Senate the Senate Met at 9 A.M

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, FRIDAY, OCTOBER 8, 2004 No. 127 Senate The Senate met at 9 a.m. and was agreement on the conference report, take that long. We can very efficiently called to order by the President pro and therefore I will file a cloture mo- work through these items, but every tempore (Mr. STEVENS). tion on it this morning. Senator is going to have to cooperate. Immediately after filing of that clo- If not, it will be necessary to continue PRAYER ture, we will begin the vote on invok- late tonight, Saturday, and possibly The Chaplain, Dr. Barry C. Black, of- ing cloture on the McConnell-Reid sub- Sunday with these four items we must fered the following prayer: stitute amendment to the intelligence complete before adjourning. Let us pray. reform and homeland security resolu- We will be voting throughout today Almighty God, from the rising of the tion. The managers made substantial and, if necessary, tomorrow and into Sun to the coming of evening, we lift progress over the course of yesterday Sunday. I believe we could finish all of Your name in praise. During these long and last night. At this juncture, we are this even late today if Senators focus days and short nights, we have felt down to only a handful of amendments. on it and work together. Again, we Your presence. Thank You for sus- Senators who do have amendments need to finish all four items before we taining our lawmakers in their chal- remaining should stay close to the adjourn. lenging work. Strengthen them to do Chamber this morning as we hope to I will be happy to yield for a moment what is right so that our Nation will be move quickly on the underlying resolu- to the Democratic leader before pro- blessed by Your love. Empower them to tion. If Members are not timely in ceeding to the FSC conference report. coming to offer their amendments, we treat one another with respect and f honor. Teach us to hate what is evil will be moving to adoption of the reso- and to cling to what is good. Remind us lution. RECOGNITION OF THE MINORITY of how fleeting the days of our lives At this juncture, we really should LEADER have no delay. Every hour that we are, and give us the wisdom to prepare The PRESIDING OFFICER (Mr. delay over the course of today means for eternity. BOND). The Senator from South Dakota an hour later before we adjourn, wheth- We anticipate all You are going to do is recognized. in the coming months. Lord, You are er that is later tonight or tomorrow or our God. We will exalt You and praise the next day. We need to move on to f complete the remaining legislative Your name, for in perfect faithfulness INTELLIGENCE REFORM You have done marvelous works. items before our adjournment. As we Amen. all know, the clock is working against Mr. DASCHLE. Mr. President, last us. night, we reached agreement on a fi- f We will finish the pending intel- nite list of amendments to the intel- PLEDGE OF ALLEGIANCE ligence reform resolution. We will fin- ligence reorganization resolution. As I The PRESIDENT pro tempore led the ish the FSC/ETI conference report. We understand it, there are six amend- Pledge of Allegiance, as follows: will finish the Homeland Security ap- ments that will be addressed today fol- I pledge allegiance to the Flag of the propriations conference report. Fi- lowing cloture, so we have made good United States of America, and to the Repub- nally, we also expect to finish the De- progress. It is a resolution I strongly lic for which it stands, one nation under God, partment of Defense authorization con- support. Like the 9/11 Commission leg- indivisible, with liberty and justice for all. ference report. islation, it is imperative that we finish f Obviously, from those four items you it. It is imperative that we have an op- can see we have a lot to do, a full plate portunity to work through these RECOGNITION OF THE MAJORITY of business before our adjournment. amendments. I hope everybody could LEADER Yet all of these can be handled expedi- cooperate with regard to time on the The PRESIDENT pro tempore. The tiously, but it is going to take the co- amendments. majority leader is recognized. operation of each and every one of our I again commend the two managers. f Members. Individual Members are This has not been an easy task. Deal- going to be able to determine whether ing with legislative jurisdiction is one SCHEDULE we have to continue to work through of the trickiest of all the challenges Mr. FRIST. Mr. President, in a mo- the weekend, including Saturday and and efforts we as legislators face. They ment we will proceed to the conference Sunday, to complete our business. have done a masterful job. I commend report to accompany the FSC/ETI, or I don’t believe, if you look at it and them again this morning and look for- JOBS bill. It is my understanding that you look at where each of these four ward to completing our work today. we would be unable to reach a time items is, that it is necessary for it to I yield the floor.

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

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VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10764 CONGRESSIONAL RECORD — SENATE October 8, 2004 AMERICAN JOBS CREATION ACT Bill Frist, Mitch McConnell, Harry Reid, Mr. MCCONNELL. Mr. President, I OF 2004—CONFERENCE REPORT John Cornyn, Craig Thomas, James ask unanimous consent that the pend- Inhofe, Mike Crapo, Conrad Burns, THE PRESIDING OFFICER. The ma- ing amendment be temporarily set Norm Coleman, Tom Daschle, Lamar aside. jority leader is recognized. Alexander, James Talent, Wayne Mr. FRIST. I now move to proceed to Allard, Gordon Smith, Larry Craig, The PRESIDING OFFICER. Without the conference report to accompany Robert Bennett, Pete Domenici, Susan objection, it is so ordered. H.R. 4520. Collins. AMENDMENT NO. 4035, AS MODIFIED The PRESIDING OFFICER. The The PRESIDING OFFICER. By unan- Mr. MCCONNELL. Mr. President, I question is on agreeing to the motion imous consent, the mandatory quorum call up amendment No. 4035 for the ma- to proceed to the conference report. call has been waived. jority leader, Senator FRIST. I under- Without objection, the motion is The question is, Is it the sense of the stand a modification to the amendment agreed to. Senate debate on Amendment No. 3981, is at the desk. I ask unanimous consent CLOTURE MOTION offered by the Senator from Kentucky, that the modification be accepted. Mr. FRIST. Mr. President, I send a Mr. MCCONNELL, shall be brought to a The PRESIDING OFFICER (Mr. cloture motion to the desk. close? ALLARD). Is there objection? The PRESIDING OFFICER. The clo- The yeas and nays are mandatory The Senator from Nevada. Mr. REID. Mr. President, I suggest ture motion having been presented under the rule. the absence of a quorum. under rule XXII, the Chair directs the The clerk will call the roll. The PRESIDING OFFICER. The clerk to read the cloture motion. The legislative clerk called the roll. Mr. MCCONNELL, I announce that clerk will call the roll. The legislative clerk read as follows: The legislative clerk proceeded to CLOTURE MOTION the Senator from Colorado (Mr. CAMP- BELL), the Senator from Georgia (Mr. call the roll. We the undersigned Senators, in accord- Mr. MCCONNELL. Mr. President, I CHAMBLISS), and the Senator from New ance with the provisions of rule XXII of the ask unanimous consent that the order Hampshire (Mr. SUNUNU) are nec- Standing Rules of the Senate, hereby move for the quorum call be rescinded. to bring to a close debate on the conference essarily absent. Mr. HARKIN. Mr. President, I object. report to accompany H.R. 4520, a bill to Mr. REID, I announce that the Sen- The PRESIDING OFFICER. Objec- amend the Internal Revenue Code of 1986 to ator from North Carolina (Mr. tion is heard. remove impediments in such code and make EDWARDS), the Senator from Florida our manufacturing service technology busi- The legislative clerk continued with (Mr. GRAHAM), the Senator from South nesses and workers more competitive and the call of the roll. Carolina (Mr. HOLLINGS), the Senator productive both at home and abroad. Mr. MCCAIN. Mr. President, I ask Bill Frist, Chuck Grassley, Ted Stevens, from Massachusetts (Mr. KERRY), the unanimous consent that the order for Kay Bailey Hutchison, Conrad Burns, Senator from Vermont (Mr. LEAHY), the quorum call be rescinded. Thad Cochran, Norm Coleman, George and the Senator from Connecticut (Mr. Mr. HARKIN. I object. Allen, Larry Craig, Trent Lott, Mitch LIEBERMAN) are necessarily absent. The PRESIDING OFFICER. Objec- McConnell, Jon Kyl, Craig Thomas, The PRESIDING OFFICER (Mr. tion is heard. John Cornyn, Ben Nighthorse Camp- BOND). Are there any other Senators in bell, Elizabeth Dole, and James Talent. The legislative clerk continued with the Chamber desiring to vote? the call of the roll. Mr. FRIST. I believe we are now The yeas and nays resulted—yeas 88, Mr. HATCH. Mr. President, I ask ready to proceed to the cloture vote on nays 3, as follows: unanimous consent that the order for the McConnell-Reid amendment to the [Rollcall Vote No. 204 Leg.] the quorum call be rescinded. intelligence resolution. YEAS—88 Mr. HARKIN. I object. f Akaka Dodd Lugar Mr. HATCH. I cannot make a unani- INTELLIGENCE COMMITTEE Alexander Dole McConnell mous consent request. Allard Domenici REORGANIZATION Mikulski Mr. HARKIN. I object. Allen Dorgan Miller Mr. HATCH. I ask unanimous consent The PRESIDING OFFICER. Under Baucus Durbin Murkowski Bayh Ensign that the order for the quorum call be the previous order, the Senate will re- Murray Bennett Enzi Nelson (FL) rescinded. sume consideration of S. Res. 445, Biden Feingold Nelson (NE) The PRESIDING OFFICER. Without Bingaman Feinstein which the clerk will report. Nickles Bond Fitzgerald objection, it is so ordered. Pryor The legislative clerk read as follows: Boxer Frist Mr. HATCH. Mr. President, I ask A resolution (S. Res. 445) to eliminate cer- Breaux Graham (SC) Reed unanimous consent that I be permitted tain restrictions on service of a Senator on Brownback Grassley Reid Roberts to speak for up to 1 hour and after that the Senate Select Committee on Intel- Bunning Gregg Rockefeller the quorum be reinstituted. ligence. Burns Hagel Byrd Harkin Santorum Mr. REID. Reserving the right to ob- Pending: Cantwell Hatch Sarbanes ject, his hour will be counted against McConnell/Reid/Frist/Daschle Amendment Carper Hutchison Schumer the time for the cloture; is that right? No. 3981, in the nature of a substitute. Chafee Inhofe Sessions Clinton Inouye Shelby Mr. HATCH. No, because I am not Bingaman (for Domenici) Amendment No. Cochran Jeffords Smith speaking on the bill. 4040 (to Amendment No. 3981), to transfer ju- Coleman Johnson Snowe Mr. REID. I object, then. risdiction over organization and manage- Conrad Kennedy Specter Mr. HATCH. That is fine. ment of United States nuclear export policy Cornyn Kohl Stabenow Mr. REID. I objected. to the Committee on Energy and Natural Re- Corzine Kyl Stevens Mr. HATCH. Fine. Your request is sources. Craig Landrieu Talent Crapo Lautenberg Thomas fine. CLOTURE MOTION Daschle Levin Warner Mr. REID. The hour will be counted? Dayton Lincoln The PRESIDING OFFICER. Under Wyden DeWine Lott Mr. HATCH. Fine. the previous order, the cloture motion The PRESIDING OFFICER. Without having been presented under rule XXII, NAYS—3 objection, it is so ordered. the Chair directs the clerk to read the Collins McCain Voinovich The Senator from Utah is recognized motion. NOT VOTING—9 for 1 hour. The legislative clerk read as follows: Campbell Graham (FL) Leahy Mr. HATCH. I thank the distin- CLOTURE MOTION. Chambliss Hollings Lieberman guished minority whip and, of course, We the undersigned Senators in accordance Edwards Kerry Sununu my friend from Iowa for their courtesy. with the provisions of rule XXII of the stand- The PRESIDING OFFICER. On this I have been wanting to give these Sen- ing rules of the Senate do hereby move to vote, the yeas are 88, the nays are 3. ate remarks as in morning business bring to a close debate to the pending ever since yesterday. amendment on S. Res. 445, a resolution to Three-fifths of the Senators duly cho- eliminate certain restrictions on service of a sen and sworn having voted in the af- MEDICARE MODERNIZATION ACT Senator on the Senate Select Committee on firmative, the motion is agreed to. Mr. President, over the past few Intelligence. The assistant Republican leader. weeks several of our colleagues on the

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2004 CONGRESSIONAL RECORD — SENATE S10765 other side of the aisle have given rous- Rick Foster, the chief actuary for the This noninterference clause does not ing statements on health care. Centers for Medicare and Medicaid prohibit Medicare from negotiating There is no question that health care Services confirmed these facts to us with drug makers. It prohibits CMS is of paramount importance on Amer- earlier this year in a Finance Com- from interfering in those negotiations. ican families. On that we can all agree. mittee briefing and we all know that. That is a far cry from some of the fal- I am sure it will come as no surprise Even after that briefing, however, some lacious statements that have been that I disagree with a number of points chose to continue this erroneous at- made on this floor. my colleagues have raised. In fact, tack, perhaps because they did not Let me be clear, the non-interference some of their allegations are just plain take the time to attend the briefing. clause is at the heart of the bill’s wrong, particularly with respect to the To me, this is but another indication of structure for delivering prescription Medicare prescription drug law which I election year hyperbole. drug benefits. This clause ensures helped to negotiate. Let me also be clear that we did have those savings will result from market I was a member of the tripartisan the official cost estimate on the Medi- competition, rather than through price group that came up with a bill that I care bill before the vote. That esti- fixing by the CMS bureaucracy. That is think would have been supported by mate, as my colleagues are well aware, what was behind this. Let’s not distort the 20 Democrats at the time. I have is the one from the Congressional these provisions. been working on this ever since and Budget Office, not CMS. That is what What is ironic about the minority was on the conference committee, sat binds us. That cost estimate, our offi- charges on this provision—some in the in for days, weeks, and months on that cial cost estimate, by the entity we minority; not all in the minority would conference committee to negotiate this rely on in Congress, was available to agree with some of these fallacious bill. every Member of Congress before the charges—but what is ironic about these It is mind-boggling some Senators measure was presented to either the minority charges by some on this pro- seem willing to sacrifice the health and House or the Senate. vision is that the same non-inter- well-being of beneficiaries by spreading No one should doubt that we had the ference clause was in the Daschle-Ken- mistruths about the law. These true cost estimate for the prescription nedy-Rockefeller bill and the Gep- mistruths could cause a beneficiary to drug bill last year, and everyone in this hardt-Dingell-Stark bills in the year forego learning more about provisions body and the other body had access to 2000. in the law that could really help, such it before the vote. I hate to say this, but if my memory as the Medicare-approved discount card There also have been claims that the serves me correctly, these are leading program which study after study shows administration changes its cost esti- is delivering real savings, or the vol- Democrats in the Senate and in the mate. Again, that is not the case. The untary Part D benefits that begin in House. They are not Republicans. It is President’s mid-session review did up- 2006. the same provision that is being con- This continued misinformation and date the estimates of Medicare outlays, demned by some in this body through set of damaging attacks are a tremen- but it did not change the estimate of hyperbole, political hyperbole. In fact, dous disservice to Medicare bene- the Medicare Modernization Act, the I want to read this to you: ficiaries. So I wanted to take this op- MMA. In administering the prescription drug ben- portunity to set the record straight. In fact, Rick Foster, the CMS actu- efit program established under this part, the Opponents have characterized the ary, has said you simply cannot add Secretary may not—(1) require a particular Medicare law as a failure for bene- the change in estimated outlays to the formulary or institute a price structure for MMA estimate and declare you have a benefits; (2) interfere in any way with nego- ficiaries. What poppycock. To me, we tiations between private entities and drug would have failed had we not passed new estimate. Apparently, Mr. Foster’s words, the manufacturers, or wholesalers; or (3) other- the Medicare Modernization Act, had wise interfere with the competitive nature of we not given beneficiaries what they words of a trained actuary, don’t mat- providing a prescription drug benefit need, meaningful prescription drug ter to some of these so-called critics. If through private entities. opponents of the Medicare bill value coverage and a stronger Medicare Pro- Now, what is the source of that lan- his opinion of cost estimates so highly, gram. guage? It is from S. 2541, the Medicare why do they ignore him now? That is Let me highlight a few areas in Expansion for Needed Drugs, or MEND, amazing to me. They will quote part of which we need to set the record Act, introduced in 2000 by Senator what he said—but ignore the other part straight. The first is the cost estimates DASCHLE and cosponsored by 33 Demo- of what he said. Mr. Foster has said of the MMA. I will refer to this bill, the crats, including Senator KERRY. Think that the MMA estimate has not Medicare Modernization Act, from here about it, some of the very people who changed; but despite that, opponents of on in as the MMA. That means the are criticizing the MMA, that passed the MMA have wrongly claimed that it Medicare Modernization Act. overwhelmingly in both Houses of Con- did. Let me talk about cost estimates. gress. Again, it is just political hyperbole. The central theme echoed by those who I find it curious that this approach, We had—and have—the true cost esti- seek to discredit the new Medicare law which is mislabeled as ‘‘preventing mates from CBO. Case closed. That is is the allegation that the administra- Medicare from negotiating,’’ was fine what we have to rely on in the Senate tion hid the true cost of the Medicare in the year 2000 when the Democrats Finance Committee. law from the Congress before the final were putting forth a bill, but not fine Now let me address the accusations vote. when enacted into law by a Republican This is simply political election year that the bill prohibits Medicare from President and a Republican Congress in hyperbole. negotiations with drug companies. This 2003. The opponents of the drug benefit is another one of the fallacious things I must remind my colleagues that have made this claim because the com- that enemies of the bill have been Senator DASCHLE, the distinguished plete and final cost estimate from the spewing forth. Senator from South Dakota, once said: CMS Office of the Actuary was not fin- Those who make this charge imply, ished before the vote took place. wrongly, that the price charged to Our plan gives seniors the bargaining Let’s be clear, the administration’s beneficiaries is not subject to negotia- power that comes with numbers. . . . Our plan mirrors the best practices used in the cost estimate was not withheld from tion. That could not be further from private sector. For beneficiaries in tradi- Congress because there was not a final the truth. The truth is, Medicare pre- tional Medicare, prescription drug coverage cost estimate from CMS to withhold. scription drug plans will be negotiating would be delivered by private entities that The CMS cost estimate was not even with drug makers. These negotiations negotiate prices with drug manufacturers. completed until December 23, 2003— are the very heart of the new Medicare This is the same mechanism used by private long after the House and Senate vote, drug benefit. insurers. long after the bill was signed into law. The absurd claim that the Govern- Think about that. I think those who So let’s get rid of that argument right ment will not be negotiating with drug advance these arguments that you can- off the bat because it is a false, falla- makers comes from a non-interference not have competitive work with regard cious argument. clause in the Medicare law. to drug pricing ought to be ashamed of

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10766 CONGRESSIONAL RECORD — SENATE October 8, 2004 themselves and ought to quit playing others. The larger the group that would for President, Senator JOHN KERRY. politics with a bill that is so important be newly entitled to receive a Federal But that was then, I guess this is now. for senior citizens all over this coun- price, the greater the incentive for All of a sudden, this provision they try. drug manufacturers to raise that price. adopted, that they were articulating, A related charge I heard one minor- The GAO stated that with the Med- that they were pushing, is now sud- ity Senator make was that this so- icaid rebate experience, specifically, denly a bad provision for senior citi- called non-interference language con- that following enactment of the rebate zens. tributed to next year’s Part B premium program, discounts for outpatient Moving along, I want to talk about increase. Again, this is plain wrong. drugs decreased significantly because the Part B premium increase. There The Part B premium reflects the manufacturers raised the prices they has been a good deal of criticism on the costs of Part B benefits. These include charged large private purchasers. Now, increase of the Part B premium, and physician services and other outpatient this shows how Federal and non-Fed- that was understandable as many of us services. eral drug price discounts could change were shocked at so high a jump. Many I would like to remind my colleagues if Medicare beneficiaries had access to of us were concerned about the impact that when Medicare was first created, the same price discounts available to this could have on beneficiaries, espe- the Government paid 50 percent of the Federal purchasers. cially those living on fixed incomes. premiums and beneficiaries paid 50 per- It is common sense that expanding But it might be helpful to look at cent of the premiums. That was when access to the Medicaid rebate means why this increase occurred rather than Medicare was instituted. Today, the weaker discounts for everyone. If al- demagogue about it. Government pays 75 percent of the pre- most everyone can get the Medicaid The vast majority of the premium in- miums and beneficiaries pay only 25 ‘‘best price,’’ then no one gets a dis- crease resulted from physician pay- percent of the premiums because we in count. ment changes made in a previous year the Congress were trying to help limit Another charge we hear frequently is and by those in the Medicare Mod- beneficiaries’ out-of-pocket costs. that Congress should give Medicare ernization Act that were needed to en- Those who suggest this non-inter- beneficiaries access to the Veterans’ sure beneficiaries’ access to care. I ference language will drive up the cost Administration approach. Well, what can’t relate how many letters I have of implementing the law simply do not these critics do not tell beneficiaries received over the past few years from have the facts or the legislation on about the VA model is that it is a very beneficiaries and providers alike who their side. restrictive formulary and that the were concerned about the negative im- This is what the CBO said about drugs are available only through a lim- pact of reductions in physician reim- eliminating the non-interference ited number of VA pharmacies. bursement. Preventing those cuts was clause in a letter earlier this year: The VA has lower prices in part be- not a partisan issue. Indeed, Repub- licans and Democrats worked to pre- [T]he Secretary would not be able to nego- cause it has a very restrictive for- tiate prices that further reduce federal mulary. Now, this puzzles me because vent payment cuts to physicians so ac- spending to a significant degree. many proponents of the VA system cess to their services would be pro- The CBO in that letter went on to also have expressed the concern of en- tected. In fact, some of today’s most vocal say: suring beneficiaries’ access to drugs. In calling for the VA system, Fami- critics of the administration joined CBO estimates that substantial savings with 71 Democrat and Republican Sen- will be obtained by the private plans. lies USA spotlighted 15 drugs com- ators to sign a letter to the adminis- Now, let us be clear: Direct Govern- monly taken by Medicare beneficiaries. In fact, of the 15 drugs mentioned by tration calling for immediate action to ment negotiation is not the answer. prevent payment cuts to physicians. The Government does not negotiate Families USA, only nine are even on the VA formulary. The rest are not We all knew that had to be done if we drug prices. That would be price con- were going to be fair to those on Medi- trol, and it would, I think, inevitably even covered. Sixty-one percent of the drugs on the care. Virtually all of us hailed the en- cause prices to rise as companies would suing action to prevent the physician not be able to do business in this coun- VA formulary are generic drugs. If a Medicare beneficiary needed a brand- pay cuts. try as they have in the past. Yet today many of my colleagues on name drug—and the vast majority ei- The bill’s entire approach is to get the other side of the aisle criticize the ther do or will—the beneficiary would Medicare beneficiaries the best deal Part B premium increase, four-fifths of have to meet a narrow set of excep- through vigorous market competition, which is directly attributable to the tions to get that brand-name drug not price controls. actions they requested to prevent the under the VA system. Again, it might be illustrative to decrease in physician payments. Is that quote from the distinguished minority The drugs are only dispensed at VA facilities. Such a closed system would right? I don’t think so. leader, Senator DASCHLE, when he out- Let’s look at another reason the Part limit Medicare beneficiaries’ access to lined the principles for the MEND Act. B premium increased so much this their neighborhood pharmacy. I am not Now remember, the MEND Act was a year. Democrat-sponsored act. This is what for limiting beneficiaries’ access to Congress increased payments made Senator DASCHLE said: their neighborhood pharmacies. And I on behalf of beneficiaries who choose a [W]e should take a lesson from the best don’t think any of my colleagues are Medicare Advantage plan. The higher private insurance companies: Cost-savings either, in spite of some of the com- payments, like the physician pay- should be achieved through competition, not ments that have been made on the ments, were necessary to preserve ac- regulation or price controls. floor of the Senate. cess to Medicare Advantage plans and So while proposing the VA system Now, keep in mind, they had the were supported by both Democrats and might make for a good sound bite or same provision in their bill that they Republicans. are criticizing now in the MMA. advantageous sound bite, they might In a letter to Medicare conferees, This year, even the Washington Post, think, there are some important facts several prominent Democratic Sen- in a February 17 editorial, stated that: they are not sharing that could do ators expressed support for including Governments are notoriously bad at set- more harm than good. And those facts these higher payments in the final ting prices, and the U.S. government is noto- were taken into consideration when we Medicare bill. Senator KERRY, by the riously bad at setting prices in the medical wrote this bill. way, was a lead cosponsor of an amend- realm. We did not rely on CMS price fixing, ment to increase Medicare Advantage There is proof of that. but instead created a new drug benefit funding. In an August 2000 report, the Govern- that relies on strong market competi- In his floor statement last June, he ment Accountability Office, the GAO, tion and an approach in keeping with said: found that drug manufacturers could the principles of the MEND Act, the The Schumer-Santorum-Kerry amendment respond to a mandate that they extend Democratic act, as introduced by Sen- focuses on protecting this important option Federal prices to a larger share of pur- ator DASCHLE and cosponsored by 33 for seniors who have nowhere else to turn for chasers by adjusting their prices to Democrats, including their candidate the quality health care coverage they need.

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2004 CONGRESSIONAL RECORD — SENATE S10767 Senator KERRY went on to state: To me, their actions are irresponsible Neilson began her legal career as an as- I urge my colleagues to support the addi- and wrong and should be condemned as sociate at the Detroit law firm of Dick- tional funding that is urgently needed to election year politicking at its very inson Wright, one of the oldest and strengthen the Medicare+Choice program for worst. most prestigious law firms in Michi- seniors. This should be among our highest Beneficiaries deserve much better. I gan. She became a partner in the firm priorities in this year’s Medicare debate. hope my colleagues will think twice in 1986 and continued to practice there ‘‘Among the highest priorities’’—that about frightening beneficiaries with until 1991. While in private practice, is their nominee for President of the untruths and distortions. The new Judge Neilson appeared in court on a United States. These are the reasons Medicare law is a solid attempt to im- regular basis and handled hundreds of the Medicare premiums went up. It prove some glaring deficits in the cases at both the trial and appellate wasn’t because of the new Medicare Medicare program and should be her- levels. bill. I find it so disingenuous for some alded as what it is: a bipartisan effort In 1991, Governor John M. Engler ap- of my colleagues to question the pre- to help seniors and the disabled, and pointed her to the 3rd Judicial Circuit mium increase when they, in fact, sup- not hurt them as some so irresponsibly Court of Michigan, the largest trial ported the changes that led to the pre- have charged. court in the State. She was reelected mium increase. Better medical care How anybody can say that this new to that post in 1992, 1996, and 2002. She and more widespread medical care is Medicare bill will not help seniors currently is assigned to the criminal being given as a result of the bipar- when we are going to spend an addi- division of the court. tisan work that we did. tional $400 billion plus over the next Despite her busy schedule, Judge There were also six amendments to number of years that would never have Neilson makes it a priority to give the Medicare bill introduced by Demo- been there without this bill is beyond back to the community. She is active cratic Senators that, if approved, me. I don’t see how anybody can stand in many service organizations includ- would have increased the Part B pre- up with a straight face and make some ing the Catholic Lawyers Society and mium even more—six amendments by of the comments and charges that have the Worship Commission of her church. Democrats that would have increased been made. In all honesty, it is hard to She served as President of her local the Part B premium even more. Yet we believe some of these charges. And in chapter of Soroptimist International, a hear the persistent minority drumbeat the process, we have taken care of worldwide organization working to pro- trying to say that this increase was more of the poor than was even con- mote human rights and the status of caused by the new Medicare reform templated by the prior attempts to re- women. bill. form Medicare. The poor are very much Judge Neilson is also a prolific writ- That is pure bunk. The amazing helped by that bill. Frankly, virtually er. She has written numerous articles thing is, I guess they don’t fully realize everybody is very much helped by that and was co-editor and author of Michi- it. So I am making this speech to make bill. I personally think it is despicable gan Civil Procedure, a two-volume sure they do realize it and that they to come on the floor or to speak in pub- treatise on all areas of Michigan civil understand it. When we hear charges lic and try to scare our seniors so they practice. This treatise was selected by that the new Medicare bill drove up the don’t know what to do. Seniors can the Michigan Judicial Institute for Part B premium—which as I have have confidence in CMS and have some purchase on behalf of every trial court noted are largely false—we must also confidence in the Medicare bill which judge in the State of Michigan and re- keep in mind the fact that the pre- will be for their benefit. ceived the ‘‘Plain English Award’’ from the State Bar of Michigan. I also un- mium increase will not affect low-in- JUDICIAL NOMINATIONS derstand that she is currently working come beneficiaries, whose premiums Mr. HATCH. Mr. President, I rise to on a new book. are paid for by the Government. speak about four fine judicial nominees Judge Neilson is imminently quali- We must also bear in mind the impor- that deserve votes before we adjourn fied for the Sixth Circuit. I commend tant fact that the premium also re- this Congress. Three of these four her to my colleagues and urge them to flects new Medicare coverage for im- nominees received the ABA’s highest vote for her confirmation. portant preventive benefits. rating, unanimously ‘‘well-qualified.’’ Micaela Alvarez, nominated to be Practically every other American The Judiciary Committee has thor- United States District Judge for the with private health coverage has a oughly reviewed their background and Southern District of Texas, is an expe- wider array of preventive benefits. But qualifications and determined that rienced attorney and trial judge. She Medicare beneficiaries, who could pos- they would all make fine Federal began her legal career in 1989 as an As- sibly benefit the most from the value judges. All four were reported favor- sociate Litigation Attorney at the law of prevention, did not have the benefit ably by the committee, three of the firm of Atlas & Hall, in McAllen, TX. of coverage for many of these basic pre- four by unanimous vote. They have put Her practice focused primarily on in- ventive services prior to enactment of forward their good names for the Sen- surance defense, employment defense, the Medicare reform bill. ate’s evaluation, and they deserve our and wrongful discharge defense. Judge That didn’t make sense. Now Medi- attention before we adjourn. We owe Alvarez later joined the Law Offices of care will cover important screenings them no less. Ronald G. Hole where she expanded her for cholesterol and diabetes, as well as Susan Neilson has been waiting a practice to include medical mal- the initial physical. long time for a vote. She was nomi- practice defense and products liability. Finally, the MMA can save bene- nated to the Sixth Circuit Court of Ap- In 1995, she was appointed to the 139th ficiaries money. Reforms and overpay- peals, for a seat that has been classi- Judicial District Court in Hidalgo ments for drugs, combined with the fied as a judicial emergency, on No- County, TX, where she served as pre- new preventive benefits, will lower vember 8, 2001. That is nearly 3 years siding judge. beneficiaries’ out-of-pocket costs by that she has been waiting for this body Judge Alvarez brings a wealth of ex- $270 million in 2005. to consider her nomination. Mr. Presi- perience to the Federal bench, and she Beneficiaries deserve to know the dent, it is time. will make an excellent addition to the facts, not to be fed lines that amount Judge Neilson is an outstanding can- Southern District of Texas. to nothing more than political year didate for this post. She received a Keith Starrett, nominated to the potshots. They deserve to know how unanimous ‘‘well qualified’’ rating U.S. District Court for the Southern the new benefit will work, not to be from the American Bar Association. District of Mississippi, is an excep- given misleading information that may She graduated with high distinction tional nominee with a long and distin- cause them to forgo learning more from the University of Michigan Hon- guished record both as an attorney and about the prescription drug benefit. ors College in 1977 and was elected to judge. He is a graduate of Mississippi Quite frankly, I am surprised and dis- Phi Beta Kappa. Judge Neilson re- State University and the University of mayed that some who claim to care ceived her law degree, cum laude, from Mississippi School of Law. He is an ex- about seniors and the disabled have un- Wayne State University School of Law perienced litigator who has represented fairly distorted the new law and have in 1980 and was a member of its law re- plaintiffs, defendants, debtors, credi- spread falsehoods about what it does. view. Following her graduation, Judge tors, and criminal defendants in both

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10768 CONGRESSIONAL RECORD — SENATE October 8, 2004 State and Federal courts. While in pri- will be included in the final Executive There have been a lot of complaints vate practice he litigated over 400 Calendar package along with four com- and concern expressed about the six or cases. In 1992 he was appointed to the missioners for the Sentencing Commis- eight judges who have not been ap- Fourteenth Circuit Court of Mississippi sion and four U.S. Attorneys. proved, and while all of that argument where he presently serves. The Amer- I understand time is precious. We are has gone on, 201 of President Bush’s ican Bar Association unanimously gave in the waning hours of this Congress, nominees have been approved. him its highest rating of ‘‘well quali- and still much is left to be done. We Now we have a suggestion that in the fied.’’ The Mississippi Bar Association should not, however, in our haste to ad- closing days of this session, we should awarded him with the Judicial Excel- journ, neglect consideration of all approve even more judges. It is a trou- lence Award in 2003. Undoubtedly, he these outstanding nominees. They de- bling suggestion only in this regard: will be a wonderful addition to the Fed- serve our attention. They deserve our Not reflecting on any single judicial eral bench. time. I call on the leadership on both nominee or that person’s qualifica- Christopher Boyko has been nomi- sides of the aisle to move these nomi- tions, it has been a practice and tradi- nated to the United States District nations and urge my colleagues to vote tion in the Senate that in a Presi- Court for the Northern District of for the confirmation of all these distin- dential election year, we suspend the Ohio. Judge Boyko brings 25 years of guished nominees. approval of Federal judges after the legal experience and sterling creden- Mr. President, in accordance with the first nominating convention of a major tials to the Federal bench. He has unanimous consent request agreed to party. It is known as the Thurmond served as a judge for the Court of Com- earlier, I suggest the absence of a rule because Senator Strom Thurmond mon Pleas in Cuyahoga County for 8 quorum. of South Carolina, chairing this same years. He also served on the Parma Mu- The PRESIDING OFFICER (Mr. TAL- committee, established it and said once nicipal Court before joining the Court ENT). The clerk will call the roll. we get that close to a Presidential elec- The assistant legislative clerk proof Common Pleas. tion, with the outcome uncertain, that Prior to his appointment to the ceeded to call the roll. we will not be approving judges. We Mr. DURBIN. Mr. President, I ask bench, Judge Boyko built a successful will wait and see what the verdict of unanimous consent that the order for law practice, which he coupled with his the American people will be as to the quorum call be rescinded. duties as assistant prosecutor, pros- The PRESIDING OFFICER. Without whether the President, in this case, is ecutor, and director of law, for the city objection, it is so ordered. reelected or a new President takes of- of Parma. He also served as the legal Mr. DURBIN. Mr. President, I ask fice and fills those same vacancies. adviser to the local police depart- unanimous consent to speak as in The Senator from Utah has asked us ment’s S.W.A.T. team, as a statutory morning business for 1 hour and when to look beyond this time-honored legal counsel for the Parma School my time is yielded that the quorum be Thurmond rule. In my State of Illinois District, and as chief legal counsel for questioned. and many other States, we have with- the Southwest Enforcement Bureau. Mr. HATCH. Mr. President, I object held pursuing nominees because we un- The ABA has recognized this sea- for the moment, but I will come back derstood the process was closed down, soned nominee with a unanimously to it. that there would not be any further ju- ‘‘Well Qualified’’ rating. In addition, he The PRESIDING OFFICER. Objec- dicial nominees considered. I am sure has received Martindale-Hubbell’s tion is heard. this will be discussed at length. So the highest rating of ‘‘AV.’’ He has the dis- Mr. HATCH. Mr. President, I with- record will reflect that has been the tinction of having been elected to draw my objection. tradition. It is the situation that has ‘‘Who’s Who in American Law,’’ and The PRESIDING OFFICER. Without applied to President after President, the Judicial Candidates Rating Coali- objection, the Senator is recognized. and most of us believe, in fairness, it tion, in Cleveland, unanimously gave JUDICIAL NOMINATIONS should apply in this situation. him an ‘‘excellent’’ rating for 2004. Mr. DURBIN. Mr. President, I will I listened carefully as the Senator Mr. President, I think that you will address some of the issues just debated from Utah talked about a number of agree that these four fine nominees on the floor of the Senate. The Senator issues, all of which are relevant, many possess the credentials, reputation, and from Utah is my friend. We have of which will be discussed tonight in experience to be Federal judges. I am worked together, and he chairs the Ju- the second Presidential debate at convinced that each of them would diciary Committee. We are miles and Washington University in St. Louis be- serve with distinction. worlds apart on many issues but have tween President Bush and Senator Now, let me take a minute to dis- found common ground many times and KERRY. pense with the old canard that judges I am sure we will in the future. He has One of the issues which he spoke to aren’t confirmed late in an election done an excellent job for his President with some force was the issue of wheth- year. When Senator Thurmond chaired as chairman of the committee. er we are doing enough to help seniors this committee, during a Presidential It is my understanding that, as of and other American families pay for election year, the Senate confirmed six today, President Bush has successfully their health care. He noted that we Circuit Judges after August 1—one in nominated over 200 Federal judges to passed a Medicare prescription drug August and five in October. In addi- fill vacancies, thanks to the work of bill. It is true that a bill passed with tion, 12 district judges were confirmed Senator HATCH and many others in the that name. For a person like myself in September and October of that year. Senate. Those nominees have been ap- who has supported throughout his con- So I will follow that Thurmond rule proved. At this point, it is my under- gressional career the idea of assistance and continue to bring the President’s standing that we have one of the low- to senior citizens to pay for prescrip- nominees to the committee for action est vacancy rates in the Federal judici- tion drugs, it was painful to vote and to the Senate for consideration. ary in recent memory and that we have against a bill called the Medicare pre- I am only too well aware of the un- responded particularly in the areas of scription drug bill. But I did vote precedented and constitutionally sus- our country where there have been against it, and the reason I voted pect tactics my colleagues across the shortages of judges and an abundance against it is the same reason that most aisle have used to filibuster circuit of cases to be considered. It is my un- seniors across America are not only court judges. So I am under no illusion derstanding that the scoreboard on skeptical of this proposal by the Bush that Judge Neilson will be given the President Bush’s nominees who have administration and the Republican up-or-down vote that the Constitution been proposed and accepted and ap- leaders in Congress but have flatly re- requires. Certainly this is unlikely to proved by the Senate is 201; somewhere jected it, because if you take a close occur in the closing days of this ses- in the range of 6 or 8 have not been ap- look at the proposal which the Bush sion. Be that as it may, I hope that the proved. That is quite a good average by White House put before us and was ap- devious tactic of filibustering circuit any standard for any President. It is proved by this Republican Congress, judges will in no way prevent the Sen- certainly dramatically better than the you will see it is only a Medicare pre- ate from confirming three superbly approval given to judges under the prescription drug bill in name. In fact, it qualified district judges. I hope they vious President, President Clinton. is not, and the reason is obvious. There

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2004 CONGRESSIONAL RECORD — SENATE S10769 is no authority in the bill for Medicare companies and say: If you want to get can have a better life, but every penny as an agency to bargain with the phar- on our formulary, you have to lower of it goes for health insurance, and this maceutical companies to get the best this price. year’s coverage is less than last year’s price for seniors and families across It seems stunning to me that Senator coverage. They are frustrated. Busi- America. The pharmaceutical industry HATCH would come to the floor and say ness, labor, families, individuals, and is the most powerful industry on Cap- it is not true. He said: We do not stop retirees are being left out in the cold. itol Hill. Bill after bill, vote after vote, Medicare, we just stop the agency that What has the Bush administration amendment after amendment, the runs Medicare. Talk about flimflam. and the Republican Congress done for pharmaceutical industry rarely loses. Talk about misleading the seniors. Is these groups? Nothing. Absolutely Why? Because they are a powerful force that what the Senator from Illinois nothing. in our economy, the most profitable heard the Senator say? Mrs. BOXER. Will my friend continue economic sector in America, and a Mr. DURBIN. Mr. President, in re- to yield to me? powerful political force. They are in- sponse to the Senator from California, Mr. DURBIN. I would be happy to volved in the campaigns, primarily I did not hear that exact quote, but it yield for a question. with Republicans but some Democrats, is clear for anyone who reads the bill Mrs. BOXER. Again, I want to thank too. They make contributions to those that Medicare, as an agency, does not my friend for moving to the bigger who believe in their approach, and they have the authority to bargain for lower issue of all of our citizens, leading off are rewarded many times with votes drug prices or to create its own drug with the issues that are facing our sen- that come out their way. This is what benefit program. iors. But I want to get back to our sen- happened with the Medicare prescrip- The Republican leadership in the iors. tion drug bill. White House and Congress insisted that My friend said it is interesting that This bill expressly prohibits the this be done through private sector in- the date of the prescription drug ben- Medicare agency from bargaining with surance companies. In fact, they ex- efit is after the election because it is pharmaceutical companies to lower the pressly prohibited seniors from buying such a bad benefit and they do not cost of prescription drugs, and what it Medicare gap policies to cover this want people to see there is really not means is that seniors, even with this overwhelming cost of prescription very much there. They thought they bill, will continue to see the cost of drugs. could run on this as an issue, but I say medication going up 10, 15, and 20 per- The most telling fact that I think to my colleague seniors are smart. cent a year. There is no end in sight. It should be part of this debate is the We say this is the greatest genera- will continue to grow at a pace that Bush administration insisted that this tion. This is the generation that has will outstrip the money we put in this so-called Medicare prescription drug kept us free, and they are smart. I am bill, at a pace that will outstrip the re- benefit plan would not go into effect sure my friend has seen what I have sources of most seniors and, frankly, until after this election. They know, seen. As I go around my State, seniors will do it in a hurry. the Senator from California knows, I are saying, please fix this thing, allow Mrs. BOXER. Mr. President, will my know, that when seniors see the situa- Medicare to negotiate for lower prices. friend yield for a question? tion close up and all the details, they Do not have the benefit that shuts Mr. DURBIN. I will be happy to yield are going to feel even worse about what down just when we need it the most. It for a question from the Senator from Congress has done. Congress has left is too expensive. Allow importation of California. them vulnerable on prescription drug pharmaceutical products through Can- Mrs. BOXER. Mr. President, first, I costs, and they are not the only ones. ada. I am sure my friend is having that thank my friend from Illinois. We had We are finding companies across same experience. the Senator from Utah talking about America and families across America The thing they did not count on, how wonderful everything is with that wrestling with the high cost of health President Bush and our friends on the prescription drug plan the Senator care. What has the Bush administra- other side, is that the seniors see this from Illinois and I voted against and tion done to help small businesses pro- on the horizon. They get it. They are Senator KERRY does not support either. vide health insurance, to help families used to reading the small print, and I The reason we voted against it is it afford health insurance, to come to the believe they are letting us know that does not do much for our seniors. It is rescue of 100,000 American retirees who they are quite unhappy. very costly for them when they need it. have lost their health care benefits be- I want to ask my friend this: One It is not there because after a certain cause of a bankruptcy court? What would think, after looking at what the amount of expenditure, the benefit have they done to help these people in Veterans’ Administration does for its stops. We call it benefit shutdown, such dire straits? Nothing. Why? Be- people, when they sit down, knowing donut hole—different names. Lots of us cause the companies that are profiting they have millions of veterans behind are trying to fix it. from these high costs of insurance and them, and negotiate with a drug com- One of the main problems is what my pharmaceuticals are companies that pany and get those prices down, per- friend described—a prohibition on the are the political favorites of the Bush haps a third less, maybe even a half Medicare agency from negotiating with administration and the Republican lower than what they sell for normally these giant drug companies for lower leadership in Congress. on the market, one would think that prices. This is where I want to ask my So when any Senator comes to the would have been the perfect model for friend a question. floor and talks with some pride about this group that wrote this bill to emu- If someone from the Government what has happened over the last 4 late what the Veterans’ Administra- came up to one of our constituents who years on health care, go ask the fami- tion does for its veterans. was looking for a new bike for their lies of America what is happening. The Oh, no, no. Was not my friend sur- son and said, You cannot shop around, honest answer is no relief, no help, and prised when it turned out that instead you have to take whatever that store they find themselves with increasing of taking the model that has been de- on the corner says you have to pay, I costs for health care and the cost of veloped for veterans on pharmaceutical do not think that would be very pop- health insurance. prices, where the Veterans’ Adminis- ular for the Government to do. I am Businesses identify this as the No. 1 tration sits across the table from the sure my friend would agree. problem facing American business big drug companies, essentially, and Essentially, that is what we are today, that health care premiums are bargains for lower companies, that in- doing here. We are essentially taking going up 25 percent and more each stead of taking that model they are re- the leverage away from Medicare to year. They say to us: How can we pro- versing that model and prohibiting help our seniors get lower prices by vide coverage for our employees, how Medicare to negotiate? telling them, even though there are 40 can we be competitive in the world if Mr. DURBIN. The Senator from Cali- million Americans—that is my under- we face that overhead cost? fornia, I am sure, has met with vet- standing—on Medicare, they cannot Labor unions say exactly the same erans, as I have in Illinois. Veterans use that power and that leverage to sit thing. They say: We try to get more are fortunate when they reach an age across from Pfizer or any of the big money per hour for our workers so they that they can go to a Veterans Hospital

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10770 CONGRESSIONAL RECORD — SENATE October 8, 2004 and get their prescriptions filled for a rational and very thoroughly thought life a little better for their children? I modest amount each month. That is out standards for the reimportation of cannot imagine in my family, if we did because the Veterans’ Administration drugs. Resistance comes from the Food not have health insurance, what it bargains for the prices of drugs, brings and Drug Administration, and that re- would be like, fearful that at any given them down to a lower cost than a sen- sistance is inspired by the pharma- moment the savings that we have could ior on Medicare is going to pay. ceutical companies that do not want to evaporate paying for health costs. There has been a lot of talk about re- see cheaper drugs coming into the Under President Bush, 3.8 million importation of drugs from Canada. I United States to help seniors and fami- Americans have lost health insurance. just want to say for the record, many lies meet the overwhelming cost of pre- That is a fact. That will come up to- of us believe that a promise had been scription drugs. night during the course of this debate. made on the Senate floor that we Tonight, during the course of this de- Look at the jobs that have been lost would vote on this issue of reimporta- bate between President Bush and Sen- under President Bush as well. The Clin- tion of drugs from Canada before we ator KERRY, I am sure that health care ton administration saw an increase of went home this year. In fact, there is will be an issue. I am guessing that 20.7 million jobs in the 8 years of his ample evidence in the CONGRESSIONAL someone, in 90 minutes, in the Wash- Presidency; under President Bush, a RECORD, a colloquy between Senator ington University audience is going to loss of 1.6 million jobs. The President DORGAN of North Dakota and the ma- say to both candidates: What are you says his economic policies are working. jority leader of the Senate, which led going to do to reduce the cost of health The unemployed people of America are us all to believe that we would finally care for families across America? a living testimony to the fact that get a chance to reimport drugs that What the President will say is, We they have failed because the Presi- have been made in the United States have done it with the Medicare pre- dent’s economic policy is very simply safely and can be bought at a fraction scription drug bill. And the obvious an- stated. If we give tax breaks to the of the cost in Canada and other places. swer to that is, Well, then why did you wealthiest people in America, surely The decision was made, no, we do not postpone it until after the election? everybody else will be better off. have time. We cannot do it. Well, that Why is it so hard to understand? Why It has not worked. It is not going to decision was made as the decision was the gaps in coverage? Why can’t Medi- work. The helping hand should be given made to stop Medicare from asking for care bargain for a lower price? to businesses to create jobs. A helping lower prices for drugs, at the request of The answer on the other side from hand should be given to working fami- the pharmaceutical companies. These Senator KERRY is obviously, this ad- lies to try to keep up with increased companies are making the greatest ministration, in the thrall and under costs for health care and college tui- profit of any sector of the American the control of the pharmaceutical in- tion and gasoline. These are the basics economy, and they have asked for Con- dustry, is not prepared to confront of life. This administration has ignored gress to protect their profits. This is a them on behalf of American families it. By ignoring it they have created an decision driven by greed. It is a deci- and businesses which are struggling to economic climate that has destroyed sion where the pharmaceutical compa- pay for prescription drugs. jobs instead of creating them. nies have said, despite the hardship on I think that is a clear choice, as Mrs. BOXER. Will the Senator yield? seniors, despite the hardship on fami- there will be a clear choice on so many Mr. DURBIN. I am happy to yield to lies and businesses, we will not reduce issues. my friend. the prices of our drugs. Take a look at this issue as well. On Mrs. BOXER. Would you keep the A phony argument has been raised, the issue of health care, what has hap- chart up. This is a shocking chart. This and that is that we cannot reimport pened under the Bush administration? is not about politics or rhetoric. This is drugs from Canada without compro- Under President Bush’s 4 years, fewer a fact. The fact is, we came off of the mising the safety of the drugs that are jobs in America provide health insur- Clinton administration where 20.7 mil- brought in. Let me remind everyone ance. We know from the reports, the lion new jobs were created, and we are that the overwhelming majority of the President, during his administration, at the end of the Bush administration drugs we are talking about are the has lost more jobs in America than any and a loss of 1.6 million jobs. They will product of research in the United President in the last 70 years of either make every excuse in the book for it. States. They are the product of Amer- political party. Even today’s report The fact is, we have that kind of ican pharmaceutical companies. They about a few new jobs in America still record, even though we are in raging are in packages and under names in leaves the President somewhere be- deficit spending. Canada exactly as they are in the tween 500,000 and 800,000 net jobs lost I am an economics major. Granted, it United States. We are only asking that during his Presidency. Even his father, was a long time ago that I went to col- these drugs be brought back in so that facing a recession and a war, was able lege and I got my degree in economics, seniors can get some relief from high to see much more employment created but one of the things they taught us in drug prices, relief that is not forth- than this President. economics 101 was that when you want- coming in the Medicare prescription As a result of the lost jobs, and as a ed to rejuvenate the economy—deficit drug bill. result of businesses struggling with the spending. So here we have a President Let me say something about the safe- Bush economic policies, fewer compa- who is deficit spending, who has stolen ty issue. Do not trust me. I am just an nies offer health insurance. every penny from the Social Security elected official. Trust instead Dr. Peter In the year 2000, when President Bush trust fund to pay for his tax cuts, Rost, who is vice president of mar- took office, 63.6 percent of companies throwing hundreds of billions—let’s be keting at Pfizer. Let us see what he offered employer-provided health in- exact, between $120 billion and $200 bil- had to say about the safety issue: surance. Today, it is 60.4 percent. That lion at Iraq with no end in sight to During my time responsible for a region in means 3.8 million Americans have lost bear the burden of that war, let alone northern Europe, I never once—not once— health insurance coverage at their job. the human loss of life, and with all of heard the drug industry, regulatory agencies, the government, or anyone else saying Now, what does one do when they this deficit spending we see a loss of 1.6 that this practice was unsafe. And person- have lost their health insurance at million jobs. It is shocking to see this ally, I think it is outright derogatory to their job? Well, for many of these type of record. claim that Americans would not be able to Americans, it means no protection The President goes around with the handle reimportation of drugs, when the rest whatsoever. It means that they pray music blaring, saying how great his of the educated world can do this. each morning that someone does not economic program is, as my colleague It is a phony issue. Safety of drugs is develop a serious illness or get in- pointed out, and all of these great new a phony issue. We can put safeguards in volved in an accident. jobs that are being created. I want to place. We have proposals before the So how is this making America a bet- ask my friend, for the jobs that are Senate to do it. In my home State of Il- ter place? How is it strengthening fam- being created—and there are some, al- linois, Governor Blagojevich has been a ilies? How is it removing fears and wor- though it is very anemic—isn’t it true leader on the reimportation issue. He ries from families who are just trying that the average pay of those jobs is has established what I consider to be to get by each day and maybe make approximately $9,000 less a year than

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2004 CONGRESSIONAL RECORD — SENATE S10771 the pay of the jobs that have been lost? to take deficits seriously. I know the So we have a choice. We have a If my friend, in answering that ques- other party, the Republicans, say they choice to make on November 2. More of tion, could talk about what that means are fiscal conservatives but we believe the same? Continuation of this policy, to families who have to pay the higher that getting the deficit under control risking more jobs lost, putting more costs of health care, college tuition, is critically important if we are going burdens on working families? gas prices, and all the things we need to rejuvenate this economy and bring Take a look at the long-term unem- to pay for, it would be helpful. down interest rates and have more cap- ployment in this country. The long- Mr. DURBIN. I would be happy to re- ital investment. term unemployment in 2000 was 649,000 spond to that question. I would say if We did it. It was painful. Many Mem- people. Now it is almost three times you listen carefully, the President’s bers of the House and Senate lost their that amount, 1.7 million people. Long- regular response when asked about seats because they voted for this plan. term unemployed, meaning they have whether there is enough employment But it worked. As a consequence, under tried and tried and cannot get back to in America is: This administration will the Clinton administration jobs were work. not rest until every American has a created. Take a look at who is better off be- job. Now take a look at what this Presi- cause of the policies of the Bush ad- The President better plan on staying dent has done. Claiming to be a fiscal ministration. These charts tell you up late at night, all through the night, conservative, this President now has us what happens here. The household infor the next 3 weeks-plus of this cam- in a position where we have the largest come in America is down, under the paign, because Americans are having deficit in the history of the United Bush administration. If you think you difficulty finding jobs. States. How can this be? The President are pedalling faster and not going any The point the Senator made is an im- will say, Don’t blame me for 9/11. Don’t farther, this chart tells you why. You portant one. I have met with some of blame me for the recession that was in- may be making a few more dollars, but these unemployed people, many of evitable. Don’t blame me for the war in the cost of living for working families whom worked for years, even decades, Iraq. But the honest answer is he has has gone up. in good-paying jobs. They live in nice to accept the blame for an economic How have the CEOs at the major cor- houses, their kids go to good schools, policy that called for tax cuts during porations done under the Bush tax pol- they had savings accounts, a car in the this same period, tax cuts primarily fo- icy, the people making dramatically driveway—maybe two or three, vaca- cused on the wealthiest people in more money than the people working tions were planned. Then all of a sud- America. That is what has been driving in the office and factory? The CEO deficit numbers to a great extent. That den the bottom fell out. They lost the compensation went up 20 percent. Take is something for which you can blame job. I met with them and listened to a look at the HMOs, the insurance the Bush administration. them about their desperate efforts to companies that have been protected by Many of us believe a tax policy that this administration. Their profits have find another job. They are in a situa- would have helped smaller businesses, tion where they will take a lot less been up 84 percent. family farmers, and individuals strug- Do you think you are paying more money for a job just to go back to gling to pay the bills for their families for gasoline today than you were 4 work. The potential employer says: could have put real juice in this econ- years ago? This is the chart: $1.47 was ‘‘Wait a minute, you are overqualified. omy, as the Senator from California the average price of gas in 2001. The av- Because you are overqualified we are suggested, rejuvenating it at the right erage price of a gallon of gas in 2004 is not going to hire you because we know level at a lower cost. $1.92. And when we hear the price of a you’ll take something better that To give to a person making over barrel of oil is over $50, it may be a comes along,’’ so they can’t get em- $200,000 a year another $5,000 or $10,000 good thing for the oil companies, but it ployed. But if they luck out and get or $20,000 is gilding the lily. Their life is bad news for American families and one of the lower paying jobs, what will is pretty comfortable. To give them a lot of businesses. they have to sacrifice? Will it be their $20,000 more means more stocks pur- Why are these airlines going into savings? Will it be the college edu- chased, more money invested. But it is bankruptcy one after the other? I was cation of their child? Will it be the not the same kind of expenditure as on a plane the other day—United. At home they live in? You can’t tell what when you give $5,000 to a working fam- the end of the flight, as we landed, the it means. ily which turns around and says now flight attendant came on and said: But if this President says he won’t we can consider the downpayment on a Thank you for flying United. I know rest until every American has a job, he car, we can get the washer and dryer, a you had a choice of many companies better stay up at night for a long, long little remodel job on the kitchen, we that are in bankruptcy or near bank- time because we have lost more jobs can put the money away for our son ruptcy. That is what he announced to under his Presidency than any Presi- and daughter for a college education, the passengers. Everybody kind of dent’s since Herbert Hoover. For those we can make sure we are planning for laughed, but it is a sad reality. who are not students of history, he was a brighter future for our family. It is The cost of fuel, the cost of oil, and the President during the Great Depres- the difference between night and day. our dependence on foreign oil instead sion, a depression which our parents There was a moment in a movie, of an energy bill that moves us toward lived through and will remember as the which was controversial, called ‘‘Fahr- independence have left us vulnerable as toughest time in their lives. enheit 9/11.’’ President Bush was speak- an economy and left American families This President has created a climate ing to a group. I don’t know where it vulnerable paying for the bills. in this country where the number of was located. He was on film. He was in Where is the leadership? Do we really jobs is not growing. It did not have to his tuxedo and the people all around need 4 more years of wrong decisions be that way. Take a look at what hap- him were in tuxedos, and he said some- like these, decisions that would not pened under the Clinton administra- thing along these lines: Some people challenge the Saudis and their oil sup- tion. The Clinton administration was say you are the upper last class. They plies and instead say America is going creating 2.6 million jobs a year. The call you the wealthy. They call you the to move forward to energy independ- Bush administration has been losing upper level. But I call you my base. ence so we can’t be held captive by about 200,000 jobs a year. It was supposed to be a humorous OPEC and the Saudi Arabian oil cartel? You say to yourself, What was the line, but there was more truth than That is the difference. That is the case. difference? The difference was the Clin- humor. The President has served his We are suggesting there ought to be ton administration put together a base well with his economic policies. a better vision for America, and move sound fiscal policy for America. It was He has said to those people who are us away from dependence on Mideast not easy. In fact, it passed the House well off: You are my first priority. His oil, move us toward an economic policy and the Senate—I served in the House economic policies have been directed to to give working families a fighting at the time—by one vote in each Cham- help them, time and again, at the ex- chance. You haven’t seen it for 4 years. ber. Vice President Gore cast the decid- pense of working families, at the ex- Tonight, this administration through ing vote. President Clinton did say pense of the worst deficit in our his- the President is going to try to justify that in his administration we are going tory. some of the harsh realities.

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10772 CONGRESSIONAL RECORD — SENATE October 8, 2004 Mrs. BOXER. Mr. President, will the miums would be affordable for our peo- I put as exhibit A Enron. If you do Senator yield for a question? ple? Was there a plan to lower prescrip- not have a government through its Mr. DURBIN. Yes. tion drug prices for our people through President and regulatory agencies Mrs. BOXER. Mr. President, I ask importation? Was there a plan for gas keeping an eye on some corporate ac- unanimous consent that Senator REID prices? My God. My friend put up a tivity as we keep an eye on individual be granted the hour which will come to chart—$1.81 average. People in Cali- activity, terrible things can occur—and me postcloture. fornia would be thrilled at $1.92 a gal- they did occur in Enron, a business The PRESIDING OFFICER. Is there lon. We are looking at $2.30, $2.40, $2.20, that defrauded a lot of innocent people objection? $2.50 a gallon. When the Senate voted out of their life savings, not to men- Mr. CORNYN. We object. in a bipartisan way to beg this admin- tion misrepresentations made in terms Mrs. BOXER. I ask unanimous con- istration to stop filling the Strategic of the status of that business and the sent that it be yielded to Senator Petroleum Reserve so we could put impact it had on so many other busi- DASCHLE. downward pressure on the prices, noth- nesses. But this President steps back The PRESIDING OFFICER. Is there ing has really happened. every time someone suggests that he objection? To conclude my question, I am begin- needs to stand up to free market forces The Senator has the right to give it ning to see a pattern of kind of a ‘‘fly- that are not serving America. He will to Senator DASCHLE under the rule. ing by the seat of your pants’’ adminis- not stand up to pharmaceutical compa- Mrs. BOXER. I make that point. tration where there is no plan to make nies that are overcharging Americans. As I listened to my friend in his life better for people, whether it is our He wouldn’t let the Medicare agency usual way of kind of tying together the men and women in uniform in Iraq, bargain for lower prices. No. Let the pieces and as we get ready to watch our whether it is our consumers, our mid- free market work its will. The free Presidential candidate tonight, I am dle-class families, working families, market is working its will at the ex- wondering if my friend is beginning to and all of our families in regard to pense of a lot of senior citizens and see a pattern by this administration health care and gas prices. families who can’t afford their pre- which is kind of just coming in. Could my friend comment on that scription drugs. Did the President get on the phone as Mr. REID. Mr. President, will the bigger picture? Senator yield for a parliamentary in- Mr. DURBIN. I would be happy to re- he promised as a candidate and call the OPEC cartel when they were holding quiry? spond to the question. As manager of the bill, am I not enti- First, Mr. President, may I inquire oil off the market and driving up prices tled to be given by the Senator from how much time I have remaining? in America? No. Let the free market California 1 hour of time? As manager The PRESIDING OFFICER. The Sen- work its will. You know what happened. Gasoline prices have gone of the bill, as I understand it, I have ator has 211⁄2 minutes remaining. the right to be yielded 1 hour of time Mr. DURBIN. Mr. President, let me through the roof, airline fuel prices by any Member. say to the Senator from California that have gone through the roof, and Amer- The PRESIDING OFFICER. The Sen- she has really come to the heart of the ica’s economy has suffered. More jobs ator is correct and the Chair was in problem. The President said in his first are being lost, more airline employees are being laid off, and we see businesses error, not realizing that Senator REID debate that being President was hard was the manager of the bill on this side work. He said that over and over again. dependent on fuel struggling across America. of the aisle. The Chair apologizes to This is hard work. This is hard stuff. When it came to a tax break, did this the Senator from California. She has a These are hard things to do. I don’t President take into consideration that doubt it. Being President of the United matter of right to give the hour either the cost of a college education is going States may be the toughest job in the to Senator REID or Senator DASCHLE. up more than 20 percent a year in world. But sadly, the President, despite Mrs. BOXER. Mr. President, I might many institutions and that families say that I am going to give my hour to the hard work he has experienced, with bright students who want the best Senator REID. doesn’t understand the hard work fami- chance in life just can’t imagine their Mr. REID. Thank you, Mr. President. lies have to go through just to make son or daughter graduating with Mrs. BOXER. I am sorry for the ends meet. If he were a little more in $100,000 in debt and a diploma? Did the interruption. touch with these families and their President think about that when he de- As I hear the Senator from Illinois own struggles, he would understand cided to look at the Tax Code to help talk—and I think back to the first de- why we need a man or a person in the families? No. No, there was no provi- bate where I believe all of America now White House standing up for them and sion in there for the deductibility of knows there was no plan for Iraq fol- understanding the challenges families college education expenses. The Presi- lowing the stunning military victory. face every single day. And it hasn’t dent said to let the market work its There was no plan for after that mili- happened. will at the expense of many of these tary victory, and we are paying a The Senator from California men- families. heavy price. I have come to this floor tions outsourcing. It is true. The head Langston Hughes once referred to the and eulogized those being lost. of the Council of Economic Advisers in group of people that I am talking There is no plan for Iraq. the Bush administration sent a report about. He called them ‘‘people for By the way, that was pointed out not to Congress saying that the outsourc- whom life ain’t been no crystal stair.’’ only by Democrats such as Senator ing of jobs was a positive, a good re- He was a person who understood that KERRY, Senator BIDEN, and Senator sult; sending jobs overseas was good. people get up every morning and strug- DODD, who sit on the Foreign Relations He explained that that would mean gle—struggle to keep their family to- Committee, but also by Senators more competition and lower costs, gether, struggle to make ends meet, LUGAR, CHAFEE, and HAGEL, who also completely overlooking the obvious. struggle to try to believe that their sit on that committee. There was no When a good-paying job leaves Amer- kids will be better off than they are. plan. ica, it is not likely the person who lost These families would like to believe I am asking my friend, as we look at it is going to get another good-paying there is somebody someplace in Wash- the disastrous factual statistics on this job, or get it soon. It is likely that that ington who cares, someone who under- economy, whether he believes there follow job is not going to have the stands we are headed in the wrong di- really was a plan as to how we were same level of benefits for the person rection in this country in so many in- going to continue the Clinton adminis- who just saw their job outsourced. stances. tration record on job creation, stem This administration plays by a We are losing jobs. We are seeing im- the loss of manufacturing jobs, and strange economic textbook. That eco- portant jobs outsourced. We are seeing stem the loss of outsourcing jobs, nomic textbook calls for total free our deficit at record levels. These are which, shockingly, people in this ad- market forces despite the con- the harsh realities. ministration say is good for our econ- sequences. Even under this administra- The Senator from California says it omy. Was there a plan? Was there a tion, the President has seen what the does not appear that this administra- plan to make sure that health care pre- free market unbridled can lead to. tion has a plan. In many instances, it

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2004 CONGRESSIONAL RECORD — SENATE S10773 does not appear this administration and a half after our invasion of Iraq, Iraq every single day, trust me, it is has a clue. It is as if the President, there is no end in sight. They say we America front and center. And it has with those auditoriums filled with hope someday soon to have elections. been for a long, long time. thousands of fans, does not take the We are not quite sure how much of Iraq When it comes to paying for this war, time to step outside the auditorium will be safe to vote. We hope to have an it is the American taxpayers front and and talk to an average family about election and we hope to have the Iraqis center. We have spent over $1 billion a what they are going through as their take over. Those are two good goals. I week on the war in Iraq and there is no cost of health insurance goes up and hope we can reach them. end in sight. We appropriated almost the cost of living goes up as well. But we have to acknowledge the ob- $20 billion to start rebuilding Iraq and IRAQ vious. This administration was not pre- we are not spending it. Why? It is a vi- I will use my remaining time of pared for the war in Iraq. They were cious circle. Let me tell you what it is. morning business to speak to the other prepared for the invasion. Our troops You cannot stabilize Iraq until you issue brought up by the Senator from did a masterful job in a very short pe- move the economy forward. You can- California. That, of course, is the situa- riod of time. But this administration not move the economy forward until tion in Iraq. was not ready for what followed. Isn’t you build basic infrastructure such as We had a report through the Senate that the most basic thing to ask of a electricity, and you cannot build basic Intelligence Committee and Senate Commander in Chief? Don’t send my infrastructure if you have insurgents Armed Services Committee this week son or your son into battle unless you and terrorists and guerillas blowing up from Mr. Duelfer who went back to are prepared to give that soldier every- everything you build. This vicious cir- Iraq and for the second time spent thing they need to be safe, to win, and cle suggests there is no end in sight. months and millions of dollars to look to come home. This administration was So the President has driven our na- for weapons of mass destruction. He not prepared. tional bus into a cul-de-sac and now came back and told us they are not I know that because for the last few challenges Senator KERRY to explain there. We cannot find them. months I have spent time on behalf of how to get out of this mess. A lot of us Think about that. Think of how often Illinois soldiers, demanding they have think that even giving the President President Bush, Vice President CHE- body armor to protect themselves in the authority to go forward, he should NEY, Secretary Rumsfeld, Secretary Iraq, one of the most basic things one have been prepared. He should have Powell, and others told us we were in would think we would provide, demand- known what we were getting into. imminent danger from an attack from ing we have armor plating on Humvee Ambassador Bremer said, within the Saddam Hussein because of arsenals of vehicles so as they travel across Iraq week, we did not send enough troops chemical and biological weapons and they do not fall prey to the homemade there. Had the right number of troops the rebuilding of the nuclear weapons bombs and rocket-propelled grenades, been sent at the right time, it could in Iraq. That was the justification. demanding we put the necessary defen- have been a more peaceful environ- That is why we had to invade. That is sive equipment on helicopters so we ment, but instead it is dangerous and why we could not wait. And it was all will not have Guard and Reserve and American soldiers are still living in wrong. Totally wrong. Regular Army helicopters shot out of fear of what is going to happen from Now comes the administration say- the sky because they were not properly day to day. ing, no, it was not really about weap- equipped. At the same time, we turned our ons of mass destruction, despite the Why would I be doing this, a year and back on the obvious target, Osama bin fact they said that then over and over a half after the invasion, after giving Laden. I went to Afghanistan in the again. It was the fact that Saddam the Bush administration every single first codel with Senator DASCHLE, the Hussein could not be trusted and was penny they asked for to execute this first daylight codel that was allowed an evil man. It was about the fact he war? I am doing it, and many others in into Afghanistan, to Bagram Air Force may have had the desire—the new the Senate and Congress are doing it, Base, to a closed briefing by our intel- word, ‘‘desire’’—to build weapons of we are doing it because this adminis- ligence agents about Osama bin Laden. mass destruction and it really was tration was not prepared for the war in They put up this huge aerial photo of about the Oil for Food Program in Iraq. Iraq. the Tora Bora Mountains and they Really? Go back and check the tape The losers are over 1,000 American drew a tiny circle on the map. They on statements made by the President soldiers who have lost their lives, and pointed to all Members of Congress and as to why we had to send our Armed the 7,000 bravely wounded. I have met the Senate and said: This is where Forces into harm’s way. The state- many going to a veterans hospital, Jef- Osama bin Laden is and we are going to ments made by the President do not ferson Barracks, right outside of St. nail him. This tiny circle. quibble: weapons of mass destruction, Louis, meeting a young soldier, quad- I left there thinking, great, that will yellow cake, uranium coming into Iraq, riplegic as a result of injuries sustained break the back and the morale of this linkage between al-Qaida and those in Iraq; going to Walter Reed Hospital terrorism network of al-Qaida. But it who were responsible for September 11, to meet these brave young men and didn’t happen. The Bush administra- al-Qaida and Saddam Hussein. women who have lost an arm, a leg, tion did not execute it well. They did Now, today, that evidence, that case, both hands, suffered head injuries. not bring in the troops. They did not has evaporated. It is gone after mil- They are there with their families try- capture Osama bin Laden. He is not lions of dollars have been spent des- ing to put their lives back together, only still on the loose but al-Qaida is perately trying to find evidence of one still proud of their service to this coun- spreading like a cancer across the weapon of mass destruction. try, as they should be. globe. Trust me, those who are following But as you walk away from the hos- Where is our coalition to fight al- this debate, had this administration pitals, you think we could do more. We Qaida? It is the coalition that was stiff- found a tiny shred of evidence of weap- should have been ready. We were not armed by this administration when it ons of mass destruction, it would have ready. But we could not wait. We could came to the invasion of Iraq, when the been front page news around the world. not wait for the U.N. inspectors to fin- President said, We will do it alone. We They could not find a thing. ish. We could not wait for a real coali- do not need you. Bring it on. The intelligence was bad. The rea- tion to come together—taking nothing Remember when the President said, sons for going to war, given to us by away from the coalition we have, let’s ‘‘Bring it on’’? Well, they brought it on the President, was just plain wrong. be honest. When you pick up the morn- and, sadly, we have a lot of soldiers Where are we today? Mr. President, ing paper, the casualties, the soldiers who have sacrificed so much for their 140,000 of our best and brightest, our who have lost their lives are over- country because of it. soldiers, marines, our airmen, those in whelmingly American soldiers. I am We need to turn this corner. We need the U.S. Navy, our guardsmen and re- glad the Brits are with us. I am glad to have a new vision. We need to have servists, got up this morning in Iraq another 30 nations have given us some a leader who will reach out to the and went to do their duty and risk assistance in this regard, but when it world and reestablish America as a their lives for America. Over a year comes to putting lives on the line in leader willing to work with others, not

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10774 CONGRESSIONAL RECORD — SENATE October 8, 2004 that any country should ever have veto The legislative clerk proceeded to down the door to leave the United power over our national defense. That call the roll. States of America because somehow we is our call. That is our decision. Mr. CORNYN. Mr. President, I ask are no longer the land of opportunity But we know, as President Bush’s fa- unanimous consent that the order for and freedom and hope. ther knew, that it is a coalition of na- the quorum call be rescinded. Indeed, just the contrary is true. tions that makes us stronger. When we Mr. DURBIN. I object. People are literally dying to get into decided in the Persian Gulf war to The PRESIDING OFFICER. Is there the United States by any method they bring Arab nations and their soldiers objection? can because they recognize that Amer- into that war as part of our coalition, Mr. DURBIN. I object. ica still is the last best hope of free- it did not just add more soldiers in the The PRESIDING OFFICER. Objec- dom-loving people anywhere in the field, it added an element that is miss- tion is heard. world. ing in this war in Iraq. The legislative clerk continued with For example, we heard some very Why are we being criticized so round- the call of the roll. dire statements made about job fig- ly in Arab States? Because we went Mr. REID. Mr. President, I ask unan- ures. Well, it just so happens that since into Iraq without waiting for those imous consent that the order for the August 2003, we learned today, 1.9 mil- who could and would have helped us. quorum call be rescinded. lion new jobs have been created in the This President could not wait, and now The PRESIDING OFFICER (Mr. United States of America—1.9 million our soldiers are paying the price. I BURNS). Without objection, it is so or- new jobs. That is not because the Gov- hope the American people make a deci- dered. ernment created the jobs, but it is be- sion to move forward with a new vision Mr. REID. Mr. President, the Senator cause Government created the condi- for this country, not to repeat the from Texas wishes to speak for 20 min- tions that allowed the risk takers and same mistakes again and again. utes as in morning business. The time the hard-working people all across this We have made mistakes when it will count toward the 30 hours. Fol- country to create jobs, by investing comes to our economic policy, and we lowing that, Senator DURBIN, who has and building opportunities for those have paid a dear price for it. We have already used his hour, or his designee, who wanted to find work. made mistakes when it comes to our would be recognized for 20 minutes to Now, the truth is, as we all know, we agenda in Congress. We do not take up speak as in morning business. That came out of a very difficult time at the the serious bills that America’s work- time would also count against the 30 beginning of President Bush’s first ing families expect us to take up. We hours. That is the request for which I term in office when he started his Pres- have generated the biggest deficit in ask unanimous consent. idency because during the end of Presi- the history of the United States to The PRESIDING OFFICER. Is there dent Clinton’s term we were going through a recession. The recession had leave our children. We have the costs of objection? just started then. Then we know that war that are over $1 billion a week, and The Senator from Texas. the terrible events of 9/11 followed on no end in sight. And, sadly, we are still Mr. CORNYN. Mr. President, can I shortly thereafter, with tremendous losing our soldiers. ask the distinguished Democratic whip negative impact on our economy in ad- I was on the phone yesterday, as I if from the 20 minutes allotted to our dition to the terrible loss of human have tried to so many times, to call the side I could consume 10 minutes, and then Senator TALENT be recognized to life. families of Illinois soldiers who have Then there were the corporate scan- died overseas. I have not been able to speak for 10 minutes, and then Senator DURBIN be recognized for his time? dals at the highest level of corporate get through to all of them, and I can America which caused the public to understand some of them just don’t Mr. REID. Absolutely. And that following Senator DURBIN, or his designee, lose confidence in the marketplace. want to take phone calls. That is un- Thanks to the efforts of this Presi- we will return to a quorum call. derstandable. And each and every one dent and this administration, this Con- The PRESIDING OFFICER. Is there of them is a profile in courage. They gress, thanks to the fact that we low- an objection? are so proud of their son or daughter ered taxes for hard-working men and who has lost his life or her life in Iraq, Hearing none, it is so ordered. The Senator from Texas. women, it allowed them to save more, and they are proud they served their invest more, and for small businesses country. I am, too. But I also want to AMERICANS ARE STRONGER, SAFER, AND BETTER to create more jobs. Indeed, we are OFF take some pride that we have policies coming back with 1.9 million jobs being Mr. CORNYN. Mr. President, I was that are going to reduce the likelihood created since August 2003. that more soldiers will end up losing sitting in my office watching on tele- If we had agreed with our colleagues their lives. vision the proceedings in the Chamber, on the other side of the aisle about This administration has been in total and I was inspired to come to the what course to take, the recovery denial about the reality of the threat Chamber to respond to some of the would have been killed in its infancy in Iraq, total denial about the reality comments I heard on the Senate floor. because their solution was to raise of what continues as a war in Iraq, I expected to be watching debate about taxes, not to lower taxes and let people total denial when it comes to under- reform of the oversight that this body keep more of what they earn. Yet what standing that we have lost a worldwide provides for the intelligence commu- they want to do is play the card of coalition that stood by our side after 9/ nity and homeland security but instead class warfare and accuse this President 11 and now wonders why the United watched what appeared to be part of and this administration of favoring States wants to go it alone. the Presidential campaign playing out part of the population, the wealthiest, I want to make certain, as I end here on the Senate floor. over the rest of America. these remarks, that we understand I just want to respond to some of the The fact is, the tax cuts that were that in this great Nation we live in, we things that I heard, and not at great passed by this Congress affected every do have a chance to make a choice. length. But I think in fairness to the taxpayer, lowered the tax rates for And that chance will come on Novem- American people they should not be fed even those of the most modest means, ber 2. just one side, which I think is fraught and are responsible for creating 1.9 mil- Mr. President, it is my understanding with inaccuracies. So I think a few lion jobs. that as part of my unanimous consent facts are pertinent. We continually hear criticism about agreement, that when I finish and yield First of all, I would say that after lis- this President’s policy in Iraq and in the floor, a quorum will be questioned. tening to the distinguished Senator the global war on terror. Our col- The PRESIDING OFFICER. The Sen- from Illinois, you would wonder why in leagues on the other side of the aisle ator has to actually suggest the ab- the world anyone would want to live in have a short-term memory because the sence of a quorum. the United States of America today be- only reason we took Saddam Hussein Mr. DURBIN. Mr. President, I sug- cause things are so bad we might as out of Iraq, as the bloodthirsty dic- gest the absence of a quorum. well give up and depart for somewhere tator that he was, and put him in a The PRESIDING OFFICER. The else. And you may have noticed, Mr. prison cell, is because of the authoriza- clerk will call the roll. President, people are not knocking tion of this Congress. An overwhelming

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2004 CONGRESSIONAL RECORD — SENATE S10775 majority of the Members of this Con- Mr. TALENT. Mr. President, if the the Chair, I never served in the House, gress, of this Senate, voted to author- Senator from New Jersey would agree, and we might observe the same rules ize the use of force in October of 2002, I ask unanimous consent for an addi- here some days. to enforce U.N. resolutions which Sad- tional 5 minutes, and I would, of Mr. TALENT. I thank the Senator dam Hussein had defied since 1991. course, agree that he could have an ad- from New Jersey and the Senator from I was at the same Senate Armed ditional 5 minutes, if we could modify Nevada for their flexibility. I will pro- Services Committee where Mr. Duelfer that previous unanimous consent re- ceed with my 16 minutes as best I can. testified a couple of days ago. While he quest. Mr. President, I share the observa- confirmed that the intelligence the Mr. LAUTENBERG. Speaking for our tion of the Senator from Texas that President relied on and this Congress side, is the Senator asking for 5 min- our friend from Illinois is certainly relied on with regard to weapons of utes from our remaining time? very angry and seems to be rather neg- mass destruction proved not to be cor- Mr. TALENT. No, 5 minutes in addi- ative about the prospects for America. rect—and we are working in this bill to tion to my 11 minutes, and then my re- He would probably say he is negative correct those deficiencies in our intel- quest would be that you would have an about the administration, but he seems ligence gathering and analysis capa- additional 5 minutes, for a total of 25. to describe an economic and foreign bility—he did confirm Saddam Hussein Mr. REID. Parliamentary inquiry, policy picture that is very bleak. I had corrupted the Oil for Food Pro- Mr. President. don’t think it reflects reality or what gram, was evading sanctions, chased Mr. TALENT. Under the same param- most Americans believe is reality. I am the inspectors out of his country be- eters as the unanimous consent request certain it does not reflect the views or cause he didn’t want them to know he of the Senator from Illinois, I ask to the policies of the administration. was in the process of rebuilding his ca- extend the 20 minutes to 25 minutes on I do think it is important to get some of these charges correct. I don’t have pacity to rearm himself with weapons each side. I think I can do what I need time to go through everything. I want of mass destruction as soon as those to do if I have about 15 minutes. to talk about a couple of things that sanctions failed. Mr. REID. As I understand, the Sen- have interested me. I don’t generally Indeed, former Ambassador Paul ator from Missouri would be recognized get up here to participate in these de- Bremer, who served as the head of the for 15 minutes, and Senator DURBIN or bates that are clearly part of the Presi- coalition efforts to rebuild Iraq, said: his designee would be recognized for 25 minutes. dential campaign. I am here to try and The president was right when he concluded The PRESIDING OFFICER. That is do things. I have an agenda I am trying that Saddam Hussein was a menace who needed to be removed from power. [The correct. to accomplish, and others share it. president] understands that our enemies are Mr. REID. I ask unanimous consent I was distressed when the Senator not confined to al Qaeda, and certainly not that Senator LAUTENBERG be the des- from California referred to some of the just Osama bin Laden, who is probably ignated substitute for Senator DURBIN. remarks of the Senator from Utah and trapped in his hide-out in Afghanistan. As Mr. TALENT. If the Senator from said: Talk about flimflam, talk about the bipartisan 9/11 commission reported, Nevada will yield, it is only a minute, misleading the seniors. there were contacts between al Qaeda and but a minute is a minute. I think I had That was with reference to the Sen- Saddam Hussein’s regime going back a dec- 11, so an additional 5 would be 16 min- ator’s comments regarding the Medi- ade. We will win the war against global ter- utes. care prescription drug bill, which I ror only by staying on the offensive and con- Mr. REID. And further, the consent happened to rather like and I sup- fronting terrorists and the state sponsors of ported. It is already helping thousands terror—wherever they are. Right now, Abu agreement said that following the Musab al-Zarqawi, a Qaeda ally, is a dan- statement of Senator DURBIN or his of Missouri seniors, and I don’t think gerous threat. He is in Iraq. designee, we would return to a quorum that is flimflam. I will get to that in a I hope those who listen to the debate call. minute. The Senator from Texas correctly and the politics of this season and the The PRESIDING OFFICER. That is pointed out that when the whole issue attempt to score political points by correct. Without objection, it is so ordered. of jobs lost over the last few years criticizing this Nation’s policy with re- The Senator from Missouri. comes up, it is important to keep in gard to the global war on terror under- Mr. TALENT. I thank the Senator mind, before blaming President Bush, stand exactly what is going on. We are from Nevada. I don’t mean to quibble that President Bush was not in office in the silly season, where sometimes over a minute. On the other hand, the when the recession began. Americans the statements being made in pursuit Rams would probably have won the all across the country understand there of scoring political points stray way Super Bowl a couple of years ago if is something called a business cycle, an too far from the facts. they had had another minute, so one economic cycle in the country. I don’t The fact is, America is stronger and never knows. tend to blame Presidents for reces- safer and better off as a result of Presi- Mr. REID. Mr. President, if my friend sions. I blame them if they have long- dent Bush’s leadership and as a result would yield, those of us who served in term policies that depress the economy of the leadership of this Congress. We the House know how important a over the long term. have created opportunity for more minute is. I agree with the Senator from Texas, Americans. America is more secure Mr. TALENT. And the Senator if you want economic growth—and we than we were on 9/11. We are constantly knows, I also served in the House and should all want that because we cannot working, including here today, to make came from there more recently than he do anything we want to without it safer. We have created 1.9 million did. I do guard my minutes jealously. growth; we cannot fund education, we jobs since August 2003 as a result of the Mr. REID. In the House, how we got cannot have good health care, or a policies of this Congress and this Presi- to speak was, we were entitled to 1 strong defense, and we cannot have re- dent. If we had accepted the rationale minute a day. We were always guaran- tirement security without growth. of our colleagues across the aisle and teed 1 minute a day. But most of the How do you get growth? Our Demo- raised taxes and let spending run time that was all we got all week long, crat friends believe you get it by rais- amok, then we would still be in very that 1 minute a day. ing taxes on people. What the Senator dire straits, indeed, and not on the Mr. TALENT. The Senator has had a from Illinois said—they didn’t used to road to recovery. similar experience as I have. Having think that. There was a time not so I yield the remainder of the 20 min- prepared a nice set of remarks on long ago when there was a bipartisan utes allotted to our side to the Senator issues about which he feels passion- agreement that, if you wanted growth, from Missouri. ately and gone to the floor manager in one of the things you did was cut taxes. Mr. TALENT. I thank the Senator for the House and asked how much time he That is not some kind of modern con- yielding. could have and being told: Well, a cou- servative philosophy. That is what Mr. President, how much of the 20 ple of other people have expressed a de- John Maynard Keynes thought; that is minutes remains? sire for time; how about 90 seconds. what FDR thought; that is what LBJ The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Speaking and JFK thought. But they don’t be- ator from Missouri has 111⁄2 minutes. from the Chair and the observation of lieve that today. They are entitled to

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10776 CONGRESSIONAL RECORD — SENATE October 8, 2004 their beliefs, but they are not entitled gone. We have had the provisional con- doesn’t mean there was no bargaining to blame President Bush for a recession vention. We have a provisional govern- over the price of the tires; it means the that was in effect and had started be- ment in place. We are going to have automobile manufacturer did it. The fore he assumed office and was mag- elections in January. Prime Minister difference between us and them on nified by events over which he had no Allawi stood on the dais in the House this—and it is a legitimate difference— control—the attack on 9/11 and cor- and said that. He also said: We are is they want a one-size-fits-all, Govern- porate fraud. going to stand with you. He said—I re- ment-dominated program where the I don’t blame any President for that marked on this—‘‘as you have stood Government would directly do the bar- either, but it didn’t happen on Presi- with us, we will stand with you in the gaining with the drug company. dent Bush’s watch. He took steps to get battle against terrorism.’’ There are worse things than that. We the economy moving. He proposed a No coalition. Look, this kind of a thought ours was better. We wanted a tax cut, which we passed despite the military effort, no matter where it oc- number of different options for seniors, opposition of many—although not all— curs, and whether the U.N. supports it where the people who organized the op- Members of the other side of the aisle. or not, is going to be 95-percent led and tions would bargain with the prescrip- He proposed tort reform, restrictions executed by forces of the United States tion drug companies. It is a difference on abusive lawsuits, which I think is of America. In the air war in Bosnia, of philosophy because they are more the most important thing we can do to which everybody supported, even trusting of the Government than we get the economy going. That was fili- though there was no U.N. resolution in are. It is not some kind of conspiracy bustered by the other side. You can fil- support of it, 95 to 97 percent of the air- with the drug companies. ibuster if you want to, but you cannot power was American. How much time do I have left? filibuster and then blame somebody There is one very important coalition The PRESIDING OFFICER. The Sen- else for not getting things done. partner—the Iraqis. It is incorrect to ator has 6 minutes 32 seconds. You heard from the Senator from Il- say that 90 percent of the casualties Mr. TALENT. I think I can do it in 6 linois that energy prices are too high. have been American. We have taken minutes. This is the reason I got up. President I am on the Energy Committee. It is casualties, but they are taking them Bush actually has a plan to lower one of my priorities to get energy too, and they will take more and more health insurance premiums. It is a prices down. We put together a really as they assume responsibility for this pretty good plan. It is my plan. He good Energy bill. We got it all the way war. kind of got it from me and Senator through the process, with one vote left. The Medicare prescription drug bill. SNOWE and Senator BOND and a couple We could not take that vote. Do you The Senator from Illinois says it is a of us over here, those of us who have terrible political conspiracy on the know why? It was filibustered. Is it worked on this since 1997 when I was in part of the President to delay the full President Bush’s fault that the Energy the House. I don’t like people saying implementation of the bill until after bill was filibustered—a pro-production, my plan is not a plan. pro-jobs, pro-growth Energy bill? November 2004. Nobody’s proposal President Bush wants two things. He Many Members on the other side would have been implemented before wants medical liability reform—reform joined us in trying to defeat the fili- November 2004. I didn’t like that. I of frivolous lawsuits in medicine. In buster, but there were not enough. We complained about that. I thought, well, Missouri, they know about this because lost three-quarters of the other party. in 1965 they did the whole Medicare bill we are losing doctors because mal- Senator KERRY voted for the filibuster. in 8 months. Why does it take so long practice insurance premiums are going Iraq. We hear over and over again to set up one new feature? Everybody up due to a problem with frivolous law- that there was no reason, no plan, no believed that. There were not any of suits. coalition. There was a reason and it their proposals that would have taken The Senator from Texas told me they goes back to 1991. I remember during effect before November of 2004. I don’t just passed a bill to reform that and the 1990s, when people criticized the like that, but that is not a political their health insurance premiums are first President Bush because he didn’t conspiracy. I don’t know if the Senator going down substantially, and I know get rid of Hussein. He was trying to ap- from Texas heard that. I had not. You this is happening all over the country. peal to the U.N., and he left Saddam cannot bargain. If you cut that risk of the frivolous Hussein in power. Look, this is the reason for the Medi- lawsuits, where people are recovering I was in the House all through the care prescription drug bill—and I have many more times the value of actual 1990s on the Armed Services Com- 200,000 senior citizens in Missouri who injuries, insurance premiums will go mittee. This man and his regime was have no insurance for their prescrip- down. President Bush wants that. We an organic threat to the interests and tion drugs. They are paying not only didn’t get that here because it was fili- security of the United States of Amer- out of pocket, which is the first thing bustered. His opponent in the election ica. Everybody saw it. He had attacked that is wrong, but they are paying the supported the filibuster. his neighbors twice, lobbed missiles all highest price because when they walk How can you say he doesn’t have a over the country. He used weapons of into the pharmacy, it is them against plan? You can say you disagree with mass destruction on his own people. We the big insurance companies. The the plan if you want—you filibustered cannot permit an anti-American tyrant whole idea is to get them into a pool it. The plan I have that the President to take control of that part of the because if you are part of a big pool, supports is called the association world. you have economies of scale and prices health plan. I believe very strongly that President will be lower. That is what this bill Most of the people who do not have Clinton was moving toward a resolu- does. I don’t have time to go into health insurance in the country are tion of that when he left office. Look length on this issue. working people. They work for small at the statements he made then and The bargaining with the prescription businesses or are farmers. They cannot the statements he has made since then. drug companies is going to be done by get health insurance because it is more Even if there had not been a 9/11, we the organizations that put the pool to- expensive to buy health insurance as would have had to do something about gether—like we have discount cards, part of a small group than it is as a big Saddam Hussein and, no, we could not one, for example, that AARP puts out, national pool. wait longer. How long are you supposed and AARP bargains with the prescrip- There is a reason everybody else who to wait? At what point do arguments in tion drug companies and you buy the has health insurance, except people favor of waiting really become just a AARP discount card and you get the who work for small businesses, get in disguise for doing nothing and not discount. People are getting that dis- as part of a national pool. Think about wanting to admit it? count today. that for a minute. You work for a big No plan. The plan was to remove Sad- If I go to the car dealer and buy an company, you are part of a big labor dam Hussein and replace him, with the automobile, I may bargain with the union plan, Medicare, a national pool, help of the Iraqi people, with a liberal dealer about the price of the car. I am Medicaid, a national pool. You are a democracy that would be an ally not going to bargain about the price of Federal employee, retired Federal em- against terrorism. Saddam Hussein is the tires on the automobile. That ployee, retired military, you get it as

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2004 CONGRESSIONAL RECORD — SENATE S10777 part of a national pool because there regarding the Presidential election, we distinguished Secretary of State Colin are economies of scale to insuring a ought to at least get it right. Powell, made such a convincing argu- large group. Administrative costs are I yield back the remainder of my ment in front of the U.N. and in front less, and the bargaining power is more. time. of the world at large about where these You get more for less. You get better The PRESIDING OFFICER. The Sen- weapons were stored, how they were quality health insurance at less cost ator from New Jersey. transported, and so forth. And all of and no sacrifice of access or quality. IRAQ us—I speak for myself—have faith in What I would like to do and the Mr. LAUTENBERG. Mr. President, I Secretary Powell, a distinguished sol- President would like to do is allow will use our time to discuss a couple of dier, great statesman, brilliant man, small businesses to do the same, to get subjects, one of which relates to the honest—honest. He later on said in a health insurance through their trade present debate or dialog, and that is public release that he, too, was de- association, so that my brother—and I the position of our respective parties ceived by the information that he re- have mentioned him on the floor be- on behalf of the interests of the Amer- ceived. fore—who has a little restaurant in St. ican people. After that, I will talk Now when we try to suggest that we Louis—and I encourage anybody within about the terrible attack that took were parties to the origination of this the sound of my voice to patronize it; place in Egypt against a group of war, it is an outrage. I felt, too—and I great hamburgers, Mr. President—he Israelis and what the world is saying was not in the Senate, but I said it pub- would like to get health insurance for about events such as that. licly, people were still hearing me oc- his people as part of a big group. He First, what we heard in the debate a casionally—that I supported the thrust would get it then. He is an employee of little while ago was the fact that the to go to war in Iraq because of the omi- his corporation, his little business. He reason, as I heard it—and I am willing nous reports we had. has to buy it on the small group mar- to be corrected if wrong—that one of It was not that we wanted to throw ket. But what if he could join the Na- the reasons we went to war in Iraq was American lives in there. We are now tional Restaurant Association and be- a resolution that was passed in this about to deploy some 1,500 Guard peo- come part of a 10-, 20-, 30-person pool body, in the Senate—talking about the ple from New Jersey. I hope that to- and get health insurance on the same resolution that was passed in October morrow I will be able to be there to terms as if he worked for Anheuser- 2002—giving the President authority to wish them well when they depart New Busch headquartered in St. Louis or send our troops to Iraq. That hardly Jersey. It reminds me of a long time Hallmark headquartered in Kansas was the reason we did that. ago when I also was transported out of City. The health insurance premiums We did not mandate in this body that New Jersey to a ship up in Massachu- would go down 30 percent, at no cost to we go to war. What we said was: OK, setts so I could go to Europe during the the taxpayers because it is not a Gov- Mr. President, if you know about those war. I want to be there tomorrow. They ernment program. It empowers small weapons of mass destruction, and if are all concerned. They are frightened. businesses to do what big businesses you know that al-Qaida has a presence The families are frightened. Their can do. there, and if all of these threats are di- spouses are frightened. Their kids are We hear over there how they do not rected at world peace and a threat to frightened. We are in a mess, we are in like big business. They are not sup- the security of the United States, we a quagmire, and the world is looking at porting this. It has passed in the House give you permission, we give you sup- us and listening to the messages that year after year with bipartisan support to send them. say we are doing well, we are prepared port. The President supports it; his op- We never relinquished our support for for the Iraqi takeover fully for the next ponent does not. the troops in Iraq, nobody here, not election. Mr. President, look, there are dif- even the most tranquil of the personal- We hear, well, maybe the next elec- ferences between President Bush and ities. Everybody said: Take care of our tion cannot be held as we thought it Senator KERRY. The nature of our elec- troops. Senator JOHN KERRY stood up might be in the whole country, maybe tions, unfortunately, is our can- and said: Take care of our troops. only part of it, maybe just the part didates—and I can assure voters of I was not in the Senate at that par- that we think is friendly. this—are never as bad as they make ticular moment, but I have been back The assertion when Prime Minister each other out to be. They are both here again since the beginning of 2003. Allawi was here, the interim Prime better people than you would believe There was never a moment when it was Minister who made his speech at the from the commercials, but there are suggested that we would not support joint session, that we should be as- big differences of opinion. And I am our troops and their needs, the basic sured—I heard President Bush say we proud of the fact that with the support things. should be assured that things are on of many people on the other side of the So when we were told that all these the right track. In other words, do not aisle, my party in leading this Con- threats were there, that we have to do believe what one sees in front of them. gress and my party’s leader at the it to protect ourselves, that 9/11 was No, no. Listen to what we tell people White House has proposed a series of fresh in our memory, that we felt we coming from the administration. Lis- measures that empower small busi- had to get out there before we had an- ten to the fabrications. Listen to the nesses and farmers that create jobs, other 9/11 thrust down our throats that stories about Senator JOHN KERRY’s that lower health insurance costs in in- would kill more Americans, we said: lack of courage, unwillingness to sup- novative ways that will not cost the OK, let’s do it. Let’s go ahead and port the troops. There is an unwilling- taxpayers a lot of money, that has make sure that we wipe out these ness that stands largely in our sight built up our defenses, has taken the things that menace America’s popu- about an unwillingness to serve when fight to the terrorists and has stood lation, that menace American citizens. the country was sending its people to with respect but clearly for the com- That was the reason we did it. Then Vietnam, where 58,000 of them perished monsense cultural values of this coun- we found out that we were duped. That on the battlefield. For Vice President try. is what happened. We were fooled. We CHENEY, he said, and I quote him, I I would say in each of those areas, were misled, and now everybody knows think—if I do not quote him, I am sure there is a big difference between my it. Yes, Senator JOHN KERRY had the about the general content of what he party’s nominee for President and the same information President Bush had. said, and that is: I had other priorities. other party’s nominee, as much as I re- The fact is, Senator JOHN KERRY did He received almost a half dozen spect him and as often as I have not manipulate the information, did deferments. worked with him on various issues in not make sure that people were identi- President Bush’s service, yes, I know, the past. With the greatest respect to fying tubes and pipes as part of the it was 30 years ago, and what does it the Senator from California and the threat that Iraq raised to us and to matter? It matters because it shows Senator from Illinois, that ‘‘ain’t’’ world peace. character. That is what it does. It flimflam. That is not misleading any- Much of that was, if not fabricated, shows character. President Bush did body. That is the way it is. If we are tainted, biased. Some of our most dis- not want to be over there where the going to debate out here on the floor tinguished Government servants, our fighting was tough, where one’s life

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10778 CONGRESSIONAL RECORD — SENATE October 8, 2004 might be at risk. No, no. He managed a way out of the mess. We are almost plans does he have for getting this to have a sweetheart duty and never a year and a half after President Bush economy back into surplus perform- went to war when he could very well declared the mission was accomplished. ances year after year? What kind of have, with the bravado that is now ex- It is almost 18 months ago but more plans does he have to fulfill the obliga- hibited. He could have gone to war and importantly it was more than 800 lives tion he took on with the Leave No stood alongside people like JOHN KERRY ago. We have now lost over 1,000 people Child Behind Act? It is one thing to and Max Cleland, those who paid a and more than 800 of them since May of enact legislation, to create law; it is price for their loyalty to country. a year ago, and they are still trying to another to pay for it. When it comes to I saw a commercial running on TV portray what the President said as gos- paying for it, that didn’t happen. this morning. I found it shocking. Wid- pel: mission accomplished. When you think about these tax cuts, ows, apparently, whose husbands per- He said, bring them on. Boy, that one we were accused before by one of our ished in the Korean War were saying got to me because I know what it is distinguished colleagues on the other they did not trust JOHN KERRY’s judg- like to be worried about the enemy. side of trying to create class warfare. ment because, why? It is because the They shoot at you. Bring them on? I That is the cheesiest thing I have ever Bush administration and the political never wanted to see a German uniform, heard. Class warfare? I happen to be in operation there has succeeded in poi- I can say that. I never wanted to see a class of income earners who did very soning the minds of Americans. more of the enemy. I wanted to make well in America, I and two other kids Do not believe the fact that Senator sure I did my duty. I wanted to make who came from the same poor neigh- KERRY got three Purple Hearts, deserv- sure that I got through. I wanted to borhood that I did. Their father worked edly, oh, no. They want to make the make sure I got back to my widowed in the same mill my father worked in, judgment from the White House. Those mother and my kid sister. That is what and my father died at 43 from an occu- judgments were made by the medical I wanted to do. So we never said, bring pationally hazardous environment. We department of the U.S. military, and them on. I have never heard of another built a huge business, a huge business. they were confirmed by the highest au- Commander in Chief say, bring them We went from nothing, three of us to- thorities in the military. on. gether, kids in their 20s, and we built a The medals for valor, the Bronze Star I do not want to elongate this discus- business that today employs 40,000 peo- and Silver Star—I served in Europe sion, but I must say when I see these ple. That is the old-fashioned American during the war and I know what it took character assassination ads that run on way. I made some money with this, as to get those medals. It took heroism. I television regularly, I do not hear them did many others who succeeded in busi- did not get one of those medals. I did talking seriously about the job recov- ness. We did it the old-fashioned way. my job the best I could. But JOHN ery, no, no. Some jobs are newly cre- Class warfare? I come from working- KERRY earned his medals, and they are ated but not as many as we lost. class stock, and I am proud of it. But being questioned to try to show he is They talk on the other side about because I have been successful, because unpatriotic. how JOHN KERRY is going to raise this country was the enabler that per- The fact that he rebelled against the taxes. Outrageous, the thought that he mitted me to be successful, as every- purpose of the war in Vietnam after he had voted to increase taxes. No, they body else who has been successful here, served, boy, what kind of backbone would rather vote to increase the def- I say I don’t need a tax cut. It will not that takes. The man knows the policy icit and to increase our indebtedness. do me any more good. I can’t buy more, is wrong, and it turned out to be That is what they want to vote for. Let I can’t eat more, I can’t do more, and wrong, and it turned out to be a ter- America owe so much money that we I want it distributed among the ordi- rible loss of life, but he fought the bat- may one day tip the world’s economy nary people who work every day, strug- tle. He exposed himself to danger, to into a recession mode. That was said gling the way I remember my mother death. He did it. What kind of courage by former Treasury Secretary Bob and my father did just to keep things that is. That is not the kind of courage Rubin, a very reliable voice. Both Re- on an even keel, to provide clothing, to we saw from a young George W. Bush, publicans and Democrats had faith in provide food, to provide decent shelter. not at all, or from Vice President CHE- Bob Rubin. He said if this indebtedness I lived in the back of the store for a lot NEY. I think Attorney General Ashcroft continues to grow, we could upset the of years, I can tell you, four of us in also had a few deferments. There is a world’s economy, not just ours. And I one room. Nobody wants to hear those list of them. believe it. Anybody who has ever been stories anymore. The Great Depression I think the race against former Sen- in business, anybody who has ever paid is a thing of the past. But we do under- ator Max Cleland, who lost two legs bills, anybody who has ever lived in a stand when people want to rise above and most of an arm and struggles to serious adult life knows that indebted- their circumstances and educate their get out of bed every day and do what ness is a killer. But the administration children and make sure they have a he has to—he is a courageous man and managed to turn things around. It chance at a job, a career, and a family he lost because he was portrayed as wasn’t my doing, I can tell you. I tried where they can afford the ordinary soft on defense. He was portrayed as to help. When I left here, we were hav- things of life—not the luxuries. soft on defense by those who also had ing surpluses, a couple of hundred bil- So we can’t talk about class warfare. Vietnam deferments. lion dollars in surplus with forecasts of If there is class warfare, boy, it is over The country was in a rage, with dem- a $5 trillion surplus at the end of 10 there. They say take the upper class, onstrations all over the place, but JOHN years. That has turned around. Instead, give them a lot of money back, and KERRY took up the challenge and went we expect about a $7 trillion deficit don’t worry about those poor people or to war. after 10 years. those who now have two jobs, who now So now when I hear these spurious We have managed to take this econ- find their purchasing power is substan- assertions that one cannot trust JOHN omy and turn it on its ear, borrow from tially reduced, who now are worried KERRY, well, I will say, if I was lost in Social Security, threaten Medicare about what it is going to cost for the woods and had a choice between with insolvency in 15 years. By 2019, health care and who are worried about JOHN KERRY or George W. Bush getting the expectation is that Medicare will pensions. me out, I know JOHN KERRY can make go belly-up at that time. Social Secu- I was at a hearing the other day on a decision. I know he can find his way. rity? We are borrowing everything the financial condition of the airlines. I know he can survive when the going available there. Why don’t we tell the What they want to do is to get rid of is tough. I know he had the guts to people the truth? Why don’t we talk their pension obligation. If you work 26 reach into the water to pull out one of about those issues in depth? years for an airline, a factory, or a his companions who was likely to In the debates coming up tonight and company, work 27 years, count on your drown and saved his life. The man says another one next week, I hope the pension, and wake up one day and find so all over the place. focus will be on what kind of plans out it is not there, what do you do? I think the country would be far bet- each of the candidates has. What kind You are 55, 60, 65 years of age. These ter off if we followed JOHN KERRY’s of plans has President George W. Bush are terrible blights. I hope we are going courageous character and tried to find for getting us out of Iraq? What kind of to see something of the truth.

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2004 CONGRESSIONAL RECORD — SENATE S10779 TERRORIST BOMBING IN EGYPT what is causing the problems within McConnell Reid Specter Mr. President, I want to discuss an- Israel and her right to defend herself. Mikulski Roberts Stabenow Miller Rockefeller Stevens other subject. I want to discuss the I yield the floor. Murkowski Santorum Talent news we heard today of a raid in Egypt QUORUM CALL Murray Sarbanes Thomas Nelson (FL) Schumer aimed at a bunch of Israelis who were Mr. LAUTENBERG. I suggest the ab- Voinovich there on vacation—brutalizing, suicide Nelson (NE) Sessions Warner sence of a quorum. Nickles Shelby Wyden bombers, the whole thing. An Israeli The PRESIDING OFFICER. The Pryor Smith Reed Snowe official says maybe it was al-Qaida. Ob- clerk will call the roll. viously it was some mad group. The assistant legislative clerk called NAYS—4 What I see lately is disturbing trends the roll, and the following Senators en- Allen Breaux regarding the various criticisms of tered the Chamber and answered to Bennett Inouye Israel. We have seen two prominent their names: NOT VOTING—11 church bodies decide to take away [Quorum No. 1, Leg.] Boxer Graham (FL) Leahy their investments from Israel because Campbell Graham (SC) Lieberman Frist of Israel’s—maybe it is because Israel Chambliss Hollings Sununu wants to defend itself, to keep its peo- The PRESIDING OFFICER (Mr. Edwards Kerry ple alive. Maybe it is because Israel CRAIG). A quorum is not present. The The motion was agreed to. wants to live as any other country—in clerk will call the names of absent Sen- The PRESIDING OFFICER. A peace, without torture, without suicide ators. quorum is present. bombers ripping up the society. Mr. FRIST. Mr. President, I now The majority leader. The Israelis have lost over 1,000 lives move to instruct the Sergeant at Arms Mr. FRIST. What is the pending busi- since 2000. Think of it in terms of to request the presence of absent Sen- ness? America and the numerical equivalents ators, and I ask for the yeas and nays The PRESIDING OFFICER. The because their population is so much on the motion. Bingaman amendment has been set smaller. One thousand citizens of Israel Mr. HARKIN. Parliamentary inquiry: aside. would be the same as 48,000 Americans Are we not in a quorum call? Mr. FRIST. Mr. President, the two lost to terror. Heaven forbid it, but The PRESIDING OFFICER. We have distinguished whips have done a lot of that is the truth of the matter. had a quorum call, and a quorum is not work on the resolution before us Israel has taken appropriate meas- present. through yesterday, last night, and over ures to defend itself against the ter- Is there a sufficient second on the the course of the morning. As people rorist threat it faces every day. Israel motion? have been saying, we have come to a has made tough choices to defend her There is a sufficient second. stall period, and we really do need to people. But now we are seeing these re- Mr. HARKIN. Mr. President, par- refocus on the resolution itself. We are spected, mainstream church organiza- liamentary inquiry. down to a very few remaining amend- tions contemplating divestment cam- The PRESIDING OFFICER. The ments that were agreed to. The list was paigns against the State of Israel. I question is on agreeing to the motion. agreed to last night. I urge our col- wish they would talk about ending the The clerk will call the roll. leagues to allow us to progress on the violence that has been the pattern The legislative clerk called the roll. underlying resolution and on those there for so long. There is so much vio- Mr. MCCONNELL. I announce that amendments so we can progress with a lence and strife in the region, not dis- the Senator from Colorado (Mr. CAMP- lot of business that we have to do. But similar to that which we are facing in BELL), the Senator from Georgia (Mr. we cannot do the other business until Iraq. CHAMBLISS), the Senator from South we address these amendments. There is a trend. You can see it in I understand everyone’s rights, but I Carolina (Mr. GRAHAM), and the Sen- the talk of a divestment campaign— ator from New Hampshire (Mr. remind everybody that we are in a clo- blame Israel first. The innocents killed ture period, and we invoked cloture. I SUNUNU) are necessarily absent. by terrorists are ignored, but there is a Mr. REID. I announce that the Sen- believe the vote this morning was 88 to disproportionate focus on civilian vic- 3. Therefore, I urge us to stay on the ator from California (Mrs. BOXER), the tims of Israeli military operations Senator from North Carolina (Mr. business we are now on and to address against terrorists. To blame Israel for the amendments. Once we complete the EDWARDS), the Senator from Florida the turmoil and violence in the Middle amendments, we will proceed to the (Mr. GRAHAM), the Senator from South East is outrageous. Review some of the cloture vote on the underlying resolu- Carolina (Mr. HOLLINGS), the Senator recent history in the Middle East, tion itself. from Massachusetts (Mr. KERRY), the events that had nothing to do with We have just used a procedural vote. Senator from Vermont (Mr. LEAHY), We have not had to use procedural Israel. Yet when I was in Syria with and the Senator from Connecticut (Mr. other Senators, we heard the President votes very often over the last couple of LIEBERMAN) are necessarily absent. years. I am disappointed to have to of Syria, President Assad, say all the The PRESIDING OFFICER (Mr. problems that exist in the area are be- force Members to come back to the ALEXANDER). Are there any other Sen- floor, but we do need to focus on the cause of Israel. ators in the Chamber desiring to vote? Millions died in the Iran-Iraq war. It business at hand. We have other issues The result was announced—yeas 85, had nothing to do with Israel. In to address, such as the FSC/ETI bill nays 4, as follows: Sudan, Arab Muslims are murdering and the Homeland Security appropria- thousands of Black Christians—noth- [Rollcall Vote No. 205 Leg.] tions that we are doing. We cannot get ing to do with Israel. Iraq invading Ku- YEAS—85 to those until we address the business wait in 1991 and threatening Saudi Ara- Akaka Conrad Grassley at hand. bia had nothing to do with Israel. The Alexander Cornyn Gregg Some people are saying we ought to Allard Corzine Hagel Taliban took control of Afghanistan Baucus Craig Harkin go home or we should not do the Na- and severely oppressed women and gave Bayh Crapo Hatch tion’s business. We are talking about safe haven to terrorists—nothing to do Biden Daschle Hutchison intelligence reform, the safety and se- Bingaman Dayton Inhofe curity of the American people, and we with Israel. None of these events had Bond DeWine Jeffords anything to do with Israel, yet some- Brownback Dodd Johnson need to address those issues now. how or other the region’s problems are Bunning Dole Kennedy We do have the FSC/ETI bill, the De- Israel’s fault. Burns Domenici Kohl fense authorization bill, and the Home- Byrd Dorgan Kyl How much time do I have remaining? Cantwell Durbin Landrieu land Security appropriations, when The PRESIDING OFFICER. The Sen- Carper Ensign Lautenberg they are available, and we will take ator has 4 seconds remaining. Chafee Enzi Levin those up. But we have to complete this Mr. LAUTENBERG. Mr. President, Clinton Feingold Lincoln bill first. Cochran Feinstein Lott with that, I will close my comments Coleman Fitzgerald Lugar On the business at hand, I have an and hope the world takes a look at Collins Frist McCain amendment at the desk, which has

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10780 CONGRESSIONAL RECORD — SENATE October 8, 2004 been cleared on both sides. I do ask subjects that the conferees know noth- Mr. HARKIN. The Senator asked consent to call up a modified version of ing about in appropriations should not what my plans are. My plans are to my amendment, which is at the desk. be changed. The Senator from Iowa can protect my farmers. The PRESIDING OFFICER. Is there speak for himself, but I have a situa- The PRESIDING OFFICER. Without objection? tion where the conferees on that sub- objection, it is so ordered. Mr. HARKIN. Mr. President, I object. committee have not had a hearing on Mr. HARKIN. My plans are to fight The PRESIDING OFFICER. The ob- the huge program called the milk sub- for what we in the Agriculture Com- jection is heard. sidy for America. They changed it. mittee—— Mr. FRIST. Mr. President, again, this They extended part of it. They added a Mr. MCCAIN. Mr. President, the Sen- amendment was an amendment that, new subsidy and a new forward con- ate is not in order. last night, we said we would be ad- tract. The PRESIDING OFFICER. The Sen- dressing today. We have Members who Now, how do they know how that af- ate will be in order. The Senator from are trying to work on that business. fects Oklahoma, California, or Texas? Iowa. Again, I plead with Members on both They do not, but there are enough peo- Mr. HARKIN. I say to my friend from sides of the aisle to allow us to address ple on the conference to do that, and Arizona, my plan is to fight for an the intelligence oversight of the Sen- Senators know about that. agreement that was hammered out in ate. The American people expect it. I Now, I am a player, and there is no- the Agriculture bill a couple or 3 years know individual Senators have certain body who has more respect for what ago that everybody signed up on, ev- rights to put a block and to obstruct, the Senator is trying to do than I, but eryone agreed, the President signed it. but we are talking about the Nation’s there comes a point where one cannot It is not right. I tell my friends, it is business. stand it anymore. People want this big not right to treat farmers in one area We are about ready to adjourn over bill to protect our country, Homeland of this country different than the the next hours, but it looks as though, Security, but they do not have to pro- other. For the last 50 years, this Con- because of the obstruction, it is going tect some cows along with it, do they? gress has responded to disasters, to be days now, but we are going to We are not here for a cow protection whether they are earthquakes or torna- stay here. The American people deserve program; we are here to protect Amer- does or floods or hail or fire or hurri- it. The 9/11 Commission Report said act ica. canes. For 50 years, we have responded, and we have acted, and now we are in So if they do that—I do the rules, al- and not once, not once have we offset that final few feet of this sprint, and though not very often, but that bill has it. It has always been in emergency we are there, but we are having this ob- three perfect points of order in it. I say spending. struction. to the leader, they will be made, and Mr. NICKLES. Will the Senator The amendment I just asked to turn they are all debatable. Unless they can yield? to is part of the underlying business. get to the floor to make a motion to Mr. HARKIN. Not once until 2 years Again, we just heard another objection. table, we will be here and then we can ago they did it once, and that was cor- So I am frustrated, but nevertheless we talk a little bit. rected. Now they want to do it again. are going to stay here and we are going So the great desire of the Senator to Once was once too many. Now they to complete the Nation’s business. get out of here Sunday, I can tell the want to change the underlying struc- I am prepared at this juncture to Senator that if he brings that bill out ture of the farm bill. I am telling you, yield the floor to allow business. I un- here with that on it, we are here until it is not right to do so. derstand Senators have rights and can Wednesday. I thank the Senator from Arizona for speak under rule XXII, but I do want to That is a cinch. giving me the time to explain why I am at least advise Members that we can- The PRESIDING OFFICER. The Sen- doing what I am doing. I thank the not just sit in a quorum call like we ator from Arizona has the floor. Senator. Mr. MCCAIN. I thank the distin- have for the last little bit throughout The PRESIDING OFFICER. The Sen- guished Chair, and I thank the Senator the afternoon. The American people de- ator from Arizona has the floor. from New Mexico and respect always serve more. We are here to work. We Mr. MCCAIN. I would like to do the his opinion and his passion. are here to produce. We are here to ad- same thing with the Senator from Ar- Since the Senator from Iowa is in the dress the safety and security of the kansas in just a minute. I would like to Chamber, I would like to perhaps do American people. If Members want to make a point to my friend from Iowa something that may be pleasant for debate this resolution, please come for- and others. I don’t think there is any- him, and that is I will yield to him for ward and do it. It is the resolution that one else in this body who has been 5 minutes without losing my right to is the business on the floor. We will viewed in as many ways as one who is— the floor, if he would like to describe have votes as necessary through the maybe the word is obstructionist and his plans to the body. No? disagreeable from time to time on afternoon and through the evening, Mr. HARKIN. I thank the Senator issues with which I do not agree, but hopefully on substantive amendments. from Arizona. I did not hear what he let me say I have never filibustered, We will have procedural votes, if nec- said. nor have I ever tried to prevent the essary, to bring people back to conduct Mr. MCCAIN. I said I would be glad to the Nation’s business. propound a unanimous consent to yield passage of legislation as long as I have The PRESIDING OFFICER. The Sen- to the Senator for 5 minutes without been able to have my amendment, ator from Arizona. losing my right to the floor, if the Sen- make my point, and get a vote and Mr. DOMENICI. Will the Senator ator would like to describe what he in- move forward. yield?. tends to do. I say to my friend from Iowa, I think Mr. MCCAIN. I have the floor. I would Mr. HARKIN. I thank the Senator for the good of the body here, on Fri- be glad to yield to the Senator from from Arizona. I did not hear what he day afternoon, I would be glad to vote New Mexico for purposes of a discus- said. on any amendment he would propose. I sion. Mr. MCCAIN. I said I would be happy would be glad to debate and vote, be- Mr. DOMENICI. Yes, discussion of to propound a unanimous consent to cause I just do not think it is good for this bill. First, I want to say I have a yield to you without losing my right to the institution for us to stay here until little amendment pending, but believe the floor, if you would like to describe Tuesday, basically doing nothing. I am me, I do not intend to delay things. I what you intend to do. not sure we satisfy our constituents by will offer it with Senator BINGAMAN, so Mr. HARKIN. I thank the Senator for doing so. I am not running to my office, and the that kindness. Now, if it is agreeable—I ask unani- Senator does not have to call me back Mr. MCCAIN. I ask unanimous con- mous consent to yield 2 minutes to the with anything. sent to yield to the Senator from Iowa Senator from Arkansas, without losing I want to tell the Senator why things for 5 minutes and then regain my right my right to the floor—excuse me, Lou- are taking so long. We have Senator to the floor. isiana. My deep apologies. I do know HARKIN. He has a legitimate point. I The PRESIDING OFFICER. Is there the difference between Louisiana and mean, the whole law of the land on big objection? Arkansas.

