities, State ‘‘(vi) The extent to which such local areas composed of one-stop partners to advise the Medicaid agencies, State Independent Living will promote efficiency in the administra- local board on the operation of the one-stop Councils, and Independent Living Centers.’’. tion and provision of services.’’. delivery system, a youth council composed (b) PROVISION OF SERVICES.—Subtitle B of (2) AUTOMATIC DESIGNATION.—Section of experts and stakeholders in youth pro- title I is amended— 116(a)(2) (29 U.S.C. 2831(a)(2)) is amended to grams to advise the local board on activities (1) by striking subsection (e) of section 121; read as follows: for youth, and such other councils as the (2) by moving subsection (c) of section 134 ‘‘(2) AUTOMATIC DESIGNATION.— local board determines are appropriate.’’. from section 134, redesignating such sub- ‘‘(A) IN GENERAL.—Except as provided in (e) REPEAL OF ALTERNATIVE ENTITY PROVI- section as subsection (e), and inserting such subparagraph (B) of this paragraph and sub- SION.—Section 117 (29 U.S.C. 2832) is further subsection (as so redesignated) after sub- section (b), the Governor shall approve a re- amended by striking subsection (i). section (d) of section 121; and quest for designation as a local area from— SEC. 107. LOCAL PLAN. (3) by amending subsection (e) (as moved ‘‘(i) any unit of general local government (a) PLANNING CYCLE.—Section 118(a) (29 and redesignated by paragraph (2))— with a population of 500,000 or more; and U.S.C. 2833(a)) is amended by striking ‘‘5- (A) in paragraph (1)(A), by striking ‘‘sub- ‘‘(ii) an area served by a rural concentrated year’’ and inserting ‘‘2-year’’. section (d)(2)’’ and inserting ‘‘section employment program grant recipient that (b) CONTENTS.—Section 118(b) (29 U.S.C. 134(c)(2)’’; served as a service delivery area or substate 2833(b)) is amended— (B) in paragraph (1)(B)— area under the Job training Partnership Act (1) by amending paragraph (2) to read as (i) by striking ‘‘subsection (d)’’ and insert- (29 U.S.C. 1501 et seq.), follows: ing ‘‘section 134(c)’’; and for the 2-year period covered by a State plan ‘‘(2) a description of the one-stop delivery (ii) by striking ‘‘subsection (d)(4)(G)’’ and under section 112 if such request is made not system to be established or designated in the inserting ‘‘section 134(c)(4)(G)’’; later than the date of the submission of the local area, including a description of how the (C) in paragraph (1)(C), by striking ‘‘sub- State plan. local board will ensure the continuous im- section (e)’’ and inserting ‘‘section 134(d)’’; ‘‘(B) CONTINUED DESIGNATION BASED ON PER- provement of eligible providers of services (D) in paragraph (1)(D)— FORMANCE.—The Governor may deny a re- through the system and ensure that such (i) by striking ‘‘section 121(b)’’ and insert- quest for designation submitted pursuant to providers meets the employment needs of ing ‘‘subsection (b)’’; and subparagraph (A) if such unit of government local employers and participants.’’; and (ii) by striking ‘‘and’’ at the end; and was designated as a local area for the pre- (2) in paragraph (4), by striking ‘‘and dis- (E) by amending paragraph (1)(E) to read ceding 2-year period covered by a State plan located worker’’. as follows:

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7846 CONGRESSIONAL RECORD — SENATE July 8, 2004 ‘‘(E) shall provide access to the informa- served by such centers, and the performance may be disclosed without the prior written tion described in section 15(e) of the Wagner- of such centers. consent of the parent or eligible student in Peyser Act (29 U.S.C. 49l–2(e)).’’. ‘‘(4) COSTS OF INFRASTRUCTURE.—For pur- compliance with section 444 of the General (c) CERTIFICATION AND FUNDING OF ONE- poses of this subsection, the term ‘costs of Education Provisions Act (20 U.S.C. 1232g). STOP CENTERS.—Section 121 (as amended by infrastructure’ means the nonpersonnel costs ‘‘(c) PROCEDURES.—The procedures estab- subsection (b)) is further amended by adding that are necessary for the general operation lished under subsection (a) shall identify the at the end the following new subsections: of a one-stop center, including the rental application process for a provider of training ‘‘(g) CERTIFICATION OF ONE-STOP CEN- costs of the facilities, the costs of utilities services to become eligible to receive funds TERS.— and maintenance, equipment (including under section 133(b), and identify the respec- ‘‘(1) IN GENERAL.—The State board shall es- adaptive technology for individuals with dis- tive roles of the State and local areas in re- tablish procedures and criteria for periodi- abilities), strategic planning activities for ceiving and reviewing applications and in cally certifying one-stop center for the pur- the center, and common outreach activities. making determinations of eligibility based pose of awarding the one-stop infrastructure ‘‘(i) OTHER FUNDS.— on the criteria established under this sec- funding described in subsection (h). ‘‘(1) IN GENERAL.—In addition to the funds tion. The procedures shall also establish a ‘‘(2) CRITERIA.—The criteria for certifi- provided to carry out subsection (h), a por- process for a provider of training services to cation under this subsection shall include tion of funds made available under Federal appeal a denial or termination of eligibility minimum standards relating to the scope law authorizing the one-stop partner pro- under this section that includes an oppor- and degree of service integration achieved by grams described in subsection (b)(1)(B) and tunity for a hearing and prescribes appro- the centers involving the programs provided participating partner programs described in priate time limits to ensure prompt resolu- by the one-stop partners, and how the cen- subsection (b)(2)(B), or the noncash resources tion of the appeal. ters ensure that such providers meet the em- available under such programs shall be used ‘‘(d) INFORMATION TO ASSIST PARTICIPANTS ployment needs of local employers and par- to pay the costs relating to the operation of IN CHOOSING PROVIDERS.—In order to facili- ticipants. the one-stop delivery system that are not tate and assist participants under chapter 5 ‘‘(3) EFFECT OF CERTIFICATION.—One-stop paid for from the funds provided under sub- in choosing providers of training services, centers certified under this subsection shall section (h), to the extent not inconsistent the Governor shall ensure that an appro- be eligible to receive the infrastructure with the Federal law involved including— priate list or lists of providers determined el- grants authorized under subsection (h). ‘‘(A) infrastructure costs that are in excess igible under this section in the State, accom- ‘‘(h) ONE-STOP INFRASTRUCTURE FUNDING.— of the funds provided under subsection (h); panied by such information as the Governor ‘‘(1) PARTNER CONTRIBUTIONS.— ‘‘(B) common costs that are in addition to determines is appropriate, is provided to the ‘‘(A) PROVISION OF FUNDS.—Notwith- the costs of infrastructure; and local boards in the State to be made avail- standing any other provision of law, as de- ‘‘(C) the costs of the provision of core serv- able to such participants and to members of termined under subparagraph (B), a portion ices applicable to each program. the public through the one-stop delivery sys- of the Federal funds provided to the State ‘‘(2) DETERMINATION AND GUIDANCE.—The tem in the State. and areas within the State under the Federal method for determining the appropriate por- ‘‘(e) AGREEMENTS WITH OTHER STATES.— laws authorizing the one-stop partner pro- tion of funds to be provided by each program States may enter into agreements, on a re- grams described in subsection (b)(1)(B) and under paragraph (1) shall be determined as ciprocal basis, to permit eligible providers of participating additional partner programs part of the memorandum of understanding training services to accept individual train- described in (b)(2)(B) for a fiscal year shall be under subsection (c). The State board shall ing accounts provided in another State. provided to the Governor by such programs provide guidance to facilitate the determina- ‘‘(f) RECOMMENDATIONS.—In developing the to carry out this subsection. tion of appropriate funding allocation in criteria, procedures, and information re- ‘‘(B) DETERMINATION OF GOVERNOR.—Sub- local areas.’’. quired under this section, the Governor shall ject to subparagraph (C), the Governor, in SEC. 109. ELIGIBLE PROVIDERS OF TRAINING solicit and take into consideration the rec- consultation with the State board, shall de- SERVICES. ommendations of local boards and providers termine the portion of funds to be provided Section 122 (29 U.S.C. 2842) is amended to of training services within the State. under subparagraph (A) by each one-stop read as follows: ‘‘(g) OPPORTUNITY TO SUBMIT COMMENTS.— During the development of the criteria, pro- partner and in making such determination ‘‘SEC. 122. IDENTIFICATION OF ELIGIBLE PRO- shall consider the proportionate use of the VIDERS OF TRAINING SERVICES. cedures, and information required under this section, the Governor shall provide an oppor- one-stop centers by each partner, the costs ‘‘(a) IN GENERAL.—The Governor shall es- of administration for purposes not related to tablish criteria and procedures regarding the tunity for interested members of the public, one-stop centers for each partner, and other eligibility of providers of training services including representatives of business and relevant factors described in paragraph (3). described in section 134(c)(4) to receive funds labor organizations, to submit comments re- garding such criteria, procedures, and infor- ‘‘(C) LIMITATIONS.— provided under section 133(b) for the provi- mation.’’. ‘‘(i) PROVISION FROM ADMINISTRATIVE sion of such training services. FUNDS.—The funds provided under this para- ‘‘(b) CRITERIA.— SEC. 110. ELIGIBLE PROVIDERS OF YOUTH AC- TIVITIES. graph by each one-stop partner shall be pro- ‘‘(1) IN GENERAL.—The criteria established vided only from funds available for the costs pursuant to subsection (a) shall take into ac- Section 123 (29 U.S.C. 2843) is amended to of administration under the program admin- count the performance of providers of train- read as follows: istered by such partner, and shall be subject ing services with respect to the indicators ‘‘SEC. 123. ELIGIBLE PROVIDERS OF YOUTH AC- to the limitations with respect to the por- described in section 136 or other appropriate TIVITIES. tion of funds under such programs that may indicators (taking into consideration the ‘‘(a) IN GENERAL.—From the funds allo- be used for administration. characteristics of the population served and cated under section 128(b) to a local area, the ‘‘(ii) FEDERAL DIRECT SPENDING PRO- relevant economic conditions), and such local board for such area shall award grants GRAMS.—Programs that are Federal direct other factors as the Governor determines are or contracts on a competitive basis to pro- spending under section 250(c)(8) of the Bal- appropriate to ensure the quality of services, viders of youth activities identified based on anced Budget and Emergency Deficit Control the accountability of providers, how the cen- the criteria in the State plan and shall con- Act of 1985 (2 U.S.C. 900(c)(8)) shall not, for ters ensure that such providers meet the duct oversight with respect to such pro- purposes of this paragraph, be required to needs of local employers and participants, viders. provide an amount in excess of the amount and the informed choice of participants ‘‘(b) EXCEPTIONS.—A local board may determined to be equivalent to the propor- under chapter 5. Such criteria shall require award grants or contracts on a sole-source tionate use of the one-stop centers by such that the provider submit appropriate, accu- basis if such board determines there are an programs in the State. rate and timely information to the State for insufficient number of eligible providers of ‘‘(2) ALLOCATION BY GOVERNOR.—From the purposes of carrying out subsection (d). The training services in the local area involved funds provided under paragraph (1), the Gov- criteria shall also provide for periodic review (such as rural areas) for grants to be awarded ernor shall allocate funds to local areas in and renewal of eligibility under this section on a competitive basis under subsection accordance with the formula established for providers of training services. The Gov- (a).’’. under paragraph (3) for the purposes of as- ernor may authorize local areas in the State SEC. 111. YOUTH ACTIVITIES. sisting in paying the costs of the infrastruc- to establish additional criteria or to modify (a) STATE ALLOTMENTS.— ture of One-Stop centers certified under sub- the criteria established by the Governor (1) IN GENERAL.—Section 127(a) (29 U.S.C. section (g). under this section for purposes of deter- 2852(a)) is amended to read as follows: ‘‘(3) ALLOCATION FORMULA.—The State mining the eligibility of providers of train- ‘‘(a) ALLOTMENT AMONG STATES.— board shall develop a formula to be used by ing services to provide such services in the ‘‘(1) YOUTH ACTIVITIES.— the Governor to allocate the funds described local area. ‘‘(A) YOUTH CHALLENGE GRANTS.— in paragraph (1). The formula shall include ‘‘(2) LIMITATION.—In carrying out the re- ‘‘(i) RESERVATION OF FUNDS.—Of the such factors as the State board determines quirements of this subsection, no personally amount appropriated under section 137(a) for are appropriate, which may include factors identifiable information regarding a student, each fiscal year, the Secretary shall reserve such as the number of centers in the local including Social Security number, student 25 percent to provide youth challenge grants area that have been certified, the population identification number, or other identifier, under section 169.

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‘‘(ii) LIMITATION.—Notwithstanding clause that is received by the State involved for fis- uals in the civilian labor force who are ages (i), if the amount appropriated under section cal year 2003. 16–19 in each local area, compared to the 137(a) for a fiscal year exceeds $1,000,000,000, ‘‘(B) DISADVANTAGED YOUTH.—The term total number of individuals in the civilian the Secretary shall reserve $250,000,000 to ‘disadvantaged youth’ means an individual labor force who are ages 16–19 in all local provide youth challenge grants under section who is age 16 through 21 who received an in- areas in the State; 169. come, or is a member of a family that re- ‘‘(ii) 33 and 1⁄3 percent shall be allotted on ‘‘(B) OUTLYING AREAS AND NATIVE AMERI- ceived a total family income, that, in rela- the basis of the relative number of unem- CANS.—After determining the amount to be tion to family size, does not exceed the pov- ployed individuals in each local area, com- reserved under subparagraph (A), of the re- erty line. pared to the total number of unemployed in- mainder of the amount appropriated under ‘‘(3) SPECIAL RULE.—For purposes of the dividuals in all local areas in the State; and section 137(a) for each fiscal year the Sec- formulas specified in paragraph (1)(C), the ‘‘(iii) 33 and 1⁄3 percent on the basis of the retary shall— Secretary shall, as appropriate and to the ex- relative number of disadvantaged youth who tent practicable, exclude college students are ages 16 through 21 in each local area, ‘‘(i) reserve not more than 1⁄4 of one percent of such amount to provide assistance to the and members of the Armed Forces from the compared to the total number of disadvan- outlying areas to carry out youth activities determination of the number of disadvan- taged youth who are ages 16 through 21 in all and statewide workforce investment activi- taged youth. local areas in the State. ties; and (2) REALLOTMENT.—Section 127 (29 U.S.C. ‘‘(B) MINIMUM AND MAXIMUM PERCENT- 2552) is further amended— AGES.—The Governor shall ensure that no ‘‘(ii) reserve not more than 1 and 1⁄2 percent (A) by striking subsection (b); local area shall receive an allocation for a of such amount to provide youth activities (B) by redesignating subsection (c) as sub- fiscal year under this paragraph that is less under section 166 (relating to Native Ameri- section (b); than 90 percent or greater than 130 percent of cans). (C) in subsection (b) (as so redesignated) the allocation percentage of the local area ‘‘(C) STATES.— (i) by amending paragraph (2) to read as for the preceding fiscal year. ‘‘(i) IN GENERAL.—Of the remainder of the follows: ‘‘(C) DEFINITIONS.— amount appropriated under section 137(a) for ‘‘(2) AMOUNT.—The amount available for ‘‘(i) ALLOCATION PERCENTAGE.—For pur- a fiscal year that is available after deter- reallotment for a program year is equal to poses of this paragraph, the term ‘allocation mining the amounts to be reserved under the amount by which the unexpended bal- percentage’, used with respect to fiscal year subparagraphs (A) and (B), the Secretary ance, excluding accrued expenditures, at the 2004 or a subsequent fiscal year, means a per- shall allot— end of such program year of the total centage of amount described in para- ‘‘(I) the amount of the remainder that is amount of funds available to the State under graph(1)(A) that is received through an allo- less than or equal to the total amount that this section during such program year (in- cation made under this paragraph for the fis- was allotted to States for fiscal year 2003 cluding amounts allotted to the State in cal year. The term, with respect to fiscal under section 127(b)(1)(C) of this Act (as in prior program years that remain available year 2003, means the percentage of the effect on the day before the date of enact- during the program year for which the deter- amounts allocated to local areas under this ment of the Workforce Reinvestment and mination is made) exceeds 30 percent of such chapter (as in effect on the day before the Adult Education Act of 2003) in accordance total amount.’’; date of enactment of the Workforce Invest- with the requirements of such section (ii) in paragraph (3)— ment Act Amendments of 2003) that is re- 127(b)(1)(C); and (I) by striking ‘‘for the prior program ceived by the local area involved for fiscal ‘‘(II) the amount of the remainder, if any, year’’ and inserting ‘‘for the program year in year 2003. in excess of the amount referred to in sub- which the determination is made’’; and ‘‘(ii) DISADVANTAGED YOUTH.—The term clause (I) in accordance with clause (ii). (II) by striking ‘‘such prior program year’’ ‘disadvantaged youth’ means an individual ‘‘(ii) FORMULAS FOR EXCESS FUNDS.—Subject and inserting ‘‘such program year’’; who is age 16 through 21 who received an in- to clauses (iii) and (iv), of the amounts de- (iii) by amending paragraph (4) to read as come, or is a member of a family that re- scribed in clause (i)(II)— follows: ceived a total family income, that, in rela- 1 ‘‘(I) 33 and ⁄3 percent shall be allotted on ‘‘(4) ELIGIBILITY.—For purposes of this sub- tion to family size, does not exceed the pov- the basis of the relative number of individ- section, an eligible State means a State erty line. uals in the civilian labor force who are ages which does not have an amount available for ‘‘(3) YOUTH DISCRETIONARY ALLOCATION.— 16–19 in each State, compared to the total reallotment under paragraph (2) for the pro- The Governor shall allocate to local areas number of individuals in the civilian labor gram year for which the determination the amounts described in paragraph (1)(B) in force who are ages 16–19 in all States; under paragraph (2) is made.’’. accordance with such demographic and eco- 1 ‘‘(II) 33 and ⁄3 percent shall be allotted on (b) WITHIN STATE ALLOCATIONS.— nomic factors as the Governor, after con- the basis of the relative number of unem- (1) RESERVATION FOR STATEWIDE ACTIVI- sultation with the State board and local ployed individuals in each State, compared TIES.—Section 128(a) is amended to read as boards, determines are appropriate. to the total number of unemployed individ- follows: ‘‘(4) LOCAL ADMINISTRATIVE COST LIMIT.— uals in all States; and ‘‘(a) RESERVATION FOR STATEWIDE ACTIVI- ‘‘(A) IN GENERAL.—Of the amounts allo- ‘‘(III) 33 and 1⁄3 percent shall be allotted on TIES.— cated to a local area under this subsection the basis of the relative number of disadvan- ‘‘(1) IN GENERAL.—The Governor of a State and section 133(b) for a fiscal year, not more taged youth who are ages 16 through 21 in shall reserve not more than 10 percent of the than 10 percent of the amount may be used each State, compared to the total number of amount allotted to the State under section by the local boards for the administrative disadvantaged youth who are ages 16 through 127(a)(1)(C) for a fiscal year for statewide ac- costs of carrying out local workforce invest- 21 in all States. tivities. ment activities under this chapter or chapter ‘‘(iii) MINIMUM AND MAXIMUM PERCENT- ‘‘(2) USE OF FUNDS.—Regardless of whether 5. AGES.—The Secretary shall ensure that no the amounts are allotted under section ‘‘(B) USE OF FUNDS.—Funds made available State shall receive an allotment for a fiscal 127(a)(1)(C) and reserved under paragraph (1) for administrative costs under subparagraph year that is less than 90 percent or greater or allotted under section 132 and reserved (A) may be used for the administrative costs than 130 percent of the allotment percentage under section 133(a), the Governor may use of any of the local workforce investment ac- of that State for the preceding fiscal year. the reserved amounts to carry out statewide tivities described in this chapter or chapter ‘‘(iv) SMALL STATE MINIMUM ALLOTMENT.— youth activities under section 129(b) or 5, regardless of whether the funds were allo- Subject to clause (iii), the Secretary shall statewide employment and training activi- cated under this subsection or section ensure that no State shall receive an allot- ties under section 133.’’. 133(b).’’. ment under this paragraph that is less than (2) WITHIN STATE ALLOCATION.—Section (3) REALLOCATION.—Section 128(c) (29 3⁄10 of 1 percent of the amount available 128(b) is amended to read as follows: U.S.C. 2853(c)) is amended— under subparagraph (A). ‘‘(b) WITHIN STATE ALLOCATION.— (A) in paragraph (1), by striking ‘‘para- ‘‘(2) DEFINITIONS.—For the purposes of ‘‘(1) IN GENERAL.—Of the amounts allotted graph (2)(A) or (3) of’’; paragraph (1), the following definitions to the State under section 127(a)(1)(C) and (B) by amending paragraph (2) to read as apply: not reserved under subsection (a)(1)— follows: ‘‘(A) ALLOTMENT PERCENTAGE.—The term ‘‘(A) 80 percent of such amounts shall be ‘‘(2) AMOUNT.—The amount available for ‘allotment percentage’, used with respect to allocated by the Governor to local areas in reallocation for a program year is equal to fiscal year 2004 or a subsequent fiscal year, accordance with paragraph (2); and the amount by which the unexpended bal- means a percentage of the remainder de- ‘‘(B) 20 percent of such amounts shall be al- ance, excluding accrued expenditures, at the scribed in paragraph (1)(C)(i) that is received located by the Governor to local areas in ac- end of such program year of the total through an allotment made under this sub- cordance with paragraph (3). amount of funds available to the local area section for the fiscal year. The term, with re- ‘‘(2) ESTABLISHED FORMULA.— under this section during such program year spect to fiscal year 2003, means the percent- ‘‘(A) IN GENERAL.—Of the amounts de- (including amounts allotted to the local area age of the amounts allotted to States under scribed in paragraph (1)(A), the Governor in prior program years that remain available this chapter (as in effect on the day before shall allocate— during the program year for which the deter- the date of enactment of the Workforce Re- ‘‘(i) 33 and 1⁄3 percent shall be allotted on mination is made) exceeds 30 percent of such investment and Adult Education Act of 2003) the basis of the relative number of individ- total amount.’’;

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7848 CONGRESSIONAL RECORD — SENATE July 8, 2004 (C) by amending paragraph (3)— evaluations carried out by the Secretary ed in the matter preceding clause (i) by (i) by striking ‘‘subsection (b)(3)’’ each under section 172, research, and demonstra- striking ‘‘or applicant who meets the min- place it appears and inserting ‘‘subsection tion projects; imum income criteria to be considered an el- (b)’’; ‘‘(D) providing incentive grants to local igible youth’’; (ii) by striking ‘‘the prior program year’’ areas for regional cooperation among local (4) PRIORITY AND EXCEPTIONS.—Section and inserting ‘‘the program year in which boards (including local boards in a des- 129(c) (29 U.S.C. 2854(c)) is further amended— the determination is made’’; ignated region as described in section 116(c)), (A) by striking paragraphs (4) and (5); (iii) by striking ‘‘such prior program year’’ for local coordination of activities carried (B) by redesignating paragraph (6) as para- and inserting ‘‘such program year’’; and out under this Act, and for exemplary per- graph (4); (iv) by striking the last sentence; and formance by local areas on the local per- (C) by redesignating paragraph (7) as para- (D) by amending paragraph (4) to read as formance measures; graph (5), and in such redesignated para- follows: ‘‘(E) providing technical assistance and ca- graph (5) by striking ‘‘youth councils’’ and ‘‘(4) ELIGIBILITY.—For purposes of this sub- pacity building to local areas, one-stop oper- inserting ‘‘local boards’’; and section, an eligible local area means a local ators, one-stop partners, and eligible pro- (D) by redesignating paragraph (8) as para- area which does not have an amount avail- viders, including the development and train- graph (6). able for reallocation under paragraph (2) for ing of staff, the development of exemplary SEC. 112. COMPREHENSIVE PROGRAM FOR the program year for which the determina- program activities, and the provision of ADULTS. tion under paragraph (2) is made.’’. technical assistance to local areas that fail (a) TITLE OF CHAPTER 5.— (c) YOUTH PARTICIPANT ELIGIBILITY.—Sec- to meet local performance measures; (1) The title heading of chapter 5 is amend- tion 129(a) (29 U.S.C. 2854(a)) is amended to ‘‘(F) operating a fiscal and management ed to read as follows: read as follows: accountability system under section 136(f); ‘‘(a) YOUTH PARTICIPANT ELIGIBILITY.— and ‘‘CHAPTER 5—COMPREHENSIVE EMPLOY- ‘‘(1) IN GENERAL.—The individuals partici- ‘‘(G) carrying out monitoring and over- MENT AND TRAINING ACTIVITIES FOR pating in activities carried out under this sight of activities under this chapter and ADULTS’’. chapter by a local area during any program chapter 5. (2) CONFORMING AMENDMENT.—Table of con- year shall be individuals who, at the time ‘‘(2) LIMITATION.—Not more than 5 percent tents in section 1(b) is amended by amending the eligibility determination is made, are— of the funds allotted under section 127(b) the item related to the heading for chapter 5 ‘‘(A) not younger than age 16 or older than shall be used by the State for administrative to read as follows: age 24; and activities carried out under this subsection ‘‘CHAPTER 5—COMPREHENSIVE EMPLOYMENT ‘‘(B) one or more of the following: and section 133(a). AND TRAINING ACTIVITIES FOR ADULTS’’. ‘‘(i) school dropouts; ‘‘(3) PROHIBITION.—No funds described in ‘‘(ii) recipients of a secondary school di- this subsection or in section 134(a) may be (b) GENERAL AUTHORIZATION.—Section 131 ploma or the General Equivalency Diploma used to develop or implement education cur- (29 U.S.C. 2861) is amended— (GED) (including recognized alternative ricula for school systems in the State.’’. (1) by striking ‘‘paragraphs (1)(B) and (2)(B) standards for individuals with disabilities) (e) LOCAL ELEMENTS AND REQUIRE- of’’; and who are deficient in basic skills; MENTS.—— (2) by striking ‘‘, and dislocated workers,’’. ‘‘(iii) court-involved youth attending an al- (1) PROGRAM DESIGN.—Section 129(c)(1) (29 (c) STATE ALLOTMENTS.— ternative school; U.S.C. 2854(c) (1)) is amended— (1) IN GENERAL.—Section 132(a) (29 U.S.C. ‘‘(iv) youth in foster care or who have been (A) in the matter preceding subparagraph 2862(a)) is amended to read as follows: in foster care; or (A), by striking ‘‘paragraph (2)(A) or (3), as ‘‘(a) IN GENERAL.—The Secretary shall— ‘‘(v) in school youth who are low-income appropriate, of’’; ‘‘(1) reserve 10 percent of the amount ap- individuals and one or more of the following: (B) in subparagraph (B), by inserting ‘‘are propriated under section 137(b) for a fiscal ‘‘(I) Deficient in literacy skills. directly linked to one or more of the per- year, of which— ‘‘(II) Homeless, runaway, or foster chil- formance outcomes relating to this chapter ‘‘(A) not less than 75 percent shall be used dren. under section 136, and that’’ after ‘‘for each for national dislocated worker grants under ‘‘(III) Pregnant or parents. participant that’’; and section 173; ‘‘(IV) Offenders. (C) in subparagraph (C)— ‘‘(B) not more than 20 percent may be used ‘‘(V) Individuals who require additional as- (i) by redesignating clauses (i) through (iv) for demonstration projects under section 171; sistance to complete an educational pro- as clauses (ii) through (v), respectively; and gram, or to secure and hold employment. (ii) by inserting before clause (ii) (as so re- ‘‘(C) not more than 5 percent may be used ‘‘(2) PRIORITY FOR SCHOOL DROPOUTS.—A designated) the following: to provide technical assistance under section priority in the provision of services under ‘‘(i) activities leading to the attainment of 170; and this chapter shall be given to individuals a secondary school diploma or the General ‘‘(2) make allotments from 90 percent of who are school dropouts. Equivalency Diploma (GED) (including rec- the amount appropriated under section 137(b) ‘‘(3) LIMITATIONS ON ACTIVITIES FOR IN- ognized alternative standards for individuals for a fiscal year in accordance with sub- SCHOOL YOUTH.— with disabilities);’’; section (b).’’. ‘‘(A) PERCENTAGE OF FUNDS.—For any pro- (iii) in clause (ii) (as redesignated by this (2) ALLOTMENT AMONG STATES.—Section gram year, not more than 30 percent of the subparagraph), by inserting ‘‘and advanced 132(b) (29 U.S.C. 2862(b)) is amended to read funds available for statewide activities under training’’ after ‘‘opportunities’’; as follows: subsection (b), and not more than 30 percent (iv) in clause (iii) (as redesignated by this ‘‘(b) ALLOTMENT AMONG STATES FOR ADULT of funds available to local areas under sub- subparagraph), by inserting ‘‘that lead to the EMPLOYMENT AND TRAINING ACTIVITIES.— section (c), may be used to provide activities attainment of recognized credentials’’ after ‘‘(1) RESERVATION FOR OUTLYING AREAS.— for in-school youth meeting the require- ‘‘learning’’; and From the amount made available under sub- ments of paragraph (1)(B)(v). (v) by amending clause (v) (as redesignated section (a)(2) for a fiscal year, the Secretary 1 ‘‘(B) NON-SCHOOL HOURS REQUIRED.—Activi- by this subparagraph) to read as follows: shall reserve not more than ⁄4 of 1 percent to ties carried out under this chapter for in- ‘‘(v) effective connections to employers in provide assistance to outlying areas to carry school youth meeting the requirements of sectors of the local labor market experi- out employment and training activities for paragraph (1)(B)(v) shall only be carried out encing high growth in employment opportu- adults and statewide workforce investment in non-school hours or periods when school is nities.’’. activities. not in session (such as before and after (2) PROGRAM ELEMENTS.—Section 129(c)(2) ‘‘(2) STATES.—Subject to paragraph (5), of school or during summer recess.’’. (29 U.S.C. 2854(c)(2)) is amended— the remainder of the amount referred to (d) STATEWIDE YOUTH ACTIVITIES.—Section (A) in subparagraph (A), by striking ‘‘sec- under subsection (a)(2) for a fiscal year that 129(b) (29 U.S.C. 2854(b)) is amended to read ondary school, including dropout prevention is available after determining the amount to as follows: strategies’’ and inserting ‘‘secondary school be reserved under paragraph (1), the Sec- ‘‘(b) STATEWIDE ACTIVITIES.— diploma or the General Equivalency Diploma retary shall allot to the States for employ- ‘‘(1) IN GENERAL.—Funds reserved by a Gov- (GED) (including recognized alternative ment and training activities for adults and ernor for a State as described in sections standards for individuals with disabilities), for statewide workforce investment activi- 128(a) and 133(a)(1) may be used for statewide including dropout prevention strategies’’; ties— activities including— (B) in subparagraph (I), by striking ‘‘and’’ ‘‘(A) 26 percent in accordance with para- ‘‘(A) additional assistance to local areas at the end; graph (3); and that have high concentrations of eligible (C) in subparagraph (J), by striking the pe- ‘‘(B) 74 percent in accordance with para- youth; riod at the end and inserting a semicolon; graph (4). ‘‘(B) supporting the provision of core serv- and ‘‘(3) BASE FORMULA.— ices described in section 134(c)(2) in the one- (D) by adding at the end the following: ‘‘(A) FISCAL YEAR 2004.— stop delivery system; ‘‘(K) on-the-job training opportunities; and ‘‘(i) IN GENERAL.—Subject to clause (ii), the ‘‘(C) conducting evaluations under section ‘‘(L) financial literacy skills.’’. amount referred to in paragraph (2)(A) shall 136(e) of activities authorized under this (3) ADDITIONAL REQUIREMENTS.—Section be allotted for fiscal year 2004 on the basis of chapter and chapter 5 in coordination with 129(c)(3)(A) (29 U.S.C. 2854(c)(3)(A)) is amend- allotment percentage of each State under