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2004 CONGRESSIONAL RECORD — SENATE S10781 Ms. LANDRIEU. I thank the Senator (Purpose: To vest sole jurisdiction over the The PRESIDING OFFICER. The Sen- from New Mexico. Federal budget process in the Committee ator has called up an amendment and The PRESIDING OFFICER. The Sen- on the Budget) has sent it to the desk, and a second- ator from Louisiana. At the end of Section 101, insert the fol- degree amendment as well, which is his Ms. LANDRIEU. Mr. President, I lowing: right. ‘‘(e) JURISDICTION OF BUDGET COMMITTEE.— thank my distinguished colleague for The Senator from Oklahoma. Notwithstanding paragraph (b)(3) of this sec- Mr. NICKLES. Mr. President, I be- yielding. tion, the Committee on the Budget shall I am objecting also because of an lieve I was recognized. have exclusive jurisdiction over measures af- For the information of my col- issue that is of great concern to me and fecting the congressional budget process, in- leagues, to help clarify, I believe I un- to the people of Louisiana. It is in this cluding: derstood the underlying Domenici $137 billion tax bill that we have (1) the functions, duties, and powers of the amendment was set aside. worked on very hard for 2 years. Our Congressional Budget Office; (2) the functions, duties, and powers of the Mr. MCCAIN. Mr. President, I do not leaders in the Senate have done an ex- Congressional Budget Office; believe the pending amendment was set cellent job under very difficult cir- (3) the process by which Congress annually aside. It required unanimous consent. cumstances. It was a House committee, establishes the appropriate levels of budget Mr. NICKLES. My understanding—I without the cameras rolling and with- authority, outlays, revenues, deficits or sur- will ask the Chair, but it is my under- out a real record of it. pluses, and public debt—including subdivi- standing the Domenici-Craig amend- The only people taking bullets for us, sions thereof—and including the establishment was set aside. Under the unani- ment of mandatory ceilings on spending and who are the men and women on the mous consent agreement that was en- front line in Afghanistan and Iraq—in appropriations, a floor on revenues, timetables for congressional action on concurrent tered into yesterday, there were sev- this case the Guard and National Re- resolutions, on the reporting of authoriza- eral amendments to be pending, that serve—the only people taking the bul- tion bills, and on the enactment of appro- are in order. One of those amendments lets were left out of the bill com- priation bills, and enforcement mechanisms is an amendment I had, dealing with pletely. They were not the top of the for budgetary limits and timetables; the budget office. I am just trying to list, they were not in the middle of the (4) the limiting of backdoor spending de- get in, too. list, and they were not in the bottom of vices; I have modified it at the request of the list. (5) the timetables for Presidential submis- the chairman of the Government Oper- sion of appropriations and authorization re- ations Committee. This is not a signifi- So I am slowing the Senate down quests; until I can get this message out, and (6) the definitions of what constitutes im- cant amendment, but it is an impor- talking to as many reporters and oth- poundment—such as ‘‘rescissions’’ and ‘‘de- tant one and I am trying to advance ers who will talk so I can tell them the ferrals’’; the movement of this bill, to have a truth and what happened. I can talk to (7) the process and determination by which pending amendment. I have now modi- my colleagues if we are going to stay impoundments must be reported to and con- fied it. I have a second-degree amend- here a day or 2 days or 3 days. They sidered by Congress; ment pending to it, that Senator KENT (8) the mechanisms to insure Executive CONRAD and myself are cosponsoring. have been in Iraq for over a year and a compliance with the provisions of the Im- half, 2 years, and another weekend is It now means that would be the pend- poundment Control Act, title X—such as ing amendment to the underlying bill not going to hurt me. We need to talk GAO review and lawsuits; and about a plan to work through it. But I (9) the provisions which affect the content when we go to the regular order on the am not leaving them on the cutting- or determination of amounts included in or bill. I would like for us to finish this bill. room floor. excluded from the congressional budget or the calculation of such amounts, including I know some people wish to speak at The PRESIDING OFFICER. The Sen- length because they happen to be upset ator from Arizona has the floor. the definition of terms provided by the Budg- et Act.’’ about the Homeland Security bill. I Mr. MCCAIN. I would like to say AMENDMENT NO. 4041 TO AMENDMENT NO. 4027 may support them in their efforts. again to my colleagues, as one who has That remains to be seen. But I do think a reputation for disagreeing from time Mr. NICKLES. Mr. President, I call up amendment No. 4041 to amendment it is important we finish the bill that is to time, I think we should let the body pending, and there are four or five No. 4027. move forward and decide on these amendments that are out there. Maybe Mr. KENNEDY. Point of order, Mr. amendments. I believe we could work two or three of those amendments will President. Parliamentary inquiry: As I out agreements that would allow for be agreed to and we can finish the understood it, the Senator from Ari- amendments to be voted up or down on Homeland Security bill in a very short zona yielded for points of discussion. I these very compelling issues. period of time. I share the concern and view of the ask the Chair if he would not rule. I The PRESIDING OFFICER. The Sen- Senator from Louisiana. I think that ask if he asked consent if he would be ator’s time has expired. issue needs to be discussed and de- able to yield, for the point of discus- Mr. MCCAIN. Before I yield to the bated. I am not sure just holding up sion, to other Members here? As I un- Senator from Kentucky—I mean Mas- the body is the answer. derstand it now, the Senator is offering sachusetts—— Finally, I ask unanimous consent for an amendment. That is not discussion. The PRESIDING OFFICER. The my colleague from Oklahoma to speak I make a point of order. clerk will report the second-degree for 3 minutes, without losing my right The PRESIDING OFFICER. The Sen- amendment. to the floor, and then the Senator from ator yielded for a specified period of The assistant legislative clerk read Massachusetts. time. as follows: I ask unanimous consent for 5 min- Mr. KENNEDY. And not for discus- The Senator from Oklahoma [Mr. NICKLES] utes to the Senator from Oklahoma sion only? proposes an amendment numbered 4041 to without losing my right to the floor. The PRESIDING OFFICER. Simply amendment No. 4027. The PRESIDING OFFICER. Without for a specified period of time. Mr. NICKLES. I ask unanimous con- objection, it is so ordered. The Senator Mr. KENNEDY. What is the request sent that the reading of the amend- from Oklahoma. now that is before the Chair? ment be dispensed with. Several Senators addressed the Mr. HARKIN. I object. AMENDMENT NO. 4027 TO AMENDMENT NO. 3981 Chair. The assistant legislative clerk con- Mr. NICKLES. Mr. President, I call Mr. MCCAIN. What is the pending tinued with the reading, as follows: up amendment No. 4027. business? Strike all after the first word, and insert The PRESIDING OFFICER. The The PRESIDING OFFICER. The Sen- the following: clerk will report. ator from Oklahoma has the right to ‘‘JURISDICTION OF BUDGET COMMITTEE.— The legislative clerk read as follows: call up an amendment. Notwithstanding paragraph (b)(3) of this section, and except as otherwise provided in the The Senator from Oklahoma [Mr. NICKLES] Mr. KENNEDY. Mr. President, what Congressional Budget Act of 1974, the Com- proposes an amendment numbered 4027 to is the request? mittee on the Budget shall have exclusive ju- amendment No. 3981. Mr. MCCAIN. What is the pending risdiction over measures affecting the con- The amendment is as follows: business before the Senate? gressional budget process, which are:

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10782 CONGRESSIONAL RECORD — SENATE October 8, 2004 (1) the functions, duties, and powers of the The PRESIDING OFFICER. Is there Mr. MCCAIN. I would be glad to yield Budget Committee; objection? for a question by the Senator from New (2) the functions, duties, and powers of the Mr. NICKLES. I have no objection. Hampshire. Congressional Budget Office; The PRESIDING OFFICER. Without (3) the process by which Congress annually I am learning. establishes the appropriate levels of budget objection, it is so ordered. Mr. GREGG. The Senator has spent authority, outlays, revenues, deficits or sur- The Senator from Massachusetts. some time there, and we appreciate it. pluses, and public debt—including subdivi- Mr. KENNEDY. Mr. President, my Mr. President, I ask the Senator from sions thereof—and including the establish- friends and colleagues from Iowa, Flor- Arizona if he would be willing to allow ment of mandatory ceilings on spending and ida, and Louisiana have outlined very me to go forward with a unanimous appropriations, a floor on revenues, time- briefly some of their concerns about consent request which the Senator tables for congressional action on concurrent how they felt the minority had been from Massachusetts, Senator KENNEDY, resolutions, on the reporting of authoriza- treated in an arbitrary way in the con- tion bills, and on the enactment of appro- and I have agreed to which would ex- ference committee. tend the higher education bill and priation bills, and enforcement mechanisms I want to remind the Senate that we for budgetary limits and timetables; which would in addition allow us to had a 78-to-15 vote in the Senate to tie Mr. REID. Mr. President, it does not save the taxpayers $100 million from the tobacco buyout with the FDA regu- money that is now being paid out to take consent to stop reading. I seek lations, and that particular proposal recognition. I ask unanimous consent banks that are getting unconscionably came back. We had not asked that the high rates of return on student loans, to speak for 1 minute. tobacco buyout be in the tax bill. But, The PRESIDING OFFICER. Is there and take that money and apply it so nonetheless, the House decided to put that teachers who go into underserved objection? it in the bill. Then when it came back Mr. REID. Mr. President, I want the districts or in matters such as special here, the decision of that conference attention—— education could receive a much higher was made to take care of the tobacco Mr. MCCAIN. I have the floor, Mr. forgiveness of their loans, raising their President. companies and give short shrift to the forgiveness from $5,000 to $17,000. The PRESIDING OFFICER. The Sen- children of this country. I was wondering if the Senator would ator from Arizona has the floor. I think it is going to be appropriate allow me to offer a unanimous consent Mr. MCCAIN. Has the time of the that many of us talk about that and request. I believe it has been signed off Senator from Oklahoma expired? make sure the American people under- on by both sides. stand that. The PRESIDING OFFICER. The time Mr. MCCAIN. I would be glad to. Finally, we have also had the issue of the Senator from Oklahoma has ex- I wonder why the Senator missed this on overtime. Three times we saw the pired. one. What happened? Are we asleep at decision made in the Senate to repeal The Senator from Arizona has the the switch? Everything else is in here. floor. the administration’s overtime—twice Mr. GREGG. That is a good point. in the House of Representatives. This Mr. REID. Mr. President, I ask unan- Mr. MCCAIN. There is all kinds of fun imous consent to speak for 1 minute. was given 6 minutes in the conference in that. I don’t know why you missed The PRESIDING OFFICER. Is there committee. that one. Of course, we have homeland I think the working families of this objection? appropriations coming down. That is country have a right to understand and Mr. MCCAIN. The Senator from Mas- loaded with pork. The Senator from know what is in that FSC bill. I for one sachusetts was waiting to say a few New Mexico just mentioned they intend to use my time to make sure words. I ask unanimous consent to changed the formula on milk to the yield to the Senator from Massachu- that they do. I thank the Senator from Arizona for tune of about $2.4 billion. setts for 5 minutes for the purpose of Mr. DOMENICI. They haven’t yet. yielding. discussion, followed by the Senator Mr. GREGG. This is within the juris- from Nevada for 2 minutes, with my The PRESIDING OFFICER. The Sen- ator from Arizona. diction of my committee, and the Sen- right to regain the floor. ator from Massachusetts and I have The PRESIDING OFFICER. Is there Mr. MCCAIN. Mr. President, I would like to say again I am not sure that the worked on this. We think it is impor- objection? tant for existing students who are pay- Mr. REID. I ask unanimous consent situation on Monday, or Tuesday, or ing this ridiculous interest rate—the to speak before Senator KENNEDY for 1 midnight tonight, or Wednesday, or Government is paying this ridiculous or 2 minutes. whatever, is going to be any different The PRESIDING OFFICER. Is there than it is now. I have been assured by interest rate—and use the money to objection? the leader that we could have any help teachers who are going into under- Without objection, it is so ordered. amendment within reason considered, served areas. Will the Senator allow Mr. REID. Mr. President, I direct this debated, and voted on in a reasonable me to do that? to my friend from Oklahoma. I have length of time. I hope my colleagues Mr. MCCAIN. I would be glad to. the greatest respect for the Senator will consider doing that. Mr. KENNEDY. I am in strong sup- from Oklahoma. But it is not appro- Mr. DURBIN. Mr. President, will the port. priate when neither manager is on the Senator yield for a question? Mr. MCCAIN. I am happy to yield for floor to send an amendment to the Mr. MCCAIN. I would be glad to. a question by the Senator from Massa- desk. It is not the way we do things Mr. DURBIN. If I am not mistaken, it chusetts. around here. I ask unanimous consent is possible to amend the conference Mr. KENNEDY. Will the Senator that the action taken by my friend be committee report which was sent to us agree with me that even though I vitiated. That is not fair. I say that for consideration on the floor of the might strongly support what the Sen- with all due respect. We have been here Senate. The Senator suggested amend- ator from New Hampshire has stated, I for the last 3 or 4 days. ments several times. I ask if he would would like to defer action because my Mr. NICKLES. Mr. President, will the please clarify that. friend and colleague Senator HARKIN is Senator yield? Mr. MCCAIN. I think the Senator not here at the moment. He may or Mr. MCCAIN. Once, shame on you; knows that conference reports are not may not object. He objected to it ear- twice, shame on me. The Senator from amendable. But I would also respond by lier. I hope the Senator will address Massachusetts was recognized. saying as frustrated as many of us are this later on in the afternoon or Mr. REID. My time is not up. with conference reports, especially ap- evening. The PRESIDING OFFICER. The Sen- propriations conference reports coming Mr. GREGG. Will the Senator from ator from Nevada has the floor. out with little things in them that we Massachusetts yield the floor at this Mr. REID. Mr. President, I ask unan- never anticipated, if you want to delay time? At some time I would like to put imous consent that the action taken by it 1 day, or 2 days, or a week, the result the body on notice that we need to the Senator from Oklahoma be viti- is basically going to be the same. I handle it today. ated, and that we go back to where we think we all know that. Mr. MCCAIN. Mr. President, I appre- started before he offered his amend- Mr. GREGG. Mr. President, will the ciate the work of the Senator from ment. Senator yield for a question? New Hampshire and the Senator from

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2004 CONGRESSIONAL RECORD — SENATE S10783 Massachusetts on this issue. I have Now, we are tinkering with the over- with myself, while we did that, we got been reading a lot about it. I think it sight responsibilities of the Intel- these calls: Way to go, we are with you, is disgraceful and outrageous, and I ligence Committee but certainly noth- we are with you. This is a great thing think every Member of this body ing substantive. When I go home to Ar- to do. You have to move the TSA into agrees with it. I hope we can get this izona and I say: My friends, we have the Department of Homeland Security. done today because it is as egregious as really reformed intelligence; we have I said: Fine, will you issue a state- the Senator from New Hampshire de- changed the Intelligence Committee ment saying that? No, no, no, we can- scribed. from a B committee to an A com- not do that. We cannot issue a state- I have little doubt about the outcome mittee. How do you like that? They are ment saying we support such an of this vote, but I will continue to re- going to be overwhelmed when they amendment. We might make somebody mind my colleagues that the so-called hear that we have changed the Intel- mad. reorganization resolution is a farce. ligence Committee from a B committee We saw the result of that outrageous The hypocrisy was bad enough when to an A committee. I can see the attempt to move the organization the resolution was laid down Wednes- Scottsdale Rotary Club rising to their called the Transportation Security Ad- day evening. Since that time, Mem- feet in applause for this incredible ministration under the jurisdiction of bers’ parochial interests have whittled change we have made in the way we the committee on homeland security. I away the little new oversight author- carry out our intelligence oversight re- will admit in retrospect I cannot imag- ity that would be transferred to the responsibility. ine why anyone would assume that the named homeland security and govern- I apologize for engaging in a little bit Transportation Security Administra- mental affairs committee. The result is too much hyperbole. tion should fall under the committee nothing more than a name change for We took away from the new com- on homeland security. the committee. mittee jurisdiction over immigration, I associate myself with the remarks Anyway, we aren’t changing things then the Secret Service. I have to re- here. We have decided the status quo is of Senator VOINOVICH, who made some late to my colleagues a funny story in comments last night when he further good enough, and we are sticking with case they missed it. I was on the Sen- exposed this sham for what it is. We it. ate floor with the two sponsors of the should adopt this proposal to not re- I again quote from David Ignatius’ amendment that would keep the Secret name the committee but keep it the article in the Washington Post this Governmental Affairs Committee since Service under the Judiciary Committee morning: we really are not making any sub- when they said: You know, the Secret Senators were patting themselves on the stantive changes. Service really wants to be under the back yesterday for passing some of the intel- In today’s Washington Post, there is Judiciary Committee. I have encoun- ligence reforms recommended by the 9/11 an excellent column by David Ignatius. tered hundreds of Secret Service Commission. David Ignatius says in the article: agents, and I have never had a single I was one of those. I was praising the ‘‘It’s outrageous. The American people one come up to me and say: Senator, work that was done as far as executive should be angry,’’ says former Senator Bob please put me under the oversight of reorganization. It was landmark legis- Kerrey, who was a Member of the Sept. 11 the Judiciary Committee. Never. I lation, the first major reorganization commission and for eight years served as a guess I have not spoken to the right of Government since 1947. It was an in- member of the Senate intelligence com- agents. credible job. mittee. He argues that it would have been Anyway, all that is remains of the But behind the scenes, the legislative better to drop the executive-branch changes committee on homeland security is the process has been an egregious example if Congress was not going to reform itself. name. I wouldn’t be surprised if some- ‘‘These are secret agencies,’’ he explains. of congressional politics as usual. ‘‘Unless you put in place strong oversight, it one objected to that on jurisdictional Legislators have embraced the commis- isn’t going to work.’’ grounds. sion’s call for a national intelligence direc- The new committee, as the Senator In fact, Senator KERREY and others tor and a national counterterrorism center argue with the consolidation of power from Maine and the Senator from Con- that would, in theory, coordinate intelligence efforts in the executive branch. But we are making it more dangerous be- necticut will attest, the new committee will have responsibility over 34 they have ignored or gutted the commis- cause there is no oversight. We may sion’s proposal for similar reforms in the have not only remained in neutral here percent of the budget and 3.9 percent of the employees. About all that it will be way Congress oversees intelligence. as far as increasing congressional over- ‘‘Of all our recommendations, strength- sight, but since we are consolidating responsible for is FEMA and the Office ening congressional oversight may be among power, what this proposal does is even of the Secretary. That is right, over 96 the most difficult and important,’’ the com- more dangerous to America than the percent of the employees of the Depart- missioners stressed in their final report. status quo. ment of Homeland Security will fall They urged that Congress give its intel- The 9/11 Commission in its report de- under the jurisdiction of other commit- ligence committees control over both au- scribed congressional oversight of in- tees, not the committee on homeland thorizations and appropriations—so that the committees would finally have the muscle to telligence as ‘‘dysfunctional.’’ They did security. So much for real reform. One of the recurrent themes has been provide real oversight. not say it needed improvement; they Why did the Senate bill scuttle these inter- did not say the system could use a the overload of the Department of nal reforms of what the commission called tweak here or there; they said it was Homeland Security because of the ‘‘a dysfunctional’’ system? Because they dysfunctional and that it needed com- number of committees they have to would threaten the turf of powerful legisla- prehensive change. So we in the Senate testify before during the course of a tors. To be blunt, the Senators put their own supposedly committed to doing just year. The number, as I remember, is 88 perks and prerogatives ahead of the Nation’s that. We formed a working group, held different committees and subcommit- security. discussions—they were interesting dis- tees, et cetera. I hope the Senator from That is a pretty tough statement. cussions, by the way—committed to Maine will assert exactly how many ‘‘It is outrageous. The American people bringing a bill to the Senate, and now committees and subcommittees under should be angry,’’ says former Senator Bob we are here. this revolutionary new reorganization Kerrey. What have we done? Have we em- the Department of Homeland Security By the way, Senator Bob Kerrey left braced comprehensive change? No, we will have to testify to. part of his leg on the battlefield at haven’t. We haven’t even embraced a Now, a word about the Department of Vietnam and received the Congres- modicum of change. We have said that Homeland Security, the White House, sional Medal of Honor and was also a the status quo is fine with us, and as and the administration. While we were member of the 9/11 Commission and for far as the Senate is concerned, Sep- trying in our amendment to move the 8 years served as a member of the Sen- tember 11 never happened. It never TSA—a radical idea—to move the ate Intelligence Committee. happened, if you look at what is being Transportation Security Administra- He argues that it would have been better done in the name of responding to Sep- tion under the new Department of to drop the executive-branch changes if Con- tember 11 and the recommendations of Homeland Security, which I think gar- gress was not going to reform itself. ‘‘These the 9/11 Commission. nered 22 of my colleagues’ votes, along are secret agencies,’’ he explains. ‘‘Unless

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10784 CONGRESSIONAL RECORD — SENATE October 8, 2004 you put in place strong oversight, it isn’t grousing from 10 different committees I talked to a Member of the Senate going to work.’’ saying we gave them too much. You today, and he said: Today was a big Because the real power lies with the cannot have it both ways. change in my life. I said: What? And he appropriations, the intelligence agen- Now, I know there is some dis- said—I am not going to embarrass him cies know they can safely ignore pres- appointment on the part of the Senator and use his name; this happened at sure from the Intelligence Committee. from Maine, and I have heard very lit- lunchtime—he said: I have been using Indeed, major contractors that do busi- tle from the Senator from Connecticut. the House gymnasium for 22 years. He ness with the intelligence community, I know he has been away for religious said: I switched; today I started using such as Lockheed Martin, Boeing, and observances, but I have kept in close the Senate gym. He said: You have no TRW, are said to spend little time lob- contact with him. I think he realizes idea how hard that was for me to do be- bying the intelligence panels because the glass is not half empty, it is half cause even though I am a Senator now, they know the appropriators have the full. I have used that gym for 22 years. power of the purse. CIA Directors rec- This committee is a good committee. People hate change. They fight ognize the same reality. They can ig- It is going to be one of the most signifi- change. And I have to say, I have never nore the intelligence committees as cant committees in this Congress. It is changed; I still use the House gym. long as they keep stroking the appro- going to increase the brawn and muscle So I am sorry, because I have talked priators. of the Government Operations Com- to her personally, and I am sorry the We will have a status quo Intel- mittee tenfold. We took jurisdiction Senator from Maine is disappointed in ligence Committee without combined from 10 standing committees and gave the jurisdiction she has. I am sorry we authorization and appropriations things to the new committee. could not give her more jurisdiction. power, a committee that handles only Now, as an example, let’s just take But, believe me, she will do a good job, a tiny fraction of homeland security my committee. I have been chairman because there is so much to do. I have issues, and we will be right back where on two separate occasions of the Envi- worked here with a lot of different Sen- we started. So let’s be honest with our- ronment and Public Works Committee. ators in the years I have been in the selves and with the American people. We have wide-ranging responsibilities Senate, and I have found very few peo- We aren’t changing things here. We in that committee. But one thing we ple as competent and as resourceful have decided that the status quo is have that is most important is the Fed- and who work as hard as the Senator good enough, and we are sticking with eral Emergency Management Agency. I from Maine. I know when she gets this it. have spent a lot of time on that com- committee, even though she feels I yield the floor. mittee. slighted that she did not get more, she When I served in the House of Rep- The PRESIDING OFFICER. The as- will have her hands full doing what she resentatives, Congressman Al Gore was sistant Democratic leader. will be doing very competently. Mr. REID. Mr. President, no matter chairman of a committee called Inves- So the main point I want to make tigations and Oversight, and we spent how many times you say something here, for the fourth time—and I am not weeks doing investigations regarding that is not true, it does not make it going to apologize to anyone for the FEMA. I know a little bit about it. It true. I am not going to belabor the work I did on this. Not to anyone. I is a very powerful institution. The new point other than to say we have spent worked hard. It was hard to get where government operations/expanded home- a lot of time doing what the 9/11 Com- we are. And I repeat, if people think we land security has complete jurisdiction mission recommended. Did we do ev- did nothing, why have I been berated over that, except for flood control. erything they asked? No, we did not. the last few days about: How could you Flood control has always been with the Did we do 90 percent of what they do this? How could you take this from Banking Committee. It took all day asked? The answer is yes, as I ex- me? And I used, every time, the exam- yesterday to work something out so plained on the floor on more than one that the new Government Operations ple of FEMA. FEMA is no insignificant occasion with the charts where we Committee could still have that. matter. We took significant matters checked off what they asked for and we So, Mr. President, when we complete from 10 standing committees and have did. Again, I repeat, it does not matter our work on this—and we are going to given them to the new government op- how many times you say something complete it pretty soon—people will be erations, expanded homeland security that is not true, it does not make it striving to get on the committee that committee. true. will be chaired, at least for the next I am going to continue to support the Now, people can minimize all they legislation. I have kept the 9/11 Com- couple of months, by Chairman COL- want. The committee on homeland se- LINS; after that maybe Senator LIEBER- mission advised. This is not an end run curity will be created as soon as we MAN. we have done on the 9/11 Commission. complete this cloture fiasco we are now But the point I want to make is I Oh, isn’t it surprising? Why didn’t REID involved in. As I read on the floor here know people have been putting in the keep us informed? REID kept them in- yesterday evening for half an hour, mind of the distinguished Senator from formed. only getting into two directorates, the Maine that she got nothing. Isn’t it Now, I wrote a book, published a his- homeland security committee that will terrible what they did to you? The fact tory book, and people criticized my be formed could hold hearings every of the matter is, I read only partially book. They can if they want. I defend day next year and still not complete all here on the Senate floor last night the what is in my book, and they defend the policy decisions that are made re- responsibilities of this new committee. what is in their report. The 9/11 Com- garding terrorism in this country. Yes, The responsibilities are terribly sig- mission—I have said on this floor, not they may not have all the employees, nificant. on one occasion, not on two occasions, but they have the policy that is impor- We still have work to do on this reso- I cannot count how many occasions I tant to make our country safer. lution. I am disappointed that it has have complimented my friend, Con- We start out with the basic Govern- not been completed. I want the record gressman Lee Hamilton, and Governor ment Operations Committee, and we do to be spread with the fact that Senator Kean. I know Lee Hamilton very well. not change that one iota, and we add to MCCONNELL and I did not do a perfect I have known him for 22 years. I do not that four directorates. For three they job, but we did the best job we could know Governor Kean very well, but I have total 100 percent responsibility, do, and we have worked for weeks try- surely like him. I know how competent and for the fourth one they have par- ing to do something that was very hard he is. I know Roemer, who served tial responsibility. to do; that is, change what this body there; Slade Gorton, an outstanding I repeat for the third time today, no does. Senator whom I served with; Bob matter how many times you say some- Everyone hates change, as when I Kerrey, one of my good friends, whom thing that is untrue, it does not make started my remarks, whether it is a I think the world of. They did a won- it true. You cannot have it both ways. change in your family relationship, as derful job. We have people telling us that we may I explained when my daughter left to We have given the 9/11 Commission establish nothing out of this com- go to college, or whether it is a com- and the people of America, as I said, mittee, but yet we have people here mittee you feel strongly about. most everything the 9/11 Commission

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2004 CONGRESSIONAL RECORD — SENATE S10785 recommended. The 9/11 Commission, by mine the risks posed by particular entities with such responsibilities to the way, did not tell us how to reorga- types of terrorist attacks within the assist in the deterrence, prevention, nize the Senate. What we are doing United States, including assessment of preemption of, or response to terrorist here does not take the President to the probability of success of such at- acts against the United States. sign off on. We do this on our own. This tacks and the feasibility and potential I think that is a pretty heavy respon- is what we are doing. This is one of the efficacy of various countermeasures to sibility. To say this is nothing, you most significant changes in the history such attacks. haven’t given us anything. of this Congress. I say through the Chair to my friend No. 10, to consult with the Director Now, people say: Well, big deal; it is from Maine, if you spent 6 months of of the Central Intelligence Agency— not a very big change. I think it is a the next congressional session having right now we still have a CIA Direc- significant change. Remember, we got congressional hearings on this, you tor—and other appropriate intel- rid of a subcommittee on Appropria- would have your plate completely full ligence, law enforcement, or other ele- tions. We created a new subcommittee. just on this. But we didn’t stop there. ments of the Federal Government to We gave a lot of muscle to the new In- I have gone through two of the obliga- establish collection priorities and telligence Committee. tions, responsibilities they have. But strategies for information relating to I checked off here yesterday all the there are 17 more, such as: To integrate threats of terrorism against the United things we gave to the new Intelligence relevant information—I am skipping a States; to consult with State and local Committee. We got rid of term limits, little bit—analyses, and vulnerability governments and private sector enti- which they complained about for so assessments in order to identify prior- ties to ensure appropriate exchanges of long, increased staffing and made it bi- ities for protective and support meas- information, including law-enforce- partisan, so now it is not divided 3 to ures by the Department, other agencies ment-related information; to ensure the minority and 23—I don’t know the of the Federal Government, State and that any material received pursuant to exact number, but about that—33 to local government agencies; to ensure this act is protected from unauthorized the majority. It is now divided 60/40. the timely and efficient access by the disclosure; to ensure that any intel- That is the way it should be. Department to all information nec- ligence information is shared, retained, Congress should create a single, principal essary to discharge the responsibilities. and disseminated consistent with the point of oversight and review for homeland No. 5, to develop a comprehensive na- authority of the Director of the CIA. security. Congressional leaders are best able tional plan for securing the key re- So for someone to say: What is this? to judge what committee should have juris- sources and critical infrastructure of You wasted all of our time here. We diction over this department and its duties. the United States, including power pro- should not have done anything. It is an This is not something I dreamed up. duction, generation, and distribution insult. I told people this is, if not the This comes directly from the 9/11 Com- systems, information technology, tele- hardest thing I have ever done, one of mission. Page 421 of the 9/11 Commis- communications systems, including the hardest in all the time I have been sion, what did they say? They said: satellites, electronic, financial, prop- in Congress. For someone to stand and Congressional leaders are best able to erty record storage, transmission sys- say, You didn’t do anything, what I judge what committee should have jurisdic- tems, emergency preparedness commu- would suggest to the Senator from tion over this department and its duties. nications systems, and the physical Maine, if she doesn’t like this com- We did that. Now, is it in keeping and technological aspects that support mittee, turn it over to somebody else. with what my friend for 22 years, Sen- such systems. I will bet a lot of people would like it. ator MCCAIN, thinks we should do? No. I say, these responsibilities may not The ranking member right under her, I He thinks we should do things dif- be very glamorous. You may not be bet they would love to have this com- ferently. But we made decisions he calling people in that are part of the mittee. does not agree with. That does not 41,000 Transportation Security Admin- To request additional information mean we are all right, but that does istration, but it sure is important to from other agencies of the Federal not mean he is all right either. I mean, my family and the people of the State Government, State and local govern- he is all right—not right on this issue. of Nevada that we do some good work ment agencies, and the private sector So we did as the 9/11 Commission said to find out about a national plan for se- relating to threats of terrorism against we should do. curing our electricity, our satellites, the United States; to establish and uti- Again, it is not as if we were doing our electronic and financial records lize, in conjunction with the chief in- something that was significantly more storage and transmission systems. formation officer of the Department, a important anyway. But I read yester- That requires some congressional hear- secure communication and information day all the many responsibilities that ings. technology infrastructure, including this committee has. I want to find this If somebody is chairman of that com- data mining, and other advanced ana- again. I am turning to my loyal staff mittee and ranking member or a mem- lytical tools, in order to access, re- here. This is directorate No. 1. The re- ber of the committee, I think that is ceive, and analyze data and informa- sponsibilities are very significant. And something they should focus on, at tion. for someone to say this is not impor- least for a little while. Again, there are not a lot of employ- tant, I defy reason to say this is not No. 6, to recommend measures nec- ees involved in this, but if we depended important. essary to protect key resources and on that—I don’t know the number of This committee has jurisdiction over critical infrastructure of the United employees we have in the Federal Gov- this: To access, receive, and analyze States, in coordination with other ernment; it is over 2 million, millions law enforcement information, intel- agencies of the Federal Government. anyway—how many employees were in- ligence information, and other infor- No. 7, to administer the homeland se- volved, you would just ignore the FBI. mation from agencies of the Federal curity advisory system, including exer- There are only 11,000, only 11,000 out of Government—and it always says cising primary responsibility for public approximately 2 million. I don’t know ‘‘State and local’’—to integrate such advisories related to threats to home- that exact number, a very tiny per- information in order to, A, identify and land security; to review, analyze, and centage of what the FBI makes up of assess the nature and scope of terrorist make recommendations for improve- the overall workforce, but it is still threats to the homeland; B, detect and ments in the policies and procedures real important. identify threats of terrorism against governing the sharing of law enforce- What I am talking about is, that is the United States; and, C, understand ment information, intelligence infor- going to be the responsibility of this such threats in light of actual and po- mation, intelligence-related informa- committee, and it is also important. tential vulnerabilities of the homeland. tion, other information related to I am still only through No. 13. We No. 2, to carry out comprehensive as- homeland security. have six more to go in the first direc- sessments of the vulnerabilities of key No. 9, to disseminate information torate. I have three more directorates resources and critical infrastructure of analyzed by the Department to Home- to go through to show what this new the United States, including the per- land Security, agencies of State and committee that a small minority here formance of risk assessments to deter- local governments, and private sector think doesn’t amount to much, I am

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10786 CONGRESSIONAL RECORD — SENATE October 8, 2004 saying it amounts to plenty. If this We also have another directorate, were being thrown down the river path committee does its job—and I say with- and I will only cover a couple because like toothpicks. By the time I got to out any hesitation that I know that there are four. The fourth one doesn’t northern Nevada, coming in a different Senator LIEBERMAN and the distin- have total coverage over that. That is airport because the regular airport was guished Senator from Maine will do a the one where immigration—they only closed, FEMA had already set up oper- good job—they will have a lot to do. have part of that—relating to security. ations and started life-sustaining oper- They make sure to listen in one ear The Judiciary Committee has juris- ations, feeding people. They had al- about all they don’t have to do, but diction over immigration as it relates ready set up locations for businesses let’s also listen with the other ear to policy matters, as I understand it. that had been devastated to come and about all they have to do. Some people They have security matters. I may not make their claims. like to denigrate anything we try to do have defined it as policy, but they If we did nothing else other than about this institution. Some like to don’t have 100 percent of the other di- transfer FEMA from the Environment tear it down. rectorate. and Public Works to the new homeland No. 15, to ensure, in conjunction with One of the directorates they have is security committee, that is a tremen- the chief information officer of the De- emergency preparedness and response. dous new responsibility for that com- partment, that any information data- I already talked about FEMA being mittee—in addition to the page after bases and analytical tools developed or part of their responsibility—and a big page of other stuff I read that is their utilized by the Department are com- responsibility FEMA is, Mr. President. responsibility. It is one of the most important agen- patible with one another and with rel- For the fifth time, people can come cies we have in the Federal Govern- evant information databases of other on this floor and keep saying what we ment today. As we speak, they are agencies of the Federal Government; B, have done is inconsequential and doing gallant work in Florida, Ala- treat the information in such data- doesn’t mean anything, but saying that bama, and Georgia as a result of the bases in a manner that complies with doesn’t mean it is true. I want every- hurricanes. We lend that agency to for- applicable Federal laws on privacy. body within the sound of my voice to eign countries because they are the That is one of the biggest issues. I understand some of the things we have best in the world when there is an did a poll in Nevada a few years ago, transferred to this committee. Remem- emergency. I have learned over the and my staff, when they came to me, ber, this was already an A committee. years that the most important thing was stunned. In Nevada, the most im- It had lots of work to do. That is why they work on is water-related emer- portant issue was not health care, it some people around here are saying, gencies across the country, with flood- was not education, not the environ- What are people complaining about? It ing and those kinds of things. Floods ment, not jobs—it was privacy. People is already an A committee. They are are caused by lots of different things. in America are extremely concerned getting a lot of stuff to do, other re- So what does the FEMA have to do? about privacy. We have all these elec- sponsibilities from 10 different commit- They do this: tronic tools to do all kinds of things. tees. What more do they want? And we want to make sure people’s pri- All functions and authorities prescribed by the Robert T. Stafford Dis- Well, I guess they want more. I say vacy is protected. One of the obliga- the glass should be half full, not half tions of this committee is to see what aster Relief and Emergency Assistant Act, which is carrying out its mission empty. It may not be perfect, but it is can be done, with all the electronic ap- certainly pretty good. paratus we have for collecting intel- to reduce the loss of life and property We have to complete this legislation. ligence and protecting the homeland, and protect the Nation from all haz- There are six amendments, a couple that it doesn’t interfere with my fam- ards by leading and supporting the Na- maybe we can work out. Some of them ily’s privacy. That is a responsibility tion in a comprehensive, risk-based probably we will not be able to work this committee will have when we com- emergency management program—A, out, and a couple will be withdrawn. plete it. of mitigation, by taking sustained ac- No. 16, to coordinate training and tions to reduce or eliminate long-term We are close to being able to finish. As other support to the elements and per- risk to people and property from haz- I understand the parliamentary aspect, sonnel of the Department. ards and their effects; B, of planning first of all, sometime tomorrow, if all No. 17, to coordinate elements in the for building the emergency manage- time is used, we will vote on the intelligence community with Federal, ment profession to prepare effectively amendment now before the body. After State, and local law enforcement agen- for, mitigate against, respond to, and having completed these amendments, cies and the private sector, as appro- recover from any hazard; of response, then we will vote on the underlying priate; to provide intelligence and in- by conducting emergency operations to resolution—invoke cloture on that and, formation analysis, and support to save lives and property through posi- of course, there are 30 hours to run on other elements of the Department. tioning emergency equipment and sup- that. When that is completed, this will And who does this cover? Who does plies, through evacuating potential be done. this committee look to, to gather in- victims, through providing food, water, The Senate, without having to go to formation? One of their defined legisla- shelter, and medical care to those in the House of Representatives or the tive responsibilities—it is in this need, and through restoring critical President, will have made one of the RECORD right now, we are making leg- public services; of recovery, by rebuild- largest changes in the history of this islative history with the jurisdiction of ing communities so individuals, busi- body by reorganizing the legislative this committee, but this is also in the nesses, and governments can function branch of Government. So, again, we underlying amendment that is now be- on their own, return to normal life, and transferred matters from Agriculture, fore this body, covered agencies: The protect against future hazards. Armed Services, Commerce, Energy Department of State, the Central Intel- Mr. President, I first became aware and Natural Resources, Environment ligence Agency, the Federal Bureau of of the work that FEMA does when we and Public Works, Finance, Foreign Investigation, the National Security had a disastrous flood in northern Ne- Relations, and Judiciary, so I think we Agency, the National Imagery and vada. We don’t get much rain in Ne- have done a good job. Mapping Agency, the Defense Intel- vada, but we had a lot of snow in the I am disappointed that my friend ligence Agency, and any other agency Sierra Nevada Mountains. We had early from Maine is apparently disappointed of the Federal Government that the rain. That water came down without in thinking she is not going to have President considers appropriate. warning. And as I traveled to enough to do. I want her to know that This is the legislative history that Gardnerville and Minden in Douglas the distinguished Senator from Ken- we are making to establish what this County, one of my friends there, a tucky and I did the best we could. Re- committee has to do. For someone to farmer who had lived there for a long member, this is not a dictatorship we say their dealing with the CIA, FBI, time, said: Look out here. A little river have here, it is a legislative body. We NSA, and the DIA is not important, that a child could walk across most of cannot just suddenly decide what we well, that is too bad because it is im- the time was like a raging river. Cot- want and it happens. It is a process portant. tonwood trees that were 100 years old that I talked about last night.

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2004 CONGRESSIONAL RECORD — SENATE S10787 Legislation is the art of compromise. My point being, the Government Op- We know that between the House and That is why you don’t see much reorga- erations Committee has always been a the Senate, the Department has to re- nization in the legislative branch of good committee, but it is going to be a port to some 88 committees and sub- Government, because it is hard to do. really good committee now. I think it committees. Here in the Senate, I As the President said in the last de- will be on the par of Armed Services. I think it is around 26 committees and bate: This is hard work. It is hard work think it will be on the par with any subcommittees. We reduced those by what we have done. committee we have. I will sleep well maybe one or two. We still have the Again, I am disappointed that she is knowing that my friend, the distin- Judiciary Committee with significant disappointed because I have the highest guished Senator from Connecticut, Mr. jurisdiction. We still have the Com- respect for her. I want her to know LIEBERMAN, and my friend, the distin- merce Committee with jurisdiction that I have only touched, this after- guished Senator from Maine, Ms. COL- over the two largest agencies within noon, on a very few things that she has LINS, will be the two leading that com- the Department of Homeland Secu- to do. There are so many other things mittee. I know they have the ability to rity—the Transportation Security that this committee has. As I said, in do a good job in meeting all the respon- Agency and the Coast Guard. You can years to come, what we have done this sibilities this new committee has, in- make a case that the Coast Guard has afternoon and what we will do on this cluding all the responsibilities they a lot of nonhomeland security func- legislation will be laid out before the had to start with. tions, but certainly the homeland secu- Senate, so it will be easy for referrals The PRESIDING OFFICER (Mr. FITZ- rity functions of the Coast Guard and other things this committee will GERALD). The Senator from Maine. should have been transferred to the do. Ms. COLLINS. Mr. President, as I new committee. And certainly the This is one of the directorates, emer- was listening to the Senator from Ne- TSA, the largest agency within the De- gency preparedness and response: vada, it brought back memories of the partment of Homeland Security with The Secretary, acting through the night when he started reading from a 51,000 employees, should have been Under Secretary for Emergency Pre- book he wrote. I think it was about, if transferred. paredness and Response shall include: I remember correctly, Searchlight, NV. Under the proposal of the Senator Helping to ensure the effectiveness of I was listening that evening to him, from Nevada and the Senator from emergency response providers to ter- and much to my surprise, I actually Kentucky, certain responsibilities were rorist attacks, major disasters, and got caught up in the story of Search- transferred from the Judiciary Com- other emergencies; coordinating other light, NV. It was delightfully told, and mittee, but those have been reversed in Federal response resources in the event although the Senator was clearly kill- the course of this debate. In fact, the of a terrorist attack or major disaster; ing time that evening, I learned a lot first amendment on the floor had to do aiding the recovery from terrorist at- about his upbringing and his talent in with a Customs responsibility that had tacks and major disasters; building a telling a story. been transferred, and before either the comprehensive national incident man- This afternoon, I feel we have once Senator from Maine or the Senator agement system with Federal, State, again seen his talent in telling a story. from Connecticut were even given the and local government personnel, agen- I think it is unfortunate that the Sen- courtesy of a phone call about that cies, and authorities, to respond to ator from Nevada is personalizing this amendment, it was adopted by the such attacks and disasters; consoli- debate. This debate has nothing to do managers of the bill. They imme- dating existing Federal Government with the Senator from Maine. The au- diately transferred away from the new emergency response plans into a single, thority over homeland security could committee some jurisdiction. Then coordinated national response plan; have been given to a brandnew com- they went on to suggest the adoption of and finally, developing comprehensive mittee or some other committee. other amendments as well. programs for developing interoperative What is important to me is that we My point is this: This jurisdiction communications technology and help- try to address the recommendation does not have to come to Govern- ing to ensure that emergency response made by the 9/11 Commission. I want to mental Affairs, but what it should go providers acquire such technology. So read that recommendation because it is to is a single committee. We should not please do not tell me this committee very clear, it is very straightforward. pretend we are fulfilling the rec- does not have a lot to do. This com- It says: ommendation of the 9/11 Commission— mittee will be one of the most impor- Congress should create a single, principal the very specific recommendation of tant committees there is. point of oversight and review for homeland the 9/11 Commission—that Congress I say, in closing, to my friend from security. should vest this responsibility in a sin- Maine, when I first came to the Senate, It goes on to say: gle committee because we have not I received a phone call from Howard Congress does have the obligation to come close to that. Metzenbaum. Howard Metzenbaum choose one in the House and one in the Sen- That is the issue. The issue is not said: We finished—I think it is called ate. . . . whether Governmental Affairs is the the Steering Committee—and you are It certainly says the congressional right committee. The issue is not going to the Appropriations Com- leaders are best able to judge which whether Governmental Affairs has mittee. I was so excited about that. He committee should have jurisdiction other jurisdiction. The issue is, are we said: You have a choice of two other over this Department and its duties, going to try to follow the recommenda- committees you can go on—either En- but it makes very clear that it should tion—the very strong recommenda- vironment and Public Works or Gov- be a single committee, and we have not tion—of the 9/11 Commission to con- ernment Operations. come close to doing this. solidate oversight of the Department I said: Senator Metzenbaum, I am so I admire the Senator from Nevada. within one congressional committee. thrilled about being able to be on Ap- He was extremely helpful to me when I Are we going to follow the advice—no, propriations. You decide which one I was managing the intelligence reform the plea—of Secretary Tom Ridge that should go on. bill over 10 days’ time. I looked to him we consolidate jurisdiction so he and He said: It does not matter. They are often for advice. I admire his experi- his top officials do not have to be con- both great committees. ence and his knowledge, but the rec- stantly racing up to the Hill to testify He chose for me Environment and ommendation is very clear. It says ‘‘a rather than concentrating on the secu- Public Works. One reason he chose that single, principal point of oversight.’’ It rity of our country, because that is is because in those days—I don’t know says ‘‘choose one.’’ It does not say what this is about. if it is still the same way—a member of which one. It did not have to be Gov- This is not about turf battles—this the Government Operations Com- ernmental Affairs. It could have been a should not be about turf battles. This mittee, even though you were a new new committee. It could have been should not be about power plays. This member, you were entitled to a staff some other committee. But it says should not be about power grabs. It is person, someone assigned to you. They ‘‘choose one,’’ and we did not choose about how we can best improve con- figured they would give that plum to one. This plan does not even come close gressional oversight over a department someone else. to choosing one. that is critical to the security of this

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10788 CONGRESSIONAL RECORD — SENATE October 8, 2004 country, and that is the Department of 8 to 12 million undocumented foreign choose not to do, we will get a vote. Homeland Security. nationals in this country. That is what the AgJOBS is about. It The Senator from Nevada referred to We have seen this Congress, this Sen- means the reduction of illegal immi- the Senator from Connecticut. Perhaps ate, toil mightily over the last 2 weeks gration by a reasonable program that he missed some of the debate yester- to try to address the 9/11 Commission’s allows that kind of safe, productive, day. He is extremely attentive to the study and to reshape our intelligence economically beneficial movement in floor, but at times did step out. The community, to enhance our national our country. Senator from Connecticut could not security and homeland security. But Of the nearly 12 million undocu- have made clearer yesterday his dis- this Congress has left one part of that mented population, the vast majority appointment with this resolution, and effort unfinished. do not create or even pose any threat. he argued against the amendments This year, we have refused to address They are here, they are hard working, that even the modest transfers pro- one of the greatest problems in our they work 12 and 14 hours a day, and vided in the Reid-McConnell resolu- country, and that is an immigration they save their money, because they tion. policy that has resulted in 8 to 12 mil- want to feed their families, they want The staff of the Senator from Con- lion undocumented workers. a better life for their children, they necticut has told me they are certain For the last 5 years, I and others want the same opportunity that has al- the Senator from Connecticut would have tried to deal with one small as- ways beckoned hard working people to want me, since he is not able to be here pect of this issue, those foreign nation- America. Some of them would like to today, to make very clear to his col- als who come to our country in agri- be U.S. citizens; many would not. Many leagues in the Senate that he shares, culture. There are about 1.6 million in- want to go home to their families indeed he mirrors, my concerns. dividuals in our agricultural work across the border or overseas at the The Senator from Connecticut has force, and most of them are undocu- end of the work season. They are here worked very hard to make sure the mented. Yet they come here to work to better themselves and to better major recommendations of the 9/11 and harvest our fields and to process their families, something all Ameri- Commission are implemented, and that our foods, to allow this great agri- cans can understand. is not what we are doing here. culture of ours to be the most abun- By their presence, they better us. At best, we are taking a very modest dant in the world, and yet we will not They make our lives better, and in this step forward, but let’s not pretend that give them a reasonable and legal status issue with American agriculture, there we are in any way implementing the so they can continue to work, continue is no question, they help to produce the recommendations for a single congres- to return home across our borders with abundance on the supermarket shelves sional committee in the Senate to have a degree of fluidity, without fear to go and the family tables of America. jurisdiction over the Department of to their families. The current system When I said ‘‘serve notice,’’ here is Homeland Security. has effectively locked them inside this what I am serving: I will not give up on The PRESIDING OFFICER. The Sen- country, in the shadows. getting a vote on this bill and passing ator from Idaho. We have created for ourselves a mon- it. The bill is ready to move now. Its Mr. CRAIG. I ask unanimous consent strous problem, and the American pub- time has come. I have been trying to to speak as if in morning business for a lic knows it. It is all about homeland move it this year. If we don’t move it period of 5 minutes. security, and it is all about border se- this year, when we get back this next Mr. REID. No objection, as long as curity, and yet, oh, my goodness, we Congress, this bill will move. We will the time continues to be counted just could not get to it this year. vote on this issue. If not the old Con- against the 30 hours. I have worked for several years to gress, then the new Congress will face The PRESIDING OFFICER. Is there produce the AgJOBS legislation. It is this issue. They will face it in a variety objection? Without objection, it is so bipartisan. Senator TED KENNEDY is my of ways. ordered. primary cosponsor, and we have Some will say, let us do a large, all- UNANIMOUS CONSENT REQUEST—S. 2823 worked very hard to keep it bipartisan. inclusive immigration bill. Fine, while Mr. CRAIG. Mr. President, I ask The numbers on the same bill have the committees are spending the 10 or unanimous consent that the Senate grown rapidly in the House, because 12 months or 2 years to try to figure proceed to the immediate consider- this is an issue whose time has come that one out, we are going to vote on ation of Calendar No. 711, S. 2823. and yet somehow we just do not have this one because it is a small piece of a The PRESIDING OFFICER. Is there time to get to it. very large puzzle, but it is the right objection? So I thought it was important one piece. It will show we can coopera- (Several Senators addressed the more time, in the waning hours of the tively do what we ought to do in a fair Chair.) 108th Congress, to try to bring it to the and responsible way to create an Mr. REID. Mr. President, I object. floor and at least talk a little bit about earned status so these folks can work The PRESIDING OFFICER. The ob- it. When I risked bringing it to the here in a legal way and can move freely jection is heard. floor, my goodness, papers flew and back and forth across the borders, The Senator from Idaho. chairs tipped over as people rushed to dominantly between the United States Mr. CRAIG. Mr. President, you can the microphones to object. Is it a mat- and Mexico, but clearly with other see by my unanimous consent request ter of timing? Is it a matter of opposi- countries of the world, too. We want to the alarm I brought to the Senate floor tion to reform? Oh, no, it is a matter eliminate these human hazards of the just now. The reason that happened is of, gee, we just do not want to talk kind that have been created along the because I was attempting to bring to about this issue this year. Mexican-American border, where last the floor a very critical issue that this Let me serve notice to the Senate year more than 300 people died, many Congress and this Senate have refused right now—I do not oftentimes do of them in the deserts, in the hot sun, to address this year. It is a bill called this—but when there are more than 60 or being smuggled in the back of AgJOBS. It is a bill that has more than Members of this body who are ready to trucks, trying to get here to work, be- 60 Members of this body as cosponsors, debate an issue and vote on it, We will cause we have a program that does not and yet it is a bill that nobody wants get a vote. With a bipartisan coalition function. to talk about right now and nobody nationwide of more than 400 groups That is why I came to the floor, and wants to deal with in the final hours of that have come together, from the I am sorry if I caused undue alarm on this 108th Congress. American Farm Bureau to the United the part of some of my colleagues. I The reason I brought it up now, and Farm Workers, saying, for goodness’ was quite confident that at some point I worked it through the Rule XIV proc- sake, Government, get your act to- someone would object because some ess over the last several weeks, is be- gether, solve this problem, create a would argue this issue’s time has not cause when we talk about homeland se- program that moves us forward, that yet come. It will come. It may be Janu- curity, we are talking about border se- gives a legal status for people to work ary, February, or March of 2005, but it curity, we are talking immigration rein this country who do the kind of will be on this floor for a full, construc- form, we are talking about identifying work that many Americans would tive, and positive debate and a vote up

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2004 CONGRESSIONAL RECORD — SENATE S10789 or down, possibly with the opportunity However, more enforcement is only documented immigrants. Growers need for some amendments, because this is part of the answer. a reliable and legal workforce. Workers legislation that now demands our con- This is demonstrated by the fact need legal status to improve their sideration. that, despite more enforcement, over wages and working conditions. Every- Americans want our borders con- the last decade, the undocumented pop- one is harmed when crops rot in the trolled. They want undocumented for- ulation has more than doubled. field because of the lack of an adequate eign nationals identified in our coun- The self-described ‘‘experts’’ who say, labor force. try. This is a small step in the right di- ‘‘Just round them up and deport The AgJOBS bill provides a fair and rection of that effort to accomplish them,’’ are only proposing an excuse, reasonable process for these agricul- that goal. not a solution, while the situation just tural workers to earn legal status. It Amnesty is not the solution. It has gets worse. That is the cruelest am- reforms the current visa program, so been tried before and it has failed. nesty of all. that employers unable to obtain Amer- The current system has not worked Instead, we must manage our borders ican workers can hire the foreign work- either, and opposition to amnesty and our immigration system better. ers they need. should not be an excuse for tolerating AgJOBS is a critical part of doing Undocumented farm workers are eas- a dysfunctional status quo. just that—managing our borders better ily and unfairly exploited by unscrupu- AgJOBS avoids the problems and and improving our homeland security lous contractors and growers. Their il- limitations of past initiatives and by bringing hundreds of thousands of legal status deprives them of bar- other proposals. AgJOBS is the only individuals up out of the shadows and gaining power and depresses the wages proposal that addresses the problem for into a legal system. of all farm workers. Our bill provides both the short term and the long term. We can never neglect the humani- fair solutions for undocumented work- In the long term, when willing Amer- tarian side of this, as well, that we ers who have been toiling in our fields, ican workers can not be found to work should treat with dignity and humane- harvesting our fruits and vegetables. in our fields, that shortage would be ness those who labor to put the food on The bill is not an amnesty. To earn addressed through a reformed H–2A our families’ tables. the right to remain in this country, program. The current program is so Mr. President, I yield the floor. workers have to demonstrate past burdensome and costly that it now sup- Mr. KENNEDY. It is a privilege to work contributions to the U.S. econ- plies only about 2 percent of our farm join Senator CRAIG today in urging the omy, and also make a substantial fu- workers. It will take time to imple- Senate to pass this important jobs bill ture work commitment. These men and ment reforms that allow H–2A to meet for immigrants in agriculture. We have women will finally be able to come out our needs with legal guest workers. been struggling for decades to find a of the shadows, identify themselves, In the short run, while H–2A reforms solution to the heart-wrenching prob- and provide evidence that they have are being implemented, the earned ad- lems facing so many farm workers for worked in agriculture, so that they can justment program in AgJOBS would so long. continue to work hard and play by the stabilize our current agricultural work The Agricultural Jobs, Opportunity, rules. force. Trusted, proven workers who Benefits, and Security Act—AgJOBS— Hard-working migrant farm workers have already been working here in 2003 is an opportunity to correct these long- are essential to American agriculture. and 2002 and before would be allowed to festering problems. In a landmark We need an honest agriculture policy stay and continue to work. agreement, both the United Farm that recognizes the contributions of A reformed H–2A program, made Workers and the agricultural industry these workers and respects and rewards workable with the red tape cut out, support this solution. It gives farm their work. would meet future work force needs workers and their families the dignity The legislation will also modify the and mean the earned adjustment pro- and opportunity they deserve, and it current temporary foreign agricultural gram would not have to be repeated. gives farm owners a legal workforce. worker program, and it does so in a A realistic, workable guest worker The bill is a compromise, and it has way that preserves and enhances key program actually would reduce illegal 63 Senate sponsors, with almost equal labor protections. It strikes a fair bal- immigration. numbers of Democrats and Repub- ance. It also benefits employers, by The last time the United States had licans. More than 400 organizations streamlining the visa application proc- a substantial agricultural guest worker across the country support it. They in- ess and reducing paperwork for em- program, apprehensions of undocu- clude advocates for farm workers, such ployers. mented workers actually plummeted, as the United Farm Workers, the Farm This legislation will also unify fami- from almost 900,000 in 1953 to a low of Labor Organizing Community, and the lies. When temporary residence is 45,336 in 1959. Farm Worker Justice Fund. They in- granted, a farm worker’s spouse and Whatever other aspects of this so- clude business groups such as the U.S. minor children will be allowed to re- called ‘‘bracero’’ program were subject Chamber of Commerce, the National main legally in the United States, but to criticism, history proved that its Council of Agricultural Employers, the they will not be authorized to work. 500,000 farm workers entered our coun- American Nursery and Landscape Asso- When the worker becomes a permanent try legally, worked in jobs citizens did ciation, and the American Farm Bu- resident, the spouse and minor children not want, obeyed our laws, returned reau Federation. They include civil will also be granted that status. home at the end of the work season, rights groups such as the Leadership In the wake of the terrorist attacks and dramatically reduced the demand Conference on Civil Rights, Latino or- of September 11, we can no longer ac- for, and supply of, undocumented labor. Increased enforcement of our laws is ganizations such as the National Coun- cept policies that fail to protect our part of the solution, and we’ve made cil of LaRaza, the Mexican American borders. Congress has periodically in- progress. Legal Defense and Educational Fund, vested millions of dollars to increase In the last decade, we have tripled and the League of United Latin Amer- the number of immigration border pa- the number of agents enforcing border ican Citizens. trol agents, improve surveillance tech- and immigration laws. It is a bill whose time has come. In nology, and install other controls to Worker identification checks have fact, we should have passed it long be- strengthen border enforcement, espe- intensified. fore now, because the need is so great, cially along our southwest border. Yet, Apprehensions have skyrocketed and the current situation is so unten- almost everyone agrees that these above 900,000 a year and formal remov- able. For economic, security, and hu- steps have failed to stop illegal immi- als have increased sixfold. manitarian reasons, Congress ought to gration. The proof is in the numbers— High-tech initiatives are coming on- complete action on this legislation be- several hundred thousand people a year line. fore we adjourn for the year. continue to enter the United States il- We are poised to take up the FY 2005 The AgJOBS bill is good for both legally, and a significant part of the Homeland Security Appropriations business and labor. The Nation can no workforce in many sectors of the econ- bill, which again increases resources in longer ignore the fact that more than omy, especially agriculture, is undocu- this area. half of our agricultural workers are un- mented.

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10790 CONGRESSIONAL RECORD — SENATE October 8, 2004 One major unintended effect of our way that not only improves the lives and contracts to secure the support of border enforcement strategy has been and working conditions of all farm countries to lift U.N. sanctions on Iraq to shift illegal border crossings to the workers, but also enhances the secu- and oppose American initiatives in the harsh desert and mountain terrains rity of our Nation. I urge my col- Security Council. And this might be along the border, causing significant leagues to approve this legislation, and the most important point I make increases in deaths. According to the I look forward to its enactment into today—an Iraqi Intelligence report in- U.S. Border Patrol, since 1998 nearly law as soon as possible. dicated that one nation—France—was 2000 people have died attempting to The PRESIDING OFFICER. The Sen- bribe to use its veto in the U.N. Secu- make the difficult journey across that ator from Nevada. rity Council againts any effort to use border. Desperate migrants are being Mr. REID. Will the Senator yield for armed forces in Iraq, and France later drawn into criminal smuggling syn- a unanimous consent request? threatened to do just that. dicates, which increase the danger of Mr. ENSIGN. Yes. France was not the only culprit in violence to border patrol officers, bor- The PRESIDING OFFICER. The sen- corruption. France was joined by Rus- der communities, and the workers ior Senator from Nevada. sia and China—also permanent mem- Mr. REID. Mr. President, the Senator themselves. As Stephen Flynn, an ex- bers of the U.N. Security Council—as from Nevada wishes to speak; also the pert on terrorism, noted at a recent the top three countries in which influ- Senator from Louisiana. Even though Congressional hearing, these ‘‘draco- ential individuals, companies or enti- there has not been a lot of order here nian measures’’ have produced chaos at ties received oil vouchers. According to today, I wonder if we could attempt, at our borders, which ‘‘makes it ideal for the report, Russia received 30 percent least for a short time—how much time exploitation by criminals and terror- of the vouchers, France 15 percent and does the Senator wish to speak? ists.’’ China 10 percent. The AgJOBS bill will make legality Mr. ENSIGN. I would like to speak for 10 minutes in morning business. The real ‘‘coalition of the bribed and the norm and reduce illegal immigra- coerced’’ is the three members of the tion. It provides reasonable rules that Mr. REID. The Senator from Nevada, 15 minutes in morning business. The U.N. Security Council that were are realistic and enforceable. It re- bought and sold by Saddam Hussein. places the chaotic, deadly, and illegal Senator from Louisiana, 15 minutes. So 15 minutes to the Senator from Ne- The three members of the Security flows at our borders with orderly, safe, Council that profited immensely as and legal avenues for these farm work- vada, Senator ENSIGN, followed by the Senator from Louisiana, 15 minutes, long as Saddam Hussen remained in ers and their families. A workable and power. legal program for foreign workers and then we would return to a quorum. The oil voucher system used by Sad- crossing our borders will strengthen Is that appropriate? I ask consent. Mr. HARKIN. Reserving the right to dam through the U.N. Oil-For-Food our security, substantially reduce object. program was clever in that the vouch- crime and enable immigration enforce- Mr. REID. It is 15, 15, go back to a ers were negotiable and could be resold ment authorities to focus their re- quorum. to oil companies or other buyers at sources on terrorists and criminals try- Mr. HARKIN. OK. profits of 10 to 35 cents per barrel. ing to enter the country illegally. We The PRESIDING OFFICER. Is there A voucher for 10 million barrels could need laws that recognize reality, so objection? generate between $1 million and $3.5 that legality is the rule, not the excep- Without objection, it is so ordered. million to the holder of those vouchers. tion. The Senator from Nevada. The report notes that Benon Sevan, In this post-9/11 world, we cannot af- Mr. ENSIGN. Mr. President, I thank the former top U.N. Official in charge ford to ignore the fact any longer that the senior Senator from Nevada for al- of the oil-for-food program was himself so much of today’s agricultural work- lowing us to cooperate to get some a recipent of Saddam’s scheme. The re- force is undocumented. The AgJOBS time to talk about a couple of issues port says that Mr. Sevan was allocated bill enhances our national security and that are related to what we are talking 13 million barrels of oil, of which 7.3 makes out communities safer. It brings about today. undocumented farm workers and their I want to talk about the Duelfer re- million were cashed in. There is also families out of the shadows and makes port that has been reported widely in information about how Saddam’s illicit it possible for them to pass thorough the papers are in our national news in oil profits were used to rearm Iraq. The security checks. It shrinks the pool of the last several days. report details how Saddam’s deals with law enforcement targets and enables The Duelfer report proves one thing— Chinese companies helped Iraq improve law enforcement officers to give pri- Senator KERRY was right about the co- its missile capabilities. Russian compa- ority to terrorists and criminals. It alition of the bribed and coerced. They nies provided barrels for antiaircraft will make our communities safer, be- were the countries that opposed the guns, missile components, and missile- cause once immigrants become legal, war in Iraq. They were the corrupt guidance electronics. French military they will no longer fear deportation if members of the U.N. Security Council contractors offered to supply Saddam they report crimes to law enforcement who were brought off by Saddam Hus- Hussein with helicopters, spare parts officers. sein. for fighter aircraft and air defense sys- Reducing the size of the undocu- Back in June, when I introduced the tems. On the WMD front, Duelfer re- mented population also reduces the Oil-For-Food Accountability Act, I ports that using the Oil-for-Food pro- ability of suspected terrorists to hide. stated that I believed Saddam Hussein, gram, Saddam Hussein was making a The half million or more undocu- corrupt U.N. officials, and corrupt well- point of procuring the resources and es- mented farm workers eligible for this connected countries were the real bene- tablishing the networks to start a mas- program will undergo rigorous security factors of the Oil-for-Food program. I sive effort to produce chemical-weap- checks when they apply for legal sta- noted there was evidence that they ons production just months after sanc- tus. Future temporary workers will be profited from illegal oil shipments, fi- tions were lifted. carefully screened to meet security nancial transactions, kickbacks, and With Saddam’s coalition of the concerns. Law enforcement resources surcharges that allowed Saddam Hus- bribed and coerced in place as three of will be more effectively focused on the sein to build up his armed forces and the five permanent members of the UN highest risks. live in the lap of luxury. Security Council, no amount of coali- Opponents of this legislation offer no The just-released 1,200-page CIA re- tion-building by an American president workable solutions to the serious prob- port confirms those allegations and de- was going to preserve the sanctions on lems of current law. Yet they have tails even more. The report states that Saddam Hussein. No amount of diplo- blocked our efforts for a genuine de- some $10.9 billion, that’s billion with a macy was going to get those countries bate on the issue. We cannot be com- ‘‘B’’, was secretly skimmed from the to enforce Security Council resolutions placent any longer. I urge my col- U.N. oil-for-food program for Saddam by force. They were permanent mem- leagues to support this needed legisla- to use as he pleased. bers on Saddam’s payroll. The CIA re- tion. It is long past time to end these The report outlines how Saddam Hus- port notes that Saddam had succeeded: dangerous conditions, and to do it in a sein used lavish gifts of oil vouchers to the point where sitting members of

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2004 CONGRESSIONAL RECORD — SENATE S10791 the Security Council were actively vio- Jersey, New York, Pennsylvania, right and they pick up their paychecks from lating resolutions passed by the Secu- here in Washington, DC, and Virginia the Army, Air Force, or the Navy, they rity Council. respond to some very tough casualties get a substantial cut in pay. Some of So when I hear talk about some kind that this country experienced, some of the employers are making them whole of a global test, or the need for UN Se- us began to think: What could we do in and doing the right thing, the patriotic curity Council approval for the use of this tax bill to honor the men and thing. We thought surely in this tax force this Senator turns away in dis- women who are on the front lines? bill we could give a tax credit to those gust because, with the release of the Not being on the Finance Committee, small businesses because times are not Duelfer report, we have names, dates, I wasn’t aware of all the specific as- good everywhere in some States and and amounts of bribes to prove that pects, but I knew there would be maybe communities. Really, the whole econ- our critics, including the UN, do not hundreds or thousands of entities, cor- omy is weaker than we had expected have the moral authority to judge our porations, big and small, groups that and these small businesses are strug- actions. They are not motivated by se- thought they were entitled to some gling. curity interests, humanitarian needs or sort of tax break. But I don’t know why Chairman any other noble cause. They are moti- For the life of me, I didn’t think we THOMAS from California who wrote the vated by greed. America’s freedom to would have any trouble at all when a bill, and the House leadership of Con- use force wisely and justly is truly the group of us got together—Senator gressman DELAY and Speaker world’s best hope for peace and secu- BOXER being one, Senator MIKULSKI, HASTERT, couldn’t find one page or rity. God bless President George W. Senator MURRAY, Senator DASCHLE, paragraph to include them. So they Bush for having the courage to stand Senator REID, Senator BOND, the Sen- were left out. They weren’t in the top by his convictions. ator from South Carolina, LINDSEY of the list, they weren’t in the middle He is doing his job. It is time, now, GRAHAM, and many others—and of the list, and they were not at the for the U.S. Senate to follow the 9/11 thought, having been to a lot of pa- bottom of the list. They are not on the Commission’s recommendations. rades and flag-waving ceremonies for list. I yield the floor. our troops, maybe there would be a We stand here and talk all weekend The PRESIDING OFFICER. The Sen- way we could help them in this tax bill. about our intelligence reorganization ator from Louisiana. I know it is not the focus, but we fig- to secure ourselves. We talk about Ms. LANDRIEU. Mr. President, I ured—or I thought—there would be lots spending and the investment in our de- think under the unanimous consent of other people who were trying to get fense to secure ourselves. Let me just agreement that I am entitled to speak in. So why don’t we try to get our ask anyone who would want to come to for the next 15 minutes. troops in? The good part of this story is this floor, or Chairman THOMAS, if he is The PRESIDING OFFICER. The Sen- we did in the Senate, with the help of listening to me, what could we be thinking if we are not even keeping the ator is correct. Senator GRASSLEY, Senator BAUCUS, paychecks of the men and women on TAX RELIEF and many members on the Senate Fi- Ms. LANDRIEU. Mr. President, the nance Committee who worked long the front lines whole? No bonus, no Senator from Nevada makes some in- hours, many weeks, many months ne- extra, just keep their paycheck whole, teresting points. I will have more to gotiating a bill that would correct the just to keep their house payments up, just to keep the car notes for their say about that specific issue later, as original problem that the World Trade spouse who is at home so they can con- will other Senators from this side. But Organization had, and provide some tax tinue to work and transport the chil- I am glad that he brought up the point relief, according to their views and dren, just keep the children’s trust of greed because it is actually some- other people who wanted tax relief; we funds moving along so they don’t have thing that I am going to speak about put in a tax benefit of $2 billion for the to make that up when they come myself but as it relates to a different men and women who are actually on home—what could they be thinking? aspect, a different bill, and a different the front lines, the guardsmen and re- They weren’t thinking very well on the issue, but basically the same ‘‘sin,’’ if servists who have become a larger and House side. They took it out. you will. larger component of our fighting force, If we could afford $2.5 trillion in tax Unfortunately, it is not our allies who leave their regular jobs, leave cuts in 2001, I think we could at least who are committing this sin, it is us their families, and leave their regular allocate one-tenth of 1 percent to our right here. We are debating now, over civilian life, put on their uniforms and troops on the front lines who are pro- the course of the next several days, and go to the front lines. tecting us today. have actually been debating for 2 We know from reports which we have I want to say another thing to the years, a tax relief bill prompted by the read and from our own experience rep- businesses that are in this bill. I have World Trade Organization’s decision resenting our Guard and Reserve in our a lot of companies in Louisiana that that some of the things in our U.S. Tax own States that 40 percent of these are going to benefit from this bill. I Code were contrary to the free trade men and women take a cut in pay to go have not a word to say about that. I am principles that most of us—not all of us to the front lines. Not only do they happy they are in. I am sure they have but most of us—espouse. So that deci- take the bullet, not only do their good reasons. I am sure it is going to sion set in motion a very necessary ef- Humvees get blown up on patrols, but help create jobs. fort to address that decision by chang- they also take a cut in pay to go. But I have a word to say to the busi- ing some things in our Tax Code. Some of us had the notion that nesses in the United States of America. Of course, anytime you open up the maybe in this bill, whether it was No business would be here, no business Tax Code there are many people inter- going to be $350 billion or $75 billion or could operate, no business would have ested in changing the words, the let- $100 billion, now it is $137 billion—I international trade, no business would ters, the titles, the paragraphs, and the would like to show you what that looks have stockholders, no business would provisions. Sometimes a change in one like. This is only part of it. This is have a profit sheet, no businesspeople word could mean a $1 billion windfall what a bill looks like that has tax re- would be paying taxes on profits they for a particular company, or millions lief provisions of $137 billion. This is made if it were not for the men and of dollars of windfall for particular en- just part of it. I am going to get the women in uniform who go to the front tities. There is a lot of interest every rest of it because it is a lot of pages. lines every time we have a conflict, a time this body opens up a tax bill. Some of us had the foolish notion peacekeeping mission or a war to un- Two years ago when it came to the that maybe the Congress could find one dertake to protect their commercial attention of some of us that a tax bill page, one paragraph, one letter to in- interests. would be opened, and then as the 9/11 clude tax relief for American busi- I am confident that the tragedy happened and as we saw men nesses that are doing the right thing, businesspeople who are represented in and women from our States going to the patriotic thing, by filling the pay this bill know that. I know they are the front lines to fight in Afghanistan gap that these men and women are ex- not going to blame me for taking a few and Iraq, and as we watched some of periencing. When they leave their civil- days to talk about it. I know they will our health units, particularly in New ian life and they put the uniform on, say, Senator, you are right. We are

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10792 CONGRESSIONAL RECORD — SENATE October 8, 2004 grateful to the men and women in uni- hope to be on Defense Appropriations a lot of e-mails. I will come down here form. We are actually a little embar- where I can do more work along this until I hear from Chairman THOMAS. rassed because we are in the bill and line. I know one thing, last year the We are sending a letter to the Presi- they are not. It is not their fault. It is Guard and Reserve, despite the fact dent at 6 o’clock today. nobody’s fault. But the House leader- these are the most dedicated and patri- Let me say on the record I don’t ship who wrote the bill left them out. otic men and women—they will go the think the President of the United We have in this bill help for investors distance. They do not complain. They States knows they were left out. He who want to invest in a subway system do not even like to say what is wrong has a lot on his mind. I understand in Paris. I like NASCAR. Lots of people because they feel sacrifice is what they that. And I know this is only one of a in my State go to NASCAR races. We do. I understand that. They came 5,000 thousand things he has to consider, lit- have tax relief for NASCAR. We have people short of their retention goals. erally, weekly. But I am sending him a tax relief for ceiling fan importers with Could it possibly be because, although letter to let him know. I cannot amend Home Depot. I shop at Home Depot. I the soldiers do not mind making the this bill; it is beyond my power to like Home Depot. But we left out the sacrifice, they are getting belly sick of amend it. It is against the rules. But Guard and Reserve. their spouses and their wives and chil- the bill could be vetoed and this could I don’t know. I am just starting to dren making sacrifices more than the be included. Or the President could think that unless the cameras are on rest of us are making? Why can’t we send a message to his House leadership nobody remembers the truth. It is only sacrifice and help them? Why do they that says, you must have made a mis- the photo opportunities or the rallies have to continue to make the sacrifice? take; we should have included this. We or the parades that everybody goes to. When we have the opportunity, we say obviously could afford it and he could We wear the pins and the flags, but no. promise to fix it. when it comes to the budget and to the Drastic pay cuts, bankruptcies, fore- I hope that is a response we will get tax bill, we leave them out. closures—these aren’t exactly the over the next couple of days. I don’t I don’t think our troops need a lob- kinds of challenges members of the know. I know he is very busy on many byist. I thought we were their advo- American military reserve signed up other things right now. There will be a cates. Mr. President, $137 billion and for when they volunteered to put their big debate tonight, but this is some- we could not allocate $2 billion, not $1 life on the line for us and for a country thing I had to bring to our attention. billion, not half a billion? as great as this. For all of our pompous Over 410,000 members of the National I will speak about this as often as talk about how patriotic we are in this Guard and Reserve have been activated possible for the next couple of days. I Congress, the least we can do is keep since September 11. Secretary Rums- tell my leadership, I don’t want to their paycheck whole. feld has predicted that number may go make people’s lives miserable. I am Let me talk about three families I up to 640,000. That is a lot of families happy to talk with our leadership and actually know. I will be in the Cham- dependent on us to make good deci- the Republican leadership about any ber talking about more. sions for them. This was not a good de- time agreements that make people’s Janet Wright is from Hammond, LA. cision made by the House leadership. I weekends convenient, but I could not Her husband Russell is in the Marine will do everything in my power to get in good conscience not spend some Corps. I have the Marine Corps pin on them to change their mind, to change hours—whether it is 2, 5, 10, or 30— today in honor of our men and women. the bill, or to promise they will put in talking about the 5,000 men and women He makes $60,000 a year in the civilian this $2 billion or $3 billion—whatever it who have been deployed out of Lou- world. He was activated and made only will cost to close this pay gap—so the isiana, who are on the front lines, $30,000. He took a 50-percent pay cut. men and women who leave your State whose employers, whom I know person- Mrs. Wright said that after a couple of of Illinois or my State of Louisiana or ally, are making their paychecks months she started to put water in her the Senator’s State of Ohio or the Sen- whole. children’s cereal while her husband was ator’s State of Massachusetts, when We had the chance to help out small gone because she had to count every the soldiers leave to go overseas, they business, to help our National Guard penny. That is what happens when we have confidence that when we have a and Reserve. Somebody, somewhere, on give out $137 billion: We cannot help chance to help them keep their pay the other side of this Capitol made a the Wrights. We don’t have enough whole, keep their benefits intact, give decision that is immoral, unconscion- money to help the Wrights, so they them some support in the spousal sup- able, and most certainly not justifi- have to put water in the children’s ce- port program we have established, we able. real bowls. are there for them. I will present for the record some Scott is a Navy reservist from Cali- I understand the Senator from Mas- names of families. I will present some fornia. He lost his home when he was sachusetts will speak and I understand hardship cases so the record is clear activated and he lost nearly $1,000 a the Senator from Iowa will yield the about the kind of families we have month in pay because the Navy job was time to make that possible. But if my turned our backs on and the kind of different than the civilian. People say, colleagues are wondering why the proc- employers who are doing the very best Senator, that is impossible. There is a ess has slowed down, why we are hav- they can. While they are hiring a re- law that protects people from losing ing a hard time getting a schedule for placement, because they obviously their home. I know that. You cannot the next couple of days, this is one of need the job done, and sending the pay- foreclose on someone’s home when they the reasons. This is the reason I am check overseas, the Government of the are on the front line. But the problem voting against the bill and will be United States, which is supposed to be is, the bills add up and when they have speaking about it as the days go for- on their side, decides we do not want to to come home, if they have not paid ward. help them because we have higher pri- those monthly notes and they cannot I yield the floor. orities. pay it within a certain amount of time, Mr. REID. It is my understanding What higher priorities could we pos- the foreclosure happens. that the majority has people who want sibly have in the Tax Code at this I don’t understand how we don’t have to speak. I know the Senator from time? If any one of my colleagues any money to fix it. How can I go home North Carolina is here and wishes to wants to explain to me and anyone else and tell my Guard and Reserve, I’m speak for 10 minutes and the Senator what could be a higher priority, I sorry, we didn’t have any money, but from Massachusetts wishes to speak for would appreciate it. If there is some- here is $137 billion we gave out to ev- up to 30 minutes. This would be as if in thing else in here for the Guard and erybody else? I am not going to do it. morning business. Senator KENNEDY Reserve, for the military, to support I can’t go home. So I would as soon will speak for up to 30 minutes. Of our troops directly, please tell me. stay here because I don’t have a thing course, the time counts against the 30 Maybe I didn’t get to read the whole I can tell them, not a thing I can say. hours we are working under now. And report. I will tell more stories about real we would ask that the majority be rec- I was on the Armed Services Com- people. They are calling my office right ognized for up to 30 minutes, to match mittee for several years. Eventually, I now and sending letters. We are getting that of the time for Senator KENNEDY,

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2004 CONGRESSIONAL RECORD — SENATE S10793 with the first 10 minutes being for the be affected. We passed that three by rushing to war in Iraq, a country Senator from North Carolina, and that times. The House of Representatives that had no operational links to al- time also be counted against the 30 passed it twice. Qaida terrorists. hours. I ask unanimous consent that be We had 5 minutes of discussion on it We now know that President Bush the order. from the proponents of it in the same began planning the invasion of Iraq The PRESIDING OFFICER (Ms. MUR- conference. I was there. So that is cer- from the earliest days of his adminis- KOWSKI). Is there objection? tainly one of the reasons that we speak tration. Finding a rationale to get rid Without objection, it is so ordered. and we are so concerned about those of Saddam Hussein was on the agenda The Senator from Massachusetts. provisions. We will have a chance to from day one of this administration. Mr. KENNEDY. Madam President, address those matters. But I do want to Barely 3 months after the most vicious while my good friend the Senator from speak to the Senate on two other mat- terrorist attack on America, the Presi- Louisiana is in the Chamber, I com- ters briefly this afternoon. dent already began concentrating on mend her for the enormously persua- AFGHAN ELECTIONS Iraq, not Afghanistan. On November 26, sive case she has made and say I agree Madam President, one is the greatest 2001, he said: with her 100 percent and will certainly intelligence failures in our history oc- Afghanistan is still just the beginning. do everything I can to support her. curred on 9/11, and the seeds of that dis- And 3 days later, even before Hamid The point is, we passed this under- aster were planted long ago in Afghani- Karzai had been approved as interim lying bill in June, and the conferees stan, whose people will participate to- Afghan President, Vice President CHE- were appointed in July by the Senate morrow in the historic election to se- NEY publicly began to send signals of the United States. The House of Rep- lect their next President. I know my about attacking Iraq. On November 29, resentatives did not even appoint their colleagues share my deep respect for he said: conferees until the end of last week, the Afghan people and the many others I don’t think it takes a genius to figure out and did not have their first meeting who worked so hard in recent months this guy [Saddam Hussein] is clearly . . . a until Monday of this week, and we are to make these elections possible. significant potential problem for the region, trying to jam this legislation through The elections already have been post- for the United States, for everybody with in- the Senate late in the afternoon on a poned three times, and the parliamen- terests in the area. Friday, and the cloture motion was tary elections that were to be held this The shift was all but sealed by the filed the first thing this morning before weekend have now been delayed until time of President Bush’s State of the there was 1 minute of debate on it. next year. President Karzai has shown Union Address on January 29, 2002. Karl Ms. LANDRIEU. Yes. tremendous courage and determination Rove had told the Republican National Mr. KENNEDY. I say that both in in the face of multiple assassination Committee that terrorism could be terms of the substance, which is so attempts. He and the vast majority of used politically. Remember that powerful, and the process and the pro- the Afghan people have demonstrated speech, that terrorism could be used cedure in standing for the Guard and an impressive commitment to a free politically? That is Karl Rove in 2002: Reserve, I commend the leader. There and democratic Afghanistan. Republicans could ‘‘go to the country is an arrogance among the chairman of Yet Afghanistan still faces funda- on this issue.’’ the House Ways and Means Committee mental threats to the casting of ballots In the State of the Union Address, and the Republican leadership that on Saturday, let alone its long-term President Bush unveiled his ‘‘Axis of ends up and results in this kind of a stability and prosperity. Elections are Evil’’—Iraq, Iran, and North Korea. situation where they say: Well, there vitally important to the process of re- Those three words forged the lockstep won’t be people over there who will building a free country, but they are linkage between the Bush administra- stand for the Guard and Reserve. We not a panacea for the myriad of prob- tion’s top political advisers and the Big will send it over there late either last lems that face the people in Afghani- Three: Cheney, Rumsfeld, and night, which they would have done if stan. Those problems will still be there Wolfowitz. they had been able to get these printed the day after the elections, and the What did President Bush say about up, or we will have it over there on Fri- Bush administration, Congress, and the bin Laden in the State of the Union day morning, and they will all want to American people cannot afford to be Address that day? Nothing. take off on Friday, so they will go distracted from the ongoing efforts What did he say about al-Qaida? One ahead and pass it. That is the view. that will be required to bring peace and fleeting mention. I commend the Senator from Lou- stability to Afghanistan. What did he say about the Taliban? isiana for the substance and commend We made that mistake once before in Nothing. her for the process as well. And I will Afghanistan, in the aftermath of the Nothing about bin Laden, a fleeting take the time not just at this moment Soviet withdrawal in 1989, and the re- mention of al-Qaida, nothing about the but also to comment about the same sult was a failed nation that became Taliban in that State of the Union Ad- legislation, how Chairman THOMAS and the breeding ground for the terrorists dress. the Republican leadership are prepared who attacked us on September 11, 2001. With those words, we lost our clear to take care of the tobacco companies We cannot afford to allow Afghanistan focus on the most imminent threat to but not take care of America’s chil- to fall into chaos once again. Unfortu- our national security—Osama bin dren. That was the choice. You could nately, because of its misguided war in Laden and al-Qaida. The President had have done both. I would have supported Iraq, the Bush administration may checked the box on Afghanistan and looking out after tobacco farmers who bring us perilously close to doing just was poised to use the 9/11 attacks to are having difficulties on that. I would that. advance his Iraq war agenda of a war have supported having the tobacco In the aftermath of the terrorist at- on Iraq. companies pay for that particular bail- tacks on September 11, President Bush The consequences of that decision out. But it should have included the rightly spoke about the need to put Af- have been severe for the security of Af- protection of America’s children, and ghanistan on the right course. He wel- ghanistan and for the security of the the Republican leadership refused to do comed then-Chairman of the Afghan American people. Without a doubt, the that. Interim Authority Hamid Karzai to the war with Iraq has distracted us from It refused to look out after American White House in January 2002, and said: the hunt for Osama bin Laden. workers. We have passed—three times The United States is committed to build- The administration botched the bat- in the Senate, twice in the House of ing a lasting partnership with Afghanistan. tle at Tora Bora in December 2001. By Representatives—a prohibition against We will help the new Afghan government outsourcing the job to warlords in Af- this administration’s repeal of the provide the security that is the foundation ghanistan, he let Osama bin Laden es- overtime provisions that affect 6 mil- for peace. cape. Instead of sticking with the job lion of our fellow workers, primarily Instead of finishing the job, however, of capturing bin Laden, the administra- the first responders. Police and fire- President Bush foolishly and recklessly tion launched a war with Iraq. Reports fighters and nurses: They are three of diverted America’s attention from the indicate that the Bush administration the largest groups that were going to real war on terrorism in Afghanistan shifted special operations soldiers and

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10794 CONGRESSIONAL RECORD — SENATE October 8, 2004 Arab language specialists from Afghan- tween al-Qaida and the Taliban in Af- than 10,000 of the targeted individuals istan to prepare for the war in Iraq. ghanistan. Three years after our inva- had been disarmed. Clearly, the effort And it recently pulled the State De- sion of Afghanistan to deny al-Qaida to dismantle the private militias has partment’s extraordinarily talented as- its sanctuary under Taliban protection, fallen drastically short with dangerous sistance coordinator for Afghanistan, the Taliban and al-Qaida still retain a consequences for Afghan stability. William Taylor, out of Afghanistan and strong relationship in Afghanistan. In June, local militias killed five aid sent him to Iraq. Saddam Hussein is How did the Bush administration ig- workers from Doctors Without Borders behind bars, but he did not attack nore the fact that America cannot be in a brutal attack. In July, that distin- America. safe until Afghanistan is stable and al- guished nongovernmental organization Meanwhile, Osama bin Laden is prob- Qaida no longer has a haven there? pulled out of Afghanistan after 24 years ably hiding somewhere in the ungov- As a result of the poor security, of helping the Afghan people. Their ernable tribal region between Afghani- President Karzai still does not have loss is a sad commentary on the con- stan and Pakistan planning another at- full control over his country and is tinuing violence and the Bush adminis- tack on America. forced to negotiate with warlords who tration’s misguided handling of Af- Security outside of Kabul is tenuous control private militias with forces ghanistan. The failure to crack down because we and our allies are over- numbering in the tens of thousands. A on the narcotics trade, the continuing stretched in Iraq and cannot commit recent report by Human Rights Watch domination of much of the countryside sufficient troops in Afghanistan. We summarized the issue well: by warlords, and the inability of this have 140,000 troops in Iraq and our al- Political repression by the local strongmen administration to provide sufficient lies, another 20,000. It was al-Qaida is the principal problem. Through the coun- troops to stabilize the country are operatives who trained in Afghanistan try, militarized political factions . . . con- major setbacks to the war on ter- who attacked America. Yet America tinue to cement their hold on political power rorism. Clearly some progress has been has seven times more troops in Iraq at the local level, using force, threats, and made. I hope the elections tomorrow corruption to stifle more legitimate political will proceed without incident. But if than in Afghanistan. activity and dominate the election process. We obviously do not have enough sol- we had not rushed to war with Iraq, Our inability to secure Afghanistan diers to secure Afghanistan. It was the much greater progress could have been means that opium production is at lowest troop-to-population ratio of any made and certainly would have been record levels. Funds from the drug postconflict country during the past 60 made in Afghanistan, and America trade are being used to finance attacks years. President Karzai asked for 20,000 would be safer today. Yet President against our troops and against the Af- new troops for election security at the Bush continues to deny this obvious re- ghan people. They are being used to op- NATO summit last June. The U.N. reality. Incredibly, he told a campaign erate the private armies of the war- portedly estimated this summer that it rally in Ohio last week that as a result lords and rebuild the ranks of the would take somewhere between 5,000 of the U.S. military, the Taliban no Taliban. They are pouring fuel on the and 15,000 additional troops to secure longer is in existence. fire of instability and terrorism. Yet this Saturday’s election. Sadly, what Representative RON PAUL, a Repub- the administration failed to give a pri- NATO and the United States eventu- lican Congressman from Texas, does ority to shutting off the drug trade in ally provided fell far short of that re- not agree. As he said on September 23: Afghanistan, and the result has been quirement—3,000 troops total. Spain A picture of Afghanistan has been painted, predictably destructive. agreed to send a battalion to Afghani- I think, overly optimistic. You read the Two weeks ago, Robert Charles, our newspapers, what you’re talking about stan for election security only after Assistant Secretary of State for Inter- doesn’t even exist from the reports that I the Government pulled its troops out national Narcotics and Law Enforce- have read about what’s really going on. And of Iraq. Our allies can’t meet NATO re- ment, painted an ominous picture in when you hear about the Doctors Without quests for a minimal increase in troops his testimony in the House Inter- Borders leaving, after having been there through the Russian occupation. The U.N. for Afghanistan because they too are national Relations Committee. He said: bogged down in Iraq. wants to leave. Protection of the president is On the narcotics front, tied like a ball and very precarious. We don’t know what will This administration’s lack of credi- chain to security, justice and economic de- bility with the international commu- come of that. velopment, we stand in the darkness of a The airport’s getting bombed. There’s esti- nity has made it almost impossible to long shadow . . . President Karzai and other mates that 90 percent of the country, at least obtain the necessary troop commit- Afghan officials have said that drug traf- a very large percent of the country, is under ments to win peace in Afghanistan. Be- ficking and the corruption it breeds may be the occupation of the Taliban and the war- cause the international community is the biggest threat right now to Afghan’s lords. We have a serious disconnect here and unable to provide adequate security in long-term security and democratic future. we have to be—as Americans and as members Afghanistan, the forces of the Taliban The CIA and the United Nations esti- of Congress, we have to be realistic and not and al-Qaida continue to strike regu- mate that the crop of poppies for 2004 hide from the realities of what is happening. larly. Most experts believe that ele- will be 20 to 40 percent greater than That is from a Republican Congress- ments of the Pakistani security serv- last year. That means 500 tons of herman from Texas. I couldn’t agree more. ices continue to support the Taliban oin. No wonder Afghanistan now ac- In the aftermath of 9/11, it was clear and that Taliban forces are able to counts for 75 percent of the worldwide that America had to deal effectively move freely between Afghanistan and production of opium. with Afghanistan as the highest pri- Pakistan and can launch attacks on The long shadow that Robert Charles ority for our national security. It was American and Afghan forces before re- described is the shadow of our mis- clear that America could not be safe if treating to their sanctuaries in Paki- guided war in Iraq. The forces and re- Afghanistan remained unstable. In- stan. sources we are pouring into Iraq could stead of finishing the job, we rushed off The Bush administration’s Ambas- have been used and should have been to fight a different war, the war in sador to Afghanistan admits what has used to end the drug trade in Afghani- Iraq. We squandered the tremendous become the obvious truth on the stan, regain control of the country worldwide good will that flowed to ground: The Taliban ranks are growing from the warlords, and dismantle their America after 9/11. We alienated long- in Afghanistan. militias. time friends and leaders in other na- Our Ambassador Zalmay Khalizad Last month, LTG Walter Sharp of tions on whom we heavily depend for told reporters in September: the Joint Chiefs of Staff told the House intelligence for support in the ongoing With regard to Taliban, I have to say that International Relations Committee war against terrorism. Distrust of there may have been some growth in the that less than half of the approxi- America has soared throughout the numbers of their people that are active. mately 40,000 people targeted in Af- world. We are especially hated in the There has been some effort, obviously, at re- ghanistan for disarmament had actu- Muslim world. The past 2 years have cruitment, increased effort at recruitment in ally been disarmed. The operations seen the steepest and deepest fall from the refugee camps and in the madrasas. manager of the U.N. disarmament pro- grace our country has ever suffered in Ambassador Khalizad also tells us gram on the ground in Afghanistan the eyes of the world community in all that he still sees a ‘‘strong link’’ be- told the Financial Times that fewer our history.

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2004 CONGRESSIONAL RECORD — SENATE S10795 All this is the heavy price our coun- tributed to the fund. The reason the You have those three coming at you try has paid because of the war in Iraq fund was set up was for just this kind and, at the same time, you have college that America never should have of condition, where workers have been tuition going up 38 percent. Health fought. We cannot afford to continue working, want to work, and need to care premiums are up 59 percent. Gas, down this dangerous path of incom- work, but the economy slows down, so 40 percent. petence in foreign policy. We know they receive unemployment compensa- If you can believe it, milk, in Cape that America has to do better. tion for a period of time, generally 26 Cod, MA, last week was $4.05 a gallon. As I have said before, the only thing weeks. It has been extended 13 weeks in It is a little less in other parts of Mas- we have to fear is 4 more years of particularly high unemployment areas. sachusetts, maybe a little over $3. But George Bush. It is just enough to cover the mortgage it is $4.05 a gallon there, and we cannot Madam President, how much time do and put some food on the table and put get an increase in the minimum wage. I have? gas in the automobile. It is interesting So American families are working The PRESIDING OFFICER. The Sen- that Bush No. 1 extended the unem- and working long and hard. ator has 3 minutes remaining. ployment compensation three times, What happens after all this? We have UNEMPLOYMENT when we never had the economic and a proposal on the floor of the Senate Mr. KENNEDY. Madam President, adverse economic conditions we have called the JOBS bill—how much time earlier today, the Department of Labor at this time. But this President will remains? issued its report on the state of unem- not extend it to help these workers. The PRESIDING OFFICER. There is The job situation is even worse for ployment in the country. I want to just 3 1⁄2 minutes remaining. comment on this. It is official now that people of color. The unemployment Mr. KENNEDY. The JOBS bill was President Bush will be the first Presi- rate for African Americans is more meant to initially deal with the $4.5 dent since the days of Herbert Hoover than 10 percent—almost double the na- billion problem at the World Trade Or- and the Great Depression—over 70 tional average—and for Hispanics, it is ganization. What has happened is the 7 percent. And women are not faring years ago—to preside over a net loss of Republican leadership in the House of well in this economy. The income of jobs during his Presidency. Representatives sent over a $143 billion low-income single mothers has gone Today’s job numbers show that only program that benefited the tobacco down by 3 percent every year in the 96,000 were created last month, which companies at the expense of the chil- Bush economy—3 percent constantly is even lower than economists had pre- dren, and also increased financial in- down. dicted in order to keep up with popu- But President Bush and the Repub- centives to drive more American jobs lation growth. Even worse, a third of lican Congress refused to raise the min- out of the country, rather than bring the jobs created were in temporary po- imum wage, which would benefit pri- them home—outsourcing. sitions. Another third were govern- marily women—7 million of our fellow My friend, the Senator from Florida, ment jobs, which means the private citizens, men and women of dignity, BOB GRAHAM, will address this issue sector job creation is far from recov- who work hard, clean out the great during the course of this debate. We see ering. buildings where American industry is how this legislation disserves Amer- The official unemployment rate is 5.4 housed, help as assistant teachers, ican workers even more. percent, but the real rate of unemploy- work in nursing homes—primarily This is a fierce record and everybody ment and underemployment is 9.4 per- women; and many of them have chil- on Main Street knows it. This economy cent. More than 400,000 workers have dren, so it is a women and children’s is working fine for Wall Street. It stopped looking for work because they issue, a family issue. It is also a civil works well for the elites, the elite cor- are so discouraged. They are no longer rights issue because so many of those porations and the elite individuals. In counted in the official rate. Another 4.5 who earn minimum wage are men and this economy, we have had four tax million are working part time because women of color. It is a civil rights, breaks—at a time when we are fighting they cannot find full-time jobs. family, women and children, and a fair- two wars—for the elite corporations Part-time workers and temporary ness issue. and elite individuals. But for the work- workers earn less money than full-time Americans believe if you work hard ing families on Main Street, they are permanent employees and often do not 52 weeks in the year, you should not suffering. Hopefully, they will have an even receive benefits. America’s work- have to live in poverty. Why is it that opportunity to express themselves on ers have been out of work for months. the Republican leadership has refused election day. They have finally found a job, but it is to let us have a vote on increasing the I yield back the remainder of my part time or temporary, so they take a minimum wage? I offered to increase time. huge cut and have no health insurance. the minimum wage on the TANF bill. The PRESIDING OFFICER. The Sen- Temporary workers earn about 40 per- What did the leadership do? They ator from North Carolina is recognized. cent less a week than the rest of the pulled the bill. I offered it on the State Mr. DORGAN. Madam President, I workforce. Department reauthorization bill. They wonder if the Senator will yield for a Of the 8 million unemployed workers, pulled the bill so the Senate could not question. nearly 22 percent are long-term unem- vote. Here you see the results of that: Mrs. DOLE. Yes. ployed; they have been out of a job for no long-term unemployment com- Mr. DORGAN. Madam President, I more than 6 months. This long-term pensation, no increase in the minimum understand the Senator from North unemployment rate has been over the wage. Carolina is speaking as in morning 20-percent mark each month since Oc- Now we hear, as I heard on the Joint business under a block of time allo- tober 2002, 2 consecutive years, which Economic Committee, about how the cated to the other side by prior agree- is the longest streak since this data hurricanes have really impacted ment. has ever been collected. things. We heard other testimony that I ask unanimous consent that fol- Despite these record highs in long- because of the hurricanes more people lowing the Senator from North Caro- term unemployment, President Bush are working to try to deal with the lina—if nobody is on the floor—that I allowed the unemployment insurance problems. All of this is against a back- be recognized for 15 minutes as in program to expire last December. ground where those workers are facing morning business, preserving the re- These workers have worked hard, the perfect storm: the lack of an in- mainder of the 30 minutes allocated to played by the rules, and paid into the crease in the minimum wage, lack of the other side. If other speakers on unemployment trust fund, which now unemployment compensation, and the that side are here to follow the Senator has $20 billion in it. But the President fact that this administration has put from North Carolina, I suggest that I had said no to extending unemploy- in the regulations to deny overtime for follow them at the end of the 30-minute ment benefits for these workers. up to 6 million American workers. So period. Do we understand that, Madam they are going to work longer and Mr. REID. Madam President, I ask President? You don’t get unemploy- harder—because that is the record if unanimous consent that the Senator ment compensation; you are not eligi- you don’t have that protection—and modify his request that for whatever ble unless you have worked and con- they will make less. time he uses, the majority have equal

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10796 CONGRESSIONAL RECORD — SENATE October 8, 2004 time, subsequent time, and that the Iraqi official offered bin Laden a safe There is much in this conference re- time the Senator from North Dakota haven in Iraq. In its 1998 indictment of port on what is called the FSC/ETI bill, uses and the time of the majority fol- bin Laden, the Clinton administration which is the shorthand way we talk lowing him be charged against the 30 asserted that al-Qaida and the Iraqi around here. Others call it the JOBS hours. Government had an understanding that bill. There is much I commend, much The PRESIDING OFFICER. Without they would not work against each that I support, and much that I think objection, it is so ordered. The Senator other, and on projects such as weapons represents good work. But I want to from North Carolina. development, they would work coop- talk a moment about some missed op- CONNECTION BETWEEN IRAQ AND AL-QAIDA eratively. Is this not evidence of bin portunities as well. Mrs. DOLE. Madam President, in our Laden and al-Qaida having a collabo- I am mindful of what Mark Twain post-9/11 world, most Americans would rative relationship with the Iraqi Gov- once said. It is always easy to be nega- agree that to defend our Nation and ernment? tive. Mark Twain once said, when the freedoms we hold dear we must In a recent interview with a French asked if he would debate: Of course, if continue to succeed in the war on ter- newspaper published August 29, 2004, I can take the negative side. ror. As many of my colleagues and I Hudayfa Azzam, the son of bin Laden’s They said: We haven’t told you the have said, Iraq is the central battle- mentor, Abdullah Azzam, said the Iraqi subject. ground in the war on terror. The ter- regime and al-Qaida had worked to- He said: It doesn’t matter, the nega- rorists certainly know what is at gether closely before the war. He said: tive side doesn’t require preparation. stake, which is why they are pulling Saddam Hussein’s regime welcomed them I am mindful of that when I am try- with open arms and young al-Qaida members out all the stops to derail our efforts ing to pick apart some pieces of this entered Iraq in large numbers, setting up an bill, but I think it is important to talk there. They know that a free and demo- organization to confront the occupation. cratic Iraq is a serious blow to their in- about missed opportunities at this late Azzam said that al-Qaida members date. terests. came into Iraq from Afghanistan, Collaboration of Iraq’s former regime I am going to vote for this bill, but I across mountains in Iran, with the help with terrorist groups and its funding of will tell you what is not in it and of Kurdish militants. And once in Iraq, them have not been in question. Demo- should be. Saddam strictly and directly con- cratic cochairman of the 9/11 Commis- We are drowning in debt in this coun- trolled their activities, according to sion, former Congressman Lee Ham- try. We have the largest budget deficit Azzam. Here is yet another example of ilton, told reporters that there were in the history of America, and add to al-Qaida members infiltrating Iraq and connections between al-Qaida, and Sad- that the largest trade deficit in the his- being given safe haven prior to the en- dam Hussein’s government. Still, few tory of this country. We are neck deep trance of coalition forces. naysayers have passed up the chance to in debt. We are spending money we do Let me be clear, despite recent polit- not have, in some cases on things we do contest links between Iraq and al- ical criticisms and media reports that Qaida, links that have existed for more not need. We send our men and women have clouded or even misrepresented to war and say, by the way, we will not than a decade. the facts, there is ample evidence of Charges have been made that Iraq pay for that, we will have them pay for terrorists operating out of Iraq prior to it when they come back. We are drown- was not a haven for terrorists before the war, and there is compelling evi- the war, this statement being made ing in debt. dence of a longstanding link between One part of dealing with that debt in just days after terrorist followers of al-Qaida and Iraq. The bipartisan Sen- Zarqawi, arguably the most dangerous fiscal policy is to try to get the rev- ate Intelligence Committee report in- enue into the coffers of the Federal terrorist in the world today, kidnapped forms us of this, as does the bipartisan and beheaded American civilians in Government that is owed by those who 9/11 Commission Report. are required to pay taxes. Iraq. Reports strongly suggest that Again, let me emphasize, Iraq is the Zarqawi himself committed the atroc- Let me describe a couple headlines central battleground in the war on ter- from recent days: ities. ror. Recently, before a joint meeting of He and his men trained and fought House Negotiators Reject Tougher Tax Congress, Prime Minister Allawi spoke Shelter Penalties. with al-Qaida for years. Not only was of the challenges and continued Zarqawi in Baghdad prior to Saddam’s progress in his country. He offered elo- Those House negotiators said: No, we ousting, but nearly two dozen members quent words of gratitude for America do not want to get tough to shut down of al-Qaida were there as well. One al- liberating the Iraqi people. I close tax shelters and tax dodgers. I am talk- Qaida associate even described the sit- today with a simple, but significant, ing now about very large corporations uation in Iraq as ‘‘good’’ and stated statement that he made without much that make billions of dollars and de- that Baghdad could be transited quick- notice or fanfare. In talking about Iraq cide they want to do everything they ly. he said: can do as an American citizen, except Then there is Abdul Rahman Yasin, We are fighting for freedom and democ- they do not want to pay taxes. They do another terrorist who was in Iraq long racy—ours and yours. not want the obligation of paying before the war. Yasin was a member of I yield the floor. taxes. the al-Qaida cell that detonated the The PRESIDING OFFICER. Under Madam President, $40 billion would 1993 World Trade Center bomb. Docu- the previous order, the Senator from have been raised as a result of the pro- ments discovered recently by U.S. North Dakota has 15 minutes. vision that was objected to by the forces in Saddam’s hometown of Tikrit Mr. DORGAN. Madam President, I House negotiators. That’s $40 billion show that Iraq gave Yasin both a home believe I asked for 15 minutes. saved in taxes that will not be paid by and a salary until the eve of the war in The PRESIDING OFFICER. That is companies that should have been full Iraq. When a Newsweek reporter inter- correct. taxpayers. viewed Yasin’s Baghdad neighbors, JOBS BILL October 7: they told the reporter that Yasin was Mr. DORGAN. Madam President, I How Big Tax Shelters with Cities Short- ‘‘working for the government.’’ Is this came to the floor because we are going changes the Federal Treasury. not a clear example of Iraq not only to have a great deal of business in the This is about people buying a sewer having a relationship with al-Qaida but final days of this legislative session. system. Can you imagine someone also harboring and rewarding a ter- Some of the legislation will be very wanting to own a sewer system? But rorist, a person who was directly insignificant. This is one piece of tax leg- cities are now selling their subways, volved in a terrorist attack on our soil? islation that originally came out of the city hall, and the sewer system. Why? What about a link between Osama Senate Finance Committee and the Because if they sell it to a corporation, bin Laden, the al-Qaida leader himself, House Ways and Means Committee. It a corporation can depreciate it, and and Iraq? The 9/11 Commission Report rests on all of our desks. It is a large then they can each share in the tax states that Iraqi intelligence officials unwieldy piece of legislation dealing writeoff because a city does not have a and al-Qaida members met in the with, in some cases, arcane portions of tax write off because it is not taxable. spring and summer of 1998, and that an our Tax Code. So we see these things being sold to

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2004 CONGRESSIONAL RECORD — SENATE S10797 private investors so that everybody gressive tax shelters, to shut down the that would have closed these loopholes, wins, except the taxpayer loses, and tax opportunities that have come from closed these shelters, closed off the op- our debt goes up and up because enti- tax haven subsidiaries of U.S. corpora- portunities that result in such a mas- ties that should be paying taxes are tions. sive amount of lost revenue to the Fed- not. I could go through a list of corpora- eral Treasury at a time when we are Let me talk just for a moment about tions. One corporation, for example, set deep in debt. the issue of missed opportunities with up 441 entities in the Cayman Islands At a time as well when our country is respect to runaway plants and moving alone. Yes, an American corporation, reliant on about 60 percent of our oil American jobs overseas. an energy company, for example, set up from others around the world, it seems This morning there was an announce- 441 subsidiaries in the Cayman Islands. to me that we also missed some oppor- ment about the number of jobs created Why? Because they do not want to pay tunities to move aggressively in areas in the last month. We need to create taxes. to make us more independent with re- about 175,000 jobs a month just to keep The Halliburton Company has 17 tax spect to our oil supply. It seems to me pace with the increased population haven subsidiaries, including in Liech- that when we have a circumstance moving into the workforce. This month tenstein—Panama, Cayman Islands, where we need additional energy and it was only 96,000 new jobs, far short of Liechtenstein. I would like to see these we reach for 60 percent of that oil from what is necessary just to keep pace shut down. If you are setting up cir- troubled parts of the world, it puts our with the new people coming into the cumstances where you are doing busi- economy in great jeopardy. When we workforce. ness through a post office box in the are talking about incentives for energy Even as we struggled to create these Bahamas or the Cayman Islands or, production in this country, we could new jobs, we have in place a provision yes, Liechtenstein, in order to avoid have done and should have done much in this country’s Tax Code that says to paying taxes, the next time you get in better. If we do not understand that a company: Guess what. If you will just trouble maybe you should call out the the 60 percent reliance on Saudi Arabia decide to move your jobs overseas, we Liechtenstein Navy to protect you, or and Kuwait and, yes, Iraq, Venezuela, will give you a tax cut for doing it. the Bahamian Navy. Someone told me and Nigeria is very troublesome to this We will give you a big fat tax cut if the Bahamian Navy has 20 people. country, then we do not understand you move your jobs overseas. Now, I These companies want all the bene- very much. cannot think of a more pernicious, ob- fits that can come to an American cit- I happen to think we are going to al- scene thing to do than to say to Amer- izen, but they do not want to pay their ways continue to use fossil fuels—coal, ican companies, move your jobs and we fair share of taxes. Again, we have peo- oil, and natural gas. I also believe we will give you a tax cut. ple who get up every morning in this ought to move toward a hydrogen fuel If some tax concessions are going to country, they are good citizens, pay cell future in which we stop putting be given, give them to the businesses their bills, and they pay their taxes, gasoline through our carburetors; find that create jobs and stay here, not to because they want to send their kids to an inexhaustible supply of energy such the businesses that fire their workers the best schools, and they want to be as hydrogen, which is ubiquitous and and move their jobs to China, Ban- able to have affordable health care. everywhere, and when you use a fuel gladesh, Sri Lanka, and Indonesia. cell hydrogen vehicle you put water We voted on this provision and the They want to live in safe neighborhoods. They want grandma and vapor on the tailpipe, you have twice Senate actually turned it down. Sen- the power to the wheel. What a re- ator MIKULSKI and I offered an amend- grandpa to have access to health care. They want a good job that pays well. markable future. ment that said let us shut down this We will not get there because the en- Instead, we have a tax system that pernicious tax cut that says to people, ergy companies, particularly many of says, oh, by the way, we will give you move your job overseas and we will them that have a vested interest in a tax cut to ship your job overseas and give you a benefit. That, it seems to what we are doing now, do not want to oh, by the way, it is fine for you to ac- me, should have been a revenue raiser get there. There are some who are very cess, even if you stay here, tax shelters in this bill. excited about a new Apollo project in so that if you make money, you do not Or how about the proposition of which this country describes a com- American companies that decide they have to pay, but your workers do. Your pletely new energy future. I would hope want to have all the benefits that ac- workers should pay taxes, but you some of those incentives would have crue to being an American citizen as a make $2 billion, you do not have to been in this bill, and they are not. corporation—because in law we say a pay. Do your business through a mail- This legislation which is presented to corporation is a citizen, artificial citi- box somewhere. us now over the weekend is legislation zenship. It can sue and be sued; con- These are enormous missed opportu- that has a number of things that I be- tract and be contracted with. It wants nities, and they are missed opportuni- lieve moves us in a good direction, a in some cases all of the opportunities ties because, as this says—and this is number of constructive things. of citizenship in this country except for why House negotiators reject tougher I will make one other point on tax paying taxes. That is why we see cor- tax shelter penalties. What that means shelters. My colleague Senator GRASS- porations that decide what they want is a bunch of people come to this con- LEY, for example, announced some long to do is do their business through a ference and say, no, we want to protect while ago that he was going to put a post office box in the Cayman Islands. these special deals, we do not want to stop these phony lease transactions be- Why? Is that where they run their com- close these loopholes. The fact is, the tween cities and companies. Yet, the pany, from a post office box? No. What American people deserve better. This way this conference report comes out they want to do is shelter their income country is drowning in debt. they actually went easier on some of from this country so they can have all People ask, how do you get a handle these transactions. The same is true the benefits our country has to offer on the fiscal policy? The first thing with respect to inversions. them but avoid paying U.S. taxes that you do is you stop this sort of non- Corporations that decide, we do not are required. sense. You stop subsidizing jobs being want to be American citizens anymore, Who then pays the taxes? Oh, it is exported overseas by American compa- we renounce our American citizenship, just the working men and women who nies that are told by this Government, we want to become citizens of the Ba- get up in the morning and dress and go shut down your plant and we will give hamas. Why? I do not know. Sun, sand, to work all day. They do everything you a tax cut if you move your job good food. I do not know. They want to right, and at the end of the day they overseas. become citizens of the Bahamas in try to provide for their families and try Yes, we voted on that in the Senate order to avoid paying U.S. taxes so to pay shelter and transportation, all and it was voted down. Closing that they do something called inversion, the things that are necessary to send loophole was voted down in the Senate. which is renounce your citizenship. their kids to school, pay for health My hope would have been with the def- There was a date set by my colleague care, and then pay taxes as well. icit growing worse and worse, that per- Senator GRASSLEY and his counterpart It seems to me this is a terrible haps in conference, working on this and they said, beyond this date, under- missed opportunity to shut down ag- bill, we would have seen a conference stand you are in jeopardy when you do

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10798 CONGRESSIONAL RECORD — SENATE October 8, 2004 this. Well, guess what. In this con- I yield the floor. things out, and that is one of the rea- ference, they went a year forward from The PRESIDING OFFICER. The Sen- sons some of the things are not in that date. I do not have the foggiest ator from Wyoming. there that people would like in there, idea why they did that. Mr. THOMAS. Madam President, I because they had to limit it to the By the way, this is not a criticism of am a little surprised to hear my friend amount of offsets they could find to Senator GRASSLEY because he has been from North Dakota. This bill has been make it work this way. a leader in shutting down these abusive worked on for a long time here. It But what happened then is they took transactions. My assumption is that passed this Senate with a great amount off this 3-percent addition that went to the House of Representatives came of support. There are some things here manufacturers because the WTO op- over once again and said, no, we cannot that are very important that we are posed it and turned it around and gave buy that. doing, and all I hear is talk about how that to all manufacturers, including It is unbelievable that corporations bad it is. That is interesting. people, for instance, who produce oil that want to renounce their citizenship I think it has a little to do with poli- and who produce coal. It broadened the are given even an inch of ground by tics. There are some things on here we definition of manufacturers to where anybody in this Chamber, let alone ought to be talking about. Please re- nearly every business in this country, anybody in that conference. We ought member why this bill was offered in the then, receives it. to say, you want to renounce your first place. We had a benefit that went We are talking about jobs numbers, American citizenship in order to save to manufacturers, a 3-percent reduc- which have grown pretty significantly. on taxes? Shame on you. You are not tion if they shipped overseas. What We are talking here about strength- going to get tax benefits or tax savings happened is WTO, the World Trade Or- ening business to create jobs. Somehow from this Tax Code, not from this Con- ganization, said, That is not in keeping we seem to forget that is where jobs gress. You want to do what is called an with our rules, and they started to levy come from, is by encouraging and giv- inversion and renounce your American a penalty, each month, that goes up to ing incentives to businesses so they citizenship? Then this Congress is not 17 percent. Something had to be done will invest and provide an opportunity going to give you one cent of benefits about that. to create jobs. That is what it is for. I in the Tax Code. The Senator didn’t bother to mention don’t quite understand where the Sen- Yet regrettably, what has happened that. He didn’t bother to mention all ator thinks jobs come from unless it here is they have actually given an- the good things that are on here. I has to do with businesses that invest other year’s flexibility to the compa- don’t know whether that is politics or and create those jobs. nies that did that, a year beyond the whether they are trying to talk a little There are a great many things in date in which my colleague—and good bit about the facts. That would be a there. Everyone could find something for him, Senator GRASSLEY—said, here surprise. they don’t like. I thought it was per- is the date. Ms. LANDRIEU. Will the Senator haps a little overdone, frankly, in Ms. LANDRIEU. Will the Senator yield for me to have an opportunity to terms of some of the things that were yield for a question? there. I tried very hard to get the tax Mr. DORGAN. I am happy to yield. try to answer that just briefly? Mr. THOMAS. Really, if you have a element of the Energy bill into the bill. Ms. LANDRIEU. Does it strike the We were not able to put that all in Senator as odd and actually unjust question, I will take that. Otherwise I think it is my turn to have the floor. there. We did get some energy incen- that the same bill that would push the tives here, however, which will help date back for companies to go register Ms. LANDRIEU. OK. I would just ask the Senator, did he know that at least some. We all had some things. in the Bahamas—to give up their U.S. There are some things that are par- my remarks were not at all directed citizenship presumably because they ticularly useful, just little things that politically to this bill? The Senator is think it is too hard for them to pay are kind of typical of the many issues correct. Did he know that when the their taxes—in that same bill, the men that are in there. and women who are protecting the provision I spoke about earlier left the Mr. DORGAN. Will the Senator yield right of those businesses to make a Senate floor, 100 percent of the Sen- for a question? profit and to benefit from the great ators, including the leadership of Sen- Mr. THOMAS. When you have med- riches of this country were deprived of ator GRASSLEY and Senator BAUCUS, ical providers who go to underserved a tax credit? Does that strike the Sen- sent our bill over to the House saying, areas, they are given financial incen- ator as an odd way to either begin or please put our troops at the top of the tives to go, and in the past those incen- end a session of the Congress? list if we are going to give out $137 bil- tives which caused them to go there The PRESIDING OFFICER. The time lion? Did the Senator know they didn’t were taxable. We were able to take of the Senator has expired. even come back in any part of the list? that taxable business out, so we will Mr. DORGAN. I ask unanimous con- They are not on the list. I just wanted have more people willing and able to go sent for 1 additional minute to answer to ask the Senator if he remembered to underserved areas—nurses, physi- my colleague. that that was something we sent over. cians, clinicians, and so forth. The PRESIDING OFFICER. Without Mr. THOMAS. Absolutely. There is I will certainly yield. objection, it is so ordered. no question. But this is the size of the Mr. DORGAN. I think the Senator Mr. DORGAN. Let me answer my col- bill. There are thousands of things in was not in the Chamber when I began league from Louisiana by saying of there. my presentation. I did say I intend to course it is absurd. Let me say it seems I am sorry. I agree with you. I was on vote for this. I said there is much in it to me the first obligation in this Con- the conference committee. We went that I commend and much that I sup- gress is to make sure we are doing through this process. But it is the port, including some of the energy pro- what we should do for those men and House and the Senate both. When you visions that I believe you just men- women who, when called, left their go through a conference committee tioned. I was speaking specifically only homes, left their families, left their you come out with some things added about the series of tax shelters rep- jobs, and went to serve this country. It and some things subtracted. I agree resenting, in my judgment, a missed is unbelievable to me, some of the pri- with the Senator and supported what opportunity. orities that have been established she is talking about. But that is not But I think the Senator from Wyo- around here. the whole issue in this bill. This is a ming missed the opening comments of I heard the Senator from Louisiana huge bill. this Senator. He probably missed that I make the case earlier today. She is ab- The other thing that seldom is men- did say there is much here to com- solutely right about that. The soldiers tioned is that this is revenue neutral mend, and I was speaking about what I she is talking about should not be put over 10 years. There are offsets to these think is a gross abuse, which we call at the end of the line. They ought to be expenditures which I feel very strongly tax shelters, which we have to close, at the front of the line when you talk about because I probably feel more and I think most Members think at about trying to do what is right in this strongly about the deficit than the some point we will have to close them. bill. I appreciate the leadership of the Senator from North Dakota. But this is Mr. THOMAS. I did not hear that. I Senator from Louisiana on that point. revenue neutral. They took enough continue to hear a lot of complaint and

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2004 CONGRESSIONAL RECORD — SENATE S10799 criticism when talking about spending utes, if I am not interrupting anyone’s ones, little ones, ones that make ceil- when indeed it is revenue neutral, and time. ing fans, ones that operate horse rac- the Senator didn’t brother to mention The PRESIDING OFFICER. Without ing—just go through it. I am not going that. Obviously in a bill this size there objection, it is so ordered. to even comment about the benefits of are a great many things you can talk Ms. LANDRIEU. Madam President, that. I don’t want the reporters and the about. Obviously no one is going to before the Senator from Wyoming people following this debate to say agree with all of the hundreds of issues leaves, I want to make a couple of com- Senator LANDRIEU objects to anything that are there. ments regarding some of the things he in this bill except that the Guard and There are some really good things, said. While some Members of this Sen- Reserve were left out. That is what I some things I thought were particu- ate intend to vote for this bill, I am object to. I am not going to even talk larly good. For instance, ranchers who, one who will not be voting for the bill. about ceiling fans and horse racing, or because of the drought, had to sell I would like to restate why. shipbuilding, which happens in my their herd and cattle, they don’t have There is only one reason, one specific State. There are lots of wonderful to pay on capital gains now for 4 years. reason, and I think one compelling rea- things in this bill. My only question is, It gives them a chance to get back son, that injustice was done in this bill How could we possibly have the nerve without having to pay for that. after it left the Senate, and that injus- to pass a bill and leave the Guard and One of the fairness issues that is tice was that the one provision which Reserve out? there is the idea that States that do would give direct tax relief to the men According to the GAO, the men and not have State income tax, which is de- and women on the front lines, the women in the Guard and Reserve on ductible from the Federal taxes, but in- Guard and Reserve fighting in Afghani- the front lines are taking a 41-percent deed finance through sales taxes, can stan, in Iraq, or whether it is North pay cut. now deduct the sales taxes, which Korea, or South Korea, was left out of You may say to me, Senator, they makes it fair. States can choose to ei- the bill. knew it when they signed up. Let me ther have income tax, they can have We have a lot of bills, and not all of answer that. They knew there would be sales tax, they can have both, and then them are this fat, this full, and this ex- sacrifice. These men and women don’t they can have one of the two of them pensive. This is $137 billion. want a lot of pity or attention. They deductible. In the past, sometimes, my In 2 years, we negotiated between the are happy to go. They want to go. They State did not have a State income tax, House and the Senate. I know the Sen- are proud to serve. I know many of but we had a sales tax and it was not ator from Wyoming is aware of this be- them personally. I am proud of them. deductible. It will be now. That is a cause he helped to put it in. But there But I tell you what they did not know: real incentive for people to be able to was only one provision in this entire They didn’t know that we—when I say save some of the money they have. bill that would have actually directed ‘‘we’’, I mean this President, the We also had a provision in there that some modest tax relief to the men and former President, and the leadership of was put in that had to do with enlarg- women in the Guard and Reserve. But the Armed Services Committee—would ing the loans that are available to for some reason—I am not sure if it make a policy decision that would say small businesses from the Government. was politics, I am not sure if it was an that our Armed Forces, instead of rely- The limit was put in there in the 1970s. election, I am not sure because I have ing mostly on Active and a little bit on Of course, that has changed a great not gotten an answer yet from anyone our Reserve, decided because it is less deal. Here again, the purpose is to en- about why it was left out. Obviously, expensive we are going to rely more on courage businesses to build up so they we had $137 billion to spend, and we our Reserve and a little less on our Ac- can, in fact, hire people, and we do spent it. We allocated it, but not for tive. something for jobs. the Guard and Reserve. We didn’t tell them that because There are a number of things here We send the Guard and Reserve to they signed up 10 years ago and we that are very good. the front lines. According to Secretary have been making these decisions in As I said, we need incentives for the Rumsfeld, we sent 640,000 men and the last couple of years. They sign up. small production oil wells. If you have women, 5,000-plus from my State of They weigh the pros and cons. They an oil well that does not produce a lot Louisiana, to the front lines. We can’t want to serve their country. They are of oil, the fact is there is an incentive even send them with a full paycheck. patriotic. They say, I will make the in here for marginal wells—to have a Some of us thought, gee, if we have sacrifice. But then we changed the production tax credit for electricity this tax bill going through, we have to rules on them. It is not their job to fix produced by renewable sources—geo- fix this problem with the World Trade that. It is our job to fix it. thermal, solar energy, those kinds of Organization, and surely in the middle We had a bill coming along. It start- things which we have been looking for- of this war at this time we could spend ed 2 years ago. I thought: this is a per- ward to in the energy package. $2 billion to give tax credit. If we didn’t fect time to fix this situation. Here is Obviously, I think anyone in effect have the $2 billion, I certainly would the money. It is small businesses that can find some things in here that not have suggested that we spend it. are writing these checks to keep their wouldn’t be their choice. On the other But we have $137 billion in this bill. pay whole, and surely this country hand, this is a jobs bill. It is designed I am confused. My constituents are would find money in this bill to do to encourage the economy and create confused. The men and women in the this, and then whatever else they want jobs. That is what it is all about. armed services are confused and their to do is fine with me. But, oh, no. I get a little concerned when we seem families are wondering and are very Let me make another point about to direct more attention toward the puzzled: How could we possibly be giv- what the Senator from Wyoming said. election which is coming up. I will be ing away $137 billion to businesses here He said something along the lines that happy when that is over so we can talk and abroad and leave them out? jobs are created by tax cuts. We have a little bit more about the merits of I am going to stand here for a couple to have tax cuts for businesses to grow. the issues. That is what we are here of days and talk about it. I don’t have I think that is partially correct. I don’t for. It would be a good idea if in fact an explanation for it. I don’t want to think just any tax cut at any time that is what we do. go home because I don’t know what I makes business grow, but I will give I yield the floor. would tell them. him that. But I will tell you what The PRESIDING OFFICER. The Sen- When the Senator from Wyoming makes businesses in America grow. I ator from Louisiana. says it is politics involved in the oppo- will tell you what no business could op- Ms. LANDRIEU. Madam President, is sition of this bill, I think that is a good erate without. I will tell you in large there a specific order under the unani- question. I am not sure of the answer. measure what this war is about. It is mous consent agreement? But I would like to say it this way. Is about economic freedom. It is about The PRESIDING OFFICER. The ma- politics in any way involved in the pas- global trade. It is about peace in the jority has up to 30 minutes of debate. sage of this bill? This bill, $137 billion world so people can make a profit. No Ms. LANDRIEU. I ask unanimous for every corporation, or many cor- business in this bill could possibly consent to speak for the next 10 min- porations that you could think of, big function without the men and women

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10800 CONGRESSIONAL RECORD — SENATE October 8, 2004 in the Active or Reserve units. They The PRESIDING OFFICER. Without than 1.5 million jobs have been created; wouldn’t exist. Yet we have this bill to objection, it is so ordered. 1.3 million jobs in 2004 alone. The un- help companies and businesses, and we Mr. HARKIN. Reserving the right to employment rate of 5.4 percent today is can’t help the men and women taking object, I hope the Senator’s time—I well above the average employment the bullets. make it clear that under the consent rate of the 1970s, the 1980s, and the I am not voting for a bill like that. I that the Senator’s time, however much 1990s. For the last 12 months, the urge my colleagues, if they have de- time he uses, be counted as running American economy has grown faster cided how to vote, they might want to with the bill. than the economy of any major indus- change their minds. I hope maybe peo- The PRESIDING OFFICER. That is trial nation. ple listening in their States, and correct, it is. Today’s Department of Labor and maybe some of the families who have Mr. ALLARD. I thank the Senator Bureau of Labor Statistics report, actually lost soldiers on the front lines from Iowa for clarifying that. which, by the way, measures payroll— might call their Senators, and say, THE ECONOMY that is an important distinction that I Senator, if you do not mind, what Sen- We are here today at the end of the will talk about later—according to ator LANDRIEU is saying makes sense. session. We have some important legis- that report, the economy added 96,000 Please don’t leave me out of the bill. lation yet to act on: this legislation new payroll jobs in September, con- You put me in the war. Don’t leave me that deals with the economic health of tinuing an upward trend in job cre- out of the bill. You put me in the pho- this country; it is legislation that deals ation. Employment gains over the last tograph, don’t leave me out of the with the security of this country. We 4 months totaled more than 405,000, and budget. have been working all session on these this year the economy has added an av- I will say one more thing before my two issues primarily, with a plethora of erage of 170,000 jobs per month. Manu- 10 minutes is up. other issues, but we do have some very facturers have increased hiring in 6 of I know something else about military important bills. The FSC/ETI bill is the last 9 months and are responsible for more than 70,000 jobs so far this families, and it is what I love about important, obviously, to sustaining year. And we still have October, No- them the most. They never even want and continuing the economic growth. attention. I have had a little bit of a vember, and December to go. We have the intelligence bill, the con- Unemployment remains steady at 5.4 difficult time getting some of the fami- ference report. That is important for lies to call me. Do you know why? Be- percent, exactly where it was when the security of this country. We have President Clinton was reelected in 1996. cause these men and women under- the Department of Defense authoriza- stand what sacrifice is all about. They Unemployment peaked more than a tion bill, which we are still waiting to year ago in June of 2003 at 6.3 percent, didn’t sign up to get rich. They didn’t get passed out of the Senate, the con- sign up to get an award. They don’t and the labor force has increased by al- ference report to that. That is also most 950,000. The overall number of un- really advertise their bravery every very important. day, not like some people around here employed has fallen dramatically by I will talk a little bit about our econ- 1.2 million since June of 2003. The eco- who cannot wait to show their awards omy because today an economic report off, et cetera. The men and women in nomic policy of this President, what we came out. When we look at this eco- have been doing in Congress, has been uniform don’t do that. So it is hard for nomic report with all that has been them to ask. working. happening through 2004, I don’t see how I will take a little time and talk I want them to know it is my job as anyone can deny this has not been a their Senator to ask for them and to about the other survey that we have good year for America’s economy. out there, the household survey. There fight for them. I don’t blame them for I think back a little bit when Presi- not wanting to have their names used. are some remarkable things happening dent Bush was elected President and in the household survey. It has in- They want to feel self-reliant. But I what kind of economy he inherited will be darned if I will sit here and creased more than 2.2 million since from the Clinton administration. The April of 2003. Those are fantastic fig- watch this $137 billion get out of this economy was going down. It was not Chamber and leave them behind. ures. They reflect the self-employed. doing well. As a result of that, the My colleagues, we are going to be They reflect people who work on a President decided to address the eco- here for a long weekend because I have part-time basis. They reflect people a lot of things to say about this. My nomic growth of this country and put who work out of their homes for var- time now is up, but I am not going far. in place tax cuts that did make a dif- ious reasons—maybe they have a high- I don’t live far from here. I am back ference. There were 3 years of tax cuts tech business and work through eBay and forth from Louisiana, and the put in place that took the burden of to market some products that they house I live in when I am here is four government off of the people of this have available, or perhaps they are real blocks away, so I am not far away. I country, and they produced. estate salesmen who have been work- would stay here for many days to talk The sector of this economy that pro- ing out of their home. This gets meas- about it. duces more jobs than any other is the ured in the household survey. Members in this Chamber feel very small business sector. I know because I The household survey measures much strongly about their Guard and Re- came from that sector. As a veteri- more of our economy than just the serve. They know the sacrifices they narian, I had my own veterinarian labor payroll report. That is exciting. are making and a mistake was made. practice, my small business, and I During those times when we had some Mistakes can be corrected. know how taxes can impact the bottom layoffs in the high-tech industry and At 6 o’clock today I am delivering a line of the business and how it can af- went through the high-tech slump, peo- letter to the White House. I will read it fect whether you have any capital re- ple who lost those jobs said, we are get- before 6 o’clock in the Senate. It is maining to buy new equipment. A lot ting some bonuses because when they being delivered to the President. It is of new ideas, or creation, comes out of were asked to leave the company they assumed in the letter that he didn’t small business, and too much regula- frequently gave them a bonus and they know about this personally, that it was tion has an impact. took some of the money to start their just something that did not come to In some ways, with the security chal- own business. his attention. But he has the power as lenges this country has faced, we have The most logical place to start a the President to fix it, and I hope that had to put in rules and regulations for small business is out of your home if he will take that action. business to be able to sustain their you can make it work. That is where I suggest the absence of a quorum. growth and create jobs. most of them started their business. The PRESIDING OFFICER. The The real choice we have is to do You keep your overhead down. You clerk will call the roll. something about the tax burden. It has have a phone, you can hook it to the The assistant legislative clerk pro- been working. I will share some of phone line. You can work out of there. ceeded to call the roll. those figures that came out today. What little money you earn you can Mr. ALLARD. Mr. President, I ask America’s economy is doing much put it back in the business or put it unanimous consent that the order for better than just good. It has been doing aside and hopefully buy more equip- the quorum call be rescinded. really good. Since August of 2003, more ment and maybe move into a larger

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2004 CONGRESSIONAL RECORD — SENATE S10801 building at some point in time when Another thing that happened to help cause it will help contribute to the that business takes off and begins to keep our economy moving was the in- continued growth of this country as far operate. creased child tax credit from $500 to as the economy is concerned. It will So I think it is important to point $1,000 per child. We also ended the mar- help to continue to make America out that the payroll numbers, as strong riage penalty. Married couples no more secure, and it will help because as they are, do not reflect the growth longer pay higher taxes than equiva- we need to have a strong defense for of self-employment. According to the lent singles, which eliminates a per- this country. household survey, employment has in- verse incentive against marriage. Today’s numbers, again, are good creased by more than 2.2 million, as I We also repealed the estate tax. news, part of a healthy, steady trend of said earlier, since April 2003. Again, Probably the most unfair tax we have growth and prosperity. these are fabulous figures. It reflects in this country is the estate tax be- I yield back my time, Mr. President. the ingenuity of a small businessperson cause the estate tax has been taxed Ms. LANDRIEU. Mr. President, I sug- who decides he wants to go out there once already, and sometimes taxed gest the absence of a quorum. and apply the American dream. He twice, and then when you die it be- The PRESIDING OFFICER (Mr. wants to start his own business. He comes a death tax and you have to pay BURNS). The clerk will call the roll. wants to be self-employed. He wants to again. The legislative clerk proceeded to be independent. And he wants to be his When a family, a small business fam- call the roll. own boss. ily in many cases, is struggling to try Ms. LANDRIEU. Mr. President, I ask I think America is on the right to get that small business to sustain unanimous consent that the order for track. itself during an untimely death in the the quorum call be rescinded. Now, the National Bureau of Eco- family, then along comes the estate The PRESIDING OFFICER. Without nomic Research determined that the tax and whacks that family hard. Many objection, it is so ordered. latest recession ended in November of times these are farmers and ranchers The Senator from Louisiana. 2001, well after this President was who have been struggling to try to save TAX RELIEF sworn into office. Today’s numbers are their farm or ranch. In States such as Ms. LANDRIEU. Mr. President, I further evidence that the doom and Colorado, where we are getting a lot of thought I would take the next 15 min- gloom of those challenging the policies rapid growth, there is a demand for utes or so to review a couple points of this President is simply unfounded. real estate, and many times these about the tax relief bill we are consid- We have created and we are wit- farmers and ranchers are forced to sell ering adopting. There are three or four nessing the impact of policies that en- to developers or somebody else who is major pieces of legislation that the courage growth. What did we do? We going to use that land for something Senate is trying to finish in the next lowered tax rates on personal income else other than the production of crops couple of days. One of them is the reor- for all taxpayers. The top marginal ganization of homeland security and rate was reduced from 39.6 percent to 35 and livestock. The end result is, we lose an opportunity to have an open the Intelligence Committee. One of percent, and a 10-percent bracket was them is the tax relief bill that we have introduced. Where did the real impact space available in States like Colorado where there is a desire to have a con- been working on for 2 years. There are of this fall? It fell on small businesses other issues that this Congress is in this country. It helped them grow siderable amount of open space. Home ownership is at an alltime struggling to get finished in the next and prosper. It helped them create a lot high. I am pleased to be able to join few days, but the most important issue of the figures you are seeing out of the to me and the one I would like to spend household survey—favorable figures, with the President in putting forth the a bit of time talking about now is the fabulous figures, I might add. American Dream Downpayment Act, We lowered taxes on business invest- where we provide some well-deserved tax relief bill that was put together by ment, including a much lower tax rate, dollars to people, first-time home buy- many of us, or tried to be put together 15 percent, on dividends and on long- ers, in this country. This is for people by many of us, over the last 2 years. term capital gains. Of great impor- who have been paying rent who could That started out for a very good pur- tance is the tax cuts allowed businesses be owning the same type of dwelling pose and a very good reason because to more quickly deduct the expenses of except that the only problem keeping there was a trade decision made by the their investments in machinery, com- them out of their own house, their own WTO that called into question the le- puters, and software. American compa- personal dwelling, is the fact that they gitimacy of some part of our Tax Code nies have responded by employing more cannot make the downpayment. So relative to certain businesses. people and investing more money in this piece of legislation was desired to We had to take some action or our equipment and facilities. And in what help those individuals. By the way, businesses would have been fined part of the business sector will you see many of them are minorities. As a re- through the WTO because the Euro- most of that happening? You will see it sult of that act, we are beginning to pean Union had prevailed in their argu- happening in the small business sector. see a lot of growth in home ownership, ment. So our tax writers got busy and Now, small businesses, they can be and particularly among minorities it is tried to fix that. We need to fix it. But organized in a number of different getting much better. what has happened is, we have done ways. They can be organized as indi- There are a lot of positive effects more than fix. We have really messed vidual entrepreneurs. They can be or- that happen with home ownership. The up some things. Unfortunately, ganized as partnerships, various legal children tend to be better educated. inexplicably, and as a grave injustice, organizations. Family businesses will They become better citizens in their we didn’t take care of our men and even incorporate. Professionals like communities. They tend to be more women in uniform. For the men and myself, we have professional corpora- stable. They are not moving around as women who are taking care of us on tions that we organize in. So when we much. They care; they take an active the front lines and suffering pay reduc- talk about separating business out into role in what is happening in their com- tions, we are letting pass the oppor- various sectors, no matter how you do munity. tunity to make their paychecks whole. it, somehow you are going to affect the Home ownership is another good I am going to spend a few hours over small business community, where we story that is coming out of this admin- the next couple of days talking about see most of our economic growth. istration. Sometimes I just do not that. Before I do, let me share a fact So we have to be careful about at- think we talk enough about it, but it is that maybe some might not realize. We tacking corporations and attacking important. It is important to commu- have always had men and women in our businesses in general because they do nities, and it is important to families. Guard and Reserve units create the jobs in this economy. They So I summarize and say the good supplementing our Active Forces. But create employment. They are what news today is something we need to never in the history of this country America is all about; that is, the prin- work hard to sustain. It is important have we relied on the Guard and Re- ciple of free enterprise and people hold- we draw this session to a close. We serve to the extent we are today. ing their own property and being able have some important pending legisla- Let me share that in the Berlin crisis to move themselves up in society. tion. We need to get that passed be- of 1961, we called up 148,000 reservists;

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10802 CONGRESSIONAL RECORD — SENATE October 8, 2004 in the Cuban missile crisis, we called When September 11 hit, we needed and the Las Vegas Journal have all edi- up 14,000; in the Vietnam war, we called them and we called them. And they torialized against this bill for different up 37,000—for a total of almost 200,000 went. And 41 percent of them are going reasons. I am hoping that many of from 1953 to 1989. with a pay cut. Some of us got to- these newspapers and others that are You can see from this chart that just gether, Republicans and Democrats on listening will begin to focus on this in the last 12 years, in the Persian Gulf the Senate side, Chairman GRASSLEY issue as to a reason why we should vote War, the invasion in Haiti, the Bosnia and our ranking member, Senator BAU- against this bill, send it back to con- peacekeeping, Operation Southern CUS from Montana, and fixed that. ference, redo it. Watch, which is ongoing, the Kosovo Since we have a big, fat tax bill going We all make mistakes. This was a big conflict, and Iraq and Afghanistan— through, couldn’t we possibly give a mistake the House Republican leader- and this list is not completely up to little bit of money to the businesses ship made. I say basically this is a pay- date—we have called out 364,000 guards- that are keeping those paychecks check that we send to our soldiers. men and reservists to supplement our whole, filling the gap, giving us extra Their average pay is $30,000. According Active Forces, to protect this country, strength, Active and Reserve, to pro- to our own report, these soldiers are to defend this country. These troops tect us? getting a 41-percent pay cut. We could But for some reason, once the bill have been willing to go at great sac- have done something to help them, but left here and got over to the House Re- rifice, but the least we could do is keep we chose not to. So I am going to vote their paychecks whole. The least we publican leadership, it got taken out. I know Senator BYRD is here to speak against this bill. I know other Senators could do, if we are giving out tax cred- so I will wrap up my comments in just are joining me in letters being sent to its and tax cuts to other people, is in- 5 minutes. I know he wants to speak, the conferees, which evidently did not clude them in the bill. This conference perhaps a little about this and other make an impression on them—at least report that this Senate is considering subjects. But I want to say a few things not to the point where they kept our over the next couple of days, $137 bil- that the newspapers are saying about provision in. That was passed by 100 lion, left them completely out. this bill. votes here, Republicans and Demo- We talk about helping small busi- Let me be clear. I don’t oppose this crats, and it would be paid for with an ness. This is a picture of one of our sol- bill for any other reason other than the offset. We didn’t ask for this provision diers. We left them out but we put in fact that the $2.4 billion tax benefit to to be included without paying for it. It ceiling fans. I know people are not employers for the Guard and Reserve is even paid for. But they decided—the going to believe this, because it is hard to help keep their paychecks whole leadership, Chairman THOMAS and, I to believe. But the guardsmen and re- while they are on the front line was guess, Congressman DELAY and Speak- servists and their employers who keep left out. There are other provisions of er HASTERT—we could not afford it. their paychecks whole while they are this bill that are questionable. There Let me again say for the record that on the front lines so they can pay their are other important issues that have there is $137 billion in this bill. The bill mortgages, pay their car notes, con- been raised by the Senator from Iowa, started out as being a $50 billion fix tinue to contribute to their children’s Mr. MCCAIN from Arizona, and the Sen- over 10 years. That was the cost of fix- college trust fund, or just keep their ator from Massachusetts. Those are le- ing the problem we originally started household together, the employers of gitimate arguments as well. to correct. It grew and grew and grew. this country, small employers and But leaving the Reserve and the Everyone, it seems, was added in, ex- large employers, are doing the right Guard out and their patriotic employ- cept the men and women who are tak- thing, the patriotic thing, not man- ers is more than I can bear to be silent ing the bullets morning, noon, and dated by the Government but out of about. night. their own good heart, digging deep, This is some of what some of our It is hard for me to go back to Lou- keeping those men and women on the newspapers are saying about the gen- isiana and explain this. I am not sure I front line with a full paycheck. eral bill. could explain it adequately to the 5,000 We had the opportunity to give them The Washington Post, October 8: families who are currently serving on a modest tax credit so they could keep The bill is aimed at ending a transatlantic that paycheck whole and hire a tem- trade war by scrapping certain illegal tax the front lines. Why should they pour a porary worker to take the spot of that subsidies for U.S. exporters that have little water into the cereal bowl, as one guardsman or that reservist who went brought on retaliatory action by Europe. But woman wrote to me, trying to make overseas to protect us. And we couldn’t in the version approved last night by the ends meet? Why did some of them lose House, that modest goal is largely over- their houses because their notes pile up find one line, one paragraph, not one whelmed in a preelection package of benefits word in a $137 billion tax relief bill for and they cannot pay the bill when they for dozens of constituencies, including get home? What could we be thinking every conceivable commercial, indus- NASCAR track owners and mall builders. as to the justice of losing an auto- trial, or manufacturing interest in the That is the opinion of the newspaper. country, for our guardsmen and reserv- mobile, losing their retirement, losing Again, I don’t know if the NASCAR their college benefit, or having to ists. track people are deserving or not. I want to show you the state of our make them stretch and sacrifice when Many people enjoy NASCAR in my we could help them? If we could not af- Active Reserve. Sometimes pictures State. Maybe they are. But I can prom- help us to understand. I know this sub- ford it, if we didn’t have the money, ise you that nobody in my State thinks that would be one thing. This is $137 ject can be complicated, but it is actu- NASCAR owners or investors or ceiling ally very simple. We just didn’t put our billion. Why could we not have given fan importers deserve a tax break more them $1 billion, or $2 billion, or half a Guard and Reserve in the $137 billion than the employers who are keeping billion? Or even if you could not give tax bill. We put everybody else in, but whole the paychecks of our men and them the money, write something in we left them out. I am going to stand women on the front line. I can promise the bill, for Heaven’s sake, and tell here until I get an answer why. you that—not a one. I don’t know of a them you understand they have a 41- In 1940, at the height of the Second business or a mall or a retail establish- percent pay cut and you are sorry you World War in the 1940s, this was the ment that thinks they should get in cannot fix it today, but when we get Army troop strength. This is where we line before the Guard and the Reserve. had to go in the Second World War to It was a long line. This is what I call another bill, we will try later. defend. This is in the thousands, so it a long line. This is not a thin bill. This Not even a comment. was 600,000 to defend our Nation. Be- is not a one-page bill. This is a lot of When they go off to war, they don’t cause we, of course, won that war, won lines and a long line. They didn’t even make a lot of comments to us either, the Cold War, defeated communism, we get in the middle of the line. They other than I am going to my post, I am have dropped the active strength force didn’t get in the end of the line. They going to do my job; I will see you when of our troops down to probably the low- didn’t get in at all. It is a grave injus- I get back. Take care of my family. est level since 1942. What fills this gap tice. That is all they say to us. We could not is our Guard and Reserve that are The New York Times, the Boston even get a paragraph of gratitude in called up when we need them. Globe, the Minneapolis Star Tribune, this bill.