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section 6 of the Wagner-Peyser Act for fiscal ‘‘(i) ALLOTMENT PERCENTAGE.—The term scribed in clause (iii)) that were used in al- year 2003. ‘allotment percentage’, used with respect to lotting funds for fiscal year 2003. ‘‘(ii) EXCESS AMOUNTS.—If the amount re- fiscal year 2004 or a subsequent fiscal year, ‘‘(ii) UNCONSOLIDATED FORMULAS.—For pur- ferred to in paragraph (2)(A) for fiscal year means a percentage of the amounts described poses of clause (i), the unconsolidated for- 2004 exceeds the amount that was available in paragraph (2)(B) that is received through mulas are: for allotment to the States under the Wag- an allotment made under this paragraph for ‘‘(I) The requirements for the allotment of ner-Peyser Act for fiscal year 2003, such ex- the fiscal year. The term, with respect to fis- funds to the States contained in section cess amount shall be allotted on the basis of cal year 2003, means the percentage of the 132(b)(1)(B) of this Act (as in effect on the the relative number of individuals in the ci- amounts allotted to States under this chap- day before the date of enactment of the vilian labor force in each State, compared to ter (as in effect on the day before the date of Workforce Reinvestment and Adult Edu- the total number of individuals in the civil- enactment of the Workforce Reinvestment cation Act of 2003) that were applicable to ian labor force in all States, adjusted to en- and Adult Education Act of 2003) and under the allotment of funds under such section for sure that no State receives less than 3⁄10 of reemployment service grants received by the fiscal year 2003. one percent of such excess amount. State involved for fiscal year 2003. ‘‘(II) The requirements for the allotment of ‘‘(iii) DEFINITION.—For purposes of this ‘‘(ii) DISADVANTAGED ADULT.—The term funds to the States contained in section subparagraph, the term ‘allotment percent- ‘disadvantaged adult’ means an individual 132(b)(2)(B) of this Act (as in effect on the age’ means the percentage of the amounts al- who is age 22 through 72 who received an in- day before the date of enactment of the lotted to States under section 6 of the Wag- come, or is a member of a family that re- Workforce Reinvestment and Adult Edu- ner-Peyser Act that is received by the State cation Act of 2003) that were applicable to ceived a total family income, that, in rela- involved for fiscal year 2003. the allotment of funds under such section for tion to family size, does not exceed the pov- ‘‘(B) FISCAL YEARS 2005 AND THEREAFTER.— fiscal year 2003. erty line. ‘‘(i) IN GENERAL.—Subject to clause(ii), the ‘‘(III) The requirements for the allotment ‘‘(iii) EXCESS NUMBER.—The term ‘excess amount referred to in paragraph(2)(A) shall of funds to the States that were contained in number’ means, used with respect to the ex- be allotted for fiscal year 2005 and each fiscal section 6 of the Wagner-Peyser Act (as in ef- cess number of unemployed individuals with- year thereafter on the basis of the allotment fect on the day before the date of enactment in a State, the number that represents the percentage of each State under this para- of the Workforce Reinvestment and Adult graph for the preceding fiscal year. number of unemployed individuals in excess Education Act of 2003) that were applicable of 4 and 1⁄2 percent of the civilian labor force ‘‘(ii) EXCESS AMOUNTS.—If the amount re- to the allotment of funds under such Act for ferred to in paragraph (2)(A) for fiscal year in the State. fiscal year 2003. 2005 or any fiscal year thereafter exceeds the ‘‘(5) ADJUSTMENTS IN ALLOTMENTS BASED ON ‘‘(IV) The requirements for the allotment amount that was available for allotment DIFFERENCES WITH UNCONSOLIDATED FOR- of funds to the States that were established under this paragraph for the prior fiscal MULAS.— by the Secretary for Reemployment Services year, such excess amount shall be allotted on ‘‘(A) IN GENERAL.—The Secretary shall en- Grants that were applicable to the allotment the basis of the relative number of individ- sure that for any fiscal year no State has an of funds for such grants for fiscal year 2003. uals in the civilian labor force in each State, allotment difference, as defined in subpara- ‘‘(iii) PROPORTIONATE APPLICATION OF UN- compared to the total number of individuals graph (C), that is less than zero. The Sec- CONSOLIDATED FORMULAS BASED ON FISCAL in the civilian labor force in all States, ad- retary shall adjust the amounts allotted to YEAR 2003.—In calculating the amount under justed to ensure that no State receives less the States under this subsection in accord- clause (i)(II), each of the unconsolidated for- than 3⁄10 of one percent of such excess ance with subparagraph (B) if necessary to mulas identified in clause (ii) shall be ap- amount. carry out this subparagraph. plied, respectively, only to the proportionate ‘‘(iii) DEFINITION.—For purposes of this ‘‘(B) ADJUSTMENTS IN ALLOTMENTS.— share of the total amount of funds available subparagraph, the term ‘allotment percent- ‘‘(i) REDISTRIBUTION OF EXCESS AMOUNTS.— for allotment under subsection (b)(2) for a age’ means the percentage of the amounts al- ‘‘(I) IN GENERAL.—If necessary to carry out fiscal year that is equal to the proportionate lotted to States under this paragraph in a subparagraph (A), the Secretary shall reduce share to which each of the unconsolidated fiscal year that is received by the State in- the amounts that would be allotted under formulas applied with respect to the total volved for such fiscal year. paragraphs (3) and (4) to States that have an amount of funds allotted to the States under ‘‘(4) CONSOLIDATED FORMULA.— excess allotment difference, as defined in all of the unconsolidated formulas in fiscal ‘‘(A) IN GENERAL.—Subject to subpara- subclause (II), by the amount of such excess, year 2003. graphs (B) and (C), of the amount referred to and use such amounts to increase the allot- ‘‘(iv) RULE OF CONSTRUCTION.—The amounts in paragraph (2)(B)— ments to States that have an allotment dif- used to adjust the allotments to a State ‘‘(i) 60 percent shall be allotted on the ference less than zero. under subparagraph (B) for a fiscal year shall basis of the relative number of unemployed ‘‘(II) EXCESS AMOUNTS.—For purposes of not be included in the calculation of the individuals in each State, compared to the subclause (I), the term ‘excess’ allotment dif- amounts under clause (i) for a subsequent total number of unemployed individuals in ference means an allotment difference for a fiscal year, including the calculation of allo- all States; State that is— cation percentages for a preceding fiscal ‘‘(ii) 25 percent shall be allotted on the ‘‘(aa) in excess of 3 percent of the amount year applicable to paragraphs (3) and (4) and basis of the relative excess number of unem- described in subparagraph (C)(i)(II); or to the unconsolidated formulas described in ployed individuals in each State, compared ‘‘(bb) in excess of a percentage established clause (ii).’’. to the total excess number of unemployed in- by the Secretary that is greater than 3 per- (3) REALLOTMENT.—Section 132(c) (29 U.S.C. dividuals in all States; and cent of the amount described in subpara- 2862(c)) is amended— ‘‘(iii) 15 percent shall be allotted on the graph (C)(i)(II) if the Secretary determines (A) by amending paragraph (2) to read as basis of the relative number of disadvan- that such greater percentage is sufficient to follows: taged adults in each State, compared to the carry out subparagraph (A). ‘‘(2) AMOUNT.—The amount available for total number of disadvantaged adults in all ‘‘(ii) USE OF AMOUNTS AVAILABLE UNDER NA- reallotment for a program year is equal to States. TIONAL RESERVE ACCOUNT.—If the funds avail- the amount by which the unexpended bal- ‘‘(B) MINIMUM AND MAXIMUM PERCENT- able under clause (i) are insufficient to carry ance, excluding accrued expenditures, at the AGES.— out subparagraph (A), the Secretary shall end of such program year of the total ‘‘(i) MINIMUM PERCENTAGE.—The Secretary use funds reserved under section 132(a) in amount of funds available to the State under shall ensure that no State shall receive an such amounts as are necessary to increase this section during such program year (in- allotment under this paragraph for a fiscal the allotments to States to meet the require- cluding amounts allotted to the State in year that is less than 90 percent of the allot- ments of subparagraph (A). Such funds shall prior program years that remain available ment percentage of the State under this be used in the same manner as the States use during the program year for which the deter- paragraph for the preceding fiscal year. the other funds allotted under this sub- mination is made) exceeds 30 percent of such ‘‘(ii) MAXIMUM PERCENTAGE.—Subject to section. total amount.’’; clause (i), the Secretary shall ensure that no ‘‘(C) DEFINITION OF ALLOTMENT DIF- (B) in paragraph (3)— State shall receive an allotment for a fiscal FERENCE.— (i) by striking ‘‘for the prior program year under this paragraph that is more than ‘‘(i) IN GENERAL.—For purposes of this year’’ and inserting ‘‘for the program year in 130 percent of the allotment of the State paragraph, the term ‘allotment difference’ which the determination is made’’; and under this paragraph for the preceding fiscal means the difference between— (ii) by striking ‘‘such prior program year’’ year. ‘‘(I) the total amount a State would re- and inserting ‘‘such program year’’; and ‘‘(C) SMALL STATE MINIMUM ALLOTMENT.— ceive of the amounts available for allotment (C) by amending paragraph (4) to read as Subject to subparagraph (B), the Secretary under subsection (b)(2) for a fiscal year pur- follows: shall ensure that no State shall receive an suant to paragraphs (3) and (4); and ‘‘(4) ELIGIBILITY.—For purposes of this sub- allotment under this paragraph that is less ‘‘(II) the total amount the State would re- section, an eligible State means a State that than 2⁄10 of 1 percent of the amount available ceive of the amounts available for allotment does not have an amount available for real- under subparagraph (A). under subsection (b)(2) for the fiscal year if lotment under paragraph (2) for the program ‘‘(D) DEFINITIONS.—For the purposes of this such amounts were allotted pursuant to the year for which the determination under paragraph: unconsolidated formulas (applied as de- paragraph (2) is made.’’.

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(d) WITHIN STATE ALLOCATIONS.— ‘‘(4) LOCAL ADMINISTRATIVE COST LIMIT.— ‘‘(i) under section 133(a) and not used under (1) RESERVATION FOR STATE ACTIVITIES.— ‘‘(A) IN GENERAL.—Of the amounts allo- subparagraph (A), may be used for statewide Section 133(a) (29 U.S.C. 2863(a)) is amended cated to a local area under this subsection activities described in paragraph (2); and to read as follows: and section 128(b) for a fiscal year, not more ‘‘(ii) under section 133(a) and not used ‘‘(a) RESERVATION FOR STATEWIDE ACTIVI- than 10 percent of the amount may be used under subparagraph (A), and under section TIES.—The Governor of a State may reserve by the local boards for the administrative 128(a) may be used to carry out any of the up to 50 percent of the total amount allotted costs of carrying out local workforce invest- statewide employment and training activi- to the State under section 132 for a fiscal ment activities under this chapter or chapter ties described in paragraph (3).’’. year to carry out the statewide activities de- 4. (B) STATEWIDE RAPID RESPONSE ACTIVI- scribed in section 134(a).’’. ‘‘(B) USE OF FUNDS.—Funds made available TIES.—Section 134(a)(2) (29 U.S.C. 2864(a)(2)) (2) ALLOCATIONS TO LOCAL AREAS.—Section for administrative costs under subparagraph is amended to read as follows: 133(b) (29 U.S.C. 2863(b)) is amended to read (A) may be used for the administrative costs ‘‘(2) STATEWIDE RAPID RESPONSE ACTIVI- as follows: of any of the local workforce investment ac- TIES.—A State shall carry out statewide ‘‘(b) ALLOCATIONS TO LOCAL AREAS.— tivities described in this chapter or chapter rapid response activities using funds re- ‘‘(1) IN GENERAL.—Of the amounts allotted 4, regardless of whether the funds were allo- served as described in section 133(a). Such ac- to the State under section 132(b)(2) and not tivities shall include— reserved under subsection (a)— cated under this subsection or section 128(b).’’. ‘‘(A) provision of rapid response activities, ‘‘(A) 85 percent of such amounts shall be carried out in local areas by the State or by (3) REALLOCATION AMONG LOCAL AREAS.— allocated by the Governor to local areas in an entity designated by the State, working Section 133(c) (29 U.S.C. 2863(c)) is amended— accordance with paragraph (2); and in conjunction with the local boards and the (A) in paragraph (1), by striking ‘‘para- ‘‘(B) 15 percent of such amounts shall be al- chief elected officials in the local areas; and graph (2)(A) or (3) of’’; located by the Governor to local areas in ac- ‘‘(B) provision of additional assistance to (B) by amending paragraph (2) to read as cordance with paragraph (3). local areas that experience disasters, mass follows: ‘‘(2) ESTABLISHED FORMULA.— layoffs or plant closings, or other events ‘‘(A) IN GENERAL.—Of the amounts de- ‘‘(2) AMOUNT.—The amount available for that precipitate substantial increases in the scribed in paragraph (1)(A), the Governor reallocation for a program year is equal to number of unemployed individuals, carried shall allocate— the amount by which the unexpended bal- out in local areas by the State, working in ‘‘(i) 60 percent on the basis of the relative ance, excluding accrued expenditures, at the conjunction with the local boards and the number of unemployed individuals in each end of such program year of the total chief elected officials in the local areas.’’. local area, compared to the total number of amount of funds available to the local area (C) STATEWIDE EMPLOYMENT AND TRAINING unemployed individuals in all local areas in under this section during such program year ACTIVITIES.—Section 134(a)(3) (29 U.S.C. the State; (including amounts allotted to the local area 2864(a)(3)) is amended to read as follows: ‘‘(ii) 25 percent on the basis of the relative in prior program years that remain available ‘‘(3) STATEWIDE ACTIVITIES.—Funds re- excess number of unemployed individuals in during the program year for which the deter- served by a Governor for a State as described each local area, compared to the total excess mination is made) exceeds 30 percent of such in sections 133(a) and 128(a) may be used for number of unemployed individuals in all total amount.’’; statewide activities including— local areas in the State; and (C) by amending paragraph (3)— ‘‘(A) supporting the provision of core serv- ‘‘(iii) 15 percent shall be allotted on the (i) by striking ‘‘subsection (b)(3)’’ each ices described in section 134(c)(2) in the one- basis of the relative number of disadvan- place it appears and inserting ‘‘subsection stop delivery system; taged adults in each local area, compared to (b)’’; ‘‘(B) conducting evaluations under section the total number of disadvantaged adults in (ii) by striking ‘‘the prior program year’’ 136(e) of activities authorized under this all local areas in the State. and inserting ‘‘the program year in which chapter and chapter 4 in coordination with ‘‘(B) MINIMUM AND MAXIMUM PERCENT- the determination is made’’; evaluations carried out by the Secretary AGES.—The Governor shall ensure that no (iii) by striking ‘‘such prior program year’’ under section 172, research, and demonstra- local area shall receive an allocation for a and inserting ‘‘such program year’’; and tion projects; fiscal year under this paragraph that is less (iv) by striking the last sentence; and ‘‘(C) providing incentive grants to local than 90 percent or greater than 130 percent of (D) by amending paragraph (4) to read as areas for regional cooperation among local the allocation percentage of the local area follows: boards (including local boards in a des- for the preceding fiscal year. ‘‘(4) ELIGIBILITY.—For purposes of this sub- ignated region as described in section 116(c)), ‘‘(C) DEFINITIONS.— section, an eligible local area means a local for local coordination of activities carried ‘‘(i) ALLOCATION PERCENTAGE.—The term area which does not have an amount avail- out under this Act, and for exemplary per- ‘allocation percentage’, used with respect to able for reallocation under paragraph (2) for formance by local areas on the local per- fiscal year 2004 or a subsequent fiscal year, the program year for which the determina- formance measures; means a percentage of amount described in tion under paragraph (2) is made.’’. ‘‘(D) providing technical assistance and ca- paragraph (1)(A) that is received through an pacity building to local areas, one-stop oper- allocation made under this paragraph for the (e) USE OF FUNDS FOR EMPLOYMENT AND ators, one-stop partners, and eligible pro- fiscal year. The term, with respect to fiscal TRAINING ACTIVITIES.— viders, including the development and train- year 2003, means the percentage of the (1) STATEWIDE EMPLOYMENT AND TRAINING ing of staff, the development of exemplary amounts allocated to local areas under this ACTIVITIES.— program activities, and the provision of chapter (as in effect on the day before the (A) IN GENERAL.—Section 134(a)(1) (29 technical assistance to local areas that fail date of enactment of the Workforce Rein- U.S.C. 2864(a)(1) is amended to read as fol- to meet local performance measures; vestment and Adult Education Act of 2003) lows: ‘‘(E) operating a fiscal and management that is received by the local area involved ‘‘(1) IN GENERAL.— accountability system under section 136(f); for fiscal year 2003. ‘‘(A) REQUIRED USE OF FUNDS.—Not less ‘‘(F) carrying out monitoring and over- ‘‘(ii) DISADVANTAGED ADULT.—The term than 50 percent of the funds reserved by a sight of activities carried out under this ‘disadvantaged adult’ means an individual Governor under section 133(a) shall be used chapter and chapter 4; who is age 22 through 72 who received an in- to support the provision of core services in ‘‘(G) implementing innovative programs, come, or is a member of a family that re- local areas, consistent with the local plan, such as incumbent worker training pro- ceived a total family income, that, in rela- through one-stop delivery systems by dis- grams, programs serving individuals with tion to family size, does not exceed the pov- tributing funds to local areas in accordance disabilities consistent with section 188; erty line. with subparagraph (B). Such funds may be ‘‘(H) developing strategies for effectively ‘‘(iii) EXCESS NUMBER.—The term ‘excess used by States to employ State personnel to serving hard-to-serve populations and for in- number’ means, used with respect to the ex- provide such services in designated local tegrating programs and services among one- cess number of unemployed individuals with- areas in consultation with local boards. stop partners; in a local area, the number that represents ‘‘(B) METHOD OF DISTRIBUTING FUNDS.—The ‘‘(I) implementing innovative programs for the number of unemployed individuals in ex- method of distributing funds under this para- displaced homemakers, which for purposes of cess of 4.5 percent of the civilian labor force graph shall be developed in consultation this subparagraph may include an individual in the local area. with the State board and local boards. Such who is receiving public assistance and is ‘‘(3) DISCRETIONARY ALLOCATION.—The Gov- method of distribution, which may include within 2 years of exhausting lifetime eligi- ernor shall allocate to local areas the the formula established under section bility under Part A of title IV of the Social amounts described in paragraph (1)(B) based 121(h)(3), shall be objective and geographi- Security Act (42 U.S.C. 601 et seq.); and on a formula developed in consultation with cally equitable, and may include factors ‘‘(J) implementing programs to increase the State board and local boards. Such for- such as the number of centers in the local the number of individuals training for and mula shall be objective and geographically area that have been certified, the population placed in nontraditional employment.’’. equitable and may include such demographic served by such centers, and the performance (D) LIMITATION ON STATE ADMINISTRATIVE and economic factors as the Governor, after of such centers. EXPENDITURES.—Section 134(a) is further consultation with the State board and local ‘‘(C) OTHER USE OF FUNDS.—Funds reserved amended by adding the following new para- boards, determines are appropriate. by a Governor for a State— graph:

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‘‘(4) LIMITATION.—Not more than 5 percent (ii) in subparagraph (C)— ‘‘(IV) Individuals with disabilities.’’. of the funds allotted under section 132(b) (I) in clause (v), by striking ‘‘for partici- (4) PERMISSIBLE ACTIVITIES.—Section 134(d) shall be used by the State for administrative pants seeking training services under para- (as redesignated by paragraph (2)) is amend- activities carried out under this subsection graph (4)’’; and ed— and section 128(a).’’. (II) by adding the following clauses after (A) by amending paragraph (1) to read as (2) LOCAL EMPLOYMENT AND TRAINING AC- clause (vi): follows: TIVITIES.— Section 134(b) (29 U.S.C. 2864(b)) is ‘‘(vii) Internships and work experience. ‘‘(1) DISCRETIONARY ONE-STOP DELIVERY AC- amended— ‘‘(viii) Literacy activities relating to basic TIVITIES.— (A) by striking ‘‘under paragraph (2)(A)’’ work readiness, and financial literacy activi- ‘‘(A) IN GENERAL.—Funds allocated to a and all that follows through ‘‘section ties. local area under section 133(b) may be used 133(b)(2)(B)’’ and inserting ‘‘under section ‘‘(ix) Out-of-area job search assistance and to provide, through the one-stop delivery 133(b)’’; relocation assistance.’’. system— (B) in paragraphs (1) and (2), by striking (D) TRAINING SERVICES.—Section 134(c)(4) ‘‘(i) customized screening and referral of ‘‘or dislocated workers, respectively’’ both (as redesignated by paragraph (2) of this sub- qualified participants in training services to places it appears; and section) is amended— employers; (C) by redesignating subsections (d) and (e) (i) by amending subparagraph (A) to read ‘‘(ii) customized employment-related serv- as subsections (c) and (d), respectively. as follows: ices to employers on a fee-for-service basis; (3) REQUIRED LOCAL EMPLOYMENT AND ‘‘(A) IN GENERAL.— ‘‘(iii) customer support to navigate among TRAINING ACTIVITIES.— ‘‘(i) ELIGIBILITY.—Funds allocated to a multiple services and activities for special (A) ALLOCATED FUNDS.—Section 134(c)(1) (29 local area under section 133(b) shall be used participant populations that face multiple U.S.C. 2864(c)(1)) (as redesignated by para- to provide training services to adults who— barriers to employment, including individ- graph (2)) is amended to read as follows: ‘‘(I) after an interview, evaluation, or as- uals with disabilities; and ‘‘(1) IN GENERAL.—Funds allocated to a sessment, and case management, have been ‘‘(iv) employment and training assistance local area for adults under section 133(b) determined by a one-stop operator or one- provided in coordination with child support shall be used— stop partner, as appropriate, to— enforcement activities of the State agency ‘‘(A) to establish a one-stop delivery sys- ‘‘(aa) be unlikely or unable to obtain or re- tem as described in section 121(e); tain suitable employment through intensive carrying out subtitle D of title IV of the So- ‘‘(B) to provide the core services described services under paragraph (3)(A); cial Security Act. in paragraph (2) through the one-stop deliv- ‘‘(bb) be in need of training services to ob- ‘‘(B) WORK SUPPORT ACTIVITIES FOR LOW- ery system in accordance with such para- tain or retain suitable employment; and WAGE WORKERS.— graph; ‘‘(cc) have the skills and qualifications to ‘‘(i) IN GENERAL.— Funds allocated to a ‘‘(C) to provide the intensive services de- successfully participate in the selected pro- local area under 133(b) may be used to pro- scribed in paragraph (3) to adults described gram of training services; vide, through the one-stop delivery system in such paragraph; and ‘‘(II) select programs of training services and in collaboration with the appropriate ‘‘(D) to provide training services described that are directly linked to the employment programs and resources of the one-stop part- in paragraph (4) to adults described in such opportunities in the local area involved or in ners, work support activities designed to as- paragraph.’’. another area in which the adults receiving sist low-wage workers in retaining and en- (B) CORE SERVICES.—Section 134(c)(2) (29 such services are willing to commute or relo- hancing employment. U.S.C. 2864(c)(2)) (as redesignated by para- cate; ‘‘(ii) ACTIVITIES.—The activities described graph (2)) is amended— ‘‘(III) who meet the requirements of sub- in clause (i) may include assistance in ac- (i) by striking ‘‘who are adults or dis- paragraph (B); and cessing financial supports for which such located workers’’; ‘‘(IV) who are determined eligible in ac- workers may be eligible and the provision of (ii) in subparagraph (A), by striking ‘‘under cordance with the priority system in effect activities available through the one-stop de- this subtitle’’ and inserting ‘‘under the one- under subparagraph (E). livery system in a manner that enhances the stop partner programs described in section ‘‘(ii) The Governor shall define the term opportunities of such workers to participate, 121(b)’’; ‘suitable employment’ for purposes of this such as the provision of employment and (iii) by amending subparagraph (D) to read subparagraph.’’; training activities during nontraditional as follows: (ii) in subparagraph (B)(i), by striking ‘‘Ex- hours and the provision of on-site child care ‘‘(D) labor exchange services, including— cept’’ and inserting ‘‘Notwithstanding sec- while such activities are being provided.’’; ‘‘(i) job search and placement assistance, tion 479B of the Higher Education Act of 1965 and and where appropriate career counseling; (20 U.S.C. 1087uu) and except’’; (B) by adding after paragraph (3) the fol- ‘‘(ii) appropriate recruitment services for (iii) by amending subparagraph (E) to read lowing new paragraph: employers; and as follows: ‘‘(4) INCUMBENT WORKER TRAINING PRO- ‘‘(iii) reemployment services provided to ‘‘(E) PRIORITY.— GRAMS.— unemployment claimants.’’; ‘‘(i) IN GENERAL.—A priority shall be given ‘‘(A) IN GENERAL.—The local board may use (iv) in subparagraph (I), by inserting ‘‘and to unemployed individuals for the provision up to 10 percent of the funds allocated to a the administration of the work test for the of intensive and training services under this local area under section 133(b) to carry out unemployment compensation system’’ after subsection. incumbent worker training programs in ac- ‘‘compensation’’; and ‘‘(ii) ADDITIONAL PRIORITY.—If the funds in cordance with this paragraph. (v) by amending subparagraph (J) to read the local area, including the funds allocated ‘‘(B) TRAINING ACTIVITIES.—The training as follows: under section 133(b), for serving recipients of programs for incumbent workers under this ‘‘(J) assistance in establishing eligibility public assistance and other low-income indi- paragraph shall be carried out by the local for programs of financial aid assistance for viduals, including single parents, displaced area in conjunction with the employers of training and education programs that are homemakers, and pregnant single women, is such workers for the purpose of assisting not funded under this Act and are available limited, the priority for the provision of in- such workers in obtaining the skills nec- in the local area; and’’. tensive and training services under this sub- essary to retain employment and avert lay- (C) INTENSIVE SERVICES.—Section 134(c)(3) section shall include such recipients and in- offs. (29 U.S.C. 2864(c)(3) (as redesignated by para- dividuals. ‘‘(C) EMPLOYER MATCH REQUIRED.— graph (2) of this subsection) is amended— ‘‘(iii) DETERMINATIONS.—The Governor and ‘‘(i) IN GENERAL.—Employers participating (i) by amending subparagraph (A) to read the appropriate local board shall direct the in programs under this paragraph shall be re- as follows: one-stop operators in the local area with re- quired to pay a proportion of the costs of ‘‘(A) IN GENERAL.— gard to making determinations with respect providing the training to the incumbent ‘‘(i) ELIGIBILITY.—Funds allocated to a to the priority of service under this subpara- workers. The Governor shall establish, or local area under section 133(b) shall be used graph.’’; may authorize the local board to establish, to provide intensive services for adults who— (iv) in subparagraph (F), by adding the fol- the required portion of such costs, which ‘‘(I) are unemployed and who have been de- lowing clause after clause (iii): shall not be less than— termined by the one-stop operator to be— ‘‘(iv) ENHANCED INDIVIDUAL TRAINING AC- ‘‘(I) 10 percent of the costs, for employers ‘‘(aa) unlikely or unable to obtain suitable COUNTS.—Each local board may, through one- with 50 or fewer employees; employment through core services; and stop centers, assist individuals receiving in- ‘‘(II) 25 percent of the costs, for employers ‘‘(bb) in need of intensive services in order dividual training accounts through the es- with more than 50 employees but fewer than to obtain suitable employment; or tablishment of such accounts that include, 100 employees; and ‘‘(II) are employed, but who are determined in addition to the funds provided under this ‘‘(III) 50 percent of the costs, for employers by a one-stop operator to be in need of inten- paragraph, funds from other programs and with 100 or more employees. sive services to obtain or retain suitable em- sources that will assist the individual in ob- ‘‘(ii) CALCULATION OF MATCH.—The wages ployment. taining training services.’’; and paid by an employer to a worker while they ‘‘(ii) DEFINITION.—The Governor shall de- (v) in subparagraph (G)(iv), by redesig- are attending training may be included as fine the term ‘suitable employment’ for pur- nating subclause (IV) as subclause (V) and part of the requirement payment of the em- poses of this subparagraph.’’; and inserting after subclause (III) the following: ployer.’’.

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SEC. 113. PERFORMANCE ACCOUNTABILITY SYS- (b) LOCAL PERFORMANCE MEASURES.—Sec- for exemplary performance with respect to TEM. tion 136(c) (29 U.S.C 2871(c)) is amended— the measures established under this section (a) STATE PERFORMANCE MEASURES.— (1) in paragraph (1)(A)(i), by striking ‘‘, and and with the performance of the local area in (1) IN GENERAL.—Section 136(b)(1) (29 U.S.C. the customer satisfaction indicator of per- serving special populations, including the 2871(b)(1)) is amended— formance described in subsection (b)(2)(B),’’; levels of service and the performance out- (A) in subparagraph (A)(i), by striking (2) in paragraph (1)(A)(ii), by striking ‘‘sub- comes. ‘‘and the customer satisfaction indicator of section (b)(2)(C)’’ and inserting ‘‘subsection ‘‘(B) USE OF FUNDS.—The funds awarded to performance described in paragraph (2)(B)’’; (b)(2)(B)’’; and a local area may be used to carry out activi- and (3) by amending paragraph (3) to read as ties authorized for local areas under chapters (B) in subparagraph (A)(ii), by striking follows: 4 and 5 of this title, and such demonstration ‘‘paragraph (2)(C)’’ and inserting ‘‘paragraph ‘‘(3) DETERMINATIONS.—In determining or other innovative programs to serve spe- (2)(B)’’. such local levels of performance, the local cial populations as may be approved by the (2) INDICATORS OF PERFORMANCE.—Section board, the chief elected official, and the Gov- Governor.’’. 136(b)(2) (29 U.S.C. 2871(b)(2)) is amended— ernor shall ensure such levels are adjusted (g) REPEAL OF DEFINITIONS.—Sections 502 (A) in subparagraph (A)(i), by striking based on the specific economic characteris- and 503 (and the items related to such sec- ‘‘(except for self-service and information ac- tics (such as unemployment rates and job tions in the table of contents) are repealed. tivities) and (for participants who are eligi- losses or gains in particular industries), de- SEC. 114. AUTHORIZATION OF APPROPRIATIONS. ble youth age 19 through 21) for youth activi- mographic characteristics, or other charac- (a) YOUTH ACTIVITIES.— Section 137(a) (29 ties authorized under section 129’’; teristics of the population to be served in the U.S.C. 2872(a)) is amended by striking ‘‘such (B) by amending subparagraph (A)(i)(IV) to local area, such as poor work history, lack of sums as may be necessary for each of fiscal read as follows: work experience, low levels of literacy or years 1999 through 2003’’ and inserting ‘‘(IV) the efficiency of the program in ob- English proficiency, disability status, and ‘‘$1,250,000,000 for fiscal year 2004 and such taining the outcomes described in subclauses welfare dependency.’’. sums as may be necessary for each of fiscal (I) through (III).’’; (c) REPORT.—Section 136(d) (29 U.S.C. (C) by amending subparagraph (A)(ii) to 2871(d)) is amended— years 2005 through 2009’’. read as follows: (1) in paragraph (1), by striking ‘‘and the (b) ADULT EMPLOYMENT AND TRAINING AC- ‘‘(ii) CORE INDICATORS FOR ELIGIBLE customer satisfaction indicator’’ in both TIVITIES.—Section 137(b) (29 U.S.C. 2872(b)) is YOUTH.—The core indicators of performance places that it appears; amended by striking ‘‘section 132(a)(1), such for youth activities authorized under section (2) in paragraph (2)(E), by striking ‘‘(ex- sums as may be necessary for each of fiscal 129 shall consist of— cluding participants who received only self- years 1999 through 2003’’ and inserting ‘‘(I) entry into employment, education or service and informational activities)’’; and ‘‘132(a), $3,079,800,000 for fiscal year 2004 and advanced training, or military service; (3) by adding at the end the following: such sums as may be necessary for each of ‘‘(II) attainment of secondary school diplo- ‘‘(4) DATA VALIDATION.—In preparing the fiscal years 2005 through 2009’’. mas or the General Equivalency Diploma reports described in this subsection, the (c) DISLOCATED WORKER EMPLOYMENT AND (GED) (including recognized alternative States shall establish procedures, consistent TRAINING ACTIVITIES.—Section 137 is further standards for individuals with disabilities); with guidelines issued by the Secretary, to amended by striking subsection (c). ‘‘(III) attainment of literacy or numeracy ensure the information contained in the re- SEC. 115. JOB CORPS. skills; and port is valid and reliable.’’. (a) COMMUNITY PARTICIPATION.—Section 153 ‘‘(IV) the efficiency of the program in ob- (d) SANCTIONS FOR STATE.—Section 136(g) (29 U.S.C. 2893) is amended— taining the outcomes described in subclauses (29 U.S.C. 2871(g)) is amended— (1) by amending subsection (a) to read as (I) through (III).’’; (1) in paragraph (1)(A), by striking ‘‘or follows: (D) by striking subparagraph (B); (B)’’; and ‘‘(a) BUSINESS AND COMMUNITY PARTICIPA- (E) by redesignating subparagraph (C) as (2) in paragraph (2), by striking ‘‘section subparagraph (B), and by adding at the end TION.—The director of each Job Corps center 503’’ and inserting ‘‘section 136(i)’’. shall ensure the establishment and develop- of such subparagraph (as so redesignated) the (e) SANCTIONS FOR LOCAL AREAS.—Section following new sentence: ‘‘Such indicators ment of the business and community rela- 136(h) (29 U.S.C. 2871(h)) is amended— tionships and networks described in sub- may include customer satisfaction of em- (1) in paragraph (1), by striking ‘‘or (B)’’; ployers and participants with services re- section (b) in order to enhance the effective- and ness of such center.’’; ceived from the workforce investment activi- (2) by amending paragraph (2)(B) to read as ties authorized under this subtitle.’’. (2) in subsection (b)— follows: (A) in the heading, by striking ‘‘RESPON- (3) LEVELS OF PERFORMANCE.—Section ‘‘(B) APPEAL TO GOVERNOR.—A local area SIBILITIES’’ and inserting ‘‘NETWORKS’’; and 136(b)(3)(A) (29 U.S.C. 2871(b)(3)(A)) is amend- that is subject to a reorganization plan ed— (B) by striking ‘‘The responsibilities of the under subparagraph (A) may, not later than Liaison’’ and inserting ‘‘The activities car- (A) in clause (i), by striking ‘‘and the cus- 30 days after receiving notice of the reorga- tomer satisfaction indicator described in ried out by each Job Corps center under this nization plan, appeal to the Governor to re- section’’; and paragraph (2)(B)’’; scind or revise such plan. In such case, the (B) in clause (ii), by striking ‘‘and the cus- (3) in subsection (c), by striking ‘‘The Liai- Governor shall make a final decision not son for’’ and inserting ‘‘The director of’’. tomer satisfaction indicator of performance, later than 30 days after the receipt of the ap- for the first 3’’ and inserting ‘‘for the 2’’; (b) INDUSTRY COUNCILS.—Section 154(b) (29 peal.’’. U.S.C. 2894(b)) is amended— (C) in clause (iii)— (f) INCENTIVE GRANTS.—Section 136(i) (29 (1) in paragraph (1)(A), by striking ‘‘local (i) in the heading, by striking ‘‘FOR FIRST 3 U.S.C. 2871(i)) is amended to read as follows: and distant’’; and YEARS’’; and ‘‘(i) INCENTIVE GRANTS FOR STATES AND (ii) by striking ‘‘and the customer satisfac- LOCAL AREAS.— (2) by adding after paragraph (2) the fol- tion indicator of performance, for the first 3’’ ‘‘(1) INCENTIVE GRANTS FOR STATES.— lowing: MPLOYERS OUTSIDE OF LOCAL AREAS and inserting ‘‘for the 2’’; ‘‘(A) IN GENERAL.—From funds appro- ‘‘(3) E .— (D) in clause (iv)— priated under section 174, the Secretary may The industry council may include, or other- (i) by striking subclause (I); award grants to States for exemplary per- wise provide for consultation with, employ- (ii) by redesignating subclauses (II) and formance in carrying programs under this ers from outside the local area who are like- (III) as subclauses (I) and (II), respectively; chapters 4 and 5 of this title. Such awards ly to hire a significant number of enrollees and may be based on States meeting or exceeding from the Job Corps center.’’. (iii) in subclause (I) (as so redesignated)— the performance measures established under (c) INDICATORS OF PERFORMANCE AND ADDI- (I) by striking ‘‘taking into account’’ and this section, on the performance of the State TIONAL INFORMATION.—Section 159(c) (29 inserting ‘‘which shall be adjusted based on’’; in serving special populations, including the U.S.C. 2893(c)) is amended— (II) by inserting ‘‘such as unemployment levels of service provided and the perform- (1) by amending paragraph (1) to read as rates and job losses or gains in particular in- ance outcomes, and such other factors relat- follows: dustries’’ after ‘‘economic conditions’’; and ing to the performance of the State under ‘‘(1) CORE INDICATORS.—The Secretary shall (III) by inserting ‘‘such as indicators of this title as the Secretary determines is ap- annually establish expected levels of per- poor work history, lack of work experience, propriate. formance for Job Corps centers and the Job low levels of literacy or English proficiency, ‘‘(B) USE OF FUNDS.—The funds awarded to Corps program relating to each of the core disability status, and welfare dependency’’ a State under this paragraph may be used to indicators for youth identified in section after ‘‘program’’; carry out any activities authorized under 136(b)(2)(A)(ii).’’; and (E) by striking clause (v); and chapters 4 and 5 of this title, including dem- (2) in paragraph (2), by striking ‘‘meas- (F) by redesignating clause (vi) as clause onstrations and innovative programs for spe- ures’’ each place it appears and inserting (v). cial populations. ‘‘indicators’’. (4) ADDITIONAL INDICATORS.—Section ‘‘(2) INCENTIVE GRANTS FOR LOCAL AREAS.— SEC. 116. NATIVE AMERICAN PROGRAMS. 136(b)(3)(B) is amended by striking ‘‘para- ‘‘(A) IN GENERAL.—From funds reserved (a) ADVISORY COUNCIL.—Section 166(h)(4)(C) graph (2)(C)’’ and inserting ‘‘paragraph under sections 128(a) and 133(a), the Governor (29 U.S.C. 2911(h)(4)(C)) is amended to read as (2)(B)’’. may award incentive grants to local areas follows:

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‘‘(C) DUTIES.—The Council shall advise the sion of the activities under subparagraph (A) sistance would not be duplicative to assist- Secretary on the operation and administra- are based, and a description of how such ac- ance provided by the State),’’ after ‘‘local- tion of the programs assisted under this sec- tivities will expand the base of knowledge re- ities,’’; and tion.’’. lating to the provision of activities for (B) by striking ‘‘from carrying out activi- (b) ASSISTANCE TO AMERICAN SAMOANS IN youth; ties’’ and all that follows up to the period HAWAII.—Section 166 (29 U.S.C. 2911) is fur- ‘‘(C) a description of the private and pub- and inserting ‘‘to implement the amend- ther amended by striking subsection (j). lic, and local and State resources that will ments made by the Workforce Reinvestment (c) MIGRANT AND SEASONAL FARMWORKER be leveraged to provide the activities de- and Adult Education Act of 2003’’; and PROGRAMS.—Section 167(d) is amended by in- scribed under subparagraph (A) in addition (5) by inserting, after subsection (c) (as re- serting ‘‘(including permanent housing)’’ the funds provided under this subsection; and designated by paragraph (3)), the following: after ‘‘housing’’. ‘‘(D) the levels of performance the eligible ‘‘(d) BEST PRACTICES COORDINATION.—The SEC. 117. YOUTH CHALLENGE GRANTS. entity expects to achieve with respect to the Secretary shall establish a system whereby Section 169 (29 U.S.C. 2914) is amended to indicators of performance for youth specified States may share information regarding best read as follows: in section 136(b)(2)(A)(ii). practices with regards to the operation of ‘‘SEC. 169. YOUTH CHALLENGE GRANTS. ‘‘(8) FACTORS FOR AWARD.—In awarding workforce investment activities under this ‘‘(a) IN GENERAL.—Of the amounts reserved grants under this subsection the Secretary Act.’’. by the Secretary under section 127(a)(1)(A) may consider the quality of the proposed SEC. 119. DEMONSTRATION, PILOT, MULTI- for a fiscal year— project, the goals to be achieved, the likeli- SERVICE, RESEARCH AND ‘‘(1) the Secretary shall use not less than 80 hood of successful implementation, the ex- MULTISTATE PROJECTS. percent to award competitive grants under tent to which the project is based on proven (a) DEMONSTRATION AND PILOT PROJECTS.— subsection (b); and strategies or the extent to which the project Section 171(b) (29 U.S.C. 2916(b)) is amended— ‘‘(2) the Secretary may use not more than will expand the knowledge base on activities (1) in paragraph (1)— 20 percent to award discretionary grants for youth, and the additional State, local or (A) by striking ‘‘Under a’’ and inserting under subsection (c). private resources that will be provided. ‘‘Consistent with the priorities specified in ‘‘(b) COMPETITIVE GRANTS TO STATES AND ‘‘(9) EVALUATION.—The Secretary may re- the’’; LOCAL AREAS.— serve up to 5 percent of the funds described (B) by amending subparagraphs (A) ‘‘(1) ESTABLISHMENT.—From the funds de- through (D) to read as follows: scribed in subsection (a)(1), the Secretary in subsection(a)(1) to provide technical as- ‘‘(A) projects that assist national employ- shall award competitive grants to eligible sistance to, and conduct evaluations of the ers in connecting with the workforce invest- entities to carry out activities authorized projects funded under this subsection (using ment system established under this title in under this section to assist eligible youth in appropriate techniques as described in sec- order to facilitate the recruitment and em- acquiring the skills, credentials and employ- tion 172(c)). ment experience necessary to succeed in the ‘‘(c) DISCRETIONARY GRANTS FOR YOUTH AC- ployment of needed workers and to provide labor market. TIVITIES.— information to such system on skills and oc- cupations in demand; ‘‘(2) ELIGIBLE ENTITIES.—Grants under this ‘‘(1) IN GENERAL.—From the funds described subsection may be awarded to States, local in subsection(a)(2), the Secretary may award ‘‘(B) projects that promote the develop- boards, recipients of grants under section 166 grants to eligible entities to provide activi- ment of systems that will improve the effec- (relating to Native American programs), and ties that will assist youth in preparing for, tiveness and efficiency of programs carried public or private entities (including con- and entering and retaining, employment. out under this title; sortia of such entities) applying in conjunc- ‘‘(2) ELIGIBLE ENTITIES.—Grants under this ‘‘(C) projects that focus on opportunities tion with local boards. subsection may be awarded to public or pri- for employment in industries and sectors of ‘‘(3) GRANT PERIOD.—The Secretary may vate entities that the Secretary determines industries that are experiencing or are likely make a grant under this section for a period would effectively carry out activities relat- to experience high rates of growth; of 1 year and may renew the grants for each ing to youth under this subsection. ‘‘(D) projects carried out by States and of the 4 succeeding years. ‘‘(3) PARTICIPANT ELIGIBILITY.—Youth ages local areas to test innovative approaches to ‘‘(4) AUTHORITY TO REQUIRE MATCH.—The 14 through 19 at the time the eligibility de- delivering employment-related services;’’; Secretary may require that grantees under termination is made may be eligible to par- (C) by striking subparagraph (E); this subsection provide a non-Federal share ticipate in activities under this subsection. (D) by redesignating subparagraphs (F) and of the cost of activities carried out under a ‘‘(4) USE OF FUNDS.—Funds provided under (G) as subparagraphs (E) and (F), respec- grant awarded under this subsection. this subsection may be used for activities tively; ‘‘(5) PARTICIPANT ELIGIBILITY.—Youth ages that will assist youth in preparing for, and (E) by inserting after subparagraph (F) (as 14 through 19 as of the time the eligibility entering and retaining, employment, includ- so redesignated) the following: determination is made may be eligible to ing the activities described in section 129 for ‘‘(G) projects that provide retention grants participate in activities provided under this out-of-school youth, activities designed to to qualified job training programs upon subsection. assist in-school youth to stay in school and placement or retention of a low-income indi- ‘‘(6) USE OF FUNDS.—Funds under this sub- gain work experience, and such other activi- vidual trained by that program in employ- section may be used for activities that are ties that the Secretary determines are ap- ment with a single employer for a period of designed to assist youth in acquiring the propriate. 1 year, provided that such employment is skills, credentials and employment experi- ‘‘(5) APPLICATIONS.—To be eligible to re- providing to the low-income individual an ence that are necessary to succeed in the ceive a grant under this subsection, an eligi- income not less than twice the poverty line labor market, including the activities identi- ble entity shall submit an application to the for that individual.’’; and fied in section 129. The activities may in- Secretary at such time, in such manner, and (F) by striking subparagraph (H); and clude activities such as— containing such information as the Sec- (2) in paragraph (2)— ‘‘(A) training and internships for out-of- retary may require. (A) by striking subparagraph (B); and school youth in sectors of economy experi- ‘‘(6) ADDITIONAL REQUIREMENTS.—The Sec- (B) by redesignating subparagraph (C) as encing or projected to experience high retary may require the provision of a non- subparagraph (B). growth; Federal share for projects funded under this (b) MULTISERVICE PROJECTS.—Section ‘‘(B) after-school dropout prevention ac- subsection and may require participation of 171(c)(2)(B) (29 U.S.C. 2916(c)(2)(B)) is amend- tivities for in-school youth; grantees in evaluations of such projects, in- ed to read as follows: ‘‘(C) activities designed to assist special cluding evaluations using the techniques as ‘‘(B) NET IMPACT STUDIES AND REPORTS.— youth populations, such as court-involved described in section 172(c).’’. The Secretary shall conduct studies to deter- youth and youth with disabilities; and SEC. 118. TECHNICAL ASSISTANCE. mine the net impacts of programs, services, ‘‘(D) activities combining remediation of Section 170 (29 U.S.C. 2915) is amended— and activities carried out under this title. academic skills, work readiness training, (1) by striking subsection (b); The Secretary shall prepare and disseminate and work experience, and including linkages (2) by striking ‘‘(a) GENERAL TECHNICAL AS- to the public reports containing the results to postsecondary education, apprenticeships, SISTANCE.—’’; of such studies.’’. and career-ladder employment. (3) by redesignating paragraphs (1), (2), and (c) WAIVER AUTHORITY TO CARRY OUT DEM- ‘‘(7) APPLICATIONS.—To be eligible to re- (3) as subsections (a), (b), and (c) respec- ONSTRATIONS AND EVALUATIONS.—Section 171 ceive a grant under this subsection, an eligi- tively, and moving such subsections 2 ems to (29 U.S.C. 2916(d)) is further amended by ble entity shall submit an application to the the left; striking subsection (d). Secretary at such time, in such manner, and (4) in subsection (a) (as redesignated by SEC. 120. EVALUATIONS. containing such information as the Sec- paragraph (3))— (a) IN GENERAL.—Section 173 (29 U.S.C. retary may require, including— (A) by inserting ‘‘the training of staff pro- 2916) is amended— ‘‘(A) a description of the activities the eli- viding rapid response services, the training (1) by amending the designation and head- gible entity will provide to eligible youth of other staff of recipients of funds under ing to read as follows: under this subsection; this title, peer review activities under this ‘‘SEC. 173. NATIONAL DISLOCATED WORKER ‘‘(B) a description of the programs of dem- title, assistance regarding accounting and GRANTS.’’; onstrated effectiveness on which the provi- program operation practices (when such as- and

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7854 CONGRESSIONAL RECORD — SENATE July 8, 2004 (2) in subsection (a)— ance with subparagraph (D),’’ after ‘‘subpara- adults to obtain employment and self-suffi- (A) by striking ‘‘national emergency graph (B)’’; and ciency and to successfully advance in the grants’’ in the matter preceding paragraph (2) by adding the following subparagraph: workforce; (1) and inserting ‘‘national dislocated worker ‘‘(D) EXPEDITED PROCESS FOR EXTENDING ‘‘(2) assist adults in the completion of a grants’’; and APPROVED WAIVERS TO ADDITIONAL STATES.— secondary school education (or its equiva- (B) in paragraph (1), by striking ‘‘sub- In lieu of the requirements of subparagraphs lent) and the transition to a postsecondary section (c)’’ and inserting ‘‘subsection (b)’’. (B) and (C), the Secretary may establish an educational institution; (b) ADMINISTRATION.—Section 173 (29 U.S.C. expedited procedure for the purpose of ex- ‘‘(3) increase the basic reading, writing, 2918) is further amended— tending to additional States the waiver of speaking, and math skills of parents to en- (1) by striking subsection (b) and redesig- statutory or regulatory requirements that able them to support the educational devel- nating subsections (c) and (d) as subsections have been approved for a State pursuant to a opment of their children and make informed (b) and (c), respectively; and request under subparagraph (B). Such proce- choices regarding their children’s education; (2) by striking subsection (e) and redesig- dure shall ensure that the extension of such and nating subsections (f) and (g) as subsection waivers to additional States are accom- ‘‘(4) assist immigrants who are not pro- (d) and (e), respectively. panied by appropriate conditions relating ficient in English in improving their reading, (c) ELIGIBLE ENTITIES.—Section 173(b)(1)(B) the implementation of such waivers.’’. (29 U.S.C. 2918(b)(1)(B)) (as redesignated by writing, speaking, and math skills and ac- SEC. 125. GENERAL PROGRAM REQUIREMENTS. quiring an understanding of the American subsection (b) of this section) is amended by Section 195 (29 U.S.C. 2945) is amended by free enterprise system, individual freedom, striking ‘‘, and other entities’’ and all that adding at the end the following new para- and the responsibilities of citizenship. follows and inserting a period. graph: (d) CONFORMING AMENDMENT.—The table of ‘‘(14) Funds provided under this title shall ‘‘SEC. 203. DEFINITIONS. contents in section 1(b) is amended by not be used to establish or operate stand- ‘‘In this title: amending the item related to section 173 to alone fee-for-service enterprises that com- ‘‘(1) ADULT BASIC SKILLS AND FAMILY LIT- read as follows: pete with private sector employment agen- ‘‘Sec. 173. National dislocated worker cies within the meaning of section 701(c) of ERACY EDUCATION PROGRAMS.—The term grants.’’. the Civil Rights Act of 1964 (42 U.S.C. ‘adult basic skills and family literacy edu- SEC. 121. AUTHORIZATION OF APPROPRIATIONS 2000e(c)). For purposes of this paragraph, cation programs’ means a sequence of aca- FOR NATIONAL ACTIVITIES. such an enterprise does not include one-stop demic instruction and educational services (a) IN GENERAL.—Section 174(a)(1) (29 centers.’’. below the postsecondary level that increase an individual’s ability to read, write, and U.S.C. 2919(a)(1)) is amended by striking TITLE II—ADULT EDUCATION ‘‘1999 through 2003’’ and inserting ‘‘2004 speak in English and perform mathematical PART A—ADULT BASIC SKILLS AND through 2009’’. computations leading to a level of pro- FAMILY LITERACY EDUCATION (b) RESERVATIONS.—Section 174(b) is ficiency equivalent to secondary school com- amended to read as follows: SEC. 201. TABLE OF CONTENTS. pletion that is provided for individuals— ‘‘(b) TECHNICAL ASSISTANCE; DEMONSTRA- The table of contents in section 1(b) is ‘‘(A) who are at least 16 years of age; TION AND PILOT PROJECTS; EVALUATIONS; IN- amended by amending the items relating to ‘‘(B) who are not enrolled or required to be CENTIVE GRANTS.—There are authorized to be title II to read as follows: enrolled in secondary school under State appropriated to carry out sections 170 ‘‘TITLE II—ADULT BASIC SKILLS AND law; and through 172 and section 136 such sums as FAMILY LITERACY EDUCATION ‘‘(C) who— may be necessary for each of fiscal years 2004 ‘‘Sec. 201. Short title. ‘‘(i) lack sufficient mastery of basic read- through 2009.’’. ‘‘Sec. 202. Purpose. ing, writing, speaking, and math skills to en- SEC. 122. REQUIREMENTS AND RESTRICTIONS. ‘‘Sec. 203. Definitions. able the individuals to function effectively (a) IN GENERAL.—Section 181(c)(2)(A) (29 ‘‘Sec. 204. Home schools. in society; U.S.C. 2931(c)(2)(A)) is amended in the matter ‘‘Sec. 205. Authorization of appropriations. ‘‘(ii) do not have a secondary school di- preceding clause (i) by striking ‘‘shall’’ and ‘‘CHAPTER 1—FEDERAL PROVISIONS ploma or the General Equivalency Diploma inserting ‘‘may’’. ‘‘Sec. 211. Reservation of funds; grants to el- (GED) (including recognized alternative (b) LIMITATIONS.—Section 181(e) is amended igible agencies; allotments. standards for individuals with disabilities), by striking the first sentence. ‘‘Sec. 212. Performance accountability sys- and have not achieved an equivalent level of SEC. 123. NONDISCRIMINATION. tem. education; or Section 188(a)(2) (29 U.S.C. 2931(a)(2)) is ‘‘Sec. 213. Incentive grants for states. ‘‘(iii) are unable to read, write, or speak amended— ‘‘CHAPTER 2—STATE PROVISIONS the English language. (1) by striking ‘‘EMPLOYMENT.—No’’ and in- ‘‘Sec. 221. State administration. ‘‘(2) ELIGIBLE AGENCY.—The term ‘eligible serting ‘‘EMPLOYMENT.— ‘‘Sec. 222. State distribution of funds; agency’— ‘‘(A) IN GENERAL.—Except as provided in matching requirement. ‘‘(A) means the sole entity or agency in a subparagraph (B), no’’; and ‘‘Sec. 223. State leadership activities. State or an outlying area responsible for ad- (2) by adding at the end the following sub- ‘‘Sec. 224. State plan. ministering or supervising policy for adult paragraph: ‘‘Sec. 225. Programs for corrections edu- basic skills and family literacy education ‘‘(B) EXEMPTION FOR RELIGIOUS ORGANIZA- cation and other institutional- programs in the State or outlying area, re- TIONS.—Subparagraph (A) shall not apply to ized individuals. spectively, consistent with the law of the a recipient of financial assistance under this ‘‘CHAPTER 3—LOCAL PROVISIONS State or outlying area, respectively; and title that is a religious corporation, associa- ‘‘(B) may be the State educational agency, tion, educational institution, or society, ‘‘Sec. 231. Grants and contracts for eligible the State agency responsible for admin- with respect to the employment of individ- providers. istering workforce investment activities, or uals of a particular religion to perform work ‘‘Sec. 232. Local application. the State agency responsible for admin- connected with the carrying on by such cor- ‘‘Sec. 233. Local administrative cost limits. istering community or technical colleges. poration, association, educational institu- ‘‘CHAPTER 4—GENERAL PROVISIONS ‘‘(3) ELIGIBLE PROVIDER.—The term ‘eligi- tion, or society of its activities. Such recipi- ‘‘Sec. 241. Administrative provisions. ble provider’ means— ents shall comply with the other require- ‘‘Sec. 242. National leadership activities.’’. ments contained in subparagraph (A).’’. ‘‘(A) a local educational agency; SEC. 202. AMENDMENT. ‘‘(B) a community-based or faith-based or- SEC. 124. ADMINISTRATIVE PROVISIONS. Title II is amended to read as follows: ganization of demonstrated effectiveness; (a) PROGRAM YEAR.—Section 189(g)(1) (29 ‘‘TITLE II—ADULT BASIC SKILLS AND ‘‘(C) a volunteer literacy organization of U.S.C. 2939(g)(1)) is amended to read as fol- FAMILY LITERACY EDUCATION demonstrated effectiveness; lows: ‘‘(D) an institution of higher education; ‘‘(1) IN GENERAL.—Appropriations for any ‘‘SEC. 201. SHORT TITLE. fiscal year for programs and activities car- ‘‘This title may be cited as the ‘Adult ‘‘(E) a public or private educational agen- ried out under this title shall be available for Basic Skills and Family Literacy Education cy; obligation only on the basis of a program Act’. ‘‘(F) a library; year. The program year shall begin on July ‘‘SEC. 202. PURPOSE. ‘‘(G) a public housing authority; 1 in the fiscal year for which the appropria- ‘‘It is the purpose of this title to provide ‘‘(H) an institution that is not described in tion is made.’’. instructional opportunities for adults seek- any of subparagraphs (A) through (G) and (b) AVAILABILITY.—Section 189(g)(2) (29 ing to improve their basic reading, writing, has the ability to provide adult basic skills U.S.C. 2939(g)(2)) is amended by striking speaking, and math skills, and support and family literacy education programs to ‘‘each State’’ and inserting ‘‘each recipient’’. States and local communities in providing, adults and families; or (c) GENERAL WAIVERS.—Section 189(i)(4) (29 on a voluntary basis, adult basic skills and ‘‘(I) a consortium of the agencies, organiza- U.S.C. 2939(i)(4)) is amended— family literacy programs, in order to— tions, institutions, libraries, or authorities (1) in subparagraph (A), in the matter pre- ‘‘(1) increase the basic reading, writing, described in any of subparagraphs (A) ceding clause (i), by inserting ‘‘, or in accord- speaking, and math skills necessary for through (H).