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2004 CONGRESSIONAL RECORD — SENATE S10803 Senator BYRD is going to speak. I the other body across the way. The CIA son we sent our men and women to will speak a few more times this week- conducted its own extensive search for war? Mr. President, unbelievable, unbe- end about this. I am doing as many more than a year. Did anything turn lievable, incredible. Too bad that the interviews as I can, explaining this to up? No. No stockpiles of dangerous White House does not hold Halliburton people and handing out material. I am germs, no warehouses of poison gases, to the same standard. still waiting for Chairman THOMAS to no nuclear weapons. The truth is that the President either write me, send me a note, write They say, well, Saddam Hussein has changes his reasons for the war more a letter, make a comment in the news- used these on his own people. Of often than he changes his socks. On paper, or meet me for a debate about course, he had some years before. I can March 19, 2003, the day he sent Amer- why he took them out of the bill in the understand how many Senators were ican troops into battle—many of them middle of the night, when the cameras misled by the statements of the admin- never again to return to their homes, were not on, and there is virtually no istration and, in particular, the state- their families, their native soil—the record of the discussion. I don’t know. ments of the President and the Vice President said: The people in my State would like to President and others on the President’s The people of the United States and our know. team. friends and allies will not live at the mercy I yield the floor. In fact, the CIA report finds that the of an outlaw regime that threatens the peace The PRESIDING OFFICER. The Sen- truth on the ground in Iraq was almost with weapons of mass murder. We will meet that threat now with our Army, Air Force, ator from West Virginia is recognized. the exact opposite of what the White Navy, Coast Guard, and Marines so that we Mr. BYRD. Mr. President, how much House had claimed in the runup to the do not have to meet it later with armies of time do I have? war. Contrary to the President’s state- firefighters and police and doctors on the The PRESIDING OFFICER. The Sen- ment, the CIA report says that Saddam streets of our cities. ator has up to an hour under the clo- had no active WMD programs, and he I have heard that so many times. The ture rules. didn’t have even so much as a plan to President did not say a peep—not a ANOTHER WHITE HOUSE EXCUSE FOR WAR restart them. Despite the Vice Presi- peep—about the Oil for Food Program Mr. BYRD. Mr. President, I thank dent’s insinuations, the CIA found no on the day he ordered our brave men the distinguished Senator who is pre- secret plans for Iraq to attack the and women to march on Baghdad. Talk siding over the Senate with a degree of United States. Despite the National Se- about flip-flops. Yet despite all that dignity, poise, collection, and curity Adviser’s warnings of mushroom has gone wrong in Iraq—the failure to composure, as it is so rare today. I clouds, the CIA found that Iraq’s nu- find weapons of mass destruction, the thank Senator BURNS. clear weapons program was dormant failure to stabilize postwar Iraq, the Mr. President, I thank the Senator and decaying. failure to share the burdens of occupa- who has been speaking, the Senator Now, the White House is desperately tion with our allies, the failure to from Louisiana. She tells a story that trying to have their spin machine gen- equip our soldiers with the body armor many of my Guardsmen and Reservists erate a new reason for the war. We they need, and the deaths of 1,061 and their families can also relate to. I have seen a litany of reasons as time American troops as of my last reading compliment her on standing on the has ensued following March 19, 2003—a of the press the President maintains floor. She has courage and determina- litany of reasons. When one reason was that he would do everything the same tion. When she says she is going to stay shot down, when one reason proved to if he had to do it over again. here until she gets some satisfaction be wrong, the White House always Well, I hope not, and I hope the Sen- from other Senators, she means that. I came up with another reason, another ate of the United States would not do know that. I thank her for her kind ref- reason, another reason we sent our the same thing it did before if it had to erence to me. men and women to war, the first war do it over again. I spoke out against I will not speak longer than 15 min- fought under the pernicious doctrine of that nefarious, terrible action, sending utes, after which the Senator may re- preemption, the Bush doctrine of pre- our men and women to their deaths in sume if she so desires. emption. And regardless of how many Iraq, in a foreign land, spilling their On Wednesday, October 6, the Senate times the President may seek to salve blood in the hot sands of the Middle Armed Services Committee received the conscience of his administration, East. For what? For what? testimony from the top CIA weapons the fact remains that Saddam Hussein The President maintains he would do inspector in Iraq. The report of Charles was not an immediate, imminent everything the same if he had to do it Duelfer explains in precise detail the threat to the security of the United over again. Maybe he would. Surely he facts that the American people have States. I said so at that time. It was should learn from what has already long ago realized: that Saddam Hussein the wrong war at the wrong time in the happened. The American people might had no weapons of mass destruction, wrong place, and I will say that again not stand again for that. and that Iraq never posed an imminent and again. Mr. President, the fog of war is be- threat to the United States. I said that The President, on his way to a cam- ginning to lift and for the first time, at the beginning, before we voted on paign stop in Wisconsin, has tried to the American people are beginning to that nefarious resolution on October gloss over the collapse of his central see the war in Iraq on clear terms. As 11, 2002, to shift the power to declare reasons for a preemptive war. Accord- cruel as Saddam Hussein was to the war, which is set forth in the Constitu- ing to the Associated Press, the Presi- Iraqi people, he was no imminent tion very clearly, as being reposed here dent said: threat to the American people. That is in the Congress of the United States; The Duelfer report showed that Saddam why we went to war. That is why this instead, to shift that power to the was systematically gaming the system, administration led this country into a hands of a President. How shameful. using the U.N. Oil for Food Program to try war against a nation that had not pro- How shameful that we turned our to influence countries and companies in an voked us, had not attacked our coun- backs—the Senate and House collec- effort to undermine sanctions. try. That was the Bush doctrine, and it tively—on the Constitution of the So does the President mean to say he is the Bush war. United States. launched this war to stop waste, fraud, Saddam Hussein had no links to the The fact that weapons of mass de- and abuse in a U.N.-run humanitarian 9/11 attacks, and yet a majority of the struction have not been found in Iraq is program? Does the President mean to American people I noticed in some nothing new. Our military has been on say that Saddam Hussein’s greed was polls not too long ago, believed at the the hunt for banned Iraqi weapons the reason that 225,000 American troops time the polls were taken that many since March 19, 2003, when President were sent overseas, away from their or, indeed, most of the attackers, most Bush ordered the invasion of Iraq under families, their loved ones, and their of the hijackers on 9/11 were from Iraq. his nefarious doctrine of preemption— communities, to attack Iraq? Are we to That is not the case. Not one, not a sin- preemptive war—a doctrine that believe that the President now seeks, gle one of those 19 hijackers was from squarely contradicts the constitutional once again, to justify his war against Iraq, and yet this administration would powers given in the Constitution as Iraq because Saddam was cheating the like to have the American people be- having been reposed in this body and in Oil for Food Program? Is that the rea- lieve that it was otherwise.

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10804 CONGRESSIONAL RECORD — SENATE October 8, 2004 I guess they lie awake at night con- most important issue before our coun- [From the Officer, Dec. 2003] cocting new ways in case this fails, in try. I thank him for his kind words, EMPLOYER SUPPORT GROWS case it is shown to be wrong: Where is and I want to thank him for his contin- ‘‘I know of no other time in our nation’s the next fallback? What do we fall back ued leadership. history when so many employers have volun- on next? Iraq was not the central front As we get toward these evening tarily offered this level of support and bene- of the war on terrorism until President hours, I remind my colleagues— fits,’’ Secretary of Defense Donald H. Rums- Bush invaded and unleashed a Mr. BYRD. If the distinguished Sen- feld wrote in September to employers of Re- servists and National Guard members called firestorm of anti-American sentiment. ator would yield, let me thank her for her most charitable comments con- to active duty in the global war on ter- The President’s postwar strategy has rorism. been a failure. The President’s hand- cerning this Senator. She graces the In his open letter of thanks and praise, Mr. picked envoy to run postwar Iraq, Am- Senate from the great State of Lou- Rumsfeld expressed ‘‘the deepest apprecia- bassador Bremer, said there were never isiana. She does her work. She is deep- tion of this department and the United enough troops to stabilize Iraq. The ly dedicated. She is on the Appropria- States government for your unswerving sup- President himself, in a rare acknowl- tions Committee, on which I have had port of our nation’s military.’’ His letters edgment of fallibility, admitted on Au- the good fortune to serve for many were sent 29 September 2003 to directors of major employer associations and govern- gust 27, 2004, that he had miscalculated years. I thank her for what she is doing for her people. I thank her for what she ment agencies who are asked to then dis- the danger of postwar Iraq. Yet the tribute them to their members. President still has no exit strategy for is saying on the Senate floor. I thank Many employers ‘‘did more than was re- Iraq. How long will the American peo- her very much. I appreciate it. I appre- quired by law by voluntarily offering contin- ple have to wait to hear from this ciate the fact that she is my colleague ued benefits, pay differentials, and addi- President and this administration an and shares the concerns of my people tional, creative forms of family support, exit strategy? How long will we have to in what she is saying today. which made the period of separation so much easier to bear,’’ Mr. Rumsfeld noted. He said wait for a plan from this administra- Ms. LANDRIEU. I thank the Senator. My colleague is so right that the men that without the continued support, ‘‘we tion to bring our men and women home could not maintain a strong military or sus- with honor? and women of West Virginia have served so bravely and so willingly, as tain the current effort to overcome the The White House still refuses to ac- international terrorist threat directed at our knowledge that Iraq has been turned so many people from our States have country, our citizens, and all who love free- into an international basket case due served in the Active Forces and in the dom.’’ to an unprovoked and unjustified war. Reserve and the Guard and, as I said In concluding, the Secretary of Defense Instead, the White House has paralyzed earlier in my remarks, do so without wrote: ‘‘You have my deepest thanks. Your direct contributions and support are another our military, has paralyzed our diplo- the expectation of fanfare. They do not want awards. They do not even want illustration of America’s greatness as a na- macy and our allies by maintaining we tion.’’ must continue to stay the course. Stay that special attention in their communities because they are so proud to Since 11 September 2001, that employer what course? Keep on with the same? support has been extended to more than serve and they are so willing to serve. Mr. President, 1,061 dead and counting, 350,000 Reservists and Guard members who That is what makes me want to stay on and we are supposed to stay the course? have been mobilized and demobilized. This this Senate floor even more for them, What our Iraq policy needs is change, commitment is documented in the charts on knowing that about these families. not more of the same. the pages that follow, summarizing cor- I will read a few things into the porate policy for 185 of the Fortune 500 com- The original rationale for preemptive RECORD during the 10 minutes that I panies when Reservist/Guard employees are war against Iraq has collapsed. The have to build this argument and get called to emergency active duty. Replies rep- CIA’s new report on the absence of out these facts about this important resent 112 new responses (compared with 91 weapons of mass destruction is the issue. One of the three or four impor- last year) adn 73 repeats from previous years. On the charts, as well as in this article, as- final nail in the coffin of the adminis- tant pieces of legislation we are trying tration’s prewar claims. How long will terisks indicate responses from last year or to make decisions about in the last 2, 3, two years ago. For many companies, policies the American people be content with a 4 days of this Congress is whether this President who refuses to acknowledge represent upgrades since 9/11 and are usually bill, which is called the FSC bill—it is for implementation during the period of the the disaster caused by his doctrine of a tax cut bill which modifies many sec- terrorist threat. preemptive war? How many more tions of the Tax Code—should pass or if Of the 185 companies listed, 19 provide full American men and women will have to it should not. I am going to vote salary; 17 provide salary plus differential; 137 shed their blood in the hot sands of the against it because the Guard and Re- provide differential; nine provide no salary Middle East? How long will our troops serve were left out. The people on the or differential; and three reply either vague- ly or ‘‘do not participate in surveys.’’ struggle against a tide, the increasing front lines taking the bullets, taking COMPANIES THAT LEAD tide of violent anti-Americanism that the cut in pay to serve us, and risking this terrible misbegotten war has their lives were in the bill when it left From among the 19 where full salary is spawned? How long will the United provided, companies that lead the way are the Senate, but because of the House #26 J.P. Morgan Chase & Co., full salary States of America be tied down in a leadership they were left out. Middle Eastern country while other from 9–11–01 through 3–31–04; $69 American This bill is $137 billion, and if we Express, #179 MBNA, #187 *Schering-Plough, threats at home—here at home—go could not afford $2 billion of this $137 and #397 MGM Mirage, for the duration; and unaddressed? How long, Mr. President? billion for them, then I do not know #242 *First Data and #355 W.W. Grainger, for How long? what we can afford because none of us one year. Mr. President, I yield the floor. would be here without them and none Among the 17 with a combination of salary The PRESIDING OFFICER. The Sen- of the businesses benefiting from this plus differential, companies with the most ator from Louisiana. bill would be able to actually operate, generous packages include #235 General Mills, salary for one month and differential BUSINESS IS DOING ITS PART function, have a license, or have the Ms. LANDRIEU. I ask unanimous for the duration, plus a $300 monthly Mili- freedom to function or enjoy the free tary Leave Allowance; #51 *Dow Chemical, consent to speak for 10 minutes. I see enterprise system that has been cre- salary for two months and differential for other colleagues on the Senate floor. I ated over 220 years without the men the duration, not to exceed five years; #199 will take the 10 or 12 minutes I have re- and women in the armed services. United Services Automobile Assn., salary for maining, if I might. Some of us were silly enough to be- one month and differential for up to two The PRESIDING OFFICER. Without lieve that in a bill that was $137 billion, years; #215 National City Corp., salary for six objection, it is so ordered. they could get in at the top of the list, months and half-salary for six months; #419 Ms. LANDRIEU. Mr. President, I but we were mistaken because they did **Pacific LifeCorp., salary for six months and differential for six months; #92 Coca- thank the Senator from West Virginia not even make the cut. for the kind words he spoke before he Cola, salary for three months and differen- I ask unanimous consent that this ar- tial for 275 days; #183 *AFLAC, salary for made the very important points he has ticle be printed in the RECORD. three months, then one month of differential made this evening and throughout the There being no objection, the mate- for each year employed to equal annual sal- course of actually the last few days. rial was ordered to be printed in the ary; #5 General Electric, salary for one The challenge we face in Iraq is the RECORD, as follows: month and differential for 11 months; #74

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2004 CONGRESSIONAL RECORD — SENATE S10805 Georgia-Pacific, salary until last day of ued benefits, pay differentials, and addi- Ms. LANDRIEU. Unlike some of the month when employee reaches 30 days of tional, creative forms of family support, leaders who just write these employers service and differential until 12th month is which made the period of separation so much letters and tell them what a good job reached. easier to bear, Mr. Rumsfeld noted. He said they do, I want these employers—Con- In past surveys, where ‘‘the duration’’ or that without the continued support, we could ‘‘one year’’ was considered the ultimate in not maintain a strong military or sustain oco and Chevron and Alcoa and All differential payment, that standard has the current effort to overcome the inter- About Music and Allianz Life Insur- changed since 11 September 2001. The fol- national terrorist threat directed at our ance Company and American Electric lowing first five groups have continued to country, our citizens, and all who love free- Power, American Express, the Amer- raise the bar for the 137 in this category, as dom. ican Stock Exchange, and I could go on they join with the duration and one-year Those are beautiful words. My col- and on, 250 Central, 3M—there are providers: Maximum of Five Years: #15 Boeing and leagues would acknowledge these are pages of them—I want to tell them all #77 BellSouth. beautiful words. The problem is, they that there are a few Senators, some Re- Three Years: #10 Verizon Communications, are only words, because when the ad- publicans and some Democrats, who #56 Lockheed Martin, and #141 Lucent Tech- ministration that Secretary Rumsfeld are going to do more than send you a nologies. works for and the House Republican letter. We would like to send you a tax Two and One-half Years: #22 AT&T, #30 Sears, Roebuck, #54 Sprint (continues to be leadership that follows his lead and his credit and we think you deserve it. extended since 9/11), and #105 Raytheon. direction put together a $137 billion tax You didn’t really ask for it. We un- Two Years: #128 Wyeth, #315 *Eastman package, they did not think they could derstand that because you are digging Chemical (two years at 80 percent of dif- find the room, the time, the energy, or deep. But we are going to give tax cred- ference), and #335 Avaya. the concern to really thank the em- its out to everybody in the world, it 18 Months: #11 Altria Group (through 10 ployers by giving them part of this tax looks like, because we have ceiling fan September 2004), #50 ConAgra Foods, #80 importers and NASCAR race investors; *Electronic Data Systems, #116 **Xerox, #177 cut. They decided to send them the **Southern, #814 *Dominion Resources, #200 brochures and the newsletters and the we have shipbuilders—many of which Pepsi Bottling, #224 Entergy, #301 Rohm & go-for-it congratulations kind of let- are in my State and they know I sup- Haas, and #408 Hormel Foods. ters, but the real people who they port them—but we can’t find a tax Duration: #3 **Exxon Mobil, #6 Citigroup, wanted to help or the people they credit to help these companies that are #8 **International Business Machines, #37 thought deserved the most help were sending paychecks for the front line to **Pfizer, #49 United Technologies, #52 Mara- keep our soldiers prepared to fight and thon Oil, #72 Tyson Foods (retroactive to 9– actually in the bill. 11–01), #79 *Bank One Corp. (salary offset by I think this is pretty clear evidence defend our country when really it is 5/7 of military pay), #85 Caterpillar, #127 that the words that are sometimes the Federal Government’s responsi- Household International, #140 PG&E Corp., written by leaders do not really convey bility. #156 **Union Pacific, #170 Pacificare Health what actually happens, that really If they said we didn’t have the Systems, #211 Public Service Enterprise what happens is what is in the budget. money, I would just sit down and say Group, #246 Calpine, #270 *DTE Energy, #304 When one is in the budget, they know we just don’t have it. We are running a NCR, #381 **CDW Computer Centers, and they matter, and if they are not, they deficit. We can’t afford it. But for me #486 New York Times. One Year: #7 Chevron Texaco, #12 do not. It is about as simple as that. to sit here and watch $137 billion fly ConocoPhillips, #32 *Freddie Mac, #35 I am going to submit a list of the em- through this Chamber and land in the Albertson’s, #42 J.C. Penney, #43 United Par- ployers—the National Committee for hands of whomever, but not these com- cel Service, #45 Walgreen, #57 *Prudential Employers supports the Guard and Re- panies, not our troops, not the people Financial, #71 **Archer Daniels Midland, #84 serve, outstanding employers. I have who are having a hard time paying Massachusetts Mutual Life Ins., #99 Nor- them all through my State. I am so their house note and keeping their throp Grumman, #100 Abbott Laboratories, proud of these small businesses, I do household together, it makes me lit- #101 *Sara Lee, #110 3M, #111 *Nationwide, #119 AT&T, #139 *Goodyear Tire & Rubber, not know what to do. erally want to just get on my knees. I #163 *Edison International, #172 **Eli Lilly, I had one of my mayors whose chief can hardly stand here. I really feel like #196 Williams, #231 CSX Corp., #249 Mead- operating officer was called out of the just falling out. Westvaco, #285 KeyCorp., #302 Thrivent Fi- city not once but twice, one of the I want to read a couple more things nancial for Lutherans, #303 Unisys, #350 Mel- most talented, remarkable public serv- into the RECORD. I only have a few lon Financial Corp., #392 *Harley-Davidson, ants. The whole city sort of suffers minutes. This is from Kristin who #393 Providian Financial, #399 *Energy East, when one of these skilled folks goes off, called in today from Portland. Her hus- #415 *Ball, #418 Ameren, #422 Adolph Coors, and I have heard his story out of Lake band is in the Army Reserve and has the two companies in #426 position, *Kerr- McGee and Wisconsin Energy, and #462 H&R Charles, LA. But they kept his pay- been in Iraq for about a month. She is Block. check going voluntarily. Many employ- anticipating a 50-percent cut in pay. Ms. LANDRIEU. This is from ‘‘Cit- ers keep the paychecks going. Her husband was a private consultant I thought, silly me, we have a tax izen-Soldiers and the Fortune 500. Em- project manager. bill. Could we not acknowledge the pa- ployer Support Grows.’’ The article We knew when he was activated that he triotism of these thousands of employ- reads: was going to have to be away, but to think ers in our country, big companies, that some in Congress aren’t even willing to ‘‘I know of no other time in our nation’s small companies, local governments, do something to help employers continue to history when so many employers have volun- pay him is hard to believe. tarily offered this level of support and bene- fire departments and police depart- fits,’’ Secretary of Defense Donald H. Rums- ments that are digging deep? There are Gwen from Minnesota, her husband feld wrote in September to employers of Re- no line items in their corporate budg- spent a year deployed in Iraq as a reservists and National Guard members called ets to pay people who are not at work, servist. He is a schoolteacher. He took to active duty in the global war on terror. but they do it anyway. We do not even a significant pay cut during deploy- In his open letter of thanks and mandate they do it; they are doing it ment. praise, Mr. Rumsfeld expressed the voluntarily. They do not put a line Because I talked to Gwen, let me add deepest appreciation of his Department item in their corporate budget: Pay a few things to this. Her husband has a and the U.S. Government for ‘‘your un- people that are not on the job that are doctorate degree. He is teaching swerving support of our nation’s mili- on the front line. But you know what. school, in either high school or elementary.’’ His letters were sent on 29 Sep- They do it. They do it for a good rea- tary school. He is a real double patri- tember to directors of major employer son—because 41 percent of the Guard otic American because, even though he associations and Government agencies and Reserve are taking a pay cut to has a doctorate degree and could teach that were asked to distribute them to serve on the front line. at a college or get some high-paying their members so their members would I want to submit for the record some job, he feels compelled to give his life know of the good works and good words the patriotic employers. to help children. of Secretary Rumsfeld. I ask unanimous consent to have In his spare time he goes to the front His letter went on to say: some of their names printed at the con- line. So what does our Government do Many employers did more than was re- clusion of my remarks. for Gwen and her husband? Send them quired by law by voluntarily offering contin- (See exhibit 1.) letters in the newsletter to tell them

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10806 CONGRESSIONAL RECORD — SENATE October 8, 2004 how proud we are. Then, when they are Regrettably, this decision has placed all of Caterpiller, Inc., Catholic Finance Corpora- not looking, in the dead of night, we us in a difficult position. While I endorse tion, CDW Computer Centers, Cendant owns pass a $137 billion tax cut and leave many aspects of the FSC–ETI bill, but I sim- [Avis & Budget rent a car agencies], Cendant them out? I don’t think so. ply cannot support a measure that places so Mobility, Cendant Mortgage, Cendent Cor- Sue, from New Orleans, her husband many lesser priorities ahead of our military poration, Center of Applied Technology families. North, Centex Rooney Construction, Central has been activated for a year and a half Mr. President, I respectfully request that Arkansas Veterans Healthcare System, Cen- but has not been deployed. Even so, her your exert your great influence to correct tral Connecticut State College, Cerner Cor- family is experiencing a 60-percent pay this injustice. Your willingness to veto this poration, Cerritos College. cut during his deployment. bill, or your insistence that a free standing Charles Schwab, Charter Consulting, Inc., Trish from Pennsylvania, her family bill be adopted, could redress this failure. Chautauqua and Erie Telephone, is experiencing a one-third pay cut. He Mr. President our troops need your leader- Cheaptickets, Chesapeake Biological Labora- is on his second deployment. They may ship on this matter. Let us not disappoint tories, Chesterfield County, Computer have to declare bankruptcy. Her hus- them. Sciences Corporation, Comsewogue School I might add, our troops need our District Board of Education, Con-Way Cen- band is in the Air Force Reserve. He tral Express, Con-Way Western Express, was deployed to Afghanistan last year leadership. I am sending this letter. I ConAgra, Concurrent Technologies Corpora- and is headed to Iraq in the fall. am sending a similar letter to Con- tion (CTC), Conectiv Power Delivery, We in Congress think we do a great gressman THOMAS. I hope in the next 3 Congentrix Energy, Congress Title, Con- job for these families by providing days that we are debating we may get necticut Light & Power Company, Conoco, them financial counseling. Let me say an answer that tells us either why they Conoco-Phillips, Consolidated Edison of New one thing. Most of the people I know in were left out or what we could do to York, Cook County, III. the Army and Reserve do a very good help them, because $137 billion is a lot Cooley Manion Jones LLP, Coors Brewing Company, Copperfield LLC., Cornerstone job managing their money. They are of money and they deserve to be in the Retirment Community, Corriher—Lipe Mid- happy for the help we could give them bill. dle School, Country Insurance & Financial and they are happy for the counseling I have ended my speech. I see the Services, County of Santa Clara, Environ- that they could sign up for, but I can Senator from Kansas on the floor and I mental Resource Agency, Parks & Recre- tell you what they really want. They yield the floor. ation, Covance, Inc., Coweta County Sheriffs just want a paycheck and they want a EXHIBIT 1 Department, Cox Communications, Cranston Print Works Company, Crowley Middle solid paycheck. They don’t want some- NATIONAL COMMITTEE FOR EMPLOYER School, CSX Corp., Cummins, Inc., Curtiss- thing to make them rich, not some- SUPPORT OF THE GUARD AND RESERVE Wright Corp., CVM, Inc., D. H. Griffin Com- thing to allow them to live in a man- OUTSTANDING EMPLOYERS pany, D. Miller & Associates, PA, Daimler sion or drive around in a Lexus, but 250 Central, 3M, 99th RRC, AMSA 113 (G), Chrysler, Daphne, AL P.D. (and City of they would like a real paycheck. We A.G. Edwards & Sons, Inc., A.K. Steel/ Daphne). could have helped them but we decided A.E.I.F., Abbott Laboratories, AC Nielsen, Dassault Falcon Jet—Wilmington Corp., this Congress had other priorities. Accenture, Accolades Awards and Trophy, Data Base Accounting Solutions, Inc., Data The last thing I want to submit for Adelphia Cable, ADT Security Services, Search Systems Incorporated, Davidson Aerojet Ordnance Tennessee, Aetna, Affili- the RECORD is a letter to the President County, Tenn., Davie Police Department, ated Computer Services, Inc/Riverside, of the United States that I am sending DeKalb County School System, Delaware, AFLAC, Ahold Information Services, Air Dell Computers, Delphi, Delta Faucet Com- right now. I am going to read it and Products and Chemicals, Alabama Rural pany, Department of Environmental Protec- then I am going to yield the floor to Water Association, Alchua County Sheriff tion, Department of Labor/Wage & Hour Di- the Senator from Kansas. Qffice. vision, Department of Military of Affairs, May I have order, please? Alameda County Sheriffs Office, Alamo Designer Checks, Deutsche Bank, DeVry The PRESIDING OFFICER. The Sen- Area Council of Government, Albany, N.Y., Inc., Digital Partners Inc., DirectEmployers ate will come to order. Albertsons, Inc., ALCOA, Alion Science & Association Inc., Discover Card Services, Ms. LANDRIEU. The letter says: Technology, Alkermes Inc., All About Music, Discover Financial Services, Discover Finan- DEAR MR. PRESIDENT: I am writing to bring Allianz Life Insurance Company, Allstate In- cial Services, District of Columbia (Wash- a grave injustice to your personal attention. surance Company, Alpha Industries, Altair ington, DC). During Senate consideration of the FSC–ETI Engineering, Inc., Alticor, Inc., Amazon.com, FISI Madison Financial, Fleet Bank of legislation, the members of the Senate added Amber Mechanical Contractors, Inc., Hartford, FIeetBoston Financial, Fleming a modest provision to assist our troops. GAO AMERESCO, American Electric Power Com- Companies, Inc., Flik International, Florida studies have concluded that 41% of our pany, American Express, American Express Blood Services, Florida Power & Light Com- Guardsmen and Reservists called to serve Financial Advisors, American General Fi- pany, Florida State Gov., FMC Technologies, their country on the front line must take a nancial Group. Food Lion, Ford Motor Company, Forensic pay cut to do so. Fortunately, some compa- American Heart Association, American Ink Technology Inc., Forest Grove School Dis- nies around the country have stepped up to Jet Corp., American International Group, trict, Forrest Exterminating Service Inc., the plate, and taken the patriotic step to American Medical Response, American Post- Fort Wayne Metals, FOX Broadcasting Com- make up the pay gap of these brave men and al Workers Union, American Recycling Sys- pany/News Corp., Fox Valley Tool & Die, women. tems, Inc., American Standard, American Frankfort Fire Department, Franklin Coun- The provision that we added in the Senate Stock Exchange, AmeriGas, Anderson Coun- ty Sheriff’s Office, Columbus, Ohio, Freddie would have provided a tax credit of 50% of ty, Blue Mountain Energy, Blue Cross Blue Mac. these costs to companies who make up that Shield of South Carolina, Bluefield Police Freightliner Trucks, Frito Lay Corpora- difference. In so doing, we hoped both to ac- Department, Bluefire Partners, Blum, Sha- tion, Frontier Telephone of Rochester Inc., knowledge the patriotism of existing compa- piro & Company, P.C., BMC Software, BMW Fujitsu Network Communications, Full As- nies, and at the same time encourage more Manufacturing Corp., Boeing Aerospace, Boe- sociation Business Service, Inc., Galileo employers to take this step. ing Electron Dynamic Devices, Inc., Boeing International, Gardonville Cooperative Tele- Mr. President, no doubt that as you have Satellite Systems. phone Association, GEICO Direct, Gen-Probe traveled the country, you have confronted Boise Cascade, Boise Police Department, Incorporated, General Dynamics, General the same stories I have from spouses and Booz-Allen & Hamilton, Bose Corporation, Dynamics Land Systems, General Electric, military families struggling to make ends Bradley-Morris, Inc., BRAVO! Development General Motors, George’s Restaurant, Geor- meet. We have had to ask an awful lot of our Inc., Brighton School District 27J, Bristol- gia Power Co., Georgia Power Company, Guard and Reserves, and they ask very little Myers Squibb, Britton Engineering & Land Georgia-Pacific Corporation, Giant Food from us. So trying to take this worry off the Surveying, Inc., Brooks Automation Inc., Inc., Gilbane Building Company, Giles Coun- minds of our men and women on the front Broward County Sheriffs Office, Broward ty Sheriffs Department. lines seemed to be the least we can do. County, Florida, School Board, Brown & Glastonbury, Conn., Glaus, Pyle, Schomer, So it is with deep embarrassment for our Williamson Tobacco Company, Bureau of Al- Burns & DeHaven, Inc., Glendale, Calif., government that I must report that this very cohol, Tobacco and Firearms, Burlington Globe Motors, Inc., Goldman Sachs, Good- modest relief for our troops was stripped Northern Santa Fe Railroad, Burnet County rich Corporation, Goodrich Corporation- from the conference report by Congressman Sheriff’s Office, CACI, Inc.—Federal, Caddo Landing Gear Division, Goodwill Industries— Thomas and the leadership of the United Parish Schools, La., Calamos Asset Manage- South Eastern Wisconsin, Goodyear Tire & States House. While I am certain that rep- ment, Inc., Canadian National Railroad. Rubber, Graco Minnesota Inc., Grainger, resentatives of your administration partici- Canon Business Solution, Cantey & Hang- Grand Traverse County, Grapevine, Texas, pated in this conference, I presume that you er, Cape May County Municipal Utilities Au- GrayRobinson, Great Salt Lake Council Boy did not have personal knowledge of the deci- thority, Capitol One Financial, Capsugel/ Scouts of America, Greater Baltimore Med- sion to cut support for our military families. Pfizer, CAREFLITE, CASAS International, ical Center.

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2004 CONGRESSIONAL RECORD — SENATE S10807 Jackson Township, Jacksonville Sheriffs dent Bank, Providian Financial, Prudential Webster Cantrell Hall, Weis Markets, Office, James City County, Jamestown Pub- Financial, PS Doors, Public Service Com- Wellmark Blue Cross Blue Shield of Iowa, lic Schools, JCPenney Home Office, JE Dunn pany of New Hampshire, Public Services Wells Fargo, Wesley United Methodist Construction Company, Jedi Computing, Jef- Group, Publishers Printing Co., Quaker Oats, Church, West Virginia, WestAM, Westar En- ferson Parish Sheriffs Office, JM Thomas Qualex, Inc., Quiet Light Securities, Quincy ergy Inc., Westchester County, NY, Western Forest Products, John Peter Smith Hospital, District Court, Qwest Communications, Financial, Western Massachusetts Electric Johnson & Johnson, Jones & Carter, Inc., Rainey, Ross, Rice & Binns. Company, Western Oklahoma State College, Jones Day, JP Morgan Chase, JP Morgan Raytheon, Raytheon Systems Engineering Westinghouse Electric Company, Westing- Chase Custody Services, Inc., JSA Inc., Project AUTEC, RCI (resource communica- house Savannah River Company. Kaman Aerospace Inc., Kaufman & Canoles, tion), Regal Ware, Inc., REMEC Broadband Westport Fire Dept., Westvaco, P.C., Kell Container Corporation, Keller Po- Wireless, Rentacom, Republic Airways, Rey- Weyerhaeuser, Wilkes-Barre City Police De- lice Department. nolds & Reynolds, Reynoldsburg Police De- partment, Wisconsin State AFL-CIO LETC, Kennesaw State University, Kenton Coun- partment, RHDonnelley, Rhodia, Inc., Rich Wizcom, World Financial Group, Wright Ex- ty Airport Board, Kerr-McGee, Kessler sign Township, Richard B. Russell Lake and Dam, press, WWBT NBC 12, Wyeth, Xenobiotic De- company, Kettering City Schools, Kettering, US Army Corps of Engineers, Richard tection Systems, Inc., Xerox, Yankee Gas Ohio, Key Corporation, KeyCorp, KIC Chemi- Childress Racing, Richmonf Financial Services Company, Yearout Mechanical and cals, Inc., Kocourek Chevrolet, KORYAK Group, Riverside County Sheriffs Depart- Engineering, Inc., Yosemite Waters. Consulting, KPMG LLP, KRA Corporation, ment. The PRESIDING OFFICER. The Sen- Kraft Foods-Maxwell House, Kronos, Inc., Skowhegan Savings Bank, Slidell Memo- Kwik Trip Inc., L G & E Energy (KY), L–3 rial Hospital, Smurfit Stone Container Cor- ator from Kansas. Communications, Labor Ready, Inc., Lake poration, Sodexho, Solar Turbines Inc., Mr. BROWNBACK. Mr. President, I County Captains Professional Baseball. South Brunswick Township Police Depart- ask unanimous consent to speak as in Lake County Metropolitan Enforcement ment, Southampton Sheriffs Dept., South- morning business and the time I use to Group, Landstar System, Inc., Lang Wyatt east Missouri State University, Southern be considered against the pending clo- Construction, Las Vegas City, NV., California Edison, Southern Connecticut ture motion. Lauerman’s #2 Saloon, Lawfirm of Sacks & State College, Southern Fabricators, Inc., The PRESIDING OFFICER. Is there Sacks, LD Clark Excavating, Lebanon Town- Southern New England Telecommunication ship Committee, Leviton Manufacturing Co. Corp., SouthTrust Bank, Southwest Airlines, objection? Inc. (NY), Liberty Mutual, Liberty Tech- Southwestern Bell Telephone, Space Gate- Mr. HARKIN. Will the Senator just nology-Magnet High School, Liorente Inves- way Support, Spartanburg Forest Products, amend his unanimous consent request tigations, Lisle-Woodridge Fire District, Speedway Motorsports, Sprint, St. Charles to state that at the end his statement, Live Oak Police Department, Lockheed Mar- County Ambulance District. whenever that might be, the Senate tin, Lockheed Martin Aeronautics Company. St. Joseph’s Medical Center, St. Onge Com- would be put back into a quorum call? Miami—Dade County, Fla., Michelin North pany, St. Vincent Healthcare, Stabilus, The PRESIDING OFFICER. Is there America, Micro Vane (MI), Microsoft Cor- Stanley County Sheriff’s Office, Staples, poration, Mid-States Ford Inc, Mideast Alu- Inc., Starcom Worldwide, State Attorney, objection? minum Division of Indalex, Midlands 8th Judicial Circuit, Florida, State Farm In- Mr. BROWNBACK. No objection. Orthopaedics, P.A., Military Resale Group, surance, State of California, State of Mary- The PRESIDING OFFICER. Without Inc., Miller Brewing Company (WI), Mind & land (Patuxent Institution), State of New objection, it is so ordered. Media, Inc., Mintz, Levin, Cohn, Ferris, Jersey, State of New Jersey OIT, Stockton The Senator from Kansas. Glovsky and Popeo PC, Mirant, Mission Crit- Banking Center, Student Health Services, FSC/ETI ical Linux, Mississippi Board of Nursing, MK UNCG, Subaru of Indiana, Subaru of Indiana Diamond Products, Inc., Modesto City Automotive, Inc., Supervalu, Supreme Court Mr. BROWNBACK. Mr. President, I Schools, Monster Worldwide/Monster Gov- of Guam, Survival Incorporated. wish to address a couple of topics that ernment Solutions, Montefiore CMO, Sweetwater Police Department, Sybase, have come up this afternoon, and then Montello School Department, Monterey Bay Inc., SYColeman, Synovus, Systems Re- address a couple that are pending in Aquarium. search and Development, t.w.phillips Gas front of us. Morgan Stanley, Morgantown (WV) Utility and Oil, Tampa Preparatory School, TAP No. 1, on the FSC/ETI bill, there are Board, Morrison & Foerster LLP (CA), Mor- Pharmaceuticals, Inc., Target, Target Dis- a lot of things in the bill that I think ton Plant Mease Primary Care, Inc., Motor- tribution Center, Tarver Abstract Company, ola, Inc., Munhall Area Prehospital Services, TASC, Inc., Technology Concepts & Design, are very positive. There are some Munters Corporation, Mutual of Omaha, Teledyne Brown Engineering, Tellabs Oper- things I disagree with in the bill. One NASDAQ, Nashville, Tenn., Nassau County ations Inc., Tennessee Valley Authority. thing I am going to draw to the atten- Police Department, Nassau County, NY, Na- UBS Wealth Management, Ulbrich Stain- tion of some of my colleagues in this tional Association of Securities Dealers, Na- less Steel and Special Metals, Inc., Unilever bill that is very helpful in my State is tional City Bank, National City Corp, Cleve- Bestfoods, Union County, North Carolina, a particular provision extending the land, OH, National Information Consortium Union Hospital of Cecil County, Union Pa- bonus depreciation allowance for civil cific, Union Pacific Railroad, Unique Secu- USA, National Park Service, NationsRent, aviation aircraft. That is something Nationwide, Natural Resources Conservation rity—Silver Star Security—Champion Secu- Service. rity, Unisys Blue Bell, United Cerebral about which I know the Presiding Offi- Navy Engineering Logistics Office, Navy Palsy, United Parcel Service (UPS), United cer is interested. These are small man- Federal Credit Union, Navy Public Works Space Alliance, LLC, United States Depart- ufacturers of airplanes. These are not Center, Nebraska Public Power, Neill Cor- ment of Agriculture, United States Mint, the big airliners but general aviation poration, Nestle Frozen Food Division, United States Postal Inspection Service, manufacturers that have extended NetJets, Inc., Nevada Highway Patrol, New United States Postal Service, United States bonus depreciation. Britain, Conn., New York City Housing Au- Probation Office, Universal Forest Products, You may ask, what am I interested thority, New York City Police Department, University Hospitals of Cleveland, Univer- New York Life Insurance, New York Stock sity of Pittsburgh Medical Center. in that for? That bonus depreciation Exchange, Nicor Gas, NiSource Corporation, University of South Florida Foundation, has brought back an industry that was Nissan North America, Inc. UniversityCare, University of Maryland Med- on its knees, that was crushed after 9/ Phillip Morris, Phoenix Metals Company, icine, UPS Revenue Recovery Englewood 11. They were selling no aircraft. By Phoenix Police Department, Piedmont Nat- Hub, US Conec LTD, USAA, USDA Forest having the bonus depreciation in there, ural Gas, Pilkington North America, Service, Curlew Job Corps, USI Inc, USPS they started selling aircraft. In fact, Pinellas County Government, Pittston, Pla- Columbus Ohio, VA Medical Center San they quadrupled their sales of aircraft, teau Valley School District #50, PNC Bank, Francisco, VAHR–EO, Vanasse Hangen particularly Cessna, Bombardier, Police and Fire Financial Services, Portion Brustlin, Inc., Vanderbilt Medical Center, Pac, Post, Buckley, Schuh & Jernigan, Inc., Ventera Corporation, Veridian, VERITAS, Learjet. This hits Raytheon, the whole Post-Newsweek Stations, Inc. / The Wash- Verizon, Verizon Washington D.C., Inc., industry, much of which is con- ington Post Company, PPG (Pittsburgh Veronica Connor Middle School, Victoria’s centrated in my State but has fingers Plate Glass), Pratt & Whitney, Praxair, Inc., Secret, Village of Wellington. around much of the country. It is a fab- Precision Castings of Tennessee, Inc., Pre- VISA, Visteon Corporation, Volvo Penta of ulous industry, great productivity of mier Yachts, PricewaterhouseCoopers, LLP, the Americas, W. W. Grainger, Wachovia workers. There are really good people Prince Frederick Motors. Bank, Wal-Mart Stores Inc., Wal-Mart associated with it. It was on its knees Prince George’s Fire and EMS Department, Stores, Inc—Private Fleet, Walgreen, Prince William County, Va., Principal Fi- Wallkill, NY, Washington, Washington Mu- after 9/11. The bonus depreciation was nancial Group, PrivatAir Group, Produer’s tual Bank, Washington State Prison, Waste put in the first tax cut bill that really Cooperative Association, Progress Rail Serv- By Rail, Inc., Waste Management Inc., revived it and brought it back. They ices, Progressive Escrow and Closing, Provi- Wausau Imports, Inc., We Energies. started hiring people again instead of

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10808 CONGRESSIONAL RECORD — SENATE October 8, 2004 laying off workers, but then they were loan the money to create this new air- bored terrorists. They are fighting hitting up against the time deadline of craft to sell to these major airlines. against a government that was identi- that bonus depreciation, so their sales And if you sell the product and if it fied by us for a number of years as orders starting going back down again. works, you will have to repay the loan. being a state sponsor of terrorism—one With it in this bill and by passing But if it doesn’t work, if people do not of only seven countries in the world. this bill, we are going to be able to buy the aircraft, you don’t have to pay Abu Nidal operated out of Iraq. There bring sales back to that industry. You back the loan. has been and continues to be, and was can say that is a pretty narrow provi- There are a number of countries in continued under Saddam Hussein, a sion, that it doesn’t cost anything, the world that would love this deal. As connection between terrorism and his that it actually scored at zero, but the such, you never have to bet the com- regime. point being the reason this FSC/ETI pany on a new product. You can go out It becomes quite fashionable, it bill is called a jobs bill is because it and say we think there is a market for seems to me, to criticize this war in creates jobs. Here is a bill that creates a 600-seat airliner. If it makes it, great; Iraq. Certainly there are things there a number of jobs. By doing this, there you have to repay the loan. If it to criticize. But I want to caution my are going to be people working in doesn’t, the Government is going to colleagues. When I visit with soldiers Wichita, throughout my State, pick up the tab. coming back from Fort Riley, or leav- throughout the region, building gen- That is what is taking place, billions ing from Fort Riley to go over, officers eral aviation aircraft products. The of dollars of direct subsidies on putting who have been over and back, and Fort chairman has done a good job in work- these aircraft into the manufacturing Leavenworth, or I see them here, they ing on this particular provision. system that have subsidized the take- want to know that America continues Most of this bill contains provisions over of Airbus over Boeing and the ma- to support them. It gets to be a real that create jobs so people can work. jority of aircraft manufacturing in the dissidence for a lot of people. OK, I sup- They can continue their work. They world today. If it were a fair competi- port the troops but I don’t support this are not laid off from their work. There tion between Airbus and Boeing, that effort in conflict. are provisions in it which I don’t agree would be another matter. But these I think a number of people look at with. There are things which I wish we sorts of subsidies are wrong. It is wrong this, saying what you mean is you could have had more of in it. for us to allow Europe to continue to don’t support this conflict and does The Senator from Louisiana made a do that. that mean we are going to be pulling speech saying there was something I am delighted that the Office of the out and are we not going to complete that should have been in it. It would U.S. Trade Representative is with- the job? Are we not going to make the have been nice to be in it, but it didn’t drawing from this 1992 protocol, saying turn to democracy in Iraq? This is a make it in. The bill has provisions in it to the Europeans we are going to start very difficult attempt we are making. that will create jobs and continue jobs, consultation and take this to the Once it is done, it will spread through- such as this bonus depreciation exten- World Trade Organization to have you out the region. But getting there is sion on general aviation manufactured stop the subsidization of aircraft man- going to be very difficult. products. This is a good thing that ufacturing and stealing jobs from I want to caution my colleagues, needs to happen. It is the right thing to America. when you are being critical of this do. It is the sort of thing we need for What does that have to do with this war—and everybody has their right to this country, particularly in these bill? Again, it is about jobs and fight- put their opinion forward—how that is areas of manufacturing jobs which ing for jobs. Boeing itself has lost near- heard by our troops. I say that from have so much difficulty and so much ly 60,000 jobs since 9/11. We have been the practical experience in talking competition overseas for these jobs. losing market share. We have had dif- with a number of troops who have Here is an area where we can do it. We ficulty in the economy. Here is some- come back to my State. They want to need a little bit of benefit. It is in the thing to say we have to start fighting know and want to make sure that the bill. back aggressively, pull out of this country still supports them. People I applaud the Chairman, Senator agreement, start the consultation, will have different opinions on the war, GRASSLEY, particularly for putting bring the World Trade Organization but they want to know they are sup- that provision in the bill. into it, and if we have to subsidize to ported. Once we are in, they want peo- There is a second thing which hasn’t be able to get back into market share ple to stand behind them and with had the notice and which happened this to compete on a dollar-for-dollar basis them. week. It is not in the bill, but it is an- for Europe, I think we have to look at I hope we let our troops know that, other job creator. This week, the U.S. that as well. yes, we have not found weapons of Trade Representative in the Office of Here is the administration through mass destruction. It doesn’t mean their the President announced that they will the USTR fighting for manufacturing efforts have been in vain, or what they be withdrawing from the 1992 civil jobs that have been lost because of a have done has been wrong. aviation agreement with the European bad agreement in 1992 on airliners We have spread a message of democ- Union. The issue here is that Airbus being subsidized and made by Airbus. I racy and hope. We have pushed Libya has stolen by Government subsidies a am delighted the administration is to the point now where they have given huge market share from Boeing and doing this. I wholeheartedly support it. up WMDs, and are opening up their so- other manufacturers, primarily from I have a resolution which I put in here ciety. We have pushed them to the Boeing and large-scale aircraft. asking my colleagues to support, say- point they opened up the Dr. Kahn nu- Since 1992 when the agreement was ing this is the right way for us to re- clear network. That has made the entered into, Airbus has gotten some- claim manufacturing jobs that are world safer on nuclear weapons. We are where between 8 to 15 percent of the being stolen by Europe providing these not completely safe, but it has made us market share. With Government sub- subsidies to Airbus. safer in the process. Their effort has sidies, Airbus now has a majority of Another issue which is coming up in not been in vain. They are opening the market share in the large airline some of the debate on the floor is the their society, bringing schools and op- manufacturing business. It has gotten discussion about the war in Iraq. For portunity to people who have not that through Government subsidies in all of us, this is a very sensitive issue. known it. Europe. We have lost American lives. We have We have gotten rid of a mass mur- What type of Government subsidies? lost a number of American lives. We derer in Saddam Hussein. There are It is a subsidy where the European have lost a number of Kansans in this thousands of people buried in mass Governments say to Airbus, you want war in Iraq. They are fighting for free- graves. That is not a vain effort. Yes, to make this new airliner, you want to dom. They are fighting to spread de- they are having difficulty. We are los- be able to sell it to United Airlines, mocracy in a part of the world that has ing blood on a regular basis, but we you want to sell it to Lufthansa and not known it. They are fighting have to continue and we need to speak other airlines around the world; we will against terrorists. They are fighting strongly that we support the war and provide you with the money. We will against a government that has har- we support the troops.

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2004 CONGRESSIONAL RECORD — SENATE S10809 In our efforts to have vigorous polit- kets, particularly in my State or in that indecent and obscene material ical debate here, I don’t want to take other States, do not make near that will not be tolerated on the public air- the wind out of the sails of our troops kind of money. So we give the FCC a waves during the hours in which chil- who fight so hard and who put their top figure they can use in big in- dren might be in the audience. Along lives and their families on the line for stances, but we give them a series of with licensed use of the public airwaves our safety. factors to consider such as ability of for a period of time comes a set of re- Finally, I want to address an issue the company to pay in assessing the sponsibilities that need to be taken se- that we thought we were going to be fine. riously. able to get with the Department of De- We also have included fines for per- I am hopeful, as we are here for a fense authorization bill; that is, raising formers. If it is the performers who couple of days on these votes, that we of the fines for indecent material in choose to do this and the companies can get this matter cleared to send it public over-the-air broadcasts over the broadcasting did not have clearance to the House, we can get it passed to radio and television. We have had ahead of time, then the performers the President and take care of some- broad bipartisan support for this effort. themselves need to be held responsible. thing that has broad bipartisan sup- There is the Janet Jackson bill, for That was included. port. I urge my colleagues if they are lack of better terminology, at the We also required an annual report holding this bill to consider this is Super Bowl last year in the event with that the FCC would have to give to the something that they have probably al- her and Justin Timberlake. It spawned Congress on what they are doing on in- ready supported. It would be important a lot of complaints going to the FCC decency complaints and violations. as a step forward in trying to present about indecent material on public This had broad bipartisan support. It airwaves to the public the way the pub- over-the-air broadcasts. I remind those was pulled out of the Department of lic wants them to be presented, as the watching, the issue is that the air- Defense authorization bill because public does own these airwaves. waves used by radio and television there were other issues associated with I suggest the absence of a quorum. broadcast are public airwaves. They it, such as media ownership and a pro- The PRESIDING OFFICER. The are licensed from the public to radio vision for family-hour viewing of vio- clerk will call the roll. stations and must be used for the com- lent television programming that had The assistant legislative clerk pro- mon good. some controversy so it did not make it ceeded to call the roll. There is a level of material that has through. Mr. HARKIN. Mr. President, I ask been deemed as indecent if you have We brought this issue back and we unanimous consent that the order for this license. It is not so much about have put it today in a House bill that the quorum call be rescinded. the first amendment, although the first is at the desk numbered 3717, the The PRESIDING OFFICER. Without amendment is protected. It is about Broadcast Decency Enforcement Act of objection, it is so ordered. Mr. HARKIN. Parliamentary inquiry, abiding by your license agreement to 2004, which we are attempting to move Mr. President. Under the procedure we use public property. It is like going to through the Senate in the final hours are under now, the Senator from Iowa a national park. A national park is of this session so we can get what has has how much time to speak? owned by the public. Visitors have to been agreed to, what has been passed The PRESIDING OFFICER. The Sen- abide by the rules in the national park by this Senate 99 to 1, what has passed ator from Iowa is advised he has up to when they go in. They cannot start a through the House by an overwhelming 58 minutes. fire just anywhere in that national majority as well, and have it as a Mr. HARKIN. Under the bill? park. Everyone has to abide by the stand-alone bill. It is being held by The PRESIDING OFFICER. That is rules. some Members on the other side of the correct. If you are going to go into this, the aisle. Mr. HARKIN. Then, I ask, as others property is owned by the public, and I am pleased my colleague, Senator have before me, unanimous consent to there are rules to follow. If you are DORGAN, in particular, is a cosponsor speak as in morning business but that going to use a license, the property is on this individual bill. We are trying to the time keep running on the bill. owned by the public, the airwaves, and have it cleared. It has cleared the Re- The PRESIDING OFFICER. The time you have to abide by the requirements. publican side and has not cleared the would continue to run on the clock? One of those requirements is you can- Democratic side. It has bipartisan sup- Mr. HARKIN. Yes. not put on indecent material. That has port. I am hopeful we can get any holds The PRESIDING OFFICER. Without been defined. lifted from this particular bill. It is an objection, it is so ordered. We have had several broadcast viola- important provision. Mr. HARKIN. I thank the Presiding tions. As a matter of fact, the company The public is fed up with the amount Officer. that broadcast the Super Bowl was of the indecent material on television, The PRESIDING OFFICER (Mr. fined heavily for that Janet Jackson particularly during prime time when COCHRAN). The Senator from Iowa. and Justin Timberlake episode. But families are watching. They want the OVERTIME PAY their fine amounted to one-fourth of FCC to have tools that are real, that Mr. HARKIN. Mr. President, tonight, the value of a 30-second ad on the can be used against the broadcast com- in just a couple hours, there will be an- Super Bowl. So the total fine CBS re- panies willing to put forward this sort other Presidential debate between our ceived was the equivalent of a quarter of material that families do not want colleague, Senator JOHN KERRY, and of the price paid for a 30-second ad at in their living room. President George Bush. The debate to- the Super Bowl. It was not even com- I applaud the FCC for fining CBS for night will be with questions from audi- mensurate. It is the cost-of-doing-busi- the Super Bowl incident. But, my good- ence members. I assume these are ness type of fine. ness, that fine wasn’t much because rank-and-file citizens of Missouri or Within the bill that passed, the that was the maximum amount they maybe Illinois and Iowa. I do not know amendment that passed 99 to 1, was to can be fined under the old fine struc- where they are coming from. It will be increase these fines. We increased fines ture. We need to get this new fine interesting to see. The moderator is substantially so there would be a pen- structure in place. going to pick and choose the questions alty to the companies broadcasting the We have this House-passed bill. It is that are asked of both President Bush indecent material. The FCC would be at the desk. It is amended with a and Senator KERRY. I understand they given the authority to fine up to House-Senate agreement that was part will cover a broad range of topics, but $500,000 per violation with a $3 million of the Department of Defense author- the basic topic tonight will be on do- cap per 24-hour period per station ization bill. We are hopeful to get mestic issues. group. However, the FCC has to con- through that, and we are working to Well, I hope there will be a number of sider a number of factors in deciding get this through the Senate. The House questions asked of President Bush for whether to put that level of fine for- stands ready to pass that if we can get him to explain why it is that he is so ward. Broadcasters do not make $2 mil- it cleared through the Senate. intent on taking away the overtime lion per 30-second ad on every show, The broadcast decency bill, the bill pay rights of over 6 million American and many broadcasters in small mar- that is at our desk, sends the message workers.

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10810 CONGRESSIONAL RECORD — SENATE October 8, 2004 A year and a half ago, his Depart- what might be termed white-collar- tough economic times, why are we tak- ment of Labor issued proposed regula- type jobs. They work with perhaps in- ing away families’ rights to be fairly tions to drastically—drastically— formation systems. They are inputting compensated in their overtime? change who is eligible for overtime pay data in computers, many times work- During the first 3 years of the Bush in America. After analysis by inde- ing for small businesses. administration, the typical household pendent groups, I decided we had to do A lot of times they are working in saw their real income fall by more than everything we could to stop these rules jobs that are maybe their second job, $1,500. Real wages have fallen while gas from going into effect and hurting the for example, or they have entered the prices have gone up. Milk prices have workers of America. workforce later in life after their chil- gone up. Health care costs have gone So we have had debate on this issue dren have grown, and they are working up. More than 4 million people have over the last year and a half. The Con- at a job that does not pay a lot, but been thrown into poverty since the be- gress has voted six times—four times they are salaried. ginning of the Bush administration. in the Senate, twice in the House—each Well, right now, they might be eligi- More than 5 million have joined the time voting to overturn and to stop ble if they worked over 40 hours a week ranks of the uninsured. In this kind of these onerous new regulations from to get time and a half. But under these economy, why would the President of going into effect. Six times, the Presi- new rules, they will be reclassified. the United States want to take money dent has not listened to the elected They will then be asked to work over out of families’ pockets? representatives of the American peo- 40 hours a week and will not get one I hope this will be something that ple. Six times he basically said: I don’t dime of overtime pay. will be talked about tonight in the care what you want; this is what we As one woman wrote me, who lives in Presidential debate. I am sure the are going to do. Seattle, WA, she said: When I get home President will say they are expanding Now, keep in mind, when these pro- from work, my second job starts. I overtime pay because they are raising posed regulations came out in Feb- have to take care of my kids. I get din- the base. They are raising the base ruary of 2003, they were sort of put out ner ready. I make sure they get to with one hand, taking it away with the in the middle of the night, so to speak their afterschool events. Then we have other. It is the old shell game. Yes, a a stealth attack. Not one public hear- homework. I put them to bed. And I worker who is making $15,000 or $18,000 ing was held on these proposed rules— have my laundry to do. But she said: a year will now be automatically cov- not one. Congress was not involved in That time with my family and that ered by overtime. But guess what the shaping or fashioning them. This sim- time at home is my premium time. If I administration did in the rules. They ply came out of the heads—I wouldn’t am asked to give up my premium time have suggestions to employers on how say the hearts because these are heart- to work longer, I ought to get at least to get around it, how to get around less kinds of regulations—but it came premium pay for it. paying the lowest income workers in out of the heads of some people in the I have never heard it said better. Yet America overtime. Department of Labor, I guess, and that woman will be asked to give up We have had examples of that. We maybe in the White House. her time with her family, her time had an example in The Detroit News: We have said time and time again with her children, working longer ‘‘Workers Agonize About Overtime they should not go into effect, but on hours, and not get one dime of over- Loss.’’ Two managers out of 150 at August 23 of this year those rules went time pay. metro Detroit Burger King franchises into effect. The new rules took effect If overtime pay is free to the em- became eligible for overtime. Rather on that date because House Repub- ployer, it is going to be overused. If than make them hourly workers, the licans have been able to strip my employers no longer have to pay more company gave them $20 a week raises amendment and its House companions money for overtime work, they will to maintain their salaried status. They in conferences. It goes to conference, have no incentive to demand longer gave them a $20 a week raise so they they strip it out. hours, no incentive to hire more work- would just be over that threshold, and Now, I want to be clear. And I want ers. Workers will have less time to they are not eligible for overtime. That to clear up one misstatement that spend with their families. means they have a $20 raise, and they comes out of the administration’s press A study done by the Center for to have work 3 or 4 hours’ overtime. releases all the time; and that is that Women and Work at Rutgers Univer- They are getting minimum wage or somehow I am denying workers the sity showed that only 20 percent of the below even for working overtime. Two right to get overtime pay because the workers eligible for overtime worked managers out of 150 eligible for over- base pay on which people are exempt more than 40 hours a week. In other time. So that is what is happening. from overtime—I should say not ex- words, of 20 percent of workers eligible The President might say tonight: empt from any overtime regulations— for overtime, only 20 percent worked Well, they raised the base. But they are starts at about $8,000 and goes up to more than 40 hours a week, but 44 per- already telling employers how to beat $23,000 under these new rules. Every cent of workers who are exempt from it. I hope the President will tonight re- time I have offered my amendment, we overtime pay work overtime, so twice spond and answer to the American peo- keep that in there. The base ought to as many. In other words, if the em- ple why he is so intent on taking away go up. But we say that no person who ployer doesn’t have to pay you over- the right to overtime pay, to time and was eligible for overtime prior to Au- time, you are twice as likely to work a half over 40 hours of work. gust 23 ought to lose overtime after- over 40 hours a week than if they have Please, Mr. President, tell the women wards. They ought to still be eligible to pay overtime. That is common of America why you are sticking it to for it. That is what the White House sense. It stands to reason. them, the working mothers of America, has said time and time again. They When Congress enacted the overtime why you are taking away their pre- say: Well, if people got overtime be- provisions in the Fair Labor Standards mium time from their families but not fore, they are going to get it after- Act in 1938, Congress did so with the in- allowing them to make premium time wards. I say: OK, why not pass my bill? tent that a hard-working America by working overtime. That is all I say. Anybody who got it would not leave behind the concept of Another issue I hope comes up to- before ought to get it afterwards. But valuable family time. We believe that night is the issue of job growth. The the White House has resisted that. workers should be paid extra for the job report came out today. The econ- As a result, employers will no longer extra hours they work. Time-and-a-half omy created 96,000 jobs last month, less have to pay more money for overtime pay accounts for some 25 percent of than two-thirds of the amount needed work for millions of American workers. total income of those who work over- just to keep up with population And most of these workers will be time, and the economic health of too growth. Only 59,000 were in the private women, make no mistake about it. many families is at stake. Congress has sector, so just slightly over half in the This is going hit women hardest. Why voted on this six times on a bipartisan private sector, and the rest were in the do I say that? Because women are in basis to protect these American work- public sector. We have lost 1.6 million that class of employees out there who ers’ overtime. Now they want to strip private sector jobs since President many times are salaried. They work at it out again, out of conference. In these Bush took office.

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2004 CONGRESSIONAL RECORD — SENATE S10811 They may say: That is not quite repeat that. During President Clinton’s find themselves with their right to right. There was an 813,000 job increase. two terms, the economy created 236,000 overtime restricted or taken away, in- Well, that is because of Government jobs per month. During President cluding veterans, police, nurses, team employment. The gap between total Bush’s tenure, we have had 143,000 jobs leaders, journalists, cooks, financial jobs and private sector jobs accounted created per month. In January 2001, we services, computer workers, and many for 813,000 jobs in Government employ- had 111,560,000 private sector jobs. In others—a lot of people. So someone ment. That is called socialism. I won- September 2004, we had 109,930,000, with earning as low as $23,661 a year will der what this is called now. President 1.6 million lost during that period of find that their rights to overtime will Bush is for socialism? We can’t get jobs time. be taken away. They will be reclassi- in the private sector. We will put them So when the President says they are fied. on the Government payroll. Shades of creating jobs, yes, they are creating As I pointed out, in Detroit, 2 out of the Soviet Union. But the private sec- jobs—mostly in the public sector, Gov- 150 managers at a certain place of busi- tor jobs are not there. ernment employment, but far fewer ness were eligible for overtime—2 out Total manufacturing jobs fell by than is even needed to keep up with the of 150. What happened is the employer 18,000 in September, the largest drop population growth. realized how to fix it. By raising their since last December. A total of 2.7 mil- The administration has billed its tax salary so it was $23,661, or $23,662—just lion manufacturing jobs have been lost cuts as a solution. But its predictions over the $23,660—guess what. They since President Bush took office—the of the impact of the tax cuts have been don’t have to pay them overtime any- first President since Herbert Hoover to consistently wrong. In 2001, Congress more. I hope they will talk about that not have created one net new job in 4 passed the President’s economic plan. tonight. I hope we will also recognize years in office. What a record. I hope Three years later, we still have fewer that there are no excuses for this over- the President talks about how great jobs than existed when the plan became time being taken away. that is for our country, that the only law. In 2003, the administration pre- Three career employees of the De- increase we are getting is in Govern- dicted that passage of that year’s tax partment of Labor who worked in this ment jobs. cut would create 5.5 million jobs by the area under Presidents Reagan, the first The unemployment rate is un- end of this year, 306,000 jobs per month. Bush, Clinton, and this Bush—so they changed, 5.4 percent. It was 4.2 percent That target has only been reached in 2 have worked for various Presidents— when the President took office in Janu- months, and the total 15-month short- all three of them basically said that in ary of 2001. Eight million Americans fall is 2.9 million jobs behind the pace every instance where the Department were unemployed in September; 2 mil- predicted by the administration. Job of Labor has made substantive changes lion more Americans unemployed growth is roughly 7 million behind the to the existing rules, it has weakened today than when President Bush took administration’s 2002 prediction of the the criteria for overtime exemptions, office in January of 2001—a 33-percent impact of their economic plan. thereby expanding the reach and scope increase. That is a terrible way to say I know these are big numbers when of the exemptions. That means that in it, a 33-percent increase in the number you talk about 306,000 and 5.5 million. every instance where they have made of unemployed in this country since Well, the fact is that has resulted in substantive changes to these rules, it President Bush took office. hitting our families hard. Here is what has made it easier for employers to Let’s talk about long-term unem- happened to families. Median house- deny you the right to overtime pay. ployment. That is longer than 26 hold income: In 2000, the median house- So I hope the President again tonight weeks. That means you are out of work hold income was $44,853. Today, it is will respond and tell us why he is in- longer than 61⁄2 months. Long-term un- $43,318. So it is down $1,500. tent on taking away the right to over- employment rose by 83,000 last month. I hope the President tonight talks time pay. I also hope they will talk It is now at 1.7 million people. It has about how this is good for America, about health care and what happened increased by 1 million under President how things are getting better, when to health care coverage in this coun- Bush. That is long-term unemploy- family income is coming down. I hope try. We are now up to about 4.5 million ment. The long-term unemployed are the President will address himself to more people who have lost health in- now 21.8 percent of the unemployed. the huge increase in the cost of natural surance under this President. Some- That share has nearly doubled. This is gas in the Midwest, and what that is where around 45 million to 50 million the economic record. Long-term unem- going to mean to our farmers, our fam- people in America have no health in- ployment more than doubled. ilies, to the elderly who have to heat surance coverage—none. No health in- In January of 2001, there were 680,000 homes with natural gas, to our manu- surance coverage. long-term unemployed. September 2004, facturing concerns who use natural As we have said, the rate of poverty there are 1.75 million, a 160-percent in- gas, and power companies that use nat- has gone up in this country. We know crease in long-term unemployed. ural gas to produce electricity. that especially the elderly are cutting That is it. I hope that the President Yet, household family income is pills in half and going without medi- will please talk about that tonight and down. The price of natural gas is up, cine to pay their heating bills or their how good this is for America and why gasoline is up, and oil hit a new high lighting bills or their rent. Well, I hap- things are getting better for America yesterday at $53 a barrel. Great for pened to listen to the Senator from and for American families. Halliburton and the oil companies; not Utah, my friend Senator HATCH, this As I said, he is the worst President too good for our families who have to morning go on and on. As I said, I like since Herbert Hoover to face the vot- drive a car to work—maybe drive two him, but he happens to be wrong on ers, having lost jobs during his tenure. cars to work if they have two people this issue, that’s all. I don’t know how He will finish his term with the worst working at different times. That is the anyone can stand here with a straight record since the Great Depression and median household income right there. face and say that Medicare doesn’t finish his term having lost private sec- I hope tonight’s debate will be about have the right to bargain down prices tor jobs. While the economy has cre- domestic issues. I hope they talk about of drugs. In the Medicare prescription ated jobs over the last year, the recov- the lack of job growth, the cut in me- drug bill that we passed, which the ery has been modest, with a total of 1.7 dian family income, the number of President signed into law, there is an million jobs created, which is about long-term unemployed; and, yes, I hope express prohibition against Medicare 143,000 a month. This is below what is they talk about overtime pay and what bargaining with the pharmaceutical needed to keep up with population is happening to people who work hard companies to get a cheaper price. They growth. A healthy labor market would and are now going to see their rights to are prohibited from doing this. be creating jobs at a more rapid pace. overtime pay taken away. Those are The Veterans’ Administration is al- During the last economic expansion, mostly women. So that is the economy. lowed to bargain, and they get great the economy created 200,000 jobs per I want to talk about all of those who prices. In fact, our veterans get the month, for a full decade, every year, are going to be hurt by the rules on cheapest drugs anywhere in America and 236,000 jobs per month during overtime. Employees earning between through the Veterans’ Administration. President Clinton’s two terms. I will $23,660 and $100,000 a year are going to That is great for our veterans. Why

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10812 CONGRESSIONAL RECORD — SENATE October 8, 2004 shouldn’t Medicare be able to do the nesses. Small businesses simply cannot of the debate tonight. The President same thing? afford any longer to cover their em- can probably tout the fact that he got JOHN KERRY has a plan. He has a plan ployees. a bipartisan bill through called No for better health care in America, and JOHN KERRY says we should provide Child Left Behind. I supported that the first part of his health care plan is up to a 50-percent tax credit to small bill. I am on the Education Committee. to take away that restriction on Medi- businesses and to family farmers to We had a lot of negotiations. I was sit- care and to allow Medicare—not even allow them to purchase health care ting there, since I am a senior member to allow Medicare, to insist that Medi- coverage for their employees. Presi- of that committee, in the final negotia- care bargain with the pharmaceutical dent Bush says no. But this is where we tions, and the big holdup was how companies to get a cheaper price for need to focus—on our small businesses. much money would we put into it. We drugs for the elderly in this country. That is where most of the people work, agreed on a number, and President Now that would be meaningful pre- and that is where most jobs are cre- Bush agreed that in exchange for the scription drug reform. ated. Yet small businesses simply can- States doing these things and the man- The second part of the Kerry plan for not afford it any longer. JOHN KERRY dates we put on No Child Left Behind, having better health care for our peo- says, let’s provide tax cuts to small in exchange for that, we would provide ple is to allow us to have free trade businesses to get health care coverage the funding necessary to meet these re- with Canada. One might say we have a for their employees. quirements, and we specified how much free-trade agreement with Canada. Of The fourth part of JOHN KERRY’s money that would be. course, we do. We have NAFTA. It al- comprehensive health care program is What happened? The first budget lows free trade with Canada. We can to extend and make more comprehen- year comes up, they get shortchanged. sive the SCHIP program; that is the have free trade in cars, clothes, shoes, The second budget year comes up, Children’s Health Insurance Program. glasses, paper, and I suppose anything shortchanged again, and once again One might say, the President says he is you want to mention, except one item. this year. for that. At his convention in New We do not have free trade with Canada I believe we are now in the neighbor- York, President Bush announced a new on prescription drugs. hood of about $27 billion short in edu- Go along the northern border of the $1 billion initiative to enroll millions cation from what we had guaranteed. If United States and people are driving of poor children in two popular Govern- I am wrong, I will come back and cor- across the border every day to buy ment health programs, but next week rect that, but it is something like that. cheaper drugs. Sometimes they take a the Bush administration plans to re- I know it is over 20. The figure 27 bus from Iowa, go up through Min- turn $1.1 billion in children’s unspent sticks in my head. Even if it was $10 nesota, buy prescription drugs, and health funds to the Treasury. A pro- billion or $5 billion, the fact is, we put come back. jected shortfall in Federal SCHIP funds a mandate on our schools. We said we Why don’t we have a free-trade agree- reduced health care to more than were going to pay for it, and we have ment with Canada on drugs? Why not 200,000 children. reneged. There you have it. A President Kerry allow us to reimport drugs from Can- Now, do not take my word for it. I would expand the SCHIP program and ada for our people in this country to tell people, talk to your teachers. If get every kid covered. Let poor fami- get a cheaper price? It is time to do so. you do not like that, talk to your prin- lies get into the SCHIP program and The Bush administration will not allow cipal or your superintendent. Talk to provide them the wherewithal to do so. that to happen. your school board members and see Under this administration, fewer and For a lot of people in this country what they say about No Child Left Be- fewer children are being covered under who do not have health insurance, they hind. Most of them will say, look, it is the SCHIP program. test after test. We can handle that, but look at us. I have a really good plan. I Lastly, in his comprehensive plan for have a health care plan that allows me we are not getting the supporting health care reform, Senator KERRY has mechanisms we need because we do not to choose doctors and hospitals and said that we need a real prescription covers me wherever I go. Every year I have the funds to do it. drug benefit for the elderly, not a I cannot tell my colleagues how can change my plan. When our kids phony card. And that is what it is, a many times it has happened to me in were little, we had one plan. Now that phony card. That is what the elderly my State of Iowa that I have seen our kids are grown up and married, we get today, a card. I cannot tell you how schools where, guess what, they have have a different plan. I get to choose many senior citizens have come up to cut out art classes, they have cut out from about—I don’t know, I didn’t me in Iowa and told me how worthless music classes, they have cut out PE. check last year—15, 20 different plans. that card is. They say: I have two or Why? Because they are pinched. They It is a good plan. I have that plan. three cards in my billfold or in my are strapped. They have to put the President Bush is under that plan. Vice purse and some of those are better than money in for No Child Left Behind. President CHENEY is under that plan. the Government card. The card I got Why? Because we did not fund it, one of If it is so good, why don’t we let the with this drug company, or an AARP the largest unfunded mandates ever. American people buy into this? Why card—whatever card they have; there President Bush has not asked for the don’t we let them buy into the Federal are a bunch out there—are better than money in his budget. He did not put it Employees Health Benefits Plan? Sen- the Government card. So why should in there to fund No Child Left Behind. ator KERRY says we ought to do that. they buy yet another card? I think the President should be held ac- President Bush says no. It is OK for us, Senators were on the floor the other countable for that on education. but it is too good for the American peo- day saying we should not be deni- The second largest unfunded mandate ple. I think it ought to be good enough grating; we should not be talking badly our schools have is special education. for the American people. JOHN KERRY about this card for the elderly. We We promised 25 years ago that we says, yes, he wants to open up the Fed- ought to be promoting it. Promoting would pay up to 40 percent of the addi- eral Employees Health Benefits Plan to it? Don’t talk to me; talk to the senior tional costs of funding special edu- allow the American people to buy in. citizens. Find out why they are not cation in America. I think we are now That would be very meaningful, espe- buying it. They are not buying it just at about 18 percent of funding addi- cially for small businesses and people because I got up here and said it is tional costs for special education. We who work for small business. worthless. They know it is worthless. promised 40 percent, and yet time and The fourth part of JOHN KERRY’s They are telling me it is worthless. But again we do not get the funds and we comprehensive plan to have better we are supposed to, I guess, be a cheer- do not get the budget allocation to health care for America is to allow bet- leader and get them to buy something fund special education. ter tax breaks for small businesses to that is not in their best interest, that So I hope these will be some of the cover their employees with health care. is worthless. Senator KERRY says we issues that the President will talk It is very meaningful to those of us need a real prescription drug plan for about tonight, that I hope will be in- who live in rural States. Most of our the elderly and not just a phony card. volved in the debate because these are people who live in small towns and Lastly, I want to talk about edu- the issues that affect families in their communities work for small busi- cation. I hope education also is a part daily lives.

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2004 CONGRESSIONAL RECORD — SENATE S10813 Lastly, I will take a little bit of time life? So that is what we hammered out entered into a colloquy with the chair- to talk about why I have been involved in the Conservation Security Program, man of the Appropriations Committee, in slowing down the process in the Sen- an incentive program for farmers, yes, the chairman of the Agriculture Com- ate today. There are a lot of press peo- to take better care of the land. It does mittee, the Presiding Officer, the Sen- ple who talked to me about that so I not require one iota of land taken out ate majority leader, and Senate minor- thought I might at least take this time of production. ity leader. In that colloquy we stated to explain why I am doing it. It is voluntary. It is not a mandatory that we agreed, the chairman of the The Senator from Arizona yielded me program. No farmer has to participate, Appropriations Committee agreed that a couple of minutes to explain why I but if they will do certain things— at the first possible time—I will get the was doing it, and I have only one sim- there is a minimum level, a moderate exact language—we would put the pro- ple declarative sentence: I am doing it level, and a higher level, and if they do gram back so that we could assure that to protect our farmers. I am doing it to these things they will get a payment. it would run as intended by the farm protect the jurisdiction of the Agri- But they have to agree to do it for be- bill for the life of the farm bill, which culture Committee. The occupant of tween 5 and 10 years by contract, and would take us to 2007. Fine. That is OK. the Chair is our distinguished chair- then they have to meet certain require- So it was put back. man. ments from the Natural Resources Con- Because there was a lapse of time When we pass bills that are servation Service. They sign an agree- there, a gap in time, the Department of multiyear bills, sometimes it takes a ment that they will do certain things Agriculture issued some rules on how lot of debate and discussion and work- to indeed keep soil from running off, to implement this program, but they ing things out. In the 2002 farm bill, make their soil better, better tilled, issued rules based upon the fact that it that was true. It took many weeks. I protect the water, a whole host of was a capped program and not eligible can remember sitting in these con- things, all kinds of things, because to every farmer. But the farm bill said versations on Saturday, Saturday what is considered good conservation it is eligible for every farmer in every night, and Sunday working it out. practices in my State of Iowa may not State of this country if they meet cer- These are tough negotiations. Agri- be good conservation practices in the tain requirements. They said they had culture is very diverse, but I have al- States of Mississippi, Colorado, Wash- to do that because it was capped. ways believed the Agriculture Com- ington, or Pennsylvania. Different soil, I said, Now it is not capped. We mittee ought to represent all of agri- different land, different crops, different changed it back. culture; that we are all in this to- ways. So we wanted to make it so it The Department said, OK, we will gether. was adaptable to every part of the have to change the rules to make it go So we hammered out a farm bill and country; it was not some cookie-cutter back, and they said that. They said we passed it. There was give-and-take. approach. they were going to change it. Now, I did not get everything I wanted. Well, everyone touted this as a new I know this is a long story, but now The Senator from Indiana, who was approach. It was signed off on by the it takes us up to today. Once again, we ranking at the time, did not get what Agriculture Committee, passed and had a disaster. We had two hurricanes, he wanted. The House Democrats did signed by President Bush. Then what three hurricanes that hit Florida and not get all they wanted. The House Re- happened was the Department of Agri- Georgia and the Carolinas so they are publicans did not get all they wanted. culture began to drag their feet. In the going to provide disaster assistance. I That is the art of compromise. But I bill, we gave them 18 months to come think we should. We always have. How thought we had a pretty good bill. We up with rules and regulations to get are they going to pay for it? They are had one which was a true compromise, this program implemented. We passed going to pay for it as emergency spend- and everyone signed off on it. We the law and it was signed by the Presi- ing. passed it with big majorities in the dent in May of 2002. So that is almost But there is another disaster that has Senate and the House, and the Presi- 21⁄2 years ago, and the final rules still taken place in other States of the dent signed it. I was there for the sign- have not been promulgated by the De- country. We have had tornadoes, mud ing. partment of Agriculture. slides, high winds, hail in other agri- I remember the President talking They put out the proposed rules fi- cultural parts of the country. We want about how this bill was so strong on nally after 2 years. So they have been those disasters taken care of, too. The conservation. That was one of the rea- dragging their feet. I guess they just administration said: Yes, we will take sons he was signing it. Yes, I am proud did that for some reason. care of those disasters, but agriculture of the fact that the bill had an 80-per- We finally got it going and then a has to pay for it, and guess what, it is cent increase in conservation, every- couple of years ago for the first time in going to come out of conservation. thing from the WHIP program, the the history of this Congress we re- Strange. If you are a citrus farmer in Wildlife Habitat Incentives Program, sponded to a disaster, a drought, by Florida and you have an orange grove to the Waters Resources Program, Wet- providing for disaster assistance to and there were tornadoes in this hurri- lands Reserve Program, CRP, Con- hard-hit farmers, but for the first time cane, if a tornado came through and servation Reserve Program, and a ever we took it out of agriculture. We ripped out your trees—and it did, by whole host of others, and a new pro- made agriculture pay for it. In the 50 the way, in a lot of places—you will gram that we started called the Con- years that we have been providing dis- now get disaster assistance, crop-loss servation Security Program, Farmland aster assistance to farmers—or oth- disaster assistance paid for under the Protection Program, a lot of conserva- ers—it has always been paid for as an hurricane bill, not taken out of agri- tion programs. emergency spending. Two years ago, culture. But if you are a farmer in Mis- So we had a provision dealing with for the first time, they took it out of sissippi or Iowa and you had a tornado the Conservation Security Program, agriculture. come through and take out your cotton which was designed to be an uncapped I warned at the time that they were crop or take out my corn crop, you program that entitled every farmer reopening the farm bill, changing a might get compensated, but, guess who met certain requirements to be el- program that was agreed upon and what, they are taking it out of your igible to get payments for protecting passed by an authorizing committee; other pocket. They are taking it out of soil, water, and air, and being a good that they were fundamentally chang- agriculture. farmer. I have long believed that it was ing the appropriations process—and I Why should our farmers be treated not right that we just pay farmers to am on the Appropriations Committee, differently than the farmers in Florida, take land out of production. What as is the occupant of the Chair. I said I ask. That is why I have slowed this up about all of those farmers who do that they are fundamentally changing today. That is why I wanted to get the produce our food supply and work hard it; this is not right to do this. attention of the Senate. I have always every day, who are good stewards of Well, it was an on an Omnibus appro- believed farmers had to be treated the the land? Should they not have some priations bill. The House passed it, same no matter where they are. That is incentive to take care of the soil, to went home, the funding of the Govern- why this is so bad, what is happening. protect our water, to protect our wild- ment was in it, so we had to pass it. I They are opening up the farm bill

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10814 CONGRESSIONAL RECORD — SENATE October 8, 2004 again. They are taking it out of con- member on the Finance Committee, cial functions, and the commercial op- servation again. They say they are Senator BAUCUS, regarding provisions erations associated with the customs going to do it. It may be conservation in Senate Resolution 445 pertaining to duties now being performed by employ- today. Next year, it might be com- the jurisdiction of the Committee on ees of the Department of Homeland Se- modity payments, maybe payment lim- Homeland Security and Governmental curity. I want to thank my colleagues, itations. I have fought on this floor to Affairs. In particular, I wish to address Senator MCCONNELL and Senator REID, protect those things. Maybe that is the provisions that exclude from the for working so constructively with me what it is going to be next year. jurisdiction of that committee over- and Senator BAUCUS to address this pri- Look out. Once we in agriculture di- sight of matters relating to the cus- ority. Together, we have clarified the vide ourselves up and we say, No, that’s toms revenue functions, and the com- scope of jurisdiction for the Committee all right, we will take it out of there; mercial functions and commercial op- on Homeland Security and Govern- we will treat farmers someplace dif- erations, of the Bureau of Customs and mental Affairs as it relates to the com- ferent than in another place. Now we Border Protection—CBP—and the Bu- mercial aspects of customs operations. opened the farm bill. Our baseline is reau of Immigration and Customs En- Mr. BAUCUS. I concur in thanking going to be down. It is going to take it forcement—ICE. our colleagues for their cooperation in right out of the baseline of agriculture. Mr. BAUCUS. This is a very impor- addressing this important issue. For I know that is sort of the inside game tant topic. As the Chairman of the Fi- the benefit of the record, would the around here. That means agriculture is nance Committee will recall, the issue Chairman of the Finance Committee taking a hit. of customs authority was a major one outline the clarifications that have What makes this so terrible is that in in the debate leading up to passage of been added to the resolution? the last 3 years we, agriculture—I the Homeland Security Act of 2002. The Mr. GRASSLEY. I would be pleased should not say ‘‘we’’—the farmers of Finance Committee held a hearing in to do so. To begin, I think it’s impor- America saved the taxpayers of this July 2002, followed by a letter to the tant to appreciate the context in which country $15 billion that was allotted Chairman and Ranking Member of the the clarifications have been made. for them under the farm bill that they Governmental Affairs Committee. We Commercial customs functions are one did not have to take. That was $15 bil- stressed the importance of preserving element of the comprehensive inter- lion that went back to the Treasury. the revenue collection and trade facili- national trade agenda of the United You would think we would say: OK, if tation functions of the U.S. Customs States. The various elements of inter- we saved $15 billion, that is where the Service, even as that agency moved national trade and trade policy are disaster assistance ought to come into the Department of Homeland Se- woven together so thoroughly that ef- from. We are talking about $3 billion or curity with an added national security fective oversight of the whole neces- $2.8 billion. We have already saved $15 focus. I would be pleased to engage in a sitates oversight of the individual ele- billion. colloquy on this topic with my good ments of trade. Now, of utmost impor- But no, they are not going to count friend from Iowa. tance to our broader purpose here that. They are not going to count that. Mr. GRASSLEY. I appreciate the today, we agree that preservation of I am sorry to have to say this. We in Senator’s recollection of our efforts on Finance Committee jurisdiction in this the Senate passed an amendment to this issue. I would add that following manner will not in any way diminish provide for disaster assistance that the hearing and our letter, we worked the effective oversight of Department would be emergency. We did it here, closely with the Committee on Govern- of Homeland Security functions by the but the House didn’t. And the White mental Affairs and with the Adminis- Committee on Homeland Security and House, OMB, is insisting, insisting that tration to develop text that would keep al affairs. Consequently, the clarifica- this $2.8 billion of disaster assistance intact the commercial functions of the tions we’ve added serve only to en- for our farmers be taken out of agri- Customs Service. Under the final legis- hance effective oversight by the United culture but not the disaster assistance for farmers in Alabama or Georgia or lation, authorities vested in the Sec- States Senate of both the homeland se- the Carolinas or Florida. Please, some- retary of the Treasury relating to cus- curity interests and the international one tell me, what is the difference? toms revenue functions remained with trade interests of the United States. Now, the provisions we’ve added Maybe we are just not lucky enough to the Secretary of the Treasury unless specify that the Committee on Home- have the President’s brother as our delegated to the Secretary of Home- land Security and Governmental Af- Governor, or your Governor. land Security. By order of the Sec- That is why I am so upset about this. retary dated May 15, 2003 Treasury fairs will have jurisdiction over mat- It is just not right. It is not right what Order 100–16), the Secretary of the ters relating to the Department of they are doing. They are fundamen- Treasury delegated to the Secretary of Homeland Security, except matters re- tally changing a program we agreed Homeland Security general authority lating to the following: first, any cus- upon. They are taking it out of agri- over Customs revenue functions, sub- toms revenue function, including but culture, even after we saved all this ject to certain exceptions that pre- not limited to the customs revenue money. It is not right. I am going to served Treasury’s oversight of the Cus- functions enumerated in section 415 of stand here and I am going to fight. toms Service with respect to policy the Homeland Security Act of 2002. For I told them I probably can’t win. matters and the authority to issue reg- example, that would cover the assess- They have the votes and they have the ulations and determinations. ment and collection of customs duties, White House. But I am going to fight Mr. BAUCUS. Yes, and I believe we antidumping and countervailing duties, for my farmers. I am going to stand can both agree that our efforts were duties imposed under the various safe- here or sit here to the bitter end. If I successful in preserving the revenue guard provisions in our trade laws, ex- do not win this time, I will be back. functions, commercial functions, and cise taxes, fees and penalties due on I told the majority leader. Majority commercial operations of the Customs imported merchandise. But these are leader, I said, I like you, I respect you. Service, including oversight of those only some of the many revenue func- He is a fine guy and he has a tough job. functions and operations within the tions associated with customs oper- But, I said, I have to fight for my farm- Committee on Finance. ations. I encourage my colleagues to ers. I have to fight for my rural people. Mr. GRASSLEY. I concur entirely. refer to section 415 of the Act, and I have to fight to make sure they are And the Senator’s last point-the impor- again I note that section 415 is illus- not discriminated against. I said, Lead- tance of preserving oversight of the trative and does not provide an exhaus- er, if I get rolled here, I will be back. If revenue functions, commercial func- tive list of the customs revenue func- we come back in October, I will be tions, and commercial operations that tions that will remain within Finance back then. I will be back in November, are now delegated to CBP and ICE— Committee jurisdiction. too. I will be back. I will be back. leads directly to the main point of this Second, matters relating to any com- Mr. President, I yield the floor. colloquy; namely, the necessity of pre- mercial function or commercial oper- JURISDICTION serving the role of the Finance Com- ation of the Bureau of Customs and Mr. GRASSLEY. I would like to en- mittee as primary overseer of the cus- Border Patrol and the Bureau of Immi- gage in a colloquy with the ranking toms revenue functions, the commer- gration and Customs Enforcement

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2004 CONGRESSIONAL RECORD — SENATE S10815 would be excluded from the jurisdic- ered by this third clarifying provision. Mr. BAUCUS. I thank the Finance tion of the Committee on Homeland As comprehensive as this report is, I Committee Chairman. There is one last Security and Governmental Affairs. note that it serves to provide illus- point, I think, we should address. First, That would cover, for example, matters trative guidance and is not an exhaus- I would like to add that it’s my under- relating to trade facilitation and trade tive list of the functions or operations standing that the Finance Committee regulation. But let’s take a closer look encompassed by the third clarification has had jurisdiction over customs for at what that would mean. Last year I we’ve added. 188 years, and so I am glad to see today introduced the Clean Diamond Trade There being no objection, the mate- that the Committee’s expertise will Act. That important legislation pro- rial was ordered to be printed in the continue to be brought to bear on the hibits trade in conflict diamonds. Once RECORD, as follows: customs revenue functions and the introduced, it was referred to the Com- DEPARTMENT OF THE TREASURY, commercial functions and operations mittee on Finance where we held a Washington, DC, January 24, 2003. of our customs officials. As part of that hearing and reported it to the full Sen- Hon. CHARLES GRASSLEY, longstanding oversight, I note that re- ate with the benefit of committee’s ex- Chairman, Committee on Finance, Dirksen Sen- ferral of nominees for the position of ate Office Building, Washington, DC pertise. In the future, similar legisla- Hon. MAX BAUCUS, Commissioner of Customs has been to tion to regulate imports or exports Committee on Finance, Dirksen Senate Office the Finance Committee. I ask the would also be referred to the Finance Building, Washington, DC. Chairman, does he anticipate that such Committee. GENTLEMEN: Under Section 418(b) of the referral will continue in the future? Mr. BAUCUS. That specific example Homeland Security Act of 2002 (the ‘‘Act’’), Mr. GRASSLEY. I thank the Sen- is very helpful. Does the Chairman of Title IV, Subtitle B, Public L. No. 107–296, 116 ator. Under section 411 of the Home- the Finance Committee have any other Stat. 2135 (November 24, 2002), the Secretary land Security Act of 2002, there is es- examples in mind? of the Treasury is directed to report to your tablished a Commissioner of Customs, Mr. GRASSLEY. Well, another exam- Committees any proposed conforming amendments to determine the appropriate who shall be appointed by the Presi- ple would be the Convention on Cul- allocation of legal authorities described dent, by and with the advice and con- tural Property Implementation Act, under section 412(a)(2) of the Act. The Sec- sent of the Senate. The Commissioner over which the Finance Committee retary of the Treasury is also directed to of Customs reports to the Under Sec- would retain jurisdiction. That legisla- identify those authorities vested in the Sec- retary for Border and Transportation tion authorizes the United States to retary of the Treasury that are exercised by Security. The Commissioner of Cus- enter into bilateral agreements to pro- the Commissioner of Customs on or before toms shall oversee certain functions, tect the cultural antiquities of a trad- the effective date of this section. This report including functions performed by the ing partner. Another example would in- is due not later than 60 days after the date of enactment of the Act and is provided by this following personnel and associated sup- clude matters relating to the Auto- letter. port staff of the United States Customs mated Commercial Environment—or Treasury has identified no conforming Service on the day before the effective ACE—computerized entry system for amendments needed to determine the appro- date of the Homeland Security Act: Im- imports. Again, the driving factor here priate allocation of legal authorities deport Specialists, Entry Specialists, is whether a matter is commercial or scribed under section 412(a)(2) of the Act. Drawback Specialists, National Import trade regulatory in nature; if so, the Under section 412(a)(1), authority related to Specialists, Fines and Penalties Spe- Finance Committee would retain juris- Customs revenue functions that was vested in the Secretary of the Treasury by law be- cialists, attorneys of the Office of Reg- diction over the matter notwith- fore the effective date of this Act under ulations and Rulings, Customs Audi- standing that the matter may fall those provisions of law set forth in section tors, International Trade Specialists, among the duties assigned to an em- 412(a)(2), shall not be transferred to the Sec- and Financial Systems Specialists. ployee of the Department of Homeland retary of Homeland Security by reason of Clearly, the responsibilities of the Security. this Act. Rather, on and after the effective Commissioner of Customs encompass Mr. BAUCUS. I thank the Chairman. date of this Act, the law provides that the customs revenue functions, and com- Are there any other matters that fall Secretary of the Treasury may, at his discre- mercial functions and operations, that tion, delegate any such authority to the Sec- within the exception to transfer of ju- are now assigned to employees of the risdiction to the Committee on Home- retary of Homeland Security and that the Secretary of the Treasury shall consult with Department of Homeland Security. So, land Security and Governmental Af- the Secretary of Homeland Security regard- in response to the Senator, I say yes, it fairs? ing the exercise of any authority not so dele- is clear that referral of future nomi- Mr. GRASSLEY. Yes, in fact there is gated. Based on our review, we have identi- nees for the position of Commissioner a third clarification that’s been added. fied no barriers to the appropriate allocation of Customs, or any position or posi- The Committee on Homeland Security of legal authorities described under section tions charged with responsibilities and Governmental Affairs will have ju- 412(a)(2). As we work with the Department of similar to those of the Commissioner Homeland Security and others to implement risdiction over matters relating to the of Customs, will continue to be made Department of Homeland Security, ex- the act, we will notify you promptly if we determine that currently unforeseen legal bar- to the Finance Committee. cept with respect to any other function riers pose a problem that require a legisla- Mr. BAUCUS. I thank the Chairman related to the customs revenue func- tive solution. of the Finance Committee for his tions or to the commercial functions or To complete this report, a chart is at- elaboration of the provisions that have commercial operations that were exer- tached identifying those authorities vested been added to clarify the parameters of cised by the United States Customs in the Secretary of the Treasury that are ex- the jurisdiction of the Committee on Service on the day before the effective ercised by the Commissioner of Customs on Homeland Security and Governmental or before the effective date of this Act. We date of the Homeland Security Act of Affairs, and for his description of illus- 2002. Now, the Homeland Security Act are pleased to be of assistance in this matter. trative and non-exhaustive examples of directed the Secretary of the Treasury Sincerely, the types of jurisdiction that will re- to identify, within 60 days after the DAVID D. AUFHAUSER, main within the Committee on Fi- date of enactment of the Act, those au- General Counsel. nance. thorities vested in the Secretary of the Mr. GRASSLEY. Mr. President, the ∑ Mr. CHAMBLISS. Mr. President, I Treasury that were exercised by the chart attached to the January 24, 2003, rise today to speak on H.R. 4520, the Commissioner of Customs on or before letter of the General Counsel to the American Jobs Creation Act of 2004. the effective date of the act. By letter Chairman and Ranking Member of the This important legislation attempts dated January 24, 2003, the General Senate Finance Committee regarding to comply with the World Trade Orga- Counsel at the Department of the the authorities vested in the Secretary nization, WTO, rulings on the Foreign Treasury transmitted that report to of the Treasury that were exercised by Sales Corporation, FSC, the Finance Committee. I ask unani- the Commissioner of Customs prior to Extraterritorial Income, ETI, benefit mous consent that the General Coun- the effective date of the Homeland Se- in order to prompt the European Union sel’s letter and attached report be curity Act of 2002 may be accessed at to rescind trade tariffs currently printed in the RECORD, in order to pro- the Finance Committee Web site under placed on United States exporters. It vide further guidance as to what is cov- ‘‘Legislation—January 2003’’. would repeal an export provision in the

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10816 CONGRESSIONAL RECORD — SENATE October 8, 2004 United States tax code that has been man and ranking member of the Fi- diately proceed to a vote on the adop- ruled an unfair subsidy and therefore nance Committee for their assistance tion of the Harkin resolution, with no does not comply with the WTO. In ad- in getting my amendment on the Civil intervening action or debate and the dition this bill seeks to preserve jobs Rights Tax Review in the conference preamble then be agreed to. and production activities in the United report to accompany H.R. 4520, the I further ask unanimous consent that States via the simplification of inter- American Jobs Creation Act of 2004. the vote with respect to cloture on the national tax laws and a mix of invest- The law with respect to the tax conference report to accompany H.R. ment incentives. A $10 million tobacco treatment of attorneys’ fees paid by 4520 occur at 1 p.m. Sunday, October 10. buyout, minus the Food and Drug Ad- those that receive settlements or judg- Finally, I ask unanimous consent ministration’s regulation, is also incor- ments in connection with a claim of that during Sunday’s session it be in porated within this bill. unlawful discrimination, a Qui Tam order for the Senate to consider a bill This bill would replace the current proceeding or actions containing dam- regarding overtime compensation and a export subsidy that has been ruled un- ages for non-physical injuries was un- bill regarding FDA and tobacco prod- fair by the WTO with a new $77 billion clear and that its application was ques- ucts which are currently at the desk; I tax break on manufacturing income. tionable as interpreted by the IRS. It ask unanimous consent that on Sunday Companies will also be able to exclude was never the intent of Congress that those bills be read a third time and 9 percent of their manufacturing prof- the attorneys’ fees portions of such re- passed, en bloc, with the motions to re- its from taxation and multinational coveries should be included in taxable consider laid upon the table with no in- companies will receive $43 billion in a income whether for regular income or tervening action or debate. variety of tax cuts on their overseas in- alternative minimum tax purposes. The PRESIDING OFFICER. Is there come. These tax breaks and incentives The language contained in section 703 objection? are instrumental in our attempt to of H.R. 4520, the American Jobs Cre- Mr. LEAHY. Mr. President, reserving comply with the WTO while ensuring ation Act of 2004 is intended to clarify the right to object, and I shall not, this American jobs stay at home. the proper interpretation of the prior does not preclude other matters that Also included in this package is a law, and any settlements prior to the might be worked out either by consent landmark change. This bill contains date of enactment should be treated in or otherwise during that time; is that provisions to terminate the Federal to- a manner consistent with such intent. correct? bacco quota program. This tobacco The conferees are acting to make it Mr. FRIST. That is correct. quota program was created during the clear that attorneys’ fees and costs in Mr. LEAHY. I will not object. 1930s and has provided controls on the these cases are not taxable income, es- The PRESIDING OFFICER. Without production of tobacco for decades. And pecially where the plaintiff, or in the objection, it is so ordered. it has worked well. However, since 1998 case of a Qui Tam proceeding, the rela- The Senator from Vermont. tobacco quotas have been cut by over tor, never actually receives the portion f 50 percent leaving tobacco farmers of the award paid to the attorneys. De- THE DNA ACT with no where to turn. This package spite differing opinions by certain ju- provides compensation for those farm- risdictions and the IRS, this is the cor- Mr. LEAHY. Mr. President, I have ers and quota holders who have lost rect interpretation of the law prior to been in a lot of discussions today by over half of their assets through no enactment of section 703 as it will be phone, with my staff, and elsewhere, on fault of their own. going forward. In adopting this provi- H.R. 5107, something referred to as the Compensation of $7 to quota owners sion, the Congress in no way intends to innocent protection act and by others and $3 to producers based on the 2002 prejudice the tax treatment of settle- as the DNA act. effective quota level is provided in this ments or awards made prior to that I think we are close. In some ways, it package while at the same time it time and the courts and IRS should not is like the perils of Pauline, you are up keeps producers free of potential bur- treat attorneys’ fees and other costs as the hill, down the hill, if we can ex- densome regulations advocated by taxable income. cuse, at 10 minutes of 8 in the evening, some in the industry. I am pleased that f mixed metaphors. the funding for this buyout comes at But this is a bill that passed with no cost to the taxpayer without grant- UNANIMOUS CONSENT overwhelming bipartisan support in the ing authority to the FDA to regulate AGREEMENT other body, from the most conservative tobacco and tobacco products. Mr. FRIST. Mr. President, I ask to the most liberal Members of the In terms of the economy, this legisla- unanimous consent that at 11:15 a.m. other body. Then there is just a little tion will have a significant impact on on Saturday, October 9, the Senate pro- difference, or at the last moment the rural Georgia. Mr. President, $607 mil- ceed to votes in relation to any pend- Department of Justice comes up with lion will be provided over a ten year pe- ing amendments to the McConnell-Reid some little thing they just thought of. riod. Additionally growers can con- amendment to S. Res. 445; provided fur- After a while, one wonders if even tinue to produce tobacco without gov- ther that it be in order prior to the with the proven, overwhelming sup- ernment constraints and be competi- votes for Senators to offer a qualified port—polls show overwhelming support tive in the world tobacco market. amendment from the unanimous con- for it; the other body has passed it I support the passage of this signifi- sent list of last night; provided further overwhelmingly. I would guess if we ac- cant legislation because it will benefit that following the disposition of those tually had a vote in this body, 80 to 90 the manufacturing industry in Georgia amendments the Senate proceed to a Members would vote for it. There are while ensuring American jobs are not vote on the adoption of the pending always a couple of Members who have lost overseas due to burdensome and McConnell-Reid substitute, to be fol- some reason for holding it up. I hope unfair tax regulations. I also support lowed by the immediate vote on clo- we get rid of that. I hope we are com- the passage of this bill because of the ture on the underlying resolution; fur- ing closer. unregulated FDA tobacco buyout pro- ther, that if cloture is invoked, the I only wanted to say this for my col- visions that compensate tobacco farm- Senate immediately proceed to a vote leagues both in the House and in the ers for assets that have been plundered on adoption of the resolution, as Senate who have been working with me by the Federal Government. amended, with no intervening action or and my staff today and working with It is because of my son’s wedding this debate. people everywhere, from church groups weekend in Georgia that I regret that I I now ask unanimous consent it then to prosecutors’ groups throughout yes- will not be able to actually vote on this be in order during Saturday’s session terday and late last night and through- legislation. However, if I was in attend- for the Senate to consider a resolution out today, I am hoping we can settle. ance and able to cast my vote on H.R. submitted by Senator HARKIN regard- That is why I asked the question of the 4520, it would be in support of this ing the sense of the Senate on agricul- distinguished Senator from Tennessee, bill.∑ tural emergencies which is currently at to make sure we reach such an agree- Mr. BINGAMAN. Mr. President, I the desk; further, that when the Senate ment at some point and we can move come to the floor to thank the chair- finishes S. Res. 445, the Senate imme- forward.

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2004 CONGRESSIONAL RECORD — SENATE S10817 I suggest the absence of a quorum. He was from San Juan Capistrano, LANCE CORPORAL DREW M. UHLES, AGE 20 The PRESIDING OFFICER. The CA. Lance Corporal Uhles died September clerk will call the roll. PRIVATE FIRST CLASS DAVID BURRIDGE AGE 19 15 from injuries received due to enemy The legislative clerk proceeded to Private First Class Burridge died action in Al Anbar Province. call the roll. September 6 due to enemy action in Al He was assigned to first Battalion, Mr. FRIST. Mr. President, I ask Anbar Province. 7th Marine Regiment, first Marine Di- unanimous consent that the order for He was assigned to second Battalion, vision, Marine Corps Air Ground Com- the quorum call be rescinded. first Marine Regiment, first Marine Di- bat Center, Twentynine Palms, CA. The PRESIDING OFFICER. Without vision, Camp Pendleton, CA. CORPORAL JAYGEE MELAUT, AGE 24 objection, it is so ordered. LANCE CORPORAL MICHAEL J. ALLRED, AGE 22 Corporal Melaut died September 13 f Lance Corporal Allred died Sep- due to enemy action in Al Anbar Prov- MORNING BUSINESS tember 6 due to enemy action in Al ince. He was assigned to 3rd Assault Am- Mr. FRIST. Mr. President, I ask Anbar Province. He was assigned to second Battalion, phibian Battalion, first Marine Divi- unanimous consent that there now be a sion, Camp Pendleton, CA. period of morning business, with Sen- first Marine Regiment, first Marine Di- vision, Camp Pendleton, CA. FIRST LIEUTENANT ANDREW K. STERN, AGE 24 ators speaking for up to 10 minutes First Lieutenant Stern died Sep- FIRST LIEUTENANT ALEXANDER E. WETHERBEE, each. tember 16 from injuries received due to The PRESIDING OFFICER. Without AGE 27 First Lieutenant Wetherbee died Sep- enemy action in Al Anbar Province. objection, it is so ordered. He was assigned to first Tank Bat- tember 12 from injuries received from f talion, first Marine Division, Marine enemy action in Al Anbar Province. HONORING OUR ARMED FORCES He was assigned to 3rd Assault Am- Corps Air Ground Combat Center, Mrs. BOXER. Mr. President, today I phibian Battalion, first Marine Divi- Twentynine Palms, CA. rise to pay tribute to 29 young Ameri- sion, Camp Pendleton, CA. CORPORAL STEVEN A. RINTAMAKI, AGE 21 Corporal Rintamaki died September cans who have been killed in Iraq since PRIVATE FIRST CLASS JASON T. POINDEXTER, 16 due to enemy action in Al Anbar September 3. All of them were from AGE 20 California or were based in California. Private First Class Poindexter died Province. He was assigned to 3rd Battalion, PETTY OFFICER 3RD CLASS ERIC L. KNOTT, AGE September 12 due to enemy action in first Marine Regiment, first Marine Di- 21 Al Anbar Province. Petty Officer Knott was killed Sep- He was assigned to second Battalion, vision, Camp Pendleton, CA. tember 4 when the area in which he 5th Marine Regiment, first Marine Di- CORPORAL CHRISTOPHER S. EBERT, AGE 21 was working was struck by enemy fire. vision, Camp Pendleton, CA. Corporal Ebert died September 17 due He died of shrapnel wounds and had to enemy action in Al Anbar Province. SPECIALIST EDGAR P. DACLAN, AGE 24 He was assigned to second Battalion, been supporting Operation Iraqi Free- Specialist Daclan died September 10 first Marine Regiment, first Marine Di- dom. in Balad, Iraq when his patrol was revision, Camp Pendleton, CA. He was assigned to Naval Mobile Con- sponding to indirect fire and an impro- struction Battalion 4, Port Hueneme, LANCE CORPORAL GREGORY C. HOWMAN, AGE 28 vised explosive device exploded. Lance Corporal Howman died Sep- CA. He was assigned to the first Bat- tember 15 due to enemy action in Al LANCE CORPORAL LAMONT N. WILSON, AGE 20 talion, 18th Infantry, first Infantry Di- Lance Corporal Wilson died Sep- Anbar Province. vision from Schweinfurt, Germany. He was assigned to second Battalion, tember 6 due to enemy action in Al He was from Cypress, CA. 5th Marine Regiment, first Marine Di- Anbar Province. LANCE CORPORAL DOMINIC C. BROWN, AGE 19 He was assigned to second Battalion, vision, Camp Pendleton, CA. Lance Corporal Brown died Sep- LANCE CORPORAL STEVEN C.T. CATES, AGE 22 first Marine Regiment, first Marine Di- tember 13 due to a non-combat related vision, Camp Pendleton, CA. Lance Corporal Cates died September incident in Al Anbar Province. 20 due to enemy action in Al Anbar CORPORAL MICK R. NYGARDBEKOWSKY, AGE 21 He was assigned to Headquarters Bat- Corporal Nygardbekowsky was killed Province. talion, first Marine Division, Camp He was assigned to first Battalion, in action September 6 from an explo- Pendleton, CA. 7th Marine Regiment, first Marine Di- sion while conducting combat oper- STAFF SERGEANT GUY S. HAGY, JR., AGE 31 vision, Marine Corps Air Ground Com- ations in the Al Anbar Province. Staff Sergeant Hagy died September bat Center, Twentynine Palms, CA. He was assigned to second Battalion, 13 in Baghdad when an improvised ex- first Marine Regiment, first Marine Di- SERGEANT BENJAMIN K. SMITH, AGE 24 plosive device detonated near his ob- Sergeant Smith died September 22 vision, Camp Pendleton, CA. He was servation post. from Concord, CA. due to enemy action in Al Anbar Prov- He was assigned to the first Bat- ince. LANCE CORPORAL JOSEPH C. MCCARTHY, AGE 21 talion, 12th Cavalry Regiment, first He was assigned to first Tank Bat- Lance Corporal McCarthy was killed in ac- Cavalry Division, Fort Hood, TX. talion, first Marine Division, Marine tion September 6 from an explosion while He was from Lodi, CA. conducting combat operations in the Al Corps Air Ground Combat Center, Anbar Province. MAJ. KEVIN M. SHEA, AGE 38 Twentynine Palms, CA. He was assigned to second Battalion, Maj. Shea died September 14 due to LANCE CORPORAL RAMON MATEO, AGE 20 first Marine Regiment, first Marine Di- enemy action in Al Anbar Province. Lance Corporal Mateo died Sep- vision, Camp Pendleton, CA. He was assigned to first Marine Regi- tember 24 as result of enemy action in He was from Concho, CA. ment, first Marine Division, Camp Pen- Al Anbar Province. LANCE CORPORAL QUINN A. KEITH, AGE 21 dleton, CA. He was assigned to Headquarters and Lance Corporal Keith died September LANCE CORPORAL MATTHEW D. PUCKETT, AGE 19 Service Company, 7th Marine Regi- 6 due to enemy action in Al Anbar Lance Corporal Puckett died Sep- ment, first Marine Division, Marine Province. tember 13 due to enemy action in Al Corps Air Ground Combat Center, He was assigned to second Battalion, Anbar Province. Twentynine Palms, CA. first Marine Regiment, first Marine Di- He was assigned to 3rd Assault Am- SERGEANT TIMOTHY FOLMAR, AGE 21 vision, Camp Pendleton, CA. phibian Battalion, first Marine Divi- Sergeant Folmar died September 24 LANCE CORPORAL DEREK L. GARDNER, AGE 20 sion, Camp Pendleton, CA. as result of enemy action in Al Anbar Lance Corporal Gardner was killed in CORPORAL ADRIAN V. SOLTAU, AGE 21 Province. action September 6 from an explosion Corporal Soltau died September 13 He was assigned to second Battalion, while conducting combat operations in due to enemy action in Al Anbar Prov- 5th Marine Regiment, first Marine Di- the Al Anbar Province. ince. vision, Camp Pendleton, CA. He was assigned to Headquarters Bat- He was assigned to 3rd Assault Am- LANCE CORPORAL AARON BOYLES, AGE 24 talion, first Marine Division, Camp phibian Battalion, first Marine Divi- Lance Corporal Boyles was killed in Pendleton, CA. sion, Camp Pendleton, CA. action September 24 from small arms

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10818 CONGRESSIONAL RECORD — SENATE October 8, 2004 fire while conducting combat oper- bomb bay of the plane, making sure all advanced in reading, and 84 percent ations in the Al Anbar Province. of his fellow crew were out of the plane were proficient or advanced in math. He was assigned to Headquarters and first. Because of Lt. Kingsley’s pre- South Dakota also has one other Service Company, 7th Marine Regi- vious flying experience, he jumped into Blue Ribbon School this year: The ment, first Marine Division, Marine the pilot’s seat and tried to regain con- Challenge Center School in Sioux Corps Air Ground Combat Center, trol of the aircraft, which descended Falls. Twentynine Palms, CA. and circled the field in an attempt to If you visit Corral Drive Elementary He was from Alameda, CA. land. Witnesses reported seeing the air- School—as I had the pleasure of doing SERGEANT FIRST CLASS JOSELITO O. craft dive steeply and crash in a field last spring—it’s clear why the school is VILLANUEVA, AGE 36 just north of Plovdiv, Bulgaria. Lt. so successful. It is a lively place where Sergeant First Class Villanueva died Kingsley never got out alive. For his each child’s spark of curiosity is nur- September 27 in Balad, Iraq when he extreme bravery he was posthumously tured and valued. The walls are covered was at an observation post and was awarded the Medal of Honor. with students’ work and teachers and shot by a sniper. Today, one of the Oregon Air Guard’s parents are eager to talk about the He was assigned to the 9th Engineer F–15 units is based in southern Oregon children’s progress. Overseeing it all is Battalion, first Infantry Division, at Kingsley Field, named in Lt. a thoughtful and energetic principal, Schweinfurt, Germany. Kingsley’s honor. This year marked the Mrs. Nancy Whitcher. He was from Los Angeles, CA. 60th anniversary of that fateful day Like communities across America, PRIVATE FIRST CLASS KENNETH L. SICKELS, AGE and of Kingsley’s heroism. Rapid City has had to cut a number of 20 At a time when so many young men programs for students, in order to meet Private First Class Sickels died Sep- and women from Oregon and all across budget constraints as well as the new tember 27 in Al Anbar Province. the Nation are fighting overseas, we mandates in the No Child Left Behind He was assigned to first Battalion, honor their service. And we must also Act. The fact that Corral Drive Ele- 7th Marine Regiment, first Marine Di- remember to honor the service of these mentary School has achieved such suc- vision, Marine Corps Air Ground Com- veterans—some of whom, like Lt. cess in the face of such significant bat Center, Twentynine Palms, CA. He Kingsley, have made the ultimate sac- challenges makes the Blue Ribbon was from Apple Valley, CA. rifice—so that we can live in freedom School designation all the more im- Two hundred and eighty three sol- and continue to pursue our dreams. We pressive. Parents, teachers, adminis- diers who were either from California do not forget and will not forget them, trators and everyone in the Corral or based in California have been killed and we are forever grateful for their Drive community can be very proud of while serving our country in Iraq. I honorable service to and sacrifices for Blue Ribbon School designation and, pray for these young Americans and our Nation. more importantly, of everything they are doing to make sure that their chil- their families. SERGEANT JOSHUA J. SKVOR dren have the opportunity to develop LIEUTENANT DAVID KINGSLEY MEMORIAL Mr. GRASSLEY. Mr. President, I rise SERVICE their God-given skills and abilities. today in honor of a fellow Iowan and a Education is something South Dako- Mr. WYDEN. Mr. President, in just a dedicated serviceman, Sergeant Joshua couple of weeks, on October 23, a me- tans take very seriously, and we are J. Skvor, of Cedar Rapids, IA. It is my proud of how well our schools are morial will be erected by villagers and sad duty to inform the Senate that family member at Suhozem, Bulgaria doing. About three-quarters of our chil- Sgt. Skvor, a member of the Iowa Na- dren demonstrated proficient on the to honor one of our Nation’s brave sol- tional Guard, lost his life when the diers and one of Oregon’s native sons, latest No Child Left Behind exams, and truck he was driving was involved in a our state ranks among the top 10 in the Lt. Kingsley. Today, I wish to take a collision with another vehicle north of country on the National Assessment of few minutes to remember Lt. Kingsley Amana, IA. My deepest sympathy goes Educational Progress. and share his story of great courage out to his family and friends. Sgt. Good, strong public schools like Cor- and sacrifice. Skvor was assigned to the Iowa Army ral Drive are pillars of hope. They are The story of Lt. David Kingsley is National Guard’s Headquarters and also the cornerstone of American de- emblematic of the strength and pio- Headquarters Company, 234th Signal mocracy. They are what has helped neering spirit of the earliest Orego- Battalion, stationed in Cedar Rapids. America create the most innovative, nians. Lt. Kingsley was born and raised He is survived by his mother and fa- powerful economy the world has ever in Portland, OR and graduated from ther, Rachel and Joseph Skvor. They known. It’s important to let our edu- Benson High School. Prior to enlisting can be very proud of their son. cators and parents know that we value in the Air Force, he worked in the dis- Though not currently serving on Fed- their efforts and celebrate their suc- aster unit of the Portland Fire Bu- eral active duty, Sgt. Skvor had re- cesses. So today, I am pleased to send reau—always committed to the service cently returned from a 14-month de- my congratulations to the educators of his community and country. During ployment in Iraq in support of Oper- and families of the Corral Drive school. the Second World War, he went to pilot ation Iraqi Freedom. As we mourn his Keep up the great work! training, and then served as a bom- tragic loss, it is fitting that we pay f bardier in a B–17F. He was assigned to tribute to his service to his country. the 341st Bomb Squadron, 97th Bom- He will be missed by his fellow soldiers CONGRATULATIONS ON 30 YEARS bardment Group, 15th Air Force. as well as all those who knew him. Mr. DASCHLE. Mr. President, this On June 23, 1944, he was on Mission f month we celebrate an important mile- No. 295, flying out of Amendola airfield stone in South Dakota: The opening of in Foggia, Italy against the Dacia Oil CORRAL DRIVE ELEMENTARY the first Super 8 Motel. Refinery in Ploesti, Romania. While on SCHOOL In 1974, the first Super 8 Motel the bombing run, the right wing of his Mr. DASCHLE. Mr. President, I opened in my hometown of Aberdeen, aircraft was hit by enemy fire. His air- would like to take a moment to con- SD. This motel is a pioneer of the econ- craft took 15 strikes, crippling it as it gratulate the Corral Drive Elementary omy motel industry, and a perfect ex- flew over Bulgaria. The attack injured School in Rapid City for being recog- ample of entrepreneurial success. In its several members of the aircrew, includ- nized by the U.S. Department of Edu- first year of operation, Super 8 showed ing the tail-gunner. Lt. Kingsley had to cation as a ‘‘Blue Ribbon School.’’ that its founders, Dennis Brown and remove the tail-gunner’s damaged The Federal Blue Ribbon Schools Ron Rivett, were surpassing their goals parachute to provide first-aid. program recognizes schools that make by leaps and bounds—one year after its An order to bailout was given; the significant progress in closing the first motel opened, an additional three Lieutenant gave his parachute to the achievement gap or whose students motels sprang up in the cities of injured tail-gunner and reminded him achieve at very high levels. Corral Pierre, Mitchell, and Yankton. This to pull the ripcord. The last airman Drive Elementary School clearly meets unprecedented growth continued, and exiting the crippled aircraft remembers those high standards. Last year, 90 per- today, in Super 8’s thirtieth year of op- seeing Lt. Kingsley standing in the cent of its students were proficient or eration, this small business venture

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2004 CONGRESSIONAL RECORD — SENATE S10819 has resulted in over 2,000 motels open- TRIBUTE TO MR. CLATIS WALKER last day of Hispanic Heritage Month, ing throughout the United States and Mr. MCCONNELL. Mr. President, I an annual celebration in which we rec- Canada. rise today to pay tribute to a valued ognize the tremendous contributions of Super 8’s success is predicated on the educator in my State who is retiring in our Nation’s Latino community. This core operating values that Dennis and November after more than 30 years of day will focus attention on an impor- Ron instilled in their employees and service to the youth of Kentucky, Mr. tant health challenge facing the Latino motel owners: cleanliness, efficiency, Clatis Walker. community, and on how we can help and friendly service. From its incep- The education profession is one that the community overcome this chal- tion, the founders and board members people seem to take for granted from lenge. continually strived to better serve time to time in our society, but its im- Latinos account for 14 percent of all their customers. Some examples of portance cannot be overlooked. The HIV infection cases and 15 percent of their strong commitment to customer impact educators have on future gen- AIDS cases in Clark County. It is crit- service are the implementation of one erations is paramount. This responsi- ical that we stop the spread of this ter- of the first toll-free reservation lines in bility is made all the greater when the rible disease. The dedication of LUCES the early 1970s and the VIP club, which focus is on children with special needs. to educating and advocating on this currently has over 7.5 million mem- Mr. Walker has taken this responsi- important issue in Clark County is bers. bility and welcomed it throughout his commendable. I will never forget when I returned career. I would like to take a moment to rec- home to Aberdeen and saw the first In 1972, Mr. Walker began his career ognize several individuals for their Super 8 Motel: a two story stucco as a special education teacher in Mont- hard work and strong commitment on building on Sixth Avenue, Southeast. gomery County, KY. Six years later, he this issue: Cheryl Ballard, Marcia At that time, very few people could became a field service consultant for English, Cherie Filler-Maietta, Robbie conceive that this start-up business the Bureau of Education for Excep- Keeley, Ernesto Martinez, Julie would reshape the hospitality industry. tional Children for the Kentucky De- McCain, Keanu Medina, Molly Puno, Thankfully, Dennis and Ron had the partment of Education. Elias Zamorano, and Louise Zuniga. plan and the motivation to realize Mr. Walker jumped back into the Please join me in congratulating the their goals and make believers out of classroom in 1980 when he accepted the members of LUCES for their work to ordinary folks in need of a place to position as Special Education Work promote public health, and in wishing stay on the road. Study Program coordinator and Ath- them great success in their future en- After my stays at Super 8 Motels, it letics Director at Bourbon County High deavors. was clear that this company was des- School. In 1982, he returned to Mont- f tined for greatness. Super 8 is a true gomery County, where he began his LOCAL LAW ENFORCEMENT ACT American success story, which could teaching career. He spent the next 9 not have been achieved without the OF 2003 years serving in several capacities in- Mr. SMITH. Mr. President, I rise hard work and determination of Den- cluding, special education coordinator, nis, Ron, and all of their hard-working today to speak about the need for hate early childhood coordinator, chairman crimes legislation. On May 1, 2003, Sen- staff. I am confident that Super 8 will of the Northeastern Bluegrass Edu- ator KENNEDY and I introduced the continue to grow for many years to cation Cooperative Project, and Assist- come, and I wish to extend my con- Local Law Enforcement Enhancement ant Principal at J.B. McNabb Middle Act, a bill that would add new cat- gratulations to everyone that has been School. involved in this monumental effort egories to current hate crimes law, A change in profession occurred in sending a signal that violence of any over the past 30 years. 1991 when he left the education field to f kind is unacceptable in our society. become an assistant vice president at On October 4, 2000, in LaCrosse, WI, JAPAN AND BURMA Montgomery Traders Bank, where he Jason Welch and Jason Elisius, both 21, was a loan specialist. His absence in Mr. MCCONNELL. Mr. President, it were charged with a hate crime for al- has come to my attention that since the Montgomery County school system legedly violently targeting two gay October of last year, the Government was noticed and in 1993, Mr. Walker remen because of their sexual orienta- of Japan has funded at least 28 new turned as the Director of Special Edu- tion. projects in Burma totaling more than cation and the Director of Public Rela- I believe that the Government’s first $18 million. Some of these funds appear tions. duty is to defend its citizens, to defend to have been provided directly to the In 1999, he was named the Executive them against the harms that come out illegitimate and repressive State Peace Director of the Central Kentucky Spe- of hate. The Local Law Enforcement and Development Council, SPDC. cial Education Cooperative. This coop- Enhancement Act is a symbol that can A question many of my colleagues erative aims to enhance the edu- become substance. I believe that by may be asking is: Why is Japan pro- cational opportunities for its students passing this legislation and changing viding assistance to Burma and the by allowing the Kentucky Department current law, we can change hearts and thugs in Rangoon when Burmese de- of Education, school districts, and minds as well. state universities to work together. mocracy leader Daw Aung San Suu Kyi f and other members and supporters of The important work of this cooperative the National League for Democracy, has taken place because of the leader- A NOTE OF GRATITUDE NLD, remain imprisoned? ship of Mr. Walker. Mr. PRYOR. Mr. President, I rise I wish I knew the answer. Mr. President, today I ask my col- today to acknowledge the assistance Providing assistance to Burma and leagues to join me in honoring and rec- and support one soldier’s family has the SPDC sends exactly the wrong mes- ognizing the career of this outstanding shown him during his 26 years of serv- sage at the wrong time. Assistance to Kentuckian, Mr. Clatis Walker. ice in the United States Army. Lieu- the junta prolongs the suffering of the f tenant Colonel Andy Lucas, currently Burmese people and props up an illegit- serving with J37, Joint Task Force imate regime, headed by Than Swe, HONORING LUCES Global Network Operations, is the old- which has tortured, murdered and Mr. REID. Mr. President, I rise today est of Andrew and Shirley Lucas’ five raped with impunity. to recognize Lo Nuestro de Latinos children. The entire family attend the It is time Japan gets with the pro- Unidos Celebrando Salud, LUCES, or University of Arkansas, making me gram and pressures the SPDC to begin the Latino HIV/AIDS Task Force of particularly proud because that is my meaningful reconciliation with the Clark County, NV for its efforts to pro- alma mater, and Mr. Lucas and three NLD—the only legitimately elected mote National Latino AIDS Awareness of his children have bravely served our leadership of that country. Day. country in the military. Freedom needs Japan’s help in The 2nd Annual National Latino Lieutenant Colonel Lucas wrote to Burma. AIDS Awareness Day will mark the me on the occasion of his retirement

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10820 CONGRESSIONAL RECORD — SENATE October 8, 2004 and asked that I write to each of his We want to provide more child care, so ful State participation rate. For years family members in an effort to show more parents can go to work knowing now, States have had no real Federal them how grateful he is for their love their children are cared for and safe. requirements to actively recruit adults and support over the last 26 year. He In 2003, I worked tirelessly with my into industrious work and work related writes. colleagues on the other side of the aisle activities. Under H.R. 4, States would My family is fantastic, personal bias to produce a comprehensive welfare re- have been required to have 70 percent aside. Throughout my entire time in form bill that enjoyed substantial of their caseload involved in approved the military, they have always been Democratic support. Many of the provi- work activities by 2008. It is important there to support me and provide that sions in the bill we should have passed to know that most States currently emotional stability during deploy- in March reflected the provisions in the have less than 50 percent of their case- ments in both peace and crisis. Every- 2003 bill. This further underscores my loads in approved, full-time, work-re- thing that I have accomplished in the frustration with the Senate Democrats’ lated activities. Several states are military and in life can be attributed failure to support a comprehensive re- below 25 percent. Requirements would to the upbringing, love, and support by authorization bill, and in effect, force oblige States to significantly ramp up my parents coupled with the love and both bodies to fund welfare programs their efforts to engage a much greater support from my brothers and sister. I through a series of short-term exten- number of families in activities that am truly blessed to have such a won- sions, without any further improve- count toward the work participation derful family . . . ments. rate. Our country is blessed to have you, Welfare reform has saved taxpayers Right now, the majority of adults re- too, Andrew and Shirley Lucas; Ernest money, but it has not been free. It will ceiving assistance are reporting zero and Carole Lucas; Lieutenant Colonel not be free in the future. The welfare hours of activity. I think it is time we John and Coleen, John Jr., Kevin, reform bill we tried to pass 6 months recognize that an effective participa- Bryan, and Andrea Lucas; Jim and ago included meaningful reforms and tion rate, and by the elimination of the Cathy, Linden and Weston Spalding; resources needed to help more low-in- caseload reduction credit in the 1996 Thomas and Sara, Darcy and Will come parents go to work. We under- welfare law, we will encourage people Lucas; and April Kulda-Lucas and stand that parents need to know they to commit, to careers, to goals, to real Christopher Drew, LTC Lucas’ wife and have access to quality child care, and recovery. Just half-heartedly trying son. It is extremely hard on our men the bill included an additional $6 bil- will not enable a person to succeed, but and women in uniform to deal with the lion—for a total of $7 billion—in child committing yourself will. ups and downs of military life, but it is care funding to support the efforts of For the sake of the millions of fami- family members like you that help working families who need help with lies that remain in the welfare system, them through it, which is why I am this essential assistance. we should have been able to come to a happy to honor LTC Lucas’ request and I have seen in my home State of final agreement that would have helped say thank you for your service to our Utah, that many of these parents, Americans achieve independence and a country. hardworking people, young and old, brighter future. f end up finding great self-satisfaction in Again, I am very frustrated that we giving their gift of skill at work, at have caved to the passage of another PASSAGE OF H.R. 5149 giving themselves to a task at hand so short-term placeholder extension. Un- Mr. HATCH. Mr. President, last week thoroughly, that they have a meaning- fortunately, the remarkable improve- the Senate passed yet another short- ful relationship with their work. I ments included in H.R. 4 will remain on term extension of the 1996 welfare law. think we will all agree that sometimes hold while we continue to kick the ball This marks the eighth temporary exit isn’t easy to dive into your work down the field. tension—and the third year we have with enthusiasm. But sometimes this As time passes, budget pressures will been unable to improve this program is necessary and appropriate. That is only squeeze tighter and tighter. The that serves millions of needy families. why I would like to talk a little bit additional help we could have offered I rise today to express my disappoint- about its importance, that work re- will become only harder to come by. ment that improving this legislation quirements are increased. f has not been realized because of efforts The increased work requirements in by some of my colleagues to undermine H.R. 4 would have changed the core WORLD FOOD DAY the principles and goals of reform. work requirement from 20 hours per Mr. DURBIN. Mr. President, I rise I think we can all agree that welfare week to 24 hours per week. Total hours today to join people from more than reform has been one of the most suc- required for a state to receive full cred- 150 nations in celebrating October 16 as cessful social policy reforms in U.S. it would have increased from 30 hours World Food Day. history. The 1996 welfare reform legis- per week to 34 hours per week for sin- World Food Day brings much-needed lation made remarkable headway in gle-parent families. Now these are sen- attention to hunger and malnutrition helping welfare dependents move to- sible, reasonable requirements. Two- around the world. Inadequate nutrition ward self-sufficiency. It dramatically parent families would have been re- is an unremitting global health threat. reduced State welfare caseloads, required to work 39 hours per week, or 55 Over 840 million people in the world are duced child poverty, and increased em- hours per week if they received sub- hungry, including more than 300 mil- ployment. But there is still room for sidized child care. States would have lion children. improvement. received partial credit if individuals The United Nations Food and Agri- It is a misfortune that we had to pass worked 20 hours per week, and extra culture Organization has worked for 59 yet another short-term extension that credit if they worked more than 34 years to help both developed and devel- doesn’t give States the certainty they hours per week. Current law provides oping nations create their own sustain- need to best plan for the future. We full credit only at 30 hours. able food supply. passed this welfare extension because Again, I think these modifications Because of the organization’s we had to—it bought us another 6 could have made real progress. The achievements, many people who did months in the hopes that we can fi- more a person sets goals and takes re- not know where their next meal would nally act on a broader welfare reform sponsibility for the career they want, come from can now live healthy and bill in the 109th Congress. they will better be able to decide if a productive lives. Workers from the We want more welfare recipients to particular job fits into the scheme of Food and Agriculture Organization prepare for work, which is the true their life. The harder you work, that is have assisted farmers in Swaziland path off welfare. We want to help more the more hours you work, the more you with growing new crops to combat parents marry or stay married, which understand why you’re working at a problems of hypertension and sugar di- helps them and helps their children. We particular job and how your hard work abetes. They have offered alternatives want to help more parents get ready is going to benefit you. to more than 2000 poor coca farmers in for full-time work, which is what it Another important provision in H.R. Bolivia, helping to curb the production takes to lift families out of poverty. 4 was the establishment of a meaning- of cocaine. Recently, the organization

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2004 CONGRESSIONAL RECORD — SENATE S10821 approved $400,000 in emergency relief ka, and this statistic does not include forward to working with them on addi- funding for Caribbean countries dev- incidences where a women decided not tional solutions to address this prob- astated by this year’s hurricanes. to press charges. Since 1976, Alaska has lem. The Food and Agriculture Organiza- ranked in the top five States for the Mr. JOHNSON. Mr. President I rise tion is not alone in its effort to fight highest rate of rape per 100,000 total in- today to mark the beginning of Na- hunger. Last month, the Senate Hun- habitants. tional Domestic Violence Awareness ger Caucus, which I cochair with Sen- The epidemic domestic violence and Month, NDVAM and to acknowledge ators DOLE, LINCOLN, and SMITH, met sexual assault rates in Alaska con- the tenth anniversary of the Violence with Ambassador George McGovern stitute a serious public crisis and our Against Women Act, VAWA. NDVAM and the Executive Director of the State is dedicated to finding solutions began in 1987 as a way to draw atten- United Nations World Food Program, for this problem. In the spirit of that tion to the problem domestic violence. Jim Morris, to discuss international commitment, I helped organize a sum- Seventeen years later, domestic vio- hunger. We know it is possible to feed mit with the Department of Justice to lence is still a blight in our commu- the hungry and improve the lives of discuss the unique challenges that nities. As such, we must do what we millions of impoverished people around Alaska faces. The summit provided a can to combat domestic violence. A the globe. An additional $13 billion forum for law enforcement, nonprofit timely reauthorization of VAWA is a each year, for instance, could meet the organizations, governmental entities, critical step in this effort. most basic health and nutritional health personnel and advocates to Ratified in 1994 as title IV of the Vio- needs of the world’s poorest people. It come together to openly discuss the lent Crime Control and Law Enforce- is a modest amount compared to the multiple issues associated with this ment Act, VAWA established protocol 25,000 lives lost to hunger each day. crisis. The summit covered a wide and discretionary grant programs that Several years ago, Ambassador range of topics, including the role of are managed by the Department of Jus- McGovern and the former Senator Bob responders to domestic violence, the tice, and the Department of Health and Dole called for an international school best practices to implement in commu- Human Services. As indicated by Con- feeding program. They recognized that nities and the identification of training gressional Research Service reports, we can fight hunger among children in needs. grants administered by DOJ aid law en- the world’s poorest countries while The summit gave different entities forcement, establish and operate train- also sending them to school. This idea, the opportunity to convene, collabo- ing programs for victim advocates and which became the McGovern-Dole rate, and openly discuss solutions that counselors, and train probation and pa- International Food for Education Pro- will help us prevent domestic violence role officers who work with released gram, is one of the single best policy and sexual assault. The summit was a sex offenders. Grants provided by the ideas I have ever heard. We know that solid first step in an ongoing effort in HHS fund shelters for battered women, poor children and families often do not our State. rape prevention programs, and commu- have enough food to eat. We also know There are no simple solutions to the nity programs on domestic violence. that poor children are less likely to go problem of domestic violence, but we Grants also provide funding for efforts to school. But, by providing food as an do know that education and programs to reduce sexual abuse of runaway and incentive to attend school, we are able that take a proactive approach can homeless street youth. to provide fuel for the bodies and minds help turn the tide on this issue. This VAWA also finances and annually of these children. year I secured several earmarks in the publishes a series of reports on the I am pleased that the Senate Appro- CJS appropriations bill in response to methods of assessing and preventing priations Committee accepted my re- the domestic violence problem that gender-related crimes. The findings of quest to increase funding for the Alaska is facing. Funds will be pro- these studies are used to develop exist- McGovern-Dole program to $100 million vided to the State of Alaska for a sex- ing programs and create new ones in in the fiscal year 2005 Agriculture Ap- ual assault/domestic violence prosecu- areas that require more attention. As a propriations bill. It is a simple step to- tion unit. Funds will also be available result, VAWA’s efforts have initiated ward ending an epidemic that leaves for a new domestic violence prevention critical changes in Federal laws re- children with bloated stomachs, emaci- project to allow for a comprehensive garding interstate stalking, intrastate ated faces, and underdeveloped minds— evaluation and assessment of domestic domestic abuse, the rules of evidence an image that I will never forget after violence cases. Money was also at- concerning the use of a victim’s past seeing the devastation first hand in tained to offer services to victims sexual behavior, and HIV testing in some of these developing nations. whose lives have been impacted by vio- rape cases. As we celebrate World Food Day and lent crime. Additionally, VAWA instituted a the progress of the Food and Agri- Addressing the public crisis posed by pilot program for safe custody ex- culture Organization and other groups domestic violence and sexual assault is change for families of domestic vio- on the front lines in the battle against a two-front effort. On one front, we are lence, as well as a domestic violence hunger, let us remember the substan- working to meet the immediate needs task force. These initiatives greatly tial work that remains. I hope this day of the victims of these crimes, ensuring enhance the enforcement of protective will spur us on to achieve the vision of they have the resources they need to orders across state lines. Without a time when abundant food is available recover. On the other, we are working VAWA’s assistance, battered women to every human being. I look forward on the long term goals of raising who relocate to other states would be to working with other members of the awareness and educating the public. extremely vulnerable, as would these Senate Hunger Caucus toward that Domestic Violence Awareness Month is States’ resources. goal. a vital part of that effort. Despite the enormous strides the f In many cases, victims of domestic VAWA has made for victims of domes- violence wrongly believe they are re- tic violence, sexual assault, and stalk- DOMESTIC VIOLENCE AWARENESS sponsible for what has happened to ing, Native American women still expe- MONTH them. We must work to alter the social rience the highest rate of violence of Ms. MURKOWSKI. Mr. President, Oc- stigma associated with being a victim any group in the United States. This is tober is Domestic Violence Awareness of domestic violence. That stigma be- of particular concern to the Lakota, Month and as an Alaskan, I welcome longs to those who commit crimes, not Nakota, and Dakota tribes located in this opportunity to discuss a problem their victims. By taking care of vic- my home State of South Dakota. A De- my State has been combating for dec- tims, prosecuting offenders, and edu- partment of Justice report titled, ades. cating the public about this issue, I be- ‘‘American Indians and Crime,’’ found In 2002, more women per capita were lieve we can begin to end a serious that Native American women suffer killed by men they knew in Alaska problem that has plagued our commu- from violent crime at a rate three and than in any other State. During the nities and our citizens for far too long. a half times greater than the national last 5 years, over 18,000 domestic vio- Many of my colleagues have pledged average. Researchers also estimate lence charges have been filed in Alas- their support in this effort, and I look that this number is actually much

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10822 CONGRESSIONAL RECORD — SENATE October 8, 2004 higher, as according to the Department COMMITTEE ON RULES AND ADMINISTRA- 9. Senators from California will be of Justice, over 70 percent of sexual as- TION, UNITED STATES SENATE assigned the two largest suites in the saults are never reported. Many Native REGULATIONS ON SENATORIAL SUITE Hart Building as they become avail- American women remain silent due to SELECTION able. The choice between the two suites cultural barriers, a high level of mis- Adopted by the Committee on Rules is to be made by the California Sen- trust for white dominated agencies, and Administration, September 20, ators. These offices will then be perma- and a history of inactivity by state and 1988, Amended June 17, 1992, Amend- nently removed from the pool of avail- tribal agencies to prosecute crimes ed October 7, 2004 able suites for assignment. committed against Native Americans. 10. Every effort will be made to expe- The following policy will be in effect Furthermore, it is important to ad- dite moves, including the employment dress the fact that police and courts for suite selection by Senators following the general elections in Novem- of temporary staff. However, the recon- tend to ignore cases of violence involv- figuration of partitions, furniture, tele- ing Native American women, due to al- ber: 1. As in the past, seniority will deter- phones, and computer terminals re- leged confusion between Federal and quires seven to ten days. It is also de- tribal jurisdictions. Cases involving a mine the order of selection of suites. 2. Suite selection will begin promptly sirable to repaint while the suite is va- non-Native American perpetrator and a after the election. cant. Native American victim fall under Fed- 3. The only opportunity for suite se- 11. Each Senator (returning and eral jurisdiction. Tribes do not have lection by each Senator will occur newly-elected) will be informed of this criminal jurisdiction over nontribal when he or she is contacted by the policy immediately after the general members even for crimes committed Rules Committee. election in November. against Native women on the reserva- 4. Selection will consist of only those tion, and regrettably, States are not ef- suites available at the time of contact f fective enough in enforcing tribal pro- by the Rules Committee. tection orders. Fortunately, VAWA 5. Senators shall inform the Rules provides victims with access to critical Committee of the decision on suite se- INTELLECTUAL PROPERTY resources by establishing key grant lection within 8 business hours (9 a.m.– PROTECTION programs that improve the criminal 6 p.m. Monday through Friday) after Mr. LEAHY. Mr. President, back in and civil justice systems’ response to contact by the Rules Committee. Fail- June the Senate took a strong step to victims, as mentioned above. However, ure to respond within 8 business hours support intellectual property on the even with the best efforts of will be deemed a decision not to move, Internet by updating the Government’s antiviolence advocates, law enforce- unless an extension beyond the 8 busi- most important tool in the fight ment officials and judicial personnel ness hours is approved by the Chair- against piracy: its enforcement author- have yet to reach everyone in need of man of the Rules Committee. ity. Unfortunately, the Bush adminis- assistance. Despite the successes of 6. Senators shall submit an approved tration, which likes to talk a good VAWA, Native American women are office layout to the Office of the Archi- game, is apparently not interested in still at greater risk of becoming vic- tect of the Capitol within one week having the tools it needs to do the job. tims of violence, and the jurisdictional after a suite is assigned. (This action is This administration has done nothing, issues they face only further com- critical because reconfiguration of par- as far as I know, to help enact impor- plicate the problem. titions, telephones, and computer ter- tant intellectual property legislation. On the tenth anniversary of the minals are dependent upon the office As a consequence, congressional Re- VAWA, I call on my colleagues to con- layout.) publicans are holding up and resisting tinue supporting this important piece 7. Senators shall be expected to begin important legislation. of legislation. Its contributions to soci- moving into the newly-assigned suite The Protecting Intellectual Rights ety, while unfinished, are essential to not later than two days after notifica- Against Theft and Expropriation Act, combating abuse against women. tion that the suite is ready for occu- S. 2237, allows United States Attor- f pancy. 8. In considering whether to move, neys’ Offices to bring a civil action NOTICE OF CHANGE IN REGULA- Senators should take into consider- against a large-scale copyright in- TIONS REGARDING SENATORIAL ation the following requirements: fringer. For some unimaginable reason, SUITE SELECTION a. Modular furniture will not be the Justice Department, which cannot Mr. LOTT. Mr. President, I rise to moved. If a Senator with an office con- issue enough press releases about its announce that in accordance with Title taining modular furniture selects a newly-minted Intellectual Property V of the Rules of Procedure of the Sen- suite without modular furniture, tradi- Task Force, has taken no interest in or ate Committee on Rules and Adminis- tional furniture will be assigned. In action on this legislation. Apparently, tration, the committee has updated the cases where modular furniture is in the Ashcroft Justice Department re- senate regulations on senatorial suite place, changes in suite configurations jects having the law enforcement au- selection effective October 7, 2004. should be kept to a minimum. thority to stop large-scale infringers Based on the committee’s review of b. A Senator’s computer equipment and protect America’s intellectual the 1992 regulations which allow mem- will move to the new suite. The central property from piracy. A Justice De- bers up to 24 hours to select a Senato- processing unit will be initially in- partment that has reinterpreted trea- rial office suite, the Committee on stalled in the location where the pre- ties and contorted the law to claim Rules and Administration has con- vious occupant’s CPU was located. vast and unfettered authorities for this cluded that its regulations should be c. If a Senator from a ‘‘large’’ state executive has little interest in assem- updated to facilitate the speedy and elects to move, the extra space due bling legislatively enacted tools for smooth transition of assigning Senato- that state may not be contiguous. copyright protection and to stop pi- rial office space. This update includes Committees will not be forced to relo- racy. changing the allowable time for suite cate in order to provide contiguous For a number of reasons having to do selection from 24 hours to eight hours. space. The Rules Committee will seek with law enforcement priorities, re- The Committee on Rules and Adminis- to locate the extra space in a contig- sources and other considerations, pros- tration has also streamlined the proc- uous area, but it may not be possible ecutors rarely decide to bring criminal ess for the submission of office layout with most suite choices. It should also charges even against flagrant infring- plans to the Architect of the Capitol. be understood that the Rules Com- ers. I have encouraged the Department The timeframe for submitting such mittee will not know where the extra to be more aggressive both internation- layouts to the Architect of the Capitol space due a ‘‘large’’ state will be lo- ally and here at home and have praised has been amended from two weeks to cated until after all 100 Senators have them when they have acted against in- one week. selected a suite. Then and only then fringers. I have worked hard to provide The amended regulations, as adopted will it be possible for the extra space to additional resources to our inter- appear below: be assigned. national efforts.