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‘‘(4) ENGLISH LANGUAGE ACQUISITION PRO- ‘‘(C) a nonprofit educational institution of- ‘‘(2) ADDITIONAL ALLOTMENTS.—From the GRAM.—The term ‘English language acquisi- fering certificate or apprenticeship programs sums appropriated under section 205, not re- tion program’ means a program of instruc- at the postsecondary level. served under subsection (a), and not allotted tion designed to help individuals with lim- ‘‘(15) READING.—The term ‘reading’ has the under paragraph (1), for a fiscal year, the ited English proficiency achieve competence meaning given to that term in section 1208 of Secretary shall allot to each eligible agency in reading, writing, and speaking the English the Elementary and Secondary Education that receives an initial allotment under language. Act of 1965 (20 U.S.C. 6368). paragraph (1) an additional amount that ‘‘(5) ESSENTIAL COMPONENTS OF READING IN- ‘‘(16) SCIENTIFICALLY BASED READING RE- bears the same relationship to such sums as STRUCTION.—The term ‘essential components SEARCH.—The term ‘scientifically based read- the number of qualifying adults in the State of reading instruction’ has the meaning ing research’ has the meaning given to that or outlying area served by the eligible agen- given to that term in section 1208 of the Ele- term in section 1208 of the Elementary and cy bears to the number of such adults in all mentary and Secondary Education Act of Secondary Education Act of 1965 (20 U.S.C. States and outlying areas. 1965 (20 U.S.C. 6368). 6368). ‘‘(d) QUALIFYING ADULT.—For the purpose ‘‘(6) FAMILY LITERACY EDUCATION PRO- ‘‘(17) SECRETARY.—The term ‘Secretary’ of subsection (c)(2), the term ‘qualifying GRAMS.—The term ‘family literacy education means the Secretary of Education. adult’ means an adult who— programs’ means educational programs ‘‘(18) STATE.—The term ‘State’ means each ‘‘(1) is at least 16 years of age; that— of the several States of the United States, ‘‘(2) is beyond the age of compulsory school ‘‘(A) assist parents and students, on a vol- the District of Columbia, and the Common- attendance under the law of the State or wealth of Puerto Rico. untary basis, in achieving the purposes of outlying area; ‘‘(19) STATE EDUCATIONAL AGENCY.—The this title as described in section 202; and ‘‘(3) does not have a secondary school di- term ‘State educational agency’ has the ‘‘(B) are of sufficient intensity in terms of ploma or the General Equivalency Diploma meaning given to that term in section 9101 of hours and of sufficient duration to make sus- (GED) (including recognized alternative the Elementary and Secondary Education tainable changes in a family, are based upon standards for individuals with disabilities); Act of 1965 (20 U.S.C. 7801). scientific research-based principles, and for and ‘‘(20) WORKPLACE LITERACY PROGRAM.—The the purpose of substantially increasing the ‘‘(4) is not enrolled in secondary school. term ‘workplace literacy program’ means an ‘‘(e) SPECIAL RULE.— ability of parents and children to read, write, educational program that is offered in col- ‘‘(1) IN GENERAL.—From amounts made and speak English integrate— laboration between eligible providers and available under subsection (c) for the Repub- ‘‘(i) interactive literacy activities between employers or employee organizations for the lic of the Marshall Islands, the Federated parents and their children; purpose of improving the productivity of the States of Micronesia, and the Republic of ‘‘(ii) training for parents regarding how to workforce through the improvement of read- Palau, the Secretary shall award grants to be the primary teacher for their children and ing, writing, speaking, and math skills. full partners in the education of their chil- Guam, American Samoa, the Commonwealth ‘‘SEC. 204. HOME SCHOOLS. of the Northern Mariana Islands, the Repub- dren; ‘‘Nothing in this title shall be construed to lic of the Marshall Islands, the Federated ‘‘(iii) parent literacy training that leads to affect home schools, whether or not a home States of Micronesia, or the Republic of economic self-sufficiency; and school is treated as a home school or a pri- Palau to carry out activities described in ‘‘(iv) an age-appropriate education to pre- vate school under State law, or to compel a pare children for success in school and life parent engaged in home schooling to partici- this title in accordance with the provisions experiences. pate in an English language acquisition pro- of this title as determined by the Secretary. ‘‘(7) GOVERNOR.—The term ‘Governor’ gram, a family literacy education program, ‘‘(2) TERMINATION OF ELIGIBILITY.—Notwith- means the chief executive officer of a State or an adult basic skills and family literacy standing any other provision of law, the Re- or outlying area. education program. public of the Marshall Islands, the Federated States of Micronesia, and the Republic of ‘‘(8) INDIVIDUAL WITH A DISABILITY.— ‘‘SEC. 205. AUTHORIZATION OF APPROPRIATIONS. ‘‘(A) IN GENERAL.—The term ‘individual ‘‘There are authorized to be appropriated Palau shall be eligible to receive a grant with a disability’ means an individual with to carry out this title $584,300,000 for fiscal under this title until an agreement for the any disability (as defined in section 3 of the year 2004 and such sums as may be necessary extension of United States education assist- Americans with Disabilities Act of 1990 (42 for fiscal years 2005 through 2009. ance under the Compact of Free Association for each of the Freely Associated States be- U.S.C. 12102)). ‘‘CHAPTER 1—FEDERAL PROVISIONS ‘‘(B) INDIVIDUALS WITH DISABILITIES.—The comes effective. ‘‘SEC. 211. RESERVATION OF FUNDS; GRANTS TO ‘‘(3) ADMINISTRATIVE COSTS.—The Secretary term ‘individuals with disabilities’ means ELIGIBLE AGENCIES; ALLOTMENTS. more than one individual with a disability. may provide not more than 5 percent of the ‘‘(a) RESERVATION OF FUNDS.—From the funds made available for grants under this ‘‘(9) INDIVIDUAL WITH LIMITED ENGLISH PRO- sums appropriated under section 205 for a fis- subsection to pay the administrative costs of FICIENCY.—The term ‘individual with limited cal year, the Secretary— English proficiency’ means an adult or out- ‘‘(1) shall reserve 1.75 percent to carry out the Pacific Region Educational Laboratory of-school youth who has limited ability in the National Institute for Literacy Estab- regarding activities assisted under this sub- reading, writing, speaking, or understanding lishment Act; section. the English language, and— ‘‘(2) shall reserve up to 1.72 percent for in- ‘‘(f) HOLD-HARMLESS PROVISIONS.— ‘‘(A) whose native language is a language centive grants under section 213; and ‘‘(1) IN GENERAL.—Notwithstanding sub- other than English; or ‘‘(3) shall reserve up to 1.55 percent to section (c), and subject to paragraphs (2) and ‘‘(B) who lives in a family or community carry out section 242. (3), for fiscal year 2004 and each succeeding environment where a language other than ‘‘(b) GRANTS TO ELIGIBLE AGENCIES.— fiscal year, no eligible agency shall receive English is the dominant language. ‘‘(1) IN GENERAL.—From the sums appro- an allotment under this title that is less ‘‘(10) INSTITUTION OF HIGHER EDUCATION.— priated under section 205 and not reserved than 90 percent of the allotment the eligible The term ‘institution of higher education’ under subsection (a) for a fiscal year, the agency received for the preceding fiscal year has the meaning given to that term in sec- Secretary shall award a grant to each eligi- under this title. tion 101 of the Higher Education Act of 1965 ble agency having a State plan approved ‘‘(2) EXCEPTION.—An eligible agency that (20 U.S.C. 1001). under section 224 in an amount equal to the receives for the preceding fiscal year only an ‘‘(11) LITERACY.—The term ‘literacy’ means sum of the initial allotment under sub- initial allotment under subsection 211(c)(1) the ability to read, write, and speak the section (c)(1) and the additional allotment (and no additional allotment under 211(c)(2)) English language with competence, knowl- under subsection (c)(2) for the eligible agen- shall receive an allotment equal to 100 per- edge, and comprehension. cy for the fiscal year, subject to subsections cent of the initial allotment. ‘‘(12) LOCAL EDUCATIONAL AGENCY.—The (f) and (g). ‘‘(3) RATABLE REDUCTION.—If for any fiscal term ‘local educational agency’ has the ‘‘(2) PURPOSE OF GRANTS.—The Secretary year the amount available for allotment meaning given to that term in section 9101 of may award a grant under paragraph (1) only under this title is insufficient to satisfy the the Elementary and Secondary Education if the eligible agency involved agrees to ex- provisions of paragraph (1), the Secretary Act of 1965 (20 U.S.C. 7801). pend the grant in accordance with the provi- shall ratably reduce the payments to all eli- ‘‘(13) OUTLYING AREA.—The term ‘outlying sions of this title. gible agencies, as necessary. area’ has the meaning given to that term in ‘‘(c) ALLOTMENTS.— ‘‘(g) REALLOTMENT.—The portion of any el- section 101 of this Act. ‘‘(1) INITIAL ALLOTMENTS.—From the sums igible agency’s allotment under this title for ‘‘(14) POSTSECONDARY EDUCATIONAL INSTITU- appropriated under section 205 and not re- a fiscal year that the Secretary determines TION.—The term ‘postsecondary educational served under subsection (a) for a fiscal year, will not be required for the period such allot- institution’ means— the Secretary shall allot to each eligible ment is available for carrying out activities ‘‘(A) an institution of higher education agency having a State plan approved under under this title, shall be available for real- that provides not less than a 2-year program section 224— lotment from time to time, on such dates of instruction that is acceptable for credit ‘‘(A) $100,000, in the case of an eligible during such period as the Secretary shall fix, toward a bachelor’s degree; agency serving an outlying area; and to other eligible agencies in proportion to ‘‘(B) a tribally controlled community col- ‘‘(B) $250,000, in the case of any other eligi- the original allotments to such agencies lege; or ble agency. under this title for such year.

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7856 CONGRESSIONAL RECORD — SENATE July 8, 2004 ‘‘SEC. 212. PERFORMANCE ACCOUNTABILITY SYS- clause (iv). The levels agreed to under this formance of the State in serving populations, TEM. clause shall be considered to be the eligible such as those described in section 224(b)(10), ‘‘(a) PURPOSE.—The purpose of this section agency adjusted levels of performance for including the levels of service provided and is to establish a comprehensive performance the eligible agency for such years and shall the performance outcomes, and such other accountability system, composed of the ac- be incorporated into the State plan prior to factors relating to the performance of the tivities described in this section, to assess the approval of such plan. State under this title as the Secretary deter- the effectiveness of eligible agencies in ‘‘(iv) FACTORS.—The agreement described mines appropriate. achieving continuous improvement of adult in clause (iii) or (v) shall take into account— ‘‘(b) USE OF FUNDS.—The funds awarded to basic skills and family literacy education ‘‘(I) how the levels involved compare with a State under this paragraph may be used to programs funded under this title, in order to the eligible agency’s adjusted levels of per- carry out any activities authorized under optimize the return on investment of Federal formance, taking into account factors in- this title, including demonstrations and in- funds in adult basic skills and family lit- cluding the characteristics of participants novative programs for hard-to-serve popu- eracy education programs. when the participants entered the program; lations. ‘‘(b) ELIGIBLE AGENCY PERFORMANCE MEAS- and URES.— ‘‘CHAPTER 2—STATE PROVISIONS ‘‘(II) the extent to which such levels pro- ‘‘(1) IN GENERAL.—For each eligible agency, ‘‘SEC. 221. STATE ADMINISTRATION. the eligible agency performance measures mote continuous and significant improve- ‘‘Each eligible agency shall be responsible shall consist of— ment in performance on the student pro- for the following activities under this title: ‘‘(A)(i) the core indicators of performance ficiency measures used by such eligible agen- ‘‘(1) The development, submission, imple- described in paragraph (2)(A); and cy and ensure optimal return on the invest- mentation, and monitoring of the State plan. ‘‘(ii) employment performance indicators ment of Federal funds. ‘‘(2) Consultation with other appropriate identified by the eligible agency under para- ‘‘(v) AGREEMENT ON ELIGIBLE AGENCY AD- agencies, groups, and individuals that are in- graph (2)(B); and JUSTED LEVELS OF PERFORMANCE FOR SECOND volved in, or interested in, the development ‘‘(B) an eligible agency adjusted level of 3 YEARS.—Prior to the fourth program year and implementation of activities assisted performance for each indicator described in covered by the State plan, the Secretary and under this title. subparagraph (A). each eligible agency shall reach agreement ‘‘(3) Coordination and avoidance of duplica- ‘‘(2) INDICATORS OF PERFORMANCE.— on levels of student proficiency for each of tion with other Federal and State education, ‘‘(A) CORE INDICATORS OF PERFORMANCE.— the core indicators of performance for the training, corrections, public housing, and so- The core indicators of performance shall in- fourth, fifth, and sixth program years cov- cial service programs. clude the following: ered by the State plan, taking into account ‘‘SEC. 222. STATE DISTRIBUTION OF FUNDS; ‘‘(i) Measurable improvements in basic the factors described in clause (iv). The lev- MATCHING REQUIREMENT. skill levels in reading, writing, and speaking els agreed to under this clause shall be con- ‘‘(a) STATE DISTRIBUTION OF FUNDS.—Each the English language and basic math, lead- sidered to be the eligible agency adjusted eligible agency receiving a grant under this ing to proficiency in each skill. levels of performance for the eligible agency title for a fiscal year— ‘‘(ii) Receipt of a secondary school diploma for such years and shall be incorporated into ‘‘(1) shall use an amount not less than 82.5 or the General Equivalency Diploma (GED) the State plan. percent of the grant funds to award grants (including recognized alternative standards ‘‘(vi) REVISIONS.—If unanticipated cir- and contracts under section 231 and to carry for individuals with disabilities). cumstances arise in a State resulting in a out section 225, of which not more than 10 ‘‘(iii) Placement in postsecondary edu- significant change in the factors described in percent of such amount shall be available to cation or other training programs. clause (iv)(I), the eligible agency may re- carry out section 225; ‘‘(B) EMPLOYMENT PERFORMANCE INDICA- quest that the eligible agency adjusted levels ‘‘(2) shall use not more than 12.5 percent of TORS.—Consistent with applicable Federal of performance agreed to under clause (iii) or the grant funds to carry out State leadership and State privacy laws, an eligible agency (v) be revised. activities under section 223; and shall identify in the State plan the following ‘‘(B) LEVELS OF EMPLOYMENT PERFORM- ‘‘(3) shall use not more than 5 percent of individual participant employment perform- ANCE.—The eligible agency shall identify, in the grant funds, or $75,000, whichever is ance indicators— the State plan, eligible agency levels of per- greater, for the administrative expenses of ‘‘(i) entry into employment; formance for each of the employment per- the eligible agency. ‘‘(ii) retention in employment; and formance indicators described in paragraph ‘‘(b) MATCHING REQUIREMENT.— ‘‘(iii) increase in earnings. (2)(B). Such levels shall be considered to be ‘‘(1) IN GENERAL.—In order to receive a ‘‘(3) LEVELS OF PERFORMANCE.— eligible agency adjusted levels of perform- grant from the Secretary under section ‘‘(A) ELIGIBLE AGENCY ADJUSTED LEVELS OF ance for purposes of this title. 211(b), each eligible agency shall provide, for PERFORMANCE FOR CORE INDICATORS.— ‘‘(c) REPORT.— the costs to be incurred by the eligible agen- ‘‘(i) IN GENERAL.—For each eligible agency ‘‘(1) IN GENERAL.—Each eligible agency cy in carrying out the adult basic skills and submitting a State plan, there shall be es- that receives a grant under section 211(b) family literacy education programs for tablished, in accordance with this subpara- shall annually prepare and submit to the which the grant is awarded, a non-Federal graph, levels of performance for each of the Secretary, the Governor, the State legisla- contribution in an amount at least equal core indicators of performance described in ture, eligible providers, and the general pub- to— paragraph (2)(A) for adult basic skills and lic within the State, a report on the progress ‘‘(A) in the case of an eligible agency serv- family literacy education programs author- of the eligible agency in achieving eligible ing an outlying area, 12 percent of the total ized under this title. The levels of perform- agency performance measures, including the amount of funds expended for adult basic ance established under this subparagraph following: skills and family literacy education pro- shall, at a minimum— ‘‘(A) Information on the levels of perform- grams in the outlying area, except that the ‘‘(I) be expressed in an objective, quantifi- ance achieved by the eligible agency with re- Secretary may decrease the amount of funds able, and measurable form; and spect to the core indicators of performance required under this subparagraph for an eli- ‘‘(II) show the progress of the eligible agen- and employment performance indicators. gible agency; and cy toward continuously and significantly im- ‘‘(B) The number and type of each eligible ‘‘(B) in the case of an eligible agency serv- proving the agency’s performance outcomes provider that receives funding under such ing a State, 25 percent of the total amount of in an objective, quantifiable, and measurable grant. funds expended for adult basic skills and form. ‘‘(2) INFORMATION DISSEMINATION.—The Sec- family literacy education programs in the ‘‘(ii) IDENTIFICATION IN STATE PLAN.—Each retary— State. eligible agency shall identify, in the State ‘‘(A) shall make the information contained ‘‘(2) NON-FEDERAL CONTRIBUTION.—An eligi- plan submitted under section 224, expected in such reports available to the general pub- ble agency’s non-Federal contribution re- levels of performance for each of the core in- lic through publication and other appro- quired under paragraph (1) may be provided dicators of performance for the first 3 pro- priate methods; in cash or in kind, fairly evaluated, and shall gram years covered by the State plan. ‘‘(B) shall disseminate State-by-State com- include only non-Federal funds that are used ‘‘(iii) AGREEMENT ON ELIGIBLE AGENCY AD- parisons of the information; and for adult basic skills and family literacy JUSTED LEVELS OF PERFORMANCE FOR FIRST 3 ‘‘(C) shall provide the appropriate commit- education programs in a manner that is con- YEARS.—In order to ensure an optimal return tees of the Congress with copies of such re- sistent with the purpose of this title. on the investment of Federal funds in adult ports. ‘‘SEC. 223. STATE LEADERSHIP ACTIVITIES. basic skills and family literacy education ‘‘SEC. 213. INCENTIVE GRANTS FOR STATES. ‘‘(a) IN GENERAL.—Each eligible agency programs authorized under this title, the ‘‘(a) IN GENERAL.—From funds appro- may use funds made available under section Secretary and each eligible agency shall priated under section 211(a)(2), the Secretary 222(a)(2) for any of the following adult basic reach agreement on levels of student pro- may award grants to States for exemplary skills and family literacy education pro- ficiency for each of the core indicators of performance in carrying out programs under grams: performance, for the first 3 program years this title. Such awards shall be based on ‘‘(1) The establishment or operation of pro- covered by the State plan, taking into ac- States meeting or exceeding the core indica- fessional development programs to improve count the levels identified in the State plan tors of performance established under sec- the quality of instruction provided pursuant under clause (ii) and the factors described in tion 212(b)(2)(A) and may be based on the per- to local activities required under section

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2004 CONGRESSIONAL RECORD — SENATE S7857 231(b), including instruction incorporating ‘‘(2) a description of the adult basic skills ‘‘(10) a description of the eligible agency’s the essential components of reading instruc- and family literacy education programs that strategies for serving populations that in- tion and instruction provided by volunteers will be carried out with funds received under clude, at a minimum— or by personnel of a State or outlying area. this title; ‘‘(A) low-income individuals; ‘‘(2) The provision of technical assistance ‘‘(3) a description of how the eligible agen- ‘‘(B) individuals with disabilities; to eligible providers of adult basic skills and cy will evaluate and measure annually the ‘‘(C) the unemployed; family literacy education programs for de- effectiveness and improvement of the adult ‘‘(D) the underemployed; and velopment and dissemination of scientific re- basic skills and family literacy education ‘‘(E) individuals with multiple barriers to search-based instructional practices in read- programs based on the performance meas- educational enhancement, including individ- ing, writing, speaking, math, and English ures described in section 212 including— uals with limited English proficiency; language acquisition programs. ‘‘(A) how the eligible agency will evaluate ‘‘(11) a description of how the adult basic ‘‘(3) The provision of assistance to eligible and measure annually such effectiveness on skills and family literacy education pro- providers in developing, implementing, and a grant-by-grant basis; and grams that will be carried out with any reporting measurable progress in achieving ‘‘(B) how the eligible agency— funds received under this title will be inte- the objectives of this title. ‘‘(i) will hold eligible providers account- grated with other adult education, career de- ‘‘(4) The provision of technology assist- able regarding the progress of such providers velopment, and employment and training ac- ance, including staff training, to eligible pro- in improving the academic achievement of tivities in the State or outlying area served viders of adult basic skills and family lit- participants in adult education programs by the eligible agency; eracy education programs, including dis- under this title and regarding the core indi- ‘‘(12) a description of the steps the eligible tance learning activities, to enable the eligi- cators of performance described in section agency will take to ensure direct and equi- ble providers to improve the quality of such 212(b)(2)(A); and table access, as required in section 231(c)(1), activities. ‘‘(ii) will use technical assistance, sanc- including— ‘‘(5) The development and implementation tions, and rewards (including allocation of ‘‘(A) how the State will build the capacity of technology applications or distance learn- grant funds based on performance and termi- of community-based and faith-based organi- ing, including professional development to nation of grant funds based on nonperform- zations to provide adult basic skills and fam- support the use of instructional technology. ance); ily literacy education programs; and ‘‘(6) Coordination with other public pro- ‘‘(4) a description of the performance meas- ‘‘(B) how the State will increase the par- grams, including welfare-to-work, workforce ures described in section 212 and how such ticipation of business and industry in adult development, and job training programs. performance measures have significantly im- basic skills and family literacy education ‘‘(7) Coordination with existing support proved adult basic skills and family literacy programs; and services, such as transportation, child care, education programs in the State or outlying ‘‘(13) a description of how the eligible agen- and other assistance designed to increase area; cy will consult with any State agency re- rates of enrollment in, and successful com- ‘‘(5) an assurance that the eligible agency sponsible for postsecondary education to de- pletion of, adult basic skills and family lit- will, in addition to meeting all of the other velop adult education that prepares students eracy education programs, for adults en- requirements of this title, award not less to enter postsecondary education without than one grant under this title to an eligible rolled in such activities. the need for remediation upon completion of provider that— secondary school equivalency programs. ‘‘(8) The development and implementation ‘‘(A) offers flexible schedules and necessary ‘‘(c) PLAN REVISIONS.—When changes in of a system to assist in the transition from support services (such as child care and conditions or other factors require substan- adult basic education to postsecondary edu- transportation) to enable individuals, includ- tial revisions to an approved State plan, the cation. ing individuals with disabilities, or individ- eligible agency shall submit the revisions of ‘‘(9) Activities to promote workplace lit- uals with other special needs, to participate the State plan to the Secretary. eracy programs. in adult basic skills and family literacy edu- ‘‘(d) CONSULTATION.—The eligible agency ‘‘(10) Activities to promote and com- cation programs; and shall— plement local outreach initiatives described ‘‘(B) attempts to coordinate with support ‘‘(1) submit the State plan, and any revi- in section 242(7). services that are not provided under this sions to the State plan, to the Governor, the ‘‘(11) Other activities of statewide signifi- title prior to using funds for adult basic chief State school officer, or the State offi- cance, including assisting eligible agencies skills and family literacy education pro- cer responsible for administering community in achieving progress in improving the skill grams provided under this title for support or technical colleges, or outlying area for re- levels of adults who participate in programs services; view and comment; and under this title. ‘‘(6) an assurance that the funds received ‘‘(2) ensure that any comments regarding ‘‘(b) COORDINATION.—In carrying out this under this title will not be expended for any the State plan by the Governor, the chief section, eligible agencies shall coordinate purpose other than for activities under this State school officer, or the State officer re- where possible, and avoid duplicating efforts, title; sponsible for administering community or in order to maximize the impact of the ac- ‘‘(7) a description of how the eligible agen- technical colleges, and any revision to the tivities described in subsection (a). cy will fund local activities in accordance State plan, are submitted to the Secretary. ‘‘(c) STATE-IMPOSED REQUIREMENTS.— with the measurable goals described in sec- ‘‘(e) PLAN APPROVAL.—A State plan sub- Whenever a State or outlying area imple- tion 231(d); mitted to the Secretary shall be approved by ments any rule or policy relating to the ad- ‘‘(8) an assurance that the eligible agency the Secretary only if the plan is consistent ministration or operation of a program au- will expend the funds under this title only in with the specific provisions of this title. thorized under this title that has the effect a manner consistent with fiscal require- ‘‘SEC. 225. PROGRAMS FOR CORRECTIONS EDU- of imposing a requirement that is not im- ments in section 241; CATION AND OTHER INSTITU- posed under Federal law (including any rule ‘‘(9) a description of the process that will TIONALIZED INDIVIDUALS. or policy based on a State or outlying area be used for public participation and com- ‘‘(a) PROGRAM AUTHORIZED.—From funds interpretation of a Federal statute, regula- ment with respect to the State plan, which made available under section 222(a)(1) for a fiscal year, each eligible agency shall carry tion, or guideline), the State or outlying process— out corrections education and education for area shall identify, to eligible providers, the ‘‘(A) shall include consultation with the other institutionalized individuals. rule or policy as being imposed by the State State workforce investment board, the State or outlying area. ‘‘(b) USES OF FUNDS.—The funds described board responsible for administering commu- in subsection (a) shall be used for the cost of ‘‘SEC. 224. STATE PLAN. nity or technical colleges, the Governor, the educational programs for criminal offenders ‘‘(a) 6-YEAR PLANS.— State educational agency, the State board or in correctional institutions and for other in- ‘‘(1) IN GENERAL.—Each eligible agency de- agency responsible for administering block stitutionalized individuals, including aca- siring a grant under this title for any fiscal grants for temporary assistance to needy demic programs for— year shall submit to, or have on file with, families under title IV of the Social Security ‘‘(1) basic skills education; the Secretary a 6-year State plan. Act, the State council on disabilities, the ‘‘(2) special education programs as deter- ‘‘(2) COMPREHENSIVE PLAN OR APPLICA- State vocational rehabilitation agency, mined by the eligible agency; TION.—The eligible agency may submit the other State agencies that promote the im- ‘‘(3) reading, writing, speaking, and math State plan as part of a comprehensive plan provement of adult basic skills and family programs; and or application for Federal education assist- literacy education programs, and direct pro- ‘‘(4) secondary school credit or diploma ance. viders of such programs; and programs or their recognized equivalent. ‘‘(b) PLAN CONTENTS.—The eligible agency ‘‘(B) may include consultation with the ‘‘(c) PRIORITY.—Each eligible agency that shall include in the State plan or any revi- State agency on higher education, institu- is using assistance provided under this sec- sions to the State plan— tions responsible for professional develop- tion to carry out a program for criminal of- ‘‘(1) an objective assessment of the needs of ment of adult basic skills and family lit- fenders within a correctional institution individuals in the State or outlying area for eracy education programs instructors, rep- shall give priority to serving individuals who adult basic skills and family literacy edu- resentatives of business and industry, ref- are likely to leave the correctional institu- cation programs, including individuals most ugee assistance programs, and faith-based tion within 5 years of participation in the in need or hardest to serve; organizations; program.