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2004 CONGRESSIONAL RECORD — SENATE S10823 The PIRATE Act is another impor- NOMINATION OF DR. FRANCIS JO- that termination date. If we are in ses- tant effort in this fight. It provides al- SEPH HARVEY TO BE SEC- sion for a small portion of that time, it ternative civil enforcement, authority. RETARY OF THE ARMY will most likely be during a lame duck When a U.S. Attorney’s Office sees a Mr. SPECTER. Mr. President, I have session of Congress after the November need for enforcement, but determines sought recognition to recommend that elections. There will be very little time that a criminal case is not justified, Francis Joseph Harvey, of California, to enact this satellite bill with the the PIRATE Act would afford the Gov- confirmed to be Secretary of the Army. huge press of business yet to be com- ernment a civil law route and civil law I met with Secretary Harvey on Octo- pleted. Many Midwestern and Rocky Moun- remedies. There are times when civil ber 5, 2004 in my office. I found Sec- tain states have vast areas where sat- retary Harvey to be not only very well proceedings and remedies are more ap- ellite dish owners receive network sta- qualified, but also to have a great deal propriate. Until we enact the PIRATE tions, such as ABC, NBC, CBS or Fox, of enthusiasm for the task ahead. I was Act, they are unavailable. Presently, from out-of-state stations because sig- particularly impressed with Secretary very few criminal cases are brought nals from their local stations are Harvey’s background. He was born and and no civil cases can be brought by blocked by mountains or diminished by educated in Pennsylvania. His mother the Government for these violations of distance from TV broadcast towers. still resides in Latrobe, PA. Federal law. When you consider that Thousands of these families do not Mr. Harvey is currently serving as the copyright industry employs over 11 have any other way to receive tele- Assistant Secretary of Defense for Net- million people in the United States, vision signals except by satellite. They works and Information Integration. hamstringing the Federal Government do not have access to TV stations over- Prior to his nomination by the Army, by limiting it to criminal enforcement the-air because mountain terrain he served as vice chairman of Duratek, is unthinkable. blocks those signals, and distance from Inc. in Columbia, MD, and has served the broadcast towers weakens the sig- The Justice Department has appro- as the chief operating officer of the In- nals. Many residents in those states do priately refocused many resources of dustries and Technology Group for not have access to cable TV service be- the FBI and the Criminal Division on Westinghouse Electric Corporation cause of the rough terrain or the low preventing and investigating terrorism where he earlier served as president of population density which makes it eco- cases, leaving even fewer resources for the Electronic Systems Group and as nomically difficult for cable companies protecting the intellectual property president of the Government and Envi- to invest in the needed cables. Without that is such a critical economic engine ronmental Service Company. Dr. Har- access to network stations via satellite in this country. The PIRATE Act will vey earned his bachelor’s degree from because the satellite legislation did not the University of Notre Dam and his enable other resources, outside the pass, and because they do not receive Ph.D. from the University of Pennsyl- Criminal Division of the Justice De- service over-the-air, or via cable, thou- vania. partment and U.S. Attorney’s Offices, sands of families in those areas will Pennsylvania has a rich Army tradi- to help protect intellectual property. lose national network service. This bill removes legal obstacles to the tion. Pennsylavnia is home to several Since information about subscribers Justice Department’s effective use of bases, and the Army War College and is proprietary it is difficult for me to the resources it has at its disposal to Military History Institute at Carlisle tell you exactly how many families fight piracy. The Attorney General Barracks. will be affected by this, but I assure should be fighting for this initiative. If confirmed, Secretary Harvey will you it is not a small number. Unfortunately, the Bush administra- no doubt apply his expertise, energy, The Hatch-Leahy Satellite Home tion and its Attorney General are miss- and enthusiasm to serve the soldiers of Viewer Extension Act of 2004 was ap- ing in action. the United States Army and our coun- proved by the Senate Judiciary Com- try with distinction. The logic of the PIRATE Act and the mittee in June. All the Members of the reasoned approach it takes to Govern- f Judiciary Committee supported that bill. Similar legislation in the other ment enforcement of intellectual prop- SATELLITE HOME VIEWER ACT erty rights is compelling. Consider that body entitled the Satellite Home View- during this divisive session of Congress Mr. LEAHY. Mr. President, I am very er Extension and Reauthorization Act upset that the Congress has been un- in which partisanship was pervasive, of 2004, if enacted, would also be a boon able to pass legislation to prevent the the Senate Judiciary Committee and to public television, the satellite indus- termination of satellite television serv- the Senate passed the PIRATE Act try, the movie, music and television in- ice to hundreds of thousands house- dustries, and to satellite dish owners without a single dissenting voice. holds in the United States. In Sep- throughout America. Unfortunately, I urge the Bush administration to get tember, I raised these concerns on the the time is rapidly approaching when it with the program. If you want to talk Senate floor in the hope of preventing will be too late to act. the talk and pretend to support the these potential terminations of sat- I am especially pleased that both the protection of intellectual property ellite service. The Senate Judiciary Senate and the House, H.R. 4518, bills rights, then walk the walk and work to Committee got its job done in June. We contain a provision which I worked on clear the Republican opposition so that reported out a great satellite television with my colleagues from New Hamp- Congress can enact the PIRATE Act. bill which would have expanded view- shire, Senator SUNUNU and Senator Then use that authority as appropriate ing options for satellite dish owners. GREGG. We, along with Senator JEF- to help end the theft of intellectual The other body has also developed a FORDS, introduced legislation to ensure property that is an enormous drag on very good satellite bill which I shall that satellite dish owners in every our economy and so unfair to the art- discuss in a moment. county in each of our States would be ists who created the works by which However, history may repeat itself able to receive signals, via satellite, others illegally profit. because Congress has not completed ac- from our respective in-State television tion on this legislation. I explained my stations. While our two States rep- The Ashcroft Justice Department concerns on the Senate floor when I re- resent a small television market as issued a veto threat to the SAFE Act minded everyone that in ‘‘1998 and 1999 compared to some of the major popu- before a single hearing and before any over 2 million families were faced with lation centers, this provision is none- markup of that legislative proposal. the prospect of losing the ability to re- theless very important to residents in The PIRATE Act has passed the Senate ceive one or more of their satellite six of our collective counties two in and we still await the first word from televisions network stations.’’ Vermont and four counties in New the Justice Department providing its These terminations of satellite serv- Hampshire. The Senate bill, S. 2013, as views on this legislation. The lack of ice will begin just after midnight on reported in June by the Judiciary Com- support for enactment of civil enforce- December 31, 2004. The problem is that mittee also contains this provision, ment tools by the Department of Jus- the Congress will be out of session dur- which was just included in H.R. 4518, tice is most revealing. ing most of the time between now and the House bill.

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10824 CONGRESSIONAL RECORD — SENATE October 8, 2004 In Vermont this will mean if one of able to watch their local stations in- the importance of energy savings per- these bills passes—that satellite dish stead of getting signals from distant formance contracts. Energy Savings owners in Bennington and Windham stations. Such a service allows tele- Performance Contracts allow Federal Counties will be able to receive all vision watchers to be more easily con- agencies to enter into unique contracts Vermont network stations in addition nected to their communities as well as through which private companies pro- to the out-of-State network stations providing access to necessary emer- vide energy-efficiency improvements in they now receive. gency signals, news and broadcasts. Federal buildings. What makes these The Senate bill was introduced on Mr. President, I hope we are able to contracts unique is that the private January 21, 2004, by Chairman HATCH work together to finish this important companies are reimbursed for these im- and was cosponsored by myself and satellite television bill in the few re- provements only through the resulting Senators DEWINE and KOHL. When the maining days of this Congress. stream of savings on that Federal bill was reported out of committee on f agency’s energy bill. Simply put, if June 17, 2004, I noted that the bill does there are no savings, then there are no far more than just protect satellite AUTHORIZATION FOR LIHEAP payments. The Federal Government dish owners from losing signals. I Mr. FEINGOLD. Mr. President, as the owns the energy efficiency improve- pointed out that the new satellite bill Nation faces crude oil prices of over $53 ments, but pays for these improve- ‘‘protects subscribers in every state, per barrel, the Federal Government ments through actual energy savings expands viewing choices for most dish must commit to helping families fight achieved. The Government retains the owners, promotes access to local pro- high home heating oil costs. This week, monetary value equivalent of any sav- gramming, and increases direct, head- the Milwaukee Journal Sentinel pro- ings that exceed the payments to the to-head, competition between cable jected that home heating oil costs will private company during the duration of and satellite providers.’’ increase by 18 percent this winter. De- the contract and then retains all en- I continued by saying that, ‘‘easily, spite the higher energy costs con- ergy savings once the contract is com- this bill will benefit 21 million satellite sumers will face this winter, States are plete. Importantly, the Federal agency television dish owners throughout the reducing benefit levels in order to try pays no upfront capital costs for the Nation, and I am happy to note that to serve an increased number of house- upgrade. over 85,000 of those subscribers are in holds. Congress must act now to help The authority to enter into these Vermont.’’ low-income families and the elderly contracts expired last year. To ensure The Senate Judiciary Committee-repay for high home heating costs. continuation of the program, several of ported bill, and the recently passed bill To combat these high prices, I urge us in the Senate worked to include re- H.R. 4518, go far beyond protecting my colleagues to support a bill intro- newal authority in the comprehensive what current subscribers receive. As I duced today by the Senator from energy bill. Unfortunately, that exten- mentioned in a September statement Vermont, Mr. JEFFORDS, to extend and sion authority was removed from the on the Senate floor, the bills allow ad- increase the authorization of the Low modified version of the energy legisla- ditional programming via satellite Income Home Energy Assistance Pro- tion introduced by the majority leader. through adoption of the so-call ‘‘sig- gram, LIHEAP. LIHEAP provides a One of the main reasons for this dele- nificantly viewed’’ test now used for vital safety net for our Nation’s low-in- tion was because the CBO has assigned cable, but not satellite subscribers. come households, who spend approxi- a significant revenue impact to con- That test means that, in general, if a mately 17 percent of their annual in- tinuation of the program. This scoring person in a cable service area that his- come on residential energy costs. Last occurred even though the private sec- torically received over-the-air TV re- winter, my home State of Wisconsin re- tor energy efficiency providers are re- ception from ‘‘nearby’’ stations outside ceived more than $40 million in Low In- quired by law to guarantee the energy that area, those cable operators could come Energy Assistance and the pro- savings and thus provide no net cost to offer those station signals in that per- gram served over 112,656 Wisconsin the Treasury. Let me say this again, son’s cable service area. In other households. I strongly support extend- unless there are savings, the Govern- words, if you were in an area in which ing the LIHEAP program and efforts to ment owes nothing. CBO’s interpreta- most families in the past had received increase the authorization to $3.4 bil- tion of how to score these contracts TV signals using a regular rooftop an- lion each year to ensure that low-in- may be in line with the literal meaning tenna, then you could be offered that come families and the elderly have this of the Budget Act, but it certainly is same signal TV via cable. By having crucial support to heat their homes. I not in line with the spirit of the act. similar rules, satellite carriers will be urge my colleagues to support and pass By allowing these private sector com- able to directly compete with cable this important legislation as soon as panies to work with the Federal Gov- providers who already operate under possible. ernment on installing energy efficiency the significantly viewed test. This f measures, an enormous service is being gives home dish owners more choices of provided. We are saving energy; the SUPPORT OF ENERGY SAVINGS programming. Government is not required to pay up In the past, Congress got the job PERFORMANCE CONTRACTS front costs; and at the end of the day, done. Congress worked together in 1998 Mr. DORGAN. Mr. President, I rise to the Government and the American tax- and 1999 when we developed a major thank members of the Defense Author- payer gets the benefit of lower energy satellite law that transformed the in- ization Committee for addressing the bills. dustry by allowing local television sta- Energy Savings Performance Contract, With passage of this short-term ex- tions to be carried by satellite and ESPC, program. Not only did the con- tension, the Senate must now turn its beamed back down to the local commu- ference adopt the Senate position on attention to passing a permanent ex- nities served by those stations. This the importance of this program, they tension. The start-stop program we marked the first time that thousands went a step further and extended the have now is not conducive to getting of TV owners were able to get the full program through 2006. Getting this re- these efficiency measures installed. complement of local network stations. authorization has been a long process During debate on the fiscal year 2005 In 1997 we found a way to avoid cutoffs and unfortunately one that will need to budget resolution over 40 companies of satellite TV service to millions of be revisited during the next Congress. and associations signed a letter in sup- homes and to protect the local affiliate We could have avoided this situation port of the ESPC program. The signa- broadcast system. The following year by simply providing a permanent au- tures ranged from USPIRG to the we forged an alliance behind a strong thorization for the program, but since Chamber of Commerce. There are not satellite bill to permit local stations to we didn’t, I believe we should focus on many instances when you have those be offered by satellite, thus increasing this issue at the beginning of the next two associations agreeing on a meas- competition between cable and sat- Congress instead of waiting until the ure, so I believe the benefits of the pro- ellite providers. contracting authority runs out in 2006. gram speak for itself. Because of those efforts, in Vermont I want to take a moment of the Sen- In closing, I want to again thank and most other States, dish owners are ate’s time to explain to my colleagues members of the conference committee

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2004 CONGRESSIONAL RECORD — SENATE S10825 for their work and support for this pro- there’ll be a lot of violence between And the President acts as if every- gram. now and then.’’ Senator Hagel said thing is on track for Iraqi elections in f ‘‘The fact is, we’re in trouble. We’re in January even as the insurgency grows deep trouble in Iraq.’’ And, according steadily worse and Secretary Rumsfeld COLONEL ROBERT MORGAN to a recent article in the Washington is talking about holding elections in Mrs. DOLE. Mr. President, I would Post, a lengthening list of career mili- only parts of the country. like to reflect for a moment and ex- tary, intelligence and State Depart- Despite being consistently wrong, the plain why we should take a moment to ment officials believe that Iraq is a President’s strategy stays the same— honor Colonel Robert Morgan, a man of mess and things are getting even put the best face on it, insist that ev- distinguished valor. Not only was he worse, raising the specter of civil war. erything is going according to plan part of our Greatest Generation, he was Faced with mounting evidence that even though there is no plan, and at- a true hero, aptly defined as one who things are going from bad to worse in tack the patriotism of anyone who inspires through manners and actions, Iraq, what does the President do? dares to question or to criticize. who leads through personal example First, he attacks the messenger of They have tried to keep the media and accomplishments requiring brav- the bad news by calling the National from publishing photographs of the ery, skill, and determination. As com- Intelligence Estimate ‘‘just guessing.’’ planeloads of flag-draped coffins of mander of the famed Memphis Belle Next, he ignores the problem by repeat- Americans who have died in Iraq. during World War II, and at a time ing the same old platitudes and wildly- They rarely even mention the casual- when German anti-aircraft fire brought optimistic rhetoric. Then he and his ties—American or Iraqi—since that, of down 8 in 10 bombers, Colonel Morgan political allies accuse those who dare course, would mean having to acknowl- repeatedly risked everything for his to disagree of giving aid and comfort to edge the terrible price that is being country. In this extremely dangerous the terrorists. When all else fails, the paid day after day. environment he piloted the first heavy President engages in a time-honored They treated the Abu Ghraib prison bomber to complete 25 combat mis- tradition here in Washington: He scandal as an aberration—the work of a sions in the European Theater, an un- changes the subject and deflects atten- few rogue recruits. precedented achievement and the tion. They have done their best to hide the magic number to be sent home. Colonel This President and Vice-President policies to subvert the law that were Morgan’s exceptional courage did not are masters at changing the subject. approved at the highest levels of gov- end in the European Theater. He con- They have attacked John Kerry’s dis- ernment, and the fact that Abu Ghraib tinued his valiant service to his coun- tinguished military record, even was only one of several locations where try in the Pacific Theater and again though neither of them saw combat foreign prisoners were humiliated, tor- made history when his B–29 named and many others in the administration tured, denied the most basic human ‘‘Dauntless Dotty’’ was chosen to lead used family connections or deferments rights, and even murdered. the first B–29 raid on Tokyo. A native to avoid military service altogether. In They shut down distribution of a key of Asheville, North Carolina, Colonel fact, when asked about serving in Viet- security report, issued daily by a U.S. Morgan represented the American Spir- nam Vice President CHENEY said that contractor—which U.S. personnel in it—courage in the face of seemingly in- he ‘‘had other priorities in the military Iraq have relied on for their own safe- surmountable odds. service.’’ ty—because the news of escalating vio- Imagine what the President’s cam- lence in these reports did not square f paign would be saying if JOHN KERRY with the spin being put out by the Pen- BUSH IRAQ POLICY had said that. Why do the President and Vice-Presi- tagon and the White House. Mr. LEAHY. Mr. President, I have Just as the President ignored those dent constantly change the subject seen the television reports and the when asked to explain why things are who predicted the widening anti-Amer- newspaper articles, and I have spoken going so badly in Iraq? The answer is ican insurgency, he has sugar-coated with people who recently returned simple. They have been consistently the rebuilding of Iraq. from Iraq. I have seen the escalating wrong about Iraq, and the results speak A year ago, he asked the Congress to violence and the chaos that has en- for themselves. appropriate $19 billion immediately, in gulfed parts of that country. The President was wrong about weap- fact so immediately that he resisted And like all Americans I have ons of mass destruction, which cut every amendment designed to ensure watched the death toll of our young short the U.N. weapons inspections and the aid dollars would be well spent. men and women in uniform pass 1000. It got us into Iraq in the first place. The The President opposed my amend- is now more than 1050, with many thou- Duelfer report found that Iraq got rid ment to put Secretary Powell in charge sands more who have been grievously of its weapons of mass destruction of the reconstruction in Iraq, causing wounded. more than a decade ago, that Saddam the Department of Defense to run the Yet to hear the President and Vice Hussein did not have the means to de- biggest nation-building venture since President talk, one would think that velop a nuclear weapon, and that the the Marshall Plan. And they bungled it everything is going well. The President U.N. inspections were working. Yet the miserably. uses words like ‘‘freedom is winning’’ White House insists that this dev- The President opposed an amend- and ‘‘we’re making steady progress.’’ astating report by its own export some- ment that would have at least required There is no question that all of us how supports the President’s decision that the aid be paid for out of the here wish that were true, but unfortu- to go to war. President’s tax cuts for the wealthiest nately the rosy picture that the Presi- The Vice President was wrong about Americans—not left for our children dent paints on the campaign trail is our being greeted as liberators. Think and grandchildren. misleading and wildly off base. about that statement, and compare it The President opposed an amend- Even worse, the President’s state- to the daily—actually, hourly—attacks ment that would have created tough ments are contradicted by knowledge- against our troops in Iraq today. criminal penalties for war profiteering able officials in his Administration, by The President was wrong about ‘‘mis- in Iraq. leading Republicans in the Senate, and sion accomplished.’’ More than 900 The President refused to consider by a growing number of national secu- Americans have died since that famous any alternative approaches. His atti- rity experts within his own administra- photo op on the aircraft carrier. tude was ‘‘my way or the highway.’’ tion. The President was not only wrong, And look at what a mess it has gotten Here are a few examples: Secretary of but it is hard to imagine what he was us into. It has been nearly a year since State Powell said that the situation in thinking, when he told the insurgents the Iraq supplemental was signed into Iraq is ‘‘getting worse.’’ General in Iraq to ‘‘bring it on.’’ law, and only $1 billion of the $19 bil- Abizaid, the top U.S. military com- The President was wrong about Iraqi lion has been spent. mander in Iraq, said ‘‘[w]e’re going to oil revenues paying for the reconstruc- Of those funds, it is estimated that have to fight our way all the way tion. It is American taxpayers who are only 27 cents of every dollar has gone through elections,’’ he said, ‘‘and paying most of the costs. to benefit the Iraqi people. The rest has

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10826 CONGRESSIONAL RECORD — SENATE October 8, 2004 ended up in the pockets of high-priced The American people deserve better. airplances that can no longer justify contractors and consultants, and to They deserve competence and they de- these subsidies, and the obvious dam- pay for insurance and security and serve honesty. They deserve leaders age to Boeing must be addressed and other overhead costs. who know the difference between a po- resolved. There are serious consequences re- litical decision, and the right decision. f sulting from this administration’s han- f PRIVACY AND CIVIL LIBERTIES dling of the chaos in Iraq. One, which AEROSPACE MANUFACTURING OVERSIGHT BOARD all Senators are increasingly hearing about from our constituents, is the Mr. SMITH. Mr. President, I rise Mr. DURBIN. Mr. President, the 9/11 possibility of a return to the draft. If today to speak about a troubling dis- Commission recognized that one of the Iraq continues on its downward spiral, pute between two great partners in biggest challenges we face in fighting there is growing concern that it may trade. Boeing Commercial Airplances, the war on terrorism is protecting civil be necessary at some point to reinstate a pioneer and mainstay in American liberties. The Commission said, ‘‘While military conscription. I oppose return- aerospace manufacturing since 1917, is protecting our homeland, Americans ing to a military draft, I do not believe being injured by subsidies that Euro- should be mindful of threats to vital it is necessary, and I believe it would pean governments are providing to its personal and civil liberties. This bal- lessen our military effectiveness. main competitor, Airbus. ancing is no easy task, but we must Yet the President needs to acknowl- More than 30 years ago, Airbus was constantly strive to keep it right.’’ edge to the American people that our created by the governments of Ger- To help keep this balance right, the entire military forces, including the many, France, the United Kingdom, Commission wisely recommended the active Army, the Reserves, and the Na- and Spain with the goal of building a creation of a board to ensure that the tional Guard, are stretched very thin competitive airplane manufacturer for Government does not violate privacy right now because of the choices the the European Continent. To help en- or civil liberties. Following this rec- President has made. The military is courage growth by their new company, ommendation, the National Intel- these governments began giving Airbus finding it difficult to get new recruits ligence Reform Act of 2004 establishes large amounts of money with very lib- and has resorted to a backdoor draft, the Privacy and Civil Liberties Over- eral terms. These subsidies included in- sight Board. I want to commend Sen- forcing personnel to remain in the frastructure loans, loss coverage, debt ator COLLINS and Senator LIEBERMAN service through so-called stop-loss or- forgiveness, money for research and de- for recognizing the importance of this ders. velopment, equity infusion, and launch The Pentagon at some point might issue. aid. The 9/11 Commission has endorsed decide that the only way to find new These subsidies have allowed Airbus the Collins-Lieberman Board. Commis- recruits—unless we pursue more sen- to develop and market a full range of sioners Slade Gorton and Richard Ben- sible policies—would be through a aircraft without incurring full com- Veniste told the House Government draft. I sincerely hope not. This is only mercial risk. The launch aid assistance Reform Committee: ‘‘A Board of the one of the many examples of the life- alone, which is essentially no-fault bor- kind we recommend can be found in the and-death choices that the Nation rowing, has amounted to over $15 bil- Collins-Lieberman bill in the Senate.’’ faces in prudently allocating our re- lion and allowed Airbus to undercut Some have claimed that establishing sources to combat terrorism. the marketplace with lower prices. In this board will tilt the balance between A lot has been said about President fact, if Airbus had borrowed this security and liberty too far in favor of Bush’s consistency. His campaign ad- money at standard commercial rates, liberty. I disagree. As the 9/11 Commis- vertisements boast that he is a strong it is estimated that they would have to sion said, ‘‘The choice between security leader because he ‘says what he means incur an additional $35 billion on their and liberty is a false choice.’’ We can and he does what he says.’ books today. be both safe and free. What good is consistency when it While subsidies of this sort might be Throughout American history, in means sending 140,000 Americans into a acceptable for a company in its in- times of war, we have sacrificed liberty guerrilla war in a foreign land fueled fancy, Airbus has long since grown into in the name of security. Now, we are by religious and ethnic hatred, without a robust and mature competitor. Air- being tested again. The creation of the justification? bus today competes in every single air- Privacy and Civil Liberties Oversight What good is consistency when it plane market over 100 seats and is now Board sends a clear message: This time means spending upwards of $200 billion jointly owned by the European Aero- will be different. We will protect the on a policy that has not made us any nautic Defense and Space—EADS— lives of the American people, but we safer, and that has turned Iraq into a Company and BAE Systems, the will also protect their liberty. haven for terrorists eager to kill Amer- world’s second- and fourth-largest The board created by the Collins-Lie- icans who they see as foreign invaders aerospace companies respectively. berman resolution is a vast improve- out to destroy Islam itself? Combined, these two defense compa- ment over the President’s Board on What good is consistency when it nies are actually larger than Boeing. In Safeguarding Americans’ Civil Lib- squanders the good will that we need to fact, last year, for the first time, Air- erties, which the President recently effectively fight terrorism, to build a bus surpassed Boeing in annual aircraft created by Executive order. real coalition so the United States is deliveries. Yet, they continue to re- The President’s board is chaired by not paying 90 percent of the cost and ceive large government subsidies. the Deputy Attorney General and its suffering 90 percent of the casualties? As much as these subsidies have members will all be high-ranking Gov- What good is consistency, when all it helped Airbus, they have harmed Boe- ernment officials, the vast majority of really amounts to is hollow rhetoric ing. Boeing’s global market share, them political appointees. that bears no relationship to the facts? based on deliveries, fell from nearly 67 This board will not be independent The President and Vice-President percent in 1999 to 48 percent in 2003. In because its members are precisely have been consistent alright—consist- the past 5 years, Boeing Commercial those officials who need independent ently wrong. There is no value in that. Airplanes has reduced employment civil liberties advice. This is like let- The President and Vice President from 115,880 to 54,880—that is 61,000 ting a baseball player call his own balls constantly assert that we need to ‘stay workers who have lost some of the and strikes. the course.’ My answer to that is that highest quality and highest paying I asked Commission Chair Tom Kean if you are captain of the ship and you manufacturing jobs in the Nation. The about this. He said that, in the Com- are heading for an iceberg, you change aerospace industry is one of the most mission’s view, the civil liberties board course. You want to get to the same competitive sectors of our economy, should have independent members from destination, but you do not want to and it is the single largest positive con- outside the Government who can pro- plow into the iceberg to get there. tributor to the U.S. manufacturing vide a ‘‘disinterested perspective.’’ It is this President’s rigid adherence trade balance. The Collins-Lieberman Board will to a misguided ideology that has got- The facts are simple. Airbus is a ma- provide that ‘‘disinterested perspec- ten us into deep, deep trouble in Iraq. ture company with a full family of tive.’’ The board will be appointed by

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2004 CONGRESSIONAL RECORD — SENATE S10827 the President from outside the Govern- Board members will be required to the National Breast and Cervical Can- ment and by the Senate. testify before Congress if called to do cer Early Detection Program The board will have the authority to so. This will prevent any administra- NBCCEDP, reached 1.9 million in 2003. obtain the information they need to de- tion from trying to shield the disclo- Under Dr. Marks’ guidance, the termine whether the Government is sure of information by claiming execu- NBCCEDP has helped uninsured and violating civil liberties. If someone tive privilege for the board. underinsured women gain access to outside the Government refuses to pro- The board will be required to file lifesaving screening and diagnostic vide this information, the board would semiannual unclassified reports with testing programs for the early detec- have the power to issue a subpoena to the appropriate Congressional commit- tion of breast and cervical cancer. To obtain it. tees. Therefore, Congress will be fully date, the program has: provided over This is common sense. An investiga- informed on the board’s important 4.6 million screening examinations; di- tive body must have the power to get work. agnosed 17,009 breast cancers; 61,474 the information it needs to conduct an In reviewing a government power, precancerous cervical lesions; and 1,157 investigation. the board will be required to consider cervical cancers. It is also common. Countless Federal whether the need for such power is bal- Expansion of the National Program commissions and boards have subpoena anced with the need to protect privacy of Cancer Registries (NPCR) to cover 96 authority. I will name just a few: The and civil liberties; whether there is percent of the Nation’s population. The National Labor Relations Board, the adequate supervision of the use by the cancer information gathered by the Equal Employment Opportunity Com- executive branch of the power to en- NPCR serve a key role in determining mission, the Federal Trade Commis- sure protection of privacy and civil lib- cancer patterns among various popu- sion, and the Federal Energy Regu- erties; and whether there are adequate lations; monitoring cancer trends over latory Commission. The Privacy and guidelines and oversight to properly time; guiding State planning and eval- Civil Liberties Oversight Board, which confine its use. uation of cancer control programs; as- has such an important role, should This standard of review will provide sisting States in setting priorities for have the same power that so many the board to follow guidelines rec- the allocation of resources; and, ad- other Government boards and commis- ommended by the 9/11 Commission as it vancing clinical, epidemiologic, and sions have. reviews government power. As the 9/11 The Privacy and Civil Liberties Over- health services research. The data Commission said, the board should ‘‘en- sight Board will be required to share gathered through the NPCR coupled sure that liberty concerns are appro- information about its work with the with information from the National priately considered,’’ and ‘‘the burden public. This is a good thing. There Cancer Institute and the North Amer- of proof for retaining a particular gov- should be transparency in Government. ican Association of Central Cancer ernmental power should be on the exec- The American people have a right to Registries was combined to produce of- utive.’’ know what their Government is doing. ficial Federal statistics on cancer inci- As Commissioners Gorton and Ben- These changes will make a strong dence in the report entitled, U.S. Can- Veniste told the House Government board even stronger. The Privacy and cer Statistics: 2000 Incidence. Reform Committee, ‘‘Such a Board Civil Liberties Oversight Board will en- Development and expansion of the should be transparent, making regular sure that, as we fight the war on ter- National Comprehensive Cancer Con- reports to Congress and the American rorism, we will respect the precious lib- trol Program to 61 programs in States, public.’’ erties that are the foundation of our territories and tribes. CDC support per- Of course, at the same time, we have society. mits the respective health agencies to to protect national security. This bill f establish broad-based Comprehensive Cancer Control, CCC, coalitions, assess does that. It requires that information COMMENDING DR. JIM MARKS will only be shared with the public, and the burden of cancer, determine prior- I quote, ‘‘in a manner consistent with Mr. BROWNBACK. Mr. President, I ities for cancer prevention and control, the protection of classified information would like to make a few remarks com- and develop and implement CCC plans. and applicable law.’’ mending Dr. Jim Marks, who will be Development of A National Action I want to thank Senator COLLINS and leaving the Department of Health and Plan or Cancer Survivorship: Advanc- Senator LIEBERMAN for working with Human Services in December. ing Public Health Strategies, 2003 in me on the structure of the Privacy and Dr. Marks has directed the National collaboration with the Lance Arm- Civil Liberties Oversight Board. I of- Center for Chronic Disease Prevention strong Foundation and national ex- fered several amendments to strength- and Health Promotion within the Cen- perts in cancer survivorship and public ters for Disease Control and Prevention en the Board. Senator COLLINS and health. The action plan charts a course since 1995. During Dr. Marks’ tenure, Senator LIEBERMAN accepted these for how the public health community amendments, and I thank them for the CDC has had a significant impact can more effectively and comprehen- that. on the lives of all Americans through sively address cancer survivorship and As a result of these amendments: the programs to prevent and promote can- focus on improving the quality of life chairman of the board and the board’s cer’s earliest detection. Under Dr. for survivors. executive director will now be full- Marks’ direction and with the support Dr. Marks’ leadership and direction time. It would very difficult for a part- of Congress, the Division of Cancer in CDC’s cancer control and prevention time Board to function effectively. Prevention and Control has grown from efforts helped Americans lead more Terms for board members will be approximately $123 million to over $313 productive and healthier lives. fixed at 6 years so the President will million. This growth has afforded CDC f not be able to fire board members who the ability to provide national leader- TAIWAN’S NATIONAL DAY provide advice the White House doesn’t ship in the cancer prevention and con- like. trol. Dr. Marks was instrumental in Mr. SMITH. Mr. President, I rise Board members will be required to leading efforts to partner with States, today to pay tribute to the President have expertise in civil liberties and pri- territories, tribal organizations as well and the people of Taiwan on the occa- vacy issues. as national, State and local partners to sion of Taiwan’s National Day on Octo- No more than three of the five board monitor cancer trends; conduct re- ber 10. members will be from the same polit- search and evaluate cancer prevention Despite the lack of formal diplomatic ical party, which will ensure the board and control activities; apply scientific relations between the United States is bipartisan and independent. advances and develop strong cancer and Taiwan over the last 25 years, the The board will be able to meet upon control programs; and to educate pub- relationship between the two countries the call the majority of the board and lic health professionals and the public has continued to flourish in terms of a majority of the board will constitute about cancer prevention and control. economics, politics, security, culture a quorum. This will protect the board Some specific accomplishments dur- and education, science and technology, from being dominated by a chair who is ing Dr. Marks’ tenure include: the and human rights. Most important, we too close to the President. total number of woman ever served by share with Taiwan the core values of

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As Secretary of State The Defense Secretary and the NID f Colin Powell stated, ‘‘Taiwan has be- will also be required to report to Con- CALIFORNIA DESERT PROTECTION come a resilient economy, a vibrant de- gress on any suspected violations of ACT mocracy and a generous contributor to the prohibition on torture or cruel, in- the international community.’’ I hope human or degrading treatment. Mrs. FEINSTEIN. Mr. President, ten that we will continue to help Taiwan Section 514 specifically provides that years ago this fall, President Bill Clin- proceed on the path toward further de- this information should be provided to ton signed the California Desert Pro- mocratization and peaceful relations Congress only in a manner and form tection Act into law, preserving 7.7 with its neighbors. that would protect national security. million acres of stunning landscape for The President of Taiwan, Chen Shui- Section 514 is very similar to an generations to come. bian, is a dedicated and strong leader amendment that I offered to this year’s With the passage of this legislation, for the people of Taiwan. In his May 20 Defense Authorization bill. My amend- the largest parks and wilderness bill to inaugural address to his people, he reit- ment, which was cosponsored by Sen- impact the lower 48 States was en- erated his commitment to maintaining ators MCCAIN, LEVIN, SPECTER, FEIN- acted, thereby establishing Joshua peace and stability in the Taiwan STEIN, LEAHY, and KENNEDY, was adopt- Tree National Park, Death Valley Na- Strait, which is vital to the political ed by the Senate by a unanimous voice tional Park and the Mojave National development and economic prosperity vote. Preserve. in the Asia-Pacific region as a whole. When I offered this amendment, it Protecting these beautiful lands In closing, I wish to congratulate was supported by a broad coalition of stands as one of my proudest legisla- President Chen, the Taiwan Ambas- organizations and individuals, includ- tive accomplishments to this day. sador, Dr. David Lee, and the people of ing human rights organizations like The California Desert is home to re- Taiwan on their National Day and wish Human Rights Watch, religious institu- markable archaeology, beauty and them every success in the years to tions like the Catholic Church and the wildlife—some of the last remaining di- come. Episcopal Church, and military offi- nosaur tracks, Native American f cers. petroglyphs, abundant spring Retired RADM John Hutson was the wildflowers, and threatened species in- DETENTION AND HUMANE TREAT- Judge Advocate General, the top law- cluding the bighorn sheep and the MENT OF CAPTURED TERROR- yer in the Navy. In a letter in support desert tortoise, an animal known to ISTS of the amendment, he wrote: live for as many as 100 years. Mr. DURBIN. Mr. President, I rise to It is absolutely necessary that the United And each of the parks created by the speak about, section 514 of the Na- States maintain the high ground in this area act has its own unique beauty. Joshua tional Intelligence Reform Act of 2004 and that Congress take a firm stand on the Tree, encompassing parts of both the which deals with the detention and hu- issue. . . . It is critical that we remain stead- Mojave Desert and the Colorado mane treatment of captured terrorists. fast in our absolute opposition to torture Desert, contains magnificent rock for- and [cruel, inhuman or degrading treat- Section 514 was added to the bill as a ment]. mations and forests which blanket the result of an amendment offered by Sen- high country throughout the park. The Former Republican Congressman ator MCCAIN and Senator LIEBERMAN. I abundant yellow creosote bushes of the Pete Peterson, who was a POW in Viet- commend them for their leadership on eastern side of the park are mirrored nam for 61⁄2 years, wrote in support of this issue, which is so important to our by the rugged Joshua Trees to the the amendment: country, and to our ability to fight an west. 1 effective war on terrorism. From my 6 ⁄2 years of captivity in Viet- The Death Valley landscape, marked nam, I know what life in a foreign prison is The 9/11 Commission correctly con- like. To a large degree, I credit the Geneva by a diverse range of salt playas, alpine cluded that the Iraqi prisoner abuse Conventions for my survival . . . This is one forests, and jagged rocks, is a land of scandal has negatively affected our reason the United States has led the world in extremes—one of the hottest, driest, ability to combat the terrorist threat. upholding treaties governing the status and and lowest places on Earth. At Dante’s The Commission wrote, ‘‘Allegations care of enemy prisoners: because these View, a visitor may look down into that the United States abused pris- standards also protect us . . . We need abso- Badwater, the lowest place in the west- oners in its custody make it harder to lute clarity that America will continue to ern hemisphere and, on a clear day, build the diplomatic, political, and set the gold standard in the treatment of look west to Mt. Whitney, the highest prisoners in wartime. military alliances the government will point in the lower 48 States. need [to fight the war on terrorism].’’ As we fight the war on terrorism, we Mojave National Preserve, with its As a result, the Commission rec- must adhere to the ideals that made granite, limestone, and metamorphic ommended, ‘‘The United States should our country great. Torture is incon- rocks, has a remarkable geological di- engage its friends to develop a common sistent with the principles of liberty versity, as well as the largest Joshua coalition approach toward the deten- and the rule of law that underpin our Tree forest in the world. Many of the tion and humane treatment of captured Constitution. preserve’s peaks are a vivid pink at the terrorists.’’ In order to develop a coali- Any erosion in these standards would top, the result of a volcanic explosion tion policy on the humane treatment endanger American servicemen and more than 18 million years ago in Ari- of captured terrorists, the U.S. govern- women who might be captured by our zona that sent deposits flying through ment must have its own policy that en- adversaries. It would also create anti- the air and flowing across the land to sures the humane treatment of cap- American sentiment at a time when we the Mojave Desert. tured terrorists. That is what section need the support and assistance of The California Desert Protection Act 514 would require. other countries in the war on ter- ensured that these lands would be pre- It will reaffirm a very important, rorism. served for years to come. In total, the long-standing position of our Nation: The U.S. Army fully recognizes these act raised the protection level for 9 that the United States will not engage practical downsides. The Army Field million acres of parks and wilderness. in torture or cruel, inhuman or degrad- Manual on Intelligence Interrogation Since 2000 the wilderness area has ing treatment. This is a standard that states: been expanded even further with the is embodied in the U.S. Constitution Revelation of use of torture by U.S. per- purchase of nearly 600,000 acres of land and in numerous international agree- sonnel will bring discredit upon the U.S. and primarily in and around the Mojave its armed forces while undermining domestic ments which the United States has and international support for the war effort. National Preserve. The transaction, ratified. It may also place U.S. and allied personnel in the largest conservation acquisition of Section 514 will require the Defense enemy hands at a greater risk of abuse by private lands in U.S. history, combined Secretary and the National Intel- their captors. Federal Land and Water Conservation

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2004 CONGRESSIONAL RECORD — SENATE S10829 Fund appropriations with funding from around the world. We have a responsi- U.S.-JAPAN RELATIONS the Wildlands Conservancy to buy dis- bility to preserve these places for the Mr. CRAIG. Mr. President, I rise counted land owned by the Catellus De- enjoyment of generations to come. today to discuss the contribution that velopment Corporation. Enacting the California Desert Pro- one of America’s closest and most im- This expansion protected 200,000 tection Act was an important step to- portant allies is making to our Na- acres of critical habitat for the endan- ward that end. Now, we must continue tion’s efforts to help the Iraqi people gered desert tortoise, 150,000 acres for to work to ensure that the parks we build a safe and stable democracy. bighorn sheep, the largest cactus gar- have already established, and those we In the very public discussions that dens in the world at Bigelow Cholla may yet protect, have the resources we hear every day about Iraq we often Gardens and rights-of-way for 165 trails they need. do not hear about the extraordinary ef- and access roads leading to 3.7 million forts of the United States’ closest secu- additional acres of land used for hunt- f rity ally in the Asia-Pacific Region. ing, hiking and camping. That ally is, of course, Japan. We are Visitors have taken advantage of RED RIBBON WEEK all aware of the limitations that Japan these abundant recreation and research has imposed on its own military since opportunities in the California Desert. Mr. GRASSLEY. Mr. President, I am pleased to join my colleague Senator World War II. What many of us are not Last year, 2.8 million people traveled aware of is the actions Japan has taken to Joshua Tree and Death Valley na- MURKOWSKI in sponsoring a resolution commemorating the annual ‘‘Red Rib- to work with the United States and tional parks and the Mojave National other nations to bring peace and sta- Preserve. In turn, these visitors pro- bon Week.’’ Celebrated October 23–31, Red Ribbon Week encourages individ- bility to Iraq. vided an economic boost of approxi- One document published by the Japa- uals, families, and communities to mately $100 million at nearby hotels, nese Embassy outlines the deployment take a stand against alcohol, tobacco, restaurants, and other local businesses. of Japanese Self-Defense Forces to pro- and illegal drug use. I hope the rest of Now, as we celebrate the 10-year an- vide humanitarian assistance in Iraq. the Senate will join in supporting this niversary of the California Desert Pro- Many Americans would be interested resolution and support this very impor- tection Act, the preservation of our na- to learn that there are about 1,000 Jap- tant campaign. tional park system has never been anese troops in Iraq, including almost The tradition of Red Ribbon Week more important. Population growth, 600 ground troops. In addition, Japan and wearing and displaying red ribbons especially in the western United has undertaken a very substantial hu- started back in 1985 following the as- States, is placing increased pressure on manitarian relief effort. Through the sassination of U.S. Drug Enforcement our public lands. That is why it was so end of September, Japan’s Air Self-De- Agency Special Agent Enrique critical that we acted 10 years ago and fense Force C–130 aircraft flew 66 mis- Camarena. In an effort to honor his why it is urgent that we continue to sions between Kuwait and Iraq and de- memory and unite in the battle against preserve our Nation’s natural treasures livered over 175 tons of relief supplies. today. illegal drugs, friends, neighbors and Mr. President, I ask unanimous con- Unfortunately, there is much evi- students from his home town began sent to print that paper and two oth- dence that our national parks are not wearing red ribbons. In 1988 the Na- ers—one on Japan’s very substantial fi- receiving the funding or attention they tional Family Partnership took the nancial assistance for Iraq and the deserve. A recent survey of 12 national celebration nationwide. Since then, the other describing Japan’s cultural as- Red Ribbon campaign has reached mil- parks by the Coalition of Concerned sistance for Iraq—in the CONGRES- lions of children, families and commu- National Park Service Retirees found SIONAL RECORD. Taken together, these that six parks had either reduced or nities across the country, spreading papers demonstrate that one of Amer- planned to reduce visitor center hours the message about the destructive ef- ica’s most reliable security allies is or days of operation. The survey also fects of drugs. truly dedicated to bringing stability found that all twelve parks had re- In my State of Iowa, this year’s and freedom to Iraq. cently cut full-time or seasonal staff theme for Red Ribbon Week is ‘‘Take a There being no objection, the mate- positions. Stand—Help Iowa Be Drug Free.’’ rial was ordered to be printed in the One of the parks surveyed, Death Schools and community groups across RECORD, as follows: Valley, reduced its law enforcement the State are organizing a variety of JAPAN’S ASSISTANCE FOR IRAQ—FACT SHEET positions from 23 several years ago to activities including pledges, contests, (Note: All figures are approximate.) 15 at the time of the study. More than workshops, rallies, theatrical and mu- 1. Overview 600 miles of backcountry roads are in- sical performances, and other family At the International Donors’ Conference adequately secured leaving natural re- and educational events all designed to on Reconstruction of Iraq held in Madrid on sources, wildlife and visitors less safe. educate our children on the negative 24 October 2003, Japan announced its finan- Meanwhile, the backlog of mainte- effects of drugs and promote a drug- cial assistance package totaling up to $5 bil- nance projects in our parks has grown free environment. lion. to a range of $4 billion to $6.8 billion, Research tells us that if you can keep The package comprises (a) $1.5 billion according to the Government Account- a child drug-free until they turn 20, grants for the immediate needs through 2004, chances are very slim that they will and (b) up to $3.5 billion, mainly in ODA ability Office. Throughout our national loans, in order to meet the medium-term park system, roads, bridges, and his- ever try or become addicted. This is needs for a period approximately through toric structures are falling into dis- why it is so important to maintain a 2007. repair, trails and campgrounds are coherent anti-drug message that begins It’s Japan’s policy to make its financial as- poorly maintained, and visitor centers early in adolescence and continues sistance by ODA and the humanitarian and are becoming outdated. throughout the growing years. Such an reconstruction activities by the Self-Defense Additionally, a recent report by the effort must engage parents, commu- Forces work in tandem for the reconstruction of Iraq. Environmental Protection Agency des- nities, and young people. Red Ribbon ignated eight national parks, including week provides each of us the oppor- 2. $1.5 billion grant Joshua Tree, as containing excessively tunity to take a stand by helping our In the grant assistance, Japan gives priority to areas such as power generation, edu- high levels of ozone. It is alarming to children make the right decisions when cation, water and sanitation, health and em- know that the air at some of our na- it comes to drugs. ployment, as well as others including im- tional parks is harmful, especially More than 80 million people across provement of the security, culture, sports since the problem of poor air quality in the country are expected to participate and capacity buildings. these regions was identified for action in Red Ribbon Week. I urge my col- Out of $1.5 billion, more than $1150 million under the Clean Air Act in 1977. leagues to join us in passing this reso- have already been disbursed or decided as Our national parks are America’s lution to demonstrate our commitment following: $180 million have already been disbursed. natural treasures. They make the to raising awareness about drugs and (Attachment A); beauty of our Nation accessible to all encourage everyone to make healthy $490 million have been committed to the Americans and, indeed, visitors from choices. International Reconstruction Fund Facility

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10830 CONGRESSIONAL RECORD — SENATE October 8, 2004 for Iraq of the UNDG ($360 million) and the (6) Capacity building programs of JICA forces represent Japan’s firm commitment World Bank ($130 million). (Attachment B) (Japan International Cooperation Agency) as to the hands-on reconstruction of Iraq. $10 million have been disbursed into IFC following: Japan’s ASDF, with its C–130 aircraft, small business finance facility; and Vice-minister and other officials of the started to transport humanitarian relief sup- $470 million worth of bilateral projects Ministry of Health; plies between Kuwait and Iraq on March 3, have been identified and decided including a Training of Iraqi doctors and nurses in 2004. During the period between March 3 and new package of projects totaling $290 million Cairo as the Japan-Egypt Joint Medical Co- September 30, over the course of 66 missions, announced on 29 June (Attachment C). operation for Iraq; the supplies carried amounted to 175.6 tons. 3. Up to $3.5 billion mainly through ODA loans Training of Iraqi experts (ex. electricity) JAPAN’S CULTURAL ASSISTANCE FOR IRAQ Japan will provide up to $3.5 billion mainly in Jordan; through concessionary loans (ODA loans) to Director General of Governorate of Al- The Government of Japan (GOJ) is deter- meet the mid-term reconstruction needs be- Muthannah Health Department and Direc- mined to offer the most possible support to tween 2005–2007, taking account of the ad- tors of Four Hospitals in Samawa and Neigh- the continued tenacious efforts by the Iraqi vancement of the political process, develop- boring Areas. people, who still face very difficult cir- ments toward the solution of outstanding (7) Others: cumstances. debt issues and the improvement of the secu- Humananitarian and Reconstruction As- It is important that the Iraqi people main- rity situation. sistance by the Japanese Self-Defense Force tain hope and improve their prospects for the With regard to areas of this assistance, in (SDF) in Samawah and Governorate of Al- future while tackling their difficulties. Ja- addition to areas mentioned above, Japan Muthanna; pan’s assistance in the fields of culture and will also focus on infrastructure develop- Consolidating broad based solidarity sports is expected to provide moral support ment, including telecommunications and among the international community; for the Iraqi efforts to reconstruct their transportation. Cooperation with Arab and neighboring country. The rich history represented by the countries; cultural heritage in Iraq is a credit to the A. Japan’s assistance disbursed so far ($180 mil- Cooperation with Germany and France; country, and sports contribute to their soli- lion) Conservation of cultural heritage and pro- darity. (1) Humanitarian Assistance for Iraq motion of sports in Iraq; and Cultural assistance may also serve to elicit (WFP, UNICEF, ICRC, UNHCR). Assistance for supplying Japanese TV pro- more understanding of Japan by diffusing (2) Assistance through the international gram. soft images of Japan (e.g. politeness, kind- organizations for the following projects: B. Japan’s assistance through International Re- ness) throughout Iraq. Umm Qasr Port Project (UNDP); construction Fund Facility for Iraq ($490 As can be seen from Japan’s experience of Iraq Reconstruction and Employment Pro- million) reconstruction after World War II, it is ex- gram m Baghdad (UNDP); tremely important and pressing for the fu- $450 million has been paid into the respec- Rehabilitation of the National Dispatch ture development of Iraq, to improve the tive IRFFI (International Reconstruction Centre (UNDP); quality of education in order to nurture Emergency Rehabilitation of Al- Fund Facility for Iraq) holding accounts of human resources. Kadhimiya Hospital (UNDP); the UNDG Trust Fund ($360 million) and the Emergency Rehabilitation of the Hartha World Bank Trust Fund ($90 million). Addi- PROVISION OF TV PROGRAMS Power Station (UNDP); tionally, $40 million will be paid into WB TF (1) Provision of ‘‘Oshin’’: IREP2 in North and South of Iraq (UNDP); in the near future. ‘‘Oshin’’ is a TV drama depicting the life of Reactivation of Primary Education in Iraq Japan has already authorized UNDG to use a Japanese woman who overcame poverty (UNICEF); $260 million out of $360 million for UNDG TF and difficulties before, during, and after School rehabilitation Project (UN–HABI- by signing the document, and will authorize WWII. ‘‘Oshin’’ has been broadcast in 59 TAT); WB to use $40 million for WB TF in the near countries and has been very popular in many Community rehabilitation Project (UN– future (totally $300 million). countries, in particular in Middle Eastern HABITAT); The relevant international organizations countries. Contribution to the IFC Fund (assistance will start some projects in the fields of elec- In October 2003, the GOJ (the Japan Foun- to Micro- and small-scale enterpises). tricity, transportation, education, water re- dation), in cooperation with Egyptian R & (3) Direct assistance to Iraq and Grassroots sources, environment and so on by using part T.V Union, provided 96 episodes (mainly assistance for the following projects: of Japanese contribution. about the woman’s childhood) of ‘‘Oshin’’ Provisions of 1,150 Police vehicles; C. Japan’s assistance through bilateral channel with subtitles in Arabic to the Iraqi Media Provision of 70 fire-trucks to Baghdad, Al ($470 million) Network (IMN) free of charge. Basra and Al-Mutharma; (2) Provision of other TV programs: Humanitarian operation in the Umm Qasr (1)) Following projects totaling $490 mil- In April, the Japan Foundation provided Community; lion was decided on 26 March and 29 June: the TV program ‘‘Project X’’ to the Lebanon- Equipment supply for Rashid District in (i) Electricity: Provision of 27 mobile sub- based Future Satellite TV. (It is a satellite Baghdad; stations throughout Iraq and rehabilitation TV station with viewers primarily from Ara- Improving Hibatoallah Institute for Down of Taji Gas Turbine Power Station, Mosul bic speaking countries including Iraq.) Syndrome; and Gas Turbine Power Station and Mosul Hy- SPORTS ASSISTANCE Provisions of ambulances in Nineveh droelectric Power Station. Governorate. (ii) Health: Rehabilitation and provision of (1) Donation of football equipment by the (4) Assistance in won with NGOs: equipment to 4 general hospitals in South Japan Football Association (JFA): Medical projects and emergency rehabilita- (Nasiriyah, Najaf, Diwaniyah, and Samawah) In November 2003, the JFA donated foot- tion of public facilities (Japanese NGO); constructed by Japanese companies and re- ball equipment (1214 balls, 4853 uniforms, and Medical project in Baghdad run by habilitation and provision of equipment to 4 394 pairs of spiked shoes) to the Iraq Football Hashemite Charity Organization (Jordanian general hospitals in North (Kirkuk, Arbil, Association (IFA). The equipment was col- NGO); and Mosul, Dabuk) constructed by Japanese com- lected from all over Japan on the initiative Project distributing medical equipment panies. of the JFA. run by CARE International (International (iii) Water/sanitation: Provision of 30 com- The GOJ provided transportation for the NGO). pact units to the city of Baghdad, and provi- football equipment to Baghdad (under the (5) Assistance in Samawah and sion of special vehicles for garbage disposal framework of Grant Assistance for Cultural Governorate of Al-Muthanna, where Japa- and sewage cleaning throughout Iraq. Grassroots Projects). nese Self-Defense Forces are dispatched, for (iv) Others: Provision of Armored vehicles (2) Provision of football equipment to the the following projects: in Baghdad and Al-Muthanna. southern Iraq including Samawah: Provisions of Water Tanks; The GOJ has decided to provide football equipment (1000 balls, 3000 game jackets, and Provisions of Emergency Medical Supplies [From the Embassy of Japan, Oct. 4, 2004] to the Samawa General Hospital; 20 inflators) to the Department of Youth and DEPLOYMENT OF JAPAN SELF-DEFENSE FORCE Emergency Aid of medical equipment to Sports in the Governorate of Al-Muthanna TO PROVIDE HUMANITARIAN ASSISTANCE IN the Samawa Maternity and Children Hos- (under the framework of Grant Assistance IRAQ pital; for Cultural Grassroots Projects). Part of Improvement of Access to Safe Drinking The total number of Japan Self-Defense equipment provided by the Government was Water; Force (JSDF) personnel participating in the transported from Kuwait to Samawah by C– School rehabilitation Project (UN–HABI- effort for the reconstruction of Iraq is ap- 130H of the Self-Defense Forces (SDF). The TAT); proximately 1,000, including up to 600 Japa- handover ceremony took place on May 23 at Iraq Reconstruction and Employment Pro- nese Ground Self-Defense Force (GSDF) the SDF camp in Samawah. An exchange gram (UNDP); troops, several Japan Maritime Self-Defense soccer match was convened between three Provision of water treatment facilities; Force (MSDF) vessels and Japan Air Self-De- soccer clubs in Samawah and the SDF team and fense Force (ASDF) aircraft. on June 10, using soccer balls provided. Provision of medical equipment to the Al- The third contingent of GSDF was dis- (3) Cooperation Relating to the Inter- Rumaytha and Al-Khidhur Hospitals. patched to Iraq on August 8. These new national Friendly Football Match between

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2004 CONGRESSIONAL RECORD — SENATE S10831 Japanese and Iraqi National Football Teams Fund to assist the reconstruction of Iraq to severely tested during a hostage crisis on February 12, 2004: be used in cultural projects of UNESCO and this year. Fortunately, that crisis was The GOJ provided travel expenses for the a project to provide vehicles for protection resolved favorably. Here’s what Prime Iraqi National Team members through the of cultural heritage is scheduled to be imple- Minister Koizumi said on April 22 on Japan Foundation. mented. that subject: The GOJ provided assistance for the Iraqi EDUCATIONAL ASSISTANCE This hostage taking has not undermined Media Network (IMN) to conduct a live The GOJ decided to contribute approxi- Japan’s firm resolve to engage in humani- broadcast of the friendly football match so mately $1 million through the Japanese tarian and reconstruction assistance in Iraq. that as many people in Iraq as possible could Fund-in-Trust for the capacity-building of It is precisely because the situation in Iraq watch the game. The GOJ also provided cov- Human Resources in UNESCO to conduct re- makes the activities of ordinary individuals erage assistance to the Lebanon-based Fu- search on the local needs and to start emer- impossible that the Self-Defense Forces have ture Satellite TV, which was visiting Japan gency assistance (training of staff members been dispatched to engage in humanitarian at the invitation of the MOFA. and launching of Web sites) for the Ministry and reconstruction assistance in Iraq. On February 12, Senior Vice-Minister for of Education of Iraq. Foreign Affairs Aisawa held a ceremony to The GOJ has appropriated part of the con- Mr. President, these facts underscore present footballs (the design of the balls is tributions it provided to the UN Trust Fund the very important point made by the same as that of the balls provided to south- to assist the reconstruction of Iraq for edu- Senator from Idaho. The United States ern Iraq) to the Vice President of the Iraqi cational projects of UNESCO, and projects Football Association, Mr. Ahmed Radhi, as a is fortunate to have Japan as a close such as assistance for literacy education and ally. I yield to the Senator from Ha- token of appreciation for his visit. capacity building of educational personnel (4) Assistance involving Judo: are scheduled to be implemented. waii. The GOJ, in cooperation with the Kodokan Mr. INOUYE. Mr. President, I want JAPAN-FRENCH COOPERATION ON SPORTS AND Judo Institute, invited the President of the to commend the Senators from Idaho CULTURAL ASSISTANCE FOR IRAQ Iraq Judo Federation (IJF) Sameir S. al- In early February 2004, Special Advisor to and California for their comments, and Mousoy to visit Japan from February 22 to to associate myself with their discus- March 6 as a part of a sports exchange assist- Prime Minister Junichiro Koizumi, Yukio Okamura visited France and agreed with the sion. ance program. The depth of my concern with the Taking advantage of this opportunity, the French Government to pursue Franco-Japa- GOJ decided to provide the IJF with 50 blue nese cooperation on sports and cultural as- subject of Japan’s cooperation with the judo uniforms for international matches and sistance for Iraq. U.S. on security matters goes very After discussions at working levels, Japa- transportation assistance for judo equipment deep. I was privileged to have served nese Foreign Minister Kawaguchi and (100 white judo uniforms and 2 sets of tatami my country during World War II, and I French Foreign Minister de Villepin agreed mats for official matches (approximately 200 to move forward on the following coopera- was as proud as any American with the mats)) donated by the All Japan Judo Fed- tive projects: victory we achieved over Japan. How- eration (AJJF) under the framework of Provision of support, inter alia, for the ex- ever, I am much more proud of the Grant Assistance for Cultural Grassroots hibition of Iraq National Museum and reha- events that have occurred since that Projects. bilitation of Iraq National Library and Iraq On March 3, Senior Vice-Minister for For- war—events that have changed two National Archives. eign Affairs Abe held a ceremony to present former enemies into the closest of al- Provision of support for Iraqi athletes aim- lies. the list of judo equipment donated by the ing to participate in international competi- GOJ and AJJF to the President of IJF, tions. Mr. President, the post-war actions Sameir S. al-Mousoy. of these two former adversaries is one Mrs. FEINSTEIN. I would like to join (5) Assistance for athletes aiming to par- of history’s most shining moments. the Senator from Idaho in calling at- ticipate in international competitions: America demanded and received Ja- tention to the very significant con- The Government invited Chairman Ahmed pan’s unconditional surrender. America al-Samarrai of the National Olympic Com- tribution that Japan is making in Iraq. also insisted on compensation, and mittee of Iraq to Japan (April 13–17). Chair- As a Senator from California, I am that was accomplished by the 1951 San man al-Samarrai paid courtesy calls on privileged to represent thousands of Francisco Peace Treaty. Our country, Prime Minister Junichiro Koizumi and Min- Japanese-Americans who I know will ister for Foreign Affairs Yoriko Kawaguchi, however, also recognized that Japan is be proud and pleased to learn about Ja- and exchanged opinions with the officials a great nation, and we dedicated our- pan’s critical role in Iraq. from the Ministry of Foreign Affairs and the selves to helping restore its place in members of the Japanese Olympic Com- Beyond the impressive figures on force deployment, which the Senator the world. Thus, instead of the kind of mittee on Japan’s assistance for the Iraqi ‘‘armistice’’ or ‘‘cold peace’’ settle- athletes aiming to participate in inter- from Idaho has so clearly outlined, it national games such as the Athens Olympics should be noted that Japan’s financial ment that only preserves hostility and 2004. He then observed the training and other commitment to Iraq, and to working resentment, both nations worked hard facilities which will accept the Iraqi ath- closely with the United States in Iraq, to transcend their recent past and letes. is equally significant. At last year’s build a true alliance. Trying to provide hope and solidarity to- As Americans, we have seen this be- Madrid International Donors Con- wards reconstruction among Iraqi nationals, fore. Our Nation’s first enemy, Britain, ference on Reconstruction of Iraq, Japan is considering the provision of assist- is now one of our very closest allies. It Japan announced a financial assistance ance for Iraqi athletes aiming to participate is inspiring that Japan and the U.S. in international games such as the Athens package totaling up to $5 billion. The have accomplished a similar achieve- Olympic Games in August 2004, the Pan-Arab package includes both $1.5 billion in ment and created a truly strong and Sports Games in September 2004, and the grants and $3.5 billion in loans. In addi- lasting alliance. The facts that Sen- Asia Sports Games in 2006. tion, Japan will host the Third Meeting ators FEINSTEIN and CRAIG put before ASSISTANCE RELATED TO CULTURE AND of the Donors’ Committee of the Inter- us only confirm how strong that alli- EDUCATION national Reconstruction Fund for Iraq ance is. (1) Assistance to the Iraq National Mu- this month. seum: Japan has also made a very signifi- f The assistance for the recovery of the res- cant effort to provide cultural assist- toration laboratory of the Iraqi National HONORING FAVORITE TEACHERS ance for Iraq. One of the documents Museum of Iraq (provision of equipment, Mr. DAYTON. Mr. President, nearly human resources development, and manage- submitted by Senator CRAIG provides 4,000 Minnesotans honored their favor- ment of facility) is being implemented based the details on this undertaking. I was ite teacher at my Minnesota State Fair on an additional contribution from the GOJ especially struck by Japan’s reference booth this summer. I would like to to the UNESCO/Japan Trust Fund. The to its own experience of reconstruction honor these teachers further by sub- Japan Foundation invited Director General after World War II and the need to en- of the Iraqi National Museum Donny George mitting their names to the Record, as sure that the unifying forces, like follows: to Japan from March 30 to April 6. Mr. those of a shared culture and athletic Donny George held several meetings with New Richmond Middle School—Shane government officials. tradition, are nurtured to help the Dupuis, Mr. Franzwa, Mr. Henk, Mr. Nadeu; (2) Provision of vehicles for protection of Iraqi people reestablish their own iden- New Rochelle High School—Daniel Owich; cultural heritage, etc.: tity. New Ulm Junior High—Ms. Liedman; New The GOJ has earmarked part of the con- It is also important to remember Ulm Senior High—Colleen Tasto; New York tributions which it provided to the UN Trust that Japan’s commitment to Iraq was Mills Elementary—Connie Griffith; Newport

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10832 CONGRESSIONAL RECORD — SENATE October 8, 2004 Elementary—Mrs. Bernie; Nicollet High Onamia Elementary—Ms. Maxwell, Kelly mentary—Krista Anderson, Mrs. Jernberg, School—Brad Koenig, Kenneth Wick; Mertens; Onamia Secondary School—Joani Sandra O’Donnell, Kristen Parker, Lori Tier- Nicollet Junior High—Ann Bakken, Danielle Ellingson; Orchard Lake Elementary—Mrs. ney, Mark Trumper; Pilot Knob Elemen- Christy, Mr. Holt; Nisswa Elementary—Bren- Batta, Patti Schluter, Janine Steffer; Ordean tary—Steven Anderson, Char Kascht, Dave da Marohn, Sue Headlee; Noble Elementary— Middle School—Jennifer Timm; Orono High Skoglund, Carol Olson; Pine Bend Elemen- Mrs. Johnson, Rachel Schwandt; Nokomis School—Sarah Cole, Adrienne Gilby; Orono tary—Patty Goettsch, Mary Landis, Ben Elementary—Sharon Benson; Nokomis Mon- Intermediate—Katy Crofutt; Osceola Middle Peine; Pine City High School—Eric Wicktor; tessori—Mr. Huelster, Judy Jacobsen, Geor- School—Rachel Marrier; Osseo Elementary— Pine Hill Elementary—Mrs. Burns, Sue gia Maguire, Gwen Odney; Norman County Nancy Hammer, Kathy Johnson, Kathy Elchert, Mrs. Germshied, Andrew Hovden, Secondary School—Mildred Halvorson, Petruzzi, Carolyn Steinke; Osseo High Ms. Karnowski, Mrs. Mitchell; Pine Island Gwendolyn Meyer, Robert Ramstad; School—Brian Chance, Jill Kellar, Ms. Elementary—Mary Bakeberg; Pine Island Normandale Community College—Chuck Lausche, Gary Leafblad, Mr. Rosch, Ms. High School—Dale Phillipson; Pine Lake El- Gross, Cynthia Shiebe, Marilyn Wood; Sasse, Leslie Schmelsser, Mr. Schultz, Gerry ementary—Mr. Klippenes; Pinecrest Elemen- Normandale Elementary—French Immer- Zelenak, Eric Kalenze, Daryll Lindquist, tary (Hastings)—Lyn Much, Glenda Peak; sion—Gary Boisclaire, Joanne Click, Joey Kelli Wallk; Osseo Junior High Greg Bigalke, Pinewood Elementary (Monticello)—Jessica Click, Jaime Locke, Jennifer Johnson, Bar- Joe Domeier, Mr. Lemke, Clayton Ochs, Mrs. Herbst; Pinewood Elementary (Eagan)—Mrs. bara Pinaire; Peterson; Osseo Secondary Transition Cen- Anderson, Betsy Beach, Erik Davis, Joel Normandale Hills Elementary—Mr. Zarbo, ter—Kristin Cappola; Osseo Senior High— Ruthenbeck, Pinewood Elementary (Mounds Karen Anthony, Mrs. Kosey, Emily Nuss, Helen Larson, Mr. Leabo; Otsego Elemen- View)—Barbara Brusman, Melissa Dugan, Mrs. Oldfather, Jan Saari, Carol Shelly, tary—Nancy Boyer, Rick Greenwaldt, Mary Gary Judd, Holly Kettelsen, Betty Simonsen; Doris Stenberg; North Branch Elementary— Beth Stensgard, Wayne Stensgard, Julie Pioneer Ridge Freshman Center—Ross Dianna Linehan, Julia Roman, Dave Balzer; Olson; Ottawa Hills School District—Susan Erickson; Pipestone Alternative Program— North Branch High School—Marilyn Everheart; Otter Lake Elementary—Ann Toni Cunningham; Pipestone Area Schools— Fagerness; North Branch Middle School— Feider, Lee McGrath, Mrs. Poppa, Lisa Leorna Studt; Pipestone Public Schools— Joan Carlson, Al Jones, Robert Monk, Lisa Joan Ratzloff; Pleasantview Elementary— Thompson; Our Lady of Grace School— Mueller; North Elementary (Princeton)—Mr. Jill Krueger, Mrs. Martin, Gina Rudolph; Bonnie Stone; Our Lady of Peace—Julie Johnson; North Hennepin Community Col- Plymouth Middle School—Katie Buss, Brad- Mueller; Owatonna High School—Katie lege—Marion Day; North High School (Min- ley Burns, Tony Vazquez; Pope John Paul II Berglund; Owatonna Junior High—Margaret neapolis)—Jeff Bustza, Richard Chakolis, Catholic School—Mrs. Aska, Lissa Forletti- Aletha Halcomb, Julie Jacobsen, Natalie Swanson; Oxbow Creek Elementary—Rolf Aska; Poplar Bridge Elementary—Mrs. Rasmussen, Patricia Rydeen; North High Carlson, Ms. Cox, Neil Eerdmans, Judy John- Kapsch, Nancy Layman, Susan Peterson, School (North St. Paul)—Ms. Brown, Karen son, Heidi Johnson, Kari Kaehn, Rebecca Emily Rolek, Michelle Shorma, Mrs. Steffes; Klein, Kate Liden, Melissa Morgan, Sarah Lundberg, Terry McEowen; Palmer Lake El- Powderhorn Elementary—Joan Hutchinson, Paul; North Lakes Academy—Caroline Lit- ementary—Marlys Carols-Stieskal; Park Nancy Kruse; Prairie Elementary—Maririn tle; North Park Elementary—Faith Twedell; High School—Valerie Bradt; Park Brook Ele- Jensen, Judy Schmidt, Yvonne Sieve; Prairie North Rose Wolcott High School—Sherman mentary—Mary Beth Walls; Lutheran Early Childhood—Avis Turner; Parker; North Senior High—Lisa Johnson; Park Center High School—Paul Lorentzen, Prairie View Elementary—Linda Fullerton, North View Junior High—Sue Howard, Dan Bradley Olson; Park Elementary—Susan Mike Skarp, Mark Swiggum; Prairie Woods Murphy, Nancy Ziemer, Tom Brandt, Dianna Haughland; Park High School—Denise At- Elementary—Jon Ninneman, Gwendolyn Deschene, Mike Mullin; Northdale Middle kinson, Stephanie Blair, Jarom Debtviller, Roeder; School—Sarah Engstrom, Julie Mr. Kyes, Mr. Mackie, Roberta Rudolph, Pratt Elementary—Matt Berg, Anita Fleischhacker, Veann Beutler, Tim Martin, Christopher Russel, Maria Tol; Park Rapids Kangas, Laura Madsen; Presentation of Mary Lionel Washington; Northern Elementary— Elementary—Candy Malm; Park Senior Elementary School—Hannah Stolen, Patsy Mary Kostohryz; Northern Illinois Univer- High—Joe Hentges; Park Spanish Immersion Bishop; Prince of Peace Lutheran School— sity—Paul Stey; Northfield High School— Park Spanish Immersion Teachers—Milissa Wayne Coburn; Princeton High School— Stephen Cade, Donald Dick, Deb Reynolds, Hoffman, Corey Maslowski; Park Spanish Duane Anderson, Stephen Larson; Princeton Sam Wold; Northfield Middle School—John Immersion Elementary—Kathleen Walser; North Elementary—Carol Jones; Princeton Bade, Mark Langerin; Northrup Elemen- Park Valley Catholic School—Mrs. South Elementary—Heidi Gebhard; Prior tary—Mary Hartman, Jim Nannemann; Steffensmeier; Park View Early Childhood Lake—Ms. Colbert, Lyle Grimmer; Proctor Northside Christian School—Beth Dvorak, Center—Lee Bahr; Park View Montessori Senior High School—Dick Kieren, Jim Bryan Remen, Anne Remen; Northside Ele- School—Teri Blair, Todd Vandeberg; McIntire, Kathy Sylvester; Prosperity mentary (Benson)—Mary Ann Larson; Parkside Elementary—Lauri Hayes; Heights Elementary—Mary Bakken, Angela Northside Elementary (St. James)—Roxanne Parkvalley Catholic School—Leona Cornish, Jalonack; Providence Academy—Teresa Wil- Romsdahl; Northview Elementary School Mrs. Halstrom, Nancy Hanson, Mrs. Heimer; son; Pullman Elementary—Nicole Wildman; DHOH Team—Kristine Cinealis, Northwest Parkview Center Elementary—Christine Putnam Elementary—Cathy Clemons, Mrs. YMCA—Gloria Smith; Northwestern Col- Hitchcock, Gloria Honda, Deb Obey; Johnson, Kristie Rossow; Putnam Heights lege—Bruce Melander, Jackie Pickar; O.H. Parkview Center School—Barb Grengs, Gail Elementary (Eau Claire, WI)—Alan Hudacek; Anderson Elementary—Dave Clymer, Chris- Hagen, Jill Koshiol, Stacy Nelson; Parkview R.T.R. High School—Mr. Thomas; Rahn Ele- tine Anderson; Oak Grove Middle School— Early Childhood Center—Mrs. Blake; mentary School—Brad Taylor; Rainbow Con- Renee Sbrocco; Oak Hill Community Ele- Parkview Elementary (Rosemount)—Petra nection Preschool—Kristy Adams, Deb mentary—Linda Baker, Mr. Kaczor; Oak Hill Hagen, Mrs. Lunn; Parkview Elementary Milow; Ralph R. Reeder Community Edu- Montessori—Renee Laurent; Oak Hills Ele- (Virginia)—Marcia Bergquist; Parkview Ele- cation Center—Cathy Larson; Ramsey Ele- mentary—Mrs. Bloomquist, Ms. Rome; Oak mentary (White Bear Lake)—Mr. Allen, Ms. mentary—Sandra Anderson, Lona Kampf, Park Elementary—Nina Leiser, Daryl Sharp; Parkway Elementary—Rebecca Swan- Sue Olseon, Penny Rodman, Patricia Vossler; Oak Point Elementary—Chris son; Parkway Elementary (St. Paul)—Nancy Schlick, Sue Stearans, Deb Waller; Ramsey Hajney, Diane Kelly, Mrs. Radel, Jodi Radel, Class, Mrs. Heubach; Patrick Henry High Fine Arts Elementary—Blatti Ann, Kathy Matt Rusch, Mrs. Wolfe; Oak Point Inter- School—Perry Juenemann, Eva Lockhart, Glick, Susan Gonzalez, Jennifer Hennen, Pat mediate Elementary—Heidi Wavinak; Oak Susan Losacker; Paul and Sheila Wellstone Kelly, Tim Leach, Lisa Munson; Randolph Point Intermediate School—Vicki Effertz; Elementary—Kelly Madder, Mrs. Potts, Judy Heights Elementary—Lisa Dochniak, Monica Oak View Elementary—Mr. Esselman, Jill Schultz; Paynesville Elementary—Cheryl Fitzgerald; Simon, Kelli Varley; Oak View Middle Colbert; Paynesville High School—Patricia Red Lake Elementary—Shelly Fredriksen, School—Olivia Bastian, Mary Mann, Gordy Nelson; Paynesville Middle School—Todd Jean Whitefeather; Red Oak Elementary— Nilsen; Oakdale Elementary—Shirley Blasjo, Spanier; Pearson Elementary—James Otto; Mary Louise Olberding; Red Pine Elemen- Lynn Brown, Jane Cavanaugh, Kari Eilief, Penn Township School District—Leola tary—Nicole Crumb, Sue Gerten, Laurie Her- Lisa Frampton, Patty Krauschaar; Oakland Schmidt; Pequot Lakes High School—Lynn man; Red Rock Elementary—Mrs. Denault, Junior High—Brian Luke, Julie Guerber, Smith; Perpich Center for Arts Education— Stephanie Dorn, Mrs. Lee, Laura Loppnow, Robin Vought; Oakridge Elementary—Mrs. Joao Bichino, John Colburn, Craig Farmer, Kathy Mides, Mrs. Opatz, Red Rock Elemen- Yetzer; Oakview Middle School—Mr. Walden; Bob Frey, Chris Granius, Nancy Norwood, tary Teachers; Red Wing High School—Jeff Oakwood Elementary—Rose Klobuchar, Jan Wesley Wallace; Chalmers, Lowell Gran, Jim Morrisson, Dave Wiley; Occidental College—Daniel Fineman; Peter Enich Kindergarten Center—Mr. Woods, Kevin Larson; Redwood Valley High Odyssey Charter School—Jeni Holm; Ogilvie Gall; Peter Hobart Elementary—Barb School—Mrs. Sales; Redwood Valley Middle High School—Joan Erickson; Olathe Unified Bottlene, Ali Dvorak, Elizabeth Lovas, Car- School—Susan Anderson, Elizabeth Sales; School District—Antonia Miller, Mr. Reeves; ole Humphrey; Phalen Lake Elementary— Reede Gray Elementary—Euleen Olivia, MN—Letha Brenner, Pat Kadlecek; John Farthing, Ms. Wolters; Phillips Com- Christensen; Renville County West Elemen- Olson Elementary—Jessica Newman, Jane munity School—Clyde Eagle; Piedmont Ele- tary—Cam Weis; Rice Creek Elementary— Willey; Olson Middle School—Terry Fraver, mentary—Jan Holt, Gerry Mizuko; Pierz Beth Gelino; Rice Elementary—Mrs. Tammy Kellen, Jean Liss, Karolyn Thomp- High School—David Dormanen; Pike Lake McDermid; Rice Lake Elementary—Amy son, Ron Wagner, Jeremy Willey; Oltman Elementary—Jean Modjeki; Pilgrim Lane Gerst, Ryan Hahn, Jeanne Holland, Ann Mil- Junior High—Peter Bergman, Susan Peichel; Elementary—Mrs. Stensrud; Pillsbury Ele- ler, Karen Schwartz, Gail Tellander, Candy

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2004 CONGRESSIONAL RECORD — SENATE S10833 Boser, Mr. Stamman; Richard Green Elemen- Woodbury—Mrs. Kress, Laurel Madden, Tammy Trochu; Saint Paul Mechanical Arts tary—Karen Larson; Richard Green School— Felicia Ochs, Kristn Woolsey; Saint Angela High School—Barbara Brice, Ray Schneider; Ms. Guiltary; Richardson Elementary—Ms. Merici School (Bronx, NY)—Diane Flanagan- Saint Paul Open School—Leo Bickelhaupt, Jansen; Richfield High School—Richard Hogan; Saint Anthony Middle School—Rob- Paula Brust, Jule Doble, Sheri Gongioroski, Prindle, Barry Bain, Mr. Bente, Laurie ert Prust; Saint Anthony Park Elementary— Kelly Jensen, Vaughn Koenig, Tim Leone- Brown, Colleen Fischer, Mabel Frankenstein, Jessica Cherrier, Ruth Krider, Cathy Lime, Getten; Saint Paul’s Lutheran Elementary— Christopher Kaus, Derek Nelson, Mr. Oiseth, Courtney O’Lean, Tim Olmstead, Susan Amy Bohme; Saint Peter High School—Mr. Cliff Peterson, Jennifer Swenson, Aaron Polfliet; Saint Anthony Village High Harvey, Korrien Kreft, Jeff Miller; Saint Tepp, Elizabeth Vella Zehnphennig, Bruce School—Linda Guidera; Saint Batholomew’s Peter South Elementary—Ms. Farrington; Wiebe; Richfield Intermediate School—Kath- School Sr. Marcene; Saint Bernard’s High Saint Peter’s Catholic School—Suzanne ryn Post, Jim Hayeck, Jodi Schleyer, Sandy School—Amy Okan, Mrs. Harrington, J.P. Yager; Saint Peter’s School—Jeff Murawski; Stone; Richfield Middle School—Val Caroll, Kolbinger; Saint Boniface School—Liz Saint Pius X Holy Family School—Deb James Habeck, Julie Lentz, Laura Ficker; Saint Casmirs—Margo Lutzek; Saint Christensen, Racheal Hansen; Saint Rose of McQuiston, Kim Smith; Richfield School Charles—Donna Spletz; Saint Charles Lima Elementary School—Mrs. Kniffin, Rita District—F. Taber-Akin; Richmond Elemen- Borromeo Catholic School—Judy Kusz, Mr. W., Diane Wald; Saint Therese of tary—Susan Utecht; Willmar; Saint Charles Elementary School— Deephaven—Stephanie Brondani, Mrs. Con- Ridgeview Elementary—Ms. Anderson, Jeffrey Cole, Mike Smith; Saint Charles nors, Carol Groetsch, Susan Ryan, Tim Paul Meyer; Rippleside Elementary—Sharon High School—Sarah Dixen, Scott Mecready; Wartman; Saint Thomas Academy—Wendy Lake, Daryl Smith, Loren Vonaske, Missy Saint Clair Elementary—Deb Hart; Saint Fox, Donna Isaac, Tom Weber, Mark Walters; River Falls School District—Lanny Clair High School—Jim Williams; Saint Westlake; Saint Thomas School—Michelle Saumer; River Heights Elementary—Lisa Cloud—Marie Corriean, Ray Maresh, Sharon Misner; Saint Vincent De Paul Elementary— Mayer; Riverside Elementary—Ms. Porter; Truex; Saint Cloud Children’s Home—Craig Mrs. Schlickup; Salem Hills Elementary— Riverview Elementary School—Larry Slocum; Saint Cloud Christian School— Ms. Gustafson; San Diego, CA—Diane Moss; Golyer, Krista Carroll; Robbinsdale Arm- Patty Kelm; Saint Cloud School District— Sand Creek Elementary—Roger Johnson, strong High School—Pam Stanoch, Paul An- Larry Hanson; Saint Cloud State Univer- Scott Schaefer; Sandburg Middle School— derson, Linda Holstein, James Irwin, Dean sity—Albert Grottel, Chuck Rose, Frances Mark Balske, Mrs. Franz, Lauren Larsen, John Norton, Kathleen Norton; Kayona, Janine Dahms-Walker; Hildebrand, Dan McMullen, Molly Schmidt, Robbinsdale Cooper High School—Mrs. Bye, Saint Cloud Technical High School—Ger- Glen Semanko, Carrie Stack-Schaefer; Sand- Lisa Emison, Vernon Hollister, Melissa Kyle, ald Gerads, LeRoy Pauley; Saint Croix Falls stone Saint Croix School—Barb Kunelius; Kurt Pauly, Carol Zaudtke; Robbinsdale Senior High School—Erik Paulson; Saint Da- Sanford Middle School—Lisa Dreyer, Nilo School District—Mr. Mossberg; Robbinsdale vid’s Child Development Center—Debbie and Guanzon, Lisa Stuehringer; Sartell Middle Spanish Immersion—Sr. Marique, Laura Tina; Saint Elizabeth Ann Seton Catholic Pezan; Rochester—Sarah Nelson; Rochester School—Donna Kellor, Amy Trombley; Middle School—Jeane Sharpe; Saint Francis Sartell Senior High School—Jeff Kellerman; Central Lutheran School—Pat Bryngelson; de Sales School—Mrs. O’Keefe; Saint Francis Rockford Elementary School—Terry Sauk Centre Elementary—Mary Lou Kluver, Elementary—Patti Jo Oslin, Susan Sandra Malevich; Sauk Rapids-Rice Senior Stansfield; Rockford High School—Caroline Robinette; Saint Francis High School—Mr. Young; Rogers Elementary—Mrs. Deroma, High School—Kevin Hemmesch, Laura Bender, Michael Buck, Bobbi Hume, Mr. Mackenthun; Savage—Cindy Busse; Scandia Vicky Roberts; Rogers High School—Laura Keillor, Charles King, Mr. Klicka; Saint Honeck, Sara Klingelhofer, Susan Romane; Elementary—Mrs. McArdle, Jackie McMa- Francis Junior High School—Mr. Rose, Sue hon; Scenic Heights Elementary—Dylan Rogers Middle School—Julie Athman, Lance Starr, Bo Stevens; Saint Helena School—Sue Boole, Lori Tukey; Rondo Learning Center Briest; Schaeffer Academy—Nola Aderton, Poepl; Saint John Fisher College—Michael Lisa Martinson; School District of Haverford Cathy Smith; Roosevelt Elementary (Detroit Walczak; Saint John the Baptist School— Lakes)—Jane Ballard; Roosevelt Elementary Township—Mrs. Blanchard; School of Envi- Debra Cheney, Danielle Darwin, Mrs. Koskie, ronmental Studies—Kim Lindell, Brad Nord; (Faribault)—Mary Canney; Roosevelt Ele- Ms. Schnette, Mrs. Spoden, Mrs. Sue, Mrs. Schoolcraft Learning Community—Judy mentary (Mankato)—Brian Eggersdorfer, Thompson; Saint John the Evangelist Bing, Linda Blessing, Karen Bradley, Sara Kayla Koble, Mrs. Kuhlmann; Roosevelt Ele- School—Andrew Sachaliason; Saint John Breeze, Jim Conway, Marilyn Delaney, Ken mentary (St. Cloud)—Larry Hanson; Roo- Vianney School—Marge Milner, M. Grantier, Gerry Hoyum, Heidi Lindseth, sevelt Elementary (Virginia)—Wayne Slater; Pepperwolf, Nancy Schneider; Saint John’s Greg Moen, Melanie Nelson, Carla Patch, Roosevelt High School (Minneapolis)— Catholic School (Hopkins)—Amy Hoheneker; Hilary Phukan, Lisa Robinson; Schumann Jeahanne Beaton, Margaret Berg, Sharon Saint John’s Lutheran School (Chaska)— Haldeman, Diane Martini-Johnson, Mr. New- Mrs. Herman; Saint John’s Lutheran School Elementary—Stephanie Johnson, Jane Kip- ton, John Vukmomich; Roosevelt Magnet El- (Maple Grove)—Justin Bermister; Saint Jo- ling, Rochelle Ratzloff, Susan Vest; Scott ementary (St. Paul)—Sheryl Cain, Jeanne seph’s Catholic School—Sister John Chris- Highlands Middle School—Jeremy Abbot, Ertz, Dayna Thomas; Roosevelt Middle tine, Regina Raush; Saint Joseph’s School of Lorie Dahlstrom, Phyllis Deer, Ron Finger, School (Blaine)—Laura Kaiser, Wayne Music—Rose Immacula; Saint Jude of the Stephanie Helgerson; Seward Montessori El- Larkin; Roseau Elementary—Kelly Lake—Tammy Green, Tracy Lewis; Saint ementary School—Kathie Glick, Kristen Christianson; Rosemount High School—Rod- Louis Park High School—Dorothy Ranslan, Hanson, Paul Hegre, Leni Heinen, Paul ney Smith, Liz Erikson, Sara Haitlei, Faith Arthur Cahill, Joe Getty, Joe Conrad, Jan Heshe, Elizabeth Hockbeing, Agnes Kil- Jonas, Mr. Olsen, Caroll Rasch, Thomas Lane, David Linne, Mary Norris, Kevin patrick, John Roper-Batker, Karen Utter; Scott, Mr. Sieve, Mr. Theisen, Dr. Scott, Roy O’Brian, Lee Smith, LeeAnn Stephens; Shakopee Area Catholic School—Renae Warter; Rosemount Middle School—James Saint Louis Park Junior High—Mrs. Sames; Shakopee High School—Eric Strey; Rosemount, MN—Justin Austgen; Maslowski, Randy Moore; Saint Mark’s (St. Christianson, Edie Cook, Bev Fahey, Jason Roseville Area High School—Kay Sorgatz, Paul)—Karen Marolt, Ms. Rosga, Nicole; Hunt, Mr. MILLER; Shakopee Junior High— Jane Aguilar, Merlen Clercx, Donna Saint Mary of the Lake Catholic School— Ms. Fiora; Shannon Park Elementary—Chris Erickson, Edward Fredine, Wally Jacobson, Jeanne Bennek, Patty Clauson, Beth Ice, Sue McMurchie, Mary Snyder, Carol An- Robert Pass, Mary Peterson, Chris Ploetz, Croseby, Ms. Easton; Saint Mary’s (Saint derson, Jill Kopperud; SHAPE Program Charity Przepiora, Chelsea Schultz, Bo Paul)—Susan Reinardy; Saint Mary’s (West (Bloomington)—Marion Thorne; Sheridan El- Smith, Kent Smith, Mr. Wagner, Jim War- Saint Paul)—Susan Walker; Saint Michael- ementary (Lincoln, NE)—Karen Hoiberg; ren; Rooseville Area Middle School—Tony Albertville High School—Derek Dewey, Mi- Sheridan Elementary (St. Paul)—Sheila Andrea, Jeff Bibeau, Barbara Grengs, Scot chael Frickstad, Jens Rhoades, Pat Neu- Kluxdal; Sheridan Global Arts and Commu- Lavinger, Margo Olsen, Jodi Walker; Rose- mann; Saint Michael’s School (Prior Lake)— nications Elementary—Renee Beer, Charles ville Lutheran Nursery School—Anna; Mr. Nickelson; Saint Michael’s School (West Bethke, Colin Brown, Susan Ferrell, Nadine Rossman Elementary—Patricia Lee Benson, St. Paul)—Sister Connie; Saint Odilia Parish Hennings, Cathy Jaksha, Becca Kristofitz, Ron Sprafka, Joann Strand; Royal Oaks Ele- School—Katy Maier, Kevin Scroggins, Mrs. Joni Kueng, Chasu Lo, Ms. Melquist, Carolyn mentary—Mrs. Appert, Kelly Baeth, Laurie Wendland; Saint Olaf College—Judy and Jim Olcott, Robin Parker, Roberta Puzon, Jody Beebe, Mr. Birkolyz, Denise Downhour, Lou- Cederberg, James Dickson, George Holt, Dan Quenell, Linda Radick, Karen Ruhs, Brenda ise Hinz, Linda Rull, Matt Judd; RTR High Forstner; Saint Pascal’s School—Mrs. Camp- Schultz, Leah Williams, Shirely Foerster; School—Mr. Thomas; Rum River Elemen- bell, Mrs. Reihle; Saint Paul—Blanche Bur- Sheridan Hills Elementary—Jean Malherek, tary—Mrs. Blue, Beverly Semanko, Jane roughs, Ms. Hollman, Mrs. Martha, Dorothy Mrs. Geafer; Shingle Creek Urban Environ- Wood, Debra Day, Sandy Hannah; Rush City Sarafolean, Tina Westawker, Billie mental School—Paul Brau, Craig Smith; High School—Michael Vaugh; Rush Creek El- McQuillan, Ralph Helm; Saint Paul Academy Shirley Hills Primary School—Mrs. ementary—Margot Andress, Ann Mock, & Summit School—Laura Duke, David Tollefson, Dan O’Brien, Jessica Rashleger; Phyllis Rither, Patti Tannuzzo, Julie Wil- Fuerst, Laurie Goldfarb, Alisa Grewe, Judy Sibley Elementary—Susan Chabot, Dan liams; Rushford-Peterson High School— Johnson, Margaret Kelberer, Tom Lundhom, Foley; Silver Lake Catholic School—Karen Craig Colbenson; Rutherford Elementary— Ms. Miller; Saint Paul Central High School— Eckstein; Simley High School—Anne Batisti, Gretchen Haukom, Mrs. Spencer, Julie Kra- Ed Roth, Juanita Spire, Mr. Yernburg; Saint Tom Claussen, Thomas Findlay, Matthew mer; Sacred Heart Elementary— Katie Paul College—Kathy Ross; Saint Paul Lorey, Rufino Ochoada, Mike Murr; Sioux Goole, Mrs. Harty; Saint Ambrose of French Immersion School—Audrey Gagnaire, Trail Elementary—Karen Brown, Elaine

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10834 CONGRESSIONAL RECORD — SENATE October 8, 2004 Vezina; Sky Oaks Elementary—Nancy Bell, Kaylen Gores, Mary Swenson; Sun Path Kelly Nelson; Waseca Central Intermediate Brandt, Kate Landgen, Mary Lincoln; Elementary—Mary Kornder; Sunday School—Brenda Saemrow, Jody Schlichte; Skyview Community Elementary—Seann School—Amy Baker; Sunny Hill Preschool— Waseca High School—Herb Streitz; Dikkers, Peter Evans, Kari Ratz, Peter Ruthann & Vicki; Sunny Hollow Montessori Waseca Junior High School—Sheryl Wild- Evans; Snail Lake Elementary—Leslie (St. Paul)—Anne Paul; Sunrise Park Middle er; Washburn Elementary—Aimee Johnson, Lundmark, Craig Sundberg, Nathan School—Travis Littlefield, Huy Nguyen; Flansburg; Solomon Schecter Day School— Susan Lindgren Elementary—Sabrina Olson; Ms. Schill; Washburn High School—Barb E., Aliza Zeff; Somerset Elementary—Kathy Sweeney Elementary School—Jennifer John- Nancy Gustafson, Christine Lamm, Perry Cardinal, Sue Wyckoff; Sonnesyn Elemen- son; Talmud Torah of Saint Paul—Faye Rudey, Gary Wald, Jennifer Welbaum, Mrs. tary—Jennifer Cavanaugh, Janet Maki, Kay Bearman, Benji Latz, Robbi Nelson; Tartan Wells, Katy Winker, Allan Wurst; Wash- Miller, Jan Moen, Pam Oesterreich, Molly High School—Jan Churchill, Gerard Coury, ington Elementary (Alexandria)—Dave Gran, Zensen, Katni Homan; Sorteberg Elemen- Tony Didier, Matt Duffee, Roy Erickson, Deb Odland; Washington Elementary (Clo- tary—Judy Saboe; South Avondale Elemen- Vicki Fellows, Kristin Gessert, Glen Hanson, quet)—Mr. Goard, Karen McKenna; Wash- tary School—Sally Coomes; South Elemen- Mrs. Hyers, Karen Hyers, Phylis Kirsch, Dan ington Elementary (Crookston)—Nancy Neis; tary—Lexi Cumings; South Grove Elemen- Krengel, Carolyn Merva, Jeff Patry, Jackie Washington Elementary (Mankato)—Gerald tary—Mrs. Chun; South High School—Neil Reiter, Mr. Roleff, Dave Rutledge, Craig Hansen, Connie Long, Cindy Stone; Wash- Anderson, Douglas Berglund, Scott Carter, Spreiter, Grant Steves, Mandy Wineberg, ington Elementary (Owatonna)—Jenni Duane Dentz, Brian Fitzgerald, Mrs. Gunder- Janice Yamamoto, Vicki Reiter, Mark Bricko, Monica Konold; Washington Elemen- son-Johnson, Mrs. Hayes, Tanya Hodge, War- Junod, Louise Weldon; Taylors Falls Ele- tary (Willmar)—Earl Habben; Washington ren Kaari, Denny Sponsler, Mark Wald, mentary—Mike Ackertz, Mrs. Noyd, Sheila Middle School (Brainerd)—Letitia Laske; Susan Wolfe, Melinda Bennett; Snail Lake Sandell, Technology and Language School— Washington Middle School (St. Paul)—Anne Elementary—Eric Collins; Mr. Lee, Ken Habel; Temple Israel School— Johnson; Watershed High School—John Mil- South Point Elementary—Kathy Voelker; Fran, Heidi Trashish; Tesseract School— ler; Watertown-Mayer Elementary—Tyler South Saint Paul High School—Conrad An- Robert Tuma; The Blake School—David Bur- Finkelson, Joan Fritzke, Mr. Rockhold, Col- derson, Judy Carney, Jennifer Caruso, Mar- ton, Judy Ann Ehrlich, Will Fisher, Laura leen Kelzer; Waterville-Elysian-Morristown lene Greger, Rachel Hansen, Sean Larson, Mr. Olsen, Heinz Otto, Lisa Junior High—Mrs. Wanless; Watkins Ele- McGlaughlin, Marilyn West, Jim Woodburn, Vaughnn, Larry Hester, Ms. Johnson, Kath- mentary—Don Ksar; Wayzata High School— Jane Stull; South View Middle School—Pat- ryn Kaatz, Patti Loftus, Chris Passi; Thomas Jeff Dahl, Grace Gamradt, Brenda Gonuea, rick Anderson, Ms. Barnett, Ms. Cicmil, Lake Elementary—Brenda Fluke, Mrs. Michelle Howe, Kevin Johnson, Ertwin Dean Dahl, Ms. Koenig, Marge Melvin, Mr. Hokkanen, Mrs. Tan; Jones-Hermerding, Stacy Larson, Chuck Sigmund, Mr. WOLFbauer, Dan Wymore; Torah Academy—Aarah Aizman, Jill Sing- Leonard, Gail Rains, Jan Reineck, Peter South Washington—Sarah Jepsen; South er; Totino-Grace High School—Tim Glynn, Schmit, Tom Tietze, Adam Tillotson, Bill Washington County School District—Daryl Tom Jeffries, Mary Newman, Dick Paul, Vieth, Chip Williams, Ken Zwach; Vossler; Southern Illinois University Jason Schwalen, Ms. Sweet; Tracy High (Edwardsville, IL)—Thomas O’Keefe; South- School—Jerome Rood; Transfiguration Webster Magnet Elementary—Robin Abel, land Senior High—Larry Luke; Southside Catholic School—Bryan Collins; Trinity Pam Anderson, Bob Blat, Chris Diaz de Leon, Family School—Peter Oppenheim; Catholic School—Mr. Heller, Sister Mary Lo- Ralph Helm, Diane Kastner, Ms. Lund, Ron Southview Elementary—Carol Peach, Lee rentz, Marla O’Keefe; Trinity Lutheran Moeller, Mrs. Reinhardt, Niceta Smith, Filipek; Southview Middle School—Ms. Ar- School—Ron Anenson, Greg McCourt, Laura Laura Stirn; Westwood Elementary—Debbie nold, Ms. Padden; Yust; Trinity School at River Ridge—Ken Kaiser, Mrs. McCuster, Carl Nevils, Helen Southwest Christian High School—Andrew Folkestad; Turtle Lake Elementary—Nancy Swedien, Kari Sunberg, Westwood Elemen- Gross; Southwest Junior High School—Crys- Friendt, Joan McMahon, Dennis Nelson, tary Staff—Pam Dugas; White Bear Lake tal Ivanish; Southwest Senior High School— Cheryl Wallin; Tuttle Elementary—Teresa High School—Dan Rossiter, Kari Sunbeg, Mr. Mr. Behrendt, Mr. Denysenko, Robert Fer- Wisniewski; Twin Bluff Middle School—Amy Nakasone, Roger Storkamp, Tiffany guson, Art Froehle, Larry Levine, Megan Carlson, Amy Strusz; Twin Cities Academy— Dittrich, Peggy Ludtke, Mrs. Bortot, Mrs. Marsnik, Beth Otto, Thomas Perry; Anne Erin Amundson, Shannon Gould, Mr. Koch, Braegar, Mrs. Christenson, Gary Cook, Karla Marie Plante, Robin Polson, Sarah Sexton, Gina Stine, Susan Webster; United South Lauerman, Marci Markuson, Keif Svendsen, Bill Towne, Jonathan Townsend, Ms. Central Elementary—Mrs. Dalton; Unity El- John Mwachlarowicz, Mrs. Wagner, Marcia Westby; Southwest Star Concept Secondary ementary—Yvonne Sorenson; University Day Wellstone, Joe Rukavina; Watzata East Mid- School—Robert Graef; Special Education Re- Community School—Jan Schaffer; Univer- dle School—Karen Peters; Wayzata—Karen source Program (Minneapolis)—Meghan sity Elementary—Nicole Nelson; University Boole, Ginny Hersey; Wayzata Central Mid- Scallon; Spooner High School—Mrs. of Central Florida—Robert Wood; University dle School—Stacy Calvert, Anne Todd; Eichhorst; Spring Lake Park Senior High of Minnesota—JoAnne Buggey, Ed Nater, Wayzata East Middle School—Rachel Schaef- School—Michael Bobbe, Jennifer Bobbe, Peter Ralston, Larry McDonough, Drew fer; Wayzata West Junior High School—Ron Brian Fredine, Wendy Hatchner, Carl Sweetzer, Michael Root, Raymond Duvall, Billings; Wayzata West Middle School—Mary Luepker, Jeremy Sellman, Beth Wackman; Maribeth Overland, Jeff Ratliff-Grain, Steve Anderson; Weaver Elementary—Michael Stevenson Elementary—Darri Becchetti, Andreasen, Lee Galda, Shirely Garner, Karen McHatchensen, Amy Arntson, Beth Mrs. Hermann, Michael Kozarek, Debbie Jorgensen, Jerry Luckhardt; University of Chapelaine; Weaver Lake Elementary— Rein, Ms. Simineol; Stillwater High School— Saint Thomas—Karen Boros, Robert Brown, Bonnie Caper-Eckstein, Mrs. Foster, Mrs. Greg Johnson, Marcia Aubineau, Bill Carl- Robert Delhunty, Beth Middleton; Univer- Maetzold, Diane Nielson; son, Tanya DeWing, Ms. Gunvolson, Mrs. sity of Wisconsin—W.L. Bretnzel, David Lee, Mr. Luke, Pam Norton, Darby Furniss; Upsala Secondary School—Roxanne Webb Middle School—Christopher Paulson; Whitehill, Sunny Hollow Elementary—Ms. Lewis; Urban League Saint Academy—Liam Webster Elementary—Amy McGuire; Web- Branch, Doug Hubred, Andrew Hunter, Ms. Baucom-Orlofsky; ster Open Elementary—Kathy Beaman, Beth Sigurdson, Julie Pitkin, Mr. Strand; Sunny- Vadnais Heights Elementary—Deb Girard, Nilson, Martha Spriggs; Welcome Elemen- side Elementary—Mrs. Follet, Kevin Holm, Ellie van Guilder; Valentine Hills Elemen- tary—Mary Ann DeBus; Willow Lane Ele- Joseph Law, Sandy Lehman, Greg Ulrich; tary—Cindy Mortenson, Leland Porath; Val- mentary School—Tracy Gripentrog, Marilyn Sunset Hill Elementary—Cathi Critzer, Jane ley Crossing Community School—Shannon House, Helen Lind, Susan Schnorr, Lisa Reynolds, David Wiegert, Cheryl Burdick; Casey, Elizabeth Dobbins, Jenelle Krech, Deb Slack, Bev Sonnenburg; Willow Creek Middle Talahi Elementary—Angela Mitchell, Mary Laub, Ms. Thompson; Valley Middle School— School (Rochester)—Robyn Floyd, Frances Pierce-Slocum; St. John’s Lutheran School Ross Alwin, Elaine Coglitore, Shaun Reisner; Willow Creek Intermediate Elemen- (Maple Grove)—Richard Wilkie; St. Joseph’s Lindquist, Mary Spychalla; Valley View tary (Owatonna)—Stacy Ginseky; Willmar School (West St. Paul)—Jane Schneeweis; Middle School—Christine Ingram, Besty High School—Linda Aune, Mark Miley, St. Raphael Catholic School (Crytal)—Ms. Navarro, Jon Moore, Florence Debard, Ms. George Peper; William Byrne Elementary— Wockenfuss; St. Stephen’s Catholic School Ebert, Greg Erbish, Jeffrey Grabow, Phil Debbie Bigelow, Nicole Happe; Wildwood Ele- (Anoka)—Mrs. Lakaner; Stanford Univer- Holm, Lindsey Jacobson, Jon Baudek, mentary—Nan Rohde, Paula Tansom, Mat- sity—Stanford, CA—Camille Picconatto; Kristen Morcomb, Ms. Nasset, Cathy Weller; thew Hoffman; Westwood Middle School— Staples High School (Westport, CT)—Joe Vandenberge Junior High School—Kassea Robert Gibson, Mr. Kretchmar, Marianne Ball; Staples-Motley High School—Mrs. Boche, Mrs. Kurmis, William Pollard; Ven- Paulos, Trent Snyder; Westside Elemen- Schwichtenberg; Step by Step Montessori tura High School—Arlys Arnold; Vista View tary—Jamie Follstad, Camille Donaldson, (Wayzata)—Olga Tregor; Stephen Senior Elementary—Mehan Murray; Wabasha-Kel- Paulette Schwen; Wenonah Elementary— High School—Gary Kotts; Stillwater Junior logg High School—Beth Jewson; Wadena- Gail Ketter, Ms. Langseth; White Bear Lake High—John Warnert, Mrs. Michaels; Deer Creek Elementary—John Keanen, Jean Central Middle School—Genni Steele; White Stonebridge Elementary—Mrs. Ivey, Mr. Rortvedt; Wagner Elementary—Bryce Bear Lake Preschool—Lori Castro; White- Kondrasuk, Ms. McKay, Ms. Studtman; Wendlandt; Waite Park Elementary—Ms. water High School—James Minette; Whittier Stowe Elementary—Robert Berg, Denise Ficocello, William Land, Ms. Maier, Ms. Park Elementary—Sue Ohman; White Bear Nord; Studio Academy (Rochester)—Mr. Penn, Sue Schweitzer, Ms. Thompson; Walk- Lake—Judy Lund; West Elementary—Janice Aakre; Sullivan Community Center—Susan er-Hackensack-Akeley Secondary School— Buening; Carrie Ekert; Mrs. Loita.

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2004 CONGRESSIONAL RECORD — SENATE S10835 ADDITIONAL STATEMENTS be proud and appreciative to have such A graduate of the public schools in an organization active and operating. I Greene County and Tuscaloosa, Dr. am especially proud to have them ac- Spencer also attended Stillman College COMMENDING THE LADIES AUXIL- tive in the State of Georgia and con- and Union Seminary. He became the IARY TO THE VETERANS OF gratulate them for their accomplish- pastor of Morning Star Baptist Church FOREIGN WARS ments and their service to our coun- in Holt, AL in 1946 and remained at the ∑ Mr. CHAMBLISS. Mr. President. I try.∑ church for 58 years. His leadership and would like to take this opportunity to f devotion to the church spurred tremen- commend the Ladies Auxiliary to the dous growth, including a new sanc- Veterans of Foreign Wars for their RECOGNIZING THE CHESTERFIELD tuary and increased congregation. great work on behalf of our military COUNTY EMS, POLICE AND FIRE He also preached at the following members and veterans, and specifically DEPARTMENTS churches: Antioch Baptist Church in those veterans and military personnel ∑ Mr. ALLEN. Mr. President, I am hon- Hulls, AL, Hopewell Baptist Church in in the State of Georgia. ored today to recognize the Emergency Lowndes County, Pleasant Green Bap- For many years, the Ladies Auxiliary Medical Services, EMS, Police and Fire tist Church in Whitehall, New Mount to the Veterans of Foreign Wars has Departments of Chesterfield County. It Moriah Baptist Church in Tyler, and been involved in supporting our brave is through their brave and steadfast ac- the Old Kingston Baptist Church in men and women in uniform and their tions during the floods of Tropical Prattville. Dr. Spencer also dedicated families. Throughout the country Storm Gaston that the lives of many much of his time and energy to the Na- many Ladies Auxiliary to the Veterans Virginians were saved. tional Baptist Convention, USA, Inc. of Foreign Wars are providing support Throughout the evening and over- and the Alabama Baptist State Con- and well wishes at our Nation’s air- night hours on Monday, August 30, vention, particularly as Missionary for ports as soldiers, sailors, airmen, and 2004, the remnants of Tropical Storm the Northwest District since 1976 and marines leave and return from Afghan- Gaston entered the Central Virginia locally as Record Secretary of the New istan, Kuwait, and Iraq. Members of area. Although the weather forecasts Antioch Bethlehem District, NABD, the Ladies Auxiliary to the Veterans of called for 1–3 inches of rain, Chester- Association and instructor in both the Foreign Wars also help the families of field County residents found them- local and State Congress of Christian deployed troops meet such challenges selves under as much as 10 inches of Education. He was the oldest and long- as trying to fill the roles of absent par- rain in some areas that night. As a re- est serving pastor in the NABD Asso- ents, learning to stretch a reduced pay- sult, numerous roads began to flood ciation. Dr. Spencer’s influence played a vital check, and dealing with loneliness. and several swift-water rescues had to In the last year, the Ladies Auxiliary be made in the complete darkness. role in the completion of the NABD As- to the Veterans of Foreign Wars has These rescues tested the knowledge, sociation’s Religious Center and the provided many families and troops skills and abilities of the members of Science Building and Dinkins Hall at Selma University. He served as both with Operation Uplink cards, which Chesterfield Fire, Police and EMS; Vice Chairman and Chairman of the allow our troops to make long-distance their heroic actions under the extreme Board of Trustees for Selma University phone calls to loved ones during chal- pressures they faced that night saved and was instrumental in efforts to se- lenging times. Additionally, members many members of their community cure the school’s accreditation. Hon- of the Ladies Auxiliary to the Veterans from life-threatening conditions. orary Doctorate Degrees from Selma of Foreign Wars have personally helped Today, I commend: David A. Stone, University, Birmingham Baptist Bible deployed service members’ families by James B. Anderson, Richard A. College and Easonian Theological Sem- babysitting, providing transportation, Holmes, Daniel Juan Robertson, Jim inary are among his numerous awards helping with weekly tasks like mowing Fitch, Stuart Smith, Curtis Sink, and citations for his contributions to the lawn and grocery shopping, but Steve Stump, Mike Larkin, William Baptist work. most of all by being good listeners. Smith, Steve Traylor, Chris Harrell, Dr. Spencer married Lillian Brown The Ladies Auxiliary to the Veterans Bill Jeffords, Mark Berry, Frank Johnson in 1946, and they were the par- of Foreign Wars also provides scholar- Blankenship, Brian Riffe, Jack Speed, ents of eight children. He later married ship funds for civically minded youth. Roger Warden, Bryce Ford, Brook Kay Frances Turner in 1980, who sur- Through various scholarship funds, the Keenum, Rick Bucher, Jim Stanley and vives him. He is also survived by his Ladies Auxiliary to the Veterans of the many other rescuers from Chester- children: Rev. John H. Spencer, Jr. and Foreign Wars awards $37,500 annually. field County who saved so many lives his wife Debra; Rev. Simeon D. Spencer Young people benefiting from these at their own peril on that fateful night. and wife Glynis; Dr. Marjorie Spencer awards have outstanding achievement I am pleased to recognize the selfless Campbell and husband Willie, Lillian in academics, volunteerism, and the actions of these tremendous men and M. Spencer; Jannis M. Glover and hus- creative arts, and these awards allow women, which demonstrate the incred- band Donald and Dr. Faye Spencer them to extend these achievements ible dedication, determination and Maor and husband Terver. He is also even further. courage they have in serving their survived by two step-sons: Dr. Otis S. The Ladies Auxiliary to the Veterans community. Virginia should be proud Johnson and Paul L. Johnson and wife of Foreign Wars also offers a unique of the brave work undertaken by the Angeline; twelve grandchildren, and program to its members. All members rescue workers in Chesterfield County. one great granddaughter. are eligible to receive a cancer grant, Their community is a better and safer Indeed, Dr. Spencer’s willingness to which is a lump sum gift given to a place because of the job they did that share his faith had a positive impact on member who has been diagnosed with night and each and every day.∑ everyone with whom he came in con- cancer. Two Cancer Research Fellow- f tact. He will be missed by his family, ships are also offered by the Ladies friends, and the many lives he touched Auxiliary to the Veterans of Foreign A TRIBUTE TO REV. DR. JOHN ∑ HERBERT SPENCER, SR. through his ministry. Wars. These grants are 1-year, $50,000 f postdoctoral fellowships, which are ∑ Mr. SHELBY. Mr. President, today I awarded each year to eligible sci- honor Rev. Dr. John Herbert Spencer, THE 40TH ANNIVERSARY OF THE entists. The auxiliary provides these Sr. who passed away on October 1, 2004 OAKLAND LIVINGSTON HUMAN fellowships so that researchers can de- at the age of 83. Dr. Spencer was a com- SERVICES AGENCY vote one year full-time to the chal- passionate man whose selflessness and ∑ Mr. LEVIN. Mr. President, I would lenge of cancer research. devotion to his faith, family and com- like to take a moment to celebrate the I hope my colleagues will join with munity will be remembered for genera- 40th anniversary of the Oakland Liv- me today in commending the ladies tions. ingston Human Services Agency. The auxiliary for their service and con- Dr. Spencer, a native of Greene Coun- mission of this agency is to help low- tribution on behalf of our military per- ty, AL, was born on December 7, 1920, income, elderly and disabled individ- sonnel and veterans. The Nation should to Manuel and Annie Eatman Spencer. uals become self-sufficient, and OLHSA

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10836 CONGRESSIONAL RECORD — SENATE October 8, 2004 has been extremely successful in this leader is Harry Green, who I appointed had the opportunity to get to know pursuit. With over 70 programs, OLHSA to be the Senate Postmaster in Janu- him during the last ten years of his has assisted over 30,000 low-income, el- ary 1997. life. Steen had a wonderful outlook on derly and disabled individuals living in I have known Harry Green all my life and believed strongly in freedom Oakland and Livingston counties be- life. and opportunity. Prior to the German come more self-reliant, thereby im- I rise today to wish Harry the very occupation of Denmark during World proving their quality of life. Over the best as he plans to retire yet again at War II he served in the Danish Navy. last forty years, the efforts of OLHSA the end of October and return to our After the occupation, when the Navy have improved the lives and livelihoods native State of Mississippi. was disbanded by the Germans, he of Michigan citizens across the two Harry began his career in 1961 with joined the Danish Resistance and was a counties. the United States Postal Service in part of the remarkably successful evac- Elderly citizens in Southeastern Pascagoula, MS. After only 10 years, he uation of Danish Jews to neutral Swe- Michigan can turn to OLHSA for a va- was promoted into a supervisory role den. He was ultimately captured by the riety of resources and services. Senior which led to his becoming the post- Gestapo in Copenhagen, sentenced to centers, located in Pontiac and Novi, master in Pascagoula. In 1985 he was be hanged, and transported to provide facilities for older adults to eat transferred to Lafayette, LA, where he Neuengamme Concentration Camp nutritious meals, attend exercise class- served as postmaster there until his re- near Hamburg. His sentence was not es and socialize. The Senior AIDES tirement in 1992. carried out as the paperwork never ar- program provides employment and After I became majority leader, I rived. Of 106,000 inmates at training opportunities for older adults, coaxed Harry out of retirement in 1997 Neuengamme only 55,000 survived. opening the door to career options that to become the postmaster of the United After 9 months in the camp, with the would otherwise be unavailable be- States Senate. Allied army approaching, the surviving cause of their age and/or inexperience. During his tenure with the Senate inmates were loaded onto a train to be Volunteers are dispatched to homes Post Office, he has been faced with two transported to another camp, but he around the community to assist elderly significant biological/chemical chal- and some friends jumped off the train individuals with household chores and lenges, anthrax in October 2001 and and escaped to freedom into the sur- yard work that they can no longer per- ricin in February 2004. Because of Har- rounding countryside. He spent the form themselves. ry’s experience and demeanor, both at- rest of the war hidden in various loca- The Oakland Livingston Human tacks on the Senate were met with tions in Denmark. As soon as he could Services Agency also provides support calm leadership and competent direc- do so after the war ended, Steen emi- and advocacy to low-income families tion and stability. grated to the United States and contin- and other struggling individuals. If a After the 2001 anthrax incident, ued his quest for freedom and oppor- family or an individual is in an emer- Harry led the Senate Post Office team tunity. gency situation, they can turn to in a collaborative effort with U.S. In New York State, he met a lovely OLHSA for immediate help. OLHSA Postal Service representatives to en- young woman, Mary Anne Bruun, who provides the necessary assistance to sure the delivery of mail in a safe and also had Danish ancestry, and married those in need through food banks, timely manner. He and his team have her. Together they became the parents emergency utility assistance and emer- received accolades for their perform- of seven children—Peter, Anne, Doug- gency housing. In addition, the Oak- ance and responsiveness in combating las, Barbara, Paul, Karin, and Mary. He land Livingston Human Services Agen- these threats to the Senate mail serv- called his children ‘‘the best thing in cy provides long-term aid to the sur- ice. his life’’ and he passed his zest for life rounding community. OLHSA’s Finan- Harry also has proven himself an out- onto them. Steen was fearless and cial Education Program offers informa- standing steward of appropriated funds. wanted to experience all that he could tional classes on money management, By utilizing existing resources and in the world. He told his children he tax law, insurance options and a vari- without compromising customer serv- wanted them to develop ‘‘wide hori- ety of other topics. It also provides ice, he has improved the quality of the zons;’’ he was willing to go anywhere, counseling on childcare, nutrition and Senate Post Office’s service, in normal do anything for the experience. Steen other problems that face the commu- times as well as during crises, while was the kind of guy who would take nity. Those who take advantage of still managing to spend about 58 per- the dotted line on the map over the these classes and counseling sessions cent less than other similar govern- freeway every time. He was successful acquire the knowledge and skills they ment agencies. in passing down that philosophy to need to make it on their own and over- I wish Harry well as he plans his re- those seven children who have lived all come their problems. OLHSA has tirement as postmaster of the Senate over the world and are passing onto the worked consistently to reduce the and leaves the Washington, DC area to next generation of Fischers that atti- causes and consequences of poverty in be closer to his family. Harry has a tude of ‘‘wide horizons.’’ Oakland and Livingston counties, and I lovely bride, Ilone, of 42 years, four During Steen’s last decade of life, he know I can speak for my constituents children and five grandchildren. His spent his time in Idaho where his com- when I say the people of Michigan sin- post-retirement plans are to return to mitment to freedom and his efforts cerely appreciate the good work they Pascagoula and its picturesque view of during World War II were recognized by have done. the Gulf of Mexico where he can enjoy Idaho Governor Dirk Kempthorne. The I know my Senate colleagues will full-time his hobbies of boating and Danish government considered him a join me in offering congratulations to watching SEC football and NASCAR hero and awarded him a war pension. the Oakland Livingston Human Serv- racing. His experiences were recorded for the ices Agency on its 40th anniversary. We We will all miss Harry’s excellent U.S. Holocaust Museum and stand as a recognize and thank the dedicated staff leadership, gentle nature and good testament to the efforts of so many and volunteers who have made the or- humor here in the U.S. Senate. Harry, like him throughout the world who are ganization successful over the years, I will see you, riding our bicycles on committed to freedom. and I wish them many more years of the beach.∑ Steen passed away in August of 2004 service to the community.∑ f at the age of 83, having lived a remark- f able, courageous life. He will be re- AN AMERICAN PATRIOT membered by so many who loved him THANK YOU, SENATE ∑ Mr. CRAPO. Mr. President, I rise as well as many who had found freedom POSTMASTER HARRY GREEN today to honor an American patriot through his efforts during World War ∑ Mr. LOTT. Mr. President, since Sep- who, although not American by birth, II. There is no higher compliment I can tember 11, 2001, outstanding members demonstrated the best ideals of our pay him that to call him a patriot who of our Senate family have stepped for- country. Steen Christian Fischer was found freedom during some of the dark- ward to deal with the many challenges born in 1920 in Copenhagen, Denmark; est times in our world’s history. He this institution has faced. One such he died in August in Boise, ID, and I will be missed, but never forgotten.∑

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2004 CONGRESSIONAL RECORD — SENATE S10837 AMERICAN PHARMACISTS MONTH TRIBUTE TO VALENTIN J. RIVA leagues know that his contributions ∑ Mr. JOHNSON. Mr. President, I ∑ Mrs. MURRAY. Mr. President, today will live on for a very long time to would like to take this opportunity to I pay tribute to the life of Valentin J. come.∑ acknowledge American pharmacists Riva—a friend and transportation in- f during American Pharmacists Month. dustry leader that was taken from us PRAISING THE WORK OF CAROLE Pharmacists play an important role in at far too young an age. Earlier this EDWARDS AND THE ONCOLOGY our health care system. Their contribu- month, I was shocked and saddened to NURSING SOCIETY tions to the care of our country’s citi- learn that Val Riva had passed away ∑ zens, especially our seniors, are key to suddenly as a result of complications Ms. MURKOWSKI. Mr. President, the health of Americans. from heart surgery. Val was only 50 today I pay tribute to Carole Edwards, Pharmacists are medication experts years old. I and many of my colleagues RN, BSN, of Juneau, AK. Carole is the within our Nation’s health care work- who work closely on transportation first recipient of the Oncology Nursing force. Each day, their efforts assist in policy will remember Val as a truly vi- Society, ONS, Excellence in Oncology improving the use and effectiveness of sionary leader and trusted colleague. Nursing Health Policy and Advocacy medications. Pharmacists are improv- Moreover, Val was an extraordinarily Award. ONS established the award this ing health care in community phar- dedicated father and husband. year to acknowledge the efforts of the macies, hospitals and health systems, Over the last two decades, Val has many oncology nurses who participate nursing homes, hospice, and in pa- held leadership positions in several as state health policy liaisons and tient’s own homes through home-infu- transportation organizations. Through- other members who are active in advo- sion therapies, as well as the uniformed out, Val has been an articulate advocacy efforts. services, the government, and in re- cate for investment in our Nation’s Cancer is a complex, multifaceted search and academic settings. transportation infrastructure. Val and chronic disease, and people with Pharmacists work towards making served as vice president of government cancer are best served by a multidisci- sure that consumers safely administer affairs for the National Stone, Sand plinary health care team specialized in their medications, and to provide them and Gravel Association from 1988 until oncology care, including nurses who with crucial information pertaining to 1991 and as vice president and general are certified in that specialty. This possible side effects or complications of counsel of the American Road and year alone, 1.3 million Americans will taking multiple medications. Phar- Transportation Builders Association hear the words, ‘‘You have cancer.’’ In macists assist in providing the most ef- from 1991 until 1997. addition, 556,000 will lose their battle fective combinations of prescription From August of 1997 until the time of with this terrible disease. Every day, drugs to those who take more than one his unfortunate death, Val Riva served oncology nurses see the pain and suf- prescription at a time. Pharmacists are as president and chief executive officer fering caused by cancer and understand a critical part of our health care sys- of the American Concrete Pavement the physical, emotional, and financial tem and should be recognized and com- Association. And in his most recent po- challenges that people with cancer face mended this month for their important sition, Val not only continued to be a throughout their diagnosis and treat- role. powerful voice in the fight for infra- ment. Oncology nurses play a central During the course of the debate on structure investment, but he also was a role in the provision of quality cancer the Medicare prescription drug bill, I strong proponent of making sure that care as they are principally involved in introduced a medication therapy man- adequate resources were being dedi- the administration and monitoring of agement, MTM assessment amend- cated to advancing pavement tech- chemotherapy and the associated side- ment, which I was pleased to see ac- nology and transportation research. We effects patients may experience. cepted in the Senate passed version of have often heard Members speak on The Oncology Nursing Society is the the Medicare bill. While the amend- this floor about the deteriorating con- largest organization of oncology health ment was not included in the version dition of our Nation’s roads and professionals in the world, with more sent to the President for his signature, bridges. Val Riva recognized that we than 31,000 registered nurses and other I was pleased to see an MTM program not only need to replace and rehabili- health care professionals nationwide. component incorporated. Establish- tate those crumbling roads and bridges Since 1975, the ONS has been dedicated ment of such a program would allow but we also need to conduct the nec- to excellence in patient care, teaching, pharmacists, in conjunction with phy- essary research to create new tech- research, administration and education sicians, to assist beneficiaries who nologies that will help prolong the life- in the field of oncology. To that end, have various chronic conditions man- span of our infrastructure. ONS honors and maintains an histor- age their medications. Pharmacists Val Riva was also respected by his ical and essential commitment to ad- will be able to help ensure that pa- peers in the transportation industry. vocacy for the public good by providing tients use medications appropriately, Best of all, Val had the rare gift of nurses and healthcare professionals enhance the patient understanding of being both thoughtful and funny. He with access to the highest quality edu- such medications and help reduce the was considered a trusted colleague and, cational programs, cancer-care re- risk of adverse reactions to drugs. Such more importantly, a loyal friend to sources, research opportunities and a program highlights the important those individuals that had the good for- networks for peer support. role that pharmacists play in helping tune to work with him. I consider my- On behalf of the people with cancer Medicare beneficiaries to reduce the self extraordinarily lucky to be one of and their families in my home State of costs of prescription drugs. those individuals. Alaska, I would like to acknowledge As prescription drug prices continue And while Val was very dedicated to Carole Edwards and thank her and ONS to climb, it is all too important that his work in the transportation indus- for their ongoing commitment to im- we continue to support efforts that will try, there was no job more important proving and assuring access to quality help to alleviate this burden. As noted, or rewarding to him than being a fa- cancer care for all cancer patients and pharmacists are a critical component ther to Clare, Michael and David. No their families. Through Carole’s and of our health care workforce and there- one ever had a meeting with Val with- ONS’s leadership, our Nation is chart- fore need to be provided with the tools out hearing about his children and ing a course that will help us win the that help them to best serve the public, hearing a historical reference. I express war on cancer. I urge my colleagues to as well as to continue to combat the my heartfelt condolences to his three support them in their important en- rising prices of prescription drugs. Dur- children and to his wife, Marti. Val’s deavors.∑ ing American Pharmacists Month, I passing is much more than just their f call on my fellow Senate colleagues to loss. It is a loss to the entire national join in a bipartisan effort to support transportation enterprise and the great MESSAGES FROM THE PRESIDENT our pharmacists by acknowledging and many of us that recognized his leader- Messages from the President of the commending their hard work and dedi- ship in it. While we will miss Val’s per- United States were communicated to cation towards improving the effective- sonable nature, his humor and his the Senate by Ms. Evans, one of his ness and overall cost of health care.∑ strength, I and many of my Senate col- secretaries.