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‘‘(d) DEFINITIONS.—For purposes of this sec- as appropriate, including the use of com- ment, and interagency coordination, the eli- tion: puters; gible provider may negotiate with the eligi- ‘‘(1) CORRECTIONAL INSTITUTION.—The term ‘‘(7) the activities provide instruction in ble agency in order to determine an adequate ‘correctional institution’ means any— real-life contexts, when appropriate and sci- level of funds to be used for noninstructional ‘‘(A) prison; entifically based, to ensure that an indi- purposes. ‘‘(B) jail; vidual has the skills needed to compete in ‘‘CHAPTER 4—GENERAL PROVISIONS ‘‘(C) reformatory; the workplace and exercise the rights and re- ‘‘SEC. 241. ADMINISTRATIVE PROVISIONS. ‘‘(D) work farm; sponsibilities of citizenship; ‘‘(a) SUPPLEMENT NOT SUPPLANT.—Funds ‘‘(E) detention center; or ‘‘(8) the activities are staffed by well- made available for adult basic skills and ‘‘(F) halfway house, community-based re- trained instructors, counselors, and adminis- family literacy education programs under habilitation center, or any other similar in- trators; this title shall supplement and not supplant stitution designed for the confinement or re- ‘‘(9) the activities are coordinated with other State or local public funds expended habilitation of criminal offenders. other available resources in the community, for adult basic skills and family literacy ‘‘(2) CRIMINAL OFFENDER.—The term ‘crimi- such as through strong links with elemen- education programs. nal offender’ means any individual who is tary schools and secondary schools, postsec- ‘‘(b) MAINTENANCE OF EFFORT.— charged with, or convicted of, any criminal ondary educational institutions, one-stop ‘‘(1) IN GENERAL.— offense. centers, job training programs, community- ‘‘(A) DETERMINATION.—An eligible agency ‘‘CHAPTER 3—LOCAL PROVISIONS based and faith-based organizations, and so- may receive funds under this title for any ‘‘SEC. 231. GRANTS AND CONTRACTS FOR ELIGI- cial service agencies; fiscal year if the Secretary finds that the fis- BLE PROVIDERS. ‘‘(10) the activities offer flexible schedules cal effort per student or the aggregate ex- ‘‘(a) GRANTS AND CONTRACTS.—From grant and support services (such as child care and penditures of such eligible agency for activi- funds made available under section 211(b), transportation) that are necessary to enable ties under this title, in the second preceding each eligible agency shall award multiyear individuals, including individuals with dis- fiscal year, were not less than 90 percent of grants or contracts, on a competitive basis, abilities or other special needs, to attend and the fiscal effort per student or the aggregate to eligible providers within the State or out- complete programs; expenditures of such eligible agency for lying area that meet the conditions and re- ‘‘(11) the activities include a high-quality adult basic skills and family literacy edu- quirements of this title to enable the eligible information management system that has cation programs, in the third preceding fis- providers to develop, implement, and im- the capacity to report measurable partici- cal year. prove adult basic skills and family literacy pant outcomes and to monitor program per- ‘‘(B) PROPORTIONATE REDUCTION.—Subject education programs within the State. formance against the performance measures to paragraphs (2), (3), and (4), for any fiscal ‘‘(b) LOCAL ACTIVITIES.—The eligible agen- established by the eligible agency; year with respect to which the Secretary de- cy shall require eligible providers receiving a ‘‘(12) the local communities have a dem- termines under subparagraph (A) that the grant or contract under subsection (a) to es- onstrated need for additional English lan- fiscal effort or the aggregate expenditures of tablish or operate one or more programs of guage acquisition programs; an eligible agency for the preceding program instruction that provide services or instruc- ‘‘(13) the capacity of the eligible provider year were less than such effort or expendi- tion in one or more of the following cat- to produce valid information on performance tures for the second preceding program year, egories: results, including enrollments and measur- the Secretary— ‘‘(1) Adult basic skills and family literacy able participant outcomes; ‘‘(i) shall determine the percentage de- education programs (including proficiency in ‘‘(14) adult basic skills and family literacy creases in such effort or in such expendi- reading, writing, speaking, and math). education programs offer rigorous reading, tures; and ‘‘(2) Workplace literacy programs. writing, speaking, and math content that are ‘‘(ii) shall decrease the payment made ‘‘(3) English language acquisition pro- based on scientific research; and under this title for such program year to the grams. ‘‘(15) applications of technology, and serv- agency for adult basic skills and family lit- ‘‘(4) Family literacy education programs. ices to be provided by the eligible providers, eracy education programs by the lesser of ‘‘(c) DIRECT AND EQUITABLE ACCESS; SAME are of sufficient intensity and duration to in- such percentages. PROCESS.—Each eligible agency receiving ‘‘(2) COMPUTATION.—In computing the fiscal funds under this title shall ensure that— crease the amount and quality of learning and lead to measurable learning gains within effort and aggregate expenditures under ‘‘(1) all eligible providers have direct and paragraph (1), the Secretary shall exclude specified time periods. equitable access to apply for grants or con- capital expenditures and special one-time ‘‘(e) SPECIAL RULE.—Eligible providers may tracts under this section; and use grant funds under this title to serve chil- project costs. ‘‘(2) the same grant or contract announce- dren participating in family literacy pro- ‘‘(3) DECREASE IN FEDERAL SUPPORT.—If the ment process and application process is used amount made available for adult basic skills grams assisted under this part, provided that for all eligible providers in the State or out- and family literacy education programs other sources of funds available to provide lying area. under this title for a fiscal year is less than similar services for such children are used ‘‘(d) MEASURABLE GOALS.—The eligible the amount made available for adult basic first. agency shall require eligible providers re- skills and family literacy education pro- ceiving a grant or contract under subsection ‘‘SEC. 232. LOCAL APPLICATION. grams under this title for the preceding fis- (a) to demonstrate— ‘‘Each eligible provider desiring a grant or cal year, then the fiscal effort per student ‘‘(1) the eligible provider’s measurable contract under this title shall submit an ap- and the aggregate expenditures of an eligible goals for participant outcomes to be plication to the eligible agency containing agency required in order to avoid a reduction achieved annually on the core indicators of such information and assurances as the eligi- under paragraph (1)(B) shall be decreased by performance and employment performance ble agency may require, including— the same percentage as the percentage de- indicators described in section 212(b)(2); ‘‘(1) a description of how funds awarded crease in the amount so made available. ‘‘(2) the past effectiveness of the eligible under this title will be spent consistent with ‘‘(4) WAIVER.—The Secretary may waive provider in improving the basic academic the requirements of this title; the requirements of this subsection for not skills of adults and, for eligible providers re- ‘‘(2) a description of any cooperative ar- more than 1 fiscal year, if the Secretary de- ceiving grants in the prior year, the success rangements the eligible provider has with termines that a waiver would be equitable of the eligible provider receiving funding other agencies, institutions, or organizations due to exceptional or uncontrollable cir- under this title in meeting or exceeding its for the delivery of adult basic skills and fam- cumstances, such as a natural disaster or an performance goals in the prior year; ily literacy education programs; and unforeseen and precipitous decline in the fi- ‘‘(3) the commitment of the eligible pro- ‘‘(3) each of the demonstrations required nancial resources of the State or outlying vider to serve individuals in the community by section 231(d). area of the eligible agency. If the Secretary who are the most in need of basic academic ‘‘SEC. 233. LOCAL ADMINISTRATIVE COST LIMITS. grants a waiver under the preceding sentence skills instruction services, including individ- ‘‘(a) IN GENERAL.—Subject to subsection for a fiscal year, the level of effort required uals who are low-income or have minimal (b), of the amount that is made available under paragraph (1) shall not be reduced in reading, writing, speaking, and math skills, under this title to an eligible provider— the subsequent fiscal year because of the or limited English proficiency; ‘‘(1) at least 95 percent shall be expended waiver. ‘‘(4) the program— for carrying out adult basic skills and family ‘‘SEC. 242. NATIONAL LEADERSHIP ACTIVITIES. ‘‘(A) is of sufficient intensity and duration literacy education programs; and ‘‘The Secretary shall establish and carry for participants to achieve substantial learn- ‘‘(2) the remaining amount shall be used out a program of national leadership activi- ing gains; and for planning, administration, personnel and ties that may include the following: ‘‘(B) uses instructional practices that in- professional development, development of ‘‘(1) Technical assistance, on request, in- clude the essential components of reading in- measurable goals in reading, writing, speak- cluding assistance— struction; ing, and math, and interagency coordination. ‘‘(A) on requests to volunteer community- ‘‘(5) educational practices are based on sci- ‘‘(b) SPECIAL RULE.—In cases where the and faith-based organizations, including but entifically based research; cost limits described in subsection (a) are not limited to, improving their fiscal man- ‘‘(6) the activities of the eligible provider too restrictive to allow for adequate plan- agement, research-based instruction, and re- effectively employ advances in technology, ning, administration, personnel develop- porting requirements, and the development

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2004 CONGRESSIONAL RECORD — SENATE S7859 of measurable objectives to carry out the re- based reading research, and that can lead to (6) ensure that the Institute’s standards for quirements of this title; improved reading outcomes for children, research quality are consistent with those ‘‘(B) in developing valid, measurable, and youth, and adults; promulgated by the Institute for Education reliable performance data, and using per- (4) developing print and electronic mate- Sciences. formance information for the improvement rials that describe and model the application (b) OFFICES.—The Institute shall have sep- of adult basic skills and family literacy edu- of scientifically based reading research; arate offices from the Department of Edu- cation programs; (5) providing national and regional reading cation, the Department of Labor, and the De- ‘‘(C) on adult education professional devel- leadership for State and local personnel for partment of Health and Human Services, and opment; and the application and implementation of sci- shall have maximum flexibility in its oper- ‘‘(D) in using distance learning and im- entifically based reading research; ations to carry out the purposes of the Insti- proving the application of technology in the (6) coordinating efforts among Federal tute. classroom. agencies, especially the Department of (c) ADMINISTRATIVE SUPPORT.—The Sec- ‘‘(2) Providing for the conduct of research Labor, the Department of Health and Human retary of Education shall provide adminis- on national literacy basic skill acquisition Services, and the National Institute of Child trative support for the Institute, including levels among adults, including the number of Health and Human Development, that pro- the administration of grants, contracts and adults functioning at different levels of read- vide reading programs, conduct research, and cooperative agreements, personnel, legal ing proficiency. provide services to recipients of Federal fi- counsel, and payroll. ‘‘(3) Improving the coordination, effi- nancial assistance under titles I and III of SEC. 214. DUTIES. the Elementary and Secondary Education ciency, and effectiveness of adult education (a) IN GENERAL.—In order to provide lead- Act of 1965, the Head Start Act, the Individ- and workforce development services at the ership for the improvement and expansion of uals with Disabilities Education Act, and the national, State, and local levels. the system for delivery of scientifically Adult Basic Skills and Family Literacy Edu- ‘‘(4) Determining how participation in based reading instructional practices, the Di- cation Act, and each Bureau funded school adult basic skills and family literacy edu- rector of the Institute shall— (as defined in title XI of the Education cation programs prepares individuals for (1) establish a national electronic database Amendments of 1978 (25 U.S.C. 2001 et seq.)); entry into and success in postsecondary edu- of effective reading programs for children, cation and employment, and in the case of and (7) informing the Congress, Federal depart- youth, and adults that include the essential prison-based services, the effect on recidi- components of reading instruction, and dis- vism. ments and agencies, schools of education, and the public of successful local, State, and seminate such information to parents, teach- ‘‘(5) Evaluating how different types of pro- ers, State and Federal elected officials, and viders, including community and faith-based Federal program activities in reading in- struction that are determined to be effective the public; organizations or private for-profit agencies (2) develop print and electronic materials measurably improve the skills of partici- based on the findings of scientifically based reading research. for professional development that provide pants in adult basic skills and family lit- applications of scientifically based reading SEC. 212. ESTABLISHMENT. eracy education programs. research, and instructional practices in read- (a) IN GENERAL.—There is established the ‘‘(6) Identifying model integrated basic and ing for children, youth, and adults; workplace skills education programs, coordi- National Institute for Literacy. The Insti- tute shall be administered, in accordance (3) provide technical assistance to the Con- nated literacy and employment services, and gress, school Boards, Federal agencies, State effective strategies for serving adults with with this part, under the supervision and di- rection of a Director. There shall be an departments of education, adult education disabilities. agreement between an Interagency Group programs, local school districts, local public ‘‘(7) Supporting the development of an en- (comprised of the Secretary of Education, and private schools, and schools of edu- tity that would produce and distribute tech- the Secretary of Labor, and the Secretary of cation, on scientifically based reading in- nology-based programs and materials for Health and Human Services) and the Insti- structional practices including diagnostic adult basic skills and family literacy edu- tute on how the purposes of the Institute and assessment instruments and instruc- cation programs using an intercommunica- may be achieved effectively. Such agree- tional materials; tion system, as that term is defined in sec- ment— (4) collaborate and support Federal re- tion 397 of the Communications Act of 1934 (1) shall be regularly reviewed, and modi- search programs in reading instruction, in- (47 U.S.C. 397), and expand the effective out- fied as needed to remain current with any cluding, where appropriate, those areas of reach and use of such programs and mate- changes in the purposes of the Institute; and study addressed by the National Institute of rials to adult education eligible providers. (2) shall be updated no later than 1 year Child Health and Human Development, the ‘‘(8) Initiating other activities designed to after the enactment of this part. Institute for Education Sciences, the Na- improve the measurable quality and effec- (b) DIRECTOR.— tional Science Foundation, the Department tiveness of adult basic skills and family lit- (1) APPOINTMENT.—The Interagency Group of Labor, and the National Research Council; eracy education programs nationwide.’’. shall appoint a Director of the Institute, who (5) coordinate with the Department of Edu- PART B—NATIONAL INSTITUTE FOR has an understanding of, supports, and is fa- cation, the Department of Labor, the Depart- LITERACY miliar with scientifically based reading re- ment of Health and Human Services, and the SEC. 211. SHORT TITLE; PURPOSE. search, instruction, and professional devel- National Institute of Child Health and (a) SHORT TITLE.—This part may be cited opment applicable to children, youth, and Human Development on all programs that as the ‘‘National Institute for Literacy Es- adults. If a vacancy in the position of the Di- include improving reading instructional tablishment Act’’. rector of the Institute occurs, the Inter- practices for children, youth, and adults, and (b) PURPOSE.—The purpose of this part is to agency Group shall appoint an Interim Di- teacher training in reading instructional establish a National Institute for Literacy to rector until such time as a new Director can practices; provide national leadership in promoting be appointed. (6) use and support the collection of the reading research, reading instruction, and (2) PAY.—The Director of the Institute best possible information in carrying out professional development in reading based on shall receive the rate of basic pay for level this section, and where appropriate, includ- scientifically based research by— IV of the Executive Schedule. ing reviews of research on instruction using (1) disseminating widely information on (3) TERM.—The Director of the Institute the criteria for quality identified by the In- scientifically based reading research to im- shall be appointed for an initial term of 3 stitute for Education Sciences; prove academic achievement for children, years and may serve not more than 1 addi- (7) conduct reviews of research, including youth, and adults; tional term of 3 years. randomized field trials, on reading programs, (2) identifying and disseminating informa- SEC. 213. ADMINISTRATION. and conduct reviews of Federal reading poli- tion about schools, local educational agen- (a) IN GENERAL.—The Director of the Insti- cies and reading program implementation cies, and State educational agencies that tute shall be responsible for administering using a board of visitors as described in sub- have effectively developed and implemented the Institute. The Director of the Institute chapter 300 of the National Science Founda- classroom reading programs that meet the shall— tion Administrative Manual; and requirements of subpart 1 of part B of title I (1) provide leadership for the Institute, (8) develop an Internet site that provides of the Elementary and Secondary Education consistent with the purposes described in useful information to educators and the pub- Act of 1965 (20 U.S.C. 6361 et seq.), including section 211(b); lic on reading literacy that is consistent those State educational agencies, local edu- (2) supervise all employees in the Institute; with the purposes described in section 211(b). cational agencies, and schools that are iden- (3) assign responsibility to carry out the (b) GRANTS, CONTRACTS, AND COOPERATIVE tified as effective through the External Eval- duties of the Institute among officers ad em- AGREEMENTS.—The Institute may award uation of Reading First under section 1205 of ployees, and offices of the Institute; grants to, or enter into contracts or coopera- the Elementary and Secondary Education (4) prepare requests for appropriations for tive agreements with, individuals, public or Act of 1965 (20 U.S.C. 6365); the Institute and submit those requests to private institutions, agencies, organizations, (3) serving as a national resource for infor- the Interagency Group; or other legal entities to carry out the ac- mation on reading instruction programs that (5) oversee the expenditure of all funds al- tivities of the Institute. contain the essential components of reading located for the Institute to carry out the (c) RELATION TO OTHER LAWS.—The duties instruction as supported by scientifically purposes under section 211(b); and and powers of the Institute under this part

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7860 CONGRESSIONAL RECORD — SENATE July 8, 2004 are in addition to the duties and powers of pointed for not more than 2 consecutive SEC. 222. DEFINITIONS. the Institute under subparts 1, 2, and 3 of terms. For purposes of this part— part B of the Elementary and Secondary (2) VACANCIES.—Any member appointed to (1) the term ‘‘Board’’ means the National Education Act of 1965 (20 U.S.C. 1201 et seq.) fill a vacancy occurring before the expira- Institute for Literacy Advisory Board; (commonly referred to as Reading First, tion of the term for which the member’s (2) the term ‘‘Institute’’ means the Na- Early Reading First, and the William F. predecessor was appointed shall be appointed tional Institute for Literacy; Goodling Even Start Family Literacy Pro- only for the remainder of that term. A mem- (3) the term ‘‘Interagency Group’’ means grams, respectively). ber may serve after the expiration of that the Secretary of Education, the Secretary of SEC. 215. LEADERSHIP IN SCIENTIFICALLY member’s term until a successor has taken Labor, and the Secretary of Health and BASED READING INSTRUCTION. office. Human Services; (a) IN GENERAL.—The Director of the Insti- (e) QUORUM.—A majority of the members of (4) the term ‘‘literacy’’ means the ability tute may award fellowships, with such sti- the Board shall constitute a quorum, but a to read, write, and speak the English lan- pends and allowances as necessary, to out- lesser number may hold hearings. Any rec- guage with competence, knowledge, and standing individuals who are pursuing ca- ommendation of the Board may be passed comprehension; and reers in scientifically based research in read- only by a majority of the Board members (5) the terms ‘‘reading’’, ‘‘scientifically ing instruction or pre-service or in-service present. based reading research’’, and ‘‘essential com- training in reading instruction, including (f) ELECTION OF OFFICERS.—The Chair- ponents of reading instruction’’ have the teaching children and adults to read. person and Vice Chairperson of the Board meanings given those terms in section 1208 of shall be elected by the members of the (b) FELLOWSHIPS.—Fellowships awarded part B of title I of the Elementary and Sec- under this subsection shall be used, under Board. The term of office of the Chairperson ondary Education Act of 1965 (20 U.S.C. 6368). the auspices of the Institute, to engage in re- and Vice Chairperson shall be 2 years. SEC. 223. AUTHORIZATION OF APPROPRIATIONS. (g) MEETINGS.—The Board shall meet at search, education training, technical assist- There are authorized to be appropriated to the call of the Chairperson, or a majority of ance, or other activities to advance the field administer and carry out this part $6,700,000 the members of the Board, but not less than for fiscal year 2004 and such sums as may be of scientifically based reading instruction quarterly. for children, youth, and adults, including the necessary for each of the 5 succeeding fiscal SEC. 217. GIFTS, BEQUESTS, AND DEVISES. training of volunteers in such reading skills years. (a) IN GENERAL.—The Institute may accept, instruction. SEC. 224. RESERVATION. administer, and use gifts or donations of (c) INTERNS AND VOLUNTEERS.—The Direc- From amounts appropriated to the Insti- services, money, or property, whether real or tor of the Institute may award paid and un- tute, the Director of the Institute may use personal, tangible or intangible. not more than 5 percent of such amounts for paid internships to individuals seeking to as- ULES.—The Director of the Institute (b) R the administration of information dissemi- sist the Institute in carrying out its mission. shall establish written rules setting forth nation under section 1207 of the Elementary Notwithstanding section 1342 of title 31, the criteria to be used by the Institute in de- and Secondary Education Act of 1965 (20 United States Code, the Institute may accept termining whether the acceptance of con- U.S.C. 6367). and use voluntary and uncompensated serv- tributions of services, money, or property ices as the Institute deems necessary. whether real or personal, tangible or intan- SEC. 225. AUTHORITY TO PUBLISH. The Institute, including the Board, may SEC. 216. NATIONAL INSTITUTE FOR LITERACY gible, would reflect unfavorably upon the prepare, publish, and present (including ADVISORY BOARD. ability of the Institute or any employee to through oral presentations) such research- (a) ESTABLISHMENT.— carry out the responsibilities of the Institute based information and research reports as (1) IN GENERAL.—There shall be a National or employee, or official duties, in a fair and needed to carry out the purposes and mission Institute for Literacy Advisory Board, which objective manner, or would compromise the of the Institute. shall consist of 10 individuals appointed by integrity or the appearance of the integrity the President with the advice and consent of of the Institute’s programs or any official in- PART C—GENERAL PROVISIONS the Senate. volved in those programs. SEC. 241. TRANSITION. (2) COMPOSITION.—The Board shall be com- SEC. 218. MAILS. The Secretary shall take such actions as prised of individuals who are not otherwise The Board and the Institute may use the the Secretary determines to be appropriate officers or employees of the Federal Govern- United States mails in the same manner and to provide for the orderly implementation of ment and who are knowledgeable about sci- under the same conditions as other depart- this title. entifically based reading instruction, and the ments and agencies of the United States. TITLE III—AMENDMENTS TO THE findings of scientifically based reading re- SEC. 219. APPLICABILITY OF CERTAIN CIVIL WAGNER-PEYSER ACT search. The members of the Board may in- SERVICE LAWS. SEC. 301. AMENDMENTS TO THE WAGNER-PEYSER clude— The Director of the Institute and the staff ACT. (A) representatives from teacher training of the Institute may be appointed without The Wagner-Peyser Act (29 U.S.C. 49 et. institutions where scientifically based read- regard to the provisions of title 5, United seq.) is amended— ing instruction is a major component of pre- States Code, governing appointments in the (1) by striking sections 1 through 13; service training; competitive service, and may be paid with- (2) in section 14 by inserting ‘‘of Labor’’ (B) teachers who have been successful in out regard to the provisions of chapter 51 and after ‘‘Secretary’’; and teaching children to read proficiently; subchapter III of chapter 53 of that title re- (3) by amending section 15 to read as fol- (C) members of the business community lating to classification and General Schedule lows: who have developed successful employee pay rates, except that an individual so ap- ‘‘SEC. 15. WORKFORCE AND LABOR MARKET IN- reading instruction programs; pointed may not receive pay in excess of the FORMATION SYSTEM. (D) volunteer tutors in reading who are annual rate of basic pay payable for level IV ‘‘(a) SYSTEM CONTENT.— using scientifically based reading instruc- of the Executive Schedule. ‘‘(1) IN GENERAL.—The Secretary of Labor, tion; SEC. 220. EXPERTS AND CONSULTANTS. in accordance with the provisions of this sec- (E) reading researchers who have con- The Institute may procure temporary and tion, shall oversee the development, mainte- ducted scientifically based research; and intermittent services under section 3109(b) of nance, and continuous improvement of a na- (F) other qualified individuals knowledge- title 5, United States Code. tionwide workforce and labor market infor- able about scientifically based reading in- SEC. 221. REPORT. mation system that includes— struction, including adult education. (a) IN GENERAL.—The Institute shall sub- ‘‘(A) statistical data from cooperative sta- (b) DUTIES.—The Board shall— mit a biennial report to the Committee on tistical survey and projection programs and (1) provide advice to the Director of the In- Education and the Workforce of the House of data from administrative reporting systems stitute to ensure that the purposes of the In- Representatives and the Committee on that, taken together, enumerate, estimate, stitute under section 211 are carried out ef- Health, Education, Labor, and Pensions of and project employment opportunities and fectively; and the Senate. Each report submitted under conditions at national, State, and local lev- (2) approve the annual report to the Con- this section shall include— els in a timely manner, including statistics gress; (1) a comprehensive and detailed descrip- on— (c) FEDERAL ADVISORY COMMITTEE ACT.— tion of the Institute’s operations, activities, ‘‘(i) employment and unemployment status Except as otherwise provided in this part, financial condition, and accomplishments in of national, State, and local populations, in- the Board established by this section shall be carrying out the purposes of the Institute as cluding self-employed, part-time, and sea- subject to the provisions of the Federal Advi- specified in section 211, for the period cov- sonal workers; sory Committee Act (5 U.S.C. App.). ered by the report; and ‘‘(ii) industrial distribution of occupations, (d) APPOINTMENTS.— (2) a summary description of how the Insti- as well as current and projected employment (1) IN GENERAL.—Each member of the Board tute will advance the purposes of the Insti- opportunities, wages, benefits (where data is shall be appointed for a term of 3 years, ex- tute for the next biennium. available), and skill trends by occupation cept that the initial terms for members may (b) FIRST REPORT.—The Institute shall sub- and industry, with particular attention paid be 1, 2, or 3 years in order to establish a rota- mit a report under this section not later to State and local conditions; tion, in which 1⁄3 of the members are selected than 1 year after the date of enactment of ‘‘(iii) the incidence of, industrial and geo- each year. Any such member may be ap- this part. graphical location of, and number of workers