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10838 CONGRESSIONAL RECORD — SENATE October 8, 2004 EXECUTIVE MESSAGES REFERRED tion 681(b) of the Foreign Relations Au- accompanying papers, reports, and doc- As in executive session the Presiding thorization Act, Fiscal Year 2003 (22 uments, and were referred as indicated: Officer laid before the Senate messages U.S.C. 2651 note), the order of the EC–9613. A communication from the Ad- from the President of the United House of December 8, 2003, and upon ministrator, Poultry Programs, Department of Agriculture, transmitting, pursuant to States submitting sundry nominations the recommendation of the Minority Leader, the Speaker appoints the fol- law, the report of a rule entitled ‘‘Regula- which were referred to the appropriate tions Governing Inspection of Eggs’’ committees. lowing member on the part of the (RIN0581-AB74) received on October 7, 2004; to (The nominations received today are House of Representatives to the Com- the Committee on Agriculture, Nutrition, printed at the end of the Senate pro- mission on International Religious and Forestry. ceedings.) Freedom for a 2-year term ending May EC–9614. A communication from the Ad- 14, 2006, to fill the existing vacancy ministrator, Agricultural Marketing Serv- f thereon: Ms. Elizabeth Prodomou of ice, Department of Agriculture, transmit- MESSAGES FROM THE HOUSE Boston, Massachusetts, to succeed Ms. ting, pursuant to law, the report of a rule entitled ‘‘Winter Pears in Oregon and Wash- At 12:51 p.m., a message from the Patricia W. Chang of San Francisco, ington; Decrease of a Continuing Supple- House of Representatives, delivered by California. mental Assessment Rate for the Beurre Mr. Hays, one of its reading clerks, an- f d’Anjou Variety of Pears Grown in Oregon nounced that the House disagrees to and Washington’’ (FV04-927-2) received on the Senate amendment to the act (H.R. ENROLLED BILLS SIGNED October 7, 2004; to the Committee on Agri- 4837) making appropriations for mili- At 6:48 p.m., a message from the culture, Nutrition, and Forestry. tary construction, family housing, and EC–9615. A communication from the Ad- House of Representatives, delivered by ministrator, Agricultural Marketing Serv- base realignment and closure for the Mr. Hays, one of its reading clerks, an- ice, Department of Agriculture, transmit- Department of Defense for the fiscal nounced that the Speaker has signed ting, pursuant to law, the report of a rule en- year ending September 30, 2005, and for the following enrolled bills: titled ‘‘Dried Prunes Produced in California; other purposes, and agree to the con- S. 33. An act to authorize the Secretary of Increased Assessment Rate’’ (FV04-993-2) reference asked by the Senate on the dis- Agriculture to sell or exchange all or part of ceived on October 7, 2004; to the Committee agreeing votes of the two Houses there- certain administrative sites and other land on Agriculture, Nutrition, and Forestry. on and appoints the following members in the Ozark-St. Francis and Ouachita Na- EC–9616. A communication from the Ad- tional Forests and to use funds derived from ministrator, Agricultural Marketing Serv- as the managers of the conference on ice, Department of Agriculture, transmit- the part of the House: Mr. KNOLLEN- the sale or exchange to acquire, construct, or improve administrative sites. ting, pursuant to law, the report of a rule en- BERG, Mr. WALSH, Mr. ADERHOLT, Mr. S. 2415. An act to designate the facility of titled ‘‘Mandatory Country of Origin Label- GRANGER, Mr. GOODE, Mr. VITTER, Mr. the United States Postal Service located at ing of Fish; Interim Final Rule’’ (RIN0581- KINGSTON, Mr. CRENSHAW, Mr. YOUNG of 4141 Postmark Drive, Anchorage, Alaska, as AC26) received on October 7, 2004; to the Florida, Mr. EDWARDS, Mr. FARR of the ‘Robert J. Opinsky Post Office Building’. Committee on Agriculture, Nutrition, and California, Mr. BOYD, Mr. BISHOP, Mr. S. 2742. An act to extend certain authority Forestry. EC–9617. A communication from the Ad- of the Supreme Court Police, modify the DICKS and Mr. OBEY. ministrator, Agricultural Marketing Serv- venue of prosecutions relating to the Su- The message also announced that the ice, Department of Agriculture, transmit- preme Court building and grounds, and au- House passed the bill (S. 211) to estab- ting, pursuant to law, the report of a rule en- thorize the acceptance of gifts to the United lish the Northern Rio Grande National titled ‘‘Mango Promotion, Research, and In- States Supreme Court. formation Order’’ (RIN0581-AC05) received on Heritage Area in the State of New Mex- H.R. 854. An act to provide for the pro- October 7, 2004; to the Committee on Agri- ico, and for other purposes, with an motion of democracy, human rights, and rule culture, Nutrition, and Forestry. amendment. of law in the Republic of Belarus and for the The message further announced that EC–9618. A communication from the Con- consolidation and strengthening of Belarus gressional Review Coordinator, Animal and the House has passed the bill (S. 1134) sovereignty and independence. Plant Health Inspection Service, transmit- to reauthorize and improve the pro- H.R. 2828. An act to authorize the Sec- ting, pursuant to law, the report of a rule en- grams authorized by the Public Works retary of the Interior to implement water titled ‘‘Gypsy Moth Generally Infested and Economic Development Act of 1965, supply technology and infrastructure pro- Areas’’ (Doc. No. 04-025-2) received on Octo- grams aimed at increasing and diversifying without amendment. ber 5, 2004; to the Committee on Agriculture, domestic water resources. Nutrition, and Forestry. The message also announced that the H.R. 5122. An act to amend the Congres- House has passed the following bills, in EC–9619. A communication from the Sec- sional Accountability Act of 1995 to permit retary of Agriculture, transmitting, a draft which it requests the concurrence of members of the Board of Directors of the Of- of proposed legislation to amend the Live- the Senate: fice of Compliance to serve for 2 terms. stock Mandatory Reporting Act of 1999; to H.R. 4470. An act to amend the Federal The enrolled bills were signed subse- the Committee on Agriculture, Nutrition, Water Pollution Control Act to extend the quently by the President pro tempore and Forestry. authorization of appropriations for the Lake (Mr. STEVENS). EC–9620. A communication from the Prin- Pontchartrain Basin Restoration Program cipal Deputy, Office of the Under Secretary from fiscal year 2005 to 2010. f of Defense for Personnel and Readiness, De- H.R. 4661. An act to amend title 18, United partment of Defense, transmitting, pursuant States Code, to discourage spyware, and for MEASURES PLACED ON THE to law, a report of the authorization to wear other purposes. CALENDAR the insignia of lieutenant general; to the H.R. 5061. An act to provide assistance for The following bill was read the sec- Committee on Armed Services. the current crisis in the Darfur region of ond time, and placed on the calendar. EC–9621. A communication from the Prin- Sudan and to facilitate a comprehensive cipal Deputy, Office of the Under Secretary peace in Sudan. S. 2938. A bill to grant a Federal charter to of Defense for Personnel and Readiness, De- H.R. 5213. An act to expand research infor- the National American Indian Veterans In- partment of Defense, transmitting, pursuant mation regarding multidisciplinary research corporated. to law, a report of the authorization to wear projects and epidemiological studies. f the insignia of lieutenant general; to the The message further announced that, Committee on Armed Services. MEASURES READ THE FIRST TIME EC–9622. A communication from the Prin- the House agreed to the resolution (H. cipal Deputy, Office of the Under Secretary Res. 842) requesting that the Senate re- The following bill was read the first of Defense for Personnel and Readiness, De- turn to the House of Representatives time: partment of Defense, transmitting, pursuant the bill of the Senate (S. 1301) to amend S. 2949. A bill to amend the Low-Income to law, a report of the authorization to wear title 18, United States Code, to prohibit Home Energy Assistance Act of 1981 to reau- the insignia of lieutenant general; to the video voyeurism in the special mari- thorize the Act, and for other purposes. Committee on Armed Services. EC–9623. A communication from the Prin- time and territorial jurisdiction of the f United States, and for other purposes. cipal Deputy, Office of the Under Secretary of Defense for Personnel and Readiness, De- The message also announced that, EXECUTIVE AND OTHER COMMUNICATIONS partment of Defense, transmitting, pursuant pursuant to section 201(b) of the Inter- to law, a report of the authorization to wear national Religious Freedom Act of 1998 The following communications were the insignia of lieutenant general; to the (22 U.S.C. 6431 note), amended by sec- laid before the Senate, together with Committee on Armed Services.

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2004 CONGRESSIONAL RECORD — SENATE S10839 EC–9624. A communication from the Prin- vice admiral; to the Committee on Armed ers, MD (CGD05-04-135)’’ (RIN1625-AA00) re- cipal Deputy, Office of the Under Secretary Services. ceived on October 6, 2004; to the Committee of Defense for Personnel and Readiness, De- EC–9637. A communication from the Prin- on Commerce, Science, and Transportation. partment of Defense, transmitting, pursuant cipal Deputy, Office of the Under Secretary EC–9647. A communication from the Chief, to law, a report of the authorization to wear of Defense for Personnel and Readiness, Regulations and Administrative Law, Coast the insignia of lieutenant general; to the transmitting, pursuant to law, a report of Guard, transmitting, pursuant to law, the re- Committee on Armed Services. the authorization to wear the insignia of port of a rule entitled ‘‘Security Zone; EC–9625. A communication from the Prin- vice admiral; to the Committee on Armed Suisun Bay, Concord California (COTP San cipal Deputy, Office of the Under Secretary Services. Francisco Bay 04-022)’’ (RIN1625-AA87) re- of Defense for Personnel and Readiness, De- EC–9638. A communication from the Dep- ceived on October 6, 2004; to the Committee partment of Defense, transmitting, pursuant uty Secretary, Division of Market Regula- on Commerce, Science, and Transportation. to law, a report of the authorization to wear tion, Securities and Exchange Commission, EC–9648. A communication from the Sec- the insignia of lieutenant general; to the transmitting, pursuant to law, the report of retary of Transportation , transmitting, pur- Committee on Armed Services. a rule entitled ‘‘Amendments to Rule 19b-4, suant to law, a report entitled ‘‘National EC–9626. A communication from the Prin- Filing With Respect to Proposed Rule Plan of Integrated Airport Systems (NPIAS) cipal Deputy, Office of the Under Secretary Changes by Self-Regulatory Organizations, 2005-2009’’; to the Committee on Commerce, of Defense for Personnel and Readiness, De- Form 19b-4, and Rule 11Aa3-2, Filing and Science, and Transportation. partment of Defense, transmitting, pursuant Amendment of National Market System EC–9649. A communication from the Sec- to law, a report of the authorization to wear Plans, Under the Securities Exchange Act of retary of the Interior, transmitting, pursu- the insignia of lieutenant general; to the 1934, and Regulation S-T, Mandated Elec- ant to law, the report of a rule entitled Committee on Armed Services. tronic Submissions and Exceptions, under ‘‘Subsistence Management Regulations for EC–9627. A communication from the Prin- the Securities Act of 1933’’ (RIN3235-AJ20) re- Public Lands in Alaska’’ (RIN1018-AT58) re- cipal Deputy, Office of the Under Secretary ceived on October 5, 2004; to the Committee ceived on October 7, 2004; to the Committee of Defense for Personnel and Readiness, De- on Banking, Housing, and Urban Affairs. on Energy and Natural Resources. partment of Defense, transmitting, pursuant EC–9639. A communication from the Chair- EC–9650. A communication from the Chair- to law, a report of the authorization to wear man and President, Export-Import Bank of man, Nuclear Regulatory Commission, trans- the insignia of lieutenant general; to the the United States, transmitting, pursuant to mitting, pursuant to law, a report relative to Committee on Armed Services. law, the report of a transaction involving the Commission’s licensing and regulatory EC–9628. A communication from the Prin- U.S. exports to Singapore; to the Committee duties; to the Committee on Environment cipal Deputy, Office of the Under Secretary on Banking, Housing, and Urban Affairs. and Public Works. of Defense for Personnel and Readiness, De- EC–9640. A communication from the Chief, EC–9651. A communication from the Dep- partment of Defense, transmitting, pursuant Regulations and Administrative Law, Coast uty Associate Administrator, Environmental to law, a report of the authorization to wear Guard, transmitting, pursuant to law, the re- Protection Agency, transmitting, pursuant the insignia of lieutenant general; to the port of a rule entitled ‘‘Safety Zone (Includ- to law, the report of a rule entitled ‘‘Dela- Committee on Armed Services. ing 4 Regulations, COTP Jacksonville 04-112, ware: Final Authorization of State Haz- EC–9629. A communication from the Prin- COTP San Francisco Bay 04-025, COTP Jack- ardous Waste Management Program Revi- cipal Deputy, Office of the Under Secretary sonville 04-093, CGD05-04-191’’ (RIN1625-AA00) sions’’ (FRL#7825-5) received on October 7, of Defense for Personnel and Readiness, De- received on October 6, 2004; to the Committee 2004; to the Committee on Environment and partment of Defense, transmitting, pursuant on Commerce, Science, and Transportation. Public Works. to law, a report of the authorization to wear EC–9641. A communication from the Chief, EC–9652. A communication from the Dep- the insignia of rear admiral (lower half); to Regulations and Administrative Law, Coast uty Associate Administrator, Environmental the Committee on Armed Services. Guard, transmitting, pursuant to law, the re- Protection Agency, transmitting, pursuant EC–9630. A communication from the Prin- port of a rule entitled ‘‘Drawbridge Regula- to law, the report of a rule entitled ‘‘Florida: cipal Deputy, Office of the Under Secretary tions (Including 5 Regulations), CGD05-04- Final Authorization of State Hazardous of Defense for Personnel and Readiness, De- 166, CGD01-04-121, CGD01-04-116, CGD01-04- Waste Management Program Revision’’ partment of Defense, transmitting, pursuant 123’’ (RIN1625-AA09) received on October 6, (FRL#7825-8) received on October 7, 2004; to to law, a report of the authorization to wear 2004; to the Committee on Commerce, the Committee on Environment and Public the insignia of general; to the Committee on Science, and Transportation. Works. Armed Services. EC–9642. A communication from the Chief, EC–9653. A communication from the Dep- EC–9631. A communication from the Prin- Regulations and Administrative Law, Coast uty Associate Administrator, Environmental cipal Deputy, Office of the Under Secretary Guard, transmitting, pursuant to law, the re- Protection Agency, transmitting, pursuant of Defense for Personnel and Readiness, De- port of a rule entitled ‘‘Mandatory Ballast to law, the report of a rule entitled ‘‘Na- partment of Defense, transmitting, pursuant Water Management Program for U.S. Waters tional Emission Standards for Hazardous Air to law, a report of the authorization to wear USCG-2002-14273’’ (RIN1625-AA52) received on Pollutants for Coke Ovens: Pushing, Quench- the insignia of admiral; to the Committee on October 6, 2004; to the Committee on Com- ing, and Battery Stacks’’ (FRL#7826-2) re- Armed Services. merce, Science, and Transportation. ceived on October 7 , 2004; to the Committee EC–9632. A communication from the Prin- EC–9643. A communication from the Chief, on Environment and Public Works. cipal Deputy, Office of the Under Secretary Regulations and Administrative Law, Coast EC–9654. A communication from the Dep- of Defense for Personnel and Readiness, De- Guard, transmitting, pursuant to law, the re- uty Associate Administrator, Environmental partment of Defense, transmitting, pursuant port of a rule entitled ‘‘Security Zone: At- Protection Agency, transmitting, pursuant to law, a report of the authorization to wear lantic Ocean, Chesapeake and Delaware to law, the report of a rule entitled ‘‘Revised the insignia of general; to the Committee on Canal, Delaware Bay, Delaware River and its Allotment Formula for Interstate Monies Armed Services. tributaries (CGD05-04-047)’’ (RIN1625-AA87) Appropriated Under Section 106 of the Clean EC–9633. A communication from the Prin- received on October 6, 2004; to the Committee Water Act’’ (FRL#7825-2) received on October cipal Deputy, Office of the Under Secretary on Commerce, Science, and Transportation. 7, 2004; to the Committee on Environment of Defense for Personnel and Readiness, De- EC–9644. A communication from the Chief, and Public Works. partment of Defense, transmitting, pursuant Regulations and Administrative Law, Coast EC–9655. A communication from the Direc- to law, a report of the authorization to wear Guard, transmitting, pursuant to law, the re- tor of Finance and Administration, Delta Re- the insignia of rear admiral; to the Com- port of a rule entitled ‘‘Special Local Regu- gional Authority, transmitting, pursuant to mittee on Armed Services. lations (Including 5 Regulations), CGD05-04- law, the Authority’s Audited Financial EC–9634. A communication from the Prin- 160, CGD13-04-039, CGD05-04-182, CGD05-04-184, Statements for Fiscal Year 2003; to the Com- cipal Deputy, Office of the Under Secretary CGD05-04-190’’ (RIN1625-AA08) received on mittee on Environment and Public Works. of Defense for Personnel and Readiness, De- October 6, 2004; to the Committee on Com- EC–9656. A communication from the Dep- partment of Defense, transmitting, pursuant merce, Science, and Transportation. uty Assistant Secretary, Fish and Wildlife to law, a report of officers authorized to EC–9645. A communication from the Chief, Service, Department of the Interior, trans- wear the insignia of the next higher grade ; Regulations and Administrative Law, Coast mitting, pursuant to law, the report of a rule to the Committee on Armed Services. Guard, transmitting, pursuant to law, the re- entitled ‘‘Endangered and Threatened Wild- EC–9635. A communication from the Prin- port of a rule entitled ‘‘Shipping and Trans- life and Plants; Designation of Critical Habi- cipal Deputy, Office of the Under Secretary portation; Technical, Organizational and tat for the Klamath River and Columbia of Defense for Personnel and Readiness, De- Conforming Amendments (USCG-2004-18884)’’ River Populations of Bull Trout’’ (RIN1018- partment of Defense, transmitting, pursuant (RIN1625-ZA03) received on October 6, 2004; to AI52) received on October 7, 2004; to the Com- to law, a report of a retirement; to the Com- the Committee on Commerce, Science, and mittee on Environment and Public Works. mittee on Armed Services. Transportation. EC–9657. A communication from the Chief, EC–9636. A communication from the Prin- EC–9646. A communication from the Chief, Regulations Branch, Department of Home- cipal Deputy, Office of the Under Secretary Regulations and Administrative Law, Coast land Security, transmitting, pursuant to of Defense for Personnel and Readiness, Guard, transmitting, pursuant to law, the re- law, the report of a rule entitled ‘‘Merchan- transmitting, pursuant to law, a report of port of a rule entitled ‘‘Safety Zone; Upper dise Fees Eligible to be Claimed as Certain the authorization to wear the insignia of Chesapeake Bay, Patapsco and Severn Riv- Types of Drawback Based on Substitutions

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10840 CONGRESSIONAL RECORD — SENATE October 8, 2004 of Finished Petroleum Derivatives’’ bia, transmitting, pursuant to law, the re- the Central America Free Trade Agreement (RIB1505-AB44) received on October 5, 2004; to port of D.C. Act 15-528, ‘‘Fleeing Law En- and the inclusion of sugar in all United the Committee on Finance. forcement Prohibition Amendment Act of States free trade agreements; Be it further EC–9658. A communication from the Trade 2004’’; to the Committee on Governmental Resolved, That the Legislature of Louisiana Representative, Executive Office of the Affairs. urges the president to restrict all negotia- President, transmitting, pursuant to law, a EC–9670. A communication from the Coor- tions concerning sugar to the World Trade report relative to a free trade agreement dinator, Forms Committee, Federal Election Organization; Be it further with five countries of Central America and Commission, transmitting, pursuant to law, Resolved, That a copy of this Resolution be the Dominican Republic; to the Committee a report relative to FEC Form 13, Report of transmitted to the presiding officers of the on Finance. Donations Accepted for Inaugural Com- Senate and the House of Representatives of EC–9659. A communication from the Regu- mittee; to the Committee on Rules and Ad- the Congress of the United States of America lations Coordinator, Centers for Medicaid ministration. and to each member of the Louisiana con- and Medicare Services, Department of EC–9671. A communication from the Na- gressional delegation. Health and Human Services, transmitting, tional President, Women’s Army Corps Vet- pursuant to law, the report of a rule entitled erans’ Association, transmitting, pursuant ‘‘Medicare Program; Interest Calculations’’ POM–530. A resolution adopted by the to law, the Association’s annual audit; to the House of Representatives of the General As- (RIN0938-AL14) received on October 5, 2004; to Committee on Veterans’ Affairs. the Committee on Finance. sembly of the Commonwealth of Pennsyl- EC–9660. A communication from the Acting PETITIONS AND MEMORIALS vania relative to the Federal Temporary Ex- Chief, Publications and Regulations Branch, tended Unemployment Compensation Internal Revenue Service, transmitting, pur- The following petitions and memo- (TEUC) program; to the Committee on Fi- suant to law, the report of a rule entitled rials were laid before the Senate and nance. ‘‘United States Internal Revenue Service v. were referred or ordered to lie on the HOUSE RESOLUTION NO. 659 Donald Snyder 343 F3d 1171’’ (AOD2004-41) re- table as indicated: Whereas, over the past few years the na- ceived on October 7, 2004; to the Committee POM–529. A concurrent resolution adopted tional economy has struggled unsuccessfully on Finance. by the House of Representatives of the Legis- to rebound from the recession, and a strong EC–9661. A communication from the Acting lature of the State of Louisiana relative to and sustainable recovery remains elusive; Chief, Publications and Regulations Branch, the Central America Free Trade Agreement; and Internal Revenue Service, transmitting, pur- to the Committee on Finance. Whereas, twenty-two percent of the na- suant to law, the report of a rule entitled tion’s unemployed have been out of work for ‘‘Weighted Average Interest Rate Update No- HOUSE CONCURRENT RESOLUTION NO. 113 tice—Pension Funding Equity Act of 2004’’ Whereas, American sugar producers are more than six months; and (Notice 200) received on October 7, 2004; to among the most efficient in the world, with Whereas, in November 2003, long-term job- the Committee on Finance. two-thirds of the world’s sugar-producing lessness reached a 20-year high; and EC–9662. A communication from the Assist- countries producing at a higher cost than Whereas, the average duration for unem- ant Secretary for Legislative Affairs, De- the United States; and ployment in January increased to 19.8 weeks, partment of State, transmitting, pursuant to Whereas, Louisiana is one of the nation’s and for 16 consecutive months the long-term the Arms Export Control Act, transmitting, top sugar-producing states, with sugar cane unemployment rate has exceeded 20 weeks; pursuant to law, the report of the certifi- harvested on approximately four hundred and cation of a proposed manufacturing license fifty thousand acres spread across twenty- Whereas, in January 2004, the nation’s unfor the export of defense articles or defense four parishes; and employment rate remained at 5.6% and the services in the amount of $100,000,000 or more Whereas, the sugar industry has an esti- Pennsylvania unemployment rate was 5.3%; to Germany; to the Committee on Foreign mated two billion dollar economic impact on and Relations. Louisiana with approximately seven hundred Whereas, the President and Congress origi- EC–9663. A communication from the Assist- fifty million dollars in annual sales; and nally approved TEUC compensation to pro- ant Secretary for Legislative Affairs, De- Whereas, thirty-two thousand Louisianians vide assistance to unemployed workers who partment of State, transmitting, pursuant to directly depend on sugar for their livelihood; were unable to find jobs before exhausting the Arms Export Control Act, transmitting, and their regular benefits and to stimulate the pursuant to law, the report of the certifi- Whereas, American sugar producers cur- economy by injecting dollars directly into cation of a proposed manufacturing license rently work under a World Trade Organiza- local communities; and for the export of defense articles or defense tion tariff rate quota system that prohibits Whereas, according to the United States services in the amount of $100,000,000 or more other countries from flooding the United Department of Labor’s Bureau of Labor Sta- to a Sea Launch Platform in International States market with unfairly traded raw tistics, between January of 2001 and Decem- Waters, or French Guiana, or Kazhakstan; to sugar; and ber of 2003, the loss of private sector jobs the Committee on Foreign Relations. Whereas, flooding the market with un- stood at 2.9 million nationally and totaled EC–9664. A communication from the Chair- fairly traded sugar will depress the United 220,000 in the Commonwealth of Pennsyl- person, District of Columbia Commission on States price, cause sugar loan forfeitures, vania; and Judicial Disabilities and Tenure, transmit- significantly increase government costs, put Whereas, across the nation more than 1 ting, pursuant to law, the Commission’s an- sugar producers, mills, and refineries out of million unemployed workers are expected to nual report; to the Committee on Govern- business, and hurt communities that depend exhaust their regular benefits in the first mental Affairs. quarter of 2004; and EC–9665. A communication from the Chair- on these sugar industries; and Whereas, in January, 17,050 Pennsylvanians man of the Council of the District of Colum- Whereas, the sugar provisions in the Cen- reached the end of their eligibility for unem- bia, transmitting, pursuant to law, the re- tral America Free Trade Agreement allow ployment benefits but still could not find port of D.C. Act 15-529, ‘‘Alcoholic Beverage Central American countries to increase the jobs; and Penalty Act of 2004’’; to the Committee on current quota of sugar they can ship into the Whereas, job growth in the Commonwealth Governmental Affairs. United States by seventy-five percent next EC–9666. A communication from the Chair- year with an additional two percent increase of Pennsylvania has trailed working-age pop- man of the Council of the District of Colum- per year for the next fifteen years; and ulation growth by three percentage points bia, transmitting, pursuant to law, the re- Whereas, large increases in sugar imports since the recession began and the prospects port of D.C. Act 15-530, ‘‘Gallery Place will likely drive the domestic raw sugar for employment of long-term unemployed in- Project Graphics Temporary Amendment price down below break-even levels for a dividuals remain bleak; and Act of 2004’’; to the Committee on Govern- large percentage of Louisiana sugar cane Whereas, employers in the Commonwealth mental Affairs. producers; and of Pennsylvania will benefit from increased EC–9667. A communication from the Chair- Whereas, opening up the domestic market consumer demand pumped into the Common- man of the Council of the District of Colum- to high levels of imports could destroy the wealth economy by unemployed workers if bia, transmitting, pursuant to law, the re- domestic industry in Louisiana, which is a TEUC benefits are extended: Therefore, be it port of D.C. Act 15-532, ‘‘Juvenile Justice vital economic engine for jobs and families; Resolved, That the House of Representa- Temporary Act of 2004’’; to the Committee and tives of the Commonwealth of Pennsylvania on Governmental Affairs. Whereas, the world sugar market is grossly memorialize the President and Congress of EC–9668. A communication from the Chair- distorted by government intervention, re- the United States to extend and make retro- man of the Council of the District of Colum- sulting in the dumping of surpluses onto the active the Federal TEUC program; and be it bia, transmitting, pursuant to law, the re- severely depressed world market; and further port of D.C. Act 15-531, ‘‘Unemployment Whereas, bilateral and regional free trade Resolved, That copies of this resolution be Compensation Pension Offset Reduction agreements hurt the nations that unilater- transmitted to the President of the United Temporary Amendment Act of 2004’’; to the ally disarm themselves by opening their States, George W. Bush, and to the presiding Committee on Governmental Affairs. markets: Therefore, be it officers of each house of Congress and to EC–9669. A communication from the Chair- Resolved, That the Legislature of Louisiana each member of Congress from Pennsyl- man of the Council of the District of Colum- does hereby memorialize congress to oppose vania.

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POM–531. A resolution adopted by the Gen- HOUSE RESOLUTION NO. 86 abide by the International Covenant on Civil eral Assembly of the State of New Jersey rel- Whereas, Falun Gong, also know as Falun and Political Rights and the Universal Dec- ative to Social Security disability and work- Dafa, is a peaceful and nonviolent form of laration of Human Rights by allowing Falun ers’ compensation benefits; to the Com- personal belief and practice with millions of Gong practitioners to pursue their personal mittee on Finance. adherents in the People’s Republic of China beliefs; and be it further ASSEMBLY RESOLUTION NO. 73 and elsewhere; and Resolved, that copies of this resolution be transmitted to the presiding officers of each Whereas, the Social Security Act currently Whereas, the spiritual and meditative house of the United States Congress, to each limits the total sum that a permanently, to- practice of Falun Gong is based on truthful- member of Delaware’s Congressional Delega- tally disabled worker may receive in federal ness, compassion and tolerance, which was tion, and to The Honorable Colin L. Powell, Social Security disability benefits and state taught in private for thousands of years be- United States Secretary of State. workers’ compensation benefits combined to fore Mr. Li Hongzhi introduced the practice to the general public in China in 1992; and 80% of the worker’s pre-injury income; and POM–533. A resolution adopted by the Gen- Whereas, that act, because of amendments Whereas, Falun Gong is practiced freely in more than 50 countries by tens of millions of eral Assembly of the State of New Jersey rel- made in 1981 to 42 U.S.C. 424a (a), limits the ative to the Mary Ann Collura Post Office sum of Social Security disability and work- people; and Whereas, since July 1999, the government Building; to the Committee on Govern- ers’ compensation benefits by requiring that mental Affairs. if the sum of Social Security disability bene- of the People’s Republic of China has forbid- fits and workers’ compensation exceeds that den Falun Gong practitioners to practice ASSEMBLY RESOLUTION NO. 167 80% cap, the Social Security benefits must their beliefs, and has systematically at- Whereas, Mary Ann Collura became Fair be reduced by the excess amount; and tempted to eradicate the practice and those Lawn’s first female police officer in 1985; and Whereas, the stated purpose of those 1981 who follow it; and Whereas, eighteen years later, on the night amendments was to prevent disabled workers Whereas, this policy violates the Constitu- of April 17, 2003, Collura became the Fair form collecting the full amount of both So- tion of the People’s Republic of China as well Lawn Police Department’s first officer killed cial Security disability benefits and workers’ as the International Covenant on Civil and in the line of duty; and compensation, which in some cases had re- Political Rights and the Universal Declara- Whereas, Collura was shot twice on the sulted in the workers receiving benefits of tion of Human Rights; and lawn of a Fair Lawn church, where she had substantially greater value than the value of Whereas, According to the Falun Dafa In- raced to assist a Clifton, New Jersey police their previous wages; and formation Center, hundreds of thousands of officer who was trying to arrest three men Whereas, rather than just preventing the people have been arrested, detained, impris- following a car chase; and combined total of Social Security and work- oned, sent to labor camps, treated with cru- Whereas, a multi-state manhunt ensued for ers’ compensation benefits for the disabled elty, tortured, persecuted and in many cases the main suspect, who fled to Florida, where from exceeding the value of previous wages, killed by authorities in China in connection he was later found and killed in a shootout the amendments, because they do not adjust with their practice of Falun Gong; and with police; and Whereas, Collura was a popular street cop the 80% cap for inflation, have instead had Whereas, also according to the Falun Dafa known for her sense of humor, her many the effect, over time, of steadily reducing Information Center, women in particular commendations, her love of motorcycles and the real value of the combined Social Secu- have been the target of numerous forms of her devotion to the protection and care of rity and workers’ compensation benefits to sexual violence, including rape, sexual assault, and forced abortion; and her neighbors; and those injured workers; and Whereas, in 1999, Collura instituted a pro- Whereas, with sustained, substantial infla- Whereas, the brutal oppression of peaceful gram to distribute glow sticks to children on tion causing the Consumer Price Index to in- practitioners of Falun Gong is a blatant vio- Halloween so the children would be clearly crease more than 30% during the last 10 lation of human rights; and visible to motorists; and Whereas, according to a December 1, 2002 years and more than 100% in the last 20 Whereas, as a trailblazer for female law en- article in the Philadelphia Inquirer Maga- years, the failure to adjust the 80% cap often forcement officers in Bergen County, Collura zine, Jingfang Yang, who is the sister of has a devastating impact on the real value of was always available to hear the concerns Thomas Jefferson University Hospital psy- the benefits on which many disabled workers and issues facing other female officers and chiatrist Michael J. Yang, has been impris- depend; and she routinely obtained the names and num- oned since October 30, 2002; and Whereas, the fact that the Social Security bers of new female officers from the county, Whereas, several permanent United States Act provides for the annual adjustment of welcomed them to their department, and of- residents and citizens have been affected by Social Security benefits, including disability fered advice and an open ear to them; and benefits, for changes in the Consumer Price this oppression and have been subjected to Whereas, Collura was courageous, kind, Index, suggests that an historic goal of the arbitrary detention, imprisoned, and tor- concerned about the world and people around act is to prevent inflation from eroding the tured in the People’s Republic of China; and her, very highly regarded by her fellow offi- value of benefits, a goal that is undermined, Whereas, Dr. Charles Li, a United States cers and beloved by the people of Fair Lawn; in the case of disabled workers who receive citizen, is among the detained practitioners and both Social Security disability and workers’ who have been isolated from their families Whereas, bills, cosponsored by all of the compensation benefits, by the failure of the and loved ones; and Members of the New Jersey Congressional 1981 amendments to provide for the adjust- Whereas, on July 24, 2002 the United States delegation, have been introduced in the ment of the 80% cap for changes in the Con- House of Representatives passed House Con- United States House and Senate to honor the sumer Price Index: Now, therefore, be it current Resolution 188 ‘‘Expressing the sense life of Mary Ann Collura by re-designating Resolved by the General Assembly of the State of Congress that the Government of the Peo- the United States Postal Service located at of New Jersey: ple’s Republic of China should cease its per- 14–24 Abbott Road in Fair Lawn, New Jersey, 1. This House urges Congress to amend the secution of Falun Gong practitioners’’; and and known as the Fair Lawn Main Post Of- Social Security Act to provide that the cal- Whereas, on March 3, 2004 the United fice, as the Mary Ann Collura Post Office culation of the 80% limit on total combined States House of Representatives passed Building: Now, therefore, be it Social Security and workers’ compensation House Resolution 530, as amended, which was Resolved by the General Assembly of the State benefits for permanently and totally dis- a general resolution ‘‘Urguing the appro- of New Jersey: abled workers under the act be based, not on priate representative of the United States to 1. The General Assembly of the State of the pre-injury earnings of the workers, but the 60th Session of the United Nations Com- New Jersey memorializes the Congress of the on those earnings adjusted for inflation mission on Human Rights to introduce a res- United States to enact legislation redesig- which occurs after the injuries occur. olution calling upon the Government of the nating the facility of the United States Post- 2. Duly authenticated copies of this resolu- People’s Republic of China to end its human al Service located at 14–24 Abbott Road in tion, signed by the Speaker of the General rights violations in China’’ and specifically Fair Lawn, New Jersey, as the Mary Ann Assembly and attested by the Clerk thereof, sought redress for the persecuted Falun Collura Post Office Building. shall be transmitted to the President and the Gong practitioners in China: Now, therefore, 2. Duly authenticated copies of this resolu- Vice President of the United States, the be it tion, signed by the Speaker of the General Speaker of the United States House of Rep- Resolved by the House of Representatives of Assembly and attested to by the Clerk there- resentatives, the Majority and Minority the State of Delaware, That it does hereby of, shall be presented to the President of the Leaders of the United States Senate and the recognize the plight of practitioners of Falun United States Senate, the Speaker of the United States House of Representatives, and Gong in China; and be it further United States House of Representatives and each member of Congress elected from this Resolved, that the United States Congress every Member of the Congress elected from State. is urged to take all appropriate actions and this State. to use all appropriate public and private fo- POM–532. A resolution adopted by the rums to urge the Government of the People’s PO–534. A joint resolution adopted by the House of Representatives of the General As- Republic of China to release Falun Gong General Assembly of the State of Colorado sembly of the State of Delaware relative to practitioners, to put an end to the practices relative to financial assistance for children Falun Gong practitioners in China; to the of torture and other cruel, inhumane, and de- of migrant workers; to the Committee on Committee on Foreign Relations. grading treatment against them, and to Health, Education, Labor, and Pensions.

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10842 CONGRESSIONAL RECORD — SENATE October 8, 2004

HOUSE JOINT RESOLUTION 04–1064 cidence of stroke is more than 10% higher in Whereas, after Christopher Kangas died, Whereas, changes in the United States men than in women; and the Borough of Brookhaven and the Com- economy in recent years have added new and Whereas, men are 50% more likely to die monwealth of Pennsylvania gave him full different types of jobs to those traditionally from cancer than women; and honors and recognition as a fallen firefighter performed by migrant workers in the agri- Whereas, the life expectancy gap between and the Commonwealth of Pennsylvania also cultural sector of the economy; and men and women has steadily increased from provided full benefits to his family under the Whereas, many of these new fields have de- 1 year in 1920 to 5.5 years in 2000; and act of June 24, 1976 (P.L. 424, No. 101), re- veloped in the service industries associated Whereas, since women live longer and tend ferred to as the Emergency and Law Enforce- with growing economic activities such as to marry older men, seven out of ten baby ment Personnel Death Benefits Act, as a fall- tourism, gaming, and the needs of high tech- boom women will outlive their husbands, and en firefighter; and nology; and many of these women can expect to be wid- Whereas, the representative of the Presi- Whereas, In addition to the migrant work- ows for more than 15 years; and dent of the United States to the Fire Serv- ers that are so important to agriculture, mi- Whereas, older women are three times ice, United States Fire Administrator Dave grant workers in these other emerging areas more likely than older men to be living Paulison, sent a letter of condolence to the of our economy will be a vital part of the alone, nearly twice as likely to reside in a family recognizing Christopher Kangas as a growth and expansion of these industries; nursing home and more than twice as likely firefighter; and and to live in poverty; and Whereas, the Department of Justice which Whereas, the educational needs of the chil- Whereas, more than half of the elderly wid- administers section 1201 of the Omnibus dren of all migrant workers should continue ows now living in poverty were not poor be- Crime Control and Safe Streets Act of 1968 to be a major concern of the federal and fore their husbands died; and (Public Law 90–351, 42 U.S.C. § 3796) has ruled state governments; and Whereas, studies show that health-related for a second time that Christopher Kangas Whereas, children of all types of migrant disparities between men and women are due was not a public safety officer, despite the workers can suffer from performance prob- in part to lack of awareness, poor health fact that the Commonwealth of Pennsyl- lems in our public schools due to many fac- education and the low number of male-spe- vania and the Brookhaven Fire Department tors, including the effects of attending mul- cific health programs; and legally maintained him on their rolls; and tiple schools necessitated by the cyclical re- Whereas, men are half as likely as women Whereas, this ruling by the Department of location needs of their parents; and to visit a doctor for regular checkups or to Justice has denied his family the $267,000 Whereas, these performance problems can obtain preventative screening tests for seri- line-of-duty benefit and has denied Chris- be detrimental to the educational environ- ous diseases; and topher Kangas his rightful place at the Na- ment of our public schools if not addressed; Whereas, men’s health is a concern for em- tional Fallen Firefighters Memorial in Em- and ployers who lose productive employees and mitsburg, Maryland, along side his fellow Whereas, the educational needs of children who pay the cost of medical care; and fallen heroes; and of migrant workers affects many commu- Whereas, men’s health is a concern for Whereas, the Department of Justice ruling nities in Colorado; and Federal and State Government and society, not only ignored the facts but also the letter Whereas, the children of migrant workers which absorb the enormous costs of pre- and spirit of section 1201 of the Omnibus should be eligible for migrant student edu- mature death and disability, including the Crime Control and Safe Streets Act of 1968, cational assistance regardless of the indus- cost of caring for dependents; and which Congress enacted to provide benefits try in which the migrant parents work: Now, Whereas, every state has formed a commis- to any firefighter serving as an officially rec- therefore, be it sion to address women’s issues or has estab- ognized member of a legally organized fire Resolved by the House of Representatives of lished a women’s health program, but only department, regardless of age or type of ac- the Sixty-fourth General Assembly of the State seven states have a commission to address tivities: Therefore be it of Colorado, the Senate concurring herein: That men’s issues or a men’s health program; and Resolved, That the House of Representa- we, the members of the Sixty-fourth General Whereas, educating men, their families and tives of the Commonwealth of Pennsylvania Assembly, encourage the President of the health care providers about the importance urge the President and Congress of the United States and the United States Con- of early detection of male health problems United States to enact H.R. 4472 which gress to take action to ensure that federal can result in reducing mortality rates and amends the Omnibus Crime Control and Safe programs providing financial assistance for improving the health of America’s men and Streets Act of 1968 to expand the definition the educational needs of children of migrant the economy: Therefore be it of firefighter to include apprentices and workers include children of migrant workers Resolved, That the House of Representa- trainees, regardless of age or duty limita- in all sectors of our economy; be it further tives of the Commonwealth of Pennsylvania, tions, applicable to death or injuries which Resolved, That copies of this Joint Resolu- recognizing that Government health net- occurred on or after May 4, 2002; and be it tion be transmitted to the President and works can be utilized to promote men’s further Resolved, That a copy of this resolution be Vice President of the United States, the health and well-being, encourage the Con- presented to the family of Christopher Speaker of the United States House of Rep- gress to support passage of the Men’s Health Kangas in recognition of his dedication to resentatives, the Minority Leader of the Act to secure access and remove barriers to the Borough of Brookhaven and the Com- United States House of Representatives, the health care for men and their family mem- monwealth of Pennsylvania as a firefighter; Majority Leader of the United States Senate, bers and urge passage of state legislation addressing men’s health issues. and be it further the Minority Leader of the United States Resolved, That a copy of this resolution be Senate, and to each member of Colorado’s sent to the President of the United States, to POM–536. A resolution adopted by the Congressional delegation. the presiding officers of each House of Con- House of Representatives of the General As- gress and to each member of Congress from sembly of the Commonwealth of Pennsyl- POM–535. A resolution adopted by the Pennsylvania. House of Representatives of the General As- vania relative to the Omnibus Crime Control sembly of the Commonwealth of Pennsyl- and Safe Streets Act of 1968; to the Com- POM–537. A concurrent resolution adopted vania relative to the Men’s Health Act; to mittee on the Judiciary. by the House of Representatives of the Legis- the Committee on Health, Education, Labor, HOUSE RESOLUTION NO. 822 lature of the State of Louisiana relative to and Pensions. Whereas, on May 4, 2002, 14-year-old Chris- the Pledge of Allegiance; to the Committee HOUSE RESOLUTION NO. 744 topher Kangas was struck and killed by a car on the Judiciary. Whereas, male morbidity and mortality while riding his bicycle in response to a fire HOUSE CONCURRENT RESOLUTION NO. 96 from preventable causes is substantial, with in Brookhaven Borough, Delaware County, Whereas, one of the founding principles of significant and alarming disparities among Pennsylvania, one block from the firehouse; the United States of America was the free subpopulations of men based on race, eth- and exercise of religion and religious beliefs; and nicity and socioeconomic status; and Whereas, in the Commonwealth of Penn- Whereas, the First Amendment to the Con- Whereas, a silent health crisis is affecting sylvania an individual may be a recognized stitution of the United States declares that the health and well-being of American men; firefighter in a local fire department with congress shall make no law establishing a re- and certain limitations on the kind of work that ligion or prohibiting the free exercise of reli- Whereas, this health crisis is of particular individual can perform at the scene of a fire gion; and concern to men but is also a concern for and may be eligible for public safety officer Whereas, the Louisiana Constitution of women, especially those who have fathers, benefits; and 1974, Article I, Section 8, similarly prohibits husbands, sons and brothers; and Whereas, Christopher Kangas was a the enactment of law respecting an estab- Whereas, the National Center for Health trained, regular firefighter who knew what lishment of religion or prohibiting the free Statistics has shown that men have higher he could and what he could not do at the exercise of religion; and age-adjusted death rates than women for scene; and Whereas, in celebrating the four hundredth each of the top ten leading causes of death in Whereas, Christopher Kangas was recog- anniversary of Christopher Columbus’ dis- the United States; and nized by the Borough of Brookhaven and the covery of America on October 11, 1892, the Whereas, men are almost twice as likely as Commonwealth of Pennsylvania as a fire- Pledge of Allegiance was written to honor women to die from heart disease, and the in- fighter; and the United States and to salute the flag; and

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2004 CONGRESSIONAL RECORD — SENATE S10843 Whereas, the first words of the Pledge of United States is retained by the people who, Whereas, the mission and high calling of Allegiance were published in September of by their consent alone, do delegate such the Small Business Administration is to 1892, in the Boston-based youth magazine, power to tax explicitly to those duly elected champion the interests of the nation’s entre- The Youth’s Companion, and in less than one representatives in the legislative branch of preneurs for the benefit of all Americans; month, more than twelve million school government who they choose, such rep- and children were reciting the words of the resentatives being directly responsible and Whereas, President Bush’s proposed budget Pledge of Allegiance across the nation; and accountable to those who have elected them; for fiscal year 2005 would cut federal funding Whereas, in June of 1942, the Pledge of Al- and to the Small Business Administration by $79 legiance was officially sanctioned by the Whereas, the lawmakers of Alabama, Alas- million and eliminate federal support for United States Congress when it was included ka, Arizona, Colorado, Delaware, Illinois, critical loan programs; and in the United States Flag Code (Title 36), Kansas, Louisiana, Massachusetts, Michigan, Whereas, the proposed cuts would include after almost fifty years of daily recitals in Missouri, Nevada, New Hampshire, New the ‘‘7(a) loan program,’’ which provides af- schools; and York, North Dakota, Oklahoma, Pennsyl- fordable capital to small business start-ups Whereas, there have been four changes to vania, South Carolina, South Dakota, Ten- through public/private partnership and has the original Pledge of Allegiance, and the nessee, Texas, Utah, West Virginia, Wyo- directly provided over 2,000 small businesses final change occurred on June 14, 1954 (Flag ming, Mariana Islands and Guam have peti- in New Jersey with approximately $451 mil- Day), when the words ‘‘under God’’ were tioned the United States Congress to propose lion in loans; and added with the approval of President Dwight an amendment to the Constitution of the Whereas, the proposed cuts would also in- D. Eisenhower, who stated, ‘‘In his way we United States of America; and clude the Microloan program, which allows are reaffirming the transcendence of reli- Whereas, the amendment was previously entrepreneurs to secure loans of up to $35,000, gious faith in America’s heritage and future; introduced in Congress; and and provided 134 small businesses in New in this way we shall constantly strengthen Whereas, the amendment seeks to prevent Jersey with $2.6 million in loans: Now, there- those spiritual weapons which forever will be federal courts from levying or increasing fore be it our country’s most powerful resource in taxes without representation of the people Resolved by the General Assembly of the State peace and war’’; and against the peoples’ wishes: Now, therefore, of New Jersey: Whereas, this display of symbolic patriot- be it 1. This House urges the United States Con- ism contained in the words of the Pledge of Resolved by the House of Representatives of gress to restore funding for the Small Busi- Allegiance is more critical today than ever the State of Mississippi: ness Administration loan programs elimi- before in our nation’s history and should be (1) That the Congress of the United States nated under President Bush’s proposed budg- maintained; and prepare and submit to the several states an et for fiscal year 2005. Whereas, the Pledge of Allegiance, includ- amendment to the Constitution of the 2. A duly authenticated copy of this resolu- ing the phrase ‘‘one nation under God’’, re- United States to add a new article providing tion, signed by the Speaker of the General flects the historical fact that a belief in God as follows: ‘‘Neither the Supreme Court nor Assembly and attested by the Clerk thereof, permeated the founding and development of any inferior court of the United States shall shall be transmitted to the Speaker of the the United States of America: Therefore, be have the power to instruct or to order a state United States House of Representatives, the it or political subdivision thereof, or an official President of the United States Senate and to Resolved, That the Legislature of Louisiana of such a state or political subdivision, to all members of the New Jersey congressional does hereby memorialize the United States levy or increase taxes.’’ delegation. Supreme Court and the United States Con- (2) That this application constitutes a congress to take all necessary measures to pre- tinuing application in accordance with Arti- POM–540. A resolution adopted by the serve the phrase ‘‘one nation under God’’ in cle V of the Constitution of the United Board of Commissioners of Pitt County of the Pledge of Allegiance; be it further States. the State of North Carolina relative to a to- (3) That the House of Representatives of Resolved, That suitable copies of this Reso- bacco buyout; to the Committee on Agri- the State of Mississippi also proposes that lution be transmitted to the chief justice of culture, Nutrition, and Forestry. the Legislatures of each of the several states the United States Supreme Court, the speak- POM–541. A resolution adopted by the City comprising the United States that have not er of the United States House of Representa- Commission of the City of Lauderdale Lakes yet made a similar request, apply to the tives, the president of the United States Sen- of the State of Florida relative to the effects United States Congress requesting enact- ate, and each member of Louisiana’s con- of antifreeze chemistry; to the Committee on ment of an appropriate amendment to the gressional delegation. Environment and Public Works. United States Constitution, and apply to the POM–542. A resolution adopted by the United States Congress to propose such an POM–538. A resolution adopted by the Board of Commissioners of the City of Mill- amendment to the United States Constitu- House of Representatives of the Legislature ville of the State of New Jersey relative to tion; be it further of the State of Mississippi relative to judi- pollution; to the Committee on Energy and Resolved, That the Secretary of State of cial taxation; to the Committee on the Judi- Natural Resources. the State of Mississippi transmit copies of ciary. POM–543. A joint resolution adopted by the this resolution to the President and Vice Legislature of the State of California rel- HOUSE RESOLUTION NO. 51 President of the United States, the presiding ative to pharmaceutical advertising; to the Whereas, separation of powers is funda- officer in each house of the Legislature in Committee on Environment and Public mental to the United States Constitution each of the states in the Union, the Speaker Works. and the power of the federal government is of the United States House of Representa- strictly limited; and tives and to each member of the State of SENATE JOINT RESOLUTION NO. 24 Whereas, under the United States Con- Mississippi Congressional Delegation. Whereas, the United States is one of just a stitution, the states are to determine public few countries that allow pharmaceutical policy; and POM–539. A resolution adopted by the Gen- companies to advertise their prescription Whereas, it is the duty of the judiciary to eral Assembly of the State of New Jersey rel- drugs; and interpret the law, not to create law; and ative to small business loans; to the Com- Whereas, in 1997, the federal Food and Drug Whereas, our present federal government mittee on Small Business and Entrepreneur- Administration relaxed restrictions on the has deviated from the intent of our Founding ship. content of direct-to-consumer prescription Fathers and the United States Constitution ASSEMBLY RESOLUTION NO. 175 drug advertising, withdrawing the prior re- through inappropriate federal mandates; and Whereas, the nation’s economy is built on quirement for a summary of side-effect and Whereas, these mandates by the way of and draws its strength from the creativity adverse reaction information and replacing statute, rule or judicial decision have forced and entrepreneurship of its people, and it with a requirement for a statement about state governments to serve as the mere ad- Whereas, the nation’s 25 million small ‘‘major risks’’ but not ‘‘all risks’’; and ministrative arm of the federal government; businesses employ more than half of all pri- Whereas, the shorter ‘‘major risk’’ state- and vate sector employees, pay 44.5 percent of ment made television and radio advertise- Whereas, federal district courts, with the the total United States private payroll, and ments about prescription drugs more prac- acquiescence of the United States Supreme generate 60 to 80 percent of all net new jobs ticable; and Court, continue to order states to levy or in- annually; and Whereas, Pharmaceutical companies spent crease taxes to comply with federal man- Whereas, the men and women who own and $1.6 billion on direct-to-consumer television dates; and operate the nation’s small businesses make a advertising in 2000, up from $761 million in Whereas, these court actions violate the vital contribution to the nation’s prosperity 1996; and United States Constitution and the legisla- through their ongoing work to create new Whereas, while health care spending gen- tive process; and technologies, products, and services; and erally is expected to increase by an average Whereas, the time has come for the people Whereas, the Small Business Administra- of 7.9 percent per year between 1998 and 2010, of this great nation and their duly elected tion was officially established in 1953 and for exceeding the 5.2 percent annual growth of representatives in state government, to reaf- over 50 years has played a vital role in ensur- 1993 to 1998, total prescription drug expendi- firm in no uncertain terms that the author- ing that the door to the American dream is tures will increase by 15 percent per year as ity to tax under the Constitution of the truly open to all entrepreneurs; and early as 2004; and

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10844 CONGRESSIONAL RECORD — SENATE October 8, 2004 Whereas, numerous studies have linked the tional Historic Preservation Act (16 U.S.C. Whereas, the fiscal year 2003–2004 Pennsyl- increased direct-to-consumer advertising to Sec. 470 et seq.) and Section 4(f) of the fed- vania State budget relies upon $320 million the exponential growth in prescription drug eral Intermodal Surface Transportation Effi- in revenue generated through the provider expenditures; and ciency Act of 1991 (Public Law 102–240); and assessment to help fund the Common- Whereas, surveys suggest that 50 percent of Whereas, the State Office of Historic Pres- wealth’s Medicaid budget; and the public believes that direct-to-consumer ervation has the smallest support staff of Whereas, Pennsylvania’s nursing facilities advertisements of prescription drugs must be any office with a similar function in any are being paid rates that have not increased submitted to the government for prior ap- other state in the nation, but California has since April 2003 because of the impasse be- proval, 43 percent believe that only ‘‘com- the largest transportation program; and tween the Ccommonwealth and CMS regard- pletely safe’’ drugs may be advertised di- Whereas, the federal Transportation Eq- ing approval of the nursing home assessment rectly to consumers, 22 percent believe that uity Act for the 21st Century (Public Law submission; and advertising of drugs with serious side effect 105–178), also known as TEA–21, provided Whereas, the delay is causing severe finan- has been banned, and 21 percent believe that funding for additional staff for the State Of- cial difficulties for providers struggling to only ‘‘extremely effective’’ drugs may be ad- fice of Historic Preservation; and make available necessary services for Penn- vertised directly to consumers, and yet, all Whereas, review delays at the State Office sylvania’s most vulnerable senior citizens; of these beliefs are untrue; and of Historic Preservation continue to be iden- and Whereas, consumers are placing pressure tified as a bottleneck in moving transpor- Whereas, there are few acceptable alter- on their prescribers to prescribe these drugs, tation projects through the environmental natives available if CMS does not approve some cases, inappropriately; and review phase; and Pennsylvania’s September 2003 provider tax Whereas, in 1997, a study of family physi- Whereas, lack of involvement of federal resubmission; and cians revealed that 80 percent of them be- source agencies in the transportation plan- Whereas, irreparable harm to some of lieved that direct-to-consumer advertising ning process has been identified as a cause Pennsylvania’s most frail and vulnerable ‘‘was not a good idea’’; and for project delivery delays; Now, therefore, senior citizens could occur if this impasse re- Whereas, the federal Food and Drug Ad- be it mains unbroken; and ministration has begun review of the policy Resolved by the Senate and Assembly of the Whereas, it is the responsibility of the Fed- that unleashed an explosive growth of pre- State of California, jointly, That California eral and State Governments to develop long- scription drug advertising: Now, therefore, urges the President and Congress of the term solutions to the problems of controlling be it United States, the federal Secretary of escalating Medicaid budgets without calling Resolved, That the President and Congress Transportation, and the federal Department on nursing homes and nursing home resi- of the United States and the United States of Transportation to streamline the federal dents to fund Medicaid: Therefore, be it Department of Health and Human Services government review and permitting process Resolved, That the House Representatives are memorialized to recognize the problems by doing all of the following: of the Commonwealth of Pennsylvania urge (a) Ensuring adequate funding for the caused by direct-to-consumer advertising of CMS to approve the Commonwealth of Penn- State Office of Historic Preservation in Cali- prescription drugs by pharmaceutical com- sylvania’s application of September 2003, fornia. which would allow the Commonwealth to im- panies; and be it further (b) Accelerating project delivery by devel- Resolved, That the United States Food and plement its assessment on Medicaid-partici- oping a multiagency infrastructure team to Drug Administration is requested to aggres- pating nursing homes and provide the fund- be involved in the development of transpor- sively monitor and regulate direct-to-con- ing necessary to ensure quality care for tation projects from the early planning sumer advertising of prescription drugs by Pennsylvania’s vulnerable seniors; and be it phase and continuing through the environ- pharmaceutical companies, pending action further mental permitting and construction phases. by the President and the Congress of the Resolved, That the Governor urge Penn- The multiagency team should include one or United States to limit, ban, or place in- sylvania’s congressional delegation to work more representatives from each federal re- creased restrictions on that advertising; and with the Bush Administration and CMS to source agency with decisionmaking and per- be it further ensure approval of Pennsylvania’s applica- mit authority. Team members should com- Resolved, That the President and the Con- tion of September 2003; and be it further mit to involvement in the early planning, gress of the United States are memorialized Resolved, That a copy of this resolution be environmental document preparation, per- to limit or ban direct-to-consumer adver- transmitted to the Centers for Medicare and mit review and issuance, and construction tising of prescription drugs by pharma- Medicaid Services, 7500 Security Boulevard, phases of a project. Resource agency rep- ceutical companies, or, alternatively, to re- Baltimore, MD 21244–1850, and to each mem- resentatives should be retained with trans- quire that those advertisements do the fol- ber of Congress from Pennsylvania. portation funds, and team members should lowing: be jointly selected by transportation and re- POM–546. A concurrent resolution adopted (1) Remind consumers that prescribers and source agencies. Transportation projects de- by the House of Representatives of the Legis- pharmacists are the best sources of informa- veloped using the multiagency team ap- lature of the State of Louisiana relative to tion about appropriate medical treatment proach would be expected to be completed the Australian Free Trade Agreement; to the and drug therapy. within review deadlines outlined in the fed- Committee on Finance. (2) Explicitly state the success and failure eral Endangered Species Act of 1973 and rates of drugs and compare them with other HOUSE CONCURRENT RESOLUTION NO. 195 other relevant state and federal regulatory common products or no treatment. Whereas, the Louisiana dairy industry authorities; and be it further (3) Mention alternate treatments by name yields nearly five hundred ten million Resolved, That the Secretary of the Senate and class. pounds in total milk production with an eco- transmit copies of this resolution to the (4) Recommend that consumers ask their nomic impact of one hundred eighty-three President and Vice President of the United prescribers and pharmacists if a generic million dollars; and States, to the Speaker of the House of Rep- equivalent is available for their condition. Whereas, thousands of Louisianians depend resentatives, to each Senator and Represent- (5) Refer consumers to independent sources directly on the dairy industry for their live- ative from California in the Congress of the of drug information; and be it further lihood; and United States, and to the federal Secretary Resolved, That the Secretary of the Senate Whereas, there has been a fifty percent de- of Transportation. transmit copies of this resolution to the cline in the number of dairy farms, dairy cows, and total statewide milk production President of the United States, the Speaker POM–545. A resolution adopted by the of the House of Representatives, the Presi- during the past ten years; and House of Representatives of General Assem- Whereas, dairy industries in other states dent pro Tempore of the Senate, to each Sen- bly of the Commonwealth of Pennsylvania ator and Representative from California in have also suffered declines in production due relative to Centers for Medicaid and Medi- to the cost of milk production and lower fed- the Congress of the United States, to the care Services; to the Committee on Finance. Secretary of the United States Department eral minimum support prices; and HOUSE RESOLUTION NO. 753 of Health and Human Services, and the Di- Whereas, recently the Bush administration rector of the United States Food and Drug Whereas, House Bill No. 297, Printer’s No. and Australian trade representatives entered Administration. 2623 (2003), which authorized the Department into the Australian Free Trade Agreement of Public Welfare of the Commonwealth of (AUSFTA); and Whereas, although AUSFTA retains cur- POM–544. A resolution adopted by the Leg- Pennsylvania to impose an assessment on rent over-quota tariffs, it still opens the door islature of the State of California relative to nursing homes in exchange for an increase in to milk protein concentrates and casein im- federal environmental permit and review Medicaid payment rates; was signed into ports from Australia; and process streamlining; to the Committee on law, Act 2003–25, on September 30, 2003; and Whereas, the surge in milk protein con- Environment and Public Works. Whereas, the Centers for Medicare and Medicaid Services (CMS) has indicated that centrates and casein imports has created a SENATE JOINT RESOLUTION NO. 30 it will not approve Pennsylvania’s Sep- negative ripple effect economically for Lou- Whereas, the State Office of Historic Pres- tember 2003 provider tax submission; and isiana dairy producers who have suffered be- ervation has the responsibility for processing Whereas, current Federal regulations cause of reduced milk sales, lower prices, approvals for federally funded transportation clearly allow approval for the assessment as and a weakening of the dairy price support projects pursuant to Section 106 of the Na- submitted; and program; and

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2004 CONGRESSIONAL RECORD — SENATE S10845 Whereas, milk protein concentrate and ca- D. Perkins Vocational and Technical Edu- INTRODUCTION OF BILLS AND sein imports have ranged between eight hun- cation Act of 1998, and, without partisanship, JOINT RESOLUTIONS dred million and one billion pounds in the endorses the Carl D. Perkins Vocational and past six years, and the imported quantity of Technical Education Act of 1998; and be it The following bills and joint resolu- both continues to grow; and further tions were introduced, read the first Whereas, milk protein concentrates and Resolved, That the Secretary of the Senate and second times by unanimous con- casein imports are currently entering the transmit copies of this resolution to the sent, and referred as indicated: country with no duty and no quota; and President and Vice President of the United By Mrs. FEINSTEIN (for herself, Mr. Whereas, free trade agreements hurt the States, to the Speaker of the House of Rep- HAGEL, Mrs. BOXER, Mr. NELSON of nations that unilaterally disarm themselves resentatives, to the Majority Leader of the Nebraska, Mr. INOUYE, and Mr. by opening their markets: Therefore, be it Senate, and to each Senator and Representa- AKAKA): Resolved, That the Louisiana Legislature tive from California in the Congress of the S. 2943. A bill to convert certain temporary does hereby memorialize congress to oppose United States. judgeships to permanent judgeships, to cre- the Australian Free Trade Agreement ate an additional judgeship for the district of (AUFSTA) and other free trade agreements POM–549. A resolution adopted by the Soci- Nebraska, and for other purposes; to the which are harmful to American dairy pro- ety of Mayflower Descendants of the State of Committee on the Judiciary. ducers; be it further Rhode Island relative to its Resolution dated By Mr. WYDEN: Resolved, That a copy of this Resolution be January 10, 2001; to the Committee on Indian S. 2944. A bill to provide that no funds may transmitted to the presiding officers of the Affairs. be expended by the United States Trade Rep- Senate and the House of Representatives of POM–550. A resolution adopted by the resentative to negotiate data exclusivity the Congress of the United States of America State of Illinois relative to National Gym- provisions for certain pharmaceutical prod- and to each member of the Louisiana con- nastics Day in Illinois; to the Committee on ucts; to the Committee on Finance. gressional delegation. the Judiciary. By Mr. CORZINE (for himself and Mr. LAUTENBERG): POM–547. A resolution adopted by the Gen- S. 2945. A bill to permanently eliminate a f eral Court of the Commonwealth of Massa- procedure under which the Bureau of Alco- chusetts relative to the Postal Service; to hol, Tobacco, Firearms, and Explosives can the Committee on Governmental Affairs. REPORTS OF COMMITTEES waive prohibitions on the possession of fire- POM–548. A resolution adopted by the Leg- arms by convicted felons, drug offenders, and islature of the State of California relative to The following reports of committees other disqualified individuals; to the Com- vocational and technical education; to the were submitted: mittee on the Judiciary. Committee on Health, Education, Labor, and By Ms. COLLINS, from the Committee on By Mr. BAYH: Pensions. Governmental Affairs, without amendment: S. 2946. A bill to promote small business SENATE JOINT RESOLUTION NO. 31 S. 2628. A bill to amend chapter 23 of title growth, and for other purposes; to the Com- mittee on Finance. Whereas, the Carl D. Perkins Vocational 5, United States Code, to clarify the disclo- By Mr. AKAKA (for himself, Mr. BINGA- and Technical Education Act of 1998 (Section sures of information protected from prohib- MAN, and Mr. DURBIN): 2301 of Title 20 of the United States Code) ited personnel practices, require a statement in nondisclosure policies, forms, and agree- S. 2947. A bill to provide additional protec- has been a significant source of funding for tions for recipients of the earned income tax career and technical education programs in ments that such policies, forms, and agreements conform with certain disclosure pro- credit; to the Committee on Finance. California’s high schools, regional occupa- By Mr. LEAHY (for himself and Mr. tional centers and programs, adult edu- tections, provide certain authority for the JEFFORDS): cation, and community colleges; and Special Counsel, and for other purposes (Rept. No. 108–392). S. 2948. A bill to authorize the Secretary of Whereas, California’s career and technical Agriculture to sell or exchange certain Na- education programs educate approximately S. 2657. A bill to amend part III of title 5, United States Code, to provide for the estab- tional Forest System land in the State of three million high school and adult students Vermont; to the Committee on Agriculture, annually in state-of-the-art technology and lishment of programs under which supplemental dental and vision benefits are made Nutrition, and Forestry. advanced careers, preparing them to become By Mr. JEFFORDS (for himself, Ms. productive, contributing citizens in a rapidly available to Federal employees, retirees, and their dependents, to expand the contracting COLLINS, Mr. LEAHY, Mr. DODD, Mr. changing economy; and REED, Mr. BIDEN, Mr. KENNEDY, Mr. Whereas, career and technical education is authority of the Office of Personnel Manage- ment, and for other purposes (Rept. No. 108– BINGAMAN, Mr. LAUTENBERG, Mr. composed of rigorous, demanding SARBANES, Ms. SNOWE, Mr. SCHUMER, coursework that enhances student academic 393). By Mr. GREGG, from the Committee on Mr. KOHL , Mr. CHAFEE, Mr. AKAKA, achievement by applying core academic Mr. DORGAN, Ms. CANTWELL, and Mr. skills; and Health, Education, Labor, and Pensions, without amendment: DASCHLE): Whereas, eighty-five percent of students S. 2949. A bill to amend the Low-Income S. 2815. A bill to give a preference regard- who complete career and technical education Home Energy Assistance Act of 1981 to reau- ing States that require schools to allow stu- programs go on to receive high school diplo- thorize the Act, and for other purposes; read dents to self-administer medication to treat mas; and the first time. that student’s asthma or anaphylaxis, and Whereas, participation in these programs By Mr. CORZINE (for himself and Mr. for other purposes (Rept. No. 108–394). reduces dropout rates by approximately 35 LAUTENBERG): percent; and By Mr. GREGG, from the Committee on S. 2950. A bill to amend title XIX of the So- Whereas, the Carl D. Perkins Vocational Health, Education, Labor, and Pensions, cial Security Act to prohibit payments to and Technical Education Act of 1998 has sup- with an amendment in the nature of a sub- States under the medicaid program for redis- ported professional development for career stitute and an amendment to the title: pensing prescription drugs; to the Com- and technical educators; including, the inte- S. 1217. A bill to direct the Secretary of mittee on Finance. gration of State Board of Education adopted Health and Human Services to expand and By Mr. HATCH: academic standards into career and tech- intensify programs with respect to research S. 2951. A bill to direct the Secretary of the nical education courses, training in new and and related activities concerning elder falls Interior to convey certain land held in trust emerging technologies, and effective, re- (Rept. No. 108–395). for the Paiute Indian Tribe of Utah to the search-based instructional strategies; and By Mr. MCCAIN, from the Committee on City of Richfield, Utah, and for other pur- Whereas, the Carl D. Perkins Vocational Commerce, Science, and Transportation, poses; to the Committee on Indian Affairs. and Technical Education Act of 1998 has pro- without amendment: By Mr. MCCAIN (for himself and Mr. vided career development, support services, S. 2645. A bill to amend the Communica- HOLLINGS): and job training to hundreds of thousands of tions Act of 1934 to authorize appropriations S. 2952. A bill to amend title 49, United students who have faced significant barriers for the Corporation for Public Broadcasting, States Code, to provide the Department of to successfully transitioning from high and for other purposes (Rept. No. 108–396). Transportation a more focused research or- school to careers or higher education; and By Mr. CAMPBELL, from the Committee ganization, to improve pipeline and haz- Whereas, the Carl D. Perkins Vocational on Indian Affairs, with an amendment in the ardous materials transportation safety, and and Technical Education Act of 1998 has nature of a substitute and an amendment to for other purposes; to the Committee on greatly contributed to the development of the title: Commerce, Science, and Transportation. California’s workforce in high skill, high de- S. 1438. A bill to provide for equitable com- By Mrs. CLINTON (for herself, Mr. mand, and emerging career fields: Now, pensation of the Spokane Tribe of Indians of CHAFEE, and Mr. REID): therefore, be it the Spokane Reservation in settlement of S. 2953. A bill to amend the Public Health Resolved by the Senate and Assembly of the claims of the Tribe concerning the contribu- Service Act to establish a Coordinated Envi- State of California, jointly, That the California tion of the Tribe to the production of hydro- ronmental Health Network, and for other State Legislature urges the United States power by the Grand Coulee Dam, and for purposes; to the Committee on Health, Edu- Congress to continue and fully fund the Carl other purposes (Rept. No. 108–397). cation, Labor, and Pensions.

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10846 CONGRESSIONAL RECORD — SENATE October 8, 2004 By Mr. BENNETT (for himself and Mr. By Mr. CRAIG (for himself, Mr. vironmental Health Sciences to make HATCH): DASCHLE, and Mr. SCHUMER): grants for the development and oper- S. 2954. A bill to authorize the exchange of S. 2966. A bill to amend the Internal Rev- ation of research centers regarding en- certain land in Grand and Uintah Counties, enue Code of 1986 to provide for a nonrefund- vironmental factors that may be re- Utah, and for other purposes; to the Com- able tax credit against income tax for indi- mittee on Energy and Natural Resources. viduals who purchase a residential safe stor- lated to the etiology of breast cancer. By Mr. SMITH (for himself and Mr. age device for the safe storage of firearms; to S. 1304 CONRAD): the Committee on Finance. At the request of Ms. SNOWE, the S. 2955. A bill to amend the Internal Rev- By Ms. SNOWE (for herself and Mr. names of the Senator from New Jersey enue Code of 1986 to exclude from gross in- ROCKEFELLER): (Mr. CORZINE), the Senator from Mary- come of individual taxpayers discharges of S. 2967. A bill to provide for the implemen- land (Mr. SARBANES) and the Senator indebtedness attributable to certain forgiven tation of a Green Chemistry Research and residential mortgage obligations; to the Development Program, and for other pur- from Iowa (Mr. HARKIN) were added as Committee on Finance. poses; to the Committee on Commerce, cosponsors of S. 1304, a bill to improve By Mr. BOND: Science, and Transportation. the health of women through the estab- S. 2956. A bill to amend title 10, United By Mr. REED (for himself, Mr. KEN- lishment of Offices of Women’s Health States Code, to direct the Secretary of De- NEDY, Mr. WARNER, Mr. DASCHLE, Ms. within the Department of Health and fense to carry out a program to provide a SNOWE, Mr. DODD, Mrs. CLINTON, Mr. support system for members of the Armed Human Services. DORGAN, Mr. BAYH, Mr. SCHUMER, Mr. Forces who incur severe disabilities; to the S. 1890 JOHNSON, and Mr. DAYTON): Committee on Armed Services. S. 2968. A bill to amend the Public Health At the request of Mr. ENZI, the name By Mr. KYL (for himself, Mr. SMITH, Service Act to address the shortage of influ- of the Senator from West Virginia (Mr. and Mr. DOMENICI): ROCKEFELLER) was added as a cospon- S. 2957. A bill to encourage the promotion enza vaccine, and for other purposes; to the of democracy, free, fair, and transparent Committee on Health, Education, Labor, and sor of S. 1890, a bill to require the man- elections, and respect for human rights and Pensions. datory expensing of stock options the rule of law in Ukraine, and for other pur- f granted to executive officers, and for poses; to the Committee on Foreign Rela- other purposes. tions. SUBMISSION OF CONCURRENT AND S. 2146 By Mr. SMITH (for himself and Mr. SENATE RESOLUTIONS At the request of Ms. LANDRIEU, the WYDEN): S. 2958. A bill to authorize the Secretary of The following concurrent resolutions name of the Senator from New Hamp- the Interior, acting through the Bureau of and Senate resolutions were read, and shire (Mr. SUNUNU) was added as a co- Reclamation, to conduct a water resource referred (or acted upon), as indicated: sponsor of S. 2146, a bill to require the feasibility study for the Little Bear/Bear By Mr. HAGEL (for himself, Mr. Secretary of the Treasury to mint Creek Sub-basins in Oregon; to the Com- LUGAR, Mr. BIDEN, Mr. LEAHY, Mr. coins in commemoration of the con- mittee on Energy and Natural Resources. MCCAIN, Mr. SUNUNU, and Mr. DODD): tributions of Dr. Martin Luther King, By Mr. DAYTON: S. Con. Res. 142. A concurrent resolution S. 2959. A bill to amend the Public Health Jr., to the United States. recognizing the significant achievements of Service Act to ensure an adequate supply S. 2302 the people and Government of Afghanistan and distribution of influenza vaccine; to the since the Emergency Loya Jirga was held in At the request of Mr. CONRAD, the Committee on Health, Education, Labor, and June 2002 in establishing the foundation and name of the Senator from Vermont Pensions. means to hold presidential elections on Octo- (Mr. JEFFORDS) was added as a cospon- By Mr. GRAHAM of Florida: S. 2960. A bill to amend title 23, United ber 9, 2004; to the Committee on Foreign Re- sor of S. 2302, a bill to improve access States Code, to establish a traffic incident lations. to physicians in medically underserved management program; to the Committee on By Mr. DEWINE (for himself, Mrs. areas. MURRAY, Mr. FRIST, and Ms. COL- Environment and Public Works. S. 2447 LINS): By Mr. BROWNBACK (for himself and At the request of Mr. LIEBERMAN, the Mrs. DOLE): S. Con. Res. 143. A concurrent resolution S. 2961. A bill to amend the Internal Rev- recognizing community organization of pub- name of the Senator from Nevada (Mr. enue Code of 1986 to clarify that qualified lic access defibrillation programs; to the ENSIGN) was added as a cosponsor of S. personal service corporations may continue Committee on Health, Education, Labor, and 2447 , a bill to amend the Public Health to use the cash method of accounting, and Pensions. Service Act to authorize funding for for other purposes; to the Committee on Fi- f the establishment of a program on chil- nance. dren and the media within the National By Mr. DAYTON: ADDITIONAL COSPONSORS Institute of Child Health and Human S. 2962. A bill to require the Secretary of Commerce to implement a system for the S. 847 Development to study the role and im- collection and reporting of comprehensive At the request of Mrs. CLINTON, the pact of electronic media in the develop- information on the foreign operations of name of the Senator from Vermont ment of children. United States corporations and the foreign (Mr. LEAHY) was added as a cosponsor S. 2468 investments of United States investors, and of S. 847, a bill to amend title XIX of At the request of Ms. COLLINS, the for other purposes; to the Committee on Banking, Housing, and Urban Affairs. the Social Security Act to permit name of the Senator from Arkansas By Mr. LEAHY (for himself, Mr. JEF- States the option to provide medicaid (Mr. PRYOR) was added as a cosponsor FORDS, and Mr. DODD): coverage for low income individuals in- of S. 2468, a bill to reform the postal S. 2963. A bill to amend the Communica- fected with HIV. laws of the United States. tions Act of 1934 to clarify and reaffirm S. 874 S. 2568 State and local authority to regulate the placement, construction, and modification of At the request of Mr. TALENT, the At the request of Mr. BIDEN, the broadcast transmission facilities, and for name of the Senator from Indiana (Mr. name of the Senator from South Da- other purposes; to the Committee on Com- LUGAR) was added as a cosponsor of S. kota (Mr. DASCHLE) was added as a co- merce, Science, and Transportation. 874, a bill to amend title XIX of the So- sponsor of S. 2568, a bill to require the By Mr. LEAHY (for himself, Mr. JEF- cial Security Act to include primary Secretary of the Treasury to mint FORDS, and Mr. DODD): and secondary preventative medical coins in commemoration of the ter- S. 2964. A bill to amend the Communica- strategies for children and adults with centenary of the birth of Benjamin tions Act of 1934 to clarify and reaffirm Sickle Cell Disease as medical assist- State and local authority to regulate the Franklin, and for other purposes. placement, construction, and modification of ance under the medicaid program, and S. 2602 personal wireless services facilities, and for for other purposes. At the request of Mr. DODD, the name other purposes; to the Committee on Com- S. 983 of the Senator from South Dakota (Mr. merce, Science, and Transportation. At the request of Mr. CHAFEE, the JOHNSON) was added as a cosponsor of By Mr. COCHRAN (for himself and Mr. name of the Senator from Arkansas S. 2602, a bill to provide for a circu- HARKIN): S. 2965. A bill to amend the Livestock Man- (Mrs. LINCOLN) was added as a cospon- lating quarter dollar coin program to datory Price Reporting Act of 1999 to modify sor of S. 983, a bill to amend the Public honor the District of Columbia, the the termination date for mandatory price re- Health Service Act to authorize the Di- Commonwealth of Puerto Rico, Guam, porting; considered and passed. rector of the National Institute of En- American Samoa, the United States

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2004 CONGRESSIONAL RECORD — SENATE S10847 Virgin Islands, and the Commonwealth (Ms. CANTWELL) was added as a cosponsors of S. Con. Res. 33, a concurrent of the Northern Mariana Islands, and sor of S. 2900, a bill to authorize the resolution expressing the sense of the for other purposes. President to posthumously award a Congress regarding scleroderma. S. 2734 gold medal on behalf of Congress to S. CON. RES. 136 At the request of Mr. DASCHLE, his Elizabeth Wanamaker Peratrovich and At the request of Mr. CONRAD, the name was added as a cosponsor of S. Roy Peratrovich in recognition of their names of the Senator from Wisconsin 2734, a bill to implement the rec- outstanding and enduring contribu- (Mr. FEINGOLD), the Senator from Indi- ommendations of the Inspector General tions to civil rights and dignity of the ana (Mr. LUGAR) and the Senator from of the Department of the Interior re- Native peoples of Alaska and the Na- Kansas (Mr. BROWNBACK) were added as garding Indian Tribal detention facili- tion. cosponsors of S. Con. Res. 136, a con- ties. S. 2905 current resolution honoring and memo- S. 2789 At the request of Ms. MIKULSKI, her rializing the passengers and crew of At the request of Mr. BROWNBACK, the name was added as a cosponsor of S. United Airlines Flight 93. name of the Senator from Delaware 2905, a bill to protect members of the S. RES. 408 (Mr. BIDEN) was added as a cosponsor of Armed Forces from unscrupulous prac- At the request of Mr. SMITH, the S. 2789, a bill to reauthorize the grant tices regarding sales of insurance, fi- name of the Senator from Illinois (Mr. program of the Department of Justice nancial, and investment products. for reentry of offenders into the com- DURBIN) was added as a cosponsor of S. S. 2909 munity, to establish a task force on Res. 408, a resolution supporting the Federal programs and activities relat- At the request of Mr. SPECTER, the construction by Israel of a security ing to the reentry of offenders into the name of the Senator from Pennsyl- fence to prevent Palestinian terrorist community, and for other purposes. vania (Mr. SANTORUM) was added as a attacks, condemning the decision of cosponsor of S. 2909, a bill to authorize the International Court of Justice on S. 2807 the Secretary of the Interior to allow the legality of the security fence, and At the request of Mr. CRAPO, the name of the Senator from Colorado the Columbia Gas Transmission Cor- urging no further action by the United poration to increase the diameter of a Nations to delay or prevent the con- (Mr. CAMPBELL) was added as a cosponsor of S. 2807, a bill to amend the Inter- natural gas pipeline located in the struction of the security fence. nal Revenue Code of 1986 to exempt Delaware Water Gap National Recre- S. RES. 453 containers used primarily in potato ation Area. At the request of Mr. JEFFORDS, the farming from the excise tax on heavy S. 2923 name of the Senator from Maine (Ms. trucks and trailers. At the request of Mr. BIDEN, the COLLINS) was added as a cosponsor of S. S. 2860 names of the Senator from Kansas (Mr. Res. 453, a resolution expressing the At the request of Mr. SANTORUM, the BROWNBACK) and the Senator from Ohio sense of the Senate that the United name of the Senator from Pennsyl- (Mr. DEWINE) were added as cosponsors States should prepare a comprehensive vania (Mr. SPECTER) was added as a co- of S. 2923, a bill to reauthorize the strategy for advancing and entering sponsor of S. 2860, a bill to amend the grant program of the Department of into international negotiations on a Internal Revenue Code of 1986 to clas- Justice for reentry of offenders into binding agreement that would swiftly sify automatic fire sprinkler systems the community, to establish a task reduce global mercury use and pollu- as 5-year property for purposes of de- force on Federal programs and activi- tion to levels sufficient to protect pub- preciation. ties relating to the reentry of offenders lic health and the environment. S. 2869 into the community, and for other pur- f poses. At the request of Mr. TALENT, the STATEMENTS ON INTRODUCED name of the Senator from Georgia (Mr. S. 2939 BILLS AND JOINT RESOLUTIONS CHAMBLISS) was added as a cosponsor of At the request of Mr. LUGAR, the S. 2869, a bill to respond to the illegal name of the Senator from Oregon (Mr. By Mr. WYDEN: production, distribution, and use of SMITH) was added as a cosponsor of S. S. 2944. A bill to provide that no methamphetamines in the United 2939, a bill to amend the Foreign As- funds may be expended by the United States, and for other purposes. sistance Act of 1961 to provide assist- States Trade Representative to nego- S. 2889 ance for orphans and other vulnerable tiate data exclusivity provisions for At the request of Mr. ALEXANDER, the children in developing countries, and certain pharmaceutical products; to names of the Senator from West Vir- for other purposes. the Committee on Finance. Mr. WYDEN. Mr. President, today I ginia (Mr. BYRD), the Senator from S. 2942 Tennessee (Mr. FRIST), the Senator am introducing legislation regarding At the request of Mr. PRYOR, the the way the trade policies of the from New Mexico (Mr. DOMENICI), the names of the Senator from South Caro- C AIN United States affect the ability of de- Senator from Arizona (Mr. M C ), lina (Mr. HOLLINGS), the Senator from the Senator from Georgia (Mr. MIL- veloping countries to access to generic Oregon (Mr. WYDEN) and the Senator LER), the Senator from South Carolina drugs. from Rhode Island (Mr. REED) were The bill addresses concerns that this (Mr. GRAHAM), the Senator from New added as cosponsors of S. 2942, a bill to Administration, through the United York (Mr. SCHUMER), the Senator from amend the Internal Revenue Code of States Trade Representative, is pur- Colorado (Mr. CAMPBELL), the Senator 1986 to provide that combat pay be suing policies that will make it even from Florida (Mr. NELSON), the Senator treated as earned income for purposes from Mississippi (Mr. LOTT), the Sen- more difficult for developing countries of the earned income credit. ator from Nevada (Mr. ENSIGN) and the to gain access to the drugs they need, S. CON. RES. 8 Senator from Vermont (Mr. JEFFORDS) particularly generics, to treat their were added as cosponsors of S. 2889, a At the request of Ms. COLLINS, the public health problems like TB, HIV/ bill to require the Secretary of the names of the Senator from Ohio (Mr. AIDS and malaria. This is just wrong. Treasury to mint coins celebrating the VOINOVICH) and the Senator from Ohio The policies the Administration recovery and restoration of the Amer- (Mr. DEWINE) were added as cosponsors seeks to put in place are data exclu- ican bald eagle, the national symbol of of S. Con. Res. 8, a concurrent resolu- sivity provisions. Such provisions tend the United States, to America’s lands, tion designating the second week in to benefit drug manufacturers. As re- waterways, and skies and the great im- may each year as ‘‘National Visiting ported in The Wall Street Journal and portance of the designation of the Nurse Association Week’’. elsewhere, when these provisions are American bald eagle as an endangered S. CON. RES. 33 included trade agreements they essen- species under the Endangered Species At the request of Mr. CRAIG, the tially bar countries from being able to Act of 1973, and for other purposes. names of the Senator from Illinois (Mr. get more affordable generic drugs for a S. 2900 DURBIN), the Senator from Utah (Mr. period of time, usually five years. At the request of Ms. MURKOWSKI, the BENNETT) and the Senator from Arkan- Trade agreements should be about name of the Senator from Washington sas (Mr. PRYOR) were added as cospon- promoting trade. People in developing

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10848 CONGRESSIONAL RECORD — SENATE October 8, 2004 nations who are suffering from such reau of Alcohol, Tobacco, Firearms, most importantly, it is not fair to the epidemic diseases should not be denied and Explosives can waive prohibitions public, whose safety is put at risk when access to affordable medicines because on the possession of firearms by con- convicted felons are allowed to carry of trade agreements. victed felons, drug offenders, and other guns. The purpose of what is known as the disqualified individuals; to the Com- Fortunately, there has long been bi- Doha Declaration was to clarify that mittee on the Judiciary. partisan support for blocking the pro- trade rules on intellectual property Mr. CORZINE. Mr. President, I rise gram. Since 1992, Congress has prohib- would not interfere with the ability of today, along with Senator LAUTEN- ited the use of appropriated funds to developing countries to take measures BERG, to introduce legislation to help implement it, and President Bush’s to protect public health. The legisla- ensure that convicted felons are not budget proposes that the prohibition be tion I am introducing today would pro- permitted to legally possess dangerous retained. Yet funding bans in appro- hibit USTR from spending any funds in weapons. The bill would eliminate a priations bills are stopgap measures order to impose data exclusivity for discredited program under which con- that are effective for only a single fis- drugs used to treat HIV/AIDS, tuber- victed felons can apply to the Bureau cal year. It is time to eliminate the culosis, or other epidemics, or needed of Alcohol, Tobacco and Firearms, waiver program permanently. in circumstances of extreme urgency, ATF, to seek a waiver that allows I urge my colleagues to support the or national emergency. them to possess firearms or explosives. legislation and ask unanimous consent I am not one to trample on the need Under Federal law, those convicted of that the text of the bill be printed in to protect trade secrets, but I cannot felonies generally are prohibited from the RECORD. condone policies that inhibit devel- possessing firearms. However, ATF is There being no objection, the bill was oping countries from being able to ad- authorized to grant a waiver from this ordered to be printed in the RECORD, as dress their own public health needs. In prohibition if it believes that an indi- follows: today’s world, it is shortsighted to vidual is not likely to act in a manner S. 2945 think that infectious diseases cannot that threatens public safety. Be it enacted by the Senate and House of Rep- cross borders. By allowing developing Interestingly, this waiver authority resentatives of the United States of America in countries access to generic drugs, we was enacted not to permit common Congress assembled, not only help improve health in those criminals to obtain guns, but to assist SECTION 1. SHORT TITLE. a company called Winchester, which This Act may be cited as the ‘‘No Guns for nations, we also help ourselves control Felons Act’’. manufactures firearms. Winchester’s these debilitating and often deadly dis- SEC. 2. ADMINISTRATIVE RELIEF FROM CERTAIN eases. parent company, Olin Mathieson Chem- FIREARMS PROHIBITIONS. I ask unanimous consent that the ical Corporation, had been convicted of (a) IN GENERAL.—Section 925(c) of title 18, text of the bill be printed in the a felony involving a kickback scheme. United States Code, is amended— RECORD. As a result, Winchester was legally (1) in the first sentence by inserting There being no objection, the bill was prohibited from shipping firearms in ‘‘(other than a natural person)’’ before ‘‘who is prohibited’’; ordered to be printed in the RECORD, as interstate commerce. The provision follows: was approved to allow Winchester to (2) in the fourth sentence— (A) by inserting ‘‘person (other than a nat- S. 2944 stay in business. ural person) who is a’’ before ‘‘licensed im- Be it enacted by the Senate and House of Rep- Because the provision was drafted porter’’; and resentatives of the United States of America in broadly, however, the waiver provision (B) by striking ‘‘his’’ and inserting ‘‘the Congress assembled, applied to common criminals. Origi- person’s’’; and SECTION 1. LIMITATION. nally, waivers could not be granted to (3) in the fifth sentence, by inserting ‘‘(1) (a) IN GENERAL.—Notwithstanding any those convicted of firearms offenses. the name of the person, (2) the disability other provision of law, funds appropriated or But in 1986, Congress expanded the law with respect to which the relief is granted, otherwise obligated to the United States to allow even persons convicted of fire- (3) if the disability was imposed by reason of a criminal conviction of the person, the Trade Representative may not be expended arms offenses, and those involuntarily to negotiate data exclusivity provisions with crime for which and the court in which the any country with respect to public health committed to a mental institution, to person was convicted, and (4)’’ before ‘‘the pharmaceutical products or to require ac- apply for a waiver. reasons therefor’’. tions of another country which interfere Between 1981 and 1991, ATF processed (b) APPLICABILITY.—The amendments made with a country’s access to public health more than 13,000 applications. These by subsection (a) shall apply to— pharmaceutical products. applications required some of ATF’s (1) applications for administrative relief (b) DEFINITIONS.—In this section: best agents to abandon their law en- and actions for judicial review that are pend- (1) DATA EXCLUSIVITY PROVISION.—The term forcement responsibilities and instead ing on the date of enactment of this Act; and ‘‘data exclusivity provision’’ means a provi- (2) applications for administrative relief conduct extensive investigations on be- filed, and actions for judicial review brought, sion that restricts for a set period of time a half of convicted felons. In the late country from approving for sale generic pub- after the date of enactment of this Act. lic health pharmaceutical products based on 1980’s, the cost of handling these peti- original clinical data of public health phar- tions worked out to about $10,000 for By Mr. AKAKA (for himself, Mr. maceutical products previously approved for each waiver granted—costs borne by BINGAMAN, and Mr. DURBIN): sale. ordinary taxpayers. S. 2947. A bill to provide additional (2) PUBLIC HEALTH PHARMACEUTICAL PROD- The Violence Policy Center inves- protections for recipients of the earned UCTS.—The term ‘‘public health pharma- tigated 100 cases in which a convicted income tax credit; to the Committee ceutical products’’ means any patented phar- felon had been allowed to legally pos- on Finance. maceutical product, or pharmaceutical prod- sess firearms. In 41 percent of those Mr. AKAKA. Mr. President, I rise to uct manufactured through a patented proc- introduce the Taxpayer Abuse Preven- ess, needed to treat HIV/AIDS, tuberculosis, cases, the felon had been convicted of a malaria, or other epidemics, or needed in cir- crime of violence, or a drug or firearms tion Act. Earned income tax credit cumstances of extreme urgency or national offense. The crimes of violence in- (EITC) benefits intended for working emergency in accordance with the Decision cluded several homicides, sexual as- families are increasingly being reduced of the General Council of 30 August 2003 on saults and armed robberies. by the growing use of refund anticipa- the Implementation of Paragraph Six of the Between 1981 and 1991, 5600 waivers tion loans, which typically carry triple DOHA Declaration on the TRIPS Agreement were granted. In many cases, those who digit interest rates. According to the and Public Health and the WTO General regained their gun privileges later used Brookings Institution, an estimated Council Chairman’s statement accom- their guns to commit serious crimes, $1.9 billion intended to assist low-in- panying the Decision (JOB(03)/177, WT/GC/M/ 82) (collectively known as the ‘‘TRIPS/health such as attempted murder, rape, kid- come families was received by commer- solution’’). napping, and child molestation. cial tax preparers and affiliated na- This program makes no sense. It is tional banks to pay for tax assistance, By Mr. CORZINE (for himself and not fair to taxpayers, who must foot electronic filing of returns, and high- Mr. LAUTENBERG): the bill for ATF investigations. It is cost refund loans in 2002. The interest S. 2945. A bill to permanently elimi- not fair to ATF agents, who have much rates and fees charged on refund antici- nate a procedure under which the Bu- more important things to do. And, pation loans (RALs) are not justified

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2004 CONGRESSIONAL RECORD — SENATE S10849 for the short length of time that these result of the reinstatement of the DI, S. 2947 loans cover and the minimal risk they this has not occurred. The Debt Indi- Be it enacted by the Senate and House of Rep- present. These loans carry little risk cator should once again be stopped. resentatives of the United States of America in because of the Debt Indicator program. The DI is helping tax preparers make Congress assembled, The Debt Indicator (DI) is a service excessive profits of low- and moderate- SECTION 1. SHORT TITLE. provided by the Internal Revenue Serv- income taxpayers who utilize the serv- This Act may be cited as the ‘‘Taxpayer ice that informs the lender whether or ice. If the Debt Indicator is removed, Abuse Prevention Act’’. not an applicant owes Federal or State then the loans become riskier and the SEC. 2. PREVENTION OF DIVERSION OF EARNED taxes, child support, student loans, or tax preparers may not aggressively INCOME TAX CREDIT BENEFITS. (a) IN GENERAL.—Section 32 of the Internal other government obligations, which market them among EITC filers. The Revenue Code of 1986 (relating to earned in- assists the tax preparer in ascertaining IRS should not be aiding efforts that come tax credit) is amended by adding at the the applicant’s ability to obtain their take the earned benefit away from low- end the following new subsection: full refund so that the RAL is repaid. income families and allow unscrupu- ‘‘(n) PREVENTION OF DIVERSION OF CREDIT The Department of the Treasury lous preparers to take advantage of BENEFITS.—The right of any individual to should not be facilitating these preda- low-income taxpayers. My bill termi- any future payment of the credit under this tory loans that allow tax preparers to nates the DI program. In addition, my section shall not be transferable or assign- reap outrageous profits by exploiting bill removes the incentive to meet Con- able, at law or in equity, and none of the moneys paid or payable or right shall be sub- working families. gressionally mandated electronic filing ject to any execution, levy, attachment, gar- Unfortunately too many working goals by facilitating the exploitation of nishment, offset, or other legal process ex- families are susceptible to predatory taxpayers. My bill would prevent any cept for any outstanding Federal obligation. lending because they are left out of the electronically filed tax returns that re- Any waiver of the protections of this sub- financial mainstream. Between 25 and sulted in tax refunds that were distrib- section shall be deemed null, void, and of no 56 million adults are unbanked, or not uted by refund anticipation loans from effect.’’. using mainstream, insured financial in- being counted towards the goal estab- (b) EFFECTIVE DATE.—The amendment stitutions. The unbanked rely on alter- lished by the IRS Restructuring and made by this section shall take effect on the native financial service providers to Reform Act of 1998 that the IRS have date of the enactment of this Act. obtain cash from checks, pay bills, SEC. 3. PROHIBITION ON DEBT COLLECTION OFF- at least 80 percent of all returns filed SET. send remittances, utilize payday loans, electronically by 2007. (a) IN GENERAL.—No person shall, directly and obtain credit. Many of the My bill also expands access to main- or indirectly, individually or in conjunction unbanked are low- and moderate-in- stream financial services. Electronic or in cooperation with another person, en- come families that can ill afford to Transfer Accounts (ETA) are low-cost gage in the collection of an outstanding or have their earnings unnecessarily di- accounts at banks and credit unions delinquent debt for any creditor or assignee minished by their reliance on these that are intended for recipients of cer- by means of soliciting the execution of, proc- high-cost and often predatory financial tain Federal benefit payments. Cur- essing, receiving, or accepting an application or agreement for a refund anticipation loan services. In addition, the unbanked are rently, ETAs are provided for recipi- unable to save securely to prepare for or refund anticipation check that contains a ents of other federal benefits such as provision permitting the creditor to repay, the loss of a job, a family illness, a Social Security payments. My bill ex- by offset or other means, an outstanding or down payment on a first home, or edu- pands the eligibility for ETAs to in- delinquent debt for that creditor from the cation expenses. clude EITC benefits. These accounts proceeds of the debtor’s Federal tax refund. My bill will protect consumers will allow taxpayers to receive direct (b) REFUND ANTICIPATION LOAN.—For pur- against predatory loans, reduce the in- deposit refunds into an account with- poses of subsection (a), the term ‘‘refund an- volvement of the Department of the out the need for a RAL. ticipation loan’’ means a loan of money or of any other thing of value to a taxpayer be- Treasury in facilitating the exploi- Furthermore, my bill would mandate tation of taxpayers, and expand access cause of the taxpayer’s anticipated receipt of that low- and moderate-income tax- a Federal tax refund. to opportunities for saving and lending payers be provided opportunities to (c) EFFECTIVE DATE.—This section shall at mainstream financial services. open low-cost accounts at federally in- take effect on the date of the enactment of My bill prohibits refund anticipation sured banks or credit unions via appro- this Act. loans that utilize EITC benefits. Other priate tax forms. Providing taxpayers SEC. 4. PROHIBITION OF MANDATORY ARBITRA- Federal benefits, such as Social Secu- with the option of opening a bank or TION. rity, have similar restrictions to en- credit union account through the use (a) IN GENERAL.—Any person that provides sure that the beneficiaries receive the a loan to a taxpayer that is linked to or in of tax forms provides an alternative to intended benefit. anticipation of a Federal tax refund for the My bill also limits several of the ob- RALs and provides immediate access to taxpayer may not include mandatory arbi- jectionable practices of RAL providers. the opportunities found at banks and tration of disputes as a condition for pro- My legislation will prohibit lenders credit unions. viding such a loan. I want to thank my colleagues, Sen- (b) EFFECTIVE DATE.—This section shall from using tax refunds to collect out- apply to loans made after the date of the en- standing obligations for previous ator BINGAMAN and Senator DURBIN for cosponsoring the legislation. I also actment of this Act. RALs. In addition, mandatory arbitra- SEC. 5. TERMINATION OF DEBT INDICATOR PRO- thank Representative JAN SCHAKOWSKY tion clauses for RALs that utilize fed- GRAM. eral tax refunds would be prohibited to for introducing the companion legisla- The Secretary of the Treasury shall termi- ensure that consumers have the ability tion in the other body. I ask unani- nate the Debt Indicator program announced to take future legal action if necessary mous consent that the text of the Tax- in Internal Revenue Service Notice 99–58. in the future. payer Abuse Prevention Act be printed SEC. 6. DETERMINATION OF ELECTRONIC FILING I am deeply troubled that the Depart- following my remarks. I also ask unan- GOALS. ment of the Treasury plays such a imous consent that the text of a sup- (a) IN GENERAL.—Any electronically filed prominent role in the facilitation and port letter from the Association of Federal tax returns, that result in Federal tax refunds that are distributed by refund subsequent promotion of refund antici- Community Organizations for Reform Now, the Children’s Defense Fund, the anticipation loans, shall not be taken into pation loans. In 1995, the use of the DI account in determining if the goals required was suspended because of massive fraud Consumer Federation of America, Con- under section 2001(a)(2) of the Restructuring in e-filed returns with RALs. After the sumers Union, and the National Con- and Reform Act of 1998 that the Internal program was discontinued, RAL par- sumer Law Center, be printed in the Revenue Service have at least 80 percent of ticipation declined. The use of the DI RECORD. all such returns filed electronically by 2007 was reinstated in 1999, according to Mr. President, I ask unanimous con- are achieved. H&R Block, to ‘‘assist with screening sent that the text of the bill and a let- (b) REFUND ANTICIPATION LOAN.—For purposes of subsection (a), the term ‘‘refund an- ter be printed in the RECORD. for electronic filing fraud and is also ticipation loan’’ means a loan of money or of expected to substantially reduce refund There being no objection, the mate- any other thing of value to a taxpayer be- anticipation loan pricing.’’ Although rial was ordered to be printed in the cause of the taxpayer’s anticipated receipt of RAL prices were expected go down as a RECORD, as follows: a Federal tax refund.

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10850 CONGRESSIONAL RECORD — SENATE October 8, 2004 SEC. 7. EXPANSION OF ELIGIBILITY FOR ELEC- support your bill, the ‘‘Taxpayer Abuse Pre- rect, or the patient no longer needs the TRONIC TRANSFER ACCOUNTS. vention Act.’’ By prohibiting lenders from drugs. (a) IN GENERAL.—The last sentence of sec- making loans against the Earned Income Certainly, we should encourage tion 3332(j) of title 31, United States Code, is Tax Credit, this bill would greatly reduce the amended by inserting ‘‘other than any pay- states and pharmacies to re-dispense scope of abuses caused by refund anticipa- rather than simply discard these pre- ment under section 32 of such Code’’ after tion loans (RALs), which carry effective ‘‘1986’’. annualized interest rates of about 70% to scription drugs. However, while some (b) EFFECTIVE DATE.—The amendment over 700%. States, including Connecticut, Mis- made by this section shall apply to payments As you know, over 55% of consumers who souri, and Texas, have laws that re- made after the date of the enactment of this receive RALs are beneficiaries of the Earned quire pharmacies that re-stock drugs Act. Income Tax Credit. In 2002, EITC recipients for re-dispensing to credit the State SEC. 8. PROGRAM TO ENCOURAGE THE USE OF paid about $749 million in loan and ‘‘adminis- Medicaid program, many, including THE ADVANCE EARNED INCOME TAX trative’’ fees for RALs. These fees divert CREDIT. New Jersey, do not. This has resulted hundreds of millions of EITC dollars, paid in pharmacy companies double charg- (a) IN GENERAL.—Not later than 6 months out of the U.S. Treasury, into the coffers of after the date of the enactment of this Act, multimillion dollar commercial preparation ing Medicaid—for the sale and resale— the Secretary of the Treasury shall, after chains and big banks. It’s time to stop lend- of the restocked drugs. consultation with such private, nonprofit, ers from making high cost, abusive loans We have an obligation to close this and governmental entities as the Secretary using the precious dollars intended to sup- loophole. At a time in which all 50 determines appropriate, develop and imple- port working poor families. States are proposing cuts to their Med- ment a program to encourage the greater Furthermore, we support the ‘‘Taxpayer icaid programs because of sky- utilization of the advance earned income tax Abuse Prevention Act’’ for its provisions rocketing costs and the burden of these credit. that halt several of the most egregious prac- costs on the Federal Government con- (b) REPORTS.—Not later than the date of tices of RAL lenders, such as seizing tax- the implementation of the program de- tinues to grow, we must eliminate such payers’ tax refunds as a form of debt collec- wasteful spending. scribed in subsection (a), and annually there- tion and slipping in mandatory arbitration after, the Secretary of the Treasury shall re- clauses, which leave RAL consumers without The absence of any Federal or State port to the Committee on Finance of the their day in court. Moreover, we appreciate law or regulation prohibiting this prac- Senate and the Committee on Ways and the termination of the IRS Debt Indicator tice has left our courts with no option Means of the House of Representatives on program, which would stop the IRS’s prac- but to allow this practice to continue. the elements of such program and progress tice of sharing taxpayer’s personal financial For example, a recent Third Circuit achieved under such program. information in order to make RALs more Court of Appeals decision found that a (c) AUTHORIZATION OF APPROPRIATIONS.— profitable for lenders. Finally, we applaud New Jersey pharmacy company, There is authorized to be appropriated such the provisions of the bill that support link- sums as are necessary to carry out the pro- Omnicare, had indeed double charged ing unbanked taxpayers with bank accounts, the State’s Medicaid program when it gram described in this section. Any sums so such as the provision to permit them to open appropriated shall remain available until ex- Electronic Transaction Accounts to receive charged Medicaid twice for the sale and pended. federal tax refunds. resale of restocked drugs. Because SEC. 9. PROGRAM TO LINK TAXPAYERS WITH DI- Thank you again for all your efforts to there was no State or Federal law pro- RECT DEPOSIT ACCOUNTS AT FED- combat taxpayer abuse by the RAL industry. hibiting such double charges, however, ERALLY INSURED DEPOSITORY IN- Sincerely, the court could not assess penalties STITUTIONS. MAUDE HURD, (a) ESTABLISHMENT OF PROGRAM.—Not later against the company. Writing for the National President, than 1 year after the date of the enactment court, Judge Jane Roth said, ‘‘We are Association of Com- of this Act, the Secretary of the Treasury constrained by a lack of a regulation. munity Organiza- shall enter into cooperative agreements with We believe that Congress and/or the tions for Reform federally insured depository institutions to Now. New Jersey legislature might serve provide low- and moderate-income taxpayers JEAN ANN FOX, Medicaid well if this lack of regulation with the option of establishing low-cost di- Director of Consumer were corrected.’’ rect deposit accounts through the use of ap- Protection, Con- My legislation will close this loop- propriate tax forms. sumer Federation of hole by prohibiting federal reimburse- (b) FEDERALLY INSURED DEPOSITORY INSTI- America. ment for any prescription drugs that TUTION.—For purposes of this section, the CHI CHI WU, term ‘‘federally insured depository institu- have been re-stocked. Recognizing that Staff Attorney, Na- tion’’ means any insured depository institu- pharmacies that restock prescription tional Consumer tion (as defined in section 3 of the Federal drugs incur costs in verifying the in- Law Center. Deposit Insurance Act (12 U.S.C. 1813)) and tegrity of the drugs and placing them DEBORAH CUTLER-ORTIZ, any insured credit union (as defined in sec- Director of Family In- back into the pharmacy’s inventory, tion 101 of the Federal Credit Union Act (12 come, Children’s De- my legislation allows states to provide U.S.C. 1752)). fense Fund. reasonable reimbursements to phar- (c) OPERATION OF PROGRAM.—In providing SHELLEY CURRAN, macies for these costs. for the operation of the program described in Policy Analyst, Con- subsection (a), the Secretary of the Treasury In closing, I want to state that I am sumers Union. is authorized— open to working with the Administra- (1) to consult with such private and non- tion to close this loophole. I think that profit organizations and Federal, State, and By Mr. CORZINE (for himself and the Centers for Medicare and Medicaid local agencies as determined appropriate by Mr. LAUTENBERG): have the authority to close this loop- the Secretary, and S. 2950. A bill to amend title XIX of hole and I hope that they will take im- (2) to promulgate such regulations as nec- the Social Security Act to prohibit mediate action to address this problem. essary to administer such program. payments to States under the medicaid This practice of double billing is noth- (d) AUTHORIZATION OF APPROPRIATIONS.— program for redispensing prescription ing short of fraud. Congress and the There is authorized to be appropriated such drugs; to the Committee on Finance. sums as are necessary to carry out the pro- Administration have a duty to safe- Mr. CORZINE. Mr. President, I rise guard the Medicaid program from such gram described in this section. Any sums so today to introduce legislation to close appropriated shall remain available until ex- fraud, waste, and abuse. I urge my col- pended. a gaping loophole in the Medicaid law leagues to join me in the effort to do that allows pharmacies to double bill just that. NATIONAL CONSUMER LAW CENTER INC, the Medicaid program for prescription I ask unanimous consent that the Washington, DC, July 12, 2004. drugs. text of the bill be printed in the Hon. DANIEL K. AKAKA, As you may know, many States are RECORD. U.S. Senate, now encouraging or requiring health There being no objection, the bill was Washington, DC. care facilities to return unused pre- ordered to be printed in the RECORD, as DEAR SENATOR AKAKA: The Association of scription drugs for Medicaid patients Community Organizations for Reform Now follows: (ACORN), Children’s Defense Fund, Con- to pharmacies for re-dispensing as a S. 2950 sumer Federation of America, Consumers way to save money. These drugs go un- Be it enacted by the Senate and House of Rep- Union, and National Consumer Law Center used because a nursing home patient resentatives of the United States of America in (on behalf of its low-income clients), write to has died, the prescription was incor- Congress assembled,

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2004 CONGRESSIONAL RECORD — SENATE S10851 SECTION 1. PROHIBITION ON PAYMENT FOR RE- years now has had no economic devel- ervation. I would also like to clarify DISPENSING PRESCRIPTION DRUGS. opment potential. The tribal resolution that nothing in this legislation author- (a) IN GENERAL.—Section 1903(i) of the So- cial Security Act (42 U.S.C. 1396b(i)) is expresses the Paiute’s desire to accept izes the Secretary of the Interior to amended— the city’s offer to purchase the land at make land conveyances for any tribe or (1) in paragraph (20), by striking the period fair market value and serves as the re- band without their official consent to at the end and inserting ‘‘; or’’; and quest to the Secretary of the Interior such a conveyance. (2) by adding at the end the following: to convey the trust land. However, This bill will cost U.S. taxpayers ‘‘(21) with respect to any amount expended only an act of Congress may authorize nothing, but it will solve the dilemma for redispensing a prescribed drug, other this land conveyance. that the City of Richfield faces as it than in accordance with guidance of the Sec- The Paiute Land Adjustments Act works to make its airport meet the retary that— would also transfer three trust land needs of the citizens of southwestern ‘‘(A) specifies the circumstances under Utah. Equally important is the fact which redispensing of a prescribed drug shall parcels, each an acre or less in size, be permissible; and from the tribe to its Kanosh and that this bill will allow the Paiute ‘‘(B) allows for a reasonable restocking fee Shivwits Bands. All parcels would re- Tribe to use the proceeds from the land that takes into account the costs of inspec- main in trust status. The first parcel of sale to acquire land with economic de- tion and inventory processes for redis- one acre would be transferred from velopment potential to facilitate the pensing.’’. land held in trust by the United States self-determination of the tribe. The bill (b) EFFECTIVE DATE.—The amendments for the Paiute Tribe to land held in also takes care of non-controversial made by subsection (a) take effect on the land adjustments and technical correc- first day of the first fiscal year quarter that trust for the Kanosh Band. This parcel begins after the date of enactment of this is surrounded by 279 acres of land that tions. The bill is supported by the Pai- Act. is either owned by the Konosh Band or ute Tribe, its Bands, and the people of Mr. HATCH. Mr. President, I rise held in trust for the Konosh Band. For southwestern Utah residing nearby. today to introduce the Paiute Land Ad- more than 20 years, the sole use of this That is why I am introducing this leg- justments Act. This bill would author- land has been for the Kanosh Band islation that would convey or transfer ize the Secretary of the Interior to con- Community Center. The second parcel, these four small Paiute trust land par- vey or transfer four small Paiute trust two-thirds of an acre in size, would also cels. Finally, I offer my congratulations land parcels totaling about five acres. be transferred from the tribe to the and best wishes to the Paiute Indian My introduction of this bill at the clos- Kanosh Band. The land has been used Tribe of Utah. At the tribe’s Annual ing of the 108th Congress is to show my exclusively by the Kanosh Band. It was Restoration Gathering over the week- support to the Paiute Tribe, the city of originally intended that the land be end of June 12, the Paiutes celebrated Richfield, UT and to Congressman taken in trust for the Kanosh Band in the 24th anniversary of their restora- CHRIS CANNON’s companion measure, 1981 under the Paiute Indian Tribe of tion as a tribe. The Federal trust rela- H.R. 3982, which has passed the House Utah Restoration Act. However, tionship with the tribe was restored in and has been held at the desk in the through an administrative error, the 1980 upon enaction of the Paiute Indian Senate. land was mistakenly placed in trust for There are, however, some minor as- the tribe. By way of several Band reso- Tribe Restoration Act, which I spon- pects of H.R. 3982 which I believe merit lutions, the Kanosh Band has formally sored. I thank the Senate for the oppor- some clarification and may even re- requested correction of this error. tunity to address this issue today, and quire future technical amendments. The third parcel of land, less than an I urge my colleagues to support the The bill I am introducing today re- acre in size, would be transferred from passage of H.R. 3982 during the 108th flects some of the minor changes that the tribe to be held in trust for the Congress. have been requested by the Senate In- Shivwits Band. The land already is sur- dian Affairs Committee, and my intro- rounded by several thousand acres of By Mrs. CLINTON (for herself, duction of the bill is also an effort to land held in trust for the Shivwits Mr. CHAFEE, and Mr. REID): get those clarifications on record. Band, and its sole use has been for the S. 2953. A bill to amend the Public I do strongly support the passage of Shivwits Band Community Center. Health Service Act to establish a Co- H.R. 3982, and I am working with Chair- Finally, the bill would eliminate the ordinated Environmental Health Net- man BEN NIGHTHORSE CAMPBELL of the word ‘‘city’’ from the current official work, and for other purposes; to the Senate Indian Affairs Committee and name of the ‘‘Cedar City Band of Pai- Committee on Health, Education, Senate leadership to secure its final ute Indians,’’ a name which has never Labor, and Pensions. passage before the close of this Con- been used by the Band or residents of Mrs. CLINTON. Mr. President, I rise gress. southwestern Utah. Thus, the bill to introduce today a bill to authorize The Paiute Land Adjustments Act makes clear that any reference in a the development of the Coordinated would allow the Paiute Indian Tribe of law, map, regulation, document, paper, Environmental Health Network. I am Utah to convey at fair market value or other record of the United States to pleased to have Senators CHAFEE and three acres of trust land to the city of the ‘‘Cedar City Band of Paiute Indi- REID as cosponsors. Richfield, UT. This land transfer would ans’’ shall be deemed to be a reference Environmental public health track- allow expansion of the Richfield Mu- to the ‘‘Cedar Band of Paiute Indians.’’ ing of chronic diseases began in FY 2002 nicipal Airport and provide the Tribe I would like to make part of the when the CDC awarded $17 million to 17 with proceeds to purchase land that record some clarifications with regard states and 3 local health departments has economic development potential. to this bill. This bill has language that to develop the Program and establish 3 The city of Richfield approached the would allow the city of Richfield to Centers of Excellence. These funds tribe about acquiring this parcel of purchase land from the tribe and direct were for capacity building and dem- land adjacent to the airport runway. the payment directly to the tribe with- onstration projects over 3 years. Ef- The tribe agreed and the Paiute Tribal out the funds being funneled through forts included correlation of asthma in Council passed Resolution 01–36, unani- the Department of the Interior. I sup- young adults to air pollution from traf- mously agreeing to the conveyance of port that provision. The bill also has a fic exhaust or indoor air quality in this parcel of land to the city. In 1974, provision that would make land ac- schools, correlation of adverse preg- the private nonprofit Utah Paiute Trib- quired by the tribe after February 17, nancy outcomes and air pollution al Corporation acquired the three-acre 1984, be made part of the reservation. measurements, PCBs in water supplies, parcel of land in fee for the purpose of This is an effort to clarify that lands etc and biomonitoring for blood lead economic development. With the pas- already in possession of the tribe and hair mercury with exposure data- sage of the Paiute Indian Tribe Res- should be part of the reservation. It is bases. In FY 2003, CDC awarded $18.5 toration Act in 1980, the land was not an effort to ensure that every par- million to continue this program and placed into trust. The land has not cel of land purchased by the tribe in expand to three additional states as in been used by the tribe for more than 20 the future be made part of the reserva- Florida to link statewide surveillance years. It is not contiguous to the Pai- tion without regard to the parcel’s lo- systems for asthma, autism, mental re- ute’s Reservation and for nearly 30 cation or proximity to the existing res- tardation, cancers, and birth defects

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10852 CONGRESSIONAL RECORD — SENATE October 8, 2004 with EPA’s Toxic Release Inventory, work will alert health officials when (3) expand and coordinate among existing statewide air monitoring data, and there is a sudden increase in any dis- surveillance and data collection systems and data from the statewide well water sur- ease or condition, including those asso- other infrastructure for chronic diseases and veillance program. 24 states now have ciated with a biological or chemical at- relevant environmental, and other risk factors, including those relevant to bioter- efforts to track asthma. FY 2004 fund- tack. rorism; ing reached $27 million, and an addi- Once fully operational, the network (4) improve coordination between the areas tional $28 million pending in the Fiscal will coordinate national, state, and of public health, environmental protection, Year 2005 Labor-Health and Human local efforts to inform communities, and chemical, radiological and biological Services-Education Appropriations public health officials, researchers, and terrorism; and bill. policymakers of potential environ- (5) provide necessary support to ensure the Our bill would build on these efforts, mental health risks, and to integrate availability of a sufficient number of well- and would eventually cover all priority this information with other parts of trained environmental health and public chronic conditions including birth de- the public health system. health personnel to participate and provide leadership in the development and mainte- fects, developmental disabilities (such The Coordinated Environmental Health Network Act is supported by nance of the Coordinated and State Environ- as cerebral palsy, autism, and mental mental Health Networks. the Trust for America’s Health, Amer- retardation), asthma and chronic res- SEC. 3. AMENDMENT TO THE PUBLIC HEALTH piratory diseases, neurological dis- ican Public Health Association, Citi- SERVICE ACT. eases, such as Parkinson’s disease, zens for a Cleaner Environment, March The Public Health Service Act (42 U.S.C. multiple sclerosis, and Alzheimer’s dis- of Dimes, American Lung Association, 201 et seq.) is amended by adding at the end ease, and autoimmune diseases such as U.S. Public Interest Research Group, the following: Lupus. It would also eventually reach The Breast Cancer Fund, Physicians ‘‘TITLE XXIX—COORDINATED as many of the States as possible; al- for Social Responsibility, and many ENVIRONMENTAL HEALTH NETWORK ready the EPA and DHHS (CDC) have others. ‘‘SEC. 2900. DEFINITIONS. signed a Memorandum of Under- I ask unanimous consent that the ‘‘In this title: text of the legislation be printed in the ‘‘(1) ADMINISTRATORS.—The term ‘Adminis- standing to coordinate exposure data- trators’ means the Director of the Centers bases with the CDC’s nationwide chron- RECORD. There being no objection, the bill was for Disease Control and Prevention Coordi- ic disease tracking network and the nating Center for Environmental Health, In- ordered to be printed in the RECORD, as State grantees. jury Prevention, and Occupational Health, Our current public health surveil- follows: and the Administrator of the Environmental lance systems were developed when the S. 2953 Protection Agency. major threats to health were infectious Be it enacted by the Senate and House of Rep- ‘‘(2) COMMITTEE.—The term ‘Committee’ agents. Currently, 50 infectious dis- resentatives of the United States of America in means the Advisory Committee established Congress assembled, eases are tracked on a national basis. under section 2901(d). SECTION 1. SHORT TITLE. ‘‘(3) DIRECTOR.—The term ‘Director’ means However, chronic diseases, such as can- This Act may be cited as the ‘‘Coordinated the Director of the Centers for Disease Con- cer and cardiovascular disease are now Environmental Health Network Act of 2004’’. trol and Prevention. the nation’s number one killers, and SEC. 2. FINDINGS AND PURPOSE. ‘‘(4) MEDICAL PRIVACY REGULATIONS.—The there is evidence that rates of some (a) FINDINGS.—Congress finds that— term ‘medical privacy regulations’ means chronic diseases and conditions are ris- (1) approximately 7 out of every 10 deaths the regulations promulgated under section ing. More than 1.3 million new cancer in the United States are attributable to 264(c) of the Health Insurance Portability cases were diagnosed in 2003. One in 33 chronic diseases; and Accountability Act of 1996. U.S. babies born has a birth defect, and (2) with 100,000,000 people suffering from ‘‘(5) COORDINATED NETWORK.—The term ‘Co- chronic diseases each year, and ordinated Network’ means the Coordinated about 17 percent of children under 18 $750,000,000,000 lost in health care costs as a Environmental Health Network established years of age have a developmental dis- result, the national cost of chronic disease is under section 2901(a). ability. In 2001, an estimated 31.3 mil- extremely high and must be appropriately ‘‘(6) PRIORITY CHRONIC CONDITION.—The lion Americans reported having been addressed; term ‘priority chronic condition’ means a diagnosed with asthma during their (3) the rates of many chronic diseases, in- condition to be tracked in the Coordinated lifetime, and 14 million adults reported cluding asthma, some birth defects, cancers, Network and the State Networks, including physician-diagnosed chronic obstruc- and autism, appear to be increasing; birth defects, developmental disabilities tive pulmonary disease. Chronic dis- (4) there is a growing amount of evidence (such as cerebral palsy, autism, and mental that environmental factors are strongly retardation), asthma and chronic respiratory eases cost Americans $750,000,000,000 in linked with specific chronic disease; diseases, neurological diseases (such as Par- health care expenses and lost produc- (5) a major gap in critical knowledge exists kinson’s disease, multiple sclerosis, Alz- tivity and affect 100 million Ameri- regarding the prevalence and incidence of heimer’s disease, and amyotrophic lateral cans. Yet our systems for tracking chronic diseases; sclerosis), autoimmune diseases (such as chronic diseases are woefully under- (6) States, local communities, territories, lupus), cancer, juvenile diabetes, and such developed. and Indian tribes need assistance with public other priority chronic conditions as the Sec- All across our nation are commu- health efforts that would lead to prevention retary may specify. nities where disease clusters such as of chronic disease, including the establish- ‘‘(7) STATE NETWORK.—The term ‘State Net- birth defects, cancers and asthma raise ment and maintenance of necessary infra- work’ means a State Environmental Health structure for disease and environmental haz- Network established under section 2901(b). questions about the role of environ- ard exposure surveillance; and ‘‘(8) STATE.—The term ‘State’ means a mental factors in chronic diseases. In (7) a Coordinated Environmental Health State, territory, or Indian tribe that is eligi- order to improve the health of our na- Network will help target resources to areas ble to receive a health tracking grant under tion and lower health care costs, we of chronic disease prevention most in need. section 2901(b). need to develop the infrastructure to (b) PURPOSES.—It is the purpose of this Act ‘‘SEC. 2901. ESTABLISHMENT OF COORDINATED study the relationship between envi- to— AND STATE ENVIRONMENTAL ronment and chronic disease. (1) develop, operate, and maintain a Co- HEALTH NETWORKS. The Coordinated Environmental ordinated Environmental Health Network, ‘‘(a) COORDINATED ENVIRONMENTAL HEALTH State Environmental Health Networks, and NETWORK.— Health Network Act would create the rapid response capabilities so that the Fed- ‘‘(1) ESTABLISHMENT.—Not later than 36 infrastructure necessary to collect, eral Government, States, local governments, months after the date of the enactment of analyze, and report data on the rate of territories, and Indian tribes can more effec- this title, the Secretary, acting through the disease and the presence of relevant en- tively monitor, investigate, respond to, re- Director and in consultation with the Ad- vironmental factors and exposures. The search, and prevent increases in the inci- ministrators, State and local health depart- Network would also coordinate na- dence and prevalence of certain chronic dis- ments, and the Committee, shall establish tional, State, and local efforts to bol- eases and relevant environmental and other and operate a Coordinated Environmental ster our public health system’s capac- risk factors; Health Network. In establishing and oper- (2) provide information collected through ating the Coordinated Network, the Sec- ity to investigate and respond aggres- the Coordinated and State Environmental retary shall— sively to environmental exposures that Health Networks to government agencies, ‘‘(A) identify, build upon, expand, and co- threaten health. In addition, the Co- public health practitioners and researchers, ordinate among existing data and surveil- ordinated Environmental Health Net- policy makers, and the public; lance systems, surveys, registries, and other