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displaced by, permanent layoffs and plant ‘‘(C) RULE OF CONSTRUCTION.—Nothing in filiated with State agencies that perform the closings; and this section shall be construed to provide im- duties described in subsection (e)(2). ‘‘(iv) employment and earnings informa- munity from the legal process for such sub- ‘‘(e) STATE RESPONSIBILITIES.— tion maintained in a longitudinal manner to mission (including any data derived from the ‘‘(1) DESIGNATION OF STATE AGENCY.—In submission) if the submission is in the pos- be used for research and program evaluation; order to receive Federal financial assistance ‘‘(B) information on State and local em- session of any person, agency, or entity under this section, the Governor of a State ployment opportunities, and other appro- other than the Federal Government or an of- shall— priate statistical data related to labor mar- ficer, employee, agent, or contractor of the ‘‘(A) designate a single State agency to be ket dynamics, which— Federal Government, or if the submission is responsible for the management of the por- ‘‘(i) shall be current and comprehensive; independently collected, retained, or pro- tions of the workforce and labor market in- ‘‘(ii) shall meet the needs identified duced for purposes other than the purposes formation system described in subsection (a) through the consultations described in sub- of this Act. that comprise a statewide workforce and paragraphs (A) and (B) of subsection (e)(2); ‘‘(b) SYSTEM RESPONSIBILITIES.— labor market information system and for the and ‘‘(1) IN GENERAL.—The workforce and labor State’s participation in the development of ‘‘(iii) shall meet the needs for the informa- market information system described in sub- the annual plan; and tion identified in section 134(d); section (a) shall be planned, administered, ‘‘(B) establish a process for the oversight of ‘‘(C) technical standards (which the Sec- overseen, and evaluated through a coopera- retary shall publish annually) for data and tive governance structure involving the Fed- such system. information described in subparagraphs (A) eral Government and States. ‘‘(2) DUTIES.—In order to receive Federal fi- and (B) that, at a minimum, meet the cri- ‘‘(2) DUTIES.—The Secretary, with respect nancial assistance under this section, the teria of chapter 35 of title 44, United States to data collection, analysis, and dissemina- State agency shall— Code; tion of labor employment statistics for the ‘‘(A) consult with State and local employ- ‘‘(D) procedures to ensure compatibility system, shall carry out the following duties: ers, participants, and local workforce invest- and additivity of the data and information ‘‘(A) Assign responsibilities within the De- ment boards about the labor market rel- described in subparagraphs (A) and (B) from partment of Labor for elements of the work- evance of the data to be collected and dis- national, State, and local levels; force and labor market information system seminated through the statewide workforce ‘‘(E) procedures to support standardization described in subsection (a) to ensure that all and labor market information system; and aggregation of data from administrative statistical and administrative data collected ‘‘(B) consult with State educational agen- reporting systems described in subparagraph is consistent with appropriate Bureau of cies and local educational agencies con- (A) of employment-related programs; Labor Statistics standards and definitions. cerning the provision of employment statis- ‘‘(F) analysis of data and information de- ‘‘(B) Actively seek the cooperation of other tics in order to meet the needs of secondary scribed in subparagraphs (A) and (B) for uses Federal agencies to establish and maintain school and postsecondary school students such as— mechanisms for ensuring complementarity who seek such information; ‘‘(i) national, State, and local policy- and nonduplication in the development and ‘‘(C) collect and disseminate for the sys- making; operation of statistical and administrative tem, on behalf of the State and localities in ‘‘(ii) implementation of Federal policies data collection activities. the State, the information and data de- (including allocation formulas); ‘‘(C) Eliminate gaps and duplication in sta- scribed in subparagraphs (A) and (B) of sub- ‘‘(iii) program planning and evaluation; tistical undertakings, with the section (a)(1); and systemization of wage surveys as an early ‘‘(D) maintain and continuously improve ‘‘(iv) researching labor market dynamics; priority. the statewide workforce and labor market ‘‘(G) wide dissemination of such data, in- ‘‘(D) In collaboration with the Bureau of information system in accordance with this formation, and analysis in a user-friendly Labor Statistics and States, develop and section; manner and voluntary technical standards maintain the elements of the workforce and ‘‘(E) perform contract and grant respon- for dissemination mechanisms; and labor market information system described sibilities for data collection, analysis, and ‘‘(H) programs of— in subsection (a), including the development dissemination for such system; ‘‘(i) training for effective data dissemina- of consistent procedures and definitions for ‘‘(F) conduct such other data collection, tion; use by the States in collecting the data and analysis, and dissemination activities as will ‘‘(ii) research and demonstration; and information described in subparagraphs (A) ensure an effective statewide workforce and ‘‘(iii) programs and technical assistance. and (B) of subsection (a)(1). labor market information system; ‘‘(2) INFORMATION TO BE CONFIDENTIAL.— ‘‘(E) Establish procedures for the system to ‘‘(G) actively seek the participation of ensure that— ‘‘(A) IN GENERAL.—No officer or employee other State and local agencies in data collec- ‘‘(i) such data and information are timely; of the Federal Government or agent of the tion, analysis, and dissemination activities ‘‘(ii) paperwork and reporting for the sys- Federal Government may— in order to ensure complementarity, compat- tem are reduced to a minimum; and ‘‘(i) use any submission that is furnished ibility, and usefulness of data; ‘‘(iii) States and localities are fully in- for exclusively statistical purposes under the ‘‘(H) participate in the development of the volved in the development and continuous provisions of this section for any purpose annual plan described in subsection (c); and improvement of the system at all levels, in- other than the statistical purposes for which ‘‘(I) utilize the quarterly records described cluding ensuring the provision, to such the submission is furnished; in section 136(f )(2) of the Workforce Invest- States and localities, of budget information ‘‘(ii) make any publication or media trans- ment Act of 1998 to assist the State and necessary for carrying out their responsibil- mittal of the data contained in the submis- other States in measuring State progress on ities under subsection (e). sion described in clause (i) that permits in- State performance measures. formation concerning individual subjects to ‘‘(c) NATIONAL ELECTRONIC TOOLS TO PRO- ‘‘(3) RULE OF CONSTRUCTION.—Nothing in VIDE SERVICES.—The Secretary is authorized be reasonably inferred by either direct or in- this section shall be construed as limiting direct means; or to assist in the development of national elec- the ability of a State agency to conduct ad- ‘‘(iii) permit anyone other than a sworn of- tronic tools that may be used to facilitate ditional data collection, analysis, and dis- ficer, employee, or agent of any Federal de- the delivery of core services described in sec- semination activities with State funds or partment or agency, or a contractor (includ- tion 134 and to provide workforce informa- with Federal funds from sources other than ing an employee of a contractor) of such de- tion to individuals through the one-stop de- this section. partment or agency, to examine an indi- livery systems descried in section 121 and vidual submission described in clause (i); through other appropriate delivery systems. ‘‘(f) NONDUPLICATION REQUIREMENT.—None without the consent of the individual, agen- ‘‘(d) COORDINATION WITH THE STATES.— of the functions and activities carried out cy, or other person who is the subject of the ‘‘(1) IN GENERAL.—The Secretary, working pursuant to this section shall duplicate the submission or provides that submission. through the Bureau of Labor Statistics and functions and activities carried out under ‘‘(B) IMMUNITY FROM LEGAL PROCESS.—Any the Employment and Training Administra- the Carl D. Perkins Vocational and Applied submission (including any data derived from tion, shall regularly consult with representa- Technology Education Act (20 U.S.C. 2301 et the submission) that is collected and re- tives of State agencies carrying out work- seq.). tained by a Federal department or agency, or force information activities regarding strat- an officer, employee, agent, or contractor of egies for improving the workforce and labor ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— such a department or agency, for exclusively market information system. There are authorized to be appropriated to statistical purposes under this section shall ‘‘(2) FORMAL CONSULTATIONS.—At least carry out this section such sums as may be be immune from the legal process and shall twice each year, the Secretary, working necessary for each of the fiscal years 2004 not, without the consent of the individual, through the Bureau of Labor Statistics, shall through 2009. agency, or other person who is the subject of conduct formal consultations regarding pro- the submission or provides that submission, grams carried out by the Bureau of Labor ‘‘(h) DEFINITION.—In this section, the term be admitted as evidence or used for any pur- Statistics with representatives of each of the ‘local area’ means the smallest geographical pose in any action, suit, or other judicial or 10 Federal regions of the Department of area for which data can be produced with administrative proceeding. Labor, elected from the State directors af- statistical reliability.’’.

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7862 CONGRESSIONAL RECORD — SENATE July 8, 2004 TITLE IV—AMENDMENTS TO THE (2) in section 100(d)(1)(B) by striking ‘‘fis- ing has been scheduled before the Sub- REHABILITATION ACT OF 1973 cal year 2003’’ and inserting ‘‘fiscal year committee on National Parks of the SEC. 401. CHAIRPERSON. 2009’’; Committee on Energy and Natural Re- Section 705(b)(5) of the Rehabilitation Act (3) in section 110(c) by amending paragraph sources. The purpose of this hearing is (2) to read as follows: of 1973 (29 U.S.C. 796d(b)(5)) is amended to to conduct oversight on the implemen- read as follows: ‘‘(2) The sum referred to in paragraph (1) shall be, as determined by the Secretary, not tation of the National Parks Air Tour ‘‘(5) CHAIRPERSON.—The Council shall se- less than 1 percent and not more than 1.5 Management Act of 2000, Public Law lect a chairperson from among the voting 106–181. membership of the Council.’’. percent of the amount referred to in para- graph (1) for each of fiscal years 2003 through The hearing will take place on Thurs- SEC. 402. REHABILITATION SERVICES ADMINIS- 2009.’’; TRATION. day July 22, 2004 at 2:30 p.m. in room (4) in section 112(h) by striking ‘‘fiscal Section 3(a) of the Rehabilitation Act of SD–366 of the Dirksen Senate Office years 1999 through 2003’’ and inserting ‘‘fiscal 1973 (29 U.S.C. 702(a)) is amended— Building in Washington, DC. years 2004 through 2009’’; (1) by striking ‘‘Office of the Secretary’’ Because of the limited time available (5) in section 201(a) by striking ‘‘fiscal and inserting ‘‘Department of Education’’; for the hearing, witnesses may testify years 1999 through 2003’’ each place it ap- (2) by striking ‘‘President by and with the by invitation only. However, those pears and inserting ‘‘fiscal years 2004 advice and consent of the Senate’’ and in- through 2009’’; wishing to submit written testimony serting ‘‘Secretary, except that the current (6) in section 302(i) by striking ‘‘fiscal for the hearing record should send two Commissioner appointed under the authority years 1999 through 2003’’ and inserting ‘‘fiscal copies of their testimony to the Com- existing on the day prior to the date of en- years 2004 through 2009’’; mittee on Energy and Natural Re- actment of this Act may continue to serve in (7) in section 303(e) by striking ‘‘fiscal sources, United States Senate, SD–364 the former capacity’’; and years 1999 through 2003’’ and inserting ‘‘fiscal (3) by striking ‘‘, and the Commissioner Dirksen Senate Office Building, Wash- years 2004 through 2009’’; shall be the principal officer,’’. ington, DC 20510–6150. (8) in section 304(b) by striking ‘‘fiscal SEC. 403. DIRECTOR. For further information, please con- years 1999 through 2003’’ and inserting ‘‘fiscal tact: Tom Lillie at (202) 224–5161 or (a) IN GENERAL.—The Rehabilitation Act of years 2004 through 2009’’; 1973 (29 U.S.C. 701 et seq.) is amended by (9) in section 305(b) by striking ‘‘fiscal Sarah Creachbaum at (202) 224–6293. striking ‘‘Commissioner’’ each place it ap- years 1999 through 2003’’ and insert ‘‘fiscal f pears, except in section 21, and inserting years 2004 through 2009’’; ‘‘Director’’. AUTHORITY FOR COMMITTEES TO (10) in section 405 by striking ‘‘fiscal years MEET (b) EXCEPTION.—Section 21 of the Rehabili- 1999 through 2003’’ and inserting ‘‘fiscal years tation Act of 1973 (29 U.S.C. 718) is amended— 2004 through 2009’’; COMMITTEE ON ARMED SERVICES (1) in subsection (b)(1)— (11) in section 502(j) by striking ‘‘fiscal Mr. SMITH. Mr. President, I ask (A) by striking ‘‘Commissioner’’ the first years 1999 through 2003’’ and inserting ‘‘fiscal unanimous consent that the committee place it appears and inserting ‘‘Director of years 2004 through 2009’’; on Armed Services be authorized to the Rehabilitation Services Administra- (12) in section 509(l) by striking ‘‘fiscal tion’’; and meet during the session of the Senate years 1999 through 2003’’ and inserting ‘‘fiscal on July 8, 2004, at 10 a.m., in open ses- (B) by striking ‘‘(referred to in this sub- years 2004 through 2009’’; section as the ‘Director’) ’’; and (13) in section 612 by striking ‘‘fiscal years sion to consider the following nomina- (2) by striking ‘‘Commissioner and the Di- 1999 through 2003’’ and inserting ‘‘fiscal years tions: Admiral Vernon E. Clark, USN, rector’’ each place it appears and inserting 2004 through 2009’’; for reappointment to the grade of Ad- ‘‘both such Directors’’. (14) in section 628 by striking ‘‘fiscal years miral and to be chief of Naval Oper- SEC. 404. STATE GOALS. 1999 through 2003’’ and inserting ‘‘fiscal years ations; and Lieutenant General James Section 101(a) of the Rehabilitation Act of 2004 through 2009’’; E. Cartwright, USMC, for appointment 1973 (29 U.S.C. 721(a)) is amended— (15) in section 714 by striking ‘‘fiscal years to the grade of General and to be Com- (1) in paragraph (11)(D)(i) by inserting ‘‘, 1999 through 2003’’ and inserting ‘‘fiscal years mander, United States Strategic Com- 2004 through 2009’’; which may be provided using alternative mand. means of meeting participation (such as (16) in section 727 by striking ‘‘fiscal years video conferences and conference calls)’’ be- 1999 through 2003’’ and inserting ‘‘fiscal years COMMITTEE ON COMMERCE, SCIENCE, AND fore the semicolon; and 2004 through 2009’’; and TRANSPORTATION (2) in paragraph (15)— (17) in section 753 by striking ‘‘fiscal years Mr. SMITH. Mr. President, I ask (A) in subparagraph (A), by redesignating 1999 through 2003’’ and inserting ‘‘fiscal years unanimous consent that the Com- clauses (ii) and (iii) as clauses (iii) and (iv), 2004 through 2009’’. mittee on Commerce, Science, and respectively, and inserting after clause (i) SEC. 406. HELEN KELLER NATIONAL CENTER Transportation be authorized to meet the following: ACT. on Thursday, July 8, 2004, at 9:30 a.m. ‘‘(ii) include an assessment of the transi- (a) GENERAL AUTHORIZATION OF APPROPRIA- on S. 2411—Assistance to Firefighters tion services provided under this Act, and co- TIONS.—The first sentence of section 205(a) of Act of 2004. ordinated with transition services under the the Helen Keller National Center Act (29 COMMITTEE ON THE JUDICIARY Individuals with Disabilities Education Act, U.S.C. 1904(a)) is amended by striking ‘‘1999 as to those services meeting the needs of in- through 2003’’ and inserting ‘‘2004 through Mr. SMITH. Mr. President, I ask dividuals with disabilities.’’; and 2009’’. unanimous consent that the Com- (B) by amending subparagraph (D)(i) to (b) HELEN KELLER NATIONAL CENTER FED- mittee on the Judiciary be authorized read as follows: ERAL ENDOWMENT FUND.—The first sentence to meet to conduct a markup on Thurs- ‘‘(i) the methods to be used to expand and of section 208(h) of such Act (29 U.S.C. day, July 8, 2004, at 9:30 a.m. in Dirksen improve the services to individuals with dis- 1907(h)) is amended by striking ‘‘1999 through Senate Building Room 226. abilities including— 2003’’ and inserting ‘‘2004 through 2009’’. ‘‘(I) how a broad range of assistive tech- TITLE V—TRANSITION AND EFFECTIVE Agenda: nology services and assistive technology de- DATE I. Nominations: Claude A. Allen to be vices will be provided to such individuals at SEC. 501. TRANSITION PROVISIONS. U.S. Circuit Judge for the Fourth Cir- each stage of the rehabilitative process and The Secretary of Labor shall take such ac- cuit, Michael H. Watson to be U.S. Dis- how such services and devices will be pro- tions as the Secretary determines to be ap- vided to such individuals on a statewide trict Judge for the Southern District of propriate to provide for the orderly imple- Ohio, David W. McKeague to be United basis; and mentation of this division. States Circuit Judge for the Sixth Cir- ‘‘(II) how transition services will be better SEC. 502. EFFECTIVE DATE. coordinated with those services under the In- Except as otherwise provided in this divi- cuit, Richard A. Griffin to be United dividuals with Disabilities Education Act in sion, this division and the amendments made States Circuit Judge for the Sixth Cir- order to improve transition services for indi- by this division, shall take effect on the date cuit, Virginia Maria Hernandez Cov- viduals with disabilities served under this of enactment of this division. ington to be United States District Act;’’. f Judge for the Middle District of Flor- SEC. 405. AUTHORIZATIONS OF APPROPRIA- ida. TIONS. NOTICES OF HEARINGS/MEETINGS II. Legislation: S. 1635, L–1 Visa The Rehabilitation Act of 1973 is further SUBCOMMITTEE ON NATIONAL PARKS amended— (Intracompany Transferee) Reform Act (1) in section 100(b)(1) by striking ‘‘fiscal Mr. THOMAS. Mr. President, I would of 2003, Chambliss, S.J. Res. 4, Pro- years 1999 through 2003’’ and inserting ‘‘fiscal like to announce for the information of posing an amendment to the Constitu- years 2004 through 2009’’; the Senate and the public that a hear- tion of the United States authorizing

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2004 CONGRESSIONAL RECORD — SENATE S7863 Congress to prohibit the physical dese- group of harmed people across States tunity for the minority to offer some cration of the flag of the United States or across the country so they can have reasonable number of nongermane Act of 2003, Hatch, Feinstein, Craig, their day in court. We are looking for amendments. Sessions, DeWine, Grassley, Graham, a way to make sure the companies that I have said so many times to our Cornyn, Chambliss, Specter, Kyl, S. harmed those people are held account- friends on the other side of the aisle, 1700, Advancing Justice through DNA able and know they are going to face a when you bring the bill to the Senate Technology Act of 2003, Hatch, Biden, serious financial consequence if they floor, think of it as a bottle of wine we Specter, Leahy, DeWine, Feinstein, do something untoward or just wrong are opening. We are popping the cork Kennedy, Schumer, Durbin, Kohl, with respect to their products or serv- and letting it breathe for a while. Edwards, S. 2396, Federal Courts Im- ices which they provide. Maybe set aside a week and give us a provement Act of 2004, Hatch, Leahy, Today we were not able to proceed to week to debate the bill itself, relevant Chambliss, Durbin, Schumer. the bill and have the opportunity to amendments and a reasonable number THE PRESIDING OFFICER. Without offer amendments which are germane, of nongermane amendments. objection, it is so ordered. pertinent to the bill, relevant to the If it becomes clear after several days SUBCOMMITTEE ON FINANCIAL MANAGEMENT, bill, or those which maybe were not. or a week that our side is being dila- THE BUDGET, AND INTERNATIONAL SECURITY My colleague who is presiding has tory, if it becomes clear our side is Mr. SMITH. Mr. President, I ask been here for a year and half or so. I simply not interested in passing the unanimous consent that the Com- know these are issues he has worked on bill, they are just playing games, those mittee on Governmental Affairs’ Sub- a lot in those 18 months. This class ac- Democrats who support a bill will sup- committee on Financial Management, tion reform is probably an issue on port an effort to close off debate and to the Budget, and International Security which he has spent the most time. force a final vote on the bill. be authorized to meet on Thursday, As we leave here tonight with this For the life of me, after saying re- July 8, 2004 at 10:30 a.m. for a hearing business unfinished, I am deeply dis- peatedly since January that the one entitled, ‘‘Oversight Hearing on the appointed. We come to the end of a way to kill the bill is to bring it to the Federal Government’s 2003 Financial chapter, not the end of the book. We Senate in a way that stymies debate Statement: Improving Accountability have to turn a page and figure out how and closes off amendments that might of American Taxpayers’ Dollars.’’ to go forward. be nongermane, the very first thing out THE PRESIDING OFFICER. Without Our system of justice is out of of the box presented was a cloture mo- objection, it is so ordered. whack. It is out of balance. The trag- tion and a move to fill the amendment edy of it all is we had a very good legis- tree so our side is precluded from offer- f lative product here to debate and fix. ing amendments, except for those that PRIVILEGES OF THE FLOOR The system worked the way it was sup- are germane, I don’t understand it. posed to. We had hearings, I think as In the words of a colleague on our Mr. HARKIN. Mr. President, I ask many as 10, on this issue and how to fix side who is opposed to the bill, the only unanimous consent that privilege of it. The committees of jurisdiction held way those who are opposed to the bill the floor be granted to Sam Kang and hearings in the House and in the Sen- could have won was by bringing the bill Ryan Ball for the duration of today’s ate. The committees of jurisdiction to the Senate today, invoking cloture, session. had a chance to actually debate and and inflaming Democratic opposition The PRESIDING OFFICER. Without vote on the bills and to amend them. to the bill, united Democratic opposi- objection, it is so ordered. They had the opportunity to report tion to the bill. Mr. SMITH. Mr. President, I ask those bills out. The House debated this There are at least a dozen or more on unanimous consent that two of my in- on the floor. In the Senate, we had the this side who very much want to pass terns, Evan Mueller and Dana Dryer, opportunity. In the Senate, we fell one class action legislation this year. God be granted the privilege of the floor vote short of bringing the bill to the knows I do, and I know people on both during this discussion. Senate floor last fall. We had the op- sides have worked to get us to this The PRESIDING OFFICER. Without portunity coming out of that dis- point. For the life of me, I do not un- objection, it is so ordered. appointing vote to go back to make the derstand why we could not open that Mr. REID. Mr. President, I ask unan- bill even better and to bring a truly bi- bottle of wine, let it breathe for a imous consent that Jessica Segall from partisan bill to the floor of the Senate while, debate the amendments, ger- the Office of Senator CHRIS DODD be which would be supported by a Repub- mane and nongermane. If it became granted floor privileges during the Sen- lican majority and with a good deal of clear we were wasting our time and ate consideration of the Class Action Democratic support. people were playing games, we could Fairness Act of 2004. Given that 65 Members in the Senate have cut it off, but do not do it right The PRESIDING OFFICER. Without were prepared to vote for it, to go out of the box. objection, it is so ordered. home tonight not having had a chance I leave here bewildered and, frankly, Mr. CARPER. Mr. President, I would to actually vote for amendments, rel- more than a little bit disappointed. I like to be recognized for 10 minutes. evant amendments and nonrelevant say to those folks around the country The PRESIDING OFFICER. The Sen- amendments, is very disappointing. I who are as disappointed as I am, and ator from Delaware is recognized. am not going to get into assigning others who support the bill, I am not f blame. There is probably enough on one who gives up easily. both sides. Some of my colleagues hear me talk CLASS ACTION REFORM I said to the press in an earlier inter- about my four core values that we Mr. CARPER. Mr. President, we just view that this week in the Senate re- built an administration on when I was concluded a vote and a very dis- minds me of maybe a new television re- Governor of Delaware and which I appointing chapter in our effort to re- ality show, a dysfunctional family. It brought with me and I try to use them form the way part of our legal system is not pretty to watch or, frankly, to be here with my legislative initiatives. works in this country. a part of. One, figure out the right thing to do We have debated for the last several When I came here, I wanted to fix and do it. I am convinced changing this days how we might change the current things and right wrongs. I know most part of our legal system is the right system where people have been harmed of us came here with that in mind. This thing to do. by goods or services provided for their is a wrong that needs to be made right. The second core value is to commit use by some company and did not get We had a great opportunity in this bill to excellence in everything we do. By what they should have—they have been to do that. golly, I know we can do better than the shortchanged or maybe even exposed to I leave here tonight bewildered, in a status quo with respect to this aspect a dangerous product or harmed by it in sense. One sure way to stymie a bill of our legal system. some way—and how we might make and stop progress on it this week was My third core value is the Golden sure they are made whole and that we to bring the bill to the floor of the Sen- Rule: treat other people the way I want have the opportunity to assemble that ate in a way that closed off the oppor- to be treated. When consumers are

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7864 CONGRESSIONAL RECORD — SENATE July 8, 2004 harmed, they ought to be compensated. IN THE MARINE CORPS tive Americans range from 1.5 to 3 times the When companies misbehave, they The following named officer for appoint- national average for other groups, with ought to have to pay damages. It is ment in the United States Marine Corps to young people ages 15 to 34 making up 64 per- that simple. The way our system runs the grade indicated while assigned to a posi- cent of all suicides. today is wrong. It is wrong for con- tion of importance and responsibility under (8) Congress has recognized that youth sui- cide is a public health tragedy linked to un- sumers and, frankly, it is wrong for title 10, U.S.C., section 601: To be general derlying mental health problems and that companies, in many cases. It is a wrong youth suicide early intervention and preven- Lt. Gen. James E. Cartwright that needs to be righted. tion activities are national priorities. My fourth core value is don’t give up. f (9) Youth suicide early intervention and I am not one who ever gives up. I, for prevention have been listed as urgent public LEGISLATIVE SESSION sure, am not going to give up. health priorities by the President’s New While I go home disappointed, I will The PRESIDING OFFICER. The Sen- Freedom Commission in Mental Health come back next week committed to do ate will return to legislative session. (2002), the Institute of Medicine’s Reducing Suicide: A National Imperative (2002), the whatever we can this year to pass this f bill and get it signed into law. National Strategy for Suicide Prevention: GARRETT LEE SMITH MEMORIAL Goals and Objectives for Action (2001), and I yield the floor and suggest the ab- ACT the Surgeon General’s Call to Action To Pre- sence of a quorum. vent Suicide (1999). The PRESIDING OFFICER. The Mr. FRIST. Mr. President, I ask (10) Many States have already developed clerk will call the roll. unanimous consent that the Senate comprehensive Statewide youth suicide The assistant legislative clerk pro- proceed to the immediate consider- early intervention and prevention strategies ceeded to call the roll. ation of S. 2634, introduced earlier that seek to provide effective early interven- Mr. FRIST. Mr. President, I ask today by Senators DODD, DEWINE, tion and prevention services. unanimous consent that the order for REED, SMITH, REID, DASCHLE, and oth- (11) In a recent report, a startling 85 per- the quorum call be rescinded. ers. cent of college counseling centers revealed The PRESIDING OFFICER. The an increase in the number of students they The PRESIDING OFFICER. Without see with psychological problems. Further- objection, it is so ordered. clerk will state the bill by title. more, the American College Health Associa- f The legislative clerk read as follows: tion found that 61 percent of college students A bill (S. 2634) to amend the Public Health reported feeling hopeless, 45 percent said REFERRAL OF NOMINATIONS Service Act to support planning, implemen- they felt so depressed they could barely func- Mr. FRIST. Mr. President, as in exec- tation, and evaluation of organized activities tion, and 9 percent felt suicidal. utive session, I ask unanimous consent involving statewide youth suicide early (12) There is clear evidence of an increased that Executive Calendar Nos. 697 and intervention and prevention strategies, to incidence of depression among college stu- provide funds for campus mental and behav- 698 be rereferred to the Finance Com- dents. According to a survey described in the ioral health service centers. Chronicle of Higher Education (February 1, mittee and referred to the Banking There being no objection, the Senate 2002), depression among freshmen has nearly Committee. I further ask unanimous doubled (from 8.2 percent to 16.3 percent). consent that when the nominations are proceeded to consider the bill. Mr. FRIST. Mr. President, I ask Without treatment, researchers recently reported by the Banking Committee, noted that ‘‘depressed adolescents are at risk unanimous consent that the bill be they be automatically discharged from for school failure, social isolation, promis- the Finance Committee and placed on read the third time and passed, the mo- cuity, self medication with drugs and alco- the Executive Calendar. Finally, I ask tion to reconsider be laid upon the hol, and suicide—now the third leading cause unanimous consent that this agree- table, and that any statements relating of death among 10–24 year olds.’’. ment be specific to these nominations to the bill be printed in the RECORD. (13) Researchers who conducted the study ‘‘Changes in Counseling Center Client Prob- only. The PRESIDING OFFICER. Without objection, it is so ordered. lems Across 13 Years’’ (1989–2001) at Kansas The PRESIDING OFFICER. Without State University stated that ‘‘students are objection, it is so ordered. The bill (S. 2634) was read the third time and passed, as follows: experiencing more stress, more anxiety, f more depression than they were a decade S. 2634 ago.’’ (The Chronicle of Higher Education, EXECUTIVE SESSION Be it enacted by the Senate and House of Rep- February 14, 2003). resentatives of the United States of America in (14) According to the 2001 National House- Congress assembled, hold Survey on Drug Abuse, 20 percent of EXECUTIVE CALENDAR SECTION 1. SHORT TITLE. full-time undergraduate college students use Mr. FRIST. Mr. President, I ask This Act may be cited as the ‘‘Garrett Lee illicit drugs. unanimous consent that the Senate Smith Memorial Act’’. (15) The 2001 National Household Survey on Drug Abuse also reported that 18.4 percent of proceed to executive session for consid- SEC. 2. FINDINGS. Congress makes the following findings: adults aged 18 to 24 are dependent on or abus- eration of the following nominations ing illicit drugs or alcohol. In addition, the on the Executive Calendar: Military (1) More children and young adults die from suicide each year than from cancer, study found that ‘‘serious mental illness is nominations reported by the Armed heart disease, AIDS, birth defects, stroke, highly correlated with substance dependence Services Committee during today’s ses- and chronic lung disease combined. or abuse. Among adults with serious mental sion. I further ask unanimous consent (2) Over 4,000 children and young adults illness in 2001, 20.3 percent were dependent that the nominations be confirmed, the tragically take their lives every year, mak- on or abused alcohol or illicit drugs, while motions to reconsider be laid upon the ing suicide the third overall cause of death the rate among adults without serious men- table, the President be immediately between the ages of 10 and 24. According to tal illness was only 6.3 percent.’’. the Centers for Disease Control and Preven- (16) A 2003 Gallagher’s Survey of Coun- notified of the Senate’s action, and the seling Center Directors found that 81 percent Senate then resume legislative session. tion suicide is the third overall cause of death among college-age students. were concerned about the increasing number The PRESIDING OFFICER. Without (3) According to the National Center for In- of students with more serious psychological objection, it is so ordered. jury Prevention and Control of the Centers problems, 67 percent reported a need for The nominations considered and con- for Disease Control and Prevention, children more psychiatric services, and 63 percent re- firmed are as follows: and young adults accounted for 15 percent of ported problems with growing demand for services without an appropriate increase in IN THE NAVY all suicides completed in 2000. (4) From 1952 to 1995, the rate of suicide in resources. The following named officer for reappoint- children and young adults has tripled. (17) The International Association of Coun- ment as Chief of Naval Operations, United (5) From 1980 to 1997, the rate of suicide seling Services accreditation standards rec- States Navy, for an additional term of two among young adults ages 15 to 19 increased ommend 1 counselor per 1,000 to 1,500 stu- years, and appointment to the grade indi- 11 percent. dents. According to the 2003 Gallagher’s Sur- cated while assigned to a position of impor- (6) From 1980 to 1997, the rate of suicide vey of Counseling Center Directors, the ratio tance and responsibility under title 10, among children ages 10 to 14 increased 109 of counselors to students is as high as 1 U.S.C., sections 601 and 5033: percent. counselor per 2,400 students at institutions To be admiral (7) According to the National Center of of higher education with more than 15,000 Adm. Vernon E. Clark, 0000 Health Statistics, suicide rates among Na- students.