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2004 CONGRESSIONAL RECORD — SENATE S10853 Federal public health and environmental in- sus tract (or other political or administration Agency, regarding the factors described frastructure wherever possible, including— tive subdivision determined appropriate by in subparagraphs (A), (B), and (C); ‘‘(i) the National Electronic Disease Sur- the Secretary in consultation with the Ad- ‘‘(E) procedures for making data available veillance System; ministrator of the Environmental Protection to the public and researchers, and for report- ‘‘(ii) State birth defects surveillance sys- Agency) for the calendar year preceding the ing to the Coordinated Network, while pro- tems as supported under section 317C; year for which the report is prepared; tecting the confidentiality of all personal ‘‘(iii) State cancer registries as supported ‘‘(C) the identification of gaps in the data data reported, in accordance with medical under part M of title III; of the Coordinated Network, including dis- privacy regulations; ‘‘(iv) State asthma surveillance systems as eases of concern and environmental expo- ‘‘(F) standards and procedures for the es- supported under section 317I; sures not tracked; and tablishment and maintenance of at least 7 ‘‘(v) the National Health and Nutrition Ex- ‘‘(D) recommendations regarding high risk regional biomonitoring laboratories, includ- amination Survey; populations, public health concerns, response ing providing for an equitable geographic ‘‘(vi) the Behavioral Risk Factor Surveil- and prevention strategies, and additional distribution, by entering into cooperative lance System; tracking needs; agreements with States, groups of States, ‘‘(vii) the Hazardous Substance Release/ ‘‘(3) NATIONAL ENVIRONMENTAL HEALTH and academic institutions or consortia of Health Effects Database; academic institutions, in order to expand the RAPID RESPONSE SERVICE.—The National En- ‘‘(viii) the Hazardous Substances Emer- vironmental Health Rapid Response Service scope and amount of biomonitoring data col- gency Events Surveillance System; operated under paragraph (1)(D) shall— lected by the Centers for Disease Control and ‘‘(ix) the National Exposure Registry; Prevention; ‘‘(A) work with environmental health in- ‘‘(x) the Health Alert Network; and ‘‘(G) criteria for the environmental health vestigators appointed or hired under sub- ‘‘(xi) the State vital statistics systems as investigators as required under subsection section (b)(3)(D) to develop and implement supported under section 306; (b)(3)(D); and strategies, protocols, and guidelines for the ‘‘(B) provide for public access to an elec- ‘‘(H) procedures for record and data main- coordinated, rapid responses to actual and tronic national database that accepts data tenance and verification. perceived higher than expected incidence and from the State Networks on the incidence ‘‘(b) STATE ENVIRONMENTAL HEALTH NET- prevalence rates of priority chronic condi- and prevalence of priority chronic conditions WORKS.— tions and to acute and potential environ- and relevant environmental and other fac- ‘‘(1) GRANTS.—Not later than 24 months tors, in a manner which protects personal mental hazards and exposures; after the date of the enactment of this title, privacy consistent with the medical privacy ‘‘(B) conduct investigations into higher the Secretary, acting through the Director, regulations; than expected incidence and prevalence rates in consultation with the Administrators, and ‘‘(C) not later than 36 months after the of priority chronic conditions or environ- taking into consideration the findings of the date of the enactment of this title, and annu- mental exposures after an individual re- Committee, shall award grants to States, ally thereafter, prepare and publish, in ac- quests, through a process established by the local governments, territories, and Indian cordance with paragraph (2), a Coordinated Secretary, the intervention of the Service; tribes for the establishment, maintenance, Environmental Health Network Report to ‘‘(C) coordinate activities carried out and operation of State Environmental provide the public with the findings of the under this title with activities carried out Health Networks in accordance with the Coordinated Network; under sections 319 through 319G; and minimum standards and procedures estab- ‘‘(D) operate and maintain a National En- ‘‘(D) coordinate activities carried out lished by the Secretary under subsection vironmental Health Rapid Response Service under this title with the Administrators, the (a)(4). within the Epidemic Intelligence Service to Surgeon General, and the Director of the Na- ‘‘(2) SPECIALIZED ASSISTANCE.—The Coordi- carry out the activities described in para- tional Institutes of Health. nated Network shall provide specialized as- graph (3); ‘‘(4) DATA COLLECTION AND REPORTING BY sistance to grantees in the establishment, ‘‘(E) provide for the establishment of State STATE NETWORKS.—The minimum standards maintenance, and operation of State Net- Networks, and coordinate the State Net- and procedures referred to in paragraph works. works as provided for under subsection (b); (1)(G) shall include— ‘‘(3) REQUIREMENTS.—A State, local govern- ‘‘(F) provide technical assistance to sup- ‘‘(A) a list and definitions of the priority ment, territory, or Indian tribe receiving a port the State Networks, including pro- chronic conditions to be tracked through the grant under this subsection shall use the viding— State Networks; grant— ‘‘(i) training for environmental health in- ‘‘(B) a list and definitions of relevant envi- ‘‘(A) to establish an environmental health vestigators appointed or hired under sub- ronmental exposures of concern to be network that will provide— section (b)(3)(D); tracked, to the extent practicable, through ‘‘(i) for the complete tracking of the inci- ‘‘(ii) technical assistance as needed to the State Networks, including— dence, prevalence, and trends of priority States to build necessary capacity and infra- ‘‘(i) hazardous air pollutants (as defined in chronic conditions and potentially relevant structure for the establishment of a State section 302(g) of the Clean Air Act); environmental and other factors as set forth Network, including a computerized data col- ‘‘(ii) air pollutants for which national pri- in subsection (a), as well as any additional lection, reporting, and processing system, mary ambient air quality standards have priority chronic conditions and potentially and additional assistance identified by the been promulgated under section 109 of the related environmental exposures of concern States under subsection (b)(5)(C) as nec- Clean Air Act; to that State, local government, territory, essary for infrastructure development; and ‘‘(iii) pollutants or contaminants (as de- or Indian tribe; ‘‘(iii) such other technical assistance as fined in section 101 of the Comprehensive En- ‘‘(ii) for identification of priority chronic the Secretary, in consultation with the Ad- vironmental Response, Compensation, and conditions and potentially relevant environ- ministrators, determines to be necessary; Liability Act of 1980); mental and other factors that disproportion- ‘‘(G) not later than 12 months after the ‘‘(iv) toxic chemicals (as described in sec- ately impact low income and minority com- date of the enactment of this title, acting tion 313 of the Emergency Planning and munities; through the Director and consulting with the Community Right-to-Know Act of 1986); ‘‘(iii) for the protection of the confiden- Administrators, the Surgeon General, the ‘‘(v) substances reported under the Toxic tiality of all personal data reported, in ac- Director of the National Institutes of Health, Substances Control Act Inventory Update cordance with the medical privacy regula- and States, develop minimum standards and Rule as provided for in part 710 of title 40, tions; procedures in accordance with paragraph (4) Code of Federal Regulations, or successor ‘‘(iv) a means by which confidential data for data collection and reporting for the regulations; may, in accordance with Federal and State State Networks, to be updated not less than ‘‘(vi) pesticides (as defined in section 2(u) law, be disclosed to researchers for the pur- annually thereafter; and of the Federal Insecticide, Fungicide, and poses of public health research; ‘‘(H) in developing the minimum standards Rodenticide Act); and ‘‘(v) the fullest possible public access to and procedures under subparagraph (G), in- ‘‘(vii) such other potentially relevant envi- data collected by the State Network or clude mechanisms for allowing the States to ronmental factors as the Secretary may through the Coordinated Network, while en- set priorities, and allocate resources accord- specify; suring that individual privacy is protected in ingly, among the factors described in sub- ‘‘(C) a list and definitions of potentially accordance with subsection (a)(1)(B); and paragraphs (A), (B), and (C) of paragraph (4). relevant behavioral, socioeconomic, demo- ‘‘(vi) for the collection of exposure data ‘‘(2) COORDINATED ENVIRONMENTAL HEALTH graphic, and other risk factors, including through biomonitoring and other methods, NETWORK REPORT.—Each Coordinated Envi- race, ethnic status, gender, age, occupation, including the entering into of cooperative ronmental Health Network Report prepared and primary language, to be tracked through agreements with the Coordinated Network in under paragraph (1)(C) shall include— the State Networks; the establishment of the regional biomoni- ‘‘(A) a statement of the activities carried ‘‘(D) procedures for the complete and time- toring laboratories; out under this title; ly collection and reporting of data to the Co- ‘‘(B) to develop a publicly available plan ‘‘(B) an analysis of the incidence, preva- ordinated Network by census tract, or other for establishing the State Network in order lence, and trends of priority chronic condi- political subdivision determined appropriate to meet minimum standards and procedures tions and potentially relevant environ- by the Secretary, in consultation with the as developed by the Coordinated Network mental and other factors by State and cen- Administrator of the Environmental Protec- under subsection (a)(4), including the State’s

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priorities within the minimum standards, a is approved by the Secretary, acting through ‘‘(1) GRANTS.—Beginning in fiscal year 2005, timeline by which all the standards will be the Director and in consultation with the the Secretary may award grants to at least met, and a plan for coordinating and expand- Administrators and the Committee. 5 accredited schools or programs of public ing existing data and surveillance systems ‘‘(2) ACTIVITIES.—A State, local govern- health for the establishment, maintenance, within the State including any pilot projects ment, territory, or Indian tribe shall use and operation of Centers of Excellence for re- established through the Centers for Disease amounts received under a grant under this search and demonstration with respect to Control and Prevention prior to the date of subsection to carry out a pilot project de- chronic conditions and relevant environ- the enactment of this title; signed to develop State Network enhance- mental factors. ‘‘(C) to appoint a lead environmental ments and to develop programs to address ‘‘(2) ACTIVITIES.—A Center of Excellence health department or agency that will be re- specific local and regional concerns, includ- established or operated under paragraph (1) sponsible for the development, operation, ing— shall undertake research and development and maintenance of the State Network, and ‘‘(A) the expansion of the State Network to projects in at least 1 of the following areas: ensure the appropriate coordination among include additional chronic diseases or envi- ‘‘(A) Investigating causal connections be- State and local agencies regarding the devel- ronmental exposures; tween chronic conditions and environmental opment, operation, and maintenance of the ‘‘(B) the conduct of investigations of local factors. State Network; concerns of increased incidence or preva- ‘‘(B) Increasing the understanding of the ‘‘(D) to appoint or hire an environmental lence of priority chronic conditions and envi- causes of higher than expected incidence and health investigator who meets criteria estab- ronmental exposures; and prevalence rates of priority chronic condi- lished by the Secretary under subsection ‘‘(C) the carrying out of other activities as tions and developing more effective interven- (a)(4)(G) and who will coordinate the devel- determined to be a priority by the State or tion methods for when such elevated rates opment and maintenance of the rapid re- consortium of regional States, local govern- occur. sponse protocol established under subpara- ment, territory, or tribe and the Secretary. ‘‘(C) Identifying additional chronic condi- graph (E); ‘‘(3) RESULTS.—The Secretary may con- tions and environmental factors that could ‘‘(E) to establish a rapid response protocol, sider the results of the pilot projects under be tracked by the Coordinated Network. coordinated by the grantee’s environmental this subsection for inclusion into the Coordi- ‘‘(D) Improving translation of Coordinated health investigator, in order to respond in a nated Network. Network tracking results into effective pre- timely manner to actual and perceived inci- ‘‘(d) ADVISORY COMMITTEE.— vention activities. dence and prevalence rates of priority chron- ‘‘(1) ESTABLISHMENT.—Not later than 3 ‘‘(E) Improving the training of public ic diseases that are higher than expected, months after the date of the enactment of health workforce in environmental epidemi- acute and potential environmental hazards this title, the Secretary acting jointly with ology. and exposures, and other environmental the Administrators, shall establish an Advi- ‘‘(F) Establishing links to the Coordinated health concerns, including warning the pub- sory Committee in accordance with the Fed- Network and the State Networks to identify lic when emergent public health concerns eral Advisory Committee Act. associations that warrant further study. are detected through the State Network, and ‘‘(2) COMPOSITION.—The Advisory Com- ‘‘(3) REQUIREMENTS FOR CENTERS OF EXCEL- concerns regarding vulnerable subpopula- mittee shall be composed of 16 members to LENCE.—To be eligible to receive a grant tions and disproportionately impacted sub- be appointed by the Secretary. Each member under paragraph (1), a school or program of populations; of the Advisory Committee shall serve a 3- public health shall provide assurances that ‘‘(F) to establish an advisory committee to year term, except that the Secretary may ensure local community input to the State the school or program— appoint the initial members of the Advisory Network; and ‘‘(A) meets the minimum requirements as Committee for lesser terms in order to com- ‘‘(G) to recruit and train public health offi- established by the Secretary in consultation ply with the following sentence. In appoint- cials to continue to expand the State Net- with the Director; ing the members of the Advisory Committee, work. ‘‘(B) maintains privacy for public health the Secretary shall ensure that the terms of ‘‘(4) LIMITATION.—A State, local govern- information if appropriate to the project; ment, territory, or Indian tribe that receives 5 or 6 members expire each year. The Advi- and a grant under this section may not use more sory Committee shall include at least 9 ‘‘(C) makes public information regarding than 10 percent of the funds made available members that have experience in the areas the findings and results of the programs. through the grant for administrative costs. of— ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(5) APPLICATION.—To seek a grant under ‘‘(A) public health; There is authorized to be appropriated to this section, a State, local government, ter- ‘‘(B) the environment, especially toxic carry out this subsection $5,000,000 for each ritory, or Indian tribe shall submit to the chemicals and human exposure; of fiscal years 2005 through 2009. ‘‘(C) epidemiology; and Secretary an application at such time, in ‘‘(b) JOHN H. CHAFEE PUBLIC HEALTH ‘‘(D) biomonitoring and other relevant ex- such form and manner, and accompanied by SCHOLAR PROGRAM.— posure technologies. such information as the Secretary may ‘‘(1) IN GENERAL.—The Secretary shall specify. The Secretary may not approve an ‘‘(3) REPORTING.—The Advisory Committee shall not later than 12 months after the date award scholarships, to be known as John H. application for a grant under this subsection Chafee Public Health Scholarships, to eligi- unless the application— of the enactment of this title, and at least once every 12 months thereafter, report to ble students who are enrolled in an accred- ‘‘(A) contains assurances that the State, ited school of public health or medicine. The local government, territory, or tribe will— Congress on the progress of the Coordinated Network. Secretary shall determine both the criteria ‘‘(i) use the grant only in compliance with and eligibility requirements for such schol- ‘‘(4) HEARINGS.—The Advisory Committee the requirements of this title; and arships, after consultation with the Com- ‘‘(ii) establish such fiscal control and fund shall hold such hearings, sit and act at such times and places, take such testimony, and mittee. accounting procedures as may be necessary UTHORIZATION OF APPROPRIATIONS.— receive such evidence as the Committee con- ‘‘(2) A to ensure the proper disbursement and ac- There is authorized to be appropriated to siders appropriate to carry out the objectives counting of Federal funds paid to the State, carry out this subsection $2,500,000 for each of the Coordinated Network. local government, territory, or tribe under of fiscal years 2005 through 2009. the grant; ‘‘(5) DUTIES.—The Advisory Committee ‘‘(B) contains the assurance that the State, shall— ‘‘(c) APPLIED EPIDEMIOLOGY FELLOWSHIP local government, territory, or tribe will es- ‘‘(A) review and provide input for the Co- PROGRAMS.— tablish a State Network as required by this ordinated Environmental Health Network ‘‘(1) IN GENERAL.—Beginning in fiscal year subsection; and Report prior to publication, and make rec- 2005, the Secretary, acting through the Di- ‘‘(C) contains assurances that if the State, ommendations as to the progress of the Co- rector, shall enter into a cooperative agree- local government, territory, or tribe is un- ordinated Network, including identifying in- ment with the Council of State and Terri- able to meet all of the requirements de- formation gaps in the network; torial Epidemiologists to train and place, in scribed in this subsection within the pre- ‘‘(B) assist in developing the minimum State and local health departments, applied scribed time period, the State, local govern- standards and procedures for the State Net- epidemiology fellows to enhance State and ment, territory, or tribe will use grant funds works under subsection (a)(4); and local epidemiology capacity in the areas of to increase the public health infrastructure ‘‘(C) provide ongoing public input to the environmental health, chronic disease, and of the State, local government, territory, or Coordinated Network. birth defects and development disabilities. tribe, acting in cooperation with the Coordi- ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— nated Network, in order to implement and There are authorized to be appropriated to There is authorized to be appropriated to maintain a State Network within 24 months carry out this section $100,000,000 for fiscal carry out this subsection $2,500,000 for fiscal of the receipt of such grant. year 2005 and such sums as may be necessary year 2005, and such sums as may be necessary ‘‘(c) PILOT PROJECTS.— for each of fiscal years 2006 through 2009. in each of fiscal years 2006 through 2009. ‘‘(1) IN GENERAL.—Beginning in fiscal year ‘‘SEC. 2902. INCREASING PUBLIC HEALTH PER- ‘‘SEC. 2903. GENERAL PROVISIONS. 2005, a State, local government, territory, or SONNEL CAPACITY. Indian tribe may apply for a grant under this ‘‘(a) SCHOOLS OR PROGRAMS OF PUBLIC ‘‘(a) INTERNAL MONITORING AND COORDINA- subsection to implement a pilot project that HEALTH CENTERS OF EXCELLENCE.— TION REGARDING CDC.—The Secretary, acting

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2004 CONGRESSIONAL RECORD — SENATE S10855 through the Director, shall place primary re- date their respective lands to ensure next few months that will be ready to sponsibility for the coordination of the pro- that both public agencies are permitted move at the beginning of the next Con- grams established under this title in the Of- to fulfill their mandates. gress. fice of the Director. The officers or employ- The legislation we are introducing I urge all of my colleagues to support ees of the Centers for Disease Control and today is yet another chapter in our Prevention who are assigned responsibility our efforts to fund the education of our for monitoring and coordinating the activi- State’s long history of consolidating children in Utah and to protect some of ties carried out under this title by the Direc- these State lands for the financial well this Nation’s truly great lands. I urge tor shall include officers or employees with- being of our education system. These support of the Utah Recreational Land in the Office of the Director. efforts serve a dual purpose as they Exchange Act of 2004. ‘‘(b) FUNDING THROUGH APPROPRIATIONS AC- help the Federal land management COUNT FOR PUBLIC HEALTH IMPROVEMENT.— agencies to consolidate federal lands in By Mr. BOND: All authorizations of appropriations estab- environmentally sensitive areas that S. 2956. A bill to amend title 10, lished in this title are authorizations exclu- can then be reasonably managed. We sively for appropriations to the account United States Code, to direct the Sec- that, among appropriations accounts for the see this exchange as a win-win solution retary of Defense to carry out a pro- Centers for Disease Control and Prevention, for the State of Utah and its school gram to provide a support system for is designated ‘Public Health Improvement’. children, as well as the Department of members of the Armed Forces who ‘‘(c) DATE CERTAIN FOR OBLIGATION OF AP- the Interior as the caretaker of our incur severe disabilities; to the Com- PROPRIATIONS.—With respect to the process public lands. mittee on Armed Services. of receiving applications for and making Beginning in 1998 Congress passed the Mr. BOND. Mr. President, I rise awards of grants, cooperative agreements, first major Utah school trust land ex- and contracts under this title, the Secretary, today to introduce a bill of great im- change which consolidated hundreds of portance to our most severely injured acting through the Director, shall to the ex- thousands of acres. Again in 2000, Con- tent practicable design the process to ensure troops who are carrying the battle to that amounts appropriated under this title gress enacted an exchange consoli- the terrorists. This legislation will as- for such awards for a fiscal year are obli- dating another 100,000 acres. I was sist the Department of Defense by gated not later than the beginning of the proud to be instrumental in those ef- granting reprogramming authority to fourth quarter of the fiscal year, subject to forts, and the bill we are introducing the Army to transfer funds to the compliance with section 1512 of title 31, today is yet another step in the long Army’s Disabled Soldier Support Sys- United States Code (relating to deficiency or journey toward giving the school chil- supplemental appropriations), and other ap- tem (DS3) and by expanding the pro- dren the deal they were promised in gram to cover all the Armed Services. plicable law regarding appropriations ac- 1896 when Utah was admitted to the counting. The Disabled Soldier Support System Union. ‘‘(d) COORDINATION WITH AGENCY FOR TOXIC this legislation will support was estab- SUBSTANCES AND DISEASE REGISTRY.—In car- The School Trust of Utah currently owns some of the most spectacular lished just this year by the former Vice rying out this title, the Secretary, acting Chief of Staff of the Army, General through the Director, shall coordinate ac- lands in America, located along the tivities and responses with the Agency for Colorado River in southeastern Utah. George W. Casey, who realized after Toxic Substances and Disease Registry. This legislation will ensure that places visiting severely wounded soldiers at ‘‘(e) COORDINATION WITH EXISTING PILOT like Westwater Canyon of the Colorado Walter Reed Army Hospital that more PROJECTS THROUGH CDC.—The Secretary River, the world famous Kokopelli and support was needed to help these sol- shall integrate the enactment of this title diers make the transition from mili- with all environmental health tracking pilot Slickrock biking trails, some of the largest natural rock arches in the tary to civilian life. projects funded prior to the date of enact- The program the Army currently has ment of this title.’’. United States, wilderness study areas, and viewsheds for Arches National in place is budgeted for $ one million By Mr. BENNETT (for himself Park will be traded into Federal owner- and has a staff of less than 10 people. It and Mr. HATCH): ship and for the benefit of future gen- is reported to have helped over 200 sol- S. 2954. A bill to authorize the ex- erations. At the same time, the school diers but we have a much larger group change of certain land in Grand and children of Utah will receive mineral of seriously wounded troops that need Uintah Counties, Utah, and for other and development lands that are not en- our help. Of the nearly 7,000 troops who purposes; to the Committee on Energy vironmentally sensitive, in locations have been wounded approximately 57 and Natural Resources. where responsible development makes percent were so severely injured that Mr. BENNETT. Mr. President, I am sense. This will be an equal value ex- they will not be able to return to ac- proud to introduce the Utah Rec- change, with approximately 40,000 tive duty. reational Land Exchange Act of 2004, acres exchanged on either side, with The Administration is doing all it together with my colleague Senator both taxpayers and the school children can but we know that the bureaucracy Hatch. This legislation will ensure the of Utah receiving a fair deal. Moreover, is sometimes slow to respond and react protection of critical lands along the the legislation establishes a valuation rapidly to changing conditions. The Colorado River corridor in south- process that is transparent to the pub- Army is not the only Service Compo- eastern Utah and will help provide im- lic, yet will ensure the exchange proc- nent with a growing patient load. That portant funding for Utah’s school chil- ess occurs in a timely manner. is why this legislation will expand this dren. In Utah we treasure the edu- This legislation represents a truly worthy program to all branches of the cation of our children. A key compo- collaborative process. We have con- Armed Services. nent of our education system is the 3.5 vened all of the players to give us input The patriots who are wounded while million acres of school trust lands scat- into this legislation: local government, serving in support of our defense de- tered throughout the State. These the State, the recreation community, serve the best care and assistance this lands are dedicated to the support of the environmental community and Nation can deliver. That is why I am public education. Revenue from Utah other interested parties. At the same honored to submit this legislation school trust lands, whether from graz- time we are working closely with the today. It is my hope that my col- ing, forestry, surface leasing or min- Department of Interior. We introduce leagues will put their full support be- eral development, is placed in the this bill at this late date in this Con- hind this legislation and find a way to State School Fund. This fund is a per- gress to begin the legislative portion of get it passed when we return later this manent income producing endowment our efforts. The state has been working year. created by Congress upon statehood to with all of these groups over the past I thank my co-sponsors Senator’s fund public education. Unfortunately, year at a grass-roots level to address KENNEDY, BURNS and NELSON of Florida the majority of these lands are trapped concerns. As with all legislation this along with Congressman ‘‘DUTCH’’ RUP- within federal ownership patterns that will be a perfecting process and intro- PERSBERGER who introduced this legis- make it impossible for responsible de- duction today marks the beginning of lation in the House in early September velopment. It is critical to both the our efforts to work with the appro- and Steve Robinson, National Gulf War state of Utah and the Bureau of Land priate committees and the Department Resource Center, who referred Con- Management (BLM) that we consoli- of Interior to craft a product over the gressman RUPPERSBERGER to my office.

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10856 CONGRESSIONAL RECORD — SENATE October 8, 2004 While the current debate continues What is at stake here is the future of way ramp metering, traffic signal co- regarding U.S. foreign policy there is democracy and perhaps independence ordination, traveler information and no debate about doing all that is nec- in Ukraine as well as significant incident management can accomplish essary to help our troops prevail on the United States national interests in a major improvements in daily travel battlefield—or to help those who are region that we helped liberate from with a small price tag. severely wounded on the field of battle Communist tyranny just 15 years ago. Now it looks as though a 6-year high- to recover and make the transition The legislation that I am introducing way bill reauthorization will not be from military to civilian life. would prevent senior government offi- completed this year and the 109th Con- As the Chairman of VA–HUD I con- cials, who are personally involved in gress will have to start the process tinue to work with my distinguished suppressing free and fair elections in from scratch. This is a golden oppor- colleague Senator MIKULSKI to make Ukraine, from obtaining visas to the tunity for the Senate to review the the transition from the military sup- United States, and would seize the as- SAFETEA bill and support positive port system to the VA support system sets of these corrupt officials, unless changes to target more funds to con- as seamless as possible. This legisla- the U.S. President certifies the elec- gestion relief. tion will help improve the support sys- tions as free and fair. The objective is Mr. President, according to the Texas tem in the Department of Defense and to target directly those individuals re- Transportation Institute, TTI, at make the work we are doing with the sponsible for the corruption, not the Texas A&M University, which conducts VA that much easier. Ukrainian people as a whole. I would an annual Urban Mobility Report to This legislation is vital for the wel- note that similar legislation has been study the state of America’s urban fare of our troops, their loved ones and introduced in the House of Representa- transportation networks, gridlock cost families, and for the Department of De- tives by Representative DANA ROHR- Americans $63 billion in 2002 in wasted fense and the Department of Veterans ABACHER of California. fuel and lost time. This is a significant Affairs. That is why I hope my col- I hope this will send a clear message loss that burdens families, individuals, leagues will support this bill and work that we stand with the free and demo- and businesses. More than 2 in 5 adults to get it passed before years end. cratic people of Ukraine, but not with report that congestion is a problem in their community. This number is even By Mr. KYL (for himself, Mr. those who would pervert democracy. higher in major cities. SMITH, and Mr. DOMENICI): By Mr. GRAHAM of Florida: Such concern is not surprising, con- S. 2957. A bill to encourage the pro- S. 2960. A bill to amend title 23, motion of democracy, free, fair, and sidering that the average resident of United States Code, to establish a traf- transparent elections, and respect for many cities in my state experience fic incident management program; to human rights and the rule of law in some of the worst congestion. Every the Committee on Environment and Ukraine, and for other purposes; to the year a typical resident of Miami and Public Works. Committee on Foreign Relations. Orlando will lose over 51 hours stuck in Mr. GRAHAM of Florida. Mr. Presi- Mr. KYL. Mr. President, I rise today traffic. Lost time and wasted fuel will to introduce legislation, the Ukraine dent, I rise today to introduce legisla- cost each of these Floridians over $900. Democracy and Fair Elections Act of tion that calls for a small Federal com- In 1982, only 11 hours were lost. This is 2004, designed to promote free, fair and mitment that would make a huge im- not only a Florida problem. Nor is it transparent elections in Ukraine. Like pact on the daily lives of all Ameri- only a problem here in Washington DC, the United States, Ukraine is currently cans. This legislation, the Rush Hour or in New York City or Chicago. Even in the midst of a presidential election Congestion Relief Act, authorizes $1 in small urban areas, delay during peak campaign. There is, however, one glar- billion per year over the next 6 years, traveling hours grew 200 percent in the ing contrast—all indications are that which can make a major dent in the past 20 years. Across the country, resi- the campaign in Ukraine is not fair, amount of time we sit in traffic every- dents of smaller cities like Pensacola, not free and not transparent. day. Charleston, and Colorado Springs could The U.S. government has sent a num- In February, the Senate approved a save hundreds of dollars by making our ber of high level officials to Ukraine to six-year highway reauthorization bill, current road system more efficient. tell retiring President Kuchma and the Safe, Accountable, Flexible, and The Rush Hour Congestion Relief Act Ukraine’s Prime Minister Viktor Efficient Transportation Equity Act of of 2004 would establish a Federal inci- Yanukovych—who is Kuchma’s en- 2004, SAFETEA, which authorized $318 dent management program to provide dorsed presidential candidate—that billion through 2009 for the Federal funding to states for regional projects free and fair elections are essential to highway and transit program. I voted to mitigate the effects of traffic con- Ukraine’s standing with the United against the bill for many reasons, but gestion on our roads. States. Similarly, European govern- the main reason I could not support Incident management programs ments have called upon Ukraine to the legislation is that the bill did not would save taxpayers money by allow- hold free and fair elections. But, unfor- meet the funding levels identified by ing our roadways to operate at a more tunately, it appears that abuses of the U.S. Department of Transpor- optimal level. When a stalled vehicle or Ukraine’s campaign laws are rapidly tation’s needs assessment. The USDOT traffic accident blocks a lane of traffic, escalating. identified a $375 billion Federal com- our roads are not operating efficiently. Ukrainian government officials have mitment as necessary to maintain the The Federal Highway Administration continued, without pause, an aggres- current condition and level of conges- estimates that every blocked lane cre- sive offensive against their opposition. tion on our highways. Just maintain, ates an average of four minutes of traf- Together with oligarch beneficiaries of not improve. fic delay. Furthermore, up to one-third the Kuchma-Yanukovych government Additionally, SAFETEA did not con- of traffic accidents are secondary to they have denied the opposition access tain any specific programs to target earlier incidents. What this means is to national media, they have intimi- congestion relief. SAFETEA targets that incidents that are not cleared dated campaign workers and opposition funding to construction to add highway quickly run a higher risk of causing supporters at work and at home, they capacity. Although adding capacity to more accidents and increasing delay have tried to prohibit opposition as- our highway and transit system is very even further. Results find that 55 per- semblies, and have stopped buses on important, we will never build our way cent of congestion in urban areas and the way to opposition rallies. They out of congestion. We must also look at 100 percent of congestion in rural areas make a mockery of Ukrainian laws by ways to operate and manage the cur- are caused by incidents such as traffic using government resources to promote rent system and use resources more ef- accidents and stalled vehicles. the Yanukovych candidacy, and they ficiently. We must focus on managing Incident management programs vary are aggressively manipulating Ukrain- the demand on our road network, espe- across the country, but include the co- ian election laws to ensure that they cially in larger urban areas, through operative effort of multiple agencies, control the election commission at innovative approaches and use of new such as city and county governments, each of the 40,000 polling place in the technology. A combination of oper- regional planning councils, local police country. ational improvements, including free- and firefighters, HAZMAT teams and

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2004 CONGRESSIONAL RECORD — SENATE S10857 emergency medical services to detect timated at $1.4 million, while program ‘‘(9) traffic incident management training; and verify incidents, manage the scene, operations amounted to only $600,000. ‘‘(10) crash investigation equipment; and clear the obstruction in a safe In Denver, their Courtesy Patrol pro- ‘‘(11) other activities under a regional traf- manner. In many cases the incident gram has been estimated to save 10.5 to fic incident management plan; and ‘‘(12) statewide incident reporting systems. management patrols are the first to ar- 16.9 times more than it cost. Although ‘‘(c) REGIONAL TRAFFIC INCIDENT MANAGE- rive on the scene of an accident, and adding capacity to our highway and MENT PLAN.— they coordinate Emergency Medical transit network is important, it is very ‘‘(1) PLAN.— Services, tow trucks, law enforcement expensive and takes many years to ‘‘(A) IN GENERAL.—Except as provided in and other service providers. Addition- complete. This approach provides a subparagraph (B), funds apportioned under ally, they are able to funnel informa- real solution, which will make a huge this section may not be obligated for an ur- tion to a central traffic command, impact on congestion in a short banized area with a population greater than which can provide important real-time amount of time. 300,000 until such time as a regional traffic information to the traveling public. Finally, the Rush Hour congestion incident management plan is developed for Some incident management pro- Relief Act is supported by our nation’s the urbanized area. grams offer needed assistance to trav- ‘‘(B) FUNDS FOR PLAN.—An urbanized area local governments, Metropolitan Plan- described in subparagraph (A) may use funds elers by providing services such as a ning Organizations, and transit pro- apportioned under this section to develop the free gallon of gas, changing a flat tire, viders, who are on the front lines of the regional traffic incident management plan in a cell phone call, water for an over- daily congestion battle. The act has accordance with this subsection. heated radiator, and charging a dead been endorsed by the National Associa- ‘‘(2) PLAN DEVELOPMENT.— battery. In Florida, one way that we tion of Counties, National League of ‘‘(A) COLLABORATION.—Any urbanized area have addressed incident management is Cities, National Association of Re- described in paragraph (1) that receives funds through a program called Road Rang- gional Councils, Association for Com- apportioned under this section shall engage ers. Road Ranger trucks continuously in regional collaboration and coordination muter Transportation, and the Surface activities to develop the regional traffic inci- rove the expressways looking for Transportation Policy Project. dent management plan required for the ur- stranded motorists, debris, traffic acci- I urge my colleagues to join us in banized area under that paragraph. dents or other incidents. In 2002, this this effort to ensure safe and open ‘‘(B) PLAN ELEMENTS.—The regional traffic program utilized 83 vehicles and per- roads. incident management plan for an urbanized formed 279,525 service assists. I ask unanimous consent, that the area under paragraph (1) shall include— This bill would authorize $1 billion text of the bill be printed in the ‘‘(i) a strategy, adopted by transportation, public safety, and appropriate private sector per year through 2010, from the High- RECORD. participants, for funding, implementing, way Trust Fund to create and improve There being no objection, the bill was programs like Road Rangers. The funds managing, operating, and evaluating the ordered to be printed in the RECORD, as traffic incident management program initia- would be distributed to the states follows: tives and activities for the urbanized area in based on their amount of urbanized S. 2960 a manner that ensures regional coordination areas with greater than 300,000 people. Be it enacted by the Senate and House of Rep- of those initiatives and activities; The state would then be required to al- resentatives of the United States of America in ‘‘(ii) an estimate of the impact of the plan locate the funds to those targeted Congress assembled, on traffic delays; and ‘‘(iii) a description of the means by which urban areas. There are roughly 100 ur- SECTION 1. SHORT TITLE. traffic incident management information banized areas with a population of This Act may be cited as the ‘‘Rush Hour will be shared among operators, service pro- 300,000 or higher in 42 states. Urban Congestion Relief Act of 2004’’. viders, public safety officials, and the gen- areas would be required to develop an SEC. 2. TRAFFIC INCIDENT MANAGEMENT PRO- eral public. incident management plan before re- GRAM. ‘‘(d) FUNDING.— (a) IN GENERAL.—Subchapter I of chapter 1 ceiving direct funding for their pro- ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— gram. This way, all of the stakeholders of title 23, United States Code, is amended by inserting after section 138 the following: There is authorized to be appropriated from in a region will have an opportunity to the Highway Trust Fund (other than the participate in the design and operation ‘‘§ 139. Traffic incident management program Mass Transit Account) to carry out this sec- of the incident management program. ‘‘(a) IN GENERAL.—The Secretary shall es- tion $1,000,000,000 for each of fiscal years 2005 The only way it can work is with re- tablish and implement a traffic incident through 2010. management program in accordance with gional cooperation. The Rush Hour ‘‘(2) APPORTIONMENT AMONG STATES.— this section to assist States and localities Funds made available under paragraph (1) Congestion Relief Act of 2004 would in— shall be apportioned among the States in the fund initiatives like the current pilot ‘‘(1) regional traffic incident management proportion that— program in Orlando to provide radio program planning; and ‘‘(A) the aggregate population of the State, and telecommunications equipment to ‘‘(2) carrying out projects to mitigate the or part of the State, in urbanized areas with enhance coordination between Florida effects of traffic delays resulting from acci- a population greater than 300,000; bears to Highway Patrol and Road Rangers. It dents, breakdowns, and other non-recurring ‘‘(B) the total population of all States, or will also provide needed funding for in- incidents on highways. parts of all States, in those urbanized areas. ‘‘(b) USE OF FUNDS.—Funds apportioned to cident management training. In 2001, 59 ‘‘(3) DISTRIBUTION WITHIN STATES.—Funds a State under this section may be used for— apportioned to a State under paragraph (2) percent of all police casualties oc- ‘‘(1) regional collaboration and coordina- shall be made available to carry out projects curred during a response to a traffic in- tion activities that lead to regional traffic and activities under regional traffic incident cident. Funding under this bill would incident management policies, programs, management plans in each urbanized area in give first responders the tools and plans, procedures, and agreements; the State with a population greater than training necessary to reduce that risk. ‘‘(2) purchase or lease of telecommuni- 300,000 in the proportion that— I am proud to introduce this bill cations equipment for first responders as ‘‘(A) the population of the urbanized area, today because incident management part of the development of a regional traffic or part of the urbanized area, in the State; works. According to the TTI, incident incident management program; bears to ‘‘(3) purchase or lease of equipment to sup- management has already reduced delay ‘‘(B) the total population of all urbanized port the clearance of traffic incidents; areas in the State. on our roads by 170 million hours. Had ‘‘(4) payments to contractors for towing we employed these programs to all of ‘‘(e) DETERMINATION OF POPULATIONS.—For and recovery services as part of a regional the purpose of determining populations of our congested highways, American traffic incident management program; areas under this section, the Secretary shall would have spent 239 million less hours ‘‘(5) rental of vehicle storage or staging use information from the most current de- on the road. To put this into perspec- areas immediately adjacent to roadways as cennial census, as supplied by the Secretary tive, it would take the construction of part of a regional traffic incident manage- of Commerce.’’. ment program; over 200 miles of a six-lane highway to (b) CONFORMING AMENDMENT.—The analysis ‘‘(6) traffic service patrols as part of a re- for subchapter I of chapter 1 of title 23, achieve the same level of time savings. gional traffic incident management program; United States Code, is amended by inserting Not only are these programs effec- ‘‘(7) enhanced hazardous materials incident after the item relating to section 138 the fol- tive, they save far more than they cost. response; lowing: In States like Minnesota, annual sav- ‘‘(8) traffic management systems in sup- ings from incident management was es- port of traffic incident management; ‘‘139. Traffic incident management program.’’.

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00095 Fmt 4624 Sfmt 0655 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10858 CONGRESSIONAL RECORD — SENATE October 8, 2004 By Mr. LEAHY (for himself, Mr. velop the best solutions for the place- tations, assertions, and promises to govern- JEFFORDS, and Mr. DODD): ment of cell phone and broadcast tow- mental authorities. S. 2963. A bill to amend the Commu- ers. (b) PURPOSE.—The purpose of this Act is to nications Act of 1934 to clarify and re- Communities across the country un- confirm that State and local governments are the appropriate entities— affirm State and local authority to reg- derstand the growing demand for cel- (1) to regulate the placement, construc- ulate the placement, construction, and lular services will result in new towers, tion, and modification of broadcast trans- modification of broadcast transmission and they welcome the improvement in mission facilities consistent with State and facilities, and for other purposes; to service that this increased infrastruc- local zoning, construction and building, envi- the Committee on Commerce, Science, ture will bring. However, they also ronmental, and land use regulations; and Transportation. want to make sure that their towns do (2) to regulate the placement, construc- not become little more than pin- tion, and modification of broadcast trans- By Mr. LEAHY (for himself, Mr. cushions for new cellular towers. These mission facilities so that their placement, construction, or modification will not inter- JEFFORDS, and Mr. DODD): goals are not mutually exclusive. 2964. A bill to amend the Communica- fere with the safe and efficient use of public I thank again Senator JEFFORDS and airspace or otherwise compromise or endan- tions Act of 1934 to clarify and reaffirm Senator DODD, and I urge my col- ger the health, safety, and general welfare of State and local authority to regulate leagues to join us in supporting this the public; and the placement, construction, and modi- legislation. I ask unanimous consent (3) to hold accountable applicants for per- fication of personal wireless services that the text of these two bills be mits for the placement, construction, or facilities, and for other purposes; to printed in the RECORD. modification of broadcast transmission fa- the Committee on Commerce, Science, There being no objection, the bills cilities, and providers of services using such and Transportation. were ordered to be printed in the facilities, for the truthfulness and accuracy Mr. LEAHY. Mr. President, as in of representations and statements placed in RECORD, as follows: the record of hearings for such permits, li- years past, I am offering today two S. 2963 censes, or approvals. pieces of legislation that would close a Be it enacted by the Senate and House of Rep- SEC. 3. PROHIBITION ON ADOPTION OF RULE RE- loophole in the 1996 Telecommuni- resentatives of the United States of America in GARDING PREEMPTION OF STATE cations Act, and as in years past I am Congress assembled, AND LOCAL AUTHORITY OVER pleased that I am joined by Senators SECTION 1. SHORT TITLE. BROADCAST TRANSMISSION FACILI- TIES. JEFFORDS and DODD. This Act may be cited as the ‘‘Local Con- Notwithstanding any other provision of trol of Broadcast Towers Act’’. The catalog of complaints about the law, the Federal Communications Commis- 1996 act continues to grow, and as it be- SEC. 2. FINDINGS AND PURPOSE. sion shall not adopt as a final rule or other- comes more apparent that this flawed (a) FINDINGS.—Congress makes the fol- wise directly or indirectly implement any statute is in need of repair, I grow ever lowing findings: portion of the proposed rule set forth in more proud that I was one of five Sen- (1) The placement, construction, and modi- ‘‘Preemption of State and Local Zoning and fication of broadcast transmission facilities ators to have voted against that law. Land Use Restrictions on Siting, Placement near residential communities and facilities and Construction of Broadcast Station In the coming Congress, we will be such as schools can greatly reduce the value revisiting the 1996 Act. While we should Transmission Facilities’’, MM Docket No. 97– of residential properties, destroy the views 182, released August 19, 1997. rightly examine the various provisions from properties, produce radio frequency interference, raise concerns about potential SEC. 4. AUTHORITY OVER PLACEMENT, CON- related to telephone competition, STRUCTION, AND MODIFICATION OF broadband, and subscriber television long-term health effects of such facilities, BROADCAST TRANSMISSION FACILI- rates, there are other important issues and reduce substantially the desire to live in TIES. that we need to address. the areas of such facilities. Part I of title III of the Communications (2) States and local governments have tra- The 1996 Telecommunications Act Act of 1934 (47 U.S.C. 301 et seq.) is amended ditionally regulated development and should by adding at the end the following: contained a provision that allowed the be able to exercise control over the place- Federal Communications Commission ‘‘SEC. 340. STATE AND LOCAL AUTHORITY OVER ment, construction, and modification of PLACEMENT, CONSTRUCTION, AND to preempt the decisions of local au- broadcast transmission facilities through the MODIFICATION OF BROADCAST thorities as to the placement of cell use of zoning and other land use regulations TRANSMISSION FACILITIES. phone towers. In 1997, the Federal Com- relating to the protection of the environ- ‘‘(a) AUTHORITY TO REQUIRE LEAST INTRU- munications Commission seized on the ment, public health and safety, and the gen- SIVE FACILITIES.— legislative loophole, proposing an ex- eral welfare of the community and the pub- ‘‘(1) IN GENERAL.—A State or local govern- lic. pansive new rule that prevented State ment may deny an application to place, con- (3) The Federal Communications Commis- struct, or modify broadcast transmission fa- and local zoning laws from regulating sion establishes policies to govern interstate cilities on the basis that alternative tech- the placement of cellular and broad- and international communications by tele- nologies, delivery systems, or structures are cast towers based on environmental vision, radio, wire, satellite, and cable. The capable of delivering broadcast signals com- considerations, aviation safety, or Commission ensures compliance of such ac- parable to that proposed to be delivered by other locally determined matters. tivities with applicable Federal laws, includ- such facilities in a manner that is less intru- Local and State governments were no ing the National Environmental Policy Act sive to the community concerned than such longer empowered to shape the appear- of 1969 and the National Historic Preserva- facilities. tion Act, in its decision-making on such ac- ance of their communities. ‘‘(2) CONSIDERATIONS.—In determining tivities. under paragraph (1) the intrusiveness of I fought this proposed rule and was (4) The Commission defers to State and technologies, delivery systems, or structures joined by many Vermonters, including local authorities which regulate the place- for the transmission of broadcast signals, a former-Governor Dean, the Vermont ment, construction, and modification of State or local government may consider the Environmental Board, mayors, zoning broadcast transmission facilities through the aesthetics of such technologies, systems, or officials, and numerous others. We use of zoning, construction and building, and structures, the environmental impact of took our case to the Supreme Court environmental and safety regulations in such technologies, systems, or structures, and filed an amicus brief, arguing that order to protect the environment and the and the radio frequency interference or radi- the preemption of that local power to health, safety, and general welfare of com- ation emitted by such technologies, systems, munities and the public. or structures. regulate land use was a clear violation (5) On August 19, 1997, the Commission ‘‘(3) BURDEN OF PROOF.—In any hearing for of the U.S. Constitution. It is unfortu- issued a proposed rule, MM Docket No. 97– purposes of the exercise of the authority in nate that the Court would not hear 182, which would preempt the application of paragraph (1), the burden shall be on the ap- that case. It is time to give that con- most State and local zoning, environmental, plicant. trol back to the local governments by construction and building, and other regula- ‘‘(b) RADIO INTERFERENCE.—A State or enacting my legislation. tions affecting the placement, construction, local government may regulate the location, The two bills that we are reintro- and modification of broadcast transmission height, or modification of broadcast trans- ducing today will not tip the scales, facilities. mission facilities in order to address the ef- (6) The telecommunications industry and fects of radio frequency interference caused but they will even them out a bit. They its experts should be expected to have access by such facilities on local communities and will allow local officials to use State to the best and most recent technical infor- the public. and local regulations to work with the mation and should therefore be held to the ‘‘(c) AUTHORITY TO REQUIRE STUDIES AND Federal Government in order to de- highest standards in terms of their represen- DOCUMENTATION.—No provision of this Act

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2004 CONGRESSIONAL RECORD — SENATE S10859 may be interpreted to prohibit a State or (4) Under section 332(c)(7)(A) of the Com- services facilities so that they will not inter- local government from— munications Act of 1934 (47 U.S.C. fere with the safe and efficient use of public ‘‘(1) requiring a person seeking authority 332(c)(7)(A)), the Commission defers to State airspace or otherwise compromise or endan- to place, construct, or modify broadcast and local authorities that regulate the place- ger the public health and safety and the gen- transmission facilities to produce— ment, construction, and modification of eral welfare of the community and the pub- ‘‘(A) environmental, biological, and health wireless facilities through the use of zoning lic; and studies, engineering reports, or other docu- and other land use regulations. (C) to hold accountable applicants for per- mentation of the compliance of such facili- (5) Alternative technologies for the place- mits for the placement, construction, or ties with radio frequency exposure limits, ment, construction, and modification of modification of personal wireless services fa- radio frequency interference impacts, and wireless facilities may meet the needs of a cilities, and providers of services using such compliance with applicable laws, rules, and wireless services provider in a less intrusive facilities, for the truthfulness and accuracy regulations governing the effects of such fa- manner than the technologies proposed by of representations and statements placed in cilities on the environment, public health the wireless services provider, including the the record of hearings for permits, licenses, and safety, and the general welfare of the use of small towers that do not require or approvals for such facilities. community and the public; and blinking aircraft safety lights, break sky- SEC. 3. STATE AND LOCAL AUTHORITY OVER ‘‘(B) documentation of the compliance of lines, or protrude above tree canopies. PLACEMENT, CONSTRUCTION, AND such facilities with applicable Federal, (6) It is in the interest of the Nation that MODIFICATION OF PERSONAL WIRE- State, and local aviation safety standards or the requirements of the Commission with re- LESS SERVICES FACILITIES. aviation obstruction standards regarding ob- spect to the application of State and local (a) LIMITATIONS ON STATE AND LOCAL REGU- jects effecting navigable airspace; or ordinances to the placement, construction LATION OF FACILITIES.—Subparagraph (B) of ‘‘(2) refusing to grant authority to such and modification of wireless facilities (for section 332(c)(7) of the Communications Act person to place, construct, or modify such fa- example WT Docket No. 97–192, ET Docket of 1934 (47 U.S.C. 332(c)(7)) is amended— cilities within the jurisdiction of such gov- No. 93–62, RM–8577, and FCC 97–303, 62 FR (1) by striking clause (iv); ernment if such person fails to produce stud- 47960) be modified so as— (2) by redesignating clause (v) as clause ies, reports, or documentation required (A) to permit State and local governments (iv); and under paragraph (1). to exercise their zoning and other land use (3) in clause (iv), as so redesignated— ‘‘(d) CONSTRUCTION.—Nothing in this sec- authorities to regulate the placement, con- (A) in the first sentence, by striking ‘‘may, tion may be construed to prohibit or other- struction, and modification of such facili- within 30 days’’ and all that follows through wise limit the authority of a State or local ties; and the end of the sentence and inserting ‘‘may government to ensure compliance with or (B) to place the burden of proof in civil ac- commence an action in any court of com- otherwise enforce any statements, assertions, and in actions before the Commission petent jurisdiction. Such action shall be tions, or representations filed or submitted and State and local authorities relating to commenced within 30 days after such action by or on behalf of an applicant with the the placement, construction, and modifica- or failure to act unless the State concerned State or local government for authority to tion of such facilities, on the person that has established a different period for the place, construct, or modify broadcast trans- seeks to place, construct, or modify such fa- commencement of such action.’’; and mission facilities within the jurisdiction of cilities. (B) by striking the third sentence and in- the State or local government. (7) PCS-Over-Cable, PCS-Over-Fiber Optic, serting the following: ‘‘In any such action in ‘‘(e) BROADCAST TRANSMISSION FACILITY and satellite telecommunications systems, which a person seeking to place, construct, DEFINED.—In this section, the term ‘broad- including Low-Earth Orbit satellites, offer a or modify a personal wireless services facil- cast transmission facility’ means the equip- significant opportunity to provide so-called ity is a party, such person shall bear the bur- ment, or any portion thereof, with which a ‘‘911’’ emergency telephone service through- den of proof, regardless of who commences broadcaster transmits and receives the ra- out much of the United States without un- such action.’’. diofrequency waves that carry the services of duly intruding into or effecting the environ- (b) PROHIBITION ON ADOPTION OF RULE RE- GARDING RELIEF FROM STATE AND LOCAL REG- the broadcaster, regardless of whether the ment, public health and safety, and the gen- ULATION OF FACILITIES.—Notwithstanding equipment is sited on one or more towers or eral welfare of the community and the pub- any other provision of law, the Federal Com- other structures owned by a person or entity lic. munications Commission shall not adopt as other than the broadcaster, and includes the (8) The Federal Aviation Administration location of such equipment.’’. a final rule or otherwise directly or indi- must rely upon State and local governments rectly implement any portion of the pro- S. 2964 to regulate the placement, construction, and posed rule set forth in ‘‘Procedures for Re- Be it enacted by the Senate and House of Rep- modification of telecommunications facili- viewing Requests for Relief From State and resentatives of the United States of America in ties near airports or high-volume air traffic Congress assembled, Local Regulation Pursuant to Section areas such as corridors of airspace or com- 332(c)(7)(B)(v) of the Communications Act of SECTION 1. SHORT TITLE. monly used flyways. The proposed rules of 1934’’, WT Docket No. 97–192, released August This Act may be cited as the ‘‘Local Con- the Commission to preempt State and local 25, 1997. trol of Cellular Towers Act’’. zoning and other land-use regulations for the (c) AUTHORITY OVER PLACEMENT, CON- SEC. 2. FINDINGS AND PURPOSES. siting of such facilities will have a serious STRUCTION, AND MODIFICATION OF FACILI- (a) FINDINGS.—Congress makes the fol- negative impact on aviation safety, airport TIES.—Such section 332(c)(7) is further lowing findings: capacity and investment, the efficient use of amended— (1) The placement, construction, and modi- navigable airspace, public health and safety, (1) by redesignating subparagraph (C) as fication of personal wireless services facili- and the general welfare of the community subparagraph (D); and ties (also known as wireless facilities) near and the public. (2) by inserting after subparagraph (B) the residential communities and facilities such (9) The telecommunications industry and following new subparagraph (C): as schools can greatly reduce the value of its experts should be expected to have access ‘‘(C) ADDITIONAL LIMITATIONS.— residential properties, destroy the views to the best and most recent technical infor- ‘‘(i) AUTHORITY TO REQUIRE LEAST INTRU- from properties, produce radio frequency in- mation and should therefore be held to the SIVE FACILITIES.— terference, raise concerns about potential highest standards in terms of their represen- ‘‘(I) IN GENERAL.—A State or local govern- long-term health effects of such facilities, tations, assertions, and promises to government may deny an application to place, con- and reduce substantially the desire to live in mental authorities. struct, or modify personal wireless services the areas of such facilities. (b) PURPOSES.—The purposes of this Act facilities on the basis that alternative tech- (2) States and local governments have tra- are as follows: nologies, delivery systems, or structures are ditionally regulated development and should (1) To repeal certain limitations on State capable of delivering a personal wireless be able to exercise control over the place- and local authority regarding the placement, services signal comparable to that proposed ment, construction, and modification of construction, and modification of personal to be delivered by such facilities in a manner wireless facilities through the use of zoning wireless services facilities under section that is less intrusive to the community con- and other land use regulations relating to 332(c)(7) of the Communications Act of 1934 cerned than such facilities. the protection of the environment, public (47 U.S.C. 332(c)(7)). ‘‘(II) CONSIDERATIONS.—In determining health and safety, and the general welfare of (2) To permit State and local govern- under subclause (I) the intrusiveness of tech- the community and the public. ments— nologies, delivery systems, or structures for (3) The Federal Communications Commis- (A) to regulate the placement, construc- personal wireless services facilities, a State sion establishes policies to govern interstate tion, or modification of personal wireless or local government may consider the aes- and international communications by tele- services facilities with respect to their im- thetics of such technologies, systems, or vision, radio, wire, satellite, and cable. The pacts on land use, including radio frequency structures, the environmental impact of Commission ensures the compliance of such interference and radio frequency radiation, such technologies, systems, or structures, activities with a variety of Federal laws, in- in order to protect the environment, public and the radio frequency interference or radi- cluding the National Environmental Policy health and safety, and the general welfare of ation emitted by such technologies, systems, Act of 1969 and the National Historic Preser- the community and the public; or structures. vation Act, in its decision-making on such (B) to regulate the placement, construc- ‘‘(III) BURDEN OF PROOF.—In any hearing activities. tion, and modification of personal wireless for purposes of the exercise of the authority

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10860 CONGRESSIONAL RECORD — SENATE October 8, 2004 in subclause (I), the burden shall be on the demonstrated their effectiveness in with such performance standard must be es- applicant. stopping unauthorized access to their tablished by objective testing. ‘‘(ii) RADIO INTERFERENCE.—A State or contents, not only protecting valuable ‘‘(d) SPECIAL RULES.— ‘‘(1) DENIAL OF DOUBLE BENEFIT.—No deduc- local government may regulate the location, guns but also preventing their acci- height, or modification of personal wireless tion shall be allowed under this chapter with services facilities in order to address the ef- dental or criminal misuse. respect to any expense which is taken into fects of radio frequency interference caused With more than 200 million privately- account in determining the credit under this by such facilities on local communities and owned firearms in the United States, section. the public. this Nation clearly has an interest in ‘‘(2) MARRIED COUPLES MUST FILE JOINT RE- ‘‘(iii) AUTHORITY TO REQUIRE STUDIES AND encouraging safe gun storage. The TURN.—If the taxpayer is married at the DOCUMENTATION.—No provision of this Act Child Safety and Home Protection Act close of the taxable year, the credit shall be may be interpreted to prohibit a State or of 2004 serves that goal by allowing in- allowed under subsection (a) only if the taxpayer and taxpayer’s spouse file a joint re- local government from— dividuals to keep a little bit of their ‘‘(I) requiring a person seeking authority turn for the taxable year. to place, construct, or modify personal wire- own hard-earned dollars to make a key ‘‘(3) MARITAL STATUS.—Marital status shall less services facilities to produce— investment in gun safety through the be determined in accordance with section ‘‘(aa) environmental, biological, and health purchase and installation of a gun safe. 7703. studies, engineering reports, or other docu- I say to all my colleagues: If you be- ‘‘(e) ELECTION TO HAVE CREDIT NOT mentation of the compliance of such facili- lieve, as I do, that the right to keep APPLY.—A taxpayer may elect to have this ties with radio frequency exposure limits, and bear arms carries with it a respon- section not apply for any taxable year. radio frequency interference impacts, and ‘‘(f) REGULATIONS.—The Secretary shall sibility to use firearms safely and law- prescribe such regulations as may be nec- compliance with applicable laws, rules, and fully, I hope you will join me in sup- regulations governing the effects of such fa- essary to ensure that residential gun safes cilities on the environment, public health porting this important measure to pro- qualifying for the credit meet design and and safety, and the general welfare of the mote secure gun storage. performance standards sufficient to ensure community and the public; and I ask unanimous consent that the the provisions of this section are carried out. ‘‘(bb) documentation of the compliance of text of the bill be printed in the ‘‘(g) STATUTORY CONSTRUCTION; EVIDENCE; such facilities with applicable Federal, RECORD. USE OF INFORMATION.— State, and local aviation safety standards or There being no objection, the bill was ‘‘(1) STATUTORY CONSTRUCTION.—Nothing in aviation obstruction standards regarding ob- this section shall be construed— ordered to be printed in the RECORD, as ‘‘(A) as creating a cause of action against jects effecting navigable airspace; or follows: ‘‘(II) refusing to grant authority to such any firearms dealer or any other person for person to place, construct, or modify such fa- S. 2966 any civil liability, or cilities within the jurisdiction of such gov- Be it enacted by the Senate and House of Rep- ‘‘(B) as establishing any standard of care. ernment if such person fails to produce stud- resentatives of the United States of America in ‘‘(2) EVIDENCE.—Notwithstanding any other ies, reports, or documentation required Congress assembled, provision of law, evidence regarding the use under subclause (I). SECTION 1. SHORT TITLE. or nonuse by a taxpayer of the tax credit ‘‘(iv) CONSTRUCTION.—Nothing in this sub- This Act may be cited as the ‘‘Child Pro- under this section shall not be admissible as paragraph may be construed to prohibit or tection and Home Safety Act of 2004’’. evidence in any proceeding of any court, otherwise limit the authority of a State or agency, board, or other entity for the pur- SEC. 2. CREDIT FOR RESIDENTIAL GUN SAFE poses of establishing liability based on a local government to ensure compliance with PURCHASES. civil action brought on any theory for harm or otherwise enforce any statements, asser- (a) IN GENERAL.—Subpart A of part IV of caused by a product or by negligence, or for tions, or representations filed or submitted subchapter A of chapter 1 of the Internal purposes of drawing an inference that the by or on behalf of an applicant with the Revenue Code of 1986 (relating to nonrefund- taxpayer owns a firearm. State or local government for authority to able personal credits) is amended by insert- ‘‘(3) USE OF INFORMATION.—No database place, construct, or modify personal wireless ing after section 25B the following new sec- identifying gun owners may be created using services facilities within the jurisdiction of tion: the State or local government.’’. information from tax returns on which the ‘‘SEC. 25C. PURCHASE OF RESIDENTIAL GUN credit under this section is claimed.’’. SAFES. By Mr. CRAIG (for himself, Mr. (b) CONFORMING AMENDMENT.—Section ‘‘(a) ALLOWANCE OF CREDIT.—In the case of 6501(m) of the Internal Revenue Code of 1986 DASCHLE, and Mr. SCHUMER): an individual, there shall be allowed as a S. 2966. A bill to amend the Internal is amended by inserting ‘‘25C(e),’’ before credit against the tax imposed by this chap- ‘‘30(d)(4),’’. Revenue Code of 1986 to provide for a ter for the taxable year an amount equal to (c) CLERICAL AMENDMENT.—The table of nonrefundable tax credit against in- 25 percent of the amount paid or incurred by sections for subpart A of part IV of sub- come tax for individuals who purchase the taxpayer during such taxable year for chapter A of chapter I of the Internal Rev- a residential safe storage device for the the purchase of a qualified residential gun enue Code of 1986 is amended by inserting safe storage of firearms; to the Com- safe. after the item relating to section 25B the fol- mittee on Finance. ‘‘(b) LIMITATIONS.— lowing new item: ‘‘(1) MAXIMUM CREDIT.—The credit allowed Mr. CRAIG. Mr. President, I rise to ‘‘25C. Purchase of residential gun safes.’’. under subsection (a) with respect to any introduce the Child Safety and Home qualified residential gun safe shall not ex- (d) EFFECTIVE DATE.—The amendments Protection Act of 2004, to provide a ceed $250. made by this section shall apply to taxable limited tax credit for individuals who ‘‘(2) CARRYFORWARD OF UNUSED CREDIT.—If years beginning after December 31, 2003. purchase a gun safe to store firearms in the credit allowable under subsection (a) for their homes. Under this legislation, any taxable year exceeds the limitation im- By Ms. SNOWE (for herself and taxpayers would receive a 25 percent posed by section 26(a) for such taxable year Mr. ROCKEFELLER): credit up to $250 for the cost of pur- reduced by the sum of the credits allowable S. 2967. A bill to provide for the im- chasing, shipping, and installing a gun under this subpart (other than this section plementation of a Green Chemistry Re- safe. and section 23), such excess shall be carried search and Development Program, and We have seen passionate debates in to the succeeding taxable year and added to for other purposes; to the Committee the Senate on political issues involving the credit allowable under subsection (a) for on Commerce, Science, and Transpor- such taxable year. No credit may be carried guns, but there is no dispute about the tation. forward under this subsection to any taxable Ms. SNOWE. Mr. President, I rise importance of preventing firearms ac- year following the third taxable year after cidents and theft. We all want to make the taxable year in which the purchase or today to introduce bipartisan legisla- sure guns do not fall into the hands of purchases are made. For purposes of the pre- tion, ‘‘The Green Chemistry Research people who would mishandle them and ceding sentence, credits shall be treated as and Development Act,’’ with Senator cause accidental harm, or who intend used on a first-in first-out basis. ROCKEFELLER. Green chemistry is a to abuse them for criminal purposes. ‘‘(c) QUALIFIED RESIDENTIAL GUN SAFE.— science-based approach to pollution Responsible gun owners share those For purposes of this section, the term ‘quali- prevention, seeking to reduce the concerns and take safety issues seri- fied residential gun safe’ means any con- chemical impact on the environment tainer not intended for the display of fire- by developing non-toxic technology. ously. arms which is specifically designed to store The firearms industry has responded or safeguard firearms from unauthorized ac- The American chemical, pharma- by offering a variety of devices de- cess and which meets a performance stand- ceutical and biotechnology industries, signed to enhance secure storage and ard for an adequate security level. For pur- as well as the American Chemical Soci- safe use of firearms. Gun safes have poses of the preceding sentence, compliance ety, support this legislation, which

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00098 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2004 CONGRESSIONAL RECORD — SENATE S10861 promises to speed the development of ticides that target specific insects UM would expand work on interfacial as- environmentally benign chemical tech- while avoiding harm to other species, pects of polymeric based composite mate- nology. I would like to request that a and, through steadfast commitment to rials, including primarily paper, and wood letter in support of this legislation composites. The paper industry would ben- avoiding environmental harm, are de- efit from development of solvent free release from Dr. Michael J. Eckardt, Vice signed to degrade into harmless mate- coatings, coatings for solvent free inks, and President for Research at the Univer- rials after serving their purpose, rather water based gravure printing. UM would also sity of Maine, be printed in the RECORD than dangerously persisting in the en- expand its work to help Maine’s emerging ex- Green chemistry research and devel- vironment. Green chemistry R & D is truded wood/thermoplastic composites indus- opment improves technology used in also discovering methods for using car- try develop new water based coatings and ad- industrial procedures and promotes the bon dioxide as a feedstock for indus- hesive systems to replace current solvent design of safer chemicals, the use of trial processes, rather than as a harm- based methods and chemistries that involve sustainable resources, the use of bio- formaldehyde. ful byproduct, thus reducing green- Thank you for considering this request and technology alternatives to chemistry- house gas emissions. for your continued support for research at based solutions, and an understanding I could continue, but the windfalls the University of Maine. of the chemical aspects of renewable are just too many to enumerate here. Sincerely yours, energy. Clearly, there is a need to pro- From removing public health threats, MICHAEL J. ECKARDT, Ph.D., mote this emerging field, still rel- to enhancing worker safety, to contrib- Vice President for Research. atively unknown, which furnishes both uting to the battle against human-in- By Mr. REED (for himself, Mr. economic and environmental rewards— duced global warming, the multiple KENNEDY, Mr. WARNER, Mr. proving that the two are not, in fact, benefits of green chemistry research DASCHLE, Ms. SNOWE, Mr. DODD, mutually exclusive. and development are truly exciting, Mrs. CLINTON, Mr. DORGAN, Mr. The legislation establishes a Green which is why this legislation has BAYH, Mr. SCHUMER, Mr. JOHN- Chemistry Research and Development strong support from both environ- Program to promote and coordinate SON, and Mr. DAYTON): mentalists and the chemical industry. S. 2968. A bill to amend the Public Federal green chemistry research, de- One of many chemical company execu- velopment, demonstration, education, Health Service Act to address the tives singing the praises of green chem- shortage of influenza vaccine, and for and technology transfer activities, istry R & D, David Buzzelli of Dow through an interagency working group other purposes; to the Committee on Chemical Company aptly stated, Health, Education, Labor, and Pen- consisting of the National Science ‘‘Green chemistry technology is testa- Foundation, the National Institute of sions. ment that when we merge our environ- Mr. REED. I ask unanimous consent Standards and Technology, the Depart- mental commitment with innovative that the text of the bill be printed in ment of Energy, and the Environ- chemistry, we can create results that the RECORD. mental Protection Agency. The pro- benefit our customers and society.’’ There being no objection, the bill was gram would provide sustained support My colleagues, by passing this bipar- ordered to be printed in the RECORD, as through merit-based competitive re- tisan legislation and thereby coordi- follows: search grants, research and develop- nating and supporting ongoing green S. 2968 ment partnerships between univer- chemistry research and development, Be it enacted by the Senate and House of Rep- sities, industry and nonprofit organiza- we speed these benefits along to all resentatives of the United States of America in tions, and research and development Americans by acting both as stalwart Congress assembled, conducted at federal laboratories. environmental stewards and innovative SECTION 1. SHORT TITLE. Green chemistry R & D benefits all supporters of environmentally friendly This Act may be cited as the ‘‘Emergency regions of our country, but let me industrial processes. I strongly urge Flu Response Act of 2004’’. share with you an example of how one you to support this legislation—and to SEC. 2. EMERGENCY FLU RESPONSE. company, Correct Deck, located in Bid- consider the business opportunities and Title XXI of the Public Health Service Act deford, Maine, has successfully used environmental benefits that the prom- (42 U.S.C. 300aa–1 et seq.) is amended by adding at the end the following: green chemistry technology to grow its ising field of green chemistry could ‘‘Subtitle 3—Influenza Vaccine business. As you may know, the Envi- bring to your respective states. ronmental Protection Agency has There being no objection, the letter ‘‘SEC. 2141. DEFINITION. ‘‘In this subtitle, the term ‘priority group’ issued a stricter arsenic regulation due was ordered to be printed in the to concerns about the public health ef- means a group described as a priority group RECORD, as follows: for vaccination with influenza vaccine in fects posed by the chemical, which is THE UNIVERSITY OF MAINE, recommendations entitled ‘Interim Influenza commonly found in wood that has been Orono, ME, September 13, 2004. Vaccination Recommendations - 2004-2005 In- treated to repel insects before being Hon. OLYMPIA SNOWE, fluenza Season’, dated October 5, 2004, or any used for constructing outdoor decks U.S. Senate, successor to such recommendations issued and playground equipment. These EPA Washington, DC. by the Secretary. regulations will take effect in 2006. DEAR SENATOR SNOWE: We request your ‘‘SEC. 2142. EMERGENCY ACCESS TO INFLUENZA Correct Deck, taking advantage of a support for legislation pending in the Senate VACCINE. ‘‘(a) DECLARATION OF EMERGENCY.— technology brought about through to provide for the implementation of a green chemistry research and development pro- ‘‘(1) IN GENERAL.—Under section 564(b)(1)(C) green chemistry research and develop- gram. The University of Maine is a member of the Federal Food, Drug, and Cosmetic Act ment, manufactures a wood com- of the New England Green Chemistry Consor- (21 U.S.C. 360bbb–3(b)(1)(C)), the Secretary posite—a blend of sawdust and plas- tium and we are working with several busi- shall immediately declare the shortage of in- tic—that closely resembles the board- nesses in Maine to introduce green chem- fluenza vaccine in the United States for the ing used on wood decks. Yet this com- istry manufacturing techniques and proc- 2004-2005 influenza season to be an emergency posite does not splinter, requires less esses to improve manufacturing productivity justifying an authorization for a product maintenance than wood, is not suscep- and help the environment. Federal invest- under section 564 of such Act (21 U.S.C. 360bbb). tible to termites, and most impor- ments in green chemistry research and development would support the University’s ef- ‘‘(2) DETERMINATION.—For the purpose of tantly, contains no harmful chemicals. forts to advance green chemistry practices in making determinations under section By staying ahead of the curve, Correct Maine and the New England states. 564(b)(1)(C) of such Act to carry out para- Deck has seen sales of its wood com- As you may know, on April 21, 2004 the graph (1), the Secretary— posite skyrocket, and has since been House of Representatives passed HR 3970, the ‘‘(A) shall deem the shortage to be a public striving to meet the ballooning demand Great Chemistry Research and Development health emergency described in such section; for non-arsenic treated products for Act. The bill was referred to the Senate and decks. Thus an environmental benefit Commerce Committee on April 22. We re- ‘‘(B) shall deem influenza virus to be a bio- quest your support for this legislation in the logical agent. also proves profitable. Senate. ‘‘(3) CONSTRUCTION.—Nothing in this sub- The breadth of green chemistry’s Federally funded research at the Univer- section shall be considered to invoke the au- positive impact on our lives extends far sity of Maine on green chemistry tech- thorities described in section 319, or to limit beyond decks. Also in the process of de- nologies would enhance our work in the area the ability of the Secretary to invoke such velopment are next-generation pes- of natural resource processing. Specifically, authorities.

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‘‘(b) SEEKING INFLUENZA VACCINE.—The ‘‘SEC. 2144. EFFECTIVE MONITORING OF THE NA- that the Secretary can distribute the doses Secretary shall promptly consult with the TION’S INFLUENZA VACCINE SUP- for administration to individuals in the pri- health ministries of Canada, countries that PLY. ority groups. are members of the European Union as of ‘‘(a) MANUFACTURERS.—Not later than 15 ‘‘SEC. 2148. ENHANCING EXISTING COUNTER- January 1, 2003, Japan, and Switzerland to days after the date of enactment of the MEASURES AGAINST INFLUENZA. assess the availability of influenza vaccine Emergency Flu Response Act of 2004 and ‘‘(a) AUTHORIZATION TO PURCHASE.—The for the 2004-2005 influenza season that— every 30 days thereafter, any person who Secretary may, subject to amounts appro- ‘‘(1) has been approved, licensed, or other- manufactures influenza vaccine for introduc- priated under subsection (d), purchase at a wise cleared for marketing by the relevant tion into interstate commerce shall prepare reasonable negotiated price, such additional regulatory agency in such a country; and and submit to the Secretary a summary re- amounts of any drug approved by the Com- ‘‘(2) is in excess of the needs in such coun- port that lists— missioner of Food and Drugs to treat influ- try for the vaccination of persons at high ‘‘(1) each client, both public and private, enza as are determined necessary by the Sec- risk for complications from influenza. who purchased influenza vaccine from the retary. manufacturer during the period covered by ‘‘(c) ISSUANCE OF AUTHORIZATION.— ‘‘(b) ADDITION TO STOCKPILE.—The Sec- the report; and ‘‘(1) IN GENERAL.—The Secretary shall retary shall include any drug purchased promptly evaluate available influenza vac- ‘‘(2) the number of doses of influenza vac- under subsection (a) in the stockpile estab- cine (as identified under subsection (b)) to cine sold to each client during the period. lished under section 121 of the Public Health determine whether the vaccine meets the ‘‘(b) STATE PUBLIC HEALTH AGENCIES.—To Security and Bioterrorism Preparedness and criteria for issuance of an authorization be eligible to receive a grant under section Response Act of 2002. under section 564(c) of the Federal Food, 2143(a), a State through its public health ‘‘(c) INCREASING THE EFFECTIVENESS OF EX- Drug, and Cosmetic Act (21 U.S.C. 360bbb- agency shall, not later than 15 days after the ISTING VACCINE SUPPLIES.—The Secretary, 3(c)). date of enactment of the Emergency Flu Re- acting through the Director of the National sponse Act of 2004 and every 30 days there- ‘‘(2) CRITERIA.—For the purpose of making Institutes of Health, shall conduct a clinical determinations under section 564(c) of such after, prepare and submit to the Secretary a trial or trials to determine whether influ- Act to carry out paragraph (1), the Sec- summary report describing— enza vaccine can be diluted and continue to retary— ‘‘(1) the number of doses of influenza vac- retain its effectiveness in preventing influ- ‘‘(A) shall deem influenza virus to be an cine available in the State during the period enza in individuals in priority groups. agent that can cause a serious or life-threat- covered by the report; ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— ening disease or condition; and ‘‘(2) the number of such doses that were There are authorized to be appropriated to ‘‘(B) shall deem the shortage described in given to each priority group during that pe- carry out this section such sums as may be subsection (a)(1) to be sufficient evidence riod; and necessary for fiscal year 2005. that there is no alternative described in sec- ‘‘(3) to the extent that such information is ‘‘SEC. 2149. NATIONAL QUARANTINE COMPENSA- tion 564(c)(3). readily obtainable by the State, the manner TION PROGRAM. in which such doses were distributed to con- ‘‘(a) IN GENERAL.—There is established the ‘‘(d) VACCINE PURCHASE.—Not later than 30 sumers during such period, such as by dis- National Quarantine Compensation Program days after the date of enactment of the tribution through public health agencies or to be administered by the Secretary under Emergency Flu Response Act of 2004, the private health care providers. which compensation shall be paid to individ- Secretary shall purchase, at a reasonable uals who are subjected to an order of quar- price, available influenza vaccine identified ‘‘SEC. 2145. CLEARINGHOUSES FOR VOLUNTARY DONATION OF INFLUENZA VACCINE. antine issued by a Federal or State health under subsection (b) for which the Secretary agency. has issued an authorization under section ‘‘The Centers for Disease Control and Pre- vention, and each State public health agency ‘‘(b) AMOUNT.—An individual’s compensa- 564(c) of the Federal Food, Drug, and Cos- tion under the National Quarantine Com- metic Act (21 U.S.C. 360bbb-3(c)). described in section 2144(b), shall establish a clearinghouse to— pensation Program shall be equal to wages ‘‘(e) VACCINE DISTRIBUTION.—Notwith- ‘‘(1) enable persons to voluntarily donate lost as a result of such individual being sub- standing any other provision of law, the Sec- influenza vaccine doses; and jected to the quarantine. retary shall promptly import and distribute ‘‘(2) distribute the doses for administration ‘‘(c) APPROPRIATIONS.—There are author- any influenza vaccine purchased under sub- to individuals in priority groups. ized to be appropriated and there are hereby section (d), giving first priority to persons in appropriated to carry out subsections (a) and ‘‘SEC. 2146. PURCHASES OF INFLUENZA VACCINE. priority groups. (b) such sums as may be necessary. ‘‘(a) IN GENERAL.—The Secretary shall es- ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— tablish a program through which the Sec- ‘‘SEC. 2150. EMPLOYMENT RIGHTS AND PROTEC- There are authorized to be appropriated to TIONS RELATING TO FEDERALLY retary may— carry out this section such sums as may be MANDATED HEALTH-RELATED ‘‘(1) purchase from private employers, vac- necessary for fiscal year 2005. QUARANTINE. cine wholesalers, and other appropriate indi- ‘‘(a) DEFINITIONS.—In this section: ‘‘SEC. 2143. EFFECTIVE RESPONSES TO VACCINE viduals and entities, doses of influenza vac- ‘‘(1) EMPLOYER.—The term ‘employer’— SHORTAGES. cine that are not needed for the vaccination ‘‘(A) means any person engaged in com- ‘‘(a) IN GENERAL.—The Secretary shall of priority groups; and merce or in any industry or activity affect- award a grant to each State to allow such ‘‘(2) distribute the doses purchased under ing commerce; and State to develop and implement a plan to re- paragraph (1) for administration to individ- ‘‘(B) includes— spond to the shortage of influenza vaccine in uals in priority areas. ‘‘(i)(I) any person who acts, directly or in- the United States for the 2004-2005 influenza ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— directly, in the interest of a person described season. There are authorized to be appropriated to in subparagraph (A) to any of the employees ‘‘(b) USE OF FUNDS.—A State that receives carry out this section such sums as may be of such person; or a grant under this section shall use the funds necessary for fiscal year 2005. ‘‘(II) any successor in interest of a person made available through a grant under sub- ‘‘SEC. 2147. USE OF INFLUENZA VACCINE. described in subparagraph (A); section (a) to develop— ‘‘(a) EXECUTIVE BRANCH.—The head of each ‘‘(ii) any public agency, as defined in sec- ‘‘(1) a voluntary plan to ensure that the in- Executive agency (as defined in section 105 of tion 3(x) of the Fair Labor Standards Act of fluenza vaccine is, to the maximum extent title 5, United States Code) shall ensure that 1938 (29 U.S.C. 203(x)); possible, administered to priority groups; any influenza vaccine in the possession of ‘‘(iii) the Government Accountability Of- ‘‘(2) a system to notify health care pro- the head of the agency shall— fice, the Government Printing Office, and viders about revisions in guidelines for ad- ‘‘(1) be administered only to employees of the Library of Congress; and ministering influenza vaccine; the agency who are in priority groups; and ‘‘(iv) all other legislative branch entities ‘‘(3) an awareness campaign to inform the ‘‘(2) provide to the Secretary any doses of identified as employing offices in the Con- public about recommendations concerning the vaccine that are not needed for the vac- gressional Accountability Act of 1995 (2 groups that are priority groups for vaccina- cination of individuals in priority groups, so U.S.C. 1301 et seq.). tion with influenza vaccine; and that the Secretary can distribute the doses ‘‘(2) EMPLOYMENT BENEFITS.—The term ‘‘(4) procedures to allow for the voluntary for administration to individuals in the pri- ‘employment benefits’ means all benefits donation of vaccine as described in section ority groups. provided or made available to employees by 2145. ‘‘(b) LEGISLATIVE BRANCH.—The Attending an employer, including group life insurance, ‘‘(c) AMOUNT.—The amount of a grant Physician of the Capitol shall ensure that health insurance, disability insurance, sick under subsection (a) shall be proportional to any influenza vaccine in the possession of leave, annual leave, educational benefits, the population of the State and the severity the Attending Physician shall— and pensions, regardless of whether such of the shortage of influenza vaccine in such ‘‘(1) be administered only to employees of benefits are provided by a practice or written State, as determined by the Secretary. the legislative branch of the Federal Govern- policy of an employer or through an em- ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— ment who are in priority groups; and ployee benefit plan, as defined in section 3 of There are authorized to be appropriated to ‘‘(2) provide to the Secretary any doses of the Employee Retirement Income Security carry out this section such sums as may be the vaccine that are not needed for the vac- Act of 1974 (29 U.S.C. 1002). necessary for fiscal year 2005. cination of individuals in priority groups, so ‘‘(3) SECRETARY.—

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00100 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2004 CONGRESSIONAL RECORD — SENATE S10863 ‘‘(A) IN GENERAL.—Except as otherwise pro- ‘‘(2) shall notify the appropriate commit- should also provide NIH with the re- vided in subparagraph (B), the term ‘Sec- tees of Congress of such determination. sources and the clear direction to de- retary’ means the Secretary of Labor. ‘‘(b) ASSURING THE INDIVIDUALS IN PRIORITY termine whether existing flu vaccine GROUPS RECEIVE VACCINES.—On making the ‘‘(B) EXCEPTIONS.—In the case of actions stocks can be diluted and still retain brought regarding employees— determination described in subsection (a), ‘‘(i) of the Government Accountability Of- the Secretary may require that a person, not their effectiveness. NIH provided a val- fice, the term ‘Secretary’ means the Comp- including a person that is a manufacturer of uable service to the nation by con- troller General of the United States; influenza vaccine, who possesses influenza ducting similar studies with smallpox ‘‘(ii) of the Government Printing Office, vaccine sell such person’s supply of the influ- vaccine. the term ‘Secretary’ means the Public Print- enza vaccine to the Federal Government, as These measures may increase the ef- er; an exercise of the Federal Government’s fective supply of vaccine available to ‘‘(iii) of the Library of Congress, the term power to take private property for public the nation, but even these measures ‘Secretary’ means the Librarian of Congress; use, for just compensation. and ‘‘(c) PRIORITIZATION.—The Secretary shall may not be sufficient to meet the na- ‘‘(iv) of any other legislative branch em- distribute the doses of influenza vaccine ob- tion’s needs. With flu season imminent, ployer, the term ‘Secretary’ means the Of- tained under subsection (b) in a manner de- Congress must take steps immediately fice of Compliance. termined appropriate by the Secretary to en- to give our health agencies the re- ‘‘(b) EMPLOYMENT RIGHTS, BENEFITS, AND sure that such vaccine is administered to in- sources and authority they need to PROTECTION FROM DISCRIMINATION.— dividual in priority groups.’’. make best use of the supply currently ‘‘(1) RESTORATION TO POSITION.—Any indi- Mr. KENNEDY. Mr. President, it is a available. vidual subjected to an order of quarantine privilege to join Senator JACK REED in Our health professionals should make issued by a Federal or State health agency introducing the ‘‘Emergency Flu Re- shall be entitled, on return from such quar- sure that those most at risk for com- sponse Act of 2004.’’ I commend him for plications from flu get vaccinated first. antine— his leadership on this important issue. ‘‘(A) to be restored by the employer of such We must learn from the lessons from individual to the position of employment I also commend our colleagues, Sen- last year’s flu season and use that held by the individual when the quarantine ator BAYH and Senator CRAIG, for their knowledge to ensure that at Americans of such individual commenced; or thoughtful proposal. at highest risk have priority access to ‘‘(B) to be restored to an equivalent posi- The Emergency Flu Response Act the flu shot. tion with equivalent employment benefits, gives the nation’s health agencies the We must act quickly. We know that pay, and other terms and conditions of em- tools they need to respond to the cur- there are 54 million doses available and ployment. rent shortage of flu vaccine, to protect we need to ensure that every one of ‘‘(2) BENEFITS.—An individual restored to the public health from the danger of in- such individual’s position, or equivalent po- them reaches those at highest risk of fluenza and to maximize the value of sition, pursuant to paragraph (1) shall be en- complications from flu. The bill pro- our reduced vaccine stocks. titled to the seniority and other rights and vides funding for states to develop During last year’s flu season, we ex- benefits that the individual had on the date plans to effectively distribute vaccines perienced unprecedented public de- when the quarantine of such individual com- to high priority groups. It also requires menced, plus the additional seniority and mand for the flu vaccine. Fears that the tracking of available vaccines, so rights and benefits that the individual would last year’s flu strain was more virulent that doses can be directed to those who have attained had the individual not been than those of previous years fueled the need it most. subjected to a federally mandated health-republic’s demand and resulted in the ad- lated quarantine. ministration of all 87 million doses pro- Many employers contract directly ‘‘(3) PROTECTION FROM DISCRIMINATION.—It with vaccine manufacturers to provide shall be unlawful for an employer to dis- duced. Anticipating a similar demand for this upcoming flu season, the two a supply of vaccines for their work- charge or in any other manner discriminate force. Our bill establishes a vaccine against any individual on the basis of such companies that manufacture the flu individual’s being, or having been, subjected vaccine planned to produce 100 million clearinghouse to facilitate the vol- to a federally mandated health-related quar- doses for the United States. untary donation of vaccine from indi- antine. On Tuesday, one of those companies viduals or companies with employees ‘‘(c) INVESTIGATIVE AUTHORITY; ENFORCE- lost its license due to manufacturing at low risk of infection to individuals MENT.— concerns and is unable to ship approxi- at high risk. Further, this bill gives ‘‘(1) IN GENERAL.—The Secretary shall en- HHS the ability to purchase vaccine sure compliance with the provisions of sub- mately 48 million doses. In one day, America lost about half the country’s back from employers and wholesalers section (b) and enforce violations of sub- for redistribution. section (b). supply of the flu vaccine—and fifteen ‘‘(2) SAME AUTHORITIES.—In order to carry States have lost their entire supply of The Federal government should set out paragraph (1), the Secretary shall have influenza vaccine for adults. an example of good vaccination prac- the same authorities as provided to the Sec- Clearly, Congress should take action tices. Our bill requires Federal Depart- retary under sections 106 and 107 of the Fam- to strengthen the Nation’s supply of flu ments and the Attending Physician of ily and Medical Leave Act of 1993 (29 U.S.C. vaccine. My colleagues, Senator BAYH the Capitol to abide by CDC rec- 209 and 210) to ensure compliance with and and Senator CRAIG, have offered ommendations on who should receive enforce violations of the Family and Medical thoughtful proposals on strengthening vaccine. If Members of Congress and Leave Act of 1993. their staffs cannot reserve flu vaccine ‘‘(d) STATE AND LOCAL LAWS.—Nothing in the flu vaccine supply in future years, this section shall be construed to supersede and these proposals merit careful con- for those most in need, how can we ask any provision of any State or local law that sideration by Congress. Many members the American public to do so? provides greater rights than the rights estab- of our Health committee have also We must also learn from Canada’s ex- lished under this section.’’. shown great leadership on vaccine perience with the SARS outbreak in ‘‘SEC. 2151. ASSURING THAT INDIVIDUALS IN PRI- issues. Toronto last year. During that out- ORITY GROUPS RECEIVE VACCINES. Due to the long period of time nec- break, many people were forced to re- ‘‘(a) DETERMINATIONS.—Not later than 30 essary to produce more vaccine, how- main home from work to prevent the days after the date of enactment of the ever, measures to increase the supply spread of SARS. Some lost their wages Emergency Flu Response Act of 2004, and during that time, and some even lost every 30 days thereafter, the Secretary shall of new vaccine will have little effect on review the effectiveness of measures taken the current shortage. their jobs. Even more worrisome is under sections 2142 through 2147 and deter- We must make every effort to see that some people ignored the quar- mine whether the measures have ensured the whether additional flu vaccine can be antine orders out of fear of repercus- distribution of influenza vaccine for adminis- found. The bill requires the Secretary sions at work. Our bill will assure that tration to individuals in priority groups. If of Health and Human Services to seek those who lose wages in complying the Secretary determines that the measures to purchase additional vaccines avail- with a Federal or State quarantine have not ensured that distribution, the Sec- able in Europe, Canada or Japan, and order will be fully compensated, and retary— will be protected from losing their em- ‘‘(1) may take the actions described in sub- directs the FDA to review those vac- section (b) if the Secretary determines that cines using the flexible and expedited ployment or related benefits. such actions are needed to protect the public review process provided under the Finally, we must recognize that vol- health; and Project BioShield legislation. We untary measures may not be enough to

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00101 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10864 CONGRESSIONAL RECORD — SENATE October 8, 2004 avert a crisis. For this reason, the leg- idential election, at the national level, in Af- promoting security and more open po- islation gives HHS emergency author- ghanistan’s history at 5,000 polling centers litical and economic systems through- ity to require that vaccine supplies be located throughout Afghanistan, as well as out the Greater Middle East and Cen- administered to those in highest need polling centers in Pakistan and Iran; tral Asia. if it determines that voluntary meas- Whereas the United States, the European President Bush said on June 15, 2004, Union, the Organization for Security and Co- ures have failed, and that to do other- operation in Europe, and the Asian Network that ‘‘the world and the United States wise would pose a significant danger to for Free Elections will send monitors and stand with [the people of Afghanistan] the public health. support teams to join the more than 4,000 do- as partners in their quest for peace and Let’s not let history repeat itself. We mestic election observers in Afghanistan for prosperity and stability and democ- need to be prepared for flu vaccine the presidential election; racy.’’ shortages and influenza pandemics in Whereas the United States and many inter- I ask the Senate to recognize the his- the future, and we need to respond ef- national partners have provided technical as- toric achievement of the Afghan people fectively to the current shortage. I sistance and financial support for elections in holding presidential elections this urge my colleagues to support the in Afghanistan; and week, and to join the co-sponsors of Whereas the International Security Assist- ‘‘Emergency Flu Response Act of 2004.’’ this resolution and me in expressing ance Force (ISAF), led by the North Atlantic our continued support for the people of We face a crisis, and Congress should Treaty Organization (NATO), and coalition not delay in enacting this needed legis- forces will join the Afghan National Army Afghanistan. lation. and police in Afghanistan to help provide se- f curity during the presidential election: Now, SENATE CONCURRENT RESOLU- therefore, be it TION 143—RECOGNIZING COMMU- SUBMITTED RESOLUTIONS Resolved by the Senate (the House of Rep- NITY ORGANIZATION OF PUBLIC resentatives concurring), That— ACCESS DEFIBRILLATION PRO- (1) the United States applauds the stead- GRAMS SENATE CONCURRENT RESOLU- fast commitment of the people of Afghani- TION 142—RECOGNIZING THE SIG- stan to achieve responsive and responsible Mr. DEWINE (for himself, Mrs. MUR- NIFICANT ACHIEVEMENTS OF government through democracy; RAY, Mr. FRIST, and Ms. COLLINS) sub- THE PEOPLE AND GOVERNMENT (2) the United States strongly supports mitted the following concurrent resolu- OF AFGHANISTAN SINCE THE self-government and the protection of human tion; which was referred to the Com- EMERGENCY LOYA JIRGA WAS rights and freedom of conscience for all men mittee on Health, Education, Labor, and women in Afghanistan; and and Pensions: HELD IN JUNE 2002 IN ESTAB- (3) the United States remains committed S. CON. RES. 143 LISHING THE FOUNDATION AND to a long-term partnership with the people of MEANS TO HOLD PRESIDENTIAL Afghanistan and to a peaceful future for Af- Whereas coronary heart disease is the sin- ELECTIONS ON OCTOBER 9, 2004 ghanistan. gle leading cause of death in the United Mr. HAGEL. Mr. President, I rise States; Mr. HAGEL (for himself, Mr. LUGAR, Whereas every two minutes, an individual Mr. BIDEN, Mr. LEAHY, Mr. MCCAIN, Mr. today to submit a resolution recog- suffers from cardiac arrest in the United SUNUNU, and Mr. DODD) submitted the nizing the landmark Presidential elec- States, and 250,000 Americans die each year following concurrent resolution; which tions that will take place in Afghani- from cardiac arrest out of hospital; was referred to the Committee on For- stan this Saturday, October 9, 2004. Whereas the chance of survival for a victim eign Relations: My colleagues Senators LUGAR, R-IN, of cardiac arrest diminishes by ten percent IDEN EAHY C AIN each minute following sudden cardiac arrest; S. CON. RES. 142 B , D-DE, L , D-VT, M C , R- AZ, SUNUNU, R-NH and DODD, D-CT, Whereas 80 percent of cardiac arrests are Whereas section 101(1) of the Afghanistan join me as original co-sponsors of this caused by ventricular fibrillation, for which Freedom Support Act of 2002 (22 U.S.C. defibrillation is the only effective treatment; 7511(1)) declares that the ‘‘United States and resolution. Whereas 60 percent of all cardiac arrests the international community should support The Government and people of Af- occur outside the hospital, and the average efforts that advance the development of ghanistan deserve our praise and rec- national survival rate for an out-of-hospital democratic civil authorities and institutions ognition for their achievements since victim of cardiac arrest is only five percent; in Afghanistan and the establishment of a the emergency Loya Jirga of June 2002. Whereas automated external defibrillators new broad-based, multi-ethnic, gender-sen- The process leading to this historic (AEDs) make it possible for trained non- sitive, and fully representative government election has not always been easy. medical rescuers to deliver potentially life- in Afghanistan’’; Warlords and Taliban members have saving defibrillation to victims of cardiac ar- Whereas on January 4, 2004, the Constitu- rest; tional Loya Jirga of Afghanistan adopted a sought to intimidate voters and disrupt Whereas public access defibrillation (PAD) constitution that promises free elections the process. But the government of programs train non-medical individuals to with full participation by women and estab- President Hamid Karzai and the people use AEDs; lishes a legislative foundation for democracy of Afghanistan have not been deterred. Whereas communities that have estab- in Afghanistan; More than 10.5 million Afghan citizens lished and implemented PAD programs that Whereas on June 15, 2004, President Bush have been reported registered to vote, make use of AEDs have achieved average stated that ‘‘Afghanistan’s journey to de- reflecting the courage and commit- survival rates as high as 50 percent for those mocracy and peace deserves the support and ment of Afghans to a democratic fu- individuals who have suffered an out-of-hos- respect of every nation . . . . The world and pital cardiac arrest; the United States stand with [the people of ture. Over forty per cent of those reg- Whereas successful PAD programs ensure Afghanistan] as partners in their quest for istered are women. that cardiac arrest victims have access to peace and prosperity and stability and de- The Afghanistan Freedom Support early 911 notification, early mocracy.’’; Act of 2002, PL 107–327, authorized the cardiopulmonary resuscitation, early Whereas the independent Joint Electoral United States Government to provide defibrillation, and advanced care; Management Body in Afghanistan and thou- $3.3 billion in political, economic and Whereas schools, sports arenas, large ho- sands of its staff throughout Afghanistan security assistance to Afghanistan. It tels, concert halls, high-rise buildings, gated have worked to register voters and organize also expressed the U.S. Congress’s sup- communities, buildings subject to high-secu- a fair and transparent election process de- rity, and similar facilities can benefit great- spite violent and deadly attacks on them and port for the development of democratic ly from the use of AEDs as part of a PAD on the purpose of their work; institutions and a fully representative program, since it often takes additional and Whereas more than 10,500,000 Afghans have government in Afghanistan that re- therefore critical time for emergency med- been reported registered to vote, dem- spects religious freedom and the rights ical personnel to respond to victims of car- onstrating great courage and a deep desire to of women. The presidential election diac arrest in these areas; have a voice in the future of Afghanistan, this week is a critical benchmark for Whereas widespread use of defibrillators and more than 40 percent of those reported America’s commitment to a long-term could save as many as 50,000 lives nationally registered to vote are women; partnership with Afghanistan for re- each year; Whereas the presidential election cam- Whereas the Aviation Medical Assistance paign in Afghanistan officially began on Sep- sponsible governance and a more Act of 1998 (Public Law 105–170; 49 U.S.C. tember 7, 2004 and 18 candidates, including peaceful future. 44701 note) authorized AEDs to be carried one woman, are seeking the presidency; America’s interests in Afghanistan and used aboard commercial airliners; Whereas on October 9, 2004, the people of are linked to our wider regional objec- Whereas the Cardiac Arrest Survival Act of Afghanistan will vote in the first direct pres- tives in the war on terrorism, and in 2000 (Public Law 106–505; 42 U.S.C. 238p–238q)

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00102 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2004 CONGRESSIONAL RECORD — SENATE S10865 provided for the placement of AEDs in Fed- These State, local and community SEC. ll02. FINDINGS. eral office buildings; PAD programs are a valuable asset be- Congress finds that— Whereas the Rural Access to Emergency cause they ensure that automated ex- (1) the Constitution vests Congress with the authority to address the conditions of Devices Act (Public Law 106–505, 42 U.S.C. ternal defibrillation accessible and 254c note) increased access to AEDs in rural the indigenous, native people of the United communities; available to cardiac arrest victims in States; Whereas the Community Access to Emer- the community and provide appro- (2) Native Hawaiians, the native people of gency Defibrillation Act of 2001 (Public Law priate training in performing the Hawaiian archipelago that is now part of 107–188; 42 U.S.C. 244–245) authorized the de- cardiopulmonary resuscitation and the the United States, are indigenous, native velopment and implementation of PAD use of automated external people of the United States; projects; and defibrillators. (3) the United States has a special political Whereas the Automatic Defibrillation in and legal responsibility to promote the wel- This resolution simply recognizes the fare of the native people of the United Adam’s Memory Act authorizes the use of Public Access Defibrillator programs grant funds to establish an information States, including Native Hawaiians; clearinghouse to provide information to infor all of their good work to make it (4) under the treaty making power of the crease public access to defibrillation in possible for communities to access United States, Congress exercised its con- schools: Now, therefore, be it these life-saving devices. My resolution stitutional authority to confirm treaties be- Resolved by the Senate (the House of Rep- also encourages the continued creation tween the United States and the Kingdom of resentatives concurring),That Congress— of PADs so that more people, in more Hawaii, and from 1826 until 1893, the United (1) recognizes the growing number of com- places, have access to AEDs. States— munity activists, organizations, and munic- (A) recognized the sovereignty of the King- Finally, my Senate colleagues and I dom of Hawaii; ipal governments leading the national effort have long supported automatic exter- to establish public access defibrillation (B) accorded full diplomatic recognition to (PAD) programs; and nal defibrillators and their increased the Kingdom of Hawaii; and (2) encourages the continued development use in communities, particularly rural (C) entered into treaties and conventions and implementation of PAD programs in communities. In fact, just this year, with the Kingdom of Hawaii to govern com- schools, sports arenas, NASCAR race tracks, the Senate Labor Health and Human merce and navigation in 1826, 1842, 1849, 1875, large hotels, concert halls, public housing, Services Appropriations subcommittee and 1887; (5) pursuant to the Hawaiian Homes Com- high-rise buildings, gated communities, provides $10,933,000 for rural and com- buildings subject to high-security, and simi- mission Act, 1920 (42 Stat. 108, chapter 42), munity access to emergency devices. the United States set aside approximately lar facilities to increase the survival rate for This funding provides grants to expand 203,500 acres of land to address the conditions victims of cardiac arrest. placement of automatic external of Native Hawaiians in the Federal territory Mr. DEWINE. Mr. President, I rise defibrillators and to provide for train- that later became the State of Hawaii; today to submit a Resolution that ing. (6) by setting aside 203,500 acres of land for would recognize the value and impor- I ask my colleagues to support this Native Hawaiian homesteads and farms, the tance of automated external Hawaiian Homes Commission Act assists the resolution, to pass this resolution, and members of the Native Hawaiian community defibrillators (AEDs) in our Nation’s to encourage the continued develop- communities. It is an important Reso- in maintaining distinct native settlements ment of Public Access Defibrillator throughout the State of Hawaii; lution that sends a message of support (PAD) programs. (7) approximately 6,800 Native Hawaiian to our communities, neighborhoods, f families reside on the Hawaiian Home Lands schools and businesses. and approximately 18,000 Native Hawaiians For my colleagues who do not know, AMENDMENTS SUBMITTED AND who are eligible to reside on the Hawaiian AEDs or automated external PROPOSED Home Lands are on a waiting list to receive assignments of Hawaiian Home Lands; defibrillators, are devices that, when SA 4043. Mr. INOUYE (for himself and Mr. (8)(A) in 1959, as part of the compact with used properly, administer an electric AKAKA) submitted an amendment intended the United States admitting Hawaii into the to be proposed by him to the bill S. 437, to shock through the chest wall to the Union, Congress established a public trust provide for adjustments to the Central Ari- heart. These devices are used on people (commonly known as the ‘‘ceded lands zona Project in Arizona, to authorize the who are suffering from heart attacks or trust’’), for 5 purposes, 1 of which is the bet- Gila River Indian Community water rights have gone into full cardiac arrest. terment of the conditions of Native Hawai- settlement, to reauthorize and amend the Many of my colleagues may have ians; Southern Arizona Water Rights Settlement (B) the public trust consists of lands, in- seen these devices in airports or in Act of 1982, and for other purposes; which other public spaces such as stadiums or cluding submerged lands, natural resources, was ordered to lie on the table. and the revenues derived from the lands; and shopping malls. They have been made SA 4044. Mr. FRIST (for Mr. SPECTER) pro- (C) the assets of this public trust have posed an amendment to the bill S. 2486, to widely visible and available because, never been completely inventoried or seg- amend title 38, United States Code, to im- according to the American Heart Asso- regated; prove and enhance education, housing, em- ciation, ‘‘AEDs strengthen the chain of (9) Native Hawaiians have continuously ployment, medical, and other benefits for survival. They can restore a normal sought access to the ceded lands in order to veterans and to improve and extend certain establish and maintain native settlements heart rhythm in sudden cardiac arrest authorities relating to the administration or and distinct native communities throughout victims.’’ benefits for veterans, and for other purposes. What makes AEDs so valuable to our the State; f communities is that they are ex- (10) the Hawaiian Home Lands and other TEXT OF AMENDMENTS ceded lands provide an important foundation tremely effective and they are easy to for the ability of the Native Hawaiian com- use. A microprocessor, which is embed- SA 4043. Mr. INOUYE (for himself munity to maintain the practice of Native ded in the AEDs analyzes a person’s and Mr. AKAKA) submitted an amend- Hawaiian culture, language, and traditions, heart rhythm and determines whether ment intended to be proposed by him and for the survival and economic self-suffi- an electrical shock is necessary to re- to the bill S. 437, to provide for adjust- ciency of the Native Hawaiian people; store normal heart function. The ments to the Central Arizona Project (11) Native Hawaiians continue to main- American Heart Association makes in Arizona, to authorize the Gila River tain other distinctly native areas in Hawaii; clear the value of having access to (12) on November 23, 1993, Public Law 103– Indian Community water rights settle- 150 (107 Stat. 1510) (commonly known as the AEDs—‘‘When a person suffers a sud- ment, to reauthorize and amend the ‘‘Apology Resolution’’) was enacted into law, den cardiac arrest, for each minute Southern Arizona Water Rights Settle- extending an apology on behalf of the United that passes without defibrillation, ment of 1982, and for other purposes; States to the native people of Hawaii for the their chance of survival decreases by 7 which was ordered to lie on the table; United States’ role in the overthrow of the to 10 percent.’’ Fortunately, many as follows: Kingdom of Hawaii; (13) the Apology Resolution acknowledges communities have realized the benefit At the end, add the following: that the overthrow of the Kingdom of Hawaii of AEDs and have begun creating Pub- TITLE ll—NATIVE HAWAIIAN lic Access Defibrillation programs occurred with the active participation of GOVERNMENT REORGANIZATION agents and citizens of the United States and (PADs). There are a number of Public SEC. ll01. SHORT TITLE. further acknowledges that the Native Hawai- Access Defibrillation programs This title may be cited as the ‘‘Native Ha- ian people never directly relinquished to the throughout our country, and I’m happy waiian Government Reorganization Act of United States their claims to their inherent to say a few of them are in Ohio. 2004’’. sovereignty as a people over their national

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lands, either through the Kingdom of Hawaii (21) the United States has recognized and (6) INDIGENOUS, NATIVE PEOPLE.—The term or through a plebiscite or referendum; reaffirmed the special political and legal re- ‘‘indigenous, native people’’ means the lineal (14) the Apology Resolution expresses the lationship with the Native Hawaiian people descendants of the aboriginal, indigenous, commitment of Congress and the President— through the enactment of the Act entitled, native people of the United States. (A) to acknowledge the ramifications of ‘‘An Act to provide for the admission of the (7) INTERAGENCY COORDINATING GROUP.—The the overthrow of the Kingdom of Hawaii; State of Hawaii into the Union’’, approved term ‘‘Interagency Coordinating Group’’ (B) to support reconciliation efforts be- March 18, 1959 (Public Law 86–3; 73 Stat. 4), means the Native Hawaiian Interagency Co- tween the United States and Native Hawai- by— ordinating Group established under section ians; and (A) ceding to the State of Hawaii title to 206. (C) to consult with Native Hawaiians on the public lands formerly held by the United (8) NATIVE HAWAIIAN.—For the purpose of the reconciliation process as called for in the States, and mandating that those lands be establishing the roll authorized under sec- Apology Resolution; held as a public trust for 5 purposes, 1 of tion 207(c)(1) and before the reaffirmation of (15) despite the overthrow of the govern- which is for the betterment of the conditions the political and legal relationship between ment of the Kingdom of Hawaii, Native Ha- of Native Hawaiians; and the United States and the Native Hawaiian waiians have continued to maintain their (B) transferring the United States’ respon- governing entity, the term ‘‘Native Hawai- separate identity as a distinct native com- sibility for the administration of the Hawai- ian’’ means— munity through cultural, social, and polit- ian Home Lands to the State of Hawaii, but (A) an individual who is one of the indige- ical institutions, and to give expression to retaining the authority to enforce the trust, nous, native people of Hawaii and who is a including the exclusive right of the United their rights as native people to self-deter- direct lineal descendant of the aboriginal, in- States to consent to any actions affecting mination, self-governance, and economic digenous, native people who— the lands that comprise the corpus of the self-sufficiency; (i) resided in the islands that now comprise trust and any amendments to the Hawaiian (16) Native Hawaiians have also given ex- the State of Hawaii on or before January 1, Homes Commission Act, 1920 (42 Stat. 108, pression to their rights as native people to 1893; and chapter 42) that are enacted by the legisla- self-determination, self-governance, and eco- (ii) occupied and exercised sovereignty in ture of the State of Hawaii affecting the nomic self-sufficiency— the Hawaiian archipelago, including the area beneficiaries under the Act; that now constitutes the State of Hawaii; or (A) through the provision of governmental (22) the United States has continually rec- services to Native Hawaiians, including the (B) an individual who is one of the indige- ognized and reaffirmed that— nous, native people of Hawaii and who was provision of— (A) Native Hawaiians have a cultural, his- (i) health care services; eligible in 1921 for the programs authorized toric, and land-based link to the aboriginal, by the Hawaiian Homes Commission Act (42 (ii) educational programs; indigenous, native people who exercised sov- (iii) employment and training programs; Stat. 108, chapter 42) or a direct lineal de- ereignty over the Hawaiian Islands; scendant of that individual. (iv) economic development assistance pro- (B) Native Hawaiians have never relin- grams; (9) NATIVE HAWAIIAN GOVERNING ENTITY.— quished their claims to sovereignty or their The term ‘‘Native Hawaiian Governing Enti- (v) children’s services; sovereign lands; (vi) conservation programs; ty’’ means the governing entity organized by (C) the United States extends services to the Native Hawaiian people pursuant to this (vii) fish and wildlife protection; Native Hawaiians because of their unique title. (viii) agricultural programs; status as the indigenous, native people of a (10) OFFICE.—The term ‘‘Office’’ means the (ix) native language immersion programs; once-sovereign nation with whom the United United States Office for Native Hawaiian Re- (x) native language immersion schools States has a political and legal relationship; lations established under section 205(a). from kindergarten through high school; and (11) SECRETARY.—The term ‘‘Secretary’’ (xi) college and master’s degree programs (D) the special trust relationship of Amer- means the Secretary of the Interior. in native language immersion instruction; ican Indians, Alaska Natives, and Native Ha- (xii) traditional justice programs, and waiians to the United States arises out of SEC. ll04. UNITED STATES POLICY AND PUR- (B) by continuing their efforts to enhance their status as aboriginal, indigenous, native POSE. Native Hawaiian self-determination and people of the United States; and (a) POLICY.—The United States reaffirms local control; (23) the State of Hawaii supports the reaf- that— (17) Native Hawaiians are actively engaged firmation of the political and legal relation- (1) Native Hawaiians are a unique and dis- in Native Hawaiian cultural practices, tradi- ship between the Native Hawaiian governing tinct, indigenous, native people with whom tional agricultural methods, fishing and sub- entity and the United States as evidenced by the United States has a special political and sistence practices, maintenance of cultural 2 unanimous resolutions enacted by the Ha- legal relationship; use areas and sacred sites, protection of bur- waii State Legislature in the 2000 and 2001 (2) the United States has a special political ial sites, and the exercise of their traditional sessions of the Legislature and by the testi- and legal relationship with the Native Ha- rights to gather medicinal plants and herbs, mony of the Governor of the State of Hawaii waiian people which includes promoting the and food sources; before the Committee on Indian Affairs of welfare of Native Hawaiians; (18) the Native Hawaiian people wish to the Senate on February 25, 2003. (3) Congress possesses the authority under preserve, develop, and transmit to future SEC. ll03. DEFINITIONS. the Constitution, including but not limited generations of Native Hawaiians their lands In this title: to Article I, section 8, clause 3, to enact leg- and Native Hawaiian political and cultural (1) ABORIGINAL, INDIGENOUS, NATIVE PEO- islation to address the conditions of Native identity in accordance with their traditions, PLE.—The term ‘‘aboriginal, indigenous, na- Hawaiians and has exercised this authority beliefs, customs and practices, language, and tive people’’ means people whom Congress through the enactment of— social and political institutions, to control has recognized as the original inhabitants of (A) the Hawaiian Homes Commission Act, and manage their own lands, including ceded the lands that later became part of the 1920 (42 Stat. 108, chapter 42); lands, and to achieve greater self-determina- United States and who exercised sovereignty (B) the Act entitled ‘‘An Act to provide for tion over their own affairs; in the areas that later became part of the the admission of the State of Hawaii into the (19) this title provides a process within the United States. Union’’, approved March 18, 1959 (Public Law framework of Federal law for the Native Ha- (2) ADULT MEMBER.—The term ‘‘adult mem- 86–3, 73 Stat. 4); and waiian people to exercise their inherent ber’’ means a Native Hawaiian who has at- (C) more than 150 other Federal laws ad- rights as a distinct, indigenous, native com- tained the age of 18 and who elects to par- dressing the conditions of Native Hawaiians; munity to reorganize a Native Hawaiian gov- ticipate in the reorganization of the Native (4) Native Hawaiians have— erning entity for the purpose of giving ex- Hawaiian governing entity. (A) an inherent right to autonomy in their pression to their rights as native people to (3) APOLOGY RESOLUTION.—The term ‘‘Apol- internal affairs; self-determination and self-governance; ogy Resolution’’ means Public Law 103–150, (B) an inherent right of self-determination (20) Congress— (107 Stat. 1510), a Joint Resolution extending and self-governance; (A) has declared that the United States has an apology to Native Hawaiians on behalf of (C) the right to reorganize a Native Hawai- a special responsibility for the welfare of the the United States for the participation of ian governing entity; and native peoples of the United States, includ- agents of the United States in the January (D) the right to become economically self- ing Native Hawaiians; 17, 1893 overthrow of the Kingdom of Hawaii. sufficient; and (B) has identified Native Hawaiians as a (4) COMMISSION.—The term ‘‘commission’’ (5) the United States shall continue to en- distinct group of indigenous, native people of means the Commission established under gage in a process of reconciliation and polit- the United States within the scope of its au- section 207(b) to provide for the certification ical relations with the Native Hawaiian peo- thority under the Constitution, and has en- that those adult members of the Native Ha- ple. acted scores of statutes on their behalf; and waiian community listed on the roll meet (b) PURPOSE.—The purpose of this title is (C) has delegated broad authority to the the definition of Native Hawaiian set forth to provide a process for the reorganization of State of Hawaii to administer some of the in section 203(8). the Native Hawaiian governing entity and United States’ responsibilities as they relate (5) COUNCIL.—The term ‘‘council’’ means the reaffirmation of the political and legal to the Native Hawaiian people and their the Native Hawaiian Interim Governing relationship between the United States and lands; Council established under section 207(c)(2). the Native Hawaiian governing entity for

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purposes of continuing a government-to-gov- tween the Native Hawaiian governing entity (A) IN GENERAL.—An employee of the Fed- ernment relationship. and the United States, consultation with the eral Government may be detailed to the SEC. ll05. UNITED STATES OFFICE FOR NATIVE Native Hawaiian governing entity; and Commission without reimbursement. HAWAIIAN RELATIONS. (3) ensure the participation of each Federal (B) CIVIL SERVICE STATUS.—The detail of (a) ESTABLISHMENT.—There is established agency in the development of the report to the employee shall be without interruption within the Office of the Secretary the United Congress authorized in section 205(b)(5). or loss of civil service status or privilege. States Office for Native Hawaiian Relations. SEC. ll07. PROCESS FOR THE REORGANIZATION (7) PROCUREMENT OF TEMPORARY AND INTER- (b) DUTIES.—The Office shall— OF THE NATIVE HAWAIIAN GOV- MITTENT SERVICES.—The Commission may (1) continue the process of reconciliation ERNING ENTITY AND THE REAFFIR- procure temporary and intermittent services with the Native Hawaiian people in further- MATION OF THE POLITICAL AND in accordance with section 3109(b) of title 5, LEGAL RELATIONSHIP BETWEEN ance of the Apology Resolution; THE UNITED STATES AND THE NA- United States Code, at rates for individuals (2) upon the reaffirmation of the political TIVE HAWAIIAN GOVERNING ENTITY. that do not exceed the daily equivalent of and legal relationship between the Native (a) RECOGNITION OF THE NATIVE HAWAIIAN the annual rate of basic pay prescribed for Hawaiian governing entity and the United GOVERNING ENTITY.—The right of the Native level V of the Executive Schedule under sec- States, effectuate and coordinate the special Hawaiian people to reorganize the Native tion 5316 of that title. political and legal relationship between the Hawaiian governing entity to provide for (8) EXPIRATION.—The Secretary shall dis- Native Hawaiian governing entity and the their common welfare and to adopt appro- solve the Commission upon the reaffirmation United States through the Secretary, and priate organic governing documents is recog- of the political and legal relationship be- with all other Federal agencies; nized by the United States. tween the Native Hawaiian governing entity (3) fully integrate the principle and prac- (b) COMMISSION.— and the United States. tice of meaningful, regular, and appropriate (1) IN GENERAL.—There is authorized to be (c) PROCESS FOR THE REORGANIZATION OF consultation with the Native Hawaiian gov- established a Commission to be composed of THE NATIVE HAWAIIAN GOVERNING ENTITY.— erning entity by providing timely notice to, nine members for the purposes of— (1) ROLL.— and consulting with, the Native Hawaiian (A) preparing and maintaining a roll of the (A) CONTENTS.—The roll shall include the people and the Native Hawaiian governing adult members of the Native Hawaiian com- names of the adult members of the Native entity before taking any actions that may munity who elect to participate in the reor- Hawaiian community who elect to partici- have the potential to significantly affect Na- ganization of the Native Hawaiian governing pate in the reorganization of the Native Ha- tive Hawaiian resources, rights, or lands; entity; and waiian governing entity and are certified to (4) consult with the Interagency Coordi- (B) certifying that the adult members of nating Group, other Federal agencies, the the Native Hawaiian community proposed be Native Hawaiian as defined in section Governor of the State of Hawaii and relevant for inclusion on the roll meet the definition 203(8) by the Commission. agencies of the State of Hawaii on policies, of Native Hawaiian in section 203(8). (B) FORMATION OF ROLL.—Each adult member of the Native Hawaiian community who practices, and proposed actions affecting Na- (2) MEMBERSHIP.— elects to participate in the reorganization of tive Hawaiian resources, rights, or lands; and (A) APPOINTMENT.—Within 180 days of the (5) prepare and submit to the Committee date of enactment of this Act, the Secretary the Native Hawaiian governing entity shall on Indian Affairs and the Committee on En- shall appoint the members of the Commis- submit to the Commission documentation in ergy and Natural Resources of the Senate sion in accordance with subclause (B). Any the form established by the Commission that and the Committee on Resources of the vacancy on the Commission shall not affect is sufficient to enable the Commission to de- House of Representatives an annual report its powers and shall be filled in the same termine whether the individual meets the detailing the activities of the Interagency manner as the original appointment. definition of Native Hawaiian in section Coordinating Group that are undertaken (B) REQUIREMENTS.—The members of the 203(8). with respect to the continuing process of rec- Commission shall be Native Hawaiian, as de- (C) DOCUMENTATION.—The Commission onciliation and to effect meaningful confined in section 203(8), and shall have exper- shall— sultation with the Native Hawaiian gov- tise in the determination of Native Hawaiian (i) identify the types of documentation erning entity and providing recommenda- ancestry and lineal descendancy. that may be submitted to the Commission tions for any necessary changes to Federal (3) EXPENSES.—Each member of the Com- that would enable the Commission to deter- law or regulations promulgated under the mission shall be allowed travel expenses, in- mine whether an individual meets the defini- authority of Federal law. cluding per diem in lieu of subsistence, at tion of Native Hawaiian in section 203(8); SEC. ll06. NATIVE HAWAIIAN INTERAGENCY CO- rates authorized for employees of agencies (ii) establish a standard format for the sub- ORDINATING GROUP. under subchapter I of chapter 57 of title 5, mission of documentation; and (a) ESTABLISHMENT.—In recognition that United States Code, while away from their (iii) publish information related to clauses Federal programs authorized to address the homes or regular places of business in the (i) and (ii) in the Federal Register; conditions of Native Hawaiians are largely performance of services for the Commission. (D) CONSULTATION.—In making determina- administered by Federal agencies other than (4) DUTIES.—The Commission shall— tions that each of the adult members of the the Department of the Interior, there is es- (A) prepare and maintain a roll of the Native Hawaiian community proposed for in- tablished an interagency coordinating group adult members of the Native Hawaiian com- clusion on the roll meets the definition of to be known as the ‘‘Native Hawaiian Inter- munity who elect to participate in the reor- Native Hawaiian in section 203(8), the Com- agency Coordinating Group’’. ganization of the Native Hawaiian governing mission may consult with Native Hawaiian (b) COMPOSITION.—The Interagency Coordi- entity; and organizations, agencies of the State of Ha- nating Group shall be composed of officials, (B) certify that each of the adult members waii including but not limited to the Depart- to be designated by the President, from— of the Native Hawaiian community proposed ment of Hawaiian Home Lands, the Office of (1) each Federal agency that administers for inclusion on the roll meets the definition Hawaiian Affairs, and the State Department Native Hawaiian programs, establishes or of Native Hawaiian in section 203(8). of Health, and other entities with expertise implements policies that affect Native Ha- (5) STAFF.— and experience in the determination of Na- waiians, or whose actions may significantly (A) IN GENERAL.—The Commission may, tive Hawaiian ancestry and lineal or uniquely impact Native Hawaiian re- without regard to the civil service laws (in- descendancy. sources, rights, or lands; and cluding regulations), appoint and terminate (E) CERTIFICATION AND SUBMITTAL OF ROLL (2) the Office. an executive director and such other addi- TO SECRETARY.—The Commission shall— (c) LEAD AGENCY.— tional personnel as are necessary to enable (i) submit the roll containing the names of (1) IN GENERAL.—The Department of the In- the Commission to perform the duties of the the adult members of the Native Hawaiian terior shall serve as the lead agency of the Commission. community who meet the definition of Na- Interagency Coordinating Group. (B) COMPENSATION.— tive Hawaiian in section 203(8) to the Sec- (2) MEETINGS.—The Secretary shall con- (i) IN GENERAL.—Except as provided in retary within two years from the date on vene meetings of the Interagency Coordi- clause (ii), the Commission may fix the com- which the Commission is fully composed; and nating Group. pensation of the executive director and other (ii) certify to the Secretary that each of (d) DUTIES.—The Interagency Coordinating personnel without regard to the provisions of the adult members of the Native Hawaiian Group shall— chapter 51 and subchapter III of chapter 53 of community proposed for inclusion on the roll (1) coordinate Federal programs and poli- title 5, United States Code, relating to clas- meets the definition of Native Hawaiian in cies that affect Native Hawaiians or actions sification of positions and General Schedule section 203(8). by any agency or agencies of the Federal pay rates. (F) PUBLICATION.—Upon certification by Government that may significantly or (ii) MAXIMUM RATE OF PAY.—The rate of the Commission to the Secretary that those uniquely affect Native Hawaiian resources, pay for the executive director and other per- listed on the roll meet the definition of Na- rights, or lands; sonnel shall not exceed the rate payable for tive Hawaiian in section 203(8), the Secretary (2) ensure that each Federal agency devel- level V of the Executive Schedule under sec- shall publish the roll in the Federal Register. ops a policy on consultation with the Native tion 5316 of title 5, United States Code. (G) APPEAL.—The Secretary may establish Hawaiian people, and upon the reaffirmation (6) DETAIL OF FEDERAL GOVERNMENT EM- a mechanism for an appeal for any person of the political and legal relationship be- PLOYEES.— whose name is excluded from the roll who

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(aa) a copy of the proposed organic gov- (I) amend the organic governing documents (H) PUBLICATION; UPDATE.—The Secretary erning documents, as drafted by the Council; to ensure that the documents meet all the shall— and requirements set forth in subparagraph (A); (i) publish the roll regardless of whether (bb) a brief impartial description of the and appeals are pending; proposed organic governing documents; (II) resubmit the amended organic gov- (ii) update the roll and the publication of (IV) ELECTIONS.—The Council may hold erning documents to the Secretary for cer- the roll on the final disposition of any ap- elections for the purpose of ratifying the pro- tification in accordance with this paragraph. peal; posed organic governing documents, and on (C) CERTIFICATIONS DEEMED MADE.—The (iii) update the roll to include any Native certification of the organic governing docu- certifications under paragraph (4) shall be Hawaiian who has attained the age of 18 and ments by the Secretary in accordance with deemed to have been made if the Secretary who has been certified by the Commission as paragraph (4), hold elections of the officers has not acted within 90 days after the date meeting the definition of Native Hawaiian in of the Native Hawaiian governing entity pur- on which the Council has submitted the or- section 203(8) after the initial publication of suant to paragraph (5). ganic governing documents of the Native Ha- the roll or after any subsequent publications (3) SUBMITTAL OF ORGANIC GOVERNING DOCU- waiian governing entity to the Secretary. of the roll. MENTS.—Following the reorganization of the (5) ELECTIONS.—On completion of the cer- (I) FAILURE TO ACT.—If the Secretary fails Native Hawaiian governing entity and the tifications by the Secretary under paragraph to publish the roll, not later than 90 days adoption of organic governing documents, (4), the Council may hold elections of the of- after the date on which the roll is submitted the Council shall submit the organic gov- ficers of the Native Hawaiian governing enti- to the Secretary, the Commission shall pub- erning documents of the Native Hawaiian ty. lish the roll notwithstanding any order or di- governing entity to the Secretary. (6) REAFFIRMATION.—Notwithstanding any rective issued by the Secretary or any other (4) CERTIFICATIONS.— other provision of law, upon the certifi- official of the Department of the Interior to (A) IN GENERAL.—Within the context of the cations required under paragraph (4) and the the contrary. future negotiations to be conducted under election of the officers of the Native Hawai- (J) EFFECT OF PUBLICATION.—The publica- the authority of section 208(b)(1), and the ian governing entity, the political and legal tion of the initial and updated roll shall subsequent actions by the Congress and the relationship between the United States and serve as the basis for the eligibility of adult State of Hawaii to enact legislation to im- the Native Hawaiian governing entity is members of the Native Hawaiian community plement the agreements of the 3 govern- hereby reaffirmed and the United States ex- whose names are listed on those rolls to par- ments, not later than 90 days after the date tends Federal recognition to the Native Ha- ticipate in the reorganization of the Native on which the Council submits the organic waiian governing entity as the representa- Hawaiian governing entity. governing documents to the Secretary, the tive governing body of the Native Hawaiian (2) ORGANIZATION OF THE NATIVE HAWAIIAN Secretary shall certify that the organic gov- people. INTERIM GOVERNING COUNCIL.— erning documents— SEC. ll08. REAFFIRMATION OF DELEGATION OF (A) ORGANIZATION.—The adult members of (i) establish the criteria for citizenship in FEDERAL AUTHORITY; NEGOTIA- the Native Hawaiian community listed on the Native Hawaiian governing entity; TIONS; CLAIMS. the roll published under this section may— (ii) were adopted by a majority vote of the (a) REAFFIRMATION.—The delegation by the (i) develop criteria for candidates to be adult members of the Native Hawaiian com- United States of authority to the State of elected to serve on the Native Hawaiian In- munity whose names are listed on the roll Hawaii to address the conditions of the interim Governing Council; published by the Secretary; digenous, native people of Hawaii contained (ii) determine the structure of the Council; (iii) provide authority for the Native Ha- in the Act entitled ‘‘An Act to provide for and waiian governing entity to negotiate with the admission of the State of Hawaii into the (iii) elect members from individuals listed Federal, State, and local governments, and Union’’ approved March 18, 1959 (Public Law on the roll published under this subsection other entities; 86–3, 73 Stat. 5), is reaffirmed. to the Council. (iv) provide for the exercise of govern- (b) NEGOTIATIONS.— (B) POWERS.— mental authorities by the Native Hawaiian (1) IN GENERAL.—Upon the reaffirmation of (i) IN GENERAL.—The Council— governing entity, including any authorities the political and legal relationship between (I) may represent those listed on the roll that may be delegated to the Native Hawai- the United States and the Native Hawaiian published under this section in the imple- ian governing entity by the United States governing entity, the United States and the mentation of this title; and and the State of Hawaii following negotia- State of Hawaii may enter into negotiations (II) shall have no powers other than powers tions authorized in section 208(b)(1) and the with the Native Hawaiian governing entity given to the Council under this title. enactment of legislation to implement the designed to lead to an agreement addressing (ii) FUNDING.—The Council may enter into agreements of the 3 governments; such matters as— a contract with, or obtain a grant from, any (v) prevent the sale, disposition, lease, or (A) the transfer of lands, natural resources, Federal or State agency to carry out clause encumbrance of lands, interests in lands, or and other assets, and the protection of exist- (iii). other assets of the Native Hawaiian gov- ing rights related to such lands or resources; (iii) ACTIVITIES.— erning entity without the consent of the Na- (B) the exercise of governmental authority (I) IN GENERAL.—The Council may conduct tive Hawaiian governing entity; over any transferred lands, natural re- a referendum among the adult members of (vi) provide for the protection of the civil sources, and other assets, including land use; the Native Hawaiian community listed on rights of the citizens of the Native Hawaiian (C) the exercise of civil and criminal juris- the roll published under this subsection for governing entity and all persons affected by diction; the purpose of determining the proposed ele- the exercise of governmental powers and au- (D) the delegation of governmental powers ments of the organic governing documents of thorities by the Native Hawaiian governing and authorities to the Native Hawaiian gov- the Native Hawaiian governing entity, in- entity; and erning entity by the United States and the cluding but not limited to— (vii) are consistent with applicable Federal State of Hawaii; and (aa) the proposed criteria for citizenship of law and the special political and legal rela- (E) any residual responsibilities of the the Native Hawaiian governing entity; tionship between the United States and the United States and the State of Hawaii. (bb) the proposed powers and authorities to indigenous, native people of the United (2) AMENDMENTS TO EXISTING LAWS.—Upon be exercised by the Native Hawaiian gov- States; provided that the provisions of Pub- agreement on any matter or matters nego- erning entity, as well as the proposed privi- lic Law 103–454, 25 U.S.C. 479a, shall not tiated with the United States, the State of leges and immunities of the Native Hawaiian apply. Hawaii, and the Native Hawaiian governing governing entity; (B) RESUBMISSION IN CASE OF NONCOMPLI- entity, the parties are authorized to sub- (cc) the proposed civil rights and protec- ANCE WITH THE REQUIREMENTS OF SUBPARA- mit— tion of the rights of the citizens of the Na- GRAPH (A).— (A) to the Committee on Indian Affairs of tive Hawaiian governing entity and all per- (i) RESUBMISSION BY THE SECRETARY.—If the the Senate, the Committee on Energy and sons affected by the exercise of govern- Secretary determines that the organic gov- Natural Resources of the Senate, and the mental powers and authorities of the Native erning documents, or any part of the docu- Committee on Resources of the House of Hawaiian governing entity; and ments, do not meet all of the requirements Representatives, recommendations for pro- (dd) other issues determined appropriate set forth in subparagraph (A), the Secretary posed amendments to Federal law that will by the Council. shall resubmit the organic governing docu- enable the implementation of agreements (II) DEVELOPMENT OF ORGANIC GOVERNING ments to the Council, along with a justifica- reached between the 3 governments; and DOCUMENTS.—Based on the referendum, the tion for each of the Secretary’s findings as to (B) to the Governor and the legislature of Council may develop proposed organic gov- why the provisions are not in full compli- the State of Hawaii, recommendations for erning documents for the Native Hawaiian ance. proposed amendments to State law that will governing entity. (ii) AMENDMENT AND RESUBMISSION OF OR- enable the implementation of agreements (III) DISTRIBUTION.—The Council may dis- GANIC GOVERNING DOCUMENTS.—If the organic reached between the 3 governments. tribute to all adult members of the Native governing documents are resubmitted to the (c) CLAIMS.—

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(1) IN GENERAL.—Nothing in this title Sec. 107. Requirement for coordination of Sec. 406. Termination of collection of loan serves as a settlement of any claim against data among the Departments of fees from veterans rated eligi- the United States. Veterans Affairs, Defense, and ble for compensation at pre-dis- (2) STATUTE OF LIMITATIONS.—Any claim Labor with respect to on-job charge rating examinations. against the United States arising under Fed- training. Sec. 407. Three-year extension of Native eral law that— Sec. 108. Pilot program to provide on-job American veteran housing loan (A) is in existence on the date of enact- benefits to train Department of pilot program. ment of this Act; Veterans Affairs’ claims adju- TITLE V—MATTERS RELATING TO (B) is asserted by the Native Hawaiian gov- dicators. FIDUCIARIES erning entity on behalf of the Native Hawai- Sec. 109. Collection of payment for edu- Sec. 501. Definition of fiduciary. ian people; and cational assistance under Mont- Sec. 502. Inquiry, investigations, and quali- (C) relates to the legal and political rela- gomery GI Bill from members fication of fiduciaries. tionship between the United States and the of the Selected Reserve called Sec. 503. Misuse of benefits by fiduciaries. Native Hawaiian people; to active duty. Sec. 504. Additional protections for bene- shall be brought in the court of jurisdiction Sec. 110. Technical and conforming amend- ficiaries with fiduciaries. over such claims not later than 20 years ments. Sec. 505. Annual report. after the date on which Federal recognition TITLE II—EMPLOYMENT MATTERS Sec. 506. Annual adjustment in benefits is extended to the Native Hawaiian gov- Subtitle A—Employment and Reemployment thresholds. erning entity under section 207(c)(6). Rights Sec. 507. Effective dates. SEC. ll09. APPLICABILITY OF CERTAIN FED- TITLE VI—MEMORIAL AFFAIRS ERAL LAWS. Sec. 201. Two-year period of continuation of MATTERS (a) INDIAN GAMING REGULATORY ACT.— employer-sponsored health care Nothing in this title shall be construed to coverage. Sec. 601. Designation of Prisoner of War/ authorize the Native Hawaiian governing en- Sec. 202. Reinstatement of reporting re- Missing in Action National Me- tity to conduct gaming activities under the quirements. morial, Riverside National authority of the Indian Gaming Regulatory Sec. 203. Requirement for employers to pro- Cemetery, Riverside, Cali- Act (25 U.S.C. 2701 et seq.). vide notice of rights and duties fornia. (b) BUREAU OF INDIAN AFFAIRS.—Nothing under USERRA. Sec. 602. Lease of certain National Cemetery contained in this title provides an authoriza- Sec. 204. Demonstration project for referral Administration property. tion for eligibility to participate in any proof USERRA claims against Fed- Sec. 603. Exchanges of real property for na- grams and services provided by the Bureau of eral agencies to the Office of tional cemeteries. Indian Affairs for any persons not otherwise Special Counsel. TITLE VII—IMPROVEMENTS TO eligible for the programs or services. Subtitle B—Other Matters SERVICEMEMBERS CIVIL RELIEF ACT SEC. ll10. SEVERABILITY. Sec. 211. Report of employment placement, Sec. 701. Clarification of meaning of ‘‘judg- If any section or provision of this title is retention, and advancement of ment’’ as used in the Act. held invalid, it is the intent of Congress that recently separated Sec. 702. Requirements relating to waiver of the remaining sections or provisions shall servicemembers. rights under the Act. continue in full force and effect. TITLE III—BENEFITS MATTERS Sec. 703. Right of servicemember plaintiffs SEC. ll11. AUTHORIZATION OF APPROPRIA- to request stay of civil pro- Sec. 301. Additional dependency and indem- TIONS. ceedings. There are authorized to be appropriated nity compensation for sur- Sec. 704. Termination of leases. such sums as are necessary to carry out this viving spouses with dependent TITLE VIII—OTHER MATTERS title. children. Sec. 302. Offset of veterans’ disability com- Sec. 801. Principal office of United States SA 4044. Mr. FRIST (for Mr. SPEC- pensation and dependency and Court of Appeals for Veterans TER) proposed an amendment to the indemnity compensation from Claims. bill S. 2486, to amend title 38, United awards under radiation expo- Sec. 802. Technical amendments relating to the United States Court of Ap- States Code, to improve and enhance sure compensation program. Sec. 303. Exclusion of life insurance proceeds peals for Veterans Claims. education, housing, employment, med- from consideration as income Sec. 803. Extension of biennial report of Ad- ical, and other benefits for veterans for veterans’ pension purposes. visory Committee on Former and to improve and extend certain au- Sec. 304. Certain service-connected dis- Prisoners of War. thorities relating to the administra- ability benefits authorized for Sec. 804. Availability of administrative and tion or benefits for veterans, and for persons disabled by treatment judicial redress for certain vet- other purposes; as follows: or vocational rehabilitation erans denied opportunity to compete for Federal employ- Strike all after the enacting clause and in- provided by the Department of ment. sert the following: Veterans Affairs. Sec. 305. Effective date of death pension. Sec. 805. Report on servicemembers’ and vet- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Sec. 306. Codification of administrative ac- erans’ awareness of benefits and (a) SHORT TITLE.—This Act may be cited as tions relating to presumptions services available under laws the ‘‘Veterans Benefits Improvement Act of of service connection for vet- administered by Secretary of 2004’’. erans exposed to ionizing radi- Veterans Affairs. (b) TABLE OF CONTENTS.—The table of contents for this Act is as follows: ation. SEC. 2. REFERENCE TO TITLE 38, UNITED STATES Sec. 307. Codification of cost-of-living ad- CODE. Sec. 1. Short title; table of contents. justment provided in Public Except as otherwise expressly provided, Sec. 2. Reference to title 38, United States Law whenever in this Act an amendment or re- Code. 108–47. peal is expressed in terms of an amendment TITLE I—VETERANS EARN AND LEARN Sec. 308. Cross-reference amendments relat- to, or repeal of, a section or other provision, ACT ing to concurrent payment of the reference shall be considered to be made Sec. 101. Short title. retired pay and veterans’ dis- to a section or other provision of title 38, Sec. 102. Modification of benefit entitlement ability compensation. United States Code. charges for certain on-job TITLE IV—HOUSING MATTERS TITLE I—VETERANS EARN AND LEARN training programs. ACT Sec. 103. Increase in benefit for individuals Sec. 401. Authority to provide specially pursuing apprenticeship or on- adapted housing to certain dis- SEC. 101. SHORT TITLE. job training. abled veterans. This title may be cited as the ‘‘Veterans Sec. 104. Authority for competency-based Sec. 402. Transitional housing amendments. Earn and Learn Act of 2004’’. apprenticeship programs. Sec. 403. Increase in maximum amount of SEC. 102. MODIFICATION OF BENEFIT ENTITLE- Sec. 105. Ten-year extension of delimiting home loan guaranty for con- MENT CHARGES FOR CERTAIN ON- period for survivors’ and destruction and purchase of JOB TRAINING PROGRAMS. pendents’ educational assist- homes and annual indexing of (a) IN GENERAL.—Section 3687 is amended ance for spouses of members amount. by adding at the end the following new sub- who die on active duty. Sec. 404. Extension of authority for guar- section: Sec. 106. Availability of education benefits antee of adjustable rate mort- ‘‘(e)(1) For each month that an individual for payment for national admis- gages. (as defined in paragraph (3)) is paid a train- sions exams and national exams Sec. 405. Extension and improvement of au- ing assistance allowance under subsection for credit at institutions of thority for guarantee of hybrid (a), the entitlement of the individual shall be higher education. adjustable rate mortgages. charged at a percentage rate (rounded to the

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00107 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10870 CONGRESSIONAL RECORD — SENATE October 8, 2004 nearest percent) that is equal to the ratio (2) the reference to ‘‘55 percent’’ in sub- SEC. 106. AVAILABILITY OF EDUCATION BENE- of— paragraph (B) were a reference to ‘‘65 per- FITS FOR PAYMENT FOR NATIONAL ‘‘(A) the training assistance allowance for cent’’; and ADMISSIONS EXAMS AND NATIONAL the month involved, to (3) the reference to ‘‘35 percent’’ in sub- EXAMS FOR CREDIT AT INSTITU- TIONS OF HIGHER EDUCATION. ‘‘(B) the monthly educational assistance paragraph (C) were a reference to ‘‘45 per- (a) COVERED EXAMS.—Sections 3452(b) and allowance otherwise payable for full-time en- cent’’. 3501(a)(5) are each amended by adding at the rollment in an educational institution.’’. SEC. 104. AUTHORITY FOR COMPETENCY-BASED end the following new sentence: ‘‘Such term ‘‘(2) For any month in which an individual APPRENTICESHIP PROGRAMS. also includes national tests for admission to fails to complete 120 hours of training, the institutions of higher learning or graduate entitlement otherwise chargeable under (a) IN GENERAL.—Section 3672(c) is amend- schools (such as the Scholastic Aptitude paragraph (1) shall be reduced in the same ed— Test (SAT), Law School Admission Test proportion as the monthly training assist- (1) by striking ‘‘(1)’’ and ‘‘(2)’’ and insert- (LSAT), Graduate Record Exam (GRE), and ance allowance payable is reduced under sub- ing ‘‘(A)’’ and ‘‘(B)’’, respectively; Graduate Management Admission Test section (b)(3). (2) by inserting ‘‘(1)’’ after ‘‘(c)’’; and ‘‘(3) In this section, the term ‘individual’ (3) by adding at the end the following new (GMAT)) and national tests providing an op- means— paragraphs: portunity for course credit at institutions of ‘‘(A) an eligible veteran who is entitled to ‘‘(2) The period of a program of apprentice- higher learning (such as the Advanced Place- monthly educational assistance allowances ship may be determined based upon a spe- ment (AP) exam and College-Level Examina- payable under section 3015(e) of this title, or cific period of time (commonly referred to as tion Program (CLEP)).’’. ‘‘(B) an eligible person who is entitled to a ‘time-based program’), based upon the dem- (b) AMOUNT OF PAYMENT.— monthly educational assistance allowances onstration of successful mastery of skills (1) CHAPTER 30.—Section 3032 is amended by payable under section 3532(a) of this title, (commonly referred to as a ‘competency- adding at the end the following new sub- as the case may be.’’. based program’), or based upon a combina- section: (b) EFFECTIVE DATE.—The amendment tion thereof. ‘‘(g)(1) Subject to paragraph (3), the made by subsection (a) shall apply with re- amount of educational assistance payable ‘‘(3)(A) In the case of a competency-based under this chapter for a national test for ad- spect to months beginning after September program of apprenticeship, State approving 30, 2005. mission or national test providing an oppor- agencies shall determine the period for tunity for course credit at institutions of SEC. 103. INCREASE IN BENEFIT FOR INDIVID- which payment may be made for such a pro- UALS PURSUING APPRENTICESHIP higher learning described in section 3452(b) gram under chapters 30 and 35 of this title of this title is the amount of the fee charged OR ON–JOB TRAINING. and chapter 1606 of title 10. In determining (a) MONTGOMERY GI BILL.—For months be- for the test. the period of such a program, State approv- ginning on or after October 1, 2005, and be- ‘‘(2) The number of months of entitlement ing agencies shall take into consideration fore January 1, 2008, subsection (c)(1) of sec- charged in the case of any individual for a the approximate term of the program rection 3032 of title 38, United States Code, shall test described in paragraph (1) is equal to the ommended in registered apprenticeship probe applied as if— number (including any fraction) determined gram standards recognized by the Secretary (1) the reference to ‘‘75 percent’’ in sub- by dividing the total amount of educational of Labor. paragraph (A) were a reference to ‘‘85 per- assistance paid such individual for such test cent’’; ‘‘(B) The sponsor of a competency-based by the full-time monthly institutional rate (2) the reference to ‘‘55 percent’’ in sub- program of apprenticeship shall provide no- of educational assistance, except for para- paragraph (B) were a reference to ‘‘65 per- tice to the State approving agency involved graph (1), such individual would otherwise be cent’’; and of any such standards that may apply to the paid under subsection (a)(1), (b)(1), (d), or (3) the reference to ‘‘35 percent’’ in sub- program and the proposed approximate pe- (e)(1) of section 3015 of this title, as the case paragraph (C) were a reference to ‘‘45 per- riod of training under the program. may be. cent’’. ‘‘(4) The sponsor of a competency-based ‘‘(3) In no event shall payment of edu- (b) POST-VIETNAM ERA VETERANS’ EDU- program of apprenticeship shall notify the cational assistance under this subsection for CATIONAL ASSISTANCE.—For months begin- Secretary upon the successful completion of a test described in paragraph (1) exceed the ning on or after October 1, 2005, and before a program of apprenticeship by an individual amount of the individual’s available entitle- January 1, 2008, subsection (a) of section 3233 under chapter 30 or 35 of this title, or chapter ment under this chapter.’’. of title 38, United States Code, shall be ap- 1606 of title 10, as the case may be.’’. (2) CHAPTER 32.—Section 3232 is amended by plied as if— (b) INCREASED USE OF APPRENTICESHIPS.— adding at the end the following new sub- (1) the reference to ‘‘75 percent’’ in para- Section 3672(d)(1) is amended by adding at section: graph (1) were a reference to ‘‘85 percent’’; the end the following new sentence: ‘‘The ‘‘(d)(1) Subject to paragraph (3), the (2) the reference to ‘‘55 percent’’ in para- Secretary of Labor shall provide assistance amount of educational assistance payable graph (2) were a reference to ‘‘65 percent’’; and services to the Secretary, and to State under this chapter for a national test for ad- and approving agencies, to increase the use of ap- mission or national test providing an oppor- (3) the reference to ‘‘35 percent’’ in para- prenticeships.’’. tunity for course credit at institutions of higher learning described in section 3452(b) graph (3) were a reference to ‘‘45 percent’’. (c) FUNDING FOR DEPARTMENT COMPUTER (c) SURVIVORS AND DEPENDENTS EDU- of this title is the amount of the fee charged SYSTEM MODIFICATIONS.—From amounts ap- for the test. CATIONAL ASSISTANCE.—(1) For months begin- propriated to the Department of Veterans ‘‘(2) The number of months of entitlement ning on or after October 1, 2005, and before Affairs for fiscal year 2005 for readjustment charged in the case of any individual for a January 1, 2008, subsection (b)(2) of section benefits, the Secretary of Veterans Affairs test described in paragraph (1) is equal to the 3687 of title 38, United States Code, shall be shall use an amount not to exceed $3,000,000 number (including any fraction) determined applied as if— to modify computer systems and to develop by dividing the total amount of educational (A) the reference to ‘‘$574 for the first six procedures required to carry out the amend- assistance paid such individual for such test months’’ were a reference to ‘‘$650 for the ments made by subsection (a) and sections by the full-time monthly institutional rate first six months’’; 102 and 103. (B) the reference to ‘‘$429 for the second six of educational assistance, except for para- months’’ were a reference to ‘‘$507 for the SEC. 105. TEN-YEAR EXTENSION OF DELIMITING graph (1), such individual would otherwise be second six months’’; and PERIOD FOR SURVIVORS’ AND DE- paid under this chapter. (C) the reference to ‘‘$285 for the third six PENDENTS’ EDUCATIONAL ASSIST- ‘‘(3) In no event shall payment of edu- ANCE FOR SPOUSES OF MEMBERS cational assistance under this subsection for months’’ were a reference to ‘‘$366 for the WHO DIE ON ACTIVE DUTY. third six months’’. a test described in paragraph (1) exceed the (2) Subsection (d) of such section 3687 shall Section 3512(b)(1) is amended— amount of the individual’s available entitle- not apply with respect to the provisions of (1) in subparagraph (A), by striking ‘‘in ment under this chapter.’’. paragraph (1) for months occurring during subparagraph (B)’’ and inserting ‘‘in subpara- (3) CHAPTER 35.—Section 3532 is amended by fiscal year 2006. graph (B) or (C)’’; and adding at the end the following new sub- (3) For months beginning on or after Janu- (2) by adding at the end the following new section: ary 1, 2008, the Secretary shall carry out sub- subparagraph: ‘‘(g)(1) Subject to paragraph (3), the section (b)(2) of such section 3687 as if para- ‘‘(C) Notwithstanding subparagraph (A), an amount of educational assistance payable graphs (1) and (2) were not enacted into law. eligible person referred to in that subpara- under this chapter for a national test for ad- (d) SELECTED RESERVE MONTGOMERY GI graph who is made eligible under section mission or national test providing an oppor- BILL.—For months beginning on or after Oc- 3501(a)(1)(B) of this title by reason of the tunity for course credit at institutions of tober 1, 2005, and before January 1, 2008, Sub- death of a person on active duty may be af- higher learning described in section 3501(a)(5) section (d)(1) of section 16131 of title 10, forded educational assistance under this of this title is the amount of the fee charged United States Code, shall be applied as if— chapter during the 20-year period beginning for the test. (1) the reference to ‘‘75 percent’’ in sub- on the date (as determined by the Secretary) ‘‘(2) The number of months of entitlement paragraph (A) were a reference to ‘‘85 per- such person becomes an eligible person with- charged in the case of any individual for a cent’’; in the meaning of such section.’’. test described in paragraph (1) is equal to the

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00108 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2004 CONGRESSIONAL RECORD — SENATE S10871 number (including any fraction) determined ing ‘‘this chapter’’ and inserting ‘‘this sub- TITLE II—EMPLOYMENT MATTERS by dividing the total amount of educational section’’; and Subtitle A—Employment and Reemployment assistance paid such individual for such test (3) by inserting after paragraph (1), as so Rights by the full-time monthly institutional rate designated, the following new paragraph: SEC. 201. TWO-YEAR PERIOD OF CONTINUATION of educational assistance, except for para- ‘‘(2) In the case of an individual covered by OF EMPLOYER-SPONSORED HEALTH graph (1), such individual would otherwise be paragraph (1) who is a member of the Se- CARE COVERAGE. paid under this chapter. lected Reserve, the Secretary of Defense (a) IMPROVEMENT IN PERIOD OF COVERAGE.— ‘‘(3) In no event shall payment of edu- shall collect from the individual an amount Subsection (a)(1)(A) of section 4317 is amend- cational assistance under this subsection for equal to $1,200 not later than one year after ed by striking ‘‘18-month period’’ and insert- a test described in paragraph (1) exceed the completion by the individual of the two ing ‘‘24-month period’’. amount of the individual’s available entitle- years of service on active duty providing the (b) EFFECTIVE DATE.—The amendment ment under this chapter.’’. basis for such entitlement. The Secretary of made by subsection (a) shall apply to elec- SEC. 107. REQUIREMENT FOR COORDINATION OF Defense may collect such amount through tions made under section 4317 of title 38, DATA AMONG THE DEPARTMENTS reductions in basic pay in accordance with United States Code, on or after the date of OF VETERANS AFFAIRS, DEFENSE, paragraph (1) or through such other method the enactment of this Act. AND LABOR WITH RESPECT TO ON- as the Secretary of Defense considers appro- SEC. 202. REINSTATEMENT OF REPORTING RE- JOB TRAINING. priate.’’. QUIREMENTS. Section 3694 is amended— Section 4332 is amended in the matter pre- (b) SELECTED RESERVE PROGRAM.—Section (1) by striking ‘‘In carrying out’’ and in- ceding paragraph (1) by striking ‘‘no later 3012(c) is amended— serting ‘‘(a) IN GENERAL.—In carrying out’’; than February 1, 1996, and annually there- (1) by striking ‘‘The basic pay’’ and insert- and after through 2000’’ and inserting ‘‘no later ing ‘‘(1) Except as provided in paragraph (2), (2) by adding at the end the following new than February 1, 2005, and annually there- the basic pay’’; subsection: after’’. ‘‘(b) COORDINATION OF INFORMATION AMONG (2) by designating the second sentence as paragraph (3) and in that paragraph by strik- SEC. 203. REQUIREMENT FOR EMPLOYERS TO THE DEPARTMENTS OF VETERANS AFFAIRS, DE- PROVIDE NOTICE OF RIGHTS AND FENSE, AND LABOR WITH RESPECT TO ON-JOB ing ‘‘this chapter’’ and inserting ‘‘this sub- DUTIES UNDER USERRA. TRAINING.—At the time of a servicemember’s section’’; and (a) NOTICE.—Chapter 43 is amended by add- discharge or release from active duty serv- (3) by inserting after paragraph (1), as so ing at the end the following new section: designated, the following new paragraph: ice, the Secretary of Defense shall furnish to ‘‘§ 4334. Notice of rights and duties ‘‘(2) In the case of an individual covered by the Secretary such pertinent information ‘‘(a) REQUIREMENT TO PROVIDE NOTICE.— concerning each registered apprenticeship paragraph (1) who is a member of the Se- Each employer shall provide to persons enti- pursued by the servicemember during the pe- lected Reserve, the Secretary of Defense tled to rights and benefits under this chapter riod of active duty service of the service- shall collect from the individual an amount a notice of the rights, benefits, and obliga- member. The Secretary, in conjunction with equal to $1,200 not later than one year after tions of such persons and such employers the Secretary of Labor, shall encourage and completion by the individual of the two under this chapter. The requirement for the assist States and private organizations to years of service on active duty providing the provision of notice under this section may be give credit to servicemembers for the reg- basis for such entitlement. The Secretary of met by the posting of the notice where em- istered apprenticeship program so pursued in Defense may collect such amount through ployers customarily place notices for em- the case of any related apprenticeship pro- reductions in basic pay in accordance with ployees. gram the servicemember may pursue as a ci- paragraph (1) or through such other method ‘‘(b) CONTENT OF NOTICE.—The Secretary vilian.’’. as the Secretary of Defense considers appro- shall provide to employers the text of the no- SEC. 108. PILOT PROGRAM TO PROVIDE ON-JOB priate.’’. tice to be provided under this section.’’. BENEFITS TO TRAIN DEPARTMENT SEC. 110. TECHNICAL AND CONFORMING AMEND- (b) CLERICAL AMENDMENT.—The table of OF VETERANS AFFAIRS’ CLAIMS AD- MENTS. sections at the beginning of such chapter is JUDICATORS. (a) DEFINITION OF TRAINING ESTABLISH- amended by adding at the end the following Section 3677 is amended by adding at the new item: end the following new subsection: MENT.—Section 3452(e), as amended by section 301 of the Veterans Benefits Act of 2003 ‘‘4334. Notice of rights and duties.’’. ‘‘(d)(1) The Secretary may conduct a pilot (c) IMPLEMENTATION.—(1) Not later than program under which the Secretary operates (Public Law 108–183; 117 Stat. 2658), is amended in paragraph (5) to read as follows: the date that is 90 days after the date of the a program of training on the job under this enactment of this Act, the Secretary of section for a period (notwithstanding sub- ‘‘(5) The sponsor of a program of apprenticeship.’’. Labor shall make available to employers the section (c)(2)) of up to three years in dura- notice required under section 4334 of title 38, (b) CLARIFICATION OF APPLICABLE APPREN- tion to train employees of the Department to United States Code, as added by subsection TICESHIP STANDARDS.—(1) Section 3672(c), as become qualified adjudicators of claims for (a). amended by section 105(a), is amended in compensation, dependency and indemnity (2) The amendments made by this section subparagraph (A) by inserting ‘‘apprentice- compensation, and pension. shall apply to employers under chapter 43 of ship’’ before ‘‘standards’’. ‘‘(2)(A) Not later than three years after the title 38, United States Code, on and after the implementation of the pilot project, the Sec- (2) Section 3672(d)(1) is amended by strik- first date referred to in paragraph (1). retary shall submit to Congress an initial re- ing ‘‘of programs of training on the job (in- SEC. 204. DEMONSTRATION PROJECT FOR RE- port on the pilot project. The report shall including programs of apprenticeship)’’ and in- FERRAL OF USERRA CLAIMS clude an assessment of the usefulness of the serting ‘‘of apprenticeship and on the job AGAINST FEDERAL AGENCIES TO program in recruiting and retaining of per- training programs’’. THE OFFICE OF SPECIAL COUNSEL. sonnel of the Department as well as an as- (c) RECORD-KEEPING REQUIREMENTS FOR (a) ESTABLISHMENT OF PROJECT.—The Sec- sessment of the value of the program as a QUALIFIED PROVIDERS OF ENTREPRENEURSHIP retary of Labor and the Office of Special training program. COURSES.—(1) Section 3675(c) is amended by Counsel shall carry out a demonstration ‘‘(B) Not later than 18 months after the adding at the end the following new para- project under which certain claims against date on which the initial report under sub- graph: Federal executive agencies under the Uni- formed Services Employment and Reemploy- paragraph (A) is submitted, the Secretary ‘‘(4) Notwithstanding paragraph (3), a ment Rights Act under chapter 43 of title 38, shall submit to Congress a final report on qualified provider of entrepreneurship United States Code, are referred to, or other- the pilot project. The final report shall in- courses shall maintain such records as the wise received by, the Office of Special Coun- clude recommendations of the Secretary Secretary determines to be necessary to sel for assistance, including investigation with respect to continuation of the pilot comply with reporting requirements that and resolution of the claim as well as en- project and with respect to expansion of the apply under section 3684(a)(1) of this title forcement of rights with respect to the types of claims for which the extended period with respect to eligible persons and veterans claim. of on the job training is available to train enrolled in an entrepreneurship course of- (b) REFERRAL OF ALL PROHIBITED PER- such employees.’’. fered by the provider.’’. SONNEL ACTION CLAIMS TO THE OFFICE OF SPE- SEC. 109. COLLECTION OF PAYMENT FOR EDU- (2) The amendment made by paragraph (1) CATIONAL ASSISTANCE UNDER CIAL COUNSEL.—(1) Under the demonstration MONTGOMERY GI BILL FROM MEM- shall take effect as if included in the enact- project, the Office of Special Counsel shall BERS OF THE SELECTED RESERVE ment of section 305(a) of the Veterans Bene- receive and investigate all claims under the CALLED TO ACTIVE DUTY. fits Act of 2003 (Public Law 108–183; 117 Stat. Uniformed Services Employment and Reem- (a) ACTIVE DUTY PROGRAM.—Section 3011(b) 2660). ployment Rights Act with respect to Federal is amended— (d) AUTHORITY TO PAY REPORTING FEE.— executive agencies in cases where the Office (1) by striking ‘‘The basic pay’’ and insert- Section 3684(c) is amended by striking ‘‘or to of Special Counsel has jurisdiction over re- ing ‘‘(1) Except as provided in paragraph (2), any joint apprenticeship training committee lated claims pursuant to section 1212 of title the basic pay’’; acting as a training establishment’’ and in- 5, United States Code. (2) by designating the second sentence as serting ‘‘or to the sponsor of a program of (2) For purposes of paragraph (1), a related paragraph (3) and in that paragraph by strik- apprenticeship’’. claim is a claim involving the same Federal

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executive agency and the same or similar (g) DEFINITIONS.—In this section: (1) shall be made from the Department of factual allegations or legal issues as those (1) The term ‘‘Office of Special Counsel’’ Veterans Affairs appropriations account being pursued under a claim under the Uni- means the Office of Special Counsel estab- from which payments for readjustment bene- formed Services Employment and Reemploy- lished by section 1211 of title 5, United fits are made; and ment Rights Act. States Code. (2) may not exceed $490,000. (c) REFERRAL OF OTHER CLAIMS AGAINST (2) The term ‘‘Secretary’’ means the Sec- (f) DEFINITIONS.—In this section: FEDERAL EXECUTIVE AGENCIES.—(1) Under retary of Labor. (1) The term ‘‘qualified entity’’ means an the demonstration project, the Secretary— (3) The term ‘‘Federal executive agency’’ entity or organization that meets the fol- (A) shall refer to the Office of Special has the meaning given that term in section lowing requirements: Counsel all claims described in paragraph (2) 4303(5) of title 38, United States Code. (A) Demonstrated experience in conducting made during the period of the demonstration Subtitle B—Other Matters employment surveys of recently separated project; and servicemembers, including Internet-based (B) may refer any claim described in para- SEC. 211. REPORT OF EMPLOYMENT PLACEMENT, surveys, that meet such quality assurance RETENTION, AND ADVANCEMENT OF graph (2) filed before the demonstration requirements as the Secretary determines project that is pending before the Secretary RECENTLY SEPARATED SERVICEMEMBERS. appropriate. at the beginning of the demonstration (a) CONTRACT FOR REPORT.—Not later than (B) Demonstrated familiarity with veteran project. employment matters. (2) A claim referred to in paragraph (1) is a 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs (C) Demonstrated ability in developing claim under chapter 43 of title 38, United plans to market veterans as employment as- States Code, against a Federal executive shall enter into a contract with a qualified entity to conduct a study of and prepare a sets. agency by a claimant with a social security (D) Demonstrated ability to acquire serv- account number with an odd number as its report on the employment histories of recently separated servicemembers. ices at no cost from other organizations, terminal digit, or, in the case of a claim that such as technology, staff services, and adver- does not contain a social security account (b) CONTENT OF REPORT.—(1) The study con- tising services. number, a case number assigned to the claim ducted pursuant to subsection (a) shall con- (E) Demonstrated ability to develop rela- with an odd number as its terminal digit. sist of an analysis of employment-related tionships, establish employment networks, (d) ADMINISTRATION OF DEMONSTRATION data that have been collected with respect to and facilitate interaction between private PROJECT.—(1) The Office of Special Counsel recently separated servicemembers. shall administer the demonstration project. (2) In conducting the study, the qualified and public sector leaders and veterans. The Secretary shall cooperate with the Of- entity shall— (2) The term ‘‘employment history’’ means, fice of Special Counsel in carrying out the (A) determine whether the employment ob- with respect to a recently separated service- demonstration project. tained by recently separated servicemembers member, training, placement, retention, and (2) In the case of any claim referred, or is commensurate with training and edu- advancement in employment of that service- otherwise received by, to the Office of Spe- cation of those servicemembers; member. cial Counsel under the demonstration (B) determine whether recently separated (3) The term ‘‘recently separated service- project, any reference to the ‘‘Secretary’’ in servicemembers received educational assist- member’’ means any veteran (as defined in sections 4321, 4322, and 4326 of title 38, United ance or training and rehabilitation under section 101(2) of title 38, United States Code) States Code, is deemed a reference to the programs administered by the Secretary of discharged or released from active duty in ‘‘Office of Special Counsel’’. Veterans Affairs under chapter 30 or 31 of the Armed Forces of the United States dur- (3) In the case of any claim referred to, or title 38, United States Code, or under chapter ing the 16-year period beginning on January otherwise received by, the Office of Special 1606 of title 10, United States Code; 1, 1990. Counsel under the demonstration project, (C) determine whether transition assist- TITLE III—BENEFITS MATTERS the Office of Special Counsel shall retain ad- ance services provided to recently separated ministrative jurisdiction over the claim. SEC. 301. ADDITIONAL DEPENDENCY AND INDEM- servicemembers assisted those NITY COMPENSATION FOR SUR- (e) PERIOD OF PROJECT.—The demonstra- servicemembers in obtaining civilian em- VIVING SPOUSES WITH DEPENDENT tion project shall be carried out during the CHILDREN. period beginning on the date that is 60 days ployment; (a) ADDITIONAL DEPENDENCY AND INDEMNITY after the date of the enactment of this Act, (D) analyze trends in hiring of veterans by the private sector; and COMPENSATION.—Section 1311 is amended by and ending on September 30, 2007. adding at the end the following new sub- (f) EVALUATIONS AND REPORT.—(1) The (E) identify recently separated section: Comptroller General of the United States servicemembers who have reached senior ‘‘(e)(1) Subject to paragraphs (2) and (3), if shall conduct periodic evaluations of the level management positions. there is a surviving spouse with one or more demonstration project under this section. (c) USE OF DATA.—In conducting the study (2) Not later than April 1, 2007, the Comp- under subsection (a), the qualified entity children below the age of 18, the dependency troller General shall submit to Congress a shall review data compiled and reported by and indemnity compensation paid monthly report on the evaluations conducted under the Bureau of Labor Statistics and shall col- to the surviving spouse shall be increased by paragraph (1). The report shall include the lect additional data on the employment his- $250, regardless of the number of such chil- following information and recommendations: tories of recently separated servicemembers dren. (A) A description of the operation and re- available from such other sources as the ‘‘(2) Dependency and indemnity compensa- sults of the demonstration program, includ- qualified entity determines to be appro- tion shall be increased under this subsection ing— priate. only for months occurring during the two- year period beginning on the date on which (i) the number of claims described in sub- (d) CONTRACT REQUIREMENTS.—(1) The con- section (c) referred to, or otherwise received tract entered into under subsection (a) shall entitlement to dependency and indemnity by, the Office of Special Counsel, and the contain such terms and conditions as the compensation commenced. number of such claims referred to the Sec- Secretary may require. The contract shall ‘‘(3) The increase in dependency and in- retary of Labor; and require that the report on the study be sub- demnity compensation of a surviving spouse (ii) for each Federal executive agency, the mitted to the Secretary not later than 2 under this subsection shall cease beginning number of claims resolved, the type of cor- years after the date on which the contract with the first month commencing after the rective action obtained, the period of time was entered into. month in which all children of the surviving for final resolution of the claim, and the re- (2) The report required under subsection (a) spouse have attained the age of 18. ‘‘(4) Dependency and indemnity compensa- sults obtained. shall contain the findings and conclusions of tion under this subsection is in addition to (B) An assessment of whether referral to the qualified entity on the study and specific any other dependency and indemnity com- the office of special counsel of claims under recommendations to improve employment pensation payable under this chapter.’’. the demonstration project— opportunities for veterans recently separated (b) EFFECTIVE DATE.—Subsection (e) of sec- (i) improved services to servicemembers from service in the Armed Forces, including, tion 1311 of title 38, United States Code, as and veterans; or if appropriate, recommendations for— added by subsection (a), shall take effect (ii) significantly reduced or eliminated du- (A) the establishment of networks of con- with respect to payments for the first month plication of effort and unintended delays in tacts for employment of such veterans in the beginning after the date of the enactment of resolving meritorious claims of those private sector; this Act. servicemembers and veterans. (B) outreach to private sector leaders on (C) An assessment of the feasibility and ad- the merits and sound business practice of SEC. 302. OFFSET OF VETERANS’ DISABILITY COMPENSATION AND DEPENDENCY visability of referring all claims under chap- hiring such veterans; and AND INDEMNITY COMPENSATION ter 43 of title 38, United States Code, against (C) additional methods to facilitate com- FROM AWARDS UNDER RADIATION Federal executive agencies to the Office of munication between private sector employ- EXPOSURE COMPENSATION PRO- Special Counsel for investigation and resolu- ers and such veterans who are seeking em- GRAM. tion. ployment. (a) OFFSET IN LIEU OF FORFEITURE FROM (D) Such other recommendations for ad- (e) FUNDING.—Payment by the Secretary DISABILITY COMPENSATION.—Subsection (c) of ministrative action or legislation as the for the contract entered into under subsection 1112 is amended by adding at the end Comptroller General determines appropriate. section (a)— the following new paragraph:

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00110 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2004 CONGRESSIONAL RECORD — SENATE S10873 ‘‘(4) A radiation-exposed veteran who re- under chapter 21 or 39 of this title (herein- (15) by striking ‘‘$3,827’’ each place it ap- ceives a payment under the provisions of the after in this paragraph referred to as the ‘off- pears in subsections (o) and (p) and inserting Radiation Exposure Compensation Act of set amount’), if such judgment, settlement, ‘‘$3,907’’; 1990 (42 U.S.C. 2210 note) shall not be de- or compromise becomes final before the date (16) by striking ‘‘$1,643’’ and ‘‘$2,446’’ in prived, by reason of the receipt of that pay- of the award of benefits under chapter 21 or subsection (r) and inserting ‘‘$1,677’’ and ment, of receipt of compensation to which 39 for the purpose for which the offset ‘‘$2,497’’, respectively; and that veteran is entitled by reason of para- amount was specifically designated— (17) by striking ‘‘$2,455’’ in subsection (s) graph (1), but there shall be deducted from ‘‘(A) the amount of such award shall be re- and inserting ‘‘$2,506’’. payment of such compensation the amount duced by the offset amount; and (b) ADDITIONAL COMPENSATION FOR DEPEND- of the payment under that Act.’’. ‘‘(B) if the offset amount is greater than ENTS.—Section 1115(1) is amended— (b) OFFSET IN LIEU OF FORFEITURE FROM the amount of such award, the excess (1) by striking ‘‘$125’’ in subparagraph (A) DEPENDENCY AND INDEMNITY COMPENSA- amount received pursuant to the judgment, and inserting ‘‘$127’’; TION.—Section 1310 is amended by adding at settlement or compromise, shall be offset (2) by striking ‘‘$215’’ and ‘‘$64’’ in subpara- the end the following new paragraph: against benefits otherwise payable under graph (B) and inserting ‘‘$219’’ and ‘‘$65’’, re- ‘‘(c) A person who receives a payment this chapter.’’. spectively; under the provisions of the Radiation Expo- SEC. 305. EFFECTIVE DATE OF DEATH PENSION. (3) by striking ‘‘$85’’ and ‘‘$64’’ in subpara- sure Compensation Act of 1990 (42 U.S.C. 2210 Section 5110(d) is amended— graph (C) and inserting ‘‘$86’’ and ‘‘$65’’, re- note) shall not be deprived, by reason of the (1) by striking ‘‘(1)’’; spectively; receipt of that payment, of receipt of de- (2) by striking ‘‘death compensation or de- (4) by striking ‘‘$101’’ in subparagraph (D) pendency and indemnity compensation to pendency and indemnity compensation’’ and and inserting ‘‘$103’’; which that person is otherwise entitled, but inserting ‘‘death compensation, dependency (5) by striking ‘‘$237’’ in subparagraph (E) there shall be deducted from payment of and indemnity compensation, or death pen- and inserting ‘‘$241’’; and such dependency and indemnity compensa- sion’’; and (6) by striking ‘‘$198’’ in subparagraph (F) tion the amount of the payment under that (3) by striking paragraph (2). and inserting ‘‘$202’’. Act.’’. SEC. 306. CODIFICATION OF ADMINISTRATIVE AC- (c) EFFECTIVE DATE.—Paragraph (4) of sec- TIONS RELATING TO PRESUMPTIONS (c) CLOTHING ALLOWANCE FOR CERTAIN DIS- tion 1112(c) of title 38, United States Code, as OF SERVICE CONNECTION FOR VET- ABLED VETERANS.—Section 1162 is amended added by subsection (a), shall take effect ERANS EXPOSED TO IONIZING RADI- by striking ‘‘$588’’ and inserting ‘‘$600’’. ATION. with respect to compensation payments for (d) DEPENDENCY AND INDEMNITY COMPENSA- (a) COVERED DISEASES.—Subsection (c)(2) of months beginning after March 26, 2002. Sub- TION FOR SURVIVING SPOUSES.—(1) Section section 1112 is amended by adding at the end section (c) of section 1310 of such title, as 1311(a) is amended— the following new subparagraphs: added by subsection (b), shall take effect (A) by striking ‘‘$948’’ in paragraph (1) and ‘‘(Q) Cancer of the bone. with respect to dependency and indemnity inserting ‘‘$967’’; and ‘‘(R) Cancer of the brain. compensation payments for months begin- (B) by striking ‘‘$204’’ in paragraph (2) and ‘‘(S) Cancer of the colon. ning after March 26, 2002. inserting ‘‘$208’’. ‘‘(T) Cancer of the lung. SEC. 303. EXCLUSION OF LIFE INSURANCE PRO- ‘‘(U) Cancer of the ovary.’’. (2) The table in section 1311(a)(3) is amend- CEEDS FROM CONSIDERATION AS ed to read as follows: INCOME FOR VETERANS’ PENSION (b) COVERED RADIATION-RISK ACTIVITIES.— PURPOSES. Subsection (c)(3)(B) of such section is amend- Section 1503(a) is amended— ed by adding at the end the following new Pay grade Monthly Pay grade Monthly (1) by striking ‘‘and’’ at the end of para- clause: rate rate graph (9); ‘‘(iv) Service in a capacity which, if per- (2) by striking the period at the end of the formed as an employee of the Department of E–1 ...... $967 W–4 ...... $1,157 paragraph (10) and inserting ‘‘; and’’; and Energy, would qualify the individual for in- E–2 ...... $967 O–1 ...... $1,022 (3) by adding at the end the following new clusion as a member of the Special Exposure E–3 ...... $967 O–2 ...... $1,056 paragraph: Cohort under section 3621(14) of the Energy E–4 ...... $967 O–3 ...... $1,130 ‘‘(11) lump-sum proceeds of any life insur- Employees Occupational Illness Compensa- E–5 ...... $967 O–4 ...... $1,195 ance policy on a veteran, for purposes of pen- tion Program Act of 2000 (42 U.S.C. E–6 ...... $967 O–5 ...... $1,316 sion under subchapter III of this chapter.’’. 7384l(14)).’’. E–7 ...... $1,000 O–6 ...... $1,483 (c) EFFECTIVE DATE.—The amendments SEC. 304. CERTAIN SERVICE-CONNECTED DIS- E–8 ...... $1,056 O–7 ...... $1,602 ABILITY BENEFITS AUTHORIZED made by this section shall take effect as of E–9 ...... 1$1,102 O–8 ...... $1,758 FOR PERSONS DISABLED BY TREAT- March 26, 2002. W–1 ...... $1,022 O–9 ...... $1,881 MENT OR VOCATIONAL REHABILITA- SEC. 307. CODIFICATION OF COST-OF-LIVING AD- W–2 ...... $1,063 O–10 ...... $2,0632 TION PROVIDED BY THE DEPART- JUSTMENT PROVIDED IN PUBLIC W–3 ...... $1,094 ...... MENT OF VETERANS AFFAIRS. LAW 108–47. 1 (a) AUTHORIZED BENEFITS.—Section 1151 is (a) VETERANS’ DISABILITY COMPENSATION.— If the veteran served as sergeant major of the Army, amended by adding at the end the following Section 1114 is amended— senior enlisted advisor of the Navy, chief master sergeant new subsection: (1) by striking ‘‘$104’’ in subsection (a) and of the Air Force, sergeant major of the Marine Corps, or ‘‘(c) A qualifying additional disability inserting ‘‘$106’’; master chief petty officer of the Coast Guard, at the ap- under this section shall be treated in the (2) by striking ‘‘$201’’ in subsection (b) and plicable time designated by section 1302 of this title, the same manner as if it were a service-con- inserting ‘‘$205’’; surviving spouse’s rate shall be $1,189. nected disability for purposes of the fol- (3) by striking ‘‘$310’’ in subsection (c) and 2 If the veteran served as Chairman or Vice-Chairman lowing provisions of this title: inserting ‘‘$316’’; of the Joint Chiefs of Staff, Chief of Staff of the Army, ‘‘(1) Chapter 21, relating to specially adapt- (4) by striking ‘‘$445’’ in subsection (d) and Chief of Naval Operations, Chief of Staff of the Air Force, ed housing. inserting ‘‘$454’’; Commandant of the Marine Corps, or Commandant of the ‘‘(2) Chapter 39, relating to automobiles (5) by striking ‘‘$633’’ in subsection (e) and Coast Guard, at the applicable time designated by section and adaptive equipment.’’. inserting ‘‘$646’’; 1302 of this title, the surviving spouse’s rate shall be (b) EFFECTIVE DATE.—Subsection (c) of sec- (6) by striking ‘‘$801’’ in subsection (f) and $2,213. tion 1151 of title 38, United States Code, as inserting ‘‘$817’’; (3) Section 1311(b) is amended by striking added by subsection (a), shall apply with re- (7) by striking ‘‘$1,008’’ in subsection (g) ‘‘$237’’ and inserting ‘‘$241’’. spect to eligibility for benefits and services and inserting ‘‘$1,029’’; (4) Section 1311(c) is amended by striking provided by the Secretary of Veterans Af- (8) by striking ‘‘$1,171’’ in subsection (h) ‘‘$237’’ and inserting ‘‘$241’’. fairs on or after the date of the enactment of and inserting ‘‘$1,195’’; (5) Section 1311(d) is amended by striking this Act. (9) by striking ‘‘$1,317’’ in subsection (i) ‘‘$113’’ and inserting ‘‘$115’’. (c) ADMINISTRATION OF OFFSET PROVISION.— and inserting ‘‘$1,344’’; Subsection (b) of section 1151 is amended— (10) by striking ‘‘$2,193’’ in subsection (j) (e) DEPENDENCY AND INDEMNITY COMPENSA- (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and inserting ‘‘$2,239’’; TION FOR CHILDREN.—(1) Section 1313(a) is (2) by inserting ‘‘(except as otherwise pro- (11) in subsection (k)— amended— vided in paragraph (2))’’ after ‘‘service-con- (A) by striking ‘‘$81’’ both places it appears (A) by striking ‘‘$402’’ in paragraph (1) and nected, then’’; and and inserting ‘‘$82’’; and inserting ‘‘$410’’; (3) by adding at the end the following new (B) by striking ‘‘$2,728’’ and ‘‘$3,827’’ and (B) by striking ‘‘$578’’ in paragraph (2) and paragraph: inserting ‘‘$2,785’’ and ‘‘$3,907’’, respectively; inserting ‘‘$590’’; ‘‘(2) In the case of a judgment, settlement, (12) by striking ‘‘$2,728’’ in subsection (l) (C) by striking ‘‘$752’’ in paragraph (3) and or compromise covered by paragraph (1) that and inserting ‘‘$2,785’’; inserting ‘‘$767’’; and becomes final on or after the date of the en- (13) by striking ‘‘$3,010’’ in subsection (m) (D) by striking ‘‘$752’’ and ‘‘$145’’ in para- actment of this paragraph and that includes and inserting ‘‘$3,073’’; graph (4) and inserting ‘‘$767’’ and ‘‘$148’’, re- an amount that is specifically designated for (14) by striking ‘‘$3,425’’ in subsection (n) spectively. a purpose for which benefits are provided and inserting ‘‘$3,496’’; (2) Section 1314 is amended—

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00111 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10874 CONGRESSIONAL RECORD — SENATE October 8, 2004 (A) by striking ‘‘$237’’ in subsection (a) and the Secretary to be reasonably necessary for (1) by redesignating paragraph (4) as para- inserting ‘‘$241’’; the veteran because of such disability. graph (5); (B) by striking ‘‘$402’’ in subsection (b) and ‘‘(2) A veteran is described in this para- (2) by striking paragraph (3) and inserting inserting ‘‘$410’’; and graph if the veteran is entitled to compensa- the following new paragraphs: (C) by striking ‘‘$201’’ in subsection (c) and tion under chapter 11 of this title for a per- ‘‘(3) in the case of the initial contract in- inserting ‘‘$205’’. manent and total service-connected dis- terest rate adjustment— SEC. 308. CROSS-REFERENCE AMENDMENTS RE- ability that meets either of the following ‘‘(A) if the initial contract interest rate re- LATING TO CONCURRENT PAYMENT criteria: mained fixed for less than 5 years, be limited OF RETIRED PAY AND VETERANS’ ‘‘(A) The disability is due to blindness in to a maximum increase or decrease of 1 per- DISABILITY COMPENSATION. both eyes with 5/200 visual acuity or less. centage point; or (a) PROHIBITION AGAINST DUPLICATION OF ‘‘(B) The disability includes the anatom- ‘‘(B) if the initial contract interest rate re- BENEFITS.—Section 5304(a)(1) is amended by ical loss or loss of use of both hands. mained fixed for 5 years or more, be limited inserting ‘‘as provided in section 1414 of title ‘‘(3) Assistance under paragraph (1) may be to a maximum increase or decrease of such 10 or’’ after ‘‘Except’’. provided only to a veteran who the Secretary percentage point or points as the Secretary (b) WAIVER OF RETIRED PAY.—Section 5305 determines— may prescribe; is amended by striking ‘‘Any’’ in the first ‘‘(A) is residing in and reasonably intends ‘‘(4) in the case of any single annual inter- sentence and inserting ‘‘Except as provided to continue residing in a residence owned by est rate adjustment after the initial contract in section 1414 of title 10, any’’. such veteran or by a member of such vet- interest rate adjustment, be limited to a TITLE IV—HOUSING MATTERS eran’s family; or maximum increase or decrease of 1 percent- ‘‘(B) if the veteran’s residence is to be con- age point; and’’; and SEC. 401. AUTHORITY TO PROVIDE SPECIALLY ADAPTED HOUSING TO CERTAIN DIS- structed or purchased, will be residing in and (3) in paragraph (5), as so redesignated, by ABLED VETERANS. reasonably intends to continue residing in a striking ‘‘5 percentage points’’ and all that The text of section 2101 is amended to read residence owned by such veteran or by a follows and inserting ‘‘such number of per- as follows: member of such veteran’s family. centage points as the Secretary shall pre- EGULATIONS ‘‘(a) ACQUISITION OF HOUSING WITH SPECIAL ‘‘(c) R .—Assistance under this scribe for purposes of this section.’’. FEATURES.—(1) Subject to paragraph (3), the section shall be provided in accordance with (c) NO EFFECT ON GUARANTEE OF LOANS Secretary may assist a disabled veteran de- such regulations as the Secretary may pre- UNDER HYBRID ADJUSTABLE RATE MORTGAGE scribed in paragraph (2) in acquiring a suit- scribe.’’. GUARANTEE DEMONSTRATION PROJECT.—The able housing unit with special fixtures or SEC. 402. TRANSITIONAL HOUSING AMEND- amendments made by this section shall not movable facilities made necessary by the na- MENTS. be construed to affect the force or validity of ture of the veteran’s disability, and nec- (a) USE OF VETERAN VOLUNTEERS.—Section any guarantee of a loan made by the Sec- essary land therefor. 2051 is amended by adding at the end the fol- retary of Veterans Affairs under the dem- ‘‘(2) A veteran is described in this para- lowing new subsection: onstration project for the guarantee of hy- graph if the veteran is entitled to compensa- ‘‘(g) Notwithstanding any other provision brid adjustable rate mortgages under section tion under chapter 11 of this title for a per- of law, a multifamily transitional housing 3707A of title 38, United States Code, as in ef- manent and total service-connected dis- project that is funded by a loan guaranteed fect on the day before the date of the enact- ability that meets any of the following cri- under this subchapter may accept uncompen- ment of this Act. teria: sated voluntary services performed by any SEC. 406. TERMINATION OF COLLECTION OF ‘‘(A) The disability is due to the loss, or eligible entity (as that term is defined in LOAN FEES FROM VETERANS RATED section 2011(d) of this title) in connection ELIGIBLE FOR COMPENSATION AT loss of use, of both lower extremities such as PRE-DISCHARGE RATING EXAMINA- to preclude locomotion without the aid of with the construction, alteration, or repair of such project.’’. TIONS. braces, crutches, canes, or a wheelchair. Section 3729(c) is amended— ‘‘(B) The disability is due to— (b) AUTHORIZATION FOR COMMERCIALLY- LEASED SPACE.—Section 2052(c)(1) is amend- (1) by inserting ‘‘(1)’’ before ‘‘A fee’’; and ‘‘(i) blindness in both eyes, having only (2) by adding at the end the following new light perception, plus ed by striking ‘‘services’’ and inserting ‘‘services, other commercial activities,’’. paragraph: ‘‘(ii) loss or loss of use of one lower extrem- ‘‘(2) A veteran who is rated eligible to re- ity. SEC. 403. INCREASE IN MAXIMUM AMOUNT OF ceive compensation as a result of a pre-dis- ‘‘(C) The disability is due to the loss or loss HOME LOAN GUARANTY FOR CON- STRUCTION AND PURCHASE OF charge disability examination and rating of use of one lower extremity together HOMES AND ANNUAL INDEXING OF shall be treated as receiving compensation with— AMOUNT. for purposes of this subsection as of the date ‘‘(i) residuals of organic disease or injury; (a) MAXIMUM LOAN GUARANTY BASED ON 100 on which the veteran is rated eligible to re- or PERCENT OF FREDDIE MAC CONFORMING LOAN ceive compensation as a result of the pre-dis- ‘‘(ii) the loss or loss of use of one upper ex- RATE.—Section 3703(a)(1) is amended by charge disability examination and rating tremity, striking ‘‘$60,000’’ each place it appears in without regard to whether an effective date which so affect the functions of balance or subparagraphs (A)(i)(IV) and (B) and insert- of the award of compensation is established propulsion as to preclude locomotion with- ing ‘‘the maximum guaranty amount (as deas of that date.’’. out the aid of braces, crutches, canes, or a fined in subparagraph (C))’’. SEC. 407. THREE-YEAR EXTENSION OF NATIVE wheelchair. (b) DEFINITION.—Such section is further AMERICAN VETERAN HOUSING LOAN ‘‘(D) The disability is due to the loss, or amended by adding at the end the following PILOT PROGRAM. loss of use, of both upper extremities such as new subparagraph: Section 3761(c) is amended by striking ‘‘De- to preclude use of the arms at or above the ‘‘(C) In this paragraph, the term ‘maximum cember 31, 2005’’ and inserting ‘‘December 31, elbows. guaranty amount’ means the dollar amount 2008’’. ‘‘(3) The regulations prescribed under sub- that is equal to 25 percent of the Freddie TITLE V—MATTERS RELATING TO section (c) shall require that assistance Mac conforming loan limit limitation deter- FIDUCIARIES under paragraph (1) may be provided to a mined under section 305(a)(2) of the Federal SEC. 501. DEFINITION OF FIDUCIARY. veteran only if the Secretary finds that— Home Loan Mortgage Corporation Act (12 (a) IN GENERAL.—(1) Chapter 55 is amended ‘‘(A) it is medically feasible for the veteran U.S.C. 1454(a)(2)) for a single-family resi- by adding at the end the following new sec- to reside in the proposed housing unit and in dence, as adjusted for the year involved.’’. tion: the proposed locality; SEC. 404. EXTENSION OF AUTHORITY FOR GUAR- ‘‘§ 5506. Definition of ‘fiduciary’ ‘‘(B) the proposed housing unit bears a ANTEE OF ADJUSTABLE RATE MORT- proper relation to the veteran’s present and GAGES. ‘‘For purposes of this chapter and chapter anticipated income and expenses; and Section 3707(a) is amended by striking 61 of this title, the term ‘fiduciary’ means— ‘‘(C) the nature and condition of the pro- ‘‘during fiscal years 1993, 1994, and 1995’’ and ‘‘(1) a person who is a guardian, curator, posed housing unit are such as to be suitable inserting ‘‘during fiscal years 1993 through conservator, committee, or person legally to the veteran’s needs for dwelling purposes. 2008’’. vested with the responsibility or care of a claimant (or a claimant’s estate) or of a ben- ‘‘(b) ADAPTATIONS TO RESIDENCE OF VET- SEC. 405. EXTENSION AND IMPROVEMENT OF AU- ERAN.—(1) Subject to paragraph (3), the Sec- THORITY FOR GUARANTEE OF HY- eficiary (or a beneficiary’s estate); or retary shall assist any disabled veteran de- BRID ADJUSTABLE RATE MORT- ‘‘(2) any other person having been ap- scribed in paragraph (2) (other than a vet- GAGES. pointed in a representative capacity to re- eran who is eligible for assistance under sub- (a) EXTENSION OF AUTHORITY.—Subsection ceive money paid under any of the laws ad- section (a))— (a) of section 3707A is amended by striking ministered by the Secretary for the use and ‘‘(A) in acquiring such adaptations to such ‘‘during fiscal years 2004 and 2005’’ and in- benefit of a minor, incompetent, or other veteran’s residence as are determined by the serting ‘‘during fiscal years 2004 through beneficiary.’’. Secretary to be reasonably necessary be- 2008’’. (2) The table of sections at the beginning of cause of such disability; or (b) MODIFICATION OF INTEREST RATE AD- such chapter is amended by adding at the ‘‘(B) in acquiring a residence already JUSTMENT REQUIREMENTS.—Subsection (c) of end the following new item: adapted with special features determined by such section is amended— ‘‘5506. Definition of ‘fiduciary’.’’.

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(b) CONFORMING AMENDMENTS TO SECTION ‘‘(C) a person who has been appointed a fi- ‘‘(C) In any other case in which actual neg- 5502.—Section 5502 is amended— duciary of the beneficiary by a court of com- ligence is shown. (1) in subsection (a)— petent jurisdiction; or ‘‘(b) REISSUANCE OF MISUSED BENEFITS IN (A) in paragraph (1), by striking ‘‘other ‘‘(D) being appointed to manage an estate OTHER CASES.—(1) In any case in which a fi- person’’ and inserting ‘‘other fiduciary’’; and where the annual amount of veterans bene- duciary described in paragraph (2) misuses (B) in the second sentence of paragraph (2), fits to be managed by the proposed fiduciary all or part of an individual’s benefit paid to by inserting ‘‘for benefits under this title’’ does not exceed $3,600, as adjusted pursuant such fiduciary, the Secretary shall pay to after ‘‘in connection with rendering fidu- to section 5312 of this title. the beneficiary or the beneficiary’s successor ciary services’’; ‘‘(d) TEMPORARY FIDUCIARIES.—When in the fiduciary an amount equal to the amount of (2) in subsection (b), by striking ‘‘guardian, opinion of the Secretary, a temporary fidu- such benefit so misused. curator, conservator, or other person’’ each ciary is needed in order to protect the assets ‘‘(2) Paragraph (1) applies to a fiduciary place it appears and inserting ‘‘fiduciary’’; of the beneficiary while a determination of that— and incompetency is being made or appealed or a ‘‘(A) is not an individual; or (3) in subsection (d), by striking ‘‘guardian, fiduciary is appealing a determination of ‘‘(B) is an individual who, for any month curator, or conservator’’ and inserting ‘‘fidu- misuse, the Secretary may appoint one or during a period when misuse occurs, serves ciary’’. more temporary fiduciaries for a period not 10 or more individuals who are beneficiaries (c) CONFORMING AMENDMENT TO SECTION to exceed 120 days. If a final decision has not under this title. 6101.—Section 6101(a) is amended by striking been made within 120 days, the Secretary ‘‘(3) In any other case in which the Sec- ‘‘guardian, curator,’’ and all that follows may not continue the appointment of the fi- retary obtains recoupment from a fiduciary through ‘‘beneficiary,’’ and inserting ‘‘fidu- duciary without obtaining a court order for who has misused benefits, the Secretary ciary (as defined in section 5506 of this title) appointment of a guardian, conservator, or shall promptly remit payment of the re- for the benefit of a minor, incompetent, or other fiduciary under the authority provided couped amounts to the beneficiary or the other beneficiary under laws administered by in section 5502(b) of this title.’’. beneficiary’s successor fiduciary as the case the Secretary,’’. (b) CLERICAL AMENDMENT.—The table of may be. sections at the beginning of such chapter is ‘‘(c) LIMITATION ON TOTAL AMOUNT PAID.— SEC. 502. INQUIRY, INVESTIGATIONS, AND QUALI- The total of the amounts paid to a bene- FICATION OF FIDUCIARIES. amended by adding after the item added by section 501(a)(2) the following new item: ficiary (or a beneficiary’s successor fidu- (a) IN GENERAL.—Chapter 55, as amended ciary) under this section may not exceed the ‘‘5507. Inquiry, investigations, and qualifica- by section 501(a)(1), is further amended by total benefit amount misused by the fidu- tion of fiduciaries.’’. adding at the end the following new section: ciary with respect to that beneficiary. ‘‘§ 5507. Inquiry, investigations, and qualifica- SEC. 503. MISUSE OF BENEFITS BY FIDUCIARIES. ‘‘(d) RECOUPMENT OF AMOUNTS REISSUED.— tion of fiduciaries (a) PROTECTION OF VETERANS BENEFITS In any case in which the Secretary reissues WHEN ADMINISTERED BY FIDUCIARIES.—(1) ‘‘(a) Any certification of a person for pay- a benefit payment (in whole or in part) under Chapter 61 is amended by adding at the end subsection (a) or (b), the Secretary shall ment of benefits of a beneficiary to that per- the following new sections: son as such beneficiary’s fiduciary under sec- make a good faith effort to obtain tion 5502 of this title shall be made on the ‘‘§ 6106. Misuse of benefits by fiduciaries recoupment from the fiduciary to whom the basis of— ‘‘(a) FEE FORFEITURE IN CASE OF BENEFIT payment was originally made.’’. (b) CLERICAL AMENDMENT.—The table of ‘‘(1) an inquiry or investigation by the Sec- MISUSE BY FIDUCIARIES.—A fiduciary may sections at the beginning of such chapter is retary of the fitness of that person to serve not collect a fee from a beneficiary for any amended by adding at the end the following as fiduciary for that beneficiary, such in- month with respect to which the Secretary new items: quiry or investigation— or a court of competent jurisdiction has de- ‘‘(A) to be conducted in advance of such termined that the fiduciary misused all or ‘‘6106. Misuse of benefits by fiduciaries. certification; part of the individual’s benefit, and any ‘‘6107. Reissuance of benefits.’’. ‘‘(B) to the extent practicable, to include a amount so collected by the fiduciary as a fee SEC. 504. ADDITIONAL PROTECTIONS FOR BENE- face-to-face interview with such person; and for such month shall be treated as a misused FICIARIES WITH FIDUCIARIES. ‘‘(C) to the extent practicable, to include a part of the individual’s benefit. (a) ONSITE REVIEWS AND REQUIRED AC- copy of a credit report for such person issued ‘‘(b) MISUSE OF BENEFITS DEFINED.—For COUNTINGS.—(1) Chapter 55, as amended by within one year of the date of the proposed purposes of this chapter, misuse of benefits section 502(a), is further amended by adding appointment; by a fiduciary occurs in any case in which at the end the following new sections: ‘‘(2) adequate evidence that certification of the fiduciary receives payment, under any of ‘‘§ 5508. Periodic onsite reviews of institu- that person as fiduciary for that beneficiary laws administered by the Secretary, for the tional fiduciaries is in the interest of such beneficiary (as de- use and benefit of a beneficiary and uses ‘‘In addition to such other reviews of fidu- termined by the Secretary under regula- such payment, or any part thereof, for a use ciaries as the Secretary may otherwise con- tions); and other than for the use and benefit of such duct, the Secretary shall provide for the ‘‘(3) the furnishing of any bond that may be beneficiary or that beneficiary’s dependents. periodic onsite review of any person or agen- required by the Secretary. Retention by a fiduciary of an amount of a cy located in the United States that receives ‘‘(b) As part of any inquiry or investigation benefit payment as a fiduciary fee or com- the benefits payable under laws administered of any person under subsection (a), the Sec- mission, or as attorney’s fees (including ex- by the Secretary to another individual pur- retary shall request information concerning penses) and court costs, if authorized by the suant to the appointment of such person or whether that person has been convicted of Secretary or a court of competent jurisdic- agency as a fiduciary under section 5502(a)(1) any offense under Federal or State law which tion, shall be considered to be for the use or of this title in any case in which the fidu- resulted in imprisonment for more than one benefit of such beneficiary. ciary is serving in that capacity with respect year. If that person has been convicted of ‘‘(c) REGULATIONS.—The Secretary may to more than 20 beneficiaries and the total such an offense, the Secretary may certify prescribe by regulation the meaning of the annual amount of such benefits exceeds the person as a fiduciary only if the Sec- term ‘use and benefit’ for purposes of this $50,000, as adjusted pursuant to section 5312 retary finds that the person is an appro- section. of this title. priate person to act as fiduciary for the ben- ‘‘§ 6107. Reissuance of benefits ‘‘§ 5509. Authority to require fiduciary to re- eficiary concerned under the circumstances. ‘‘(a) NEGLIGENT FAILURE BY SECRETARY.— ceive payments at regional offices of the ‘‘(c)(1) In the case of a proposed fiduciary (1) In any case in which the negligent failure Department when failing to provide re- described in paragraph (2), the Secretary, in of the Secretary to investigate or monitor a quired accounting conducting an inquiry or investigation under fiduciary results in misuse of benefits by the ‘‘(a) REQUIRED REPORTS AND ACCOUNT- subsection (a)(1), may carry out such inquiry fiduciary, the Secretary shall pay to the ben- INGS.—The Secretary may require a fiduciary or investigation on an expedited basis that eficiary or the beneficiary’s successor fidu- to file a report or accounting pursuant to may include waiver of any specific require- ciary an amount equal to the amount of ben- regulations prescribed by the Secretary. ment relating to such inquiry or investiga- efits that were so misused. ‘‘(b) ACTIONS UPON FAILURE TO FILE.—In tion, including the otherwise applicable pro- ‘‘(2) There shall be considered to have been any case in which a fiduciary fails to submit visions of subparagraphs (A), (B), and (C) of a negligent failure by the Secretary to inves- a report or accounting required by the Sec- such subsection. Any such inquiry or investigate and monitor a fiduciary in the fol- retary under subsection (a), the Secretary tigation carried out on such an expedited lowing cases: may, after furnishing notice to such fidu- basis shall be carried out under regulations ‘‘(A) A case in which the Secretary failed ciary and the beneficiary entitled to such prescribed for purposes of this section. to review a fiduciary’s accounting within 60 payment of benefits, require that such fidu- ‘‘(2) Paragraph (1) applies with respect to a days of the date on which that accounting is ciary appear in person at a regional office of proposed fiduciary who is— scheduled for review. the Department serving the area in which ‘‘(A) the parent (natural, adopted, or step- ‘‘(B) A case in which the Secretary was no- the beneficiary resides in order to receive parent) of a beneficiary who is a minor; tified of allegations of misuse, but failed to such payments.’’. ‘‘(B) the spouse or parent of an incom- act within 60 days of the date of such notifi- (2) The table of sections at the beginning of petent beneficiary; cation to terminate the fiduciary. such chapter is amended by adding after the

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00113 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10876 CONGRESSIONAL RECORD — SENATE October 8, 2004 item added by section 502(b) the following ‘‘(8) The number of fiduciary cases referred newspaper of general circulation in the com- new items: to the Office of the Inspector General and munity in which the lands or buildings con- ‘‘5508. Periodic onsite reviews of institu- the nature of the actions taken by the In- cerned are located. tional fiduciaries. spector General. ‘‘(e) NATIONAL CEMETERY ADMINISTRATION ‘‘5509. Authority to require fiduciary to re- ‘‘(9) The total amount of money recovered FACILITIES OPERATION FUND.—(1) There is es- ceive payments at regional of- by the government in cases arising from the tablished on the book of the Treasury an ac- fices of the Department when misuse of benefits by a fiduciary. count to be known as the ‘National Ceme- failing to provide required ac- ‘‘(10) Such other information as the Sec- tery Administration Facilities Operation counting.’’. retary considers appropriate.’’. Fund’ (in this section referred to as the (b) JUDICIAL ORDERS OF RESTITUTION.—(1) (b) CLERICAL AMENDMENT.—The table of ‘Fund’). Chapter 61, as amended by section 503(a), is sections at the beginning of such chapter is ‘‘(2) The Fund shall consist of the fol- further amended by adding at the end the amended by adding after the items added by lowing: following new section: the amendment made by section 504(a)(2) the ‘‘(A) Proceeds from the lease of land or ‘‘§ 6108. Authority for judicial orders of res- following new item: buildings under this section. titution ‘‘5510. Annual report.’’. ‘‘(B) Proceeds of agricultural licenses of lands of the National Cemetery Administra- ‘‘(a) Any Federal court, when sentencing a SEC. 506. ANNUAL ADJUSTMENT IN BENEFITS defendant convicted of an offense arising THRESHOLDS. tion. ‘‘(C) Any other amounts appropriated to or from the misuse of benefits under this title, Section 5312(b)(1) is amended by inserting otherwise authorized for deposit in the Fund may order, in addition to or in lieu of any ‘‘and the annual benefit amount limitations by law. other penalty authorized by law, that the de- under sections 5507(c)(2)(D) and 5508 of this ‘‘(3) Amounts in the Fund shall be avail- fendant make restitution to the Department. title,’’ after ‘‘(d)(3) of such section,’’. ‘‘(b) Sections 3612, 3663, and 3664 of title 18 able to cover costs incurred by the National SEC. 507. EFFECTIVE DATES. shall apply with respect to the issuance and Cemetery Administration in the operation (a) IN GENERAL.—Except as otherwise pro- enforcement of orders of restitution under and maintenance of property of the Adminis- vided, this title and the amendments made subsection (a). In so applying those sections, tration. by this title shall take effect on the first day the Department shall be considered the vic- ‘‘(4) Amounts in the Fund shall remain of the seventh month beginning after the tim. available until expended.’’. ‘‘(c) If the court does not order restitution, date of the enactment of this Act. (b) CLERICAL AMENDMENT.—The table of or orders only partial restitution, under sub- (b) SPECIAL RULES.—(1) Section 5510 of title sections at the beginning of such chapter is section (a), the court shall state on the 38, United States Code, as added by section amended by adding at the end the following record the reasons therefor. 505(a), shall take effect on the date of the en- new item: ‘‘(d) Amounts received in connection with actment of this Act. ‘‘2412. Lease of land and buildings.’’. (2) Sections 6106 and 6107 of title 38, United misuse by a fiduciary of funds paid as bene- SEC. 603. EXCHANGES OF REAL PROPERTY FOR fits under laws administered by the Sec- States Code, as added by section 503(a), shall NATIONAL CEMETERIES. retary shall be paid to the individual whose apply with respect to any determinations by Section 2406 is amended by inserting ‘‘ex- benefits were misused. If the Secretary has the Secretary of Veterans Affairs made after change,’’ after ‘‘agencies,’’. previously reissued the misused benefits, the the date of the enactment of this Act of misuse of funds by a fiduciary. TITLE VII—IMPROVEMENTS TO amounts shall be treated in the same manner SERVICEMEMBERS CIVIL RELIEF ACT as overpayments recouped by the Secretary TITLE VI—MEMORIAL AFFAIRS MATTERS SEC. 701. CLARIFICATION OF MEANING OF and shall be deposited to the credit of the ap- SEC. 601. DESIGNATION OF PRISONER OF WAR/ ‘‘JUDGMENT’’ AS USED IN THE ACT. plicable revolving fund, trust fund, or appro- MISSING IN ACTION NATIONAL ME- Section 101 of the Servicemembers Civil MORIAL, RIVERSIDE NATIONAL CEM- priation.’’. Relief Act (50 U.S.C. App. 511) is amended by (2) The table of sections at the beginning of ETERY, RIVERSIDE, CALIFORNIA. adding at the end the following new para- such chapter is amended by adding after the (a) DESIGNATION.—The memorial to former graph: item added by section 503(b) the following prisoners of war and members of the Armed ‘‘(9) JUDGMENT.—The term ‘judgment’ new item: Forces listed as missing in action that is means any judgment, decree, order, or rul- under construction at Riverside National ‘‘6108. Authority for judicial orders of res- ing, final or temporary.’’. titution.’’. Cemetery in Riverside, California, is hereby SEC. 702. REQUIREMENTS RELATING TO WAIVER SEC. 505. ANNUAL REPORT. designated: ‘‘Prisoner of War/Missing in Ac- tion National Memorial’’. OF RIGHTS UNDER THE ACT. (a) IN GENERAL.—Chapter 55, as amended Section 107 of the Servicemembers Civil by section 504(a)(1), is further amended by (b) EFFECT OF DESIGNATION.—Such national memorial designated by subsection (a) is not Relief Act (50 U.S.C. App. 517) is amended— adding at the end the following new section: (1) in subsection (a), by inserting after the ‘‘§ 5510. Annual report a unit of the National Park System, and the designation of the national memorial shall first sentence the following new sentence: ‘‘The Secretary shall include in the Annual not be construed to require Federal funds to ‘‘Any such waiver that applies to an action Benefits Report of the Veterans Benefits Ad- be expended for any purpose related to the listed in subsection (b) of this section is ef- ministration or the Secretary’s Annual Per- national memorial. fective only if it is in writing and is executed formance and Accountability Report infor- as an instrument separate from the obliga- mation concerning fiduciaries who have been SEC. 602. LEASE OF CERTAIN NATIONAL CEME- tion or liability to which it applies.’’; TERY ADMINISTRATION PROPERTY. appointed to receive payments for bene- (2) by redesignating subsection (c) as sub- (a) IN GENERAL.—Chapter 24 is amended by ficiaries of the Department. As part of such section (d); and adding at the end the following new section: information, the Secretary shall separately (3) by inserting after subsection (b) the fol- set forth the following: — ‘‘§ 2412. Lease of land and buildings lowing new subsection (c): ‘‘(1) The number of beneficiaries in each ‘‘(a) LEASE AUTHORIZED.—The Secretary ‘‘(c) PROMINENT DISPLAY OF CERTAIN CON- category (veteran, surviving spouse, child, may lease any undeveloped land and unused TRACT RIGHTS WAIVERS.—Any waiver in writ- adult disabled child, or parent). or underutilized buildings, or parts or par- ing of a right or protection provided by this ‘‘(2) The types of benefit being paid (com- cels thereof, belonging to the United States Act that applies to a contract, lease, or simi- pensation, pension, dependency and indem- and part of the National Cemetery Adminis- lar legal instrument must be in at least 12 nity compensation, death pension or benefits tration. point type.’’. payable to a disabled child under chapter 18 ‘‘(b) TERM.—The term of a lease under sub- SEC. 703. RIGHT OF SERVICEMEMBER PLAIN- of this title). section (a) may not exceed 10 years. TIFFS TO REQUEST STAY OF CIVIL ‘‘(3) The total annual amounts and average ‘‘(c) LEASE TO PUBLIC OR NONPROFIT ORGA- PROCEEDINGS. annual amounts of benefits paid to fidu- NIZATIONS.—(1) A lease under subsection (a) Section 202(a) of the Servicemembers Civil ciaries for each category and type of benefit. to any public or nonprofit organization may Relief Act (50 U.S.C. App. 522(a)) is amended ‘‘(4) The number of fiduciaries who are the be made without regard to the provisions of by inserting ‘‘plaintiff or’’ before ‘‘defend- spouse, parent, legal custodian, court-ap- section 3709 of the Revised Statutes (41 ant’’. pointed fiduciary, institutional fiduciary, U.S.C. 5). SEC. 704. TERMINATION OF LEASES. custodian in fact, and supervised direct pay- ‘‘(2) Notwithstanding section 1302 of title (a) JOINT LEASES.—Subsection (a) of sec- ees. 40 or any other provision of law, a lease tion 305 of the Servicemembers Civil Relief ‘‘(5) The number of cases in which the fidu- under subsection (a) to any public or non- Act (50 U.S.C. App. 535) is amended to read as ciary was changed by the Secretary because profit organization may provide for the follows: of a finding that benefits had been misused. maintenance, protection, or restoration of ‘‘(a) TERMINATION BY LESSEE.— ‘‘(6) How such cases of misuse of benefits the leased property by the lessee, as a part ‘‘(1) IN GENERAL.—The lessee on a lease de- were addressed by the Secretary. or all of the consideration for the lease. scribed in subsection (b) may, at the lessee’s ‘‘(7) The final disposition of such cases of ‘‘(d) NOTICE.—Before entering into a lease option, terminate the lease at any time misuse of benefits, including the number and under subsection (a), the Secretary shall give after— dollar amount of any benefits reissued to appropriate public notice of the intention of ‘‘(A) the lessee’s entry into military serv- beneficiaries. the Secretary to enter into the lease in a ice; or

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00114 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2004 CONGRESSIONAL RECORD — SENATE S10877 ‘‘(B) the date of the lessee’s military orders scribed by section 3330a(a)(1)(B) with respect NOTICE: REGISTRATION OF MASS described in paragraph (1)(B) or (2)(B) of sub- to a violation described by such section,’’ MAILINGS section (b), as the case may be. after ‘‘a preference eligible’’. The filing date for 2004 third quarter ‘‘(2) JOINT LEASES.—A lessee’s termination SEC. 805. REPORT ON SERVICEMEMBERS’ AND of a lease pursuant to this subsection shall VETERANS’ AWARENESS OF BENE- mass mailings is Monday, October 25, terminate any obligation a dependent of the FITS AND SERVICES AVAILABLE 2004. If your office did no mass mailings lessee may have under the lease.’’. UNDER LAWS ADMINISTERED BY during this period, please submit a (b) MOTOR VEHICLES LEASES.— SECRETARY OF VETERANS AFFAIRS. form that states ‘‘none.’’ (1) APPLICABILITY TO PCS ORDERS FROM (a) REPORT.—Not later than one year after Mass mailing registrations, or nega- STATES OUTSIDE CONUS.—Subparagraph (B) of the date of the enactment of this Act, the tive reports, should be submitted to subsection (b)(2) of such section is amended Secretary of Veterans Affairs shall submit to the Senate Office of Public Records, 232 by striking ‘‘military orders for’’ and all Congress a report setting forth a detailed de- that follows through ‘‘or to deploy’’ and in- scription of (1) the outreach efforts of the Hart Building, Washington, DC 20510– serting ‘‘military orders— Department of Veterans Affairs, as of the 7116. ‘‘(i) for a change of permanent station— date of the enactment of this Act, to inform The Public Records office will be ‘‘(I) from a location in the continental members of the uniformed services and vet- open from 9:00 a.m. to 5:30 p.m. on the United States to a location outside the con- erans (and their family members and sur- filing date to accept these filings. For tinental United States; or vivors) of the benefits and services to which further information, please contact the ‘‘(II) from a location in a State outside the they are entitled under laws administered by public Records office at (202) 224–0322. continental United States to any location the Secretary, and (2) the current level of outside that State; or awareness of those members and veterans f ‘‘(ii) to deploy’’. (and family members and survivors) of those EXECUTIVE SESSION (2) DEFINITIONS.—Such section is further benefits and services. amended by adding at the end the following (b) MATTERS TO BE INCLUDED.—The report new subsection: under subsection (a) shall include the fol- EXECUTIVE CALENDAR ‘‘(i) DEFINITIONS.— lowing: ‘‘(1) MILITARY ORDERS.—The term ‘military Mr. FRIST. I ask unanimous consent (1) A description of the outreach activities that the Senate proceed to executive orders’, with respect to a servicemember, conducted by the Secretary in each of the means official military orders, or any notifi- three Administrations of the Department of session for the consideration of the fol- cation, certification, or verification from the Veterans Affairs and outreach activities con- lowing nominations on the Executive servicemember’s commanding officer, with ducted by other entities within the Depart- Calendar. For the information of Mem- respect to the servicemember’s current or fu- ment. bers, these are uniformed military pro- ture military duty status. (2) The results of a national survey, con- motions that were reported by the ‘‘(2) CONUS.—The term ‘continental United ducted as described in subsection (c), to as- Armed Services Committee. The nomi- States’ means the 48 contiguous States and certain servicemembers’ and veterans’ level the District of Columbia.’’. nations are 917 through 923, and all of awareness of benefits and services referred nominations on the Secretary’s desk in (c) COVERAGE OF INDIVIDUAL DEPLOY- to in subsection (a) and whether MENTS.—Subsection (b) of such section is fur- servicemembers and veterans know how to the Air Force, Army, and Navy. I further amended in paragraph (1)(B) and para- access those benefits and services. ther ask consent that the nominations graph (2)(B)(ii) (as designated by subsection (3) Recommendations by the Secretary on be confirmed, the motion to reconsider (b) of this section) by inserting ‘‘, or as an how outreach and awareness activities to be laid upon the table, the President be individual in support of a military oper- veterans and servicemembers may be im- immediately notified of the Senate’s ation,’’ after ‘‘deploy with a military unit’’. proved. action, and the Senate then resume TITLE VIII—OTHER MATTERS (c) CONDUCT OF SURVEY.—The survey con- legislative session. SEC. 801. PRINCIPAL OFFICE OF UNITED STATES ducted for purposes of subsection (b)(2) shall The PRESIDING OFFICER. Without COURT OF APPEALS FOR VETERANS be conducted in a manner to include a statis- CLAIMS. objection, it is so ordered. tically valid sample of persons in each of the The nominations considered and con- Section 7255 is amended by striking ‘‘Dis- following groups: trict of Columbia’’ and inserting ‘‘Wash- (1) World War II veterans. firmed en bloc are as follows: ington, D.C., metropolitan area’’. (2) Korean conflict era veterans. AIR FORCE SEC. 802. TECHNICAL AMENDMENTS RELATING (3) Vietnam era veterans. The following Air National Guard of the TO THE UNITED STATES COURT OF (4) Persian Gulf era veterans. United States officers for appointment in the APPEALS FOR VETERANS CLAIMS. (5) Active duty servicemembers. Reserve of the Air Force to the grades indi- (a) RESTORATION OF PRIOR PROVISION RE- (6) National Guard and Reserve members cated under title 10, U.S.C., section 12203: LATING TO CHIEF JUDGE.—Section 7253(d)(1) is activated under title 10, United States Code. To be major general amended by inserting after ‘‘(1)’’ the fol- (7) Family members and survivors. lowing: ‘‘The chief judge of the Court is the Brig. Gen. David A. Brubaker, 0000 head of the Court.’’. Brig. Gen. Annette L. Sobel, 0000 (b) CAPITALIZATION AMENDMENTS.—Section f To be brigadier general 7253(d)(4)(A) is amended by striking ‘‘court’’ Colonel Eugene J. Delgado, 0000 in clauses (i) and (ii) and inserting ‘‘Court’’. AUTHORITY FOR COMMITTEES TO Colonel James J. D’Agostino, 0000 (c) DATE OF ENACTMENT REFERENCE.—Sec- MEET Colonel Charles M. Campbell, 0000 tion 7253(h)(4) is amended by striking ‘‘the Colonel William S. Busby, III, 0000 date of the enactment of this subsection’’ COMMITTEE ON FINANCE Colonel Robert B. Buehler, 0000 and inserting ‘‘December 27, 2001,’’. Mrs. DOLE. Mr. President, I ask Colonel Hugh T. Broomall, 0000 SEC. 803. EXTENSION OF BIENNIAL REPORT OF unanimous consent that the Com- Colonel Michael G. Brandt, 0000 ADVISORY COMMITTEE ON FORMER To be major general PRISONERS OF WAR. mittee on Finance be authorized to Section 541(c)(1) is amended by striking meet during the session on Friday, Oc- Brig. Gen. John M. White, 0000 ‘‘2003’’ and inserting ‘‘2009’’. tober 8, 2004, at 10 a.m., in 215 Dirksen Brig. Gen. Frank D. Tutor, 0000 SEC. 804. AVAILABILITY OF ADMINISTRATIVE Senate Office Building, to consider the To be brigadier general AND JUDICIAL REDRESS FOR CER- nomination of Anna Escobedo Cabral Colonel Stephen M. Sischo, 0000 TAIN VETERANS DENIED OPPOR- to be United States Treasurer, U.S. De- Colonel Don E. Reynolds, 0000 TUNITY TO COMPETE FOR FEDERAL Colonel Richard J. Prosek, 0000 EMPLOYMENT. partment of the Treasury. Colonel Peter S. Pawling, 0000 (a) ADMINISTRATIVE REDRESS.—Section The PRESIDING OFFICER. Without Colonel Dennis W. Menefee, 0000 3330a(a)(1) of title 5, United States Code, is objection, it is so ordered. Colone James M. Lillis, 0000 amended— JOINT ECONOMIC COMMITTEE Colonel Richard D. King, 0000 (1) by inserting ‘‘(A)’’ after ‘‘(1)’’; and Colonel David E. Holman, 0000 (2) by adding at the end the following new Mrs. DOLE. Mr. President, I ask Colonel Allison A. Hickey, 0000 subparagraph: unanimous consent that the Joint Eco- Colonel Thomas J. Haynes, 0000 ‘‘(B) A veteran described in section nomic Committee be authorized to con- Colonel Donald D. Harvel, 0000 3304(f)(1) who alleges that an agency has vio- duct a hearing in Room 628 of the Dirk- Colonel Steven E. Foster, 0000 lated such section with respect to such vet- sen Senate Office Building, Friday, Oc- Colonel John B. Ellington, Jr., 0000 eran may file a complaint with the Secretary Colonel Richard G. Elliott, 0000 of Labor.’’. tober 8, 2004, from 9:30 a.m. to 12:30 p.m. (b) JUDICIAL REDRESS.—Section 3330b(a) is The PRESIDING OFFICER. Without To be major general amended by inserting ‘‘, or a veteran de- objection, it is so ordered. Brig. Gen. Frank Pontelandolfo, Jr., 0000

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00115 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10878 CONGRESSIONAL RECORD — SENATE October 8, 2004 Brig. Gen. Alan L. Cowles, 0000 Brig. Gen. Alan L. Cowles, 0000 APPOINTMENTS Brig. Gen. Harry W. Feucht, Jr., 0000 Brig. Gen. Harry W. Feucht, Jr., 0000 Brig. Gen. Charles A. Morgan, III, 0000 Brig. Gen. Charles A. Morgan, III, 0000 The PRESIDING OFFICER. The Brig. Gen. Mark R. Musick, 0000 Brig. Gen. Mark R. Musick, 0000 Chair, on behalf of the President pro Brig. Gen. Allen R. Dehnert, 0000 Brig. Gen. Allen R. Dehnert, 0000 tempore, pursuant to Public Law 106– ARMY ARMY 398, as amended by Public Law 108–7, in The following named officer for appoint- The following named officer for appoint- accordance with the qualifications ment in the United states Army to the grade ment in the United States Army to the grade specified under section 1238(b)(3)(E) of indicated while assigned to a position of im- indicated while assigned to a position of im- Public Law 106–398, and upon the rec- portance and responsibility under title 10, portance and responsibility under title 10, ommendation of the Majority Leader, U.S.C., section 601: U.S.C., section 601: in consultation with the chairmen of To be lieutenant general To be lieutenant general the Senate Committee on Armed Serv- Maj. Gen. Raymond T. Odierno, 0000 Maj. Gen. Raymond T. Odierno, 0000 ices and the Senate Committee on Fi- The following named officers for appoint- nance, appoints the following individ- ment in the United States Army to the grade NAVY indicated under title 10, U.S.C., section 624: uals to the United States-China Eco- The following named officer for appoint- nomic Security Review Commission: To be brigadier general ment in the United States Naval Reserve to the Honorable Fred D. Thompson, of Colonel Rodney O. Anderson, 0000 the grade indicated under title 10, U.S.C., Colonel Robert M. Brown, 0000 section 12203: Tennessee, for a term beginning Janu- ary 1, 2005 and expiring December 31, Colonel James L. Huggins, Jr., 0000 To be rear admiral (lower half) Colonel Jeffrey C. Horne, 0000 2006. Capt. Edward T. Reidy, III, 0000 Colonel David D. Halverson, 0000 THE PRESIDING OFFICER. The Colonel Mark A. Graham, 0000 The following named officer for appoint- Chair, on behalf of the President pro Colonel Michael Ferriter, 0000 ment in the United States Naval Reserve to tempore, pursuant to Public Law 106– Colonel Jeffrey J. Dorko, 0000 the grade indicated under title 10, U.S.C., Colonel Walter L. Davis, 0000 section 12203; 398, as amended by Public Law 108–7, in accordance with the qualifications Colonel Charles T. Cleveland, 0000 To be rear admiral (lower half) Colonel John F. Campbell, 0000 specified under section 1238(b)(3)(E) of Colonel Christopher Tucker, 0000 Capt. Gregory A. Timberlake, 0000 Public Law 106–398, and upon the rec- Colonel Michael J. Terry, 0000 The following named officer for appoint- ommendation of the Democratic Lead- Colonel Rickey L. Rife, 0000 ment in the United States Navy to the grade er, in consultation with the chairmen Colonel Ernest E. Porter, 0000 indicated under title 10, U.S.C., section 624: Colonel Belinda Pinckney, 0000 of the Senate Committee on Armed To be rear admiral (lower half) Colonel William N. Phillips, 0000 Services and the Senate Committee on Colonel Peter J. Palmer, 0000 Capt. Edward H. Deets, III, 0000 Finance, appoints the following indi- Colonel Theodore C. Nicholas, 0000 The following named officer for appoint- vidual to the United States-China Eco- Colonel James M. Milano, 0000 ment in the United States Naval Reserve to nomic Security Review Commission: Colonel James C. Yarbrough, 0000 the grade indicated under title 10, U.S.C., Patrick A. Mulloy of Virginia, for a Colonel Robert H. Woods, Jr., 0000 section 624; term beginning January 1, 2005 and ex- Colonel Michael J. Walsh, 0000 To be rear admiral Colonel Andrew B. Twomey, 0000 piring December 31, 2006. Colonel Michael S. Tucker, 0000 Rear Adm. (lh) Andrew M. Singer, 0000 Colonel Richard R. McPhee, 0000 AIR FORCE f Colonel Anne F. Macdonald, 0000 PN1439 AIR FORCE nominations (160) be- Colonel Kevin A. Leonard, 0000 ginning LAUREN F. * AASE, and ending MEASURE READ THE FIRST Colonel Susan S. Lawrence, 0000 SUSAN E. * YOUNG, which nominations Colonel Harvey T. Landwermeyer, 0000 TIME—S. 2949 were received by the Senate and appeared in Colonel Brian A. Keller, 0000 the Congressional Record of March 12, 2004. Mr. FRIST. I understand S. 2949 is at Colonel Nickolas G. Justice, 0000 the desk, and I ask for its first reading. Colonel Rodney L. Johnson, 0000 ARMY The PRESIDING OFFICER. The Colonel Mark A. Bellini, 0000 PN1127 ARMY nominations (18) beginning clerk will report the bill by title. Colonel Steven M. Anderson, 0000 JULIA A. ADAMS, and ending JANET L. Colonel John M. Bednarek, 0000 WILSON, which nominations were received The legislative clerk read as follows: Colonel James J. D’Agostino, 0000 by the Senate and appeared in the Congres- A bill (S. 2949) to amend the Low-Income Colonel Charles M. Campbell, 0000 sional Record of November 17, 2003. Home Energy Assistance Act of 1981 to reau- Colonel William S. Busby, III, 0000 PN2006 ARMY nomination of Graeme J. thorize the Act, and for other purposes. Colonel Robert B. Buehler, 0000 Boyett, which was received by the Senate Mr. JEFFORDS. Mr. President, this Colonel Hugh T. Broomall, 0000 and appeared in the Congressional Record of Colonel Michael G. Brandt, 0000 legislation reauthorizes the Low In- September 23, 2004. come Home Energy Assistance Pro- To be major general NAVY gram, or LIHEAP. I am pleased to be Brig. Gen. John M. White, 0000 Brig. Gen. Frank D. Tutor, 0000 PN2007 NAVY nominations (422) beginning joined in this effort by 13 other Sen- BLAINE E MOWREY, and ending VICTORIA ators: the Junior Senator from Maine, To be brigadier general A YODER, which nominations were received Mrs. COLLINS, the Senior from Colonel Stephen M. Sischo, 0000 by the Senate and appeared in the Congres- Vermont, Mr. LEAHY, the Senator from Colonel Don E. Reynolds, 0000 sional Record of September 23, 2004 Connecticut, Mr. DODD, the Senator Colonel Richard J. Prosek, 0000 PN2008 NAVY nominations (12) beginning from Rhode Island, Mr. REED, the Sen- Colonel Peter S. Pawling, 0000 JERRIS L BENNETT, and ending JESSE J Colonel Dennis W. Menefee, 0000 ZIMBAUER, which nominations were re- ator from Delaware, Mr. BIDEN, the Colonel James M. Lillis, 0000 ceived by the Senate and appeared in the Senator from Massachusetts, Mr. KEN- Colonel Richard D. King, 0000 Congressional Record of September 23, 2004. NEDY, the Senator from New Mexico, Colonel David E. Holman, 0000 Mr. BINGAMAN, the Senator from New Colonel Allison A. Hickey, 0000 Colonel Thomas J. Haynes, 0000 f Jersey, Mr. LAUTENBERG, the Senator Colonel Donald D. Harvel, 0000 from Maryland, Mr. SARBANES, the Colonel Steven E. Foster, 0000 Senior Senator from Maine, Ms. LEGISLATIVE SESSION Colonel John B. Ellington, Jr., 0000 SNOWE, the Senator from New York, Colonel Richard G. Elliott, 0000 The PRESIDING OFFICER. Under Mr. SCHUMER, the Senator from Wis- To be major general the previous order, the Senate will re- consin, Mr. KOHL, and the Senator from Brig. Gen. Frank Pontelandolfo, Jr., 0000 sume legislative session. Rhode Island, Mr. CHAFEE.

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00116 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2004 CONGRESSIONAL RECORD — SENATE S10879 Funding authorization for this criti- our credit limit in the amount we can The PRESIDING OFFICER. The cally important program technically spend on the LIHEAP program. That is clerk will report the bill by title. expires at the end of fiscal year 2004. In wrong. It is poor financial planning and The legislative clerk read as follows: a regular year, the fiscal year ends on it does a grave injustice to the families A bill (S. 2965) to amend the Livestock September 30, a date that has already that are counting on us, especially Mandatory Price Reporting Act of 1999 to passed. Right now, our Government is when we know fuel costs are going to modify the termination date for mandatory operating under a temporary extension be high this winter. We should make price reporting. of the fiscal year 2004 budget that ex- certain that we can give the LIHEAP There being no objection, the Senate pires on November 20, 2004. Today, the program the money it needs, and do so proceeded to consider the bill. Federal Government released money now. Mr. FRIST. Mr. President, I ask for the first quarter of 2005 at the old Second, this bill is important our unanimous consent that the bill be fiscal year 2004 funding levels. I know constituents face an uncertain and read a third time and passed, the mo- that the states are grateful to have frightening future with respect to en- tion to reconsider be laid upon the this additional money in hand. We ergy costs. We should not continue to table, and that any statements regard- must do something now to ensure that fund LIHEAP at last year’s level when ing this matter be printed in the this vital program is reauthorized at a we know that costs are increasing. In RECORD. higher funding level right away, so Vermont, my state’s fuel assistance The PRESIDING OFFICER. Without that we can provide America’s low in- programs are now receiving calls from objection, it is so ordered. come families the extra help they need constituents on fixed incomes that The bill (S. 2965) was read the third this winter to pay their home heating have fallen behind on their fuel pay- time and passed, as follows: bills. Who knows now, when we will ments and are concerned about making S. 2965 ends meet. Vermont’s first deadline for finish appropriations for fiscal year Be it enacted by the Senate and House of Rep- 2005? We may finish our appropriations applications for fuel assistance was Au- resentatives of the United States of America in legislation in December or January, gust 31, 2004, and payments are not ex- Congress assembled, and we seem headed down that path. pected to reach eligible applicants SECTION 1. EXTENSION. The bill my colleagues and I intro- until November. In response to this Section 942 of the Livestock Mandatory duce today sends the right message to first deadline, my state received 1,800 Price Reporting Act of 1999 (7 U.S.C. 1635 concerned constituents already worried more applications than last year. note; Public Law 106–78) is amended by strik- about about how they will afford to Vermont’s increase in assistance appli- ing ‘‘terminate’’ and all that follows and in- heat their homes in the face of re- cations reflects the increased heating serting ‘‘terminate on September 30, 2005.’’. ported higher home heating costs in costs throughout the Northeast and f the next few months. With this bill we Midwest. Almost daily, newspapers are MEASURE PLACED ON THE say even if Congress continues to ex- reporting on the effect of higher energy CALENDAR—S. 2938 tend last fiscal year’s appropriations costs for consumers in these regions level or pass a new one, the Senate will this winter. The Energy Information Mr. FRIST. Mr. President, I under- increase the amount of money that can Administration released its winter stand that there is a bill at the desk be put toward the LIHEAP program. forecast this week. They forecast that that is due for a second reading. Fortunately, we know we have sup- heating costs will increase, and heating The PRESIDING OFFICER. The port in the Senate for the legislation a home with oil in particular will go up clerk will report the title of the bill for my colleagues and I introduce today. by more than 28% compared to a year a second time. On February 12, 2004, the Senate passed ago and will cost an average of more The legislative clerk read as follows: S. 1786 unanimously. S. 1786 is a bill to than $1,300. Compared to average heat- A bill (S. 2938) to grant a Federal charter extend the Community Services Block ing costs from 1998 to 2000, expendi- to the National American Indian Veterans, Grant Act. Included in Title II, Section tures this winter are expected to be 45 Incorporated. 202 of that bill is a provision that percent higher for heating oil. Mr. FRIST. Mr. President, I object to would provide an annual LIHEAP fund- Vermont is not alone. The costs for further proceedings on the measure at ing authorization of $3.4 billion in each all heating fuels will be greater than this time in order to place the bill on of FY2004–FY2006 and at such sums as last year throughout New England and the calendar under the provisions of necessary through FY2010. This bill is the Midwest. Natural gas will cost 11% rule XIV. identical to Section 202 of S. 1786. more than it did last year, and propane The PRESIDING OFFICER. The bill Given that it has moved unanimously will cost 17% more. This may be our will be placed on the calendar. in the past, it is my hope that the bill last opportunity to act before the onset f I introduce today can pass quickly and of cold weather in New England and become law. the Midwest. Families and businesses NATIONAL INTELLIGENCE REFORM Why is this bill important, Mr. Presi- who face a heating crisis this winter ACT OF 2004 dent? First, authorizing LIHEAP at a deserve our help. Again, I think my MODIFICATION TO AMENDMENT NO. 3977 higher funding level would mean that a colleagues, and I urge swift passage of Mr. FRIST. Mr. President, I ask subsequent appropriations bill could this bill. unanimous consent that notwith- add more funds to LIHEAP for this Mr. FRIST. I ask for its second read- standing the passage of S. 2845, amend- winter’s heating season. All of the fis- ing, and in order to place the bill on ment No. 3977, previously agreed to, be cal year 2004 appropriation for LIHEAP the calendar under rule XIV I object to modified with the changes that are at has been released, a total of $1.7 billion further proceeding on this matter. the desk. in regular funds and $99 million in con- The PRESIDING OFFICER. The ob- The PRESIDING OFFICER. Without tingency funds, and we’ve funded the jection is heard. objection, it is so ordered. first quarter of 2005 at that same fund- The bill will be read the second time The modification was agreed to, as ing level. Even if we wanted to add on the next legislative day. follows: more money for LIHEAP this winter, f On page 4 after the words ‘‘and information Mr. President, Congress is running gathering’’ insert the following: ‘‘and other’’. close to the total authorized limit for AMENDING THE LIVESTOCK MAN- On page 4, after the words ‘‘or inter- the program. Under current law, Con- DATORY PRICE REPORTING ACT national terrorist activities’’ insert ‘‘, but gress can only give can only give OF 1999 does not include personnel, physical docu- LIHEAP up to $600 million in contin- Mr. FRIST. Mr. President, I ask ment, or communications security programs’’ gency funds, and $2 billion in annual unanimous consent that the Senate On page 181, after the words, ‘‘to the na- regular funding. We are about to head proceed to the immediate consider- tional security’’ insert the following: ‘‘or in- into what is likely to be a cold winter ation of S. 2965, which was introduced volving intelligence acquired through clan- with high fuel cost having nearly hit earlier today by Senator COCHRAN. destine means’’.

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00117 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10880 CONGRESSIONAL RECORD — SENATE October 8, 2004 AMENDING THE PUBLIC HEALTH øSec. 102. Pilot program on additional two- assess the feasibility and advisability of per- SERVICE ACT year period for use of entitle- mitting individuals whose entitlement to ment by participants in Mont- Mr. FRIST. Mr. President, I ask basic educational assistance under this chap- gomery GI Bill for vocational ter expires under section 3031 of this title be- unanimous consent that the Senate or job readiness training. fore their complete use of such entitlement now proceed to the immediate consid- øSec. 103. Exclusion of veterans education eration of H.R. 3858, which is at the benefits in determination of eli- to be entitled to an additional two-year period for their use of such entitlement. desk. gibility or amount of Federal The PRESIDING OFFICER. The educational grants and loans. ø‘‘(2) The pilot program shall commence øSec. 104. Collection of contributions for six months after the date of the enactment clerk will report the bill by title. educational assistance under The legislative clerk read as follows: Montgomery GI Bill from Re- of this section, and shall terminate four A bill (H.R. 3858) to amend the Public serves called to active duty. years after the date of the commencement of Health Service Act to increase the supply of øTITLE II—HOUSING BENEFITS the pilot program. pancreatic islet cells for research, and to øSec. 201. Increase in maximum amount of ø‘‘(b) ADDITIONAL TWO-YEAR PERIOD OF EN- provide for better coordination of Federal ef- housing loan guarantee. TITLEMENT.—Notwithstanding any provision forts and information on islet cell transplan- øSec. 202. Permanent authority for guar- of section 3031 of this title, an individual de- tation. antee of adjustable rate mort- scribed in subsection (c) shall, at the expira- There being no objection, the Senate gages. tion of the 10-year period beginning on the øSec. 203. Permanent authority for guar- proceeded to consider the bill. educational assistance entitlement com- antee of hybrid adjustable rate Mr. FRIST. Mr. President, I ask mencement date of such individual, be enti- unanimous consent that the bill be mortgages and modification of guarantee authority. tled to an additional two-year period for the read a third time and passed, the mo- øSec. 204. Termination of collection of loan use of entitlement to basic educational as- tion to reconsider be laid upon the fees from veterans rated eligi- sistance under this chapter. table, and that any statements relating ble for compensation at pre-dis- ø‘‘(c) ELIGIBLE INDIVIDUALS.—(1) An indi- to the bill be printed in the RECORD. charge rating examinations. vidual described in this subsection is any in- The PRESIDING OFFICER. Without øTITLE III—OTHER BENEFITS AND dividual who— objection, it is so ordered. BENEFITS MATTERS ø‘‘(A) as of the end of the 10-year period be- ø The bill (H.R. 3858) was read the third Subtitle A—Employment Benefits ginning on the educational assistance enti- time and passed. øSec. 301. Availability of administrative and tlement commencement date of such indi- f judicial redress for certain vet- vidual— erans denied opportunity to ø‘‘(i) would remain entitled to basic edu- VETERANS’ BENEFITS compete for Federal employ- cational assistance under this chapter but IMPROVEMENTS ACT OF 2004 ment. for the expiration of the 10-year delimiting ø Mr. FRIST. Mr. President, I ask Subtitle B—Medical Benefits period applicable to such individual under øSec. 311. Prohibition on collection of co- section 3031 of this title; and unanimous consent that the Senate ø‘‘(ii) has not utilized all of the entitle- proceed to the immediate consider- payments for hospice care. ø ment of such individual to basic educational ation of Calendar No. 706, S. 2486, the Subtitle C—Extension of Benefits and Related Authorities assistance under this chapter; and veterans’ non-health care benefits bill. ø‘‘(B) at the time of the application for en- ø The PRESIDING OFFICER. The Sec. 321. Extension of various authorities titlement under this subsection (d), is ac- relating to benefits for vet- cepted, enrolled, or otherwise participating clerk will report the bill by title. erans. The legislative clerk read as follows: (as determined by the Secretary) in instruc- øSubtitle D—Other Matters tion or training described in subsection (e). A bill (S. 2486) to amend title 38, United øSec. 331. Modification of definition of mi- States Code, to improve and enhance edu- ø‘‘(2) This subsection does not apply to an nority group member for pur- cation, housing, employment, medical, and poses of Advisory Committee individual otherwise described by paragraph other benefits for veterans and to improve on Minority Veterans. (1) whose remaining entitlement to basic and extend certain authorities relating to ø educational assistance under this chapter as the administration of benefits for veterans, SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE. described in subparagraph (A)(ii) of that and for other purposes. øExcept as otherwise expressly provided, paragraph is based on the transfer of basic There being no objection, the Senate whenever in this Act an amendment or re- educational assistance under section 3020 of proceeded to consider the bill, which peal is expressed in terms of an amendment this title. had been reported from the Committee to, or repeal of, a section or other provision, ø‘‘(d) APPLICATION.—(1) An individual seek- on Veterans’ Affairs with an amend- the reference shall be considered to be made ing an additional two-year period for the use ment to strike all after the enacting to a section or other provision of title 38, of entitlement under this section shall subclause and insert in lieu thereof the United States Code. øTITLE I—EDUCATION BENEFITS mit to the Secretary an application therefor following: containing such information as the Sec- øSEC. 101. INCREASE IN MAXIMUM AMOUNT OF (Strike the part shown in black retary may require for purposes of this sec- brackets and insert the part shown in CONTRIBUTION FOR INCREASED AMOUNT OF BASIC EDUCATIONAL tion. italic.) ASSISTANCE UNDER MONTGOMERY ø‘‘(2) The Secretary may not receive appli- S. 2486 GI BILL. ø cations under this subsection after the ter- Be it enacted by the Senate and House of Rep- (a) ACTIVE DUTY BENEFIT.—Section mination date of the pilot program under resentatives of the United States of America in 3011(e)(3) is amended by striking ‘‘$600’’ and Congress assembled, inserting ‘‘$2,000’’. subsection (a)(2). ø(b) SELECTED RESERVE BENEFIT.—Section øSECTION 1. SHORT TITLE; TABLE OF CONTENTS. ø‘‘(e) COMMENCEMENT OF ADDITIONAL PE- 3012(f)(3) is amended by striking ‘‘$600’’ and ø RIOD FOR USE.—The additional two-year pe- (a) SHORT TITLE.—This Act may be cited inserting ‘‘$2,000’’. as the ‘‘Veterans’ Benefits Improvements riod for the use of entitlement by an indi- øSEC. 102. PILOT PROGRAM ON ADDITIONAL TWO- Act of 2004’’. vidual under this section shall commence on ø YEAR PERIOD FOR USE OF ENTITLE- (b) TABLE OF CONTENTS.—The table of con- MENT BY PARTICIPANTS IN MONT- the date the application of the individual tents for this Act is as follows: GOMERY GI BILL FOR VOCATIONAL under subsection (d) is received by the Sec- øSec. 1. Short title; table of contents. OR JOB READINESS TRAINING. retary if the Secretary determines pursuant ø(a) IN GENERAL.—(1) Subchapter I of chap- Sec. 2. References to title 38, United States to a review of the application that the indi- Code. ter 30 is amended by adding at the end the vidual is an individual described by sub- ø following new section: TITLE I—EDUCATION BENEFITS section (c) for purposes of this section. øSec. 101. Increase in maximum amount of ø‘‘§ 3020A. Additional two-year period for use ø contribution for increased of entitlement for vocational or job readi- ‘‘(f) INSTRUCTION OR TRAINING COVERED BY amount of basic educational as- ness instruction or training: pilot program ADDITIONAL PERIOD FOR USE.—(1) The in- sistance under Montgomery GI ø‘‘(a) PILOT PROGRAM REQUIRED.—(1) The struction or training for which entitlement Bill. Secretary shall carry out a pilot program to to basic educational assistance under this

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00118 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2004 CONGRESSIONAL RECORD — SENATE S10881 chapter may be used during the additional ø(2) by redesignating subsection (h) as sub- such paragraph, as so designated, two ems, two-year period for the use of entitlement section (i); and and, in that paragraph by striking ‘‘this under this section is as follows: ø(3) by inserting after subsection (g) the chapter’’ and inserting ‘‘this subsection’’; ø‘‘(A) Education leading to employment in following new subsection (h): and a high technology industry for purposes of ø‘‘(h) An individual whose period for the ø(3) by inserting after paragraph (1), as so section 3014A of this title. use of entitlement to basic educational as- designated, the following new paragraph: ø‘‘(B) A full-time program of apprentice- sistance under this chapter would otherwise ø‘‘(2) In the case of an individual covered ship or other on-job training approved as expire under this section may be eligible for by paragraph (1) who is a Reserve, the Sec- provided in clause (1) or (2), as appropriate, an additional two-year period for the use of retary shall collect from the individual an of section 3687 of this title. entitlement under section 3020A of this amount equal to $1,200 before the commence- ø‘‘(C) A cooperative program (as defined in title.’’. ment by the individual of the use of entitle- section 3482(a)(2) of this title). øSEC. 103. EXCLUSION OF VETERANS EDUCATION ment to basic educational assistance under ø‘‘(D) A licensing or certification test ap- BENEFITS IN DETERMINATION OF this chapter. The Secretary may collect such proved under section 3689 of this title. ELIGIBILITY OR AMOUNT OF FED- amount through reductions in basic pay in ø ERAL EDUCATIONAL GRANTS AND ‘‘(E) Training or education leading toward LOANS. accordance with paragraph (1) or through a professional or vocational objective which ø(a) IN GENERAL.—(1) Subchapter II of such other method as the Secretary deter- has been approved in accordance with the chapter 36 is amended by inserting after sec- mines appropriate.’’. provisions of subchapter I of chapter 36 of tion 3694 the following new section: ø(b) SELECTED RESERVE PROGRAM.—Section this title and is identified by the Secretary ø‘‘§ 3694A. Exclusion of veterans education 3012(c) is amended— in regulations to be prescribed by the Sec- ø benefits in determination of eligibility or (1) by striking ‘‘The basic pay’’ and in- retary for purposes of this section. serting ‘‘(1) Except as provided in paragraph ø‘‘(2) Entitlement to basic educational as- amount of Federal education grants and loans (2), the basic pay’’; sistance under this chapter may not be used ø(2) by designating the second sentence as ø‘‘(a) EXCLUSION.—Notwithstanding any during the additional two-year period for the paragraph (3), indenting the left margin of other provision of law and subject to sub- use of entitlement under this section for the such paragraph, as so designated, two ems, section (b), education benefits shall not be instruction or training as follows: and, in that paragraph by striking ‘‘this considered as income, assets, or other mone- ø‘‘(A) General education leading toward a chapter’’ and inserting ‘‘this subsection’’; tary resource in determining eligibility for, standard college degree (as defined in section and or the amount of, grant or loan assistance 3452(g) of this title), unless the program or ø(3) by inserting after paragraph (1), as so training concerned will result in an associ- provided under title IV of the Higher Edu- cation Act of 1965 (20 U.S.C. 1070 et seq.). designated, the following new paragraph: ates degree that is approved by the Sec- ø ø‘‘(b) EXCEPTION.—In the case of campus- ‘‘(2) In the case of an individual covered retary in the manner specified in paragraph based student financial assistance, the by paragraph (1) who is a Reserve, the Sec- (1)(E) to be necessary to obtain a profes- amount of such assistance for which an indi- retary shall collect from the individual an sional or vocational objective. vidual would otherwise be eligible without amount equal to $1,200 before the commence- ø‘‘(B) Preparatory courses for a test that is taking into consideration education benefits ment by the individual of the use of entitle- required or used for admission to an institu- as described in subsection (a) shall be re- ment to basic educational assistance under tion of higher education or graduate school. duced to the extent that the sum of such this chapter. The Secretary may collect such ø‘‘(g) COORDINATION WITH CERTAIN OTHER amount, the amount of the education bene- amount through reductions in basic pay in BENEFITS.—(1) An individual entitled to fits of the individual, and the amount of the accordance with paragraph (1) or through basic educational assistance under sub- Federal Pell Grant, if any, of the individual such other method as the Secretary deter- section (c) is entitled to educational and vo- exceeds the cost of attendance of the indi- mines appropriate.’’. cational counseling under section 3697A of vidual. ø this title in connection with the use of enti- TITLE II—HOUSING BENEFITS ø‘‘(c) DEFINITIONS.—In this section: tlement under this section. øSEC. 201. INCREASE IN MAXIMUM AMOUNT OF ø‘‘(1) The term ‘campus-based student fi- ø‘‘(2) An individual using entitlement to HOUSING LOAN GUARANTEE. nancial assistance’ means grant, work, or basic educational assistance under this chap- ø(a) IN GENERAL.—Subparagraph (A)(i)(IV) loan assistance provided under subpart 3 of ter during the additional two-year period for of section 3703(a)(1) is amended by striking part A, and parts C and E of title IV of the the use of entitlement under this section is ‘‘$60,000’’ and inserting ‘‘$83,425’’. Higher Education Act of 1965 (20 U.S.C. 1070b not entitled during the use of such entitle- ø et seq; 42 U.S.C. 2751 et seq.; 20 U.S.C. 1087aa (b) CONFORMING AMENDMENT.—Subpara- ment to the following: et seq.). graph (B) of such section is amended by ø‘‘(A) Supplemental educational assistance ø‘‘(2) The term ‘cost of attendance’ has the striking ‘‘$60,000’’ and inserting ‘‘$83,425’’. under subchapter III of this chapter. meaning given such term in section 472 of øSEC. 202. PERMANENT AUTHORITY FOR GUAR- ø‘‘(B) A work-study allowance under sec- the Higher Education Act of 1965 (20 U.S.C. ANTEE OF ADJUSTABLE RATE MORT- tion 3485 of this title. 1087ll). GAGES. ø‘‘(h) EDUCATIONAL ASSISTANCE ENTITLE- ø‘‘(3) The term ‘education benefits’ means øSection 3707(a) is amended by striking MENT COMMENCEMENT DATE DEFINED.—In this education benefits under chapters 30, 32, and ‘‘The Secretary shall’’ and all that follows section, the term ‘educational assistance en- 35 of this title and under chapter 1606 of title through ‘‘guaranteeing loans’’ and inserting titlement commencement date’, in the case 10. ‘‘The Secretary shall guarantee loans’’. of an individual described in subsection ø‘‘(4) The term ‘Federal Pell Grant’ means øSEC. 203. PERMANENT AUTHORITY FOR GUAR- (b)(1), means the date on which begins the a grant provided under subpart 1 of part A of ANTEE OF HYBRID ADJUSTABLE period during which the individual may use title IV of the Higher Education Act of 1965 RATE MORTGAGES AND MODIFICA- the individual’s entitlement to educational (20 U.S.C. 1070a).’’. TION OF GUARANTEE AUTHORITY. assistance under chapter as determined ø(2) The table of sections at the beginning ø(a) PERMANENT AUTHORITY.—Subsection under section 3031 of this title. of chapter 36 is amended by inserting after (a) of section 3707A is amended by striking ø‘‘(i) EFFECT OF TERMINATION OF PILOT the item referring to section 3694 the fol- ‘‘The Secretary shall’’ and all that follows PROGRAM.—The termination of the pilot pro- lowing new item: through ‘‘guaranteeing loans’’ and inserting gram under subsection (a)(2) shall not effect ø ‘‘The Secretary shall guarantee loans’’. the continuing use of entitlement under this ‘‘3694A. Exclusion of veterans education benefits in determination of eli- ø(b) MODIFICATION OF INTEREST RATE AD- section of any individual whose additional JUSTMENT REQUIREMENTS.—Subsection (c) of two-year period for the use of entitlement gibility or amount of Federal education grants and loans.’’. such section is amended— under this section continues after the date of ø(1) by striking paragraph (3) and inserting the termination of the pilot program under ø(b) EFFECTIVE DATE.—The amendments made by this section shall be effective with the following new paragraph (3): that subsection.’’. ø‘‘(3) in the case of the initial interest rate ø respect to award years, as that term is de- (2) The table of sections at the beginning adjustment under such provisions, be limited of such chapter is amended by inserting after fined in section 481(a)(1) of the Higher Edu- cation Act of 1965 (20 U.S.C. 1088(a)(1)), begin- to a maximum increase or decrease of 1 per- the item relating to section 3020 the fol- centage point if the interest rate remained lowing new item: ning on or after July 1, 2004. ø fixed for 3 or fewer years; and’’; and ø‘‘3020A. Additional two-year period for use SEC. 104. COLLECTION OF CONTRIBUTIONS FOR ø EDUCATIONAL ASSISTANCE UNDER (2) in paragraph (4), by striking ‘‘5 per- of entitlement for vocational or MONTGOMERY GI BILL FROM RE- centage points’’ and all that follows and in- job readiness instruction or SERVES CALLED TO ACTIVE DUTY. serting ‘‘such number of percentage points as training: pilot program.’’. ø(a) ACTIVE DUTY PROGRAM.—Section the Secretary shall prescribe for purposes of ø(b) CROSS-REFERENCE AMENDMENT.—Sec- 3011(b) is amended— this section.’’. tion 3031 is amended— ø(1) by striking ‘‘The basic pay’’ and in- ø(c) NO EFFECT ON GUARANTEE OF LOANS ø(1) in subsection (a), by striking ‘‘sub- serting ‘‘(1) Except as provided in paragraph UNDER HYBRID ADJUSTABLE RATE MORTGAGE sections (b) through (g), and subject to sub- (2), the basic pay’’; GUARANTEE DEMONSTRATION PROJECT.—The section (h),’’ and inserting ‘‘subsections (b) ø(2) by designating the second sentence as amendments made by this section shall not through (h), and subject to subsection (i),’’; paragraph (3), indenting the left margin of be construed to affect the force or validity of

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any guarantee of a loan made by the Sec- øSubtitle D—Other Matters RATE.—Section 3703(a)(1) is amended by striking retary of Veterans Affairs under the dem- øSEC. 331. MODIFICATION OF DEFINITION OF MI- ‘‘$60,000’’ each place it appears in subpara- onstration project for the guarantee of hy- NORITY GROUP MEMBER FOR PUR- graphs (A)(i)(IV) and (B) and inserting ‘‘the brid adjustable rate mortgages under section POSES OF ADVISORY COMMITTEE maximum guaranty amount (as defined in sub- 3707A of title 38, United States Code, as in ef- ON MINORITY VETERANS. paragraph (C))’’. øSubsection (d) of section 544 is amended fect on the day before the date of the enact- (b) DEFINITION.—Such section is further ment of this Act. to read as follows: amended by adding at the end the following ø‘‘(d) In this section, the term ‘minority ø new subparagraph: SEC. 204. TERMINATION OF COLLECTION OF group member’ means an individual who is— LOAN FEES FROM VETERANS RATED ø ‘‘(C) In this paragraph, the term ‘maximum ELIGIBLE FOR COMPENSATION AT ‘‘(1) American Indian or Alaska Native; ø‘‘(2) Asian; guaranty amount’ means the dollar amount that PRE-DISCHARGE RATING EXAMINA- is equal to 25 percent of the Freddie Mac con- TIONS. ø‘‘(3) Black or African American; forming loan limit limitation determined under øSection 3729(c) is amended— ø‘‘(4) Native Hawaiian or other Pacific Is- section 305(a)(2) of the Federal Home Loan ø(1) by inserting ‘‘(1)’’ before ‘‘A fee’’; and lander; or Mortgage Corporation Act (12 U.S.C. 1454(a)(2)) ø(2) by adding at the end the following new ø‘‘(5) of Hispanic, Latino, or Spanish ori- for a single-family residence, as adjusted for the paragraph: gin.’’.¿ year involved.’’. ø‘‘(2) A veteran who is rated eligible to re- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ceive compensation as a result of a pre-dis- (a) SHORT TITLE.—This Act may be cited as SEC. 102. EXTENSION OF AUTHORITY FOR GUAR- charge disability examination and rating the ‘‘Veterans’ Benefits Improvements Act of ANTEE OF ADJUSTABLE RATE MORT- GAGES. shall be treated as receiving compensation 2004’’. for purposes of this subsection as of the date (b) TABLE OF CONTENTS.—The table of con- Section 3707(a) is amended by striking ‘‘dur- on which the veteran is rated eligible to re- tents for this Act is as follows: ing fiscal years 1993, 1994, and 1995’’ and insert- ceive compensation as a result of the pre-dis- Sec. 1. Short title; table of contents. ing ‘‘during fiscal years 1993 through 2011’’. charge disability examination and rating Sec. 2. References to title 38, United States SEC. 103. EXTENSION AND IMPROVEMENT OF AU- without regard to whether an effective date Code. THORITY FOR GUARANTEE OF HY- of the award of compensation is established TITLE I—HOUSING MATTERS BRID ADJUSTABLE RATE MORT- as of that date.’’. Sec. 101. Increase in maximum amount of home GAGES. øTITLE III—OTHER BENEFITS AND loan guaranty for construction (a) EXTENSION OF AUTHORITY.—Subsection (a) BENEFITS MATTERS and purchase of homes and an- of section 3707A is amended by striking ‘‘during fiscal years 2004 and 2005’’ and inserting ‘‘dur- ø nual indexing of amount. Subtitle A—Employment Benefits Sec. 102. Extension of authority for guarantee ing fiscal years 2004 through 2011’’. øSEC. 301. AVAILABILITY OF ADMINISTRATIVE of adjustable rate mortgages. (b) MODIFICATION OF INTEREST RATE ADJUST- AND JUDICIAL REDRESS FOR CER- Sec. 103. Extension and improvement of author- MENT REQUIREMENTS.—Subsection (c) of such TAIN VETERANS DENIED OPPOR- ity for guarantee of hybrid ad- section is amended— TUNITY TO COMPETE FOR FEDERAL justable rate mortgages. (1) by redesignating paragraph (4) as para- EMPLOYMENT. Sec. 104. Termination of collection of loan fees graph (5); ø(a) ADMINISTRATIVE REDRESS.—Section from veterans rated eligible for 3330a(a)(1) of title 5, United States Code, is compensation at pre-discharge (2) by striking paragraph (3) and inserting the amended— rating examinations. following new paragraphs: ø (1) by inserting ‘‘(A)’’ after ‘‘(1)’’; and TITLE II—EDUCATION MATTERS ‘‘(3) in the case of the initial interest rate ad- ø(2) by adding at the end the following new justment— Sec. 201. Collection of contributions for edu- subparagraph: cational assistance under Mont- ‘‘(A) if the initial interest rate remained fixed ø‘‘(B) A veteran described in section gomery GI Bill from members of for less than 5 years, be limited to a maximum 3304(f)(1) who alleges that an agency has vio- the Selected Reserve called to ac- increase or decrease of 1 percentage point; or lated such section with respect to such vet- tive duty. ‘‘(B) if the initial interest rate remained fixed eran may file a complaint with the Secretary Sec. 202. Educational assistance under Mont- for 5 years or more, be limited to a maximum in- of Labor.’’. gomery GI Bill for members of the crease or decrease of such percentage point or ø (b) JUDICIAL REDRESS.—Section 3330b(a)(1) Selected Reserve who aggregate 2 points as the Secretary may prescribe; of such title is amended by inserting ‘‘, or a or more years of active duty serv- ‘‘(4) in the case of any single annual interest veteran described by section 3330a(a)(1)(B) ice during any 5-year period. rate adjustment after the initial interest rate ad- with respect to a violation described by such Sec. 203. Ten-year extension of delimiting pe- justment, be limited to a maximum increase or section,’’ after ‘‘a preference eligible’’. riod for survivors’ and depend- decrease of 1 percentage point; and’’; and øSubtitle B—Medical Benefits ents’ educational assistance for (3) in paragraph (5), as so redesignated, by øSEC. 311. PROHIBITION ON COLLECTION OF CO- spouses of members who die on ac- striking ‘‘5 percentage points’’ and all that fol- PAYMENTS FOR HOSPICE CARE. tive duty. lows and inserting ‘‘such number of percentage øSection 1710B(c)(2) is amended— Sec. 204. Availability of education benefits for points as the Secretary shall prescribe for pur- ø(1) in subparagraph (A), by striking ‘‘or’’ payment for national admissions poses of this section.’’. exams and national exams for at the end; (c) NO EFFECT ON GUARANTEE OF LOANS credit at institutions of higher ø(2) by redesignating subparagraph (B) as UNDER HYBRID ADJUSTABLE RATE MORTGAGE education. subparagraph (C); and GUARANTEE DEMONSTRATION PROJECT.—The ø(3) by inserting after subparagraph (A) the TITLE III—OTHER MATTERS amendments made by this section shall not be following new subparagraph (B): Sec. 301. Availability of administrative and ju- construed to affect the force or validity of any ø‘‘(B) to a veteran being furnished hospice dicial redress for certain veterans guarantee of a loan made by the Secretary of care under this section; or’’. denied opportunity to compete for Veterans Affairs under the demonstration øSubtitle C—Extension of Benefits and Federal employment. project for the guarantee of hybrid adjustable Related Authorities Sec. 302. Extension of biennial report of Advi- rate mortgages under section 3707A of title 38, sory Committee on Former Pris- United States Code, as in effect on the day be- øSEC. 321. EXTENSION OF VARIOUS AUTHORITIES oners of War. fore the date of the enactment of this Act. RELATING TO BENEFITS FOR VET- Sec. 303. Modification of definition of minority ERANS. group member for purposes of Ad- SEC. 104. TERMINATION OF COLLECTION OF ø LOAN FEES FROM VETERANS RATED (a) SIX-YEAR EXTENSION OF BIENNIAL RE- visory Committee on Minority PORT OF ADVISORY COMMITTEE ON FORMER ELIGIBLE FOR COMPENSATION AT Veterans. PRE-DISCHARGE RATING EXAMINA- PRISONERS OF WAR.—Section 541(c)(1) is SEC. 2. REFERENCES TO TITLE 38, UNITED TIONS. amended by striking ‘‘2003’’ and inserting STATES CODE. Section 3729(c) is amended— ‘‘2009’’. Except as otherwise expressly provided, when- (1) by inserting ‘‘(1)’’ before ‘‘A fee’’; and ø(b) PERMANENT AUTHORITY FOR COUN- ever in this Act an amendment or repeal is ex- SELING AND TREATMENT FOR SEXUAL TRAU- pressed in terms of an amendment to, or repeal (2) by adding at the end the following new MA.—Section 1720D(a) is amended— of, a section or other provision, the reference paragraph: ø(1) in paragraph (1), by striking ‘‘During shall be considered to be made to a section or ‘‘(2) A veteran who is rated eligible to receive the period through December 31, 2004, the other provision of title 38, United States Code. compensation as a result of a pre-discharge dis- Secretary’’ and inserting ‘‘The Secretary’’; TITLE I—HOUSING MATTERS ability examination and rating shall be treated and as receiving compensation for purposes of this ø(2) in paragraph (2), by striking ‘‘, during SEC. 101. INCREASE IN MAXIMUM AMOUNT OF HOME LOAN GUARANTY FOR CON- subsection as of the date on which the veteran the period through December 31, 2004,’’. STRUCTION AND PURCHASE OF is rated eligible to receive compensation as a re- ø(c) FIVE-YEAR EXTENSION OF REPORTS BY HOMES AND ANNUAL INDEXING OF sult of the pre-discharge disability examination SPECIAL MEDICAL ADVISORY GROUP.—Section AMOUNT. and rating without regard to whether an effec- 7312(d) is amended by striking ‘‘December 31, (a) MAXIMUM LOAN GUARANTY BASED ON 100 tive date of the award of compensation is estab- 2004’’ and inserting ‘‘December 31, 2009’’. PERCENT OF FREDDIE MAC CONFORMING LOAN lished as of that date.’’.