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2004 CONGRESSIONAL RECORD — SENATE S7865 SEC. 3. AMENDMENT TO THE PUBLIC HEALTH (H) in subsection (g)— ‘‘(iii) a Federally-recognized Indian tribe SERVICES ACT. (i) by striking ‘‘A State’’ and all that fol- or tribal organization (as defined in the In- Title V of the Public Health Service Act lows through ‘‘organization receiving’’ and dian Self-Determination and Education As- (42 U.S.C. 290aa et seq) is amended— inserting ‘‘A public organization, private sistance Act) or an urban Indian organiza- (1) in section 520E (42 U.S.C. 290bb–36)— nonprofit organization, political subdivision, tion (as defined in the Indian Health Care (A) in the section heading by striking and Federally recognized Indian tribes or Improvement Act) that is actively involved ‘‘CHILDREN AND ADOLESCENTS’’ and in- tribal organization receiving’’; and in the development and continuation of a serting ‘‘YOUTH’’; (ii) by striking ‘‘contract,’’ each place that tribal youth suicide early intervention and (B) by striking subsection (a) and inserting such appears; prevention strategy. the following: (I) in subsection (h), by striking ‘‘con- ‘‘(B) PREFERENCE.—In awarding grants and ‘‘(a) IN GENERAL.—The Secretary shall tracts,’’; cooperative agreements under this section, award grants or cooperative agreements to (J) in subsection (i)— the Secretary shall give preference to States public organizations, private nonprofit orga- (i) by striking ‘‘A State’’ and all that fol- that have rates of youth suicide that signifi- nizations, political subdivisions, and Feder- lows through ‘‘organization receiving’’ and ally recognized Indian tribes or tribal orga- cantly exceed the national average as deter- inserting ‘‘A public organization, private nizations to implement the State-sponsored mined by the Centers for Disease Control and nonprofit organization, political subdivision, statewide or tribal youth suicide early inter- Prevention. and Federally recognized Indian tribes or vention and prevention strategy as developed ‘‘(C) LIMITATION.—In carrying out this sec- tribal organization receiving’’; and under section 596A.’’; tion, the Secretary shall ensure that each (ii) by striking ‘‘contract,’’; (C) in subsection (b), by striking all after State is awarded only one grant or coopera- (K) in subsection (k), by striking ‘‘5 years’’ ‘‘coordinated’’ and inserting ‘‘with the Strat- tive agreement under this section. For pur- and inserting ‘‘3 years’’; egy for Suicide Prevention Federal Steering poses of the preceding sentence, a State shall (L) in subsection (l)(2), by striking ‘‘21’’ Group and the suicide prevention resource be considered to have been awarded a grant and inserting ‘‘24’’; and center provided for under section 596B.’’; or cooperative agreement if the eligible enti- (M) in subsection (m)— (D) in subsection (c)— ty involved is the State or an entity des- (i) by striking ‘‘APPROPRIATION.—’’ and all (i) in the matter preceding paragraph (1), ignated by the State under subparagraph that follows through ‘‘For’’ in paragraph (1) by striking ‘‘A State’’ and all that follows (A)(ii). Nothing in this subparagraph shall be and inserting ‘‘APPROPRIATION.—For’’; and through ‘‘desiring’’ and inserting ‘‘A public construed to apply to entities described in (ii) by striking paragraph (2); organization, private nonprofit organization, subparagraph (A)(iii). (2) by inserting after part I (42 U.S.C. 290jj political subdivision, and Federally recog- ‘‘(3) PREFERENCE.—In providing assistance et seq), the following: nized Indian tribes or tribal organization de- under a grant or cooperative agreement siring’’; ‘‘PART J—SUICIDE EARLY INTERVENTION under this subsection, an eligible entity (ii) by redesignating paragraphs (1) AND PREVENTION’’; shall give preference to public organizations, through (9) as paragraphs (2) through (10), re- (3) by redesignating section 520E (42 U.S.C. private nonprofit organizations, political spectively; 290bb–36), as amended by paragraph (1), as subdivisions, and tribal organizations ac- (iii) by inserting before paragraph (2) (as so section 596 and transferring such section to tively involved with the State-sponsored redesignated), the following: part J (as added by paragraph (2)); and statewide or tribal youth suicide early inter- ‘‘(1) comply with the State-sponsored (4) by adding at the end of part J (as added vention and prevention strategy that— statewide early intervention and prevention by paragraph (2) and amended by paragraph ‘‘(A) provide early intervention and assess- strategy as developed under section 596A;’’; (3)), the following: ment services, including screening programs, (iv) in paragraph (2) (as so redesignated), ‘‘SEC. 596A. YOUTH SUICIDE EARLY INTERVEN- to youth who are at risk for mental or emo- by striking ‘‘children and adolescents’’ and TION AND PREVENTION STRATE- tional disorders that may lead to a suicide inserting ‘‘youth’’; GIES, TRAINING, AND TECHNICAL attempt, and that are integrated with, (v) in paragraph (3) (as so redesignated), by ASSISTANCE. school systems, educational institutions, ju- striking ‘‘best evidence-based,’’; ‘‘(a) YOUTH SUICIDE EARLY INTERVENTION venile justice systems, substance abuse pro- (vi) in paragraph (4) (as so redesignated), AND PREVENTION STRATEGIES.— grams, mental health programs, foster care by striking ‘‘primary’’ and all that follows ‘‘(1) IN GENERAL.—The Secretary acting systems, and other child and youth support and inserting ‘‘general, mental, and behav- through the Administrator of the Substance organizations; ioral health services, and substance abuse Abuse and Mental Health Services Adminis- ‘‘(B) demonstrate collaboration among services;’’; tration, shall award grants or cooperative early intervention and prevention services or (vii) in paragraph (5) (as so redesignated), agreements to eligible entities to— certify that entities will engage in future by striking ‘‘children and’’ and all that fol- ‘‘(A) develop and implement State-spon- collaboration; lows and inserting ‘‘youth including the sored statewide or tribal youth suicide early ‘‘(C) employ or include in their applica- school systems, educational institutions, ju- intervention and prevention strategies in tions a commitment to evaluate youth sui- venile justice system, substance abuse pro- schools, educational institutions, juvenile cide early intervention and prevention prac- grams, mental health programs, foster care justice systems, substance abuse programs, tices and strategies adapted to the local systems, and community child and youth mental health programs, foster care systems, community; support organizations;’’; and other child and youth support organiza- ‘‘(D) provide timely referrals for appro- (viii) by striking paragraph (8) (as so redes- tions; priate community-based mental health care ignated), and inserting the following: ‘‘(B) support public organizations and pri- and treatment of youth who are at risk for ‘‘(8) offer access to services and care to vate nonprofit organizations actively in- suicide in child-serving settings and agen- youth with diverse linguistic and cultural volved in State-sponsored statewide or tribal cies; backgrounds;’’; and youth suicide early intervention and preven- ‘‘(E) provide immediate support and infor- (ix) by striking paragraph (9) (as so redes- tion strategies and in the development and mation resources to families of youth who ignated), and inserting the following: continuation of State-sponsored statewide are at risk for suicide; ‘‘(9) conduct annual self-evaluations of out- youth suicide early intervention and preven- ‘‘(F) offer access to services and care to comes and activities, including consulting tion strategies; youth with diverse linguistic and cultural with interested families and advocacy orga- ‘‘(C) collect and analyze data on State- backgrounds; nizations;’’; sponsored statewide or tribal youth suicide ‘‘(G) offer appropriate post-suicide inter- (E) by striking subsection (d) and inserting early intervention and prevention services vention services, care, and information to the following: that can be used to monitor the effectiveness families, friends, schools, educational insti- ‘‘(d) USE OF FUNDS.—Amounts provided of such services and for research, technical tutions, juvenile justice systems, substance under a grant or cooperative agreement assistance, and policy development; and abuse programs, mental health programs, under this section shall be used to supple- ‘‘(D) assist eligible entities, through State- foster care systems, and other child and ment, and not supplant, Federal and non- sponsored statewide or tribal youth suicide youth support organizations of youth who re- Federal funds available for carrying out the early intervention and prevention strategies, cently completed suicide; activities described in this section. Appli- in achieving targets for youth suicide reduc- ‘‘(H) offer continuous and up-to-date infor- cants shall provide financial information to tions under title V of the Social Security mation and awareness campaigns that target demonstrate compliance with this section.’’; Act (42 U.S.C. 701 et seq.). parents, family members, child care profes- (F) in subsection (e)— ‘‘(2) ELIGIBLE ENTITY.— sionals, community care providers, and the (i) by striking ‘‘contract,’’; and ‘‘(A) DEFINITION.—In this subsection, the general public and highlight the risk factors (ii) by inserting after ‘‘Secretary that the’’ term ‘eligible entity’ means— associated with youth suicide and the life- the following: ‘‘application complies with ‘‘(i) a State; saving help and care available from early the State-sponsored statewide early inter- ‘‘(ii) a public organization or private non- intervention and prevention services; vention and prevention strategy as developed profit organization designated by a State to ‘‘(I) ensure that information and awareness under section 596A and’’; develop or direct the State-sponsored state- campaigns on youth suicide risk factors, and (G) in subsection (f), by striking ‘‘con- wide youth suicide early intervention and early intervention and prevention services, tracts,’’; prevention strategy; and use effective communication mechanisms

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7866 CONGRESSIONAL RECORD — SENATE July 8, 2004 that are targeted to and reach youth, fami- tal health causes and associated risk-factors committees of Congress a report concerning lies, schools, educational institutions, and for suicide in youth; and the results of— youth organizations; ‘‘(I) other activities determined appro- ‘‘(A) the evaluations conducted under para- ‘‘(J) provide a timely response system to priate by the Secretary. graph (1); and ensure that child-serving professionals and ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(B) an evaluation conducted by the Sec- providers are properly trained in youth sui- There is authorized to be appropriated to retary to analyze the effectiveness and effi- cide early intervention and prevention strat- carry out this subsection, $3,000,000 for fiscal cacy of the activities conducted with grants, egies and that child-serving professionals year 2005, $4,000,000 for fiscal year 2006, and collaborations, and consultations under this and providers involved in early intervention $5,000,000 for fiscal year 2007. section. and prevention services are properly trained ‘‘(c) COORDINATION AND COLLABORATION.— ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— in effectively identifying youth who are at ‘‘(1) IN GENERAL.—In carrying out this sec- For the purpose of carrying out subsection risk for suicide; tion, the Secretary shall collaborate with (a), there are authorized to be appropriated ‘‘(K) provide continuous training activities the National Strategy for Suicide Prevention $7,000,000 for fiscal year 2005, $16,000,000 for for child care professionals and community Federal Steering Group and other Federal fiscal year 2006, $25,000,000 for fiscal year care providers on the latest youth suicide agencies responsible for early intervention 2007, and such sums as may be necessary for early intervention and prevention services and prevention services relating to youth each of fiscal years 2008 and 2009. practices and strategies; suicide. ‘‘SEC. 596B. MENTAL AND BEHAVIORAL HEALTH ‘‘(L) conduct annual self-evaluations of ‘‘(2) CONSULTATION.—In carrying out this SERVICES ON CAMPUS. outcomes and activities, including con- section, the Secretary shall consult with— ‘‘(a) PURPOSE.—It is the purpose of this sulting with interested families and advo- ‘‘(A) State and local agencies, including section to increase access to, and enhance cacy organizations; and agencies responsible for early intervention the range of, services for students with men- ‘‘(M) provide services in areas or regions and prevention services under title XIX of tal and behavioral health problems that can with rates of youth suicide that exceed the the Social Security Act (42 U.S.C. 1396 et lead to school failure, such as depression, national average as determined by the Cen- seq.), the State Children’s Health Insurance substance abuse, and suicide attempts, so as ters for Disease Control and Prevention. Program under title XXI of the Social Secu- to ensure that college students have the sup- ‘‘(4) REQUIREMENT FOR DIRECT SERVICES.— rity Act (42 U.S.C. 1397aa et seq.), programs port necessary to successfully complete their Not less than 85 percent of grant funds re- funded by grants under title V of the Social studies. ceived under this subsection shall be used to Security Act (42 U.S.C. 701 et seq.), and pro- ‘‘(b) PROGRAM AUTHORIZED.—From funds provide direct services. grams under part C of the Individuals with appropriated under subsection (j), the Sec- ‘‘(b) SUICIDE PREVENTION RESOURCE CEN- Disabilities Education Act (20 U.S.C. 1431 et retary shall award competitive grants to in- TER; TRAINING AND TECHNICAL ASSISTANCE.— seq.); stitutions of higher education to create or ‘‘(1) OPERATION OF CENTER.—The Secretary, ‘‘(B) local and national organizations that expand mental and behavioral health serv- acting through the Administrator of the serve youth at risk for suicide and their fam- ices to students at such institutions, to pro- Substance Abuse and Mental Health Services ilies; vide such services, and to develop best prac- Administration and in consultation with the ‘‘(C) relevant national medical and other tices for the delivery of such services. Such National Strategy for Suicide Prevention health and education specialty organiza- grants shall, subject to the availability of Federal Steering Group, shall award a com- tions; such appropriations, be for a period of 3 petitive grant or contract to a public or pri- ‘‘(D) youth who are at risk for suicide, who years. vate nonprofit entity for the establishment have survived suicide attempts, or who are ‘‘(c) ELIGIBLE GRANT RECIPIENTS.—Any in- of a Suicide Prevention Resource Center to currently receiving care from early interven- stitution of higher education that seeks to carry out the activities described in para- tion services; provide, or provides, mental and behavioral graph (3). ‘‘(E) families and friends of youth who are health services to students is eligible to ‘‘(2) APPLICATION.—To be eligible for a at risk for suicide, who have survived suicide apply for a grant under this section. Services grant or contract under paragraph (1), an en- attempts, who are currently receiving care may be provided at— tity shall prepare and submit to the Sec- from early intervention and prevention serv- ‘‘(1) college counseling centers; retary an application at such time, in such ices, or who have completed suicide; ‘‘(2) college and university psychological manner, and containing such information as ‘‘(F) qualified professionals who possess service centers; the Secretary may require. the specialized knowledge, skills, experience, ‘‘(3) mental health centers; ‘‘(3) AUTHORIZED ACTIVITIES.—The Suicide and relevant attributes needed to serve ‘‘(4) psychology training clinics; and Prevention Resource Center shall provide ap- youth at risk for suicide and their families; ‘‘(5) institution of higher education sup- propriate information, training, and tech- and ported, evidence-based, mental health and nical assistance to States, political subdivi- ‘‘(G) third-party payers, managed care or- substance abuse screening programs. sions of a State, Federally recognized Indian ganizations, and related commercial indus- ‘‘(d) APPLICATIONS.—Each institution of tribes, tribal organizations, public organiza- tries. higher education seeking to obtain a grant tions, or private nonprofit organizations under this section shall submit an applica- ‘‘(3) POLICY DEVELOPMENT.—The Secretary for— shall— tion to the Secretary. Each such application ‘‘(A) the development or continuation of ‘‘(A) coordinate and collaborate on policy shall include— statewide or tribal youth suicide early inter- development at the Federal level with the ‘‘(1) a description of identified mental and vention and prevention strategies; National Strategy for Suicide Prevention behavioral health needs of students at the ‘‘(B) ensuring the surveillance of youth Federal Steering Group; and institution of higher education; suicide early intervention and prevention ‘‘(B) consult on policy development at the ‘‘(2) a description of currently available strategies; Federal level with the private sector, includ- Federal, State, local, private, and institu- ‘‘(C) studying the costs and effectiveness of ing consumer, medical, suicide prevention tional resources to address the needs de- statewide youth suicide early intervention advocacy groups, and other health and edu- scribed in paragraph (1) at the institution of and prevention strategies in order to provide cation professional-based organizations, with higher education; information concerning relevant issues of respect to State-sponsored statewide or trib- ‘‘(3) an outline of program objectives and importance to State, tribal, and national al youth suicide early intervention and pre- anticipated program outcomes, including an policymakers; vention strategies. explanation of how the treatment provider ‘‘(D) further identifying and understanding ‘‘(d) RULE OF CONSTRUCTION; RELIGIOUS AC- at the institution of higher education will causes and associated risk factors for youth COMMODATION.—Nothing in this section shall coordinate activities under this section with suicide; be construed to preempt any State law, in- existing programs and services; ‘‘(E) analyzing the efficacy of new and ex- cluding any State law that does not require ‘‘(4) the anticipated impact of funds pro- isting youth suicide early intervention tech- the suicide early intervention for youth vided under this section in improving the niques and technology; whose parents or legal guardians object to mental and behavioral health of students at- ‘‘(F) ensuring the surveillance of suicidal such early intervention based on the parents’ tending the institution of higher education; behaviors and nonfatal suicidal attempts; or legal guardians’ religious beliefs. ‘‘(5) outreach strategies, including ways in ‘‘(G) studying the effectiveness of State- ‘‘(e) EVALUATIONS AND REPORT.— which the treatment provider at the institu- sponsored statewide and tribal youth suicide ‘‘(1) EVALUATIONS BY ELIGIBLE ENTITIES.— tion of higher education proposes to reach early intervention and prevention strategies Not later than 18 months after receiving a students, promote access to services, and ad- on the overall wellness and health promotion grant or cooperative agreement under sub- dress the range of needs of students; strategies related to suicide attempts; section (a), an eligible entity shall submit to ‘‘(6) a proposed plan for reaching those stu- ‘‘(H) promoting the sharing of data regard- the Secretary the results of an evaluation to dents most in need of services; ing youth suicide with Federal agencies in- be conducted by the entity concerning the ‘‘(7) a plan to evaluate program outcomes volved with youth suicide early intervention effectiveness of the activities carried out and assess the services provided with funds and prevention, and State-sponsored state- under the grant or agreement. under this section; wide or tribal youth suicide early interven- ‘‘(2) REPORT.—Not later than 2 years after ‘‘(8) financial information concerning the tion and prevention strategies for the pur- the date of enactment of this section, the applicant to demonstrate compliance with pose of identifying previously unknown men- Secretary shall submit to the appropriate subsection (h); and

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 8, 2004 CONGRESSIONAL RECORD — SENATE S7867 ‘‘(9) such additional information as is re- ‘‘SEC. 596C. DEFINITIONS. Mr. FRIST. I object to further pro- quired by the Secretary. ‘‘In this part: ceedings on the measure at this time in ‘‘(e) PEER REVIEW OF APPLICATIONS.—The ‘‘(1) EARLY INTERVENTION.—The term ‘early order to place the joint resolution on Secretary, in consultation with the Sec- intervention’ means a strategy or approach retary of Education, shall provide the appli- that is intended to prevent an outcome or to the calendar under the provisions of cations submitted under this section to a alter the course of an existing condition. rule XIV. peer review panel for evaluation. With re- ‘‘(2) EDUCATIONAL INSTITUTION; INSTITUTION The PRESIDING OFFICER. Objec- spect to each application, the peer review OF HIGHER EDUCATION; SCHOOL.—The term— tion having been heard, the joint reso- panel shall recommend the application for ‘‘(A) ‘educational institution’ means a lution will be placed on the calendar. funding or for disapproval. school or institution of higher education; f ‘‘(f) USE OF FUNDS.—Funds provided by a ‘‘(B) ‘institution of higher education’ has grant under this section may be used for 1 or the meaning given such term in section 101 ORDERS FOR FRIDAY, JULY 9, 2004 more of the following activities: of the Higher Education Act of 1965; and ‘‘(1) Prevention, screening, early interven- Mr. FRIST. I ask unanimous consent ‘‘(C) ‘school’ means an elementary or sec- that when the Senate completes its tion, assessment, treatment, management, ondary school (as such terms are defined in and education of mental and behavioral section 901 of the Elementary and Secondary business today, it adjourn until 9:30 health problems that can lead to school fail- Education Act of 1965). a.m., on Friday, July 9. I further ask ure, such as depression, substance abuse, and ‘‘(3) PREVENTION.—The term ‘prevention’ that following the prayer and pledge, suicide attempts by students enrolled at the means a strategy or approach that reduces the morning hour be deemed expired, institution of higher education. the likelihood or risk of onset, or delays the the Journal of proceedings be approved ‘‘(2) Education of families to increase onset, of adverse health problems. awareness of potential mental and behav- to date, the time for the two leaders be ‘‘(4) YOUTH.—The term ‘youth’ means indi- ioral health issues of students enrolled at reserved for their use later in the day, viduals who are between 6 and 24 years of the institution of higher education. and the Senate then begin a period for age.’’. ‘‘(3) Hiring staff trained to identify and morning business with the first 4 hours treat mental and behavioral health prob- f equally divided between the two lead- lems, including residents and interns such as MEASURES READ THE FIRST ers or their designees. those in psychological doctoral and post doc- TIME—S. 2629, S. 2630, S. 2631, S. The PRESIDING OFFICER. Without toral programs. ‘‘(4) Evaluating and disseminating out- 2632, and S. 2633 objection, it is so ordered. comes and best practices of mental and be- Mr. FRIST. Mr. President, I under- f havioral health services. stand that five bills are at the desk. I PROGRAM ‘‘(g) ADDITIONAL REQUIRED ELEMENTS.— ask unanimous consent that they be Each institution of higher education that re- Mr. FRIST. Mr. President, tomorrow ceives a grant under this section shall— read for the first time en bloc. The PRESIDING OFFICER. Without the Senate will be in a period for morn- ‘‘(1) provide annual reports to the Sec- ing business throughout the day. There retary describing the use of funds, the pro- objection, it is so ordered. gram’s objectives, and how the objectives The clerk will read the bills for the will be no rollcall votes during tomor- were met, including a description of program first time. row’s session, but Senators are encour- outcomes; The legislative clerk read as follows: aged to come to the floor to speak on ‘‘(2) perform such additional evaluations as A bill (S. 2629) to amend the Medicare Pre- the constitutional amendment regard- the Secretary may require, which may in- scription Drug, Improvement, and Mod- ing marriage, which we hope to con- clude— ernization Act of 2003 to eliminate the cov- sider next week. ‘‘(A) increases in range of services pro- erage gap, to eliminate HMO subsidies, to re- A few moments ago we failed to in- vided; peal health savings accounts, and for other voke cloture on a very important bill, ‘‘(B) increases in the quality of services purposes. the class action bill, that we have provided; A bill (S. 2630) to amend title V, United ‘‘(C) increases in access to services; States Code, to establish a national health spent the majority of this week debat- ‘‘(D) college continuation rates; program administered by the Office of Per- ing. As I said at the outset, I had hoped ‘‘(E) decreases in college dropout rates; sonnel Management to offer Federal em- we would be able to address this impor- ‘‘(F) increases in college graduation rates; ployee health benefits plans to individuals tant bill, consider all relevant amend- and who are not Federal employees, and for other ments, with no time limit on those rel- ‘‘(G) accepted and valid measurements and purposes. evant amendments, so we could pass a assessments of improved mental health A bill (S. 2631) to require the Federal Trade bill that is very important to the functionality; and Commission to monitor and investigate gas- ‘‘(3) coordinate such institution’s program oline prices under certain circumstances. American people, to the economy, and under this section with other related efforts A bill (S. 2632) to establish a first re- to the concepts of equity and fairness. on campus by entities concerned with the sponder and terrorism preparedness grant in- We were unsuccessful, in spite of our general mental and behavioral health needs formation hotline, and for other purposes. very best attempt to consider all rel- of students. A bill (S. 2633) to amend the Federal Power evant amendments and take up a bill ‘‘(h) SUPPLEMENT NOT SUPPLANT.—Grant Act to provide refunds for unjust and unrea- that 62 people in this body support. funds provided under this section shall be sonable charges on electric energy in the The problem was that Members from used to supplement, and not supplant, Fed- State of California. both sides of the aisle insisted on offer- eral and non-Federal funds available for car- Mr. FRIST. Mr. President, I now ask rying out the activities described in this sec- ing or wanting to offer and debate very tion. Grantees shall provide financial infor- for their second reading and, in order complicated but, most importantly, mation to demonstrate compliance with this to place the bills on the calendar under unrelated amendments at this time. We subsection. the provisions of rule XIV, I object to set up a procedural process by which ‘‘(i) REQUIREMENT FOR DIRECT SERVICES further proceeding on these matters en AND LIMITATIONS.— we could consider individual relevant bloc. amendments, but a decision was made, ‘‘(1) DIRECT SERVICES.—Not less than 75 The PRESIDING OFFICER. The bills and it played out in the cloture vote percent of grant funds received under this will be read the second time on the section shall be used to provide direct serv- today, that we would not proceed on next legislative day. ices. this important bill at this juncture be- ‘‘(2) ADMINISTRATIVE COSTS.—Not more f cause some people thought we would than 5 percent of grant funds received under MEASURE PLACED ON THE need to include a lot of nongermane this section shall be used for administrative amendments. There were a lot of non- costs. CALENDAR—S.J. RES. 40 ‘‘(3) PROHIBITION ON USE FOR CONSTRUCTION Mr. FRIST. I understand there is a relevant amendments that appeared. OR RENOVATION.—Grant funds received under joint resolution at the desk that is due I am very hopeful, because I am a this section shall not be used for construc- for a second reading. strong supporter of this bill as written, tion or renovation of facilities or buildings. The PRESIDING OFFICER. The that we can come to some agreement ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— clerk will read the joint resolution by given the fact there are a majority of There are authorized to be appropriated for people in this Senate who believe in grants under this section, $5,000,000 for fiscal title for the second time. year 2005, $7,000,000 for fiscal year 2006, The legislative clerk read as follows: this bill strongly, that we can come to $10,000,000 for fiscal year 2007, and such sums A joint resolution (S.J. Res. 40) proposing some agreement in terms of time to as may be necessary for each fiscal years 2008 an amendment to the Constitution of the consider this bill with relevant amend- and 2009. United States relating to marriage. ments debated so that we can serve the

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08JY4.REC S08JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7868 CONGRESSIONAL RECORD — SENATE July 8, 2004 American people. That seems not to be DEPARTMENT OF DEFENSE RUTH A. CHRISTOPHERSON, 0000 JAMES D. COBB, 0000 now. Discussions hopefully will con- VALERIE LYNN BALDWIN, OF KANSAS, TO BE AN AS- JAMES F. COLEMAN, 0000 tinue. SISTANT SECRETARY OF THE ARMY, VICE SANDRA L. CARLAND D. COLVIN, 0000 PACK, RESIGNED. JAMES R. COMPTON, 0000 If we cannot do it in a reasonably DAVID M. CRUZ JR., 0000 DEPARTMENT OF STATE short period of time and stay on rel- CHARLES S. DORSEY, 0000 CHRISTOPHER J. LAFLEUR, OF NEW YORK, A CAREER ALAN C. DORWARD, 0000 evant amendments, we just simply are MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF RICHARD J. EVANS III, 0000 not going to be able to do it in this ses- MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- LYNN D. FEES, 0000 DINARY AND PLENIPOTENTIARY OF THE UNITED STATES TERRENCE B. FORNOF, 0000 sion. We have somewhere around 30 leg- OF AMERICA TO MALAYSIA. MICHAEL C. FOSTER, 0000 islative days remaining and we have a MARK E. GOERGEN, 0000 IN THE COAST GUARD TIMOTHY R. GRAMS, 0000 range of issues, some that were ANN M. GREENLEE, 0000 THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- GREG A. HAASE, 0000 brought up on the floor today, issues MENT AS PERMANENT COMMISSIONED REGULAR OFFI- JEFFREY W. HAUSER, 0000 CER IN THE UNITED STATES COAST GUARD IN THE such as homeland security and issues STUART A. HEMMINGSON, 0000 GRADE INDICATED UNDER TITLE 14, U.S.C., SECTION 211: concerning the institution of marriage. MICHAEL E. HUSTED, 0000 To be commander GARY W. KEEFE, 0000 We have the Australia trade bill that JOHN E. KENT, 0000 hopefully we can consider very quickly LAURIE J. MOSIER, 0000 CHARLES G. KING, 0000 IN THE ARMY RANDALL S. KING, 0000 in the near future. We have 13 appro- WAYNE E. LEE, 0000 priations bills, spending bills, that we THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRADLEY S. LINK, 0000 IN THE UNITED STATES ARMY TO THE GRADE INDICATED RICKIE B. MATTSON, 0000 must consider. There are 12 we need to WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND GARY H. MAUPIN, 0000 consider in some way in the next sev- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: MICHAEL P. MCDONOUGH, 0000 STEVEN D. MCMAHON, 0000 eral weeks. Then there are a number of To be lieutenant general DONALD R. MCPARTLAND JR., 0000 judges who we must continue to move LT. GEN. JAMES L. CAMPBELL, 0000 EDWARD E. METZGAR, 0000 RITA C. MEYER, 0000 on. We have all of that in a period of THE FOLLOWING NAMED OFFICER FOR APPOINTMENT GARY J. MOE, 0000 about 30 days. IN THE UNITED STATES ARMY TO THE GRADE INDICATED JOHN S. MORAWIEC, 0000 WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND JON K. MOTT, 0000 It means that as majority leader I RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: KENNETH E. NERESON, 0000 need to insist on reasonable, dis- RYAN A. ORIAN, 0000 To be lieutenant general GERALD E. OTTERBEIN, 0000 ciplined, and regular order in the sense MAJ. GEN. JOHN M. BROWN III, 0000 THOMAS J. OWENS II, 0000 that when we go to a bill, we debate ROBERT J. PARTHENAIS, 0000 IN THE NAVY WALLACE J. PASCHAL II, 0000 that bill, those issues, consider amend- GREGORY P. PIETROCOLA, 0000 ments that are relevant to that bill THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PAUL A. POCOPANNI JR., 0000 IN THE UNITED STATES NAVY TO THE GRADE INDICATED NORMAN A. POKLAR, 0000 and not consider the broad range of WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND JONATHAN T. PROEHL, 0000 issues that we naturally have as Sen- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: RONALD V. SACHSE, 0000 To be vice admiral TERRANCE W. SANDO, 0000 ators. We have to have an orderly proc- EWIN R. SANSOM, 0000 ess. The orderly process led today, be- VICE ADM. ROBERT F. WILLARD, 0000 DENISE O. SCHOFIELD, 0000 GEORGE R. SKUODAS, 0000 cause of the insistence on these non- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JEFFREY S. SMILEY, 0000 germane, nonrelevant amendments, to IN THE UNITED STATES NAVY TO THE GRADE INDICATED EDWIN C. SMITH, 0000 WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND KERRY M. TAYLOR, 0000 a point that we are not going to be able RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: CARL J. THOMAE, 0000 to consider class action reform now. To be vice admiral TIMOTHY G. VAUGHAN, 0000 JOHN H. WAKEFIELD, 0000 So I think what we will see predomi- VICE ADM. ALBERT T. CHURCH III, 0000 WILLIAM B. WALKUP, 0000 nately tomorrow is debate on a very IN THE AIR FORCE KEITH A. WEAVER, 0000 GARY V. WELLS, 0000 important issue to the American peo- THE FOLLOWING NAMED AIR NATIONAL GUARD OF THE JOHN F. WHITE, 0000 ple and to the values of the United UNITED STATES OFFICER FOR APPOINTMENT TO THE BRUCE T. WILLDEN, 0000 GRADE INDICATED IN THE RESERVE OF THE AIR FORCE JONATHAN D. WILLIAMS, 0000 States of America, and that is the issue UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: MICHAEL A. WOBBEMA, 0000 of marriage. We will likely see debate To be colonel IN THE NAVY on that tomorrow, and that debate will NORMAN L. WILLIAMS, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT continue on the constitutional amend- TO THE GRADE INDICATED IN THE UNITED STATES NAVY THE FOLLOWING NAMED AIR NATIONAL GUARD OF THE UNDER TITLE 10, U.S.C., SECTION 624: ment Monday and Tuesday. I would UNITED STATES OFFICER FOR APPOINTMENT TO THE think somewhere during the middle of GRADE INDICATED IN THE RESERVE OF THE AIR FORCE To be commander next week, probably Wednesday, we UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: MYLES E. BROOKS JR., 0000 To be colonel HILLARY KING JR., 0000 will have a vote, the nature of which I JAMES E. WATTS, 0000 THOMAS R. BIRD, 0000 will be talking to the Democratic lead- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT er over the course of tomorrow morn- THE FOLLOWING NAMED AIR NATIONAL GUARD OF THE TO THE GRADE INDICATED IN THE UNITED STATES NAVY ing. UNITED STATES OFFICERS FOR APPOINTMENT TO THE UNDER TITLE 10, U.S.C., SECTION 624: GRADE INDICATED IN THE RESERVE OF THE AIR FORCE To be commander So we had a good debate this week. I UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: am very disappointed in the fact that To be colonel BILLY M APPLETON, 0000 BENEDICT J BROWN, 0000 the other side of the aisle—for the REX A. HINESLEY, 0000 KENNETH D COUNTS, 0000 most part it was the other side of the JERI K. SOMERS, 0000 ROBERT J COYLE, 0000 JAMES T DENLEY, 0000 aisle—insisted on having other amend- THE FOLLOWING NAMED AIR NATIONAL GUARD OF THE MICHAEL L GREENWALT, 0000 ments. I am disappointed we were un- UNITED STATES OFFICERS FOR APPOINTMENT TO THE ALAN M HANSEN, 0000 GRADE INDICATED IN THE RESERVE OF THE AIR FORCE J. P HEDGES JR., 0000 able to fully address class action re- UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: MARK R HENDRICKS, 0000 form. Hopefully, we can come back to To be colonel MICHAEL G MUELLER, 0000 CARLOS B ORTIZ, 0000 it at some point in the future. PETER W. BICKEL, 0000 TIMOTHY L OVERTURF, 0000 WILLIAM D. TAYLOR, 0000 BRENT W SCOTT, 0000 f STUART D SMITH, 0000 THE FOLLOWING NAMED AIR NATIONAL GUARD OF THE DAVID A TUBLEY, 0000 ADJOURNMENT UNTIL 9:30 UNITED STATES OFFICERS FOR APPOINTMENT TO THE STEVEN P UNGER, 0000 GRADE INDICATED IN THE RESERVE OF THE AIR FORCE MIL A YI, 0000 TOMORROW UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT Mr. FRIST. If there is no further To be colonel TO THE GRADE INDICATED IN THE UNITED STATES NAVY business to come before the Senate, I DONALD A. AHERN, 0000 UNDER TITLE 10, U.S.C., SECTION 624: ask unanimous consent that the Sen- DOUGLAS M. AIKEN, 0000 To be commander MARK G. ALLEN, 0000 ate stand in adjournment under the GEORGE W. ASBELL, 0000 CARLA M ALBRITTON, 0000 previous order. JAMES E. ASTOR, 0000 MICHAEL L ANDERSON, 0000 DAVID L. AUGUSTINE, 0000 THOMAS S ARMSTRONG, 0000 There being no objection, the Senate, ROBERT J. BECKLUND, 0000 RAYMOND W BICHARD, 0000 at 8:18 p.m., adjourned until Friday, GEORGE H. BENEFIELD JR., 0000 VICTOR D BLANCO, 0000 STEVEN J. BERRYHILL, 0000 PAUL J BOURGEOIS, 0000 July 9, 2004, at 9:30 a.m. ROBERT M. BRANYON, 0000 FORREST R BROWNE III, 0000 f ERIC W. CAMPBELL, 0000 JOHN D BRUGHELLI, 0000 DAVID E. CANTRELL, 0000 JOSE CERVANTES, 0000 THOMAS H. CANTWELL, 0000 KURT M CHIVERS, 0000 NOMINATIONS DEBRA J. CARROLL, 0000 CHARLES E CHURCHWARD, 0000 Executive nominations received by THOMAS S. CAUTHEN, 0000 WILBURN A CLARKE, 0000 STEWART W. CEARLEY, 0000 MICHAEL E CORSEY, 0000 the Senate July 8, 2004: STEPHEN L. CHASE, 0000 WILLIAM J DARNEY III, 0000

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DANE A DENMAN, 0000 JENNIFER M JAGOE, 0000 PHILIP J BLAINE, 0000 KIT A DUNCAN, 0000 PETER M JOHNSON, 0000 CHRISTOPHER A BLOW, 0000 KENNETH W EPPS, 0000 STEVEN A KEWISH, 0000 JIMMY A BRADLEY, 0000 RACHEL M FANT, 0000 BRIAN S KING, 0000 LEON F BRADWAY, 0000 MARTIN F FIELDS JR., 0000 NEIL M KING, 0000 MICHAEL D BRIDGES, 0000 MATTHEW J GIBBONS, 0000 BARBARA E KNOLLMANNRITSCHEL, 0000 KARI A BUCHANAN, 0000 JOHN E GILLILAND, 0000 CHRISTOPHER A KURTZ, 0000 MARQUEZ F CAMPBELL, 0000 ROWDY C GRIFFIN, 0000 TRI H LAC, 0000 JAMES G CHRISTENSON, 0000 ROBERT J HAMMOND, 0000 LOUIS V LAVOPA, 0000 DANIEL J CORNWELL, 0000 TIMOTHY J HARRINGTON, 0000 BENJAMIN K LEE, 0000 MARK C CROWELL, 0000 MARK K HARRIS, 0000 HEIDI LYSZCZARZ, 0000 CATHI L CULVER, 0000 RICHARD D HEINZ, 0000 JOHN L LYSZCZARZ, 0000 MARY F DAVID, 0000 JAMES M JOHNSON, 0000 DANIEL F MAHER, 0000 ANDREW M DAVIDSON, 0000 KEVIN M JONES, 0000 ELIZABETH A MALEY, 0000 WILLIAM F DAVIS, 0000 DAVID H KAO, 0000 JEANETTE H MATTHEWS, 0000 DANNY W DENTON, 0000 ROBERT J KILLIUS, 0000 SCOTT T MAURER, 0000 KRISTI B DEPPERMAN, 0000 BRYANT W KNOX, 0000 PAUL D MCADAMS, 0000 BEVERLY A DEXTER, 0000 JAMES A LAPOINTE, 0000 MICHAEL S MCCLINCY, 0000 JAIME E DIAZSOLA, 0000 FRANK J LORENTZEN, 0000 MICHAEL B MCGINNIS, 0000 THOMAS L DRIVER, 0000 KYLE P LUKSOVSKY, 0000 LISA M MCGOWAN, 0000 DAVID W DROZD, 0000 DAVID A MARCH, 0000 PATRICIA L MCKAY, 0000 JOSEPH B ESSEX, 0000 THOMAS R MARSZALEK, 0000 MELANIE J MERRICK, 0000 DEANN J FARR, 0000 SCOTT T MCCAIN, 0000 ROBERT N MILLER JR., 0000 JOHN F FERGUSON, 0000 PATRICK J MCCLANAHAN, 0000 ERIN M MOORE, 0000 BRICE A GOODWIN, 0000 THOMAS J MOREAU, 0000 LISA P MULLIGAN, 0000 JOSEPH L GRANADO, 0000 JOSEPH H NEUHEISEL, 0000 PATRICK M MULLIN, 0000 WILLIAM O HAISSIG, 0000 DANIEL J NOLL, 0000 DAVID P MURPHY, 0000 MICHELE A HANCOCK, 0000 GARY J POWE, 0000 DAVID F MURRAY, 0000 GERALYN A HARADON, 0000 JOE F RAY, 0000 JANET N MYERS, 0000 PATRICK L HAWKINS, 0000 MICHAEL L RENEGAR, 0000 DIPAK D NADKARNI, 0000 RICHARD D HAYDEN, 0000 DAVID D SANDERS, 0000 BRIAN R HOSKINS, 0000 SCOTT L NASSON, 0000 TIFFANY A SCHAD, 0000 PAUL B JACOB, 0000 DAVID K NAUGLE, 0000 VINCENT P SCHIAVONE, 0000 RICHARD J JEHUE, 0000 AMY L OBOYLE, 0000 DAVID A SHEALY, 0000 MARY E JENKINS, 0000 PHILIP M OCONNELL, 0000 EDWARD E SIMPSON, 0000 SCOTT L JOHNSTON, 0000 WILLIAM S PADGETT, 0000 ROBERT F SKJONSBY, 0000 DAVID E JONES, 0000 DAVID PALMER, 0000 SCOTT C SMITH, 0000 MARVIN L JONES, 0000 GEORGE A PAZOS, 0000 JOHN D SORACCO, 0000 JEANMARIE P JONSTON, 0000 MICHAEL G PENNY, 0000 CHRISTOPHER T SOSA, 0000 STANLEY J JOSSELL, 0000 MICHAEL J PHIPPS, 0000 ALESSANDRO I STAMEGNA, 0000 RONALD A JURAS, 0000 LEE A PIETRANGELO, 0000 TERRY M SURDYKE, 0000 KAREN J KASOWSKI, 0000 STEVEN J PORTOUW, 0000 DERRIC T TURNER, 0000 FREDERIC J KELLEY III, 0000 MARTIN W PRUSS, 0000 HAROLD W VALENTINE, 0000 KEVIN L KLETTE, 0000 TRENT D RASMUSSEN, 0000 MARK S WHEELER, 0000 SCOTT P LAWRY, 0000 WARD L REED III, 0000 POLLY S WOLF, 0000 RANDAL K LEBLANC, 0000 ROY R RICE, 0000 EDWARD L ZAWISLAK, 0000 JOHN W LEFAVOUR, 0000 MATTHEW C RINGS, 0000 JAMES A LETEXIER, 0000 PETER F ROBERTS, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT LARRY L LOOMIS, 0000 ANTHONIO RODRIGUEZ, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY WILLIAM P MACCHI, 0000 MILDRED RODRIGUEZ, 0000 UNDER TITLE 10, U.S.C., SECTION 624: MARIA K MAJAR, 0000 JUAN A ROSARIOCOLLAZO, 0000 ANN C MARQUEZ, 0000 To be commander JOSEPH D RUGGIERO, 0000 CARLOS J MARTINEZ, 0000 RICHARD J SAVARINO JR., 0000 MICHAEL T ACROMITE, 0000 SCOTT A MCCLELLAN, 0000 ASHLEY A SCHROEDER, 0000 TROY G ANDERSON, 0000 MARTIN D MCCUE, 0000 ERIC L SCHWARTZMAN, 0000 JOSEPH C AQUILINA, 0000 MICAH L MEYERS, 0000 CHRISTINE L G SEARS, 0000 BRIAN K AUGE, 0000 ADAM S MICHELS, 0000 STEPHEN T SEARS, 0000 JOHN B BACCUS III, 0000 LESLIE A MOORE, 0000 PAUL D SEEMAN, 0000 LAUREN D BALES, 0000 THOMAS A MOWELL, 0000 ERIC S SHERCK, 0000 RICHARD D BARROW II, 0000 JOSEPH S MYERS JR., 0000 SOHAIL A SIDDIQUE, 0000 JOHN L BASTIEN, 0000 MANUEL E NAGUIT, 0000 AMANDA J SIMSIMAN, 0000 ANTHONY G BATTAGLIA, 0000 ROBERT E NEWELL, 0000 GEORGE H SMITH, 0000 MARY F BAVARO, 0000 EDWARD C NORTON JR., 0000 LOREN J SMITH, 0000 MARY BECKETT, 0000 ROBERT E OBRECHT, 0000 IFEOLUMIPO O SOFOLA, 0000 STEPHANIE A BERNARD, 0000 LUIS M PEREZ, 0000 JOEL D STEWART, 0000 SANDRA L BIERLING, 0000 NORA M PEREZ, 0000 JAMES A STOREY, 0000 CHARLES S BLACKADAR, 0000 JOSEPH J PICKEL, 0000 ROGER L SUR, 0000 CAROL L BLACKWOOD, 0000 JEFFREY M PLUMMER, 0000 ROSEMARIE C TAN, 0000 JEFFREY A BLAIR, 0000 ANTHONY V POTTS, 0000 JAMES K TARVER, 0000 OCTAVIO A BORGES, 0000 JOHN A RALPH, 0000 JAMES E TOLEDANO, 0000 PAMELA J BRETHAUER, 0000 DYLAN D SCHMORROW, 0000 EDWARD T WATERS, 0000 STACY A BRETHAUER, 0000 RUSSELL D SHILLING, 0000 WILLIAM D WATSON, 0000 WILLIAM J BRUNSMAN, 0000 BRENDA D SMITH, 0000 STEVEN M WECHSLER, 0000 BRYAN S BUCHANAN, 0000 DEBRA R SOYK, 0000 CHRISTOPHER WESTBROOK, 0000 KEVIN D BUCKLEY, 0000 MARK J STEVENSON, 0000 WILLIAM M WIKE, 0000 THOMAS B BUTTOLPH, 0000 VERONICA SULLIVANFREDERICK, 0000 GREGORY A WRIGHT, 0000 JANIS R CARLTON, 0000 ANNE M SWAP, 0000 KIMBERLY S WYATT, 0000 THOMAS M CHUPP, 0000 STEVEN D TATE, 0000 JAMES C YOUNG, 0000 JOSEPH B CLEM, 0000 PAULINE M TAYLOR, 0000 CRAIG M ZELIG, 0000 VICKI J COLAPIETRO, 0000 JEFFREY C TROWBRIDGE, 0000 MICHAEL E COMPEGGIE, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT KEN H UYESUGI, 0000 MARY N COOK, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY MICHAEL P VENABLE, 0000 CARL R COWEN, 0000 UNDER TITLE 10, U.S.C., SECTION 624: MICHIAL S WARRINGTON, 0000 THOMAS A CRAIG, 0000 TIMOTHY H WEBER, 0000 STEVEN D CRONQUIST, 0000 To be commander BRIAN K WILLIAMSON, 0000 MICHAEL P DALGETTY, 0000 TIMOTHY A ACKERMAN, 0000 SHARON M WRIGHT, 0000 ANTHONY E DELGADO, 0000 STEPHEN G ALFANO, 0000 ANNE DENYS, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT KENNETH A BELL, 0000 MARK L DICK, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY BRADLEY R BURNETT, 0000 RICHARD R DOBHAN, 0000 UNDER TITLE 10, U.S.C., SECTION 624: HECTOR A CABALLERO, 0000 ROBERT J DONOVAN, 0000 SOOK K CHAI, 0000 To be commander CHRISTINE E DORR, 0000 JORGE A GRAZIANI, 0000 BRAD H DOUGLAS, 0000 KRISTEN N ATTERBURY, 0000 SCOTT KOOISTRA, 0000 ROBERT DUNBAR JR., 0000 CATHERINE A BAYNE, 0000 SEAN C MEEHAN, 0000 THEODORE D EDSON, 0000 JAMES G BEASLEY, 0000 BRETT T METCALF, 0000 JOHN C ELKAS, 0000 MARGARET S BEAUBIEN, 0000 ANTHONY J OPILKA, 0000 MARK J FLYNN, 0000 VALERIE J BEUTEL, 0000 SCOTT T OZAKI, 0000 STEVEN E GABELE, 0000 CHERYL W BLANZOLA, 0000 VICTOR T Y PAK, 0000 MICHELE L GASPER, 0000 JULIA C BUCK, 0000 TONY L PETERSON, 0000 DAVID W GIBSON, 0000 JOSEPH F BURKARD, 0000 JOHN J RICHARD, 0000 COLLEEN M GILSTAD, 0000 PATRICIA M BURNS, 0000 WILLIAM G SHOEMAKER, 0000 JOHN GILSTAD, 0000 MAUREEN R N BUTLER, 0000 CHRISTOPHER A STEWART, 0000 PATRICK H GINN, 0000 SARAH M BUTLER, 0000 TODD E SUMNER, 0000 WAYNE M GLUF, 0000 IRIS A BYERS, 0000 TIMOTHY B TINKER, 0000 TIMOTHY S GORMLEY, 0000 BARBARA G CAILTEUXZEVALLOS, 0000 KEVIN R TORSKE, 0000 DANIEL L GRAMINS, 0000 PAULA Y CHAMBERLAIN, 0000 DAVID T TURBYFILL, 0000 CHRISTOPHER A HAM, 0000 SUZANNE M CLARK, 0000 TERRY D WEBB, 0000 JOHN S HAMMES, 0000 BRIAN D CLEMENT, 0000 TONY S HAN, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT SHERI R COLEMAN, 0000 JAMES L HANCOCK, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY NANCY K CONDON, 0000 CARY E HARRISON, 0000 UNDER TITLE 10, U.S.C., SECTION 624: KEVIN J COOLONG, 0000 JOHN F HAWLEY, 0000 To be commander CRAIG L COOPER, 0000 DANIEL J HEBERT, 0000 LUZ M CRELLIN, 0000 ELIZABETH M HOFMEISTER, 0000 STEVEN E ALLEN, 0000 BRIAN J DREW, 0000 NICHOLAS M HOLMES, 0000 TIMOTHY D BARNES, 0000 VICKI L EDGAR, 0000 ANTHONY R HOOVLER, 0000 LUIS A BENEVIDES, 0000 TERRY J HALBRITTER, 0000 TIM B HOPKINS, 0000 RICHARD D BERGTHOLD, 0000 BRADLEY J HARTGERINK, 0000 DARRYL K ITOW, 0000 SEAN BIGGERSTAFF, 0000 SANDRA K HEAVEN, 0000

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PENNY M HEISLER, 0000 REBECCA A CONRAD, 0000 TIMOTHY R MARKLE, 0000 ANITA M HENRY, 0000 MATTHEW C DOLAN, 0000 CARMELO MELENDEZ, 0000 LINDA J A HOUDE, 0000 JOEL A DOOLIN, 0000 ROLAND A MINA, 0000 KARON V JONES, 0000 ANNE B FISCHER, 0000 RODNEY M MOORE, 0000 TAMMY C JONES, 0000 BABETTE R GORDON, 0000 BRUCE C NEVEL, 0000 FRANCES G KELLER, 0000 HOLIDAY HANNA, 0000 CRAIG S PRATHER, 0000 BARBARA J KINCADE, 0000 ERROL D HENRIQUES, 0000 ARMAND T QUATTLEBAUM, 0000 KATHLEEN A KNIGHT, 0000 SEAN P HENSELER, 0000 STEPHEN K REVELAS, 0000 RONNELL R LEFTWICH, 0000 THOMAS C HEROLD, 0000 KEVIN L ROYE, 0000 SHARRON A LEWIS, 0000 MATTHEW R HYDE, 0000 GLENN A SHEPHARD, 0000 CATHERINE M MACDONALD, 0000 MICHAEL J JAEGER, 0000 STEVEN L SIMS, 0000 IAN A MACKENZIE, 0000 PAUL C KIAMOS, 0000 LESLIE S STEELE, 0000 REBECCA A MALARA, 0000 LOURAE LANGEVIN, 0000 GEORGE N SUTHER, 0000 TRISHA C MARTIN, 0000 DON A MARTIN, 0000 GARY A TAVE, 0000 JOHN P MAYE, 0000 ANTHONY J MAZZEO, 0000 PAUL J VANDENBERG, 0000 JONIE L MCBEE, 0000 JAMES R MCFARLANE, 0000 JOHN D WHITE, 0000 CATHERINE J MCDONALD, 0000 GORDON E MODARAI, 0000 BARNEY S WILLIAMS, 0000 CHERYL L MCDONALD, 0000 WILLIAM F OBRIEN, 0000 JOY L MURRAY, 0000 JAMES A PROTIN, 0000 MICHAEL A NACE, 0000 MARY S REISMEIER, 0000 f LAURA A PAGANO, 0000 ADRIAN J ROWE, 0000 JOANNE M PETRELLI, 0000 GARY E SHARP, 0000 CONFIRMATIONS TANYA M PONDER, 0000 STEPHANIE M SMART, 0000 PAMELA J PORTER, 0000 ERIN E STONE, 0000 Executive nominations confirmed by KAREN S PRUETT, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DON S RAYMUNDO, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY the Senate July 8, 2004: KURK A ROGERS, 0000 UNDER TITLE 10, U.S.C., SECTION 624: CHRISTOPHER E SCHMIDT, 0000 IN THE MARINE CORPS To be commander KIMBERLY W SHIPLEY, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT GLENDA D SINK, 0000 JOHN J ADAMETZ, 0000 IN THE UNITED STATES MARINE CORPS TO THE GRADE DOROTHEA A SLEDGE, 0000 JOHN C ALBERGHINI, 0000 INDICATED WHILE ASSIGNED TO A POSITION OF IMPOR- GORDON R SMITH, 0000 MICHAEL J ANGERINOS, 0000 TANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., LAVENCION V STARKS, 0000 HECTOR A ARELLANO JR., 0000 SECTION 601: SUSAN A STEINER, 0000 GARTH B BERNINGHAUS, 0000 AMY M TARBAY, 0000 TIMOTHY P COWAN, 0000 To be general PERRY J WEIN, 0000 MARK K EDELSON, 0000 MOISE WILLIS, 0000 LT. GEN. JAMES E. CARTWRIGHT ROBERT M FAIRBANKS, 0000 PATRICIA A WIRTH, 0000 EDDIE G GALLION, 0000 IN THE NAVY JAMIE H WISE, 0000 ROBERT W GANOWSKI, 0000 CONSTANCE L WORLINE, 0000 PETER E HANLON, 0000 THE FOLLOWING NAMED OFFICER FOR REAPPOINT- MARY A YONK, 0000 TODD B HENRICKS, 0000 MENT AS CHIEF OF NAVAL OPERATIONS, UNITED STATES THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JEFFREY D HICKS, 0000 NAVY, FOR AN ADDITIONAL TERM OF TWO YEARS, AND TO THE GRADE INDICATED IN THE UNITED STATES NAVY JOHN A KLIEM, 0000 APPOINTMENT TO THE GRADE INDICATED WHILE AS- UNDER TITLE 10, U.S.C., SECTION 624: RONALD F KRAMPS, 0000 SIGNED TO A POSITION OF IMPORTANCE AND RESPONSI- To be commander MICHELLE C LADUCA, 0000 BILITY UNDER TITLE 10, U.S.C., SECTIONS 601 AND 5033: GREGORY D LUNSFORD, 0000 To be admiral DAVID A BERGER, 0000 CYNTHIA J MANNING, 0000 TIERNEY M CARLOS, 0000 RAYMOND J MARDINI, 0000 ADM. VERNON E. CLARK

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