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00120 Fmt 4624 Sfmt 6333 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2004 CONGRESSIONAL RECORD — SENATE S10883 TITLE II—EDUCATION MATTERS sistance as described in that subparagraph un- the Secretary) such person becomes an eligible SEC. 201. COLLECTION OF CONTRIBUTIONS FOR less an amount equal to $1,200 is first collected person within the meaning of such section.’’. EDUCATIONAL ASSISTANCE UNDER from the individual as required under that sub- SEC. 204. AVAILABILITY OF EDUCATION BENEFITS MONTGOMERY GI BILL FROM MEM- paragraph. FOR PAYMENT FOR NATIONAL AD- BERS OF THE SELECTED RESERVE ‘‘(C) The Secretary of Defense may collect MISSIONS EXAMS AND NATIONAL CALLED TO ACTIVE DUTY. amounts under subparagraph (A) through re- EXAMS FOR CREDIT AT INSTITU- (a) ACTIVE DUTY PROGRAM.—Section 3011(b) ductions in basic pay in accordance with para- TIONS OF HIGHER EDUCATION. is amended— graph (1) or through such other method as the (a) COVERED EXAMS.—Sections 3452(b) and (1) by striking ‘‘The basic pay’’ and inserting Secretary of Defense considers appropriate.’’. 3501(a)(5) are each amended by adding at the ‘‘(1) Except as provided in paragraph (2), the (c) DURATION OF ASSISTANCE.—Section 3013(b) end the following new sentence: ‘‘Such term also basic pay’’; is amended by striking ‘‘is entitled to’’ and all includes national tests for admission to institu- (2) by designating the second sentence as that follows and inserting the following: ‘‘is en- tions of higher learning or graduate schools paragraph (3), indenting the left margin of such titled to— (such as the SAT, LSAT, GRE, and GMAT paragraph, as so designated, two ems, and, in ‘‘(1) one month of educational assistance ben- exams) and national tests providing an oppor- that paragraph by striking ‘‘this chapter’’ and efits under this chapter— tunity for course credit at institutions of higher inserting ‘‘this subsection’’; and ‘‘(A) in the case of an individual described in learning (such as the AP exam).’’. (3) by inserting after paragraph (1), as so des- section 3012(a)(1)(A) of this title, for each month (b) AMOUNT OF PAYMENT.— ignated, the following new paragraph: of continuous active duty served by such indi- (1) CHAPTER 30.—Section 3032 is amended by ‘‘(2) In the case of an individual covered by vidual after June 30, 1985, as part of the obli- adding at the end the following new subsection: paragraph (1) who is a Reserve, the Secretary of gated period of active duty on which such enti- ‘‘(g)(1) Subject to paragraph (3), the amount Defense shall collect from the individual an tlement is based; of educational assistance payable under this amount equal to $1,200 before the commencement ‘‘(B) in the case of an individual described in chapter for a national test for admission or na- by the individual of the use of entitlement to section 3012(a)(1)(B) of this title, for each month tional test providing an opportunity for course basic educational assistance under this chapter. of continuous active duty served by such indi- credit at institutions of higher learning de- The Secretary of Defense may collect such vidual after June 30, 1985; or scribed in section 3452(b) of this title is the amount through reductions in basic pay in ac- ‘‘(C) in the case of an individual described in amount of the fee charged for the test. cordance with paragraph (1) or through such section 3012(a)(1)(D) of this title, for each month ‘‘(2) The number of months of entitlement other method as the Secretary of Defense con- of active duty served by such individual after charged in the case of any individual for a test siders appropriate.’’. September 11, 2001, and before July 1, 2008, as described in paragraph (1) is equal to the num- (b) SELECTED RESERVE PROGRAM.—Section part of the aggregate period of active duty on ber (including any fraction) determined by di- 3012(c) is amended— which such entitlement is based; and viding the total amount of educational assist- (1) by striking ‘‘The basic pay’’ and inserting ‘‘(2) one month of educational assistance ben- ance paid such individual for such test by the ‘‘(1) Except as provided in paragraph (2), the efits under this chapter for each four months full-time monthly institutional rate of edu- basic pay’’; served by such individual in the Selected Re- cational assistance, except for paragraph (1), (2) by designating the second sentence as serve after the applicable date specified in para- such individual would otherwise be paid under paragraph (3), indenting the left margin of such graph (1) of this subsection (other than any subsection (a)(1), (b)(1), (d), or (e)(1) of section paragraph, as so designated, two ems, and, in month in which the individual served on active 3015 of this title, as the case may be. that paragraph by striking ‘‘this chapter’’ and duty).’’. ‘‘(3) In no event shall payment of educational inserting ‘‘this subsection’’; and (d) AMOUNT OF ASSISTANCE.—Section 3015 is assistance under this subsection for a test de- (3) by inserting after paragraph (1), as so des- amended— scribed in paragraph (1) exceed the amount of ignated, the following new paragraph: (1) in subsections (a)(1)(D) and (b)(1)(D), by the individual’s available entitlement under this ‘‘(2) In the case of an individual covered by striking ‘‘subsection (h)’’ and inserting ‘‘subchapter.’’. paragraph (1) who is a Reserve, the Secretary of section (i)’’; (2) CHAPTER 32.—Section 3232 is amended by Defense shall collect from the individual an (2) by redesignating subsection (h) as sub- adding at the end the following new subsection: amount equal to $1,200 before the commencement section (i); and ‘‘(d)(1) Subject to paragraph (3), the amount by the individual of the use of entitlement to (3) by inserting after subsection (g) the fol- of educational assistance payable under this basic educational assistance under this chapter. lowing new subsection (h): chapter for a national test for admission or na- The Secretary of Defense may collect such ‘‘(h) In the case of an individual entitled to tional test providing an opportunity for course amount through reductions in basic pay in ac- an educational assistance allowance under sec- credit at institutions of higher learning de- cordance with paragraph (1) or through such tion 3012(a)(1)(D) of this title, the amount of the scribed in section 3452(b) of this title is the other method as the Secretary of Defense con- basic educational assistance allowance payable amount of the fee charged for the test. siders appropriate.’’. under this chapter is the amount determined ‘‘(2) The number of months of entitlement charged in the case of any individual for a test SEC. 202. EDUCATIONAL ASSISTANCE UNDER under subsection (b) of this section.’’. MONTGOMERY GI BILL FOR MEM- (e) OUTREACH.—(1) The Secretary concerned described in paragraph (1) is equal to the num- BERS OF THE SELECTED RESERVE shall take actions to inform members of the Se- ber (including any fraction) determined by di- WHO AGGREGATE 2 OR MORE YEARS lected Reserve who are or may become entitled viding the total amount of educational assist- OF ACTIVE DUTY SERVICE DURING to basic educational assistance benefits under ance paid such individual for such test by the ANY 5-YEAR PERIOD. chapter 30 of title 38, United States Code, as a full-time monthly institutional rate of edu- (a) ENTITLEMENT.—Section 3012(a)(1) is result of section 3012(a)(1)(D) of such title (as cational assistance, except for paragraph (1), amended— amended by subsection (a) of this section) of the such individual would otherwise be paid under (1) in subparagraph (B), by striking ‘‘or’’ at minimum service requirements for entitlement to this chapter. the end; such benefits under that chapter and of the ‘‘(3) In no event shall payment of educational (2) in subparagraph (C), by adding ‘‘or’’ at scope and nature of such benefits. assistance under this subsection for a test de- the end; and (2) In this subsection: scribed in paragraph (1) exceed the amount of (3) by inserting after subparagraph (C) the (A) The term ‘‘Secretary concerned’’ has the the individual’s available entitlement under this following new subparagraph (D): meaning given such term in section 101(25) of chapter.’’. ‘‘(D) during any five-year period beginning on title 38, United States Code. (3) CHAPTER 34.—Section 3482 is amended by or after September 11, 2001, and ending on or be- (B) The term ‘‘Selected Reserve’’ has the adding at the end the following new subsection: fore June 30, 2008, while in the Selected Reserve, meaning given such term in section 3002(4) of ‘‘(i)(1) Subject to paragraph (3), the amount of serves on active duty in the Armed Forces for title 38, United States Code. educational assistance payable under this chap- one or more periods (whether continuous or oth- ter for a national test for admission or national SEC. 203. TEN-YEAR EXTENSION OF DELIMITING erwise) aggregating not less than two years of PERIOD FOR SURVIVORS’ AND DE- test providing an opportunity for course credit service on active duty during such period;’’. PENDENTS’ EDUCATIONAL ASSIST- at institutions of higher learning described in (b) COLLECTION OF CONTRIBUTIONS.—Section ANCE FOR SPOUSES OF MEMBERS section 3452(b) of this title is the amount of the 3012(c), as amended by section 201(b) of this Act, WHO DIE ON ACTIVE DUTY. fee charged for the test. is further amended by adding at the end the fol- Section 3512(b)(1) is amended— ‘‘(2) The number of months of entitlement lowing new paragraph: (1) in subparagraph (A), by striking ‘‘in sub- charged in the case of any individual for a test ‘‘(4)(A) In the case of an individual who be- paragraph (B)’’ and inserting ‘‘in subparagraph described in paragraph (1) is equal to the num- comes entitled to basic educational assistance (B) or (C)’’; and ber (including any fraction) determined by di- under this chapter by reason of subsection (2) by adding at the end the following new viding the total amount of educational assist- (a)(1)(D), the Secretary of Defense shall collect subparagraph: ance paid such individual for such test by the from the individual an amount equal to $1,200 ‘‘(C) Notwithstanding subparagraph (A), an full-time monthly institutional rate of edu- not later than one year after the completion by eligible person referred to in that subparagraph cational assistance, except for paragraph (1), the individual of the two years of service on ac- who is made eligible under section 3501(a)(1)(B) such individual would otherwise be paid under tive duty providing the basis for such entitle- of this title by reason of the death of a person this chapter. ment. on active duty may be afforded educational as- ‘‘(3) In no event shall payment of educational ‘‘(B) An individual described in subparagraph sistance under this chapter during the 20-year assistance under this subsection for a test de- (A) shall not be entitled to basic educational as- period beginning on the date (as determined by scribed in paragraph (1) exceed the amount of

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00121 Fmt 4624 Sfmt 6333 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10884 CONGRESSIONAL RECORD — SENATE October 8, 2004 the individual’s available entitlement under this Almost all of the provisions set forth of VA fiduciaries, to enhance the chapter.’’. in S. 2486, as reported, are included in Servicemembers Civil Relief Act and (4) CHAPTER 35.—Section 3532 is amended by the substitute agreement that I the Uniformed Services Employment adding at the end the following new subsection: present to the Senate today. Changes and Reemployment Rights Act, and to ‘‘(g)(1) Subject to paragraph (3), the amount of educational assistance payable under this made, for the most part, simply reflect improve on a myriad of other veterans’ chapter for a national test for admission or na- provisions that the House has approved benefits and services. I encourage my tional test providing an opportunity for course which are acceptable to the Senate. colleagues to read the accompanying credit at institutions of higher learning de- There is, however, one notable excision Explanatory Statement, which I ask be scribed in section 3501(a)(5) of this title is the of material from the Committee-re- printed in the RECORD, for a better ac- amount of the fee charged for the test. ported bill: a provision crafted by Com- counting of these worthy items. ‘‘(2) The number of months of entitlement mittee Member ZELL MILLER that This legislation will affect positively charged in the case of any individual for a test would have increased educational as- the lives of many deserving service described in paragraph (1) is equal to the number (including any fraction) determined by di- sistance benefits for Reserves who are members, veterans, and survivors. It viding the total amount of educational assist- activated for extended periods. That merits the support of my colleagues. I ance paid such individual for such test by the provision is not included in the sub- request that support. full-time monthly institutional rate of edu- stitute amendment. Similar legisla- I yield the floor and I request the cational assistance, except for paragraph (1), tion, however, is in the offing via an- unanimous consent of the Senate that such individual would otherwise be paid under other legislative vehicle. the ‘‘Explanatory Statement’’ that ac- this chapter. After S. 2486 was reported by the Vet- companies this statement be printed in ‘‘(3) In no event shall payment of educational erans’ Committee, the President re- the RECORD. assistance under this subsection for a test de- quested that the Armed Services Com- There being no objection, the mate- scribed in paragraph (1) exceed the amount of rial was ordered to be printed in the the individual’s available entitlement under this mittees, in the course of their confer- chapter.’’. encing on the Fiscal Year 2005 Defense RECORD, as follows: EXPLANATORY STATEMENT ON SENATE AMEND- TITLE III—OTHER MATTERS Authorization bill, approve enhance- ments to educational assistance bene- MENT TO SENATE BILL S. 2486, AS AMENDED SEC. 301. AVAILABILITY OF ADMINISTRATIVE AND S. 2486, as amended, the ‘‘Veterans Benefits JUDICIAL REDRESS FOR CERTAIN fits that are substantially the same as VETERANS DENIED OPPORTUNITY those which are included in S. 2486, as Improvement Act of 2004,’’ reflects a Com- TO COMPETE FOR FEDERAL EMPLOY- reported. I have been given every indi- promise Agreement reached by the Senate and House Committees on Veterans’ Affairs MENT. cation that the President’s proposal (a) ADMINISTRATIVE REDRESS.—Section (the Committees) on the following bills re- 3330a(a)(1) of title 5, United States Code, is will be included in the conference ported during the 108th Congress: S. 2485, as amended— agreement on the Defense Authoriza- amended; S. 2486, as amended; and S. 1132, as (1) by inserting ‘‘(A)’’ after ‘‘(1)’’; and tion bill. Expecting this to be the case, introduced (Senate Bills); H.R. 1716, as (2) by adding at the end the following new Senator MILLER’s provision—a provi- amended; H.R. 3936; H.R. 4175, as amended; subparagraph: sion that was a centerpiece of the Com- H.R. 4345; and H.R. 4658, as amended (House ‘‘(B) A veteran described in section 3304(f)(1) mittee-reported bill—has been laid Bills). who alleges that an agency has violated such The Senate and House Committees on Vet- aside. In its place, the substitute erans’ Affairs have prepared the following section with respect to such veteran may file a amendment includes a provision that complaint with the Secretary of Labor.’’. explanation of S. 2486, as further amended (b) JUDICIAL REDRESS.—Section 3330b(a) of would increase benefits to the neediest (Compromise Agreement). Differences be- such title is amended by inserting ‘‘, or a vet- survivors of service members who are tween the provisions contained in the Com- eran described by section 3330a(a)(1)(B) with re- killed in combat or who subsequently promise Agreement and the related provi- spect to a violation described by such section,’’ die from service-related injuries or ill- sions of S. 2485, as amended; S. 2486, as after ‘‘a preference eligible’’. nesses. amended; S. 1132, as introduced; H.R. 1716, as SEC. 302. EXTENSION OF BIENNIAL REPORT OF Under current law, the surviving amended; H.R. 3936; H.R. 4175, as amended; ADVISORY COMMITTEE ON FORMER spouse of a service member who is H.R. 4345; and H.R. 4658, as amended; are noted in this document, except for clerical PRISONERS OF WAR. killed in service is eligible for depend- Section 541(c)(1) is amended by striking corrections, conforming changes made nec- ‘‘2003’’ and inserting ‘‘2009’’. ency and indemnity compensation essary by the Compromise Agreement, and (DIC) benefits. The new provision, SEC. 303. MODIFICATION OF DEFINITION OF MI- minor drafting, technical, and clarifying NORITY GROUP MEMBER FOR PUR- which is drawn from a provision con- changes. POSES OF ADVISORY COMMITTEE ON tained in a bill, S. 1132, that I intro- TITLE I—VETERANS EARN AND LEARN MINORITY VETERANS. duced last year, would provide, for a ACT Subsection (d) of section 544 is amended to two-year period, an additional $250 per MODIFICATION OF BENEFIT ENTITLEMENT read as follows: month of DIC to a surviving spouse CHARGES FOR CERTAIN ON-JOB TRAINING PRO- ‘‘(d) In this section, the term ‘minority group GRAMS member’ means an individual who is— who has dependent children. VA esti- Current Law ‘‘(1) American Indian or Alaska Native; mates that approximately 27 percent of ‘‘(2) Asian; service members killed in Iraq and Af- Section 3687 of title 38, United States Code, ‘‘(3) Black or African American; ghanistan are survived by spouses who charges the Montgomery GI Bill-Active Duty ‘‘(4) Native Hawaiian or other Pacific Is- have at least one dependent child. and Selected Reserve programs’ entitlement usage based on the actual ‘‘dollars used’’ of lander; or These survivors need an additional ‘‘(5) of Hispanic, Latino, or Spanish origin.’’. monthly VA payment amounts. The entitle- measure of help; the substitute amendment charge under the Vietnam-era and sur- Mr. SPECTER. Mr. President, I have ment would provide it. vivors’ and dependents’ educational assist- sought recognition to comment on a The substitute amendment also ance programs is based on the time spent in substitute amendment I propose to makes substantial improvements, au- certain training programs. make to S. 2486, the Veterans’ Benefits thored by the House, to VA educational Senate Bill Improvements Act of 2004, as part of assistance benefits provided to service The Senate Bills contain no comparable my request that the bill, as so amend- members and veterans who pursue ap- provision. ed, be approved by the Senate. The un- prenticeship and on-the-job training House Bill derlying bill, S. 2486, was reported by programs. VA programs for supporting Section 102 of H.R. 1716, as amended, would the Senate Committee on Veterans Af- those who pursue such opportunities modify the manner in which VA on-job train- fairs on July 20, 2004, and is explained have not been updated for over 50 ing and apprenticeship benefit entitlement is in detail in Senate Report 108–352. My years. These amendments are overdue. charged under the MGIB, Vietnam-era and survivors’ and dependents’ programs. The comments at this time are limited to I applaud Chairman CHRIS SMITH, the modification would charge entitlement explaining how the proposed substitute author of these provisions, for his ef- usage for all programs based on ‘‘dollars amendment, which reflects a bipartisan forts to expand employment and train- used’’ rather than time spent in training. agreement between Senate and House ing opportunities afforded to veterans. This provision would take effect one year Veterans’ Affairs Committees on issues There are many other fine additions after date of enactment. related to veterans’ non-medical bene- to the reported bill contained in the Compromise Agreement fits and services, differ from the provi- substitute amendment. They include Section 102 of the Compromise Agreement sions of S. 2486, as reported. provisions to strengthen the oversight follows the House language with an effective

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00122 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2004 CONGRESSIONAL RECORD — SENATE S10885 date of months beginning after September 30, note that this provision acknowledges com- Compromise Agreement 2005. petency-based apprenticeships but does not Section 106 of the Compromise Agreement INCREASE IN BENEFIT FOR INDIVIDUALS require employers to use them in lieu of follows the Senate language, but adds the PURSUING APPRENTICESHIP OR ON-JOB TRAINING time-based apprenticeships. In today’s work- College Level Examination Program (CLEP) Current Law place, apprenticeship programs are time- as an example of a test for which educational based or competency-based, or a combina- Sections 3032 and 3233 of title 38, United assistance benefits may be used. tion of the two. Lastly, the Committees note States Code, and Section 16131 of title 10, REQUIREMENT FOR COORDINATION OF DATA that apprenticeships offered in industries United States Code, state that beneficiaries AMONG THE DEPARTMENTS OF VETERANS AF- that elect not to register them with the De- pursuing full-time apprenticeship or on-job FAIRS, DEFENSE, AND LABOR WITH RESPECT partment of Labor, but are approved by a training programs will receive 75 percent of TO ON-JOB TRAINING State approving agency or VA, would con- the monthly educational assistance benefit Current Law for the first six months of training, 55 per- tinue to serve as legitimate training oppor- There is no applicable current law. cent for the second six months of training tunities for veterans. and 35 percent for the subsequent months. TEN-YEAR EXTENSION OF DELIMITING PERIOD Senate Bill Section 3687 of title 38, United States Code, FOR SURVIVORS’ AND DEPENDENTS’ EDU- The Senate Bills contain no comparable states that beneficiaries receiving full-time CATIONAL ASSISTANCE FOR SPOUSES OF MEM- provision. VA monthly Survivors’ and Dependents’ BERS WHO DIES ON ACTIVE DUTY House Bill Educational Assistance allowances payable Current Law Section 107 of H.R. 1716, as amended, would to individuals pursuing full-time apprentice- Chapter 35 of title 38, United States Code, require certain coordination of information ship or on-job training programs will re- entitles the surviving spouse of a service- among the Departments of Veterans Affairs, ceive, as of October l, 2004, $585 for the first member or veteran who died of a service-con- Defense, and Labor with respect to on-job six months of training, $438 for the second nected injury, or the spouse of a veteran who six months of training, $291 for the third six training and apprenticeship programs. First, is rated by VA as totally and permanently at the time of a servicemember’s separation months, and $147 for the remainder of the disabled as the result of a service connected program. from active duty, the Secretary of Defense disability, to educational assistance pro- would be required to furnish the Secretary of Senate Bill vided by the Secretary. An eligible spouse is Veterans Affairs with information con- The Senate Bills contain no comparable entitled to use such educational assistance cerning each registered apprenticeship pur- provision. during a ten-year period beginning on either: sued by the servicemember during his or her House Bill (1) the date the person became eligible by active duty service. Second, it would require Section 104 of H.R. 1716, as amended, would reason of the servicemember’s or veteran’s the Secretary of Veterans Affairs, in coordi- increase by 10 percent the full-time VA service-connected death, or (2) the date on nation with the Secretary of Labor, to en- monthly educational assistance allowance which the veteran was rated by VA as totally courage and assist States and private organi- payable to individuals pursuing a full-time and permanently disabled as the result of a zations to accord credit to servicemembers apprenticeship or on-job training program. service-connected injury. A spouse may be for skills in any related apprenticeship the For the first six months of training, the per- eligible for two ten-year eligibility periods servicemember may pursue in civilian life. centage of the monthly benefit would in- as the result of two distinct qualifying Compromise Agreement crease to 85 percent; for the second six events. A spouse who is entitled to two eligi- months of training, to 65 percent; and for bility periods will not have a subsequent pe- Section 107 of the Compromise Agreement subsequent months to 45 percent. These per- riod of eligibility reduced by any earlier pe- follows the House language. centage increases would apply to the Mont- riod. PILOT PROGRAM TO PROVIDE ON-JOB BENEFITS gomery Gl Bill Active Duty and Selected Re- Senate Bill TO TRAIN DEPARTMENT OF VETERANS AF- serve programs, and the Post-Vietnam Era FAIRS CLAIMS ADJUDICATORS Section 203 of S. 2486, as amended, would Veterans’ Educational Assistance program. extend chapter 35 educational assistance eli- Current Law The Survivors’ and Dependents’ Educational gibility from 10 to 20 years for a surviving There is no applicable current law. Assistance program would increase to $650 spouse of any person who died on active for the first six months of training, $507 for Senate Bill the second six months of training and $366 duty. The Senate Bills contain no comparable for the third six months. This provision House Bill provision. would be in effect from October 1, 2005 The House Bills contain no comparable House Bill through September 30, 2010. provision. Section 106 of H.R. 1716, as amended, would Compromise Agreement Compromise Agreement require the Secretary of Veterans Affairs to Section 103 of the Compromise Agreement Section 105 of the Compromise Agreement establish a pilot program to furnish struc- generally follows the House language, but follows the Senate language. tured on-job training and on-job training the 10 percent increase would take effect Oc- AVAILABILITY OF EDUCATIONAL BENEFITS FOR benefits to claims adjudicators training in tober 1, 2005 through December 31, 2007. PAYMENT FOR NATIONAL ADMISSIONS EXAMS its disability compensation, dependency and AUTHORITY FOR COMPETENCY-BASED AND NATIONAL EXAMS FOR CREDIT AT INSTI- indemnity compensation (DIC), and pension APPRENTICESHIPS TUTIONS OF HIGHER EDUCATION programs. The Secretary would be required Current Law Current Law to submit reports concerning continuation Section 3672 of title 38, United States Code, Sections 3452(b) and 3501(a)(5) of title 38, and expansion of the pilot program. currently allows payment of VA educational United States Code, define the term ‘‘pro- Compromise Agreement assistance benefits for time-based appren- gram of education’’ to generally include a re- Section 108 of the Compromise Agreement ticeships. quired course, or combination of courses, generally follows the House language, but Senate Bill that lead to an identified educational, pro- authorizes the Secretary to establish a pilot The Senate Bills contain no comparable fessional, or vocational objective. A ‘‘pro- program to furnish formal, structured on-job provision. gram of education’’ also includes licensing or training/benefits to claims adjudicators at House Bill certification tests that are generally re- the Secretary’s discretion, and not by statu- quired to enter into, maintain, or advance in tory mandate. The Committees note that Section 105 of H.R. 1716, as amended, would a vocation or profession. Section 3002(3) of one of VA’s four regional offices that adju- authorize VA to pay educational assistance title 38, United States Code, expands the def- dicate educational assistance claims already benefits to veterans participating in ap- inition of ‘‘program of education’’ provided offer such formal, structured on job training. proved programs of competency-based ap- in 3452(b) to include preparatory courses for prenticeships; this new authority is in addi- COLLECTION OF PAYMENT FOR EDUCATIONAL AS- a test required or used for admission to an tion to time-based apprenticeships. In the SISTANCE UNDER MONTGOMERY GI BILL FROM case of a competency-based apprenticeship institution of higher education or graduate MEMBERS OF THE SELECTED RESERVE CALLED registered with the Secretary of Labor, this school. TO ACTIVE DUTY provision requires VA to consider Depart- Senate Bill Current Law ment of Labor standards in determining the Section 204 of S. 2486, as amended, would Sections 3011(b) and 3012(c) require that for appropriate length and structure of the com- authorize VA to provide educational assist- a servicemember to be eligible for Mont- petency-based apprenticeship. This section ance benefits to reimburse eligible bene- gomery GI Bill (MGIB) educational assist- would also direct the Secretary of Veterans ficiaries for the cost of certain national tests ance benefits, the servicemember’s active Affairs to use up to $3 million to develop the required for admission to institutions of duty pay must be reduced by $100 for each of computer systems and procedures needed to higher learning or graduate schools and for the first 12 months that the individual is en- carry out section 105(a), 102, 103, and 104 of national tests that can qualify veterans for titled to such pay. The Secretary of Defense the bill. receipt of college credit. (or, in cases involving the activation of U.S. Compromise Agreement House Bill Coast Guard personnel, the Secretary of Section 104 of the Compromise Agreement The House Bills contain no comparable Homeland Security) is responsible for the follows the House language. The Committees provision. collection of the $1,200 payment.

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00123 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10886 CONGRESSIONAL RECORD — SENATE October 8, 2004 Senate Bill House Bill that the contract be entered into within 180 Section 201 of S. 2486, as amended, would Section 211 of H.R. 4658, as amended, would days of enactment was deleted. Nonetheless, permit the Secretary of Defense (or, in cases require employers to provide notice to em- the Committees expect the Secretary of Vet- involving the activation of U.S. Coast Guard ployees of the rights, benefits and obliga- erans Affairs to enter into such a contract personnel, the Secretary of Homeland Secu- tions under USERRA. Section 211 would also promptly. rity) to collect an activated Selected Re- require the Department of Labor to make TITLE III—BENEFITS MATTERS serve member’s $1,200 payment before the available to employers, within 90 days after ADDITIONAL DEPENDENCY AND INDEMNITY COM- servicemember commences use of MGIB edu- the date of enactment of this provision, the PENSATION FOR SURVIVING SPOUSES WITH DE- cational assistance benefits. text of the notice. PENDENT CHILDREN House Bill Compromise Agreement Current Law The House Bills contain no comparable Section 203 of the Compromise Agreement Section 1311(a) of title 38, United States provision. follows the House language. Code, prescribes the payment of dependency Compromise Agreement DEMONSTRATION PROJECT FOR REFERRAL OF and indemnity compensation (DIC) to the USERRA CLAIMS AGAINST FEDERAL AGENCIES surviving spouse of a veteran or servicemem- Section 109 of the Compromise Agreement TO THE OFFICE OF SPECIAL COUNSEL ber who dies as a result of a service-con- follows the Senate language with the re- Current Law nected disability. Section 1311(b) provides for quirement that the servicemember furnish a an additional amount of DIC to be paid for $1,200 payment not later than 1 year after Section 4322 of title 38, United States Code, each of the surviving spouse’s children who completion of the 2 years of active duty. provides that an individual who believes his or her USERRA rights have been violated by are under the age of 18. TITLE II—EMPLOYMENT MATTERS a Federal executive agency may file a com- Senate Bill Subtitle A—Employment and Reemployment plaint with the Secretary of Labor to inves- Section 4 of S. 1132, as introduced, would Rights tigate such complaint. If the Secretary of provide for a $250 monthly increase in DIC TWO-YEAR PERIOD OF CONTINUATION OF Labor is unable to resolve the complaint, payments for a surviving spouse with chil- EMPLOYER-SPONSORED HEALTH CARE COVERAGE then in accordance with section 4324 of title dren below the age of 18. Such payments Current Law 38, United States Code, the individual may would be authorized during the 5-year period request that the Secretary of Labor refer the Section 4317(a)(1)(A) of title 38, United following the service-connected death of the complaint to the Office of Special Counsel States Code, allows servicemembers covered servicemember or veteran. Such payments (OSC) for resolution before the Merit Sys- under the Uniformed Services Employment would cease when all children of a surviving tems Protection Board. and Reemployment Rights Act of 1994 spouse reach age 18. (USERRA) to elect to continue employer- Senate Bill House Bill provided health coverage for up to 18 months The Senate Bills contain no comparable The House Bills contain no comparable while on active duty, provided the service- provision. provision. member pays up to 102 percent of the pre- House Bill Compromise Agreement mium. Section 212 of H.R. 4658, as amended, would Section 301 of the Compromise Agreement Senate Bill require the Secretary of Labor and the Office follows the Senate language, except that the The Senate Bills contain no comparable of Special Counsel (OSC) to carry out a $250 monthly increase in DIC would only be provision. three-year demonstration project on enforce- authorized during the 2-year period following ment of USERRA rights for Federal execu- House Bill the application for such benefit. The Com- tive branch employees. The demonstration mittees intend that when the Secretary noti- Section 201 of H.R. 4658, as amended, would project would allow certain individuals who fies a DIC recipient of the additional benefit increase from 18 months to 24 months the allege a Federal executive agency has vio- provided by this section, such notice shall maximum period of employer-provided lated their USERRA rights to file a com- clearly indicate that this is a transitional health coverage that an employee covered by plaint with OSC. For the OSC demonstration benefit which is limited to two years. USERRA may elect to continue. The cov- project, USERRA cases involving Federal OFFSET OF VETERANS’ DISABILITY COMPENSA- erage would become effective on the first day agencies would be selected by the terminal TION AND DEPENDENCY AND INDEMNITY COM- of the servicemember’s absence from em- digit of the claimant’s social security num- PENSATION FROM AWARDS UNDER RADIATION ployment following the date of enactment of ber or, if there is no social security number, EXPOSURE COMPENSATION PROGRAM this provision. the claimant’s case number. Cases with odd Current Law Compromise Agreement terminal digits would be sent directly to OSC. The Comptroller General of the United Under current law, a veteran who first ap- Section 201 of the Compromise Agreement plies for and receives an award under the follows the House language. States would be required to conduct periodic evaluations of the demonstration project and compensation program administered by the REINSTATEMENT OF REPORTING REQUIREMENTS submit to Congress a final report. Department of Justice pursuant to the Radi- Current Law Compromise Agreement ation Exposure Compensation Act (RECA), Public Law 101–426, is prohibited from receiv- Section 4332 of title 38, United States Code, Section 204 of the Compromise Agreement ing benefits from the Department of Vet- formerly required that the Secretary of follows the House language. While this dem- erans Affairs. However, a veteran who ap- Labor, in consultation with the Office of onstration project would be limited to plies for VA benefits first may then apply for Special Counsel and the U.S. Attorney Gen- USERRA cases involving Federal executive the RECA award, subject to an offset by the eral, provide annual reports to Congress on agency employees, the Committees intend to Department of Justice of the amounts re- the disposition of cases filed under USERRA. examine further USERRA education and en- ceived from VA. This requirement expired on February 1, forcement activities by the Departments of 1996. Labor, Justice and Defense to determine Senate Bill Senate Bill whether all claimants are being effectively The Senate Bills contain no comparable provision. The Senate Bills contain no comparable and efficiently served under the current sys- provision. tem. House Bill House Bill Subtitle B—Other Matters Section 202 of H.R. 1716, as amended, would REPORT OF EMPLOYMENT PLACEMENT, RETEN- repeal the bar that prevents a veteran or sur- Section 202 of H.R. 4658, as amended, would TION, AND ADVANCEMENT OF RECENTLY SEPA- vivor from applying for VA benefits if the in- reinstate a requirement that the Secretary RATED SERVICEMEMBERS dividual had previously received compensa- of Labor, in consultation with the Office of Current Law tion from the Department of Justice’s RECA Special Counsel and the U.S. Attorney Gen- program. The bill would allow individuals to There is no applicable current law. eral, provide annual reports to Congress on receive VA compensation or dependency and the disposition of cases filed under USERRA, Senate Bill indemnity compensation (DIC) benefits to effective February 1, 2005. The Senate Bills contain no comparable which they are entitled. However, VA would Compromise Agreement provision. be required to withhold compensation or DIC Section 202 of the Compromise Agreement House Bill payments until the amount of the RECA follows the House language. Section 206 of H.R. 1716, as amended, would award has been deducted. This provision is REQUIREMENT FOR EMPLOYERS TO PROVIDE direct the Secretary of Veterans Affairs to effective for compensation or DIC benefits NOTICE OF RIGHTS AND DUTIES UNDER USERRA contract for a report within 180 days of en- paid after March 26, 2002. This is the date actment on employment placement, reten- regulations providing for a presumption of Current Law tion, and advancement of recently-separated service-connection for certain radiation-re- There is no applicable current law. veterans. lated disabilities were established. Senate Bill Compromise Agreement Compromise Agreement The Senate Bills contain no comparable Section 211 of the Compromise Agreement Section 302 of the Compromise Agreement provision. follows the House language. The requirement follows the House language.

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EXCLUSION OF LIFE INSURANCE PROCEEDS FROM EFFECTIVE DATE OF DEATH PENSION TRANSITIONAL HOUSING AMENDMENTS CONSIDERATION AS INCOME FOR VETERANS’ Current Law Current Law PENSION PURPOSES Section 5110(d) of title 38, United States Section 2051 of title 38, United States Code, Current Law Code, provides that an award based on a establishes the general authority governing Section 1503(a) of title 38, United States death pension claim received more than 45 loan guarantees for multifamily transitional Code, requires VA in determining eligibility days after the veteran’s death can be effec- housing. Section 2052 establishes eligibility for death pension benefits to consider annual tive no earlier than the date of the claim. If and other requirements for such loans. income, including all payments of any kind the application is received within 45 days of Senate Bill or from any source. the veteran’s death, then the effective date The Senate Bills contain no comparable of the death pension award is the first day of Senate Bill provision. the month in which the death occurred. House Bill The Senate Bills contain no comparable Senate Bill provision. Section 303 of H.R. 1716, as amended, would The Senate Bills contain no comparable provide that a multifamily transitional House Bill provision. housing project that is funded by a VA-guar- Section 203 of H.R. 1716, as amended, would House Bill anteed loan may accept uncompensated vol- exclude life insurance proceeds from consid- untary services as defined in section 2011(d) Section 204 of H.R. 1716, as amended, would eration of income for death pension benefits. of title 38, United States Code, in connection repeal the 45-day rule for the effective date with the construction, alteration, or repair Compromise Agreement of death pension. Therefore, a claim for of such project. This section would also add death pension received within one year from Section 303 of the Compromise Agreement commercial activities, other than neighbor- the date of the veteran’s death would be ef- follows the House language. hood retail services or job training pro- fective the first day of the month in which CERTAIN SERVICE-CONNECTED DISABILITY BENE- grams, to the purposes for which multi- the death occurred. FITS AUTHORIZED FOR PERSONS DISABLED BY family transitional housing space may be TREATMENT OR VOCATIONAL REHABILITATION Compromise Agreement used. PROVIDED BY THE DEPARTMENT OF VETERANS Section 305 of the Compromise Agreement Compromise Agreement AFFAIRS follows the House language. Section 402 of the Compromise Agreement Current Law CODIFICATION OF ADMINISTRATIVE ACTIONS RE- follows the House language. The Committees Section 1151(a) of title 38, United States LATING TO PRESUMPTIONS OF SERVICE CON- intend that veterans be hired at these new Code, authorizes disability compensation or NECTION FOR VETERANS EXPOSED TO IONIZING centers of commercial activity where prac- dependency and indemnity compensation for RADIATION ticable. veterans and their dependents who are in- Current Law INCREASE IN, AND ANNUAL INDEXING OF, MAX- jured or die as a result of negligent VA med- Section 1112(c)(2) of title 38, United States IMUM AMOUNT OF HOME LOAN GUARANTY FOR ical treatment, or in VA-sponsored rehabili- Code, lists 16 diseases that VA presumes are CONSTRUCTION AND PURCHASE OF HOMES tation or training. Under the decision of the related to exposure to ionizing radiation. In Current Law United States Court of Appeals for the Fed- addition to the 16 listed in statute, VA regu- Section 3703 of title 38, United States Code, eral Circuit in Kilpatrick v. Secretary of Vet- lations list an additional five diseases: bone establishes that a loan of more than $144,000 erans Affairs, 327 F.3d 1375 (Fed. Cir. 2003), cancer, brain cancer, colon cancer, lung can- made to an eligible veteran under section veterans disabled under section 1151 are eli- cer, and ovarian cancer. Servicemembers 3710 for purchase or construction of a home gible for specially adapted housing allow- who participated in certain radiation-risk is automatically guaranteed by the United ances under chapter 21 of title 3 8, United activities, as defined in section 1112(c)(3)(B), States in an amount not to exceed the lesser States Code. Section 1151 (b) prohibits the re- benefit from the presumption of service-con- of $60,000 or 25 percent of the loan. ceipt of VA compensation benefits or DIC nection to ionizing radiation. Senate Bill (for amounts attributable to loss of consor- Senate Bill Section 101 of S. 2486, as amended, would tium or society) where an individual, on or The Senate Bills contain no comparable increase the maximum VA home loan guar- after December 1, 1962, receives a judgment provision. anty to 25 percent of the Freddie Mac con- against, or settlement or compromise pay- House Bill forming loan amount for a single-family res- ment from, the United States, until an idence and annually index the maximum Section 201 of H.R. 1716, as amended, would amount equal to any judgment against, or amount of VA’s home loan guaranty for con- add bone cancer, brain cancer, colon cancer, settlement or compromise payment from the struction or purchase of a home to the lung cancer, and ovarian cancer to the statu- United States is recouped. Freddie Mac limit. Senate Bill tory list of those diseases presumed to be related to ionizing radiation exposure during House Bill The Senate Bills contain no comparable participation in certain radiation-risk ac- Section 301 of H.R. 1716, as amended, and provision. tivities. Section 201 would also codify addi- H.R. 4345 contain a similar provision. House Bill tional locations where radiation-risk activi- Compromise Agreement Section 205(a) of H.R. 1716, as amended, ties occurred for purposes of determining Section 403 of the Compromise Agreement would allow veterans and dependents who which veterans qualify for the presumption follows the Senate language. are injured as a result of negligent VA med- of service-connection of certain diseases re- EXTENSION OF AUTHORITY FOR GUARANTEE OF ical treatment or rehabilitation or training lated to ionizing radiation exposure. ADJUSTABLE RATE MORTGAGES to qualify for vocational rehabilitation bene- Compromise Agreement Current Law fits, in addition to specially adapted auto- Section 306 of the Compromise Agreement Section 3707 of title 38, United States Code, mobile and adaptive equipment grants. Sec- follows the House language. formerly authorized a three-year test of a tion 205(b) would provide that where a judg- TITLE IV—HOUSING MATTERS VA-guaranteed adjustable rate mortgage ment, settlement or compromise of a claim program (ARM). The VA ARM program was AUTHORITY TO PROVIDE SPECIALLY ADAPTED is offset against benefits provided by the in force from fiscal year 1993 through fiscal HOUSING TO CERTAIN DISABLED VETERANS Secretary, such offset would be applied only year 1995. Current Law to the comparable benefit. Senate Bill Compromise Agreement Chapter 21 of title 38, United States Code, Section 102 of S. 2486, as amended, would Section 304 of the Compromise Agreement authorizes the Secretary to provide grants to reinstate the VA ARM program and extend generally follows the House language, but adapt or acquire suitable housing for certain its authorization through fiscal year 2011. severely disabled veterans. omits eligibility for vocational rehabilita- House Bill tion benefits. Section 205(c) is amended to Senate Bill The House Bills contain no comparable provide that in the event that a judgment, The Senate Bills contain no comparable provision. settlement or compromise specifically des- provision. Compromise Agreement ignates a portion of such award for housing House Bill Section 404 of the Compromise Agreement or automobile benefits such as those pro- Section 302 of H.R. 1716, as amended, would follows the Senate language but would ex- vided under Chapters 21 or 39, and the bene- extend eligibility for specially adapted hous- tend the VA ARM program authorization ficiary later applies for benefits under Chap- ing grants to veterans with permanent and through fiscal year 2008. ter 21 or 39, benefits under those chapters total service-connected disabilities due to would be reduced by the amount of benefits EXTENSION AND IMPROVEMENT OF AUTHORITY the loss, or loss of use, of both arms at or specifically designated in the judgment, set- FOR GUARANTEE OF HYBRID ADJUSTABLE above both elbows. tlement or compromise. Any amounts in ex- RATE MORTGAGES cess of those permitted under Chapter 21 or Compromise Agreement Current Law 39 would be offset against benefits paid under Section 401 of the Compromise Agreement Section 3707A of title 38, United States Chapter 11. follows the House language. Code, authorizes VA, during fiscal years 2004

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00125 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10888 CONGRESSIONAL RECORD — SENATE October 8, 2004 and 2005, to guarantee hybrid adjustable rate TITLE V—MATTERS RELATING TO intend that the Secretary have discretion in mortgage (hybrid ARM) loans. Annual inter- FIDUCIARIES determining when such a person would be an est rate adjustments on VA-guaranteed hy- DEFINITION OF FIDUCIARY appropriate person to serve as a fiduciary. brid ARM loans are subject to a maximum The Committees expect the Secretary to Current Law increase or decrease of one percentage point consider such factors as the length of time and are limited over the term of the mort- There is no applicable current law. since the conviction, the nature of the of- gage to a maximum increase of five percent- Senate Bill fense, the relationship of the proposed fidu- age points above the initial fixed rate of in- The Senate Bills contain no comparable ciary to the beneficiary, and other factors terest. provision. which would demonstrate the appropriate- Senate Bill House Bill ness of the appointment. Section 103 of S. 2486, as amended, would Section 301 of H.R. 4658, as amended, would MISUSE OF BENEFITS BY FIDUCIARIES extend the authority of VA to guarantee hy- define a fiduciary for the purposes of chap- Current Law brid ARM loans through fiscal year 2011. For ters 55 and 61 of title 38, United States Code, There is no applicable current law. hybrid ARM loans with fixed periods of in- as (1) the guardian, curator, conservator, terest of less than 5 years, the initial and Senate Bill committee or person legally vested with the subsequent annual interest rate adjustments responsibility or care of a claimant (or the The Senate Bills contain no comparable would be limited to one percentage point. estate) or of a beneficiary (or beneficiary’s provision. For hybrid ARM loans with an initial rate of estate); or (2) any other person appointed in House Bill interest fixed for 5 years or more, section 103 a representative capacity to receive money Section 303 of H.R. 4658, as amended, would give VA the authority to set an appro- paid from VA. would, if the Secretary or a court of com- priate interest rate cap for the initial inter- petent jurisdiction determines the fiduciary est rate adjustment. Annual adjustments Compromise Agreement misused some or all of the veterans’ benefits, thereafter would be subject to a one percent- Section 501 of the Compromise Agreement prohibit a fiduciary from collecting a fee age point cap. Finally, section 103 would re- follows the House language. from a beneficiary for any month benefits quire VA to prescribe the maximum number INQUIRY, INVESTIGATIONS, AND QUALIFICATION were misused. Additionally, any fee collected of percentage points above the initial fixed OF FIDUCIARIES would be considered to be misused. rate of interest that would limit, over the Current Law Any fiduciary, except a Federal, State or term of a hybrid ARM mortgage, interest local government agency, would be liable for rate adjustments. There is no applicable current law. Senate Bill the amount misused, and that amount would House Bill be treated as an erroneous payment to the 18 The House Bills contain no comparable The Senate Bills contain no comparable fiduciary for purposes of laws pertaining to provision. provision. the recovery of overpayments. The misappro- Compromise Agreement House Bill priated amount would be recovered in the Section 405 of the Compromise Agreement Section 302 of H.R. 4658, as amended, would same manner as any other debt due the follows the Senate language but would ex- require VA to certify, following an inquiry United States, and the Secretary would tend the VA hybrid ARM program through or investigation, the fitness of a fiduciary. repay to the beneficiary or the beneficiary’s fiscal year 2008. Such inquiry or investigation would be con- successor fiduciary, an amount equal to the TERMINATION OF COLLECTION OF LOAN FEES ducted through, to the extent practicable, a recovered amount. FROM VETERANS RATED ELIGIBLE FOR COM- face-to-face interview, review of a credit re- In the event the misused benefits are due PENSATION AT PRE-DISCHARGE RATING EXAMI- port issued within one year of the fiduciary’s to the Secretary’s negligent failure to inves- NATIONS proposed appointment, and the furnishing of tigate or monitor the fiduciary, the Sec- Current Law any bond that may be required by the Sec- retary would be liable to reissue all the bene- retary. Additionally, the Secretary would be fits. Examples of failure to monitor a fidu- Section 3729(a) of title 38, United States required to request information on whether ciary adequately would include the Sec- Code, requires VA to collect a fee from each that person has been convicted of any offense retary’s failing to review, in a timely man- person obtaining a housing loan guaranteed under Federal or State law resulting in im- ner, a fiduciary’s accounting; failing to act by VA. Section 3729(c) prohibits the collec- prisonment for more than one year. If the in a timely manner when notified of allegation of loan fees from veterans who are re- proposed fiduciary has been convicted of tions of misuse; and any other case when ac- ceiving VA disability compensation. Dis- such an offense, the Secretary may certify tual negligence is shown. In any case, a fidu- ability compensation may only be paid upon the person as a fiduciary only if the Sec- ciary who is (1) not an individual (i.e., an an active duty servicemember’s discharge retary makes a specific finding of rehabilita- agency) or (2) is an individual who, for any from service. tion and finds that the proposed fiduciary is month during a period when misuse occurs, Senate Bill an appropriate one to act as the fiduciary for serves ten or more individuals who are bene- Section 104 of S. 2486, as amended, would the beneficiary. ficiaries under title 38, United States Code, allow a servicemember who is rated eligible In cases of a parent or step-parent of a the Secretary would also reissue benefits. to receive disability compensation as a re- minor beneficiary (natural or adopted), When the Secretary reissues a benefit pay- sult of a pre-discharge medical examination spouse or parent of an incompetent bene- ment, the Secretary is directed to make a to qualify for a waiver of the VA home loan ficiary, a person who has been appointed by good-faith effort to recoup the funds from funding fee. a court of competent jurisdiction, or a per- the fiduciary to which the original payment House Bill son appointed to manage an estate where the was made. The House Bills contain no comparable annual amount of veterans benefits to be Compromise Agreement managed does not exceed $3,600 (adjusted for provision. Section 503 of the Compromise Agreement annual cost-of-living increases), the Sec- Compromise Agreement follows the House language with modifica- retary may certify the potential fiduciary on Section 406 of the Compromise Agreement tions. The Committees have omitted lan- an expedited basis. follows the Senate language. guage authorizing the Secretary to make a If needed to protect the assets of the bene- THREE-YEAR EXTENSION OF NATIVE AMERICAN finding of misuse and treat the portions of ficiary when a determination of incom- VETERAN HOUSING LOAN PILOT PROGRAM benefits misused as erroneous payments to petence is being made or appealed, or a fidu- the fiduciary. Also omitted is language au- Current Law ciary is appealing a determination of misuse thorizing the Secretary to impose liability Section 3761 of title 38, United States Code, of veteran’s benefits, the Secretary would upon the fiduciary and recover misused funds establishes the general authority governing have the authority to appoint a temporary in the same manner as any other debt owed a pilot program for housing loans to Native fiduciary, for a period not to exceed 120 days. to the United States. In addition, the Com- Americans residing on tribal lands. The pilot If a final decision has not been made within mittees have omitted the provision that program is authorized through December 31, 120 days of the appointment of the tem- would have made a determination by the 2005. porary fiduciary, the Secretary would not be Secretary that a fiduciary has misused bene- House Bill able to continue the temporary appointment fits a decision of the Secretary for purposes without a court order for the appointment of H.R. 5153 WOULD EXTEND THE NATIVE AMER- of section 511(a) of title 38, United States a guardian, conservator, or similar legal fi- ICAN HOME LOAN PROGRAM THROUGH DECEM- Code. The Committees recognize that it is duciary. BER 31, 2010. the duty of the Federal government to re- Senate Bill Compromise Agreement cover misused funds and expect that VA and The Senate Bills contain no comparable Section 502 of the Compromise Agreement other government agencies will make every provision. follows the House language with modifica- effort to recover misused funds. However, at Compromise Agreement tions. Language requiring a specific finding this time, the Committees need to assess fur- Section 407 of the Compromise Agreement of rehabilitation before a person with a prior ther the appropriateness of requiring a fidu- extends the pilot program until December 31, felony conviction may be appointed to serve ciary accused of misuse by the Secretary to 2008. as a fiduciary is omitted. The Committees appeal such a finding in the appeals venue

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00126 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2004 CONGRESSIONAL RECORD — SENATE S10889 established for adjudicating veterans’ enti- nual Performance and Accountability Re- House Bill tlement claims. port’’ information concerning fiduciaries The House Bills contain no comparable The Committees have also amended the who have been appointed to receive benefits. provision. provision requiring the Secretary to reissue The required report would include: (1) the Compromise Agreement benefits when the Secretary has negligently number of beneficiaries in each category Section 602 of the Compromise Agreement failed to monitor or investigate a fiduciary. (veteran, surviving spouse, child, adult dis- follows the Senate language. In particular, the Committees have specified abled child or parent); (2) the types of benefit that a timely review of a scheduled account- being paid (compensation, pension, depend- EXCHANGES OF REAL PROPERTY FOR NATIONAL ing or investigation of misuse is one that oc- ency and indemnity compensation, death CEMETERIES curs within 60 days of the scheduled account- pension or benefits payable to a disabled Current Law ing or notification of alleged misuse. child under chapter 18 of title 38, United Section 2406 of title 38, United States Code, ADDITIONAL PROTECTIONS FOR BENEFICIARIES States Code); (3) the total annual amounts authorizes the Secretary to acquire addi- WITH FIDUCIARIES and average annual amounts of benefits paid tional lands for national cemeteries by pur- to fiduciaries for each category and type of Current Law chase, gift, condemnation, or transfer from benefit; (4) the number of fiduciaries who are other Federal agencies. There is no applicable current law. the spouse, parent, step-parent, legal custo- Senate Bill Senate Bill dian, court-appointed fiduciary, institu- The Senate Bills contain no comparable tional fiduciary, custodian-in-fact and super- The Senate Bills contain no comparable provision. provision. vised direct payee; (5) the number of cases in House Bill House Bill which the fiduciary was changed by the Sec- retary because of a finding that benefits had The House Bills contain no comparable Section 304 of H.R. 4658, as amended, would been misused; (6) how such cases of misuse of provision. require the Secretary to conduct periodic on- benefits were addressed by the Secretary; (7) Compromise Agreement site reviews of any person or agency located the final disposition of such cases of misuse in the United States that serves as a fidu- Section 603 of the Compromise Agreement of benefits, including the number and dollar would authorize the Secretary to acquire ad- ciary to more than 20 beneficiaries and who amount of any civil or criminal penalties im- administers a total annual amount of bene- ditional lands for national cemeteries by exposed; and (8) such other information as the changing existing national cemetery land. fits administered of $50,000 or more (to be ad- Secretary considers appropriate. justed annually to reflect cost-of-living ad- TITLE VII—IMPROVEMENTS TO Compromise Agreement justments). Additionally, the Secretary SERVICEMEMBERS CIVIL RELIEF ACT would be authorized to require a fiduciary to Section 505 of the Compromise Agreement CLARIFICATION OF MEANING OF ‘‘JUDGMENT’’ AS file a report or accounting of disbursement follows the House language with modifica- USED IN THE SERVICEMEMBERS CIVIL RELIEF of benefits in accordance with regulations tions. Additional reporting requirements ACT (SCRA) concerning cases referred to the Office of the prescribed by the Secretary. In the event a Current Law Inspector General and the amounts of money fiduciary fails to file the requested report, Section 101 of the SCRA provides defini- the Secretary would be authorized to require recovered by the government have been added. Language referring to civil or crimi- tions for purposes of the Act. The section a fiduciary to appear in person at a VA re- does not define the term ‘‘judgment.’’ gional office to receive payment. nal penalties has been omitted. Senate Bill In the event the Secretary determines a fi- TITLE VI—MEMORIAL AFFAIRS duciary converts a payment for some use MATTERS The Senate Bills contain no comparable other than for use on the beneficiary’s be- DESIGNATION OF PRISONER OF WAR MISSING IN provision. half, the Secretary would be authorized to ACTION NATIONAL MEMORIAL, RIVERSIDE NA- House Bill assess, in addition to any other penalty that TIONAL CEMETERY, RIVERSIDE, CALIFORNIA Section 101 of H.R. 4658, as amended, would may be prescribed by law, a civil monetary Current Law clarify that ‘‘[t]he term ‘judgment’ means penalty of not more than $5,000 per conver- There is no applicable current law. any judgment, decree, order, or ruling, final sion. Such person would also be subject to an Senate Bill or temporary.’’ assessment by the Secretary of not more Compromise Agreement than twice the amount of any payments con- Section 122 of S. 2485 would designate the Prisoner of War/Missing in Action National Section 701 of the Compromise Agreement verted. follows the House language. Additionally, any Federal court, when sen- Memorial at the Riverside National Ceme- tencing a defendant convicted of an offense tery in Riverside, California. Federal funds REQUIREMENTS RELATING TO WAIVER OF RIGHTS arising from the misuse of benefits, could would be permitted, but not required, at the UNDER THE SCRA have ordered, in addition to or in lieu of any discretion of the Secretary for maintenance Current Law other penalty authorized by law, that the de- of the memorial, should private funding Section 107 of the SCRA provides that fendant make restitution to the Department sources prove to be inadequate. servicemembers may waive any of the rights and the court would have been required to House Bill and protections under the Act if certain restate on the record the reasons for not order- Section 402 of H.R. 1716, as amended, con- quirements are met, including a requirement ing restitution, or only ordering partial res- tains a similar provision. in section 107(b) that waivers be in writing titution. Any amounts received or recovered Compromise Agreement for specified actions. would be available to defray the expenses in- Section 601 of the Compromise Agreement Senate Bill curred by the VA’s Office of Inspector Gen- generally follows the House language. How- The Senate Bills contain no comparable eral for the inquiry or investigation of fidu- ever, the memorial is designated: ‘‘Prisoner provision. ciaries. of War/Missing in Action National Memo- House Bill Compromise Agreement rial.’’ Section 102 of H.R. 4658, as amended, would Section 504 of the Compromise Agreement LEASE OF CERTAIN NATIONAL CEMETERY provide that those actions requiring waivers follows the House language with modifica- ADMINISTRATION PROPERTY in writing pursuant to section 107(b) of the tions. The title of new section 5509, of title Current Law SCRA must also be executed in a separate in- 38, United States Code, has been changed to There is no applicable provision in current strument. Additionally, section 102 would reflect more accurately the requirements of law. provide a new requirement that any waiver, that section. The provision for imposition of Senate Bill in writing, of a right or protection under sec- civil monetary penalties has been omitted. tion 107 of the Act that applies to a contract, The Compromise Agreement omits provi- Section 107 of S. 2485, as amended, would authorize the Secretary to lease any unde- lease or similar legal instrument must be in sions allowing amounts received in excess of at least 12-point type. benefit restitution to be made available to veloped land and unused or underutilized Compromise Agreement the Office of the Inspector General. buildings belonging to the United States and administered by the National Cemetery Ad- Section 702 of the Compromise Agreement ANNUAL REPORT ministration (NCA). The term of any such follows the House language. Current Law lease would not be permitted to exceed ten RIGHT OF SERVICEMEMBERS PLAINTIFFS TO There is no applicable current law. years. Proceeds from the lease of land or REQUEST STAY OF CIVIL PROCEEDINGS Senate Bill buildings and proceeds from licenses sold in Current Law return for the agricultural use of NCA lands The Senate Bills contain no comparable Section 202 of the SCRA provides for a stay would be deposited in a National Cemetery provision. of any civil action or proceeding when a Administration Facilities Operation Fund servicemember who is a defendant has notice House Bill along with any appropriation, or other au- of the action or proceeding. Section 305 of H.R. 4658, as amended, would thorized payment, designated for that fund. require the Secretary to include in the ‘‘An- Fund proceeds would be available to cover Senate Bill nual Benefits Report of the Veterans Bene- costs incurred by NCA in the operation and The Senate Bills contain no comparable fits Administration’’ or the ‘‘Secretary’s An- maintenance of national cemeteries. provision.

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00127 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10890 CONGRESSIONAL RECORD — SENATE October 8, 2004 House Bill Senate Bill of its three Administrations and by other in- Section 103 of H.R. 4658, as amended, would Section 302 of S. 2486, as amended, would ternal VA entities; 2) the results of a na- include plaintiffs as well as defendants under extend the reporting requirement through tional survey to ascertain servicemembers’ section 202 of the SCRA. 2009. and veterans’ level of awareness of VA benefits and services; and 3) recommendations Compromise Agreement House Bill the Secretary may have to improve VA’s Section 703 of the Compromise Agreement The House Bills contain no comparable outreach activities. The report would be due follows the House language. provision. 1 year after the enactment of the Com- TERMINATION OF LEASES Compromise Agreement promise Agreement. Current Law Section 803 of the Compromise Agreement LEGISLATIVE PROVISIONS NOT ADOPTED Section 305 of the SCRA provides that follows the Senate language. IMPROVED VETERANS’ BENEFITS FOR FORMER servicemembers may, under certain cir- AVAILABILITY OF ADMINISTRATIVE AND JUDI- PRISONERS OF WAR cumstances, terminate residential or motor CIAL REDRESS FOR CERTAIN VETERANS DE- Current Law vehicle leases and specifies the manner of NIED OPPORTUNITY TO COMPETE FOR FEDERAL Section 1112(b) of title 38, United States termination. EMPLOYMENT Code, specifies 16 disabilities that VA pre- Senate Bill Current Law sumes are related to the prisoner of war The Senate Bills contain no comparable Section 3304(f)(1) of title 5, United States (POW) experience for the purposes of vet- provision. Code, grants ‘‘preference eligible’’ veterans erans’ and survivors’ benefits. House Bill (generally, veterans who served during a Senate Bill wartime period; veterans who served during Section 104 of H.R. 4658, as amended, would The Senate Bills contain no comparable a period for which a campaign badge or expe- clarify that if, under section 305 of the SCRA provision. the servicemember terminates a lease en- ditionary medal was awarded; or veterans House Bill tered into jointly with a dependent, the obli- with service-connected disabilities) and vet- gations of both the servicemember and the erans who separated from the armed forces Section 4 of H.R. 4175 would add dependent are terminated. Section 104 would under honorable conditions after three years osteoporosis to the list of diseases presumed also modify section 305 of the SCRA to allow or more of active service the opportunity to to be the result of the POW experience. motor vehicle lease terminations for any compete for vacant positions in the Federal FINDINGS RELATED TO ON-JOB TRAINING AND permanent change of station move from a government for which an agency is accepting APPRENTICESHIP PROGRAMS applications from individuals outside its own state outside of the continental United Current Law workforce under merit promotion proce- States to any other location outside that There is no applicable current law. state, and the term ‘‘continental United dures. States’’ would be defined as the ‘‘48 contig- Section 3330a of title 5, United States Code, Senate Bill uous states and the District of Columbia.’’ allows preference eligible veterans who al- The Senate Bills contain no comparable Further, section 104 would broaden the defi- lege their veterans’ preference rights have provision. nition of the term ‘‘military orders’’ to mean been violated to seek administrative redress House Bill ‘‘official military orders, or any notification, by filing a complaint with the Secretary of Section 101 of H.R. 1716, as amended, would certification, or verification from the Labor. Section 3330b of title 5, United States make Congressional findings with respect to servicemember’s commanding officer, with Code, provides preference eligible veterans broad purposes for VA’s OJT and apprentice- respect to the servicemember’s current or fu- with judicial redress for claims arising from ship programs in both the private and public ture military duty status.’’ Finally, section allegations of violations of veterans’ pref- sectors of our economy. These include: help- 104 would amend section 305 of the SCRA to erence laws. ing employers hire and retain skilled work- include individual as well as unit deploy- Senate Bill ers; establishing a link between the training ments for a period of not less than 90 days Section 204 of S. 2486, as amended, would afforded to servicemembers while serving in among the circumstances under which a provide a veteran who has been separated the Armed Forces and the training available servicemember could terminate a lease. from the armed forces under honorable con- in civilian settings for purposes of occupa- Compromise Agreement ditions after three years or more of active tional licensing and credentialing; and devel- service with administrative and judicial re- oping a more highly educated and productive Section 704 of the Compromise Agreement workforce. follows the House language. dress for alleged violations of his or her rights under section 3304(f)(1) of title 5, INCENTIVE PAYMENT FOR EARLY COMPLETION TITLE VIII—OTHER MATTERS United States Code. OF APPRENTICESHIP TRAINING PRINCIPAL OFFICE OF THE UNITED STATES House Bill Current Law COURT OF APPEALS FOR VETERANS CLAIMS The House Bills contain no comparable Sections 3032, 3233, and 3687 of title 38, Current Law provision. United States Code, and Section 16131 of title Section 7255 of title 38, United States Code, Compromise Agreement 10, United States Code, do not currently con- requires the principal office of the U.S. Court tain any incentive to finish on job training Section 804 of the Compromise Agreement of Appeals for Veterans Claims be located in or apprenticeships earlier than the estab- follows the Senate language. the District of Columbia. lished completion date. REPORT ON SERVICEMEMBERS’AND VETERANS’ Senate Bill Senate Bill AWARENESS OF BENEFITS AVAILABLE UNDER The Senate Bills contain no comparable The Senate Bills contain no comparable provision. LAWS ADMINISTERED BY THE SECRETARY OF VETERANS AFFAIRS provision. House Bill Current Law House Bill Section 1 of H.R. 3936 would authorize the Section 7722 of title 38, United States Code, Section 103 of H.R. 1716, as amended, would principal office of the U.S. Court of Appeals establish an incentive payment for program for Veterans Claims to be located at any lo- requires the Secretary of Veterans Affairs to distribute full information to eligible participants who finish their apprenticeship cation in the Washington, D.C., metropolitan training early. As an incentive for trainees area. Section 2 would make findings and ex- servicemembers, veterans and dependents regarding all benefits and services to which to complete their apprenticeship or attain press the sense of Congress regarding a new journeyworker status early, this provision veterans’ courthouse and justice center. they may be entitled under laws administered by the Department. would require VA to pay the trainee a lump- Compromise Agreement sum amount for the months of VA entitle- Senate Bill Section 801 of the Compromise Agreement ment remaining that would have been needed follows the House language, but omits sec- The Senate Bills contain no comparable to complete the apprenticeship. This provi- tion 2 of the bill. provision. sion would be applicable for months begin- EXTENSION OF BIENNIAL REPORT OF ADVISORY House Bill ning on or after October 1, 2005, and ending COMMITTEE ON FORMER PRISONERS OF WAR The House Bills contain no comparable on October 1, 2010. Current Law provision. ELIGIBILITY OF CERTAIN PERSONS FOR BURIAL IN ARLINGTON NATIONAL CEMETERY Section 541 of title 38, United States Code, Compromise Agreement establishes an Advisory Committee on Section 805 of the Compromise Agreement Current Law Former Prisoners of War. The Advisory Com- would direct the Secretary of Veterans Af- Eligibility for burial at Arlington National mittee is required to submit to the Sec- fairs to submit a report to Congress detailing Cemetery is governed by Federal regulations retary, no later than July 1st of each odd VA’s efforts to make veterans and at section 553.15 of title 32, Code of Federal numbered year through 2003, a report on the servicemembers aware of VA benefits and Regulations. The following categories of per- programs and activities of the Department services to which they are entitled. The re- sons are eligible for in-ground burial: active as they pertain to veterans who are former port would include: 1) a description of the duty members of the Armed Forces, except prisoners of war. outreach activities conducted by VA at each those members serving on active duty for

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00128 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2004 CONGRESSIONAL RECORD — SENATE S10891 training; retired members of the Armed property of a servicemember who is not a member’’ to conform to the new Race and Forces who have served on active duty, are resident, if the tax jurisdiction’s laws do not Ethnic Standards used in Federal statistical on a retired list and are entitled to receive provide a credit against such taxes pre- reporting and in the 2000 United States Cen- retirement pay; former members of the viously paid on the same personal property sus. Specifically, section 303 would redefine Armed Forces discharged for disability be- in another tax jurisdiction. the categories of minority group members fore October 1, 1949, who served on active FINDINGS AND SENSE OF CONGRESS REGARDING making the following changes: substituting duty and would have been eligible for retire- NEW VETERANS COURTHOUSE AND JUSTICE ‘‘Asian’’ for ‘‘Asian American;’’ ‘‘Black or African American’’ for ‘‘Black;’’ ‘‘Hispanic, ment under 10 U.S.C. 1202 had the statute CENTER Latino, or Spanish Origin’’ for ‘‘Hispanic;’’ been in effect on the date of separation; hon- Current Law orably discharged members of the Armed and ‘‘American Indian or Alaska Forces awarded the Medal of Honor, Distin- There is no applicable current law. Native’’ and ‘‘Native Hawaiian or other Pa- guished Service Cross, Air Force Cross or Senate Bill cific Islander’’ for ‘‘Native American (including American Indian, Alaskan Native, and Navy Cross, Distinguished Service Medal, The Senate Bills contain no comparable Native Hawaiian).’’ Silver Star, or Purple Heart; former pris- provision. House Bill oners of war who served honorably and who House Bill died on or after November 30, 1993; provided The House Bills contain no comparable Section 2 of H.R. 3936 would make findings they were honorably discharged from the provision. and express the sense of Congress that all Armed Forces, elected Federal officials (the INCREASE IN RATES OF DISABILITY COMPENSA- other Article I courts of the United States President, Vice President, and Members of TION AND DEPENDENCY AND INDEMNITY COM- are located in a dedicated courthouse; that Congress), Federal cabinet secretaries and PENSATION the U.S. Court of Appeals for Veterans deputies, agency directors and certain other Claims, since its creation in 1988, has been Current Law high Federal officials (level I and II execu- located in a commercial office building; and Current law does not require an annual tives), Supreme Court Justices, and chiefs of that a dedicated Veterans Courthouse and cost-of-living adjustment to veterans’ and certain diplomatic missions; the spouse, Justice Center should be provided for the survivors’ disability compensation. widow or widower, minor child and, at the Court and the veterans it serves, and should Senate Bill discretion of the Secretary of the Army, cer- be located, if feasible, at a site owned by the tain unmarried adult children, and certain S. 2483 contains a similar provision. United States that is part of or proximate to surviving spouses of persons eligible for in- House Bill the Pentagon Reservation. Section 2 would ground burial. Section 2 of H.R. 4175 would provide, effec- also require that not later than 90 days after Senate Bill tive December 1, 2004, a cost-of-living adjust- the date of enactment of this provision, the ment to the rates of disability compensation The Senate Bills contain no comparable Secretary of Defense, the Secretary of Vet- for veterans with service-connected disabil- provision. erans Affairs, and the Administrator of Gen- ities and the rates of dependency and indem- House Bill eral Services submit to the House and Sen- nity compensation for survivors of certain Section 401 of H.R. 1716, as amended, would ate Committees on Veterans’ Affairs and service-connected disabled veterans. The per- make eligible for in-ground burial at Arling- Armed Services a joint report on the feasi- centage increase would be equal to the per- ton National Cemetery (1) a member or bility of locating a new Veterans Courthouse centage increase for benefits provided under former member of a reserve component of and Justice Center at an appropriate Pen- the Social Security Act. the Armed Forces who at the time of death tagon Reservation site. Compromise Agreement was under 60 years of age and who, but for EDUCATIONAL ASSISTANCE UNDER THE MONT- The Committees expect that a veterans’ age, would have been eligible for military re- GOMERY GI BILL FOR MEMBERS OF THE SE- cost-of-living adjustment effective December tired pay under title 10, United States Code; LECTED RESERVE WHO AGGREGATE TWO OR 1, 2004, will be considered in another bill. and (2) a member of a reserve component of MORE YEARS OF ACTIVE DUTY SERVICE DUR- Mr. GRAHAM of Florida. Mr. Presi- the Armed Forces who dies in the line of ING ANY FIVE-YEAR PERIOD dent, as ranking member of the Com- duty while on active duty for training or in- Current Law mittee on Veterans’ Affairs, I urge my active duty training. Eligibility in both in- Section 3012 of title 38, United States Code, colleagues to continue to support our stances would also extend to the authorizes the Department of Veterans Af- servicemember’s dependents. veterans and their families by passing fairs to provide Chapter 30 educational as- the Veterans Benefits Improvement TECHNICAL AMENDMENTS TO EDUCATION sistance benefits to an individual who, after Act of 2004. PROGRAM PROVISIONS June 30, 1985, first enters on active duty and has his or her pay reduced by $100 per month This bill, which I shall call the Com- Current Law promise Agreement, is the final version Section 3452(e) of title 38, United States for the first 12 months of active duty and serves at least two continuous years on ac- of a veterans omnibus bill. The Com- Code, as amended by section 301 of the Vet- promise Agreement will improve and erans Benefits Act of 2003 (Public Law 108– tive duty. 183; 117 Stat. 2658), authorizes educational as- Senate Bill expand a host of veterans benefits, in- sistance benefits for certain self-employment Section 202 of S. 2486, as amended, would cluding: survivors benefits for spouses and on-job training programs (franchises) for grant entitlement to Chapter 30 educational with dependent children; housing bene- less than six months under the Montgomery assistance benefits to an individual in the fits; and educational benefits for Guard GI Bill (MGIB) when the beneficiary receives Selected Reserve who, during any five-year and Reserve members, veterans, and a training wage. period beginning on or after September 11, spouses of veterans killed on active Senate Bill 2001, and ending on June 30, 2008, serves an duty. The Senate Bills contain no comparable aggregate of two years of active duty serv- It is very appropriate that at a time provision. ice. The activated Selected Reserve member when our airmen, soldiers, sailors and would be required to make a $1,200 contribu- marines are in harm’s way, that we re- House Bill tion within one year of completing two years Section 403 of H.R. 4658, as amended, would of aggregate active duty service. member the sacrifices that those before them have made on behalf of this make a technical correction to waive the House Bill training-wage requirement for programs of great Nation by improving and expand- The House Bills contain no comparable less than six months beginning October 1, ing veterans benefits for our Nation’s provision. 2005, and ending on September 30, 2010. The bravest and their families. Department of Veterans Affairs would be re- MODIFICATION OF DEFINITION OF MINORITY I will briefly highlight some of the quired to review and approve all such pro- GROUP MEMBER FOR PURPOSES OF ADVISORY more important provisions, and then COMMITTEE ON MINORITY VETERANS grams before any MGIB educational assist- ask that my colleagues direct their at- ance benefits could be dispersed. Current Law tention to the Joint Explanatory PREVENTION OF DOUBLE TAXATION OF CERTAIN Section 544 of title 38, United States Code, Statement for further explanation of SERVICEMEMBERS establishes an Advisory Committee on Mi- the proposed legislation. Current Law nority Veterans. For purposes of that section of law the term ‘‘minority group members’’ Dependency and indemnity com- There is no applicable current law. includes veterans who are: Asian American; pensation is a monthly benefit paid to Senate Bill Black; Hispanic; Native American (including eligible survivors of servicemembers The Senate Bills contain no comparable American Indian, Alaskan Native, and Na- who died on active duty, and of certain provision. tive Hawaiian); or Pacific-Islander Amer- veterans. A larger monthly benefit is House Bill ican. paid to surviving spouses with children Section 105 of H.R. 4658, as amended, would Senate Bill under the age of 18. Under this legisla- prohibit a tax jurisdiction from imposing a Section 303 of S. 2486, as amended, would tion, dependency and indemnity com- use, excise or similar tax on the personal amend the definition of ‘‘minority group pensation for survivors, with dependent

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00129 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10892 CONGRESSIONAL RECORD — SENATE October 8, 2004 children, of spouses killed on active VA to reimburse eligible beneficiaries The amendment (No. 4044) was agreed duty would be increased by $250 a for the cost of certain national admis- to. month, for 2 years, beginning on the sion tests, such as the Law School Ad- (The amendment is printed in today’s date when entitlement to benefits be- mission Test, Graduate Record Exam, RECORD under ‘‘Text of Amendments.’’) gins. A VA contracted study found that Graduate Management Admission Test, The committee amendment in the spouses with children had a higher and Scholastic Aptitude Test, and for nature of a substitute, as amended, was level of unmet need than spouses with- course credit at institutions of higher agreed to. out children. This provision is included learning, such as the Advanced Place- The bill (S. 2486), as amended, was to further aid the transition of sur- ment Exam and College-Level Exam- read the third time and passed. viving spouses with dependent chil- ination Program. The title was amended so as to read: dren. We must make every effort to In keeping with this committee’s ‘‘A bill to amend title 38, United States make certain that the families of continuing effort to aid veterans in at- Code, to improve and extend housing, edu- servicemembers who paid the ultimate taining appropriate education and em- cation, and other benefits under the laws ad- sacrifice have their needs met. ployment opportunities, this legisla- ministered by the Secretary of Veterans Af- Owning a home of one’s own is the tion improves the full-time apprentice- fairs, and for other purposes.’’. American Dream. This legislation ship and on-job training programs f would make that dream a reality for under the MGIB. Section 103 of the more of our veterans by increasing the Compromise Agreement, for more than ORDERS FOR SATURDAY, OCTOBER maximum amount of the VA home loan a 2-year period, would increase the full- 9, 2004 guaranty. The current VA loan limit of time VA monthly educational assist- $240,000 restricts beneficiaries from ance allowance payable to individuals Mr. FRIST. Mr. President, I ask using the guaranty because it is insuf- participating in these training pro- unanimous consent that when the Sen- ficient to cover median housing prices grams. For the first 6 months of train- ate completes its business today, it ad- in many parts of the Nation. Section ing, the monthly benefit would in- journ until 10 a.m. on Saturday, Octo- 403 of the Compromise Agreement crease to 85 percent from 75 percent; ber 9; I further ask that following the would increase the maximum VA loan for the second 6 months, 65 percent prayer and pledge, the morning hour be amount to $333,700. It would also index from 55 percent; and the remainder of deemed expired, the Journal of pro- the loan limit to 25 percent of the con- months, 45 percent from 35 percent. Ad- ceedings be approved to date, the time forming loan limit for a single-family ditionally, Section 104 of the Com- for the two leaders be reserved, and the residence as set by Freddie Mac. This promise Agreement authorizes VA to Senate resume consideration of S. Res. would allow the loan limit to continue pay educational benefits to veterans 445, the Senate intelligence reform res- to rise with the cost of housing infla- participating in competency-based ap- olution; provided further that the time tion automatically. This change, cou- prenticeships, in addition to time- until 11:15 be equally divided between pled with the reinstatement of the VA based apprenticeships, bringing the VA the two managers, with 30 minutes adjustable rate mortgage loan program program in line with the way most ap- under the control of Senator HARKIN. and improvement of the hybrid adjust- prenticeship programs are structured The PRESIDING OFFICER (Mr. able rate mortgage loan program will today. ENZI). Without objection, it is so or- allow many more veterans to be able to These provisions show our veterans dered. purchase a home. America’s continuing unwavering sup- f The second half of the American port of the service and sacrifice that Dream is a college education. Edu- they have made on behalf of this coun- PROGRAM cational assistance is provided to the try. Particularly at a time when we are surviving spouse of a servicemember or at war, we must ensure our Mr. FRIST. Mr. President, tomorrow veteran who died of a service-con- servicemembers that we will fulfill the the Senate will resume consideration nected injury, or the spouse of a vet- commitment promised by Abraham of the Senate intelligence reform reso- eran who is rated by VA to be totally Lincoln, ‘‘to care for him that shall lution. Under the previous order, each and permanently disabled. The spouse have borne the battle and for his widow of the remaining amendments in order has 10 years to use the entitlement. and his orphan.’’ will be offered, and the time until 11:15 However, many surviving spouses, dur- In conclusion, I would like to specifi- will be equally divided for debate on ing this difficult transitional period, cally thank Senator SPECTER and his the amendments. At 11:15 a.m., the are busy raising children and working benefits staff for their work on this Senate will proceed to a stacked series making it impossible to use the edu- comprehensive bill, specifically Bill of votes on the remaining amendments, cation benefit. This legislation would Tuerk, Jon Towers and Chris to be followed by a vote on adoption of give an additional 10 years to the sur- McNamee, and my staff, Buddy Menn, the resolution, and a vote on the Har- viving spouse of a servicemember who Mary Schoelen, Dahlia Melendrez, Ted kin resolution. died of a service-connected disability Pusey, Amanda Krohn, and Tandy Bar- Following disposition of the Senate to use the benefit. rett, who recently left the committee, intelligence reform resolution, the Under current law, a member of the for all of their hard work in helping to Senate will resume consideration of Selected Reserve or National Guard put this legislation together. I urge my the conference report to accompany must contribute a non-refundable $1,200 colleagues to support this legislation H.R. 4520, the FSC/ETI JOBS bill. It rein order to participate in the Mont- on behalf of America’s veterans and mains my hope that we can expedite gomery GI Bill education program. their families. consideration of the conference report, However, a member of the Selected Re- I ask unanimous consent that the but I would remind all Senators that a serve must spend 1 year on active duty text of the bill be printed in the cloture motion is pending and that before being eligible for the program. RECORD following this statement. vote is now scheduled to occur at 1 Section 109 of the committee bill would Mr. FRIST. Mr. President, I ask p.m. on Sunday. If cloture is invoked, create flexibility and allow the Mont- unanimous consent that the amend- we would hope that Members will allow gomery GI Bill participation fee to be ment at the desk be agreed to, the us to move forward with the vote on collected not later than 1 year after committee amendment, as amended, be passage at the earliest possible time. the completion of 2 years of active agreed to, the bill, as amended, be read The Senate may also take up the De- duty, ensuring that the Reserve or a third time and passed, the amend- partment of Defense authorization con- Guard has become eligible by satis- ment to the title be agreed to, the mo- ference report tomorrow or any appro- fying the service requirement. tions to reconsider be laid upon the priations conference report when it be- With the costs of attending college table en bloc, and that any statements comes available. I thank my colleagues rising, it is important that we do as relating to the bill be printed in the for their patience. Weekend sessions much for our veterans as possible so RECORD. are rare, but we have a lot of work to that they may reach their academic The PRESIDING OFFICER. Without accomplish prior to adjourning. That objectives. This legislation would allow objection, it is so ordered. work we will accomplish.

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THERESA H. AINSWORTH, 0000 RICHARD F. * BRERETON, 0000 ADJOURNMENT UNTIL 10 A.M. WILLARD B. AKINS II, 0000 MICHAEL F. BRIDGES, 0000 TOMORROW JACQUELINE A. F. ALBRIGHT, 0000 LORING G. BRIDGEWATER, 0000 VINCENT J. * ALCAZAR, 0000 WILLIAM L. BRIGMAN, 0000 Mr. FRIST. If there is no further ALEJANDRO J. ALEMAN, 0000 GREGORY S. BRINSFIELD, 0000 JEFFREY S. ALEXANDER, 0000 DALLAS S. BROOKS, 0000 business to come before the Senate, I EDWARD D. ALLARD, 0000 TODD M. BROST, 0000 ask unanimous consent that the Sen- JAMIE D. ALLEN, 0000 JOHN F. BROWER, 0000 JOHN J. ALLEN, 0000 GREGORY K. BROWN, 0000 ate stand in adjournment under the LISA C. ALLEN, 0000 KEVIN W. BROWN, 0000 previous order. MARK S. ALLEN, 0000 RAY S. BROWN, 0000 NEIL T. ALLEN, 0000 SHERRY A. BROWN, 0000 There being no objection, the Senate, YOLANDA B. ALLEN, 0000 TIMOTHY P. BROWN, 0000 at 8:03 p.m., adjourned until Saturday, THOMAS P. ALLISON, 0000 KENNETH J. BROWNELL, 0000 DAVID L. ALMAND, 0000 ROBERT J. BRUCKNER, 0000 October 9, 2004, at 10 a.m. THOMAS L. ALTO, 0000 JERRY P. BRUMFIELD, 0000 DONATELLA D. ALVARADO, 0000 DAVID F. BRUMMITT, 0000 f RICHARD C. AMBURN, 0000 ERIC J. BRUMSKILL, 0000 STEVEN J. AMENT, 0000 DALE S. BRUNER, 0000 NOMINATIONS KATHLEEN F. AMPONIN, 0000 CHRISTOPHER J. BRUNNER, 0000 BYRON B. ANDERSON, 0000 ROBERT P. BUBELLO, 0000 Executive nominations received by CHRISTINA M. ANDERSON, 0000 ROBERT B. BUCHANAN, 0000 TIMOTHY D. ANDERSON, 0000 CAMERON E. BUCHHOLTZ, 0000 the Senate October 8, 2004: WILLIAM D. ANDERSON JR., 0000 ROBERT A. BUENTE, 0000 UNITED STATES POSTAL SERVICE JOSEPH F. ANGEL, 0000 STEVEN C. * BUETOW, 0000 JOHN S. R. ANTTONEN, 0000 PAUL A. BUGENSKE, 0000 CAROLYN L. GALLAGHER, OF TEXAS, TO BE A GOV- REBECCA J. APPERT, 0000 DAVID BUKOVEY, 0000 ERNOR OF THE UNITED STATES POSTAL SERVICE FOR ANDREW P. ARMACOST, 0000 KURT W. BULLER, 0000 THE REMAINDER OF THE TERM EXPIRING DECEMBER 8, ERIC L. ARMSTRONG, 0000 KIMBERLY F. BULLOCK, 0000 2005, VICE ERENSTA BALLARD, RESIGNED. RUSSELL K. ARMSTRONG, 0000 KIRK P. BUNCH, 0000 LOUIS J. GIULIANO, OF NEW YORK, TO BE A GOVERNOR DAVID C. ARNOLD, 0000 JOHN G. BUNNELL, 0000 OF THE UNITED STATES POSTAL SERVICE FOR A TERM BRUCE A. ARRINGTON, 0000 JEFFREY B. BURCHFIELD, 0000 EXPIRING DECEMBER 8, 2009, VICE ALBERT CASEY. CHRISTOPHER B. ASHBY, 0000 PATRICK C. BURKE, 0000 JOHN R. ASKREN, 0000 TODD M. BURKHARDT, 0000 IN THE AIR FORCE ROBIN D. ATHEY, 0000 TIMOTHY A. BURNS, 0000 LAWRENCE F. AUDET JR., 0000 SCOTT D. BURNSIDE, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MARK C. AUSTELL, 0000 PAUL J. * BURRELL, 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR RICHARD J. AUTHIER JR., 0000 STEVEN B. BURTON, 0000 FORCE AND FOR REGULAR APPOINTMENT (IDENTIFIED CHRISTOPHER P. AZZANO, 0000 CHARLES K. BUSCH, 0000 BY AN ASTERISK (*)) UNDER TITLE 10, U.S.C., SECTIONS DOYLE R. * BABE, 0000 CHRISTOPHER S. BUTLER, 0000 624 AND 531: SCOTT E. BABOS, 0000 DONALD E. BUTLER, 0000 To be lieutenant colonel LEEMON C. BAIRD III, 0000 RUDOLPH E. BUTLER III, 0000 STACEE N. BAKO, 0000 ERIC J. BUTTERBAUGH, 0000 STEVEN G. ALLRED, 0000 SANFORD H. * BALKAN, 0000 BRADLEY J. BUXTON, 0000 JOEL O. ALMOSARA, 0000 DOUGLAS A. BALLINGER, 0000 TODD C. BYNUM, 0000 MARK J. ARMSTRONG, 0000 KEVIN E. BANNISTER, 0000 PHILIP M. BYRD, 0000 THOMAS A. BACON, 0000 KEVIN D. BARKER, 0000 ANGELA M. CADWELL, 0000 ANNE H. BARRETT, 0000 DAVID W. BARNES, 0000 SEANN J. CAHILL, 0000 MARK J. BATES, 0000 BRUCE C. BARTHOLOMEW, 0000 DANIEL B. CAIN, 0000 JOHN L. BELL JR., 0000 CATHY J. BARTHOLOMEW, 0000 ROBERT E. J. CALEY, 0000 WILLIAM T. BENNETT, 0000 PETER D. BASTIEN, 0000 GREGORY B. CALHOUN, 0000 GREGORY D. BOBEL, 0000 ANDREW H. BATTEN, 0000 DANIEL J. CALLAHAN, 0000 LINDA L. BONNEL, 0000 TONY D. BAUERNFEIND, 0000 ITALO A. CALVARESI, 0000 LINDA S. BROECKL, 0000 KRIS A. BAUMAN, 0000 DAVID C. CAMPASSI, 0000 DOUGLAS A. BURKETT, 0000 PAUL E. BAUMAN, 0000 STEVEN M. CAMPBELL, 0000 BRIAN G. CASLETON, 0000 DAVID J. BAYLOR, 0000 MICHAEL O. CANNON, 0000 ALICE S. CHAPMAN, 0000 CHARLES E. BEAM, 0000 KENNETH E. CANTERBURY, 0000 JOHN T. CRIST, 0000 JOHN D. BEAN, 0000 ALEJANDRO R. CANTU, 0000 DARRIN L. CURTIS, 0000 BARRY D. BEAVERS, 0000 BARRON D. CANTY, 0000 RICHARD B. DELEON, 0000 MATTHEW J. BECKAGE, 0000 EDWARD J. CARDENAS, 0000 KAREN S. FRALEY, 0000 BRIAN R. BEERS, 0000 CHRISTOPHER A. CARLSEN, 0000 MARKUS P. GMEHLIN, 0000 MICHAEL D. BEESON, 0000 DANN S. CARLSON, 0000 MARTHA D. GOFF, 0000 PAUL R. BEINEKE, 0000 ERIC N. CARLSON, 0000 DANIEL J. GOLEN, 0000 THOMAS A. * BELL, 0000 KARN L. CARLSON, 0000 REBA E. HARRIS, 0000 WAYNE E. BELL, 0000 ALEXANDER E. CAROTHERS, 0000 JANE E. HEETDERKSCOX, 0000 EUGENE R. BELMAIN II, 0000 ROBERT A. CARPENTER, 0000 DAVID A. KAUTH, 0000 DAVID B. BELZ, 0000 VINCENT M. CARR JR., 0000 NANCY L. KLEIN, 0000 ROBERT E. BENNING, 0000 KURT J. CARRAWAY, 0000 MARK A. LANGE, 0000 JAMES M. BENSON, 0000 MATTHEW D. CARROLL, 0000 ABBIE K. LUCK, 0000 RALPH E. BENTLEY, 0000 AURELIA C. CARROLVERSON, 0000 BRIAN B. MEIER, 0000 SCOTT I. BENZA, 0000 TIM R. CARTER, 0000 LUCIA E. MORE, 0000 JEFFREY C. BERGDOLT, 0000 JAVIER R. CASANOVA, 0000 TIMOTHY J. * MUKODA, 0000 KURT A. BERGO, 0000 WILLIAM M. CASHMAN, 0000 JOSEPH J. NARRIGAN, 0000 CYR LINDA K. BETHKE, 0000 ERIC D. CASLER, 0000 RANDALL C. NEDEGAARD, 0000 SHAWN B. BEVANS, 0000 HECTOR CASTILLO, 0000 DAVID K. NELSON, 0000 BRUCE A. BEYERLY, 0000 WILLIAM M. CATHEY, 0000 DEBRA ANN NOTTURNOBAYLEY, 0000 SUSHIL R. BHATT, 0000 VINCENT K. CATICH, 0000 CRAIG A. OLSON, 0000 JAY R. BICKLEY, 0000 MARC E. CAUDILL, 0000 MARK S. OORDT, 0000 TIMOTHY J. BILTZ, 0000 DAVID A. CEBRELLI, 0000 LISA T. PEGUES, 0000 GREGORY A. BINGHAM, 0000 JEFFREY D. CETOLA, 0000 RUSSELL L. PINARD, 0000 CRAIG S. BIONDO, 0000 GLENN S. CHADWICK, 0000 RONALD E. PORTE, 0000 DAVID R. BIRCH, 0000 KENNETH M. CHAISSON, 0000 PHILIP J. PREEN, 0000 TIMOTHY G. BISHOP, 0000 JAMES E. CHALKLEY II, 0000 ANDERSON B. ROWAN, 0000 MARK L. BLACK, 0000 RICHARD M. CHAMBERS, 0000 MICHAEL B. SLACK, 0000 ALEXANDER J. BLANTON, 0000 RICHARD W. CHANCELLOR, 0000 DAVID A. SMITH, 0000 DAVID P. BLAZEK, 0000 MICHAEL J. CHAPA, 0000 CRAIG A. SMYSER, 0000 STEVEN J. BLEYMAIER, 0000 NIKOLAS CHAPAPAS, 0000 DAVID M. SONNTAG, 0000 GARRY M. BLOOD, 0000 MARTIN A. CHAPIN, 0000 SHARON L. SPRADLING, 0000 MORRIS C. BLUMENTHAL, 0000 DAVID E. CHELEN, 0000 STEPHEN J. STOECKER, 0000 MATTHEW J. BOBB, 0000 MARC L. CHERRY, 0000 RONALD R. STUMBO, 0000 GREGORY A. BOERWINKLE, 0000 THOMAS E. CHESLEY, 0000 ROYCE M. TERRY, 0000 JAMES M. BOGUSLAWSKI, 0000 LISETTE D. CHILDERS, 0000 JONATHAN W. THOMAS, 0000 JULIE C. BOIT, 0000 BOGDAN CHOMICKI, 0000 STEPHEN B. TUELLER, 0000 RICHARD E. BOLTON, 0000 TIMOTHY CHONG, 0000 BRIAN L. WARRICK, 0000 MICHAEL H. BOND, 0000 DIANE M. CHOY, 0000 JAMES D. WHITWORTH, 0000 ROBERT T. BOQUIST, 0000 MIKE G. CHRISTIAN, 0000 ANNETTE J. WILLIAMSON, 0000 DAVID J. BORBELY, 0000 MARK K. CIERO, 0000 CHRISTOPHER A. D. WILLISTON, 0000 MICHAEL F. BORGERT, 0000 DANIEL J. CLAIRMONT, 0000 BRAD S. WINTERTON, 0000 MAUREEN E. BORGIA, 0000 ANDRA B. CLAPSADDLE, 0000 JOHN R. WROCKLOFF, 0000 JAMES R. BORTREE, 0000 DOUGLAS S. CLARK, 0000 JAMES BOURASSA, 0000 JAMES A. CLARK, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JESSE BOURQUE JR., 0000 JOHN A. CLARK, 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR RANDELL P. BOWLING, 0000 ANDREW A. * CLARKE, 0000 FORCE AND FOR REGULAR APPOINTMENT (IDENTIFIED SCOTT E. BOYD, 0000 JAMES A. CLAVENNA, 0000 BY AN ASTERISK (*)) UNDER TITLE 10, U.S.C., SECTIONS ROBERT C. BOYLES, 0000 ROGER L. CLAYPOOLE JR., 0000 624 AND 531: ANDREW R. BRABSON, 0000 SHERMAN M. CLAYTON, 0000 To be lieutenant colonel SCOTT W. BRADLEY, 0000 RONALD E. CLEAVES, 0000 ERIC P. BRAGANCA, 0000 ARDYCE M. CLEMENTS, 0000 DAVID C. ABRUZZI, 0000 CARY L. BRAGG, 0000 RODNEY L. CLEMENTS, 0000 RICHARD J. ADAMS, 0000 JAMES A. BRANDENBURG II, 0000 CHAD M. CLIFTON, 0000 WALLACE L. ADDISON, 0000 JOHN A. BRANIN, 0000 TERENCE P. CLINE, 0000 RUSSELL G. ADELGREN, 0000 JAMES I. BRANSON, 0000 DAVID L. CLOE, 0000 MARK L. * ADKINS, 0000 HELEN L. BRASHER, 0000 KEVIN J. CLOWARD, 0000 CARL W. AGAR, 0000 JAMES E. BRECK JR., 0000 JEFFREY H. * COGGIN, 0000 PATRICK A. AHLGRIMM, 0000 BRAD A. BREDENKAMP, 0000 THOMAS C. COGLITORE, 0000 GREGORY C. AHLQUIST, 0000 PAUL L. BREDHOLT, 0000 JOHN COLLEY, 0000 PATRICK N. AHMANN, 0000 PATRICK D. BRENNAN, 0000 WENDELL L. COLLINS, 0000

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MIGUEL J. COLON, 0000 JAMES H. DRAPE, 0000 JOHN D. GILLESPIE, 0000 MARK E. COLUZZI, 0000 DONALD R. DRECHSLER, 0000 PAUL G. GILLESPIE, 0000 JUAN T. COMMON, 0000 DAVID J. DRESSEL, 0000 SHAWN P. GILLESPIE, 0000 RONALD L. COMOGLIO, 0000 GARY T. DROUBAY, 0000 WILLIAM U. GILLESPIE IV, 0000 BRIAN D. CONANT, 0000 BRIAN M. DUBROFF, 0000 GARY S. GIMA, 0000 MONICA K. CONCHOLAR, 0000 JOHN C. * DUFFEK, 0000 MARK A. GISI, 0000 STEPHEN R. CONKLING, 0000 DAVID T. DUHADWAY, 0000 JOHN T. GLASSELL, 0000 MICHAEL R. CONTRATTO, 0000 CARL R. DUMKE, 0000 MARK I. GLYNN, 0000 DAYNE G. COOK, 0000 KEVIN C. DUNBAUGH, 0000 MICHAEL K. * GNALL, 0000 KAREN L. COOK, 0000 LOUIS F. DUPUIS JR., 0000 MATTHEW E. GODA, 0000 SCOTT P. COOK, 0000 JAMES A. DURBIN, 0000 REGINA T. GOFF, 0000 DAVID L. COOL, 0000 JOHN P. DURNFORD, 0000 TODD J. GONDECK, 0000 DAVID J. COPPLER, 0000 STEVEN L. DUTSCHMANN, 0000 PATRICK J. GOOLEY, 0000 EDWARD R. CORCORAN, 0000 JAMES P. DUTTON, 0000 GARY E. GORDON, 0000 TOBY L. COREY, 0000 ANTHONY T. DYESS, 0000 GERARD GORDON, 0000 MATTHEW J. CORNELL, 0000 ALTON D. DYKES, 0000 GREGORY A. GOSSAGE, 0000 SEAN C. CORNFORTH, 0000 STEPHEN M. EARLE, 0000 STEVEN F. GOTTSCHALK, 0000 DAVID A. CORRELL, 0000 BILLIE S. EARLY, 0000 CLAYTON M. GOYA, 0000 DEREK F. COSSEY, 0000 DARWIN H. EASTER, 0000 JOHNATHAN V. GRAFELMAN, 0000 JAMES A. COSTEY, 0000 DAVID P. EASTERLING JR., 0000 SCOTT D. GRAHAM, 0000 BRIAN S. COULTRIP, 0000 ERIK H. ECKBLAD, 0000 GARY L. GRAPE, 0000 JEFFERY M. COX, 0000 BRYAN E. * EDMONDS, 0000 KATHLEEN M. GRASSE, 0000 JODY D. COX, 0000 DANIEL C. EDWARDS, 0000 ANDREW J. GRAU, 0000 MATTHEW D. COX, 0000 JOSEPH E. EDWARDS III, 0000 ANN Y. GRAVIER, 0000 KEVIN M. COYNE, 0000 PHILLIP T. * EDWARDS, 0000 CHRISTOPHER P. GRAZZINI, 0000 SUHRA E. COYNE, 0000 RICHARD J. EDWARDS, 0000 MICHAEL W. GREEN, 0000 CHRISTOPHER E. CRAIGE, 0000 CHRISTOPHER J. EICHORST, 0000 KENNETH M. GREENSTREET, 0000 KENNETH S. CRANE, 0000 PETER K. EIDE, 0000 PAULA D. GREGORY, 0000 DAVID M. CREAN, 0000 KENNETH P. EKMAN, 0000 CHRISTOPHER E. GREIMAN, 0000 BRIAN L. CREASY, 0000 NEVIN K. ELDEN, 0000 JOHN E. GRENIER, 0000 JAMES A. CREWS, 0000 EDWARD C. ELDER III, 0000 KYLE D. GRESHAM, 0000 THOMAS D. CRIMMINS, 0000 ERIK J. ELIASEN, 0000 JOHN M. GRIFFIN, 0000 GIA C. CROMER, 0000 MICHAEL D. ELIASON, 0000 JOY D. GRIFFITH, 0000 JEFFREY L. CROW, 0000 ALAN W. ELLEDGE, 0000 JOHN T. GRIVAKIS, 0000 WILLIAM P. CROWE, 0000 TODD C. ELLISON, 0000 JANET W. GRONDIN, 0000 BRETT E. CROZIER, 0000 DOUGLAS H. ENGBERSON, 0000 PAUL M. GROTELUESCHEN, 0000 HAYWOOD L. CRUDUP, 0000 JOHN T. ENYEART, 0000 CLARK M. GROVES, 0000 BRIAN P. CRUICKSHANK, 0000 ANTON ERET JR., 0000 WILLIAM C. * GRUND, 0000 JACQUELINE CRUM, 0000 MARVIN L. ERICKSON, 0000 MICHAEL A. GUETLEIN, 0000 BRYAN L. CRUTCHFIELD, 0000 CHRISTINE M. ERLEWINE, 0000 DUANE D. GUNN, 0000 KEVIN M. CRUZE, 0000 MARK B. ESTERBROOK, 0000 TORRES ALEX X. GUTIERREZ, 0000 MICHAEL G. * CULJAK, 0000 KERRY W. EVANS, 0000 GARY S. HAAG, 0000 CARNELL C. CUNNINGHAM, 0000 MARK W. EVANS, 0000 SEAN M. HACKBARTH, 0000 JOHN T. CUNNINGHAM, 0000 MICHAEL C. FALLERT, 0000 DAVID G. HADDEN, 0000 MILLER CUNNINGHAM JR., 0000 JAYNE M. FARIS, 0000 BRYAN K. HADERLIE, 0000 JARED P. CURTIS, 0000 CHARLES K. FARMER, 0000 GREGORY S. HAEFELE, 0000 MARC E. CWIKLIK, 0000 PETER W. FARNEY, 0000 CURTIS R. HAFER, 0000 DANIEL D. CZUPKA, 0000 COLIN P. FARRELL, 0000 CLAY W. HALL, 0000 THOMAS D. DAACK, 0000 DAVID S. FARROW, 0000 MICHAEL J. HALLORAN, 0000 DENNIS P. DABNEY, 0000 SAMUEL S. FEDAK, 0000 DAVID S. HAMBLETON, 0000 RICHARD S. DABROWSKI, 0000 ANNE MARIE FENTON, 0000 EILEEN R. HAMBY, 0000 TODD S. DAGGETT, 0000 DRILLER L. FIEGEL, 0000 ALISON D. HAMILTON, 0000 BRYAN T. DAHLEMELSAETHER, 0000 DONALD J. FIELDEN, 0000 CHARLES T. HAMILTON, 0000 THOMAS K. DALE, 0000 AMY H. FIER, 0000 DANIEL E. HAMILTON, 0000 KENNETH J. DALFONSO, 0000 SHAWN D. FILBY, 0000 ROBERT D. HAMILTON JR., 0000 MATTHEW R. DANA, 0000 KAREN A. FINN, 0000 KELLY D. HAMMETT, 0000 CHRISTOPHER O. DARLING, 0000 MICHAEL FINN II, 0000 JAMES D. HANKINS, 0000 KEVIN J. DAUL, 0000 JOHN N. FISCH, 0000 JOHN T. HANNA, 0000 JUSTIN C. DAVEY, 0000 JEFFREY H. FISCHER, 0000 SCOTT M. HANNAN, 0000 TERENCE A. DAVEY, 0000 BARRY W. FISHER, 0000 RONALD L. HANSELMAN JR., 0000 DEREK K. DAVIS, 0000 EDWARD B. * FISHER, 0000 DAVID E. HANSEN, 0000 HARRY A. DAVIS JR., 0000 MICHAEL R. FISHER, 0000 LISA K. HANSEN, 0000 JEFFREY A. * DAVIS, 0000 FREDRIC S. * FITZSIMMONS, 0000 ALFRED R. HANSON, 0000 JONATHAN P. DAVIS, 0000 PETER G. FITZSIMMONS, 0000 KRAIG M. HANSON, 0000 STEPHEN M. DAVIS, 0000 MICHAEL P. FLAHERTY, 0000 MICHAEL C. HARASIMOWICZ, 0000 THEODORE L. DAVIS JR., 0000 TODD J. FLESCH, 0000 DOUGLAS D. HARDMAN, 0000 JERI L. DAY, 0000 BRIAN J. FLETCHER, 0000 JEANNE I. HARDRATH, 0000 DARRELL S. DEARMAN, 0000 PATRICK M. FLOOD, 0000 REGINA HARGETT, 0000 ROD A. DEAS, 0000 KELLY D. FLOREK, 0000 MICHAEL R. HARGIS, 0000 JEFFREY A. DEBOER, 0000 RUEHL F. FLORES, 0000 MARK J. HARLOW, 0000 MICHAEL E. DEBRECZENI, 0000 ROBERT L. FLOYD IV, 0000 GETTYS N. HARRIS JR., 0000 JEFFREY W. DECKER, 0000 VICTOR M. FLOYD, 0000 KENNETH A. HART, 0000 KIMBERLY JO DECKER, 0000 RICHARD L. FOLKS II, 0000 RICHARD A. HARVEY, 0000 CHARLES E. DECKETT, 0000 CHRISTOPHER C. * FOLTZ, 0000 VALERIE L. HASBERRY, 0000 BRENTLY G. DEEN, 0000 DAVID E. FOOTE, 0000 BRIAN E. HASTINGS, 0000 DARIN A. DEFENDORF, 0000 TERESA L. FOREST, 0000 SUSAN E. HASTINGS, 0000 GREGORY S. DEFORE, 0000 WILLIAM A. FORKNER, 0000 BRETT R. HAUENSTEIN, 0000 HARVEY T. DEGROOT, 0000 ANDREAS J. FORSTNER, 0000 TIMOTHY D. HAUGH, 0000 DENNIS L. DEITNER, 0000 JUSTIN C. FORTUNE, 0000 STACEY T. HAWKINS, 0000 PETER J. DEITSCHEL, 0000 CHRISTOPHER T. FOSTER, 0000 RODNEY C. HAYDEN, 0000 GERARDO DELACRUZMARTINEZ, 0000 GREG W. FOSTER, 0000 TRACEY L. HAYES, 0000 JOHN M. DELAPP JR., 0000 JAMES R. FOURNIER, 0000 JERRY W. HAYNES II, 0000 TONY J. DELIBERATO, 0000 MATTHEW J. * FRANDSEN, 0000 JOSEPH H. HAYSLETT JR., 0000 MILES A. DEMAYO, 0000 GREGORY C. FRANKLIN, 0000 KIMBERLY LOVING HEARTSONG, 0000 FRANKLIN L. DEMENT, 0000 CHAD P. FRANKS, 0000 DOUGLAS M. HEATH, 0000 ANDRE R. DEMPSEY, 0000 WENDY K. FRASER, 0000 GREGORY L. HEBERT, 0000 JAMES E. DENBOW JR., 0000 GINA T. FRATIANI, 0000 JOHN P. HEDRICK, 0000 JASON J. DENNEY, 0000 THOMAS E. FREDERICKS, 0000 PATRICK E. * HEFLIN, 0000 LEANN DERBY, 0000 MICHAEL L. FREDLEY, 0000 CARLIN R. HEIMANN, 0000 CHRISTOPHER A. DESIMONE, 0000 MICHAEL R. FREY, 0000 STEPHEN W. HEINRICH, 0000 TED A. DETWILER, 0000 SCOTT G. FRICKENSTEIN, 0000 MARK L. HELLEKSEN, 0000 CHRISTOPHER M. DEVAUGHN, 0000 DON C. FULLER III, 0000 MICHAEL W. HELVEY, 0000 ROBERT J. DIANTONIO, 0000 MICHAEL L. FUREY, 0000 EDWARD J. HENNIGAN II, 0000 ROBERT L. DIAS, 0000 TALMADGE A. GAITHER, 0000 LEANNE J. HENRY, 0000 RODNEY L. DICKERSON, 0000 PAUL A. GALLAHER, 0000 CHRISTOPHER C. HERRING, 0000 JOHN R. DIERCKS, 0000 BARRY R. GAMBRELL, 0000 CHRISTOPHER J. HESLIN, 0000 BOBBY R. DILLON, 0000 CHADWICK H. GARBER, 0000 MARC V. HEWETT, 0000 ANTHONY V. DIMARCO, 0000 JOAN H. GARBUTT, 0000 ANTHONY A. HIGDON, 0000 PERCY A. DINGLE, 0000 ALFRED D. GARCIA, 0000 JEFFREY L. HIGGINS, 0000 JON J. DIX, 0000 MARIA L. GARCIA, 0000 ROBERT W. HIGHLEY, 0000 KEVIN D. DIXON, 0000 ROBERT J. GARNER, 0000 CHRISTOPHER D. HILL, 0000 DAVID W. DODGE, 0000 RONALD P. GARRETT, 0000 ERIC T. HILL, 0000 TIMOTHY C. DODGE, 0000 JOHN A. GASNER, 0000 ROBIN L. HILL, 0000 RICHARD A. DOLLESIN, 0000 JAMES M. * GATHRIGHT, 0000 GREGORY D. HILLEBRAND, 0000 PAUL B. DONOVAN, 0000 KURT H. GAUDETTE, 0000 KARL V. HINES, 0000 DAVID R. DORNBURG, 0000 GRANT G. GEISLER, 0000 MICHAEL W. HINZ, 0000 JAMES L. DOROUGH JR., 0000 ANTHONY W. GENATEMPO, 0000 RONALD W. HIRTLE, 0000 TRACY K. DORSETT III, 0000 LYNNANE E. GEORGE, 0000 MARK A. HIRYAK, 0000 DENIS P. DOTY, 0000 ROBERT T. GERMANN, 0000 DAVID J. HLUSKA, 0000 MARK R. DOUGLAS, 0000 BRIAN E. * GERONIME, 0000 CALMA C. HOBSON, 0000 RICHARD J. DOUGLASS, 0000 PATRICIA A. GETHING, 0000 CARL E. HODGES, 0000 THOMAS R. * DOWDLE, 0000 MARK A. GIDDINGS, 0000 JAMES C. HODGES, 0000 PATRICK K. DOWLING, 0000 WILLIAM W. GIDEON, 0000 JOSEPH A. HOELSCHER, 0000 JAMES D. DOWNARD II, 0000 SCOTT L. GIERAT, 0000 MICHAEL T. HOEPFNER, 0000 MICHAEL P. DOYLE, 0000 WILLIAM GIESER, 0000 HANS A. HOERAUF, 0000 RICHARD A. DOYLE, 0000 CAMERON L. GILBERT, 0000 DAVID J. HOFF, 0000 TY R. DRAKE, 0000 RANDALL S. GILHART, 0000 TIMOTHY J. HOGAN, 0000

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MICHAEL W. HOH, 0000 SANDRA J. KOLB, 0000 CHARLES C. MAYER, 0000 JEFFERY A. * HOLBROOK, 0000 MICHAEL L. KONING, 0000 GEORGE A. MAYLEBEN, 0000 STEPHANIE A. HOLCOMBE, 0000 BRIAN L. KONKEL, 0000 CLAYTON W. MCANALLY, 0000 JAMES F. HOLLIE, 0000 JAMES L. KOONTZ, 0000 PAUL W. MCAREE, 0000 MICHAEL R. HOLMES, 0000 TRACEY D. KOP, 0000 RICHARD T. MCCAFFERTY, 0000 STAN L. * HOLMES, 0000 KENNETH L. KORPAK, 0000 TODD V. MCCAGHY, 0000 JERILYN G. HOLSAPPLE, 0000 IOANNIS KOSKINAS, 0000 KYNA R. MCCALL, 0000 CAMERON G. HOLT, 0000 STEVEN C. KOVERMAN, 0000 PAUL R. MCCARVER, 0000 WILLIE O. HOLT JR., 0000 KARL W. KRAAN, 0000 MITCHELL T. MCCLAREN, 0000 DAVID E. HOOK, 0000 GEORGE S. KRAJNAK, 0000 ROBERT G. MCCORMACK, 0000 JOHN L. HOOVER, 0000 TODD D. KRATZKE, 0000 JAMES B. MCCORMICK JR., 0000 DAVID J. HORNYAK, 0000 RICHARD E. KRAUS, 0000 CHASE P. MCCOWN, 0000 RICHARD B. HUBBARD III, 0000 ROBERT W. KRAUS, 0000 FRANCIS M. MCDONOUGH, 0000 BRYAN J. HUDGENS, 0000 ROBERT C. KRAUSE, 0000 GEORGE M. MCDOWELL, 0000 JED L. HUDSON, 0000 GREGORY J. KRAUT, 0000 JAMES J. MCELHENNEY, 0000 KEVIN J. HUGHES, 0000 JAMES E. KRICKER, 0000 DARYL C. MCELWAIN, 0000 PATRICK HUGHES, 0000 JOHN P. * KRIEGER, 0000 JENNIFER A. MCGARVA, 0000 RICHARD J. HUGHES, 0000 SHANNON E. KRUSE, 0000 MARK A. MCGEORGE, 0000 STEPHEN A. HUGHES, 0000 JAMES K. KUBINSKI, 0000 BRIAN P. MCGOLDRICK, 0000 CHERYL L. HUGULEY, 0000 DAVID P. KUENZLI, 0000 ANDREW MCINTYRE, 0000 KIRK W. HUNSAKER, 0000 SCOTT A. KUNKEL, 0000 JAMES R. * MCIRVIN, 0000 JAMES D. HUNSICKER, 0000 KURT W. KUNTZELMAN, 0000 PATRICK J. MCKEEVER, 0000 CLINT H. HUNT, 0000 KRISTINE T. KUSEKVELLANI, 0000 TIMOTHY J. MCLAIN, 0000 JOHN T. HUNTER, 0000 DONALD P. LAGATOR JR., 0000 PAUL R. MCLAUGHLIN, 0000 BRYAN K. HUNTSMAN, 0000 HANS C. LAGESCHULTE, 0000 PHILIP M. MCNAIRY, 0000 JEFFREY H. HURLBERT, 0000 GEOFFREY A. LAING, 0000 FRANK R. MCNAMARA, 0000 LINDA S. HURRY, 0000 ANDREW A. LAMBERT, 0000 BRUCE R. MCNAUGHTON, 0000 STEVEN R. HUSS, 0000 JAY A. LANDIS, 0000 SAMUEL L. MCNIEL, 0000 JON E. INCERPI, 0000 KENNETH M. LANG, 0000 FRANK A. MCVAY, 0000 ROBERT L. INGEGNERI, 0000 ROWENE J. LANT, 0000 MARC C. MCWILLIAMS, 0000 ROBERT E. INTRONE, 0000 ALFONSO A. LAPUMA, 0000 CHARLES R. MEADOWS, 0000 CHRISTOPHER J. IRELAND, 0000 DOUGLAS N. LARSON, 0000 DEBORAH E. MEADOWS, 0000 CHRISTOPHER D. IRWIN, 0000 CAROLYN B. LASALA, 0000 BRUNO A. MEDIATE, 0000 EZEKIEL T. ISAIS, 0000 ROBERT H. LASS, 0000 JAMES M. MEEK, 0000 MATTHEW C. ISLER, 0000 SEAN D. LASSITER, 0000 BRUNO MELTON, 0000 DAVID R. IVERSON, 0000 ARTHUR H. LAUBACH JR., 0000 MICHAEL A. MENDOZA, 0000 BRICK IZZI, 0000 OCTAVE P. LAURET III, 0000 WILLIAM E. * MENGERS, 0000 ROBERT S. JACKSON JR., 0000 JEROME P. LAVELY, 0000 WILLIAM J. MERCHANT, 0000 STEPHEN R. JACKSON, 0000 LORI S. LAVEZZI, 0000 DANIEL F. MERRY, 0000 JOHN A. JACOBSON, 0000 CHERYL L. * LAW, 0000 CONSTANCE M. MESKILL, 0000 DARREN V. JAMES, 0000 DAVID T. LAWYER, 0000 CHARLES E. METROLIS JR., 0000 GEORGE L. JAMES, 0000 CRAIG S. LEAVITT, 0000 EDWARD A. MEYER, 0000 PAUL D. JAMPOLE, 0000 JEANNIE M. LEAVITT, 0000 GREGORY S. MEYER, 0000 KALEN K. JEFFERS, 0000 MARK T. LEAVITT, 0000 THOMAS E. MEYER, 0000 MARC E. JEFFERSON, 0000 HYON K. LEE, 0000 JOSEPH F. * MICHELL IV, 0000 HENRY C. JENKINS JR., 0000 RUSSELL E. * LEE, 0000 SAMUEL P. MILAM, 0000 JEFFREY J. JENKINS, 0000 SCOTT T. LEFORCE, 0000 STEPHEN V. MILIANO, 0000 MYRA D. JENKINS, 0000 STEVE A. LEFTWICH, 0000 JOHN C. MILLARD, 0000 CHARLES R. JENNINGS, 0000 AARON D. LEHMAN, 0000 DAVID E. MILLER, 0000 JOSEPH S. JEZAIRIAN, 0000 NORMAN J. LEONARD, 0000 PATRICK D. MILLER, 0000 DAVID A. JOHNSON, 0000 GARY N. LEONG, 0000 SCOTT C. MILLER, 0000 DAVID D. JOHNSON, 0000 JOHN F. LEPORE JR., 0000 SUSAN M. MILLER, 0000 DAVID S. JOHNSON, 0000 CYNTHIA A. LESINSKI, 0000 TOM D. MILLER, 0000 DONNA L. JOHNSON, 0000 JAMES L. LESS, 0000 JOSEPH A. MILNER, 0000 JEFFREY M. JOHNSON, 0000 STEVEN J. LEWIS, 0000 RICHARD K. MILNER, 0000 JOHN H. JOHNSON, 0000 ANITA L. LIGHTFOOT, 0000 LOUIS E. MINGO JR., 0000 KENNETH F. JOHNSON, 0000 JOSEPH M. LIMBER, 0000 JIMMIE L. MITCHELL JR., 0000 MALCOLM T. JOHNSON, 0000 TIMOTHY J. LINCOLN, 0000 JOHN H. MODINGER, 0000 PAUL T. JOHNSON, 0000 CHRISTOPHER J. LINDELL, 0000 MATTHEW C. MOLINEUX, 0000 ROGER F. JOHNSON, 0000 FRANK J. LINK, 0000 MITCHELL A. MONROE, 0000 SCOTT R. JOHNSON, 0000 FREDERICK H. LINK, 0000 MICHAEL G. MONSON, 0000 TIMOTHY R. JOHNSON, 0000 KENNETH A. LINSENMAYER, 0000 KENNETH S. S. MONTGOMERY, 0000 WILLIAM H. JOHNSON III, 0000 CHRISTOPHER P. LIPNITZ, 0000 KIRK A. * MONTGOMERY, 0000 RONALD E. JOLLY, 0000 WILLIAM JOHN LIQUORI JR., 0000 II NATHAN C. MOONEY, 0000 BARRY W. * JONES, 0000 WILLIAM C. LIVESAY JR., 0000 CHARLES E. MOORE JR., 0000 BENJAMIN F. JONES, 0000 THOMAS K. LIVINGSTON, 0000 WILLIAM L. MOORE, 0000 DATHAN B. JONES, 0000 MATTHEW J. LLOYD, 0000 ERIN R. MORAN, 0000 JEFFREY D. * JONES, 0000 STEPHEN E. LLOYD, 0000 DAVID J. MORGAN, 0000 JOHN W. JONES, 0000 STACY LOCKLEAR JR., 0000 DONALD MORGAN, 0000 RICHARD J. JONES, 0000 DOUGLAS T. LOEHR, 0000 BRIAN K. MORRIS, 0000 CURTIS M. JORDAN, 0000 STEVEN M. LOKEN, 0000 CAIL MORRIS JR., 0000 JOSEPH S. JULIAN JR., 0000 FREDERICK A. LOMBARDI, 0000 MICHAEL E. MORRIS, 0000 DONALD J. KADERBEK, 0000 JOHN H. LONG, 0000 WILLIAM F. MORRISON II, 0000 RUSSELL T. KASKEL, 0000 SCOTT N. LONG, 0000 ROBERT L. MOSES, 0000 RANDY L. KAUFMAN, 0000 RANDALL F. LOOKE, 0000 DEBORA E. MOSLEY, 0000 ADAM B. KAVLICK, 0000 LESTER R. LORENZ, 0000 GERARD A. MOSLEY, 0000 DAVID A. * KAWECK, 0000 WILLIAM J. LOREY, 0000 RAY A. MOTTLEY, 0000 CHRISTY A. KAYSERCOOK, 0000 VINCENT J. LOSTETTER JR., 0000 DANIEL R. MOY, 0000 DAWN D. KEASLEY, 0000 JEFFREY C. LOVELACE, 0000 ROBERT J. MOZELESKI, 0000 PATRICK D. KEE, 0000 DENNIS J. LUCAS, 0000 KEVIN M. MUCKERHEIDE, 0000 CLIFFORD A. KEENAN, 0000 MARISSA C. LUCERO, 0000 CHRISTOPHER G. MUELLER, 0000 PATRICK M. KEENAN, 0000 ROY S. LUDVIGSEN, 0000 KYLE D. MULLEN, 0000 ROBERT B. KEENEY JR., 0000 ROBERT A. LURZ, 0000 DOUGLAS E. MULLINS, 0000 TIMOTHY L. KEEPORTS, 0000 JOHN M. LUSSI, 0000 ROBERT B. MUNDIE, 0000 D. EDWARD KELLER JR., 0000 MARK NMN LUTTSCHWAGER, 0000 KENNY K. MUNECHIKA, 0000 STEVEN E. KELLER, 0000 DANIEL R. LYKINS, 0000 PORFIRIO H. MUNOZ JR., 0000 JAMES H. KELLEY JR., 0000 DAVID L. LYLE, 0000 WILLIAM C. * MURPHEY, 0000 KEVIN C. KELLEY JR., 0000 DAVID F. LYNCH, 0000 BRIAN C. MURPHY, 0000 MICHAEL B. KELLY, 0000 GREGORY D. LYND, 0000 JOHN E. * MURPHY, 0000 THOMAS A. KELLY IV, 0000 DONALD D. LYTLE, 0000 MARK C. MURPHY, 0000 WAYNE N. KELM, 0000 MATTHEW M. D. * MACE, 0000 MIMI MURPHY, 0000 MALCOLM T. KEMENY, 0000 DAVID P. MACK, 0000 IVAN D. MURRAY, 0000 ANDRE L. KENNEDY, 0000 JEFFREY D. MACLOUD, 0000 LANCE T. MURRAY, 0000 DOUGLAS B. KENNEDY, 0000 DAVID L. MAHANES II, 0000 MICHAEL J. MUSZYNSKI, 0000 KEVIN B. KENNEDY, 0000 JACK W. MAIXNER, 0000 DAVID S. MYERS, 0000 PATRICK S. KENNEDY, 0000 DAVID J. MALONEY, 0000 JEFFREY B. MYERS, 0000 STEVEN T. KENNEL, 0000 LORALEE R. MANAS, 0000 LEMUEL R. MYERS JR., 0000 COREY J. KEPPLER, 0000 MARK H. MANLEY, 0000 MARCUS S. MYERS, 0000 VICKIE S. KERSEY, 0000 CHRISTOPHER R. MANN, 0000 MICHAEL L. MYERS, 0000 TIMOTHY G. KETTERER, 0000 CHRISTOPHER M. MARCELL, 0000 MYLES M. NAKAMURA, 0000 EDWARD J. KHIM, 0000 JOSEPH R. MARCINKEVICH, 0000 JOHN S. NEHR, 0000 BRIAN C. KIEFFER, 0000 TODD M. MARKWALD, 0000 JAMES A. NEICE JR., 0000 THOMAS J. KILLEEN, 0000 TONY R. MARLOWE, 0000 JEFFREY D. NEISCHEL, 0000 KIRK A. KIMMETT, 0000 JEFFREY A. MARSDEN, 0000 BRETT J. NELSON, 0000 DAVID R. KING, 0000 WILLIAM D. MARSH II, 0000 MICHAEL S. NELSON, 0000 DEAN D. KING, 0000 COREY J. MARTIN, 0000 MARK N. NEULANDER, 0000 RICHARD L. KING JR., 0000 JOEL L. MARTIN, 0000 BRIAN M. NEWBERRY, 0000 BRADLEY A. KINNEER, 0000 JOHN M. MARTIN, 0000 DAVID J. NEWTON, 0000 DAVID K. * KLAUS, 0000 WILLIAM J. MARTIN, 0000 RANDAL G. * NEWTON, 0000 KONRAD J. KLAUSNER, 0000 JAMES T. MARX, 0000 CLIFTON E. NICHOLS, 0000 JEFFREY T. KLIGMAN, 0000 ROBERT L. MASON, 0000 ERIC B. NICKISH, 0000 WILLIAM J. KLUG, 0000 MAX R. MASSEY JR., 0000 KENT A. NICKLE, 0000 EDMUND W. KNETIG, 0000 RUSSELL A. MATIJEVICH, 0000 DANA S. NIELSEN, 0000 DAVID W. KNIGHT, 0000 JAMES B. MATTILA, 0000 DOUGLAS J. NIKOLAI, 0000 HEATHER R. KNIGHT, 0000 DAVID M. MATTSON JR., 0000 TREVOR W. NITZ, 0000 CHARLES W. KNOFCZYNSKI, 0000 PATRICIA C. MAULDIN, 0000 JAMES R. NOETZEL JR., 0000 RICHARD W. KOELLING JR., 0000 JOHN C. MAXWELL, 0000 STEVEN P. NOLL, 0000

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WILLIAM R. NOLTE, 0000 ADAM S. REMALY, 0000 DALE P. SINNOTT, 0000 DEBRA A. NORTH, 0000 MARK E. RESSEL, 0000 MATTHEW E. SKEEN, 0000 GEOFFREY N. NORTON, 0000 DAMON R. REYNOLDS, 0000 ANNE E. SKELLY, 0000 JAMES D. NORTON, 0000 RONDALL R. RICE, 0000 KEITH A. SKINNER, 0000 NELSON J. * NOVO, 0000 MICHAEL P. RICHMOND, 0000 GARY C. SLACK, 0000 MICHAEL T. OBERBROECKLING, 0000 JAMES E. RICKMAN, 0000 THOMAS G. SLOAN, 0000 BRIAN M. OCONNELL, 0000 BRADLEY T. RIDDLE, 0000 ANDREW J. SMITH, 0000 MARY J. OCONNOR, 0000 DAVID T. RIDDLE, 0000 BRIAN G. SMITH, 0000 TIMOTHY J. OCONNOR, 0000 JOHN J. RIEHL, 0000 BRUCE M. SMITH, 0000 GARY L. ODANIEL, 0000 THOMAS J. RINEY, 0000 COLLIN B. SMITH, 0000 KELVIN B. ODELL, 0000 LUIS A. RIOS, 0000 COURTNEY V. SMITH, 0000 JOSEPH M. ODER, 0000 RANDY L. RIVERA, 0000 DARRYL M. * SMITH, 0000 MARK J. OECHSLE, 0000 SCOTT W. RIZER, 0000 DAVID W. SMITH, 0000 JOHN W. OGDEN JR., 0000 GLENN E. ROBERTS, 0000 DEVIN E. SMITH, 0000 DAVIS S. OISHI, 0000 PETER C. ROBERTS, 0000 DOUGLAS S. SMITH, 0000 CHRISTOPHER J. OLEKSA, 0000 RICHARD C. ROBERTS, 0000 DUSTIN P. SMITH, 0000 RAFAEL E. OLIVA, 0000 FRANKLIN T. ROBINSON, 0000 JAMES B. SMITH, 0000 KEVIN A. OLIVER, 0000 JOHN D. ROBINSON, 0000 JAMES E. SMITH, 0000 FORREST O. OLSON, 0000 KELLY G. * ROBINSON, 0000 JAMES R. SMITH JR., 0000 PHILLIP G. ONEAL, 0000 MICHAEL T. ROCHE, 0000 LINDA D. SMITH, 0000 DOUGLAS A. OPERSTENY, 0000 JOHN M. RODEN, 0000 MAUREEN J. SMITH, 0000 DANIEL J. ORCUTT, 0000 BARRY D. ROEPER, 0000 REGINALD R. SMITH, 0000 JUAN C. ORTIZ, 0000 BRADLEY J. ROGERS, 0000 STELLA T. SMITH, 0000 TROY D. ORWAN, 0000 KENNETH J. ROLLER, 0000 MATTHEW C. SMITHAM, 0000 ERIC R. OSTENDORF, 0000 MICHAEL A. ROMERO, 0000 KERRY J. SMITHERS, 0000 DEAN R. OSTOVICH, 0000 RENE F. ROMERO, 0000 FRANKLIN W. SMYTH, 0000 SHIRLENE D. OSTROV, 0000 MARK D. ROOSMA, 0000 LAUREL A. SMYTH, 0000 LAWRENCE J. OTT, 0000 ELIZABETH A. ROPER, 0000 JOHN H. SNELLING JR., 0000 WILLIAM J. OTT, 0000 STEPHEN A. ROSE, 0000 KATHERINE O. SNYDER, 0000 RONALD G. OWENS, 0000 NANCY M. ROWER, 0000 WILLIAM H. SNYDER, 0000 DANIEL A. PACHECO, 0000 KEVIN M. ROZELSKY, 0000 PETER M. SOLIE, 0000 THOMAS C. * PADGETT JR., 0000 ERIK K. RUNDQUIST, 0000 JEFFREY L. SORENSEN, 0000 WILLIAM E. * PAGE III, 0000 JOEL C. * RUSH, 0000 RHONDA M. SOTO, 0000 THOMAS E. PAINTER JR., 0000 JOSEPH J. RUSHLAU, 0000 ROBERT S. SPALDING, 0000 HANS F. PALAORO, 0000 RONALD R. RUTLEDGE, 0000 STEVEN N. SPANOVICH, 0000 RICK A. PALO, 0000 JOHN K. RYAN, 0000 THOMAS R. SPELLMAN, 0000 GLENN A. PANARO, 0000 LAURA M. RYAN, 0000 MERRICE SPENCER, 0000 RICH Y. PANG, 0000 JAMES SABELLA, 0000 MICHAEL M. SPENCER, 0000 MICHAEL J. * PAOLI, 0000 IAN R. SABLAD, 0000 TANGELA D. SPENCER, 0000 ALAN PAOLUCCI, 0000 CINDY K. SABO, 0000 RON L. SPERLING, 0000 JOHN A. PAPACHRISTON, 0000 JOEL A. SAKURA, 0000 GARY M. SPILLMAN, 0000 ZANNIS M. PAPPAS, 0000 LESLEE J. SALECK, 0000 DARREN D. SPRUNK, 0000 JOHN A. PARADIS, 0000 WILLIAM S. SALINGER, 0000 WILLIAM A. STAHL JR., 0000 THOMAS E. PARENT, 0000 WILLIAM B. SALKIND, 0000 JAMES P. STAVER, 0000 ROBERT S. PARKS, 0000 RUSSELL S. SALLEY, 0000 MARCUS S. * STEFANOU, 0000 TODD J. PARKS, 0000 BRADLEY CHANCE SALTZMAN, 0000 KEVIN M. STEFFENSON, 0000 MICHAEL J. PASTIKA JR., 0000 MARISSA C. SALVADOR, 0000 STEPHEN R. STEINER, 0000 DAVID M. PATTERSON, 0000 DAVID M. SAMPSON, 0000 MICHAEL J. STEPHENS, 0000 BRETT A. PAUER, 0000 WILLIAM G. SANDERS, 0000 PETER B. STERNS, 0000 TODD M. PAVICH, 0000 RALPH A. SANDFRY, 0000 JOHN S. STEWART, 0000 KENNETH A. PAXTON, 0000 JAIME SANTOS, 0000 SCOTT M. STEWART, 0000 JAMES M. PAYNE II, 0000 MICHAEL E. SANTOS, 0000 ALESSANDRA STOKSTAD, 0000 JOHN D. PEAK, 0000 SUSAN S. SANTOS, 0000 BRYAN M. STOKSTAD, 0000 STEVEN D. PEARSON, 0000 CHRISTOPHER M. SARTORIUS, 0000 VICKI J. * STONE, 0000 JAMES L. PEASE, 0000 GREGORY W. SAVA, 0000 JOHN J. STOREY, 0000 STEPHEN D. PEDROTTY, 0000 GLEN A. SAVORY, 0000 TODD J. STOVALL, 0000 KATHY G. PEEL, 0000 BARBARA L. SAWYER, 0000 MICHAEL R. STRACHAN, 0000 TIMOTHY W. PENLEY, 0000 VINCENT J. SCANNELLI, 0000 ROBERT M. STRESEMAN, 0000 RANDY B. PENSON, 0000 ANTHONY SCELSI, 0000 ROBERT M. STRICKLAND JR., 0000 JOHN C. PEPIN, 0000 GEORGE W. SCHANTZ JR., 0000 DOUGLAS E. STROPES, 0000 JEFFREY W. PERHAM, 0000 PAUL A. SCHANTZ, 0000 CARL A. STRUCK, 0000 SEAN W. PERKINS, 0000 MICHAEL P. SCHAUB JR., 0000 TIMOTHY A. STRUSZ, 0000 WAYNE D. * PERRY, 0000 SCOTT J. SCHEPPERS, 0000 JOHN W. STUBLAR, 0000 KENNETH M. PESEK, 0000 RAYMOND D. SCHERR, 0000 JOSEPH L. STUPIC, 0000 BRIAN T. PETERSON, 0000 KEVIN J. SCHIELDS, 0000 JAMES G. STURGEON, 0000 JOEL T. PETERSON, 0000 DANA R. SCHINDLER, 0000 JAMES A. STURIM, 0000 RICK T. PETITO, 0000 MICHAEL N. SCHLACTER, 0000 ANTONIO R. SUKLA, 0000 GILBERT E. PETRINA JR., 0000 MYRON L. SCHLUETER, 0000 RICHARD E. SURDEL, 0000 KARL D. PFEIFFER, 0000 KIRK T. SCHMIERER, 0000 ROBERT C. SWARINGEN II, 0000 ERIC M. * PHARRIS, 0000 GARY J. SCHNEIDER, 0000 DAWN MARIE SWEET, 0000 KEITH L. PHILLIPS, 0000 NEAL W. * SCHNEIDER, 0000 MARK F. SWENTKOFSKE, 0000 RODGER W. PHILLIPS, 0000 JON S. H. SCHOENBERG, 0000 MICHAEL A. SWIFT, 0000 BRADLEY R. PICKENS, 0000 JOHN M. SCHOOT, 0000 MARK J. SYNOVITZ, 0000 DAVID C. PIECH, 0000 KARY R. SCHRAMM, 0000 TRACY R. SZCZEPANIAK, 0000 MARK A. PIERCE, 0000 JEFFREY C. SCHROEDER, 0000 CHRISTIAN J. TAFNER, 0000 CORY M. PINK, 0000 BARTON B. SCHUCK, 0000 BRET C. TALBOTT, 0000 MATTHEW T. PIRKO, 0000 RODGER G. * SCHULD, 0000 KEVIN C. TALIAFERRO, 0000 JOHN D. PLATING, 0000 GREGORY W. SCHULTZ, 0000 KERRY L. TARR, 0000 MICHAEL H. PLATT, 0000 JEFFREY K. SCHWEFLER, 0000 HAROLD A. TAYLOR JR., 0000 FREDRICK G. PLAUMANN, 0000 WALTER H. SCHWERIN JR., 0000 JOHN W. TAYLOR JR., 0000 TERENCE A. PLUMB, 0000 BRADLEY S. SEARS, 0000 JOSEPH A. TAYLOR JR., 0000 JULIE R. PLUMMER, 0000 DAREN A. * SEARS, 0000 KAREN L. TAYLOR, 0000 DOUGLAS W. POHLMAN, 0000 JAMES R. SEARS JR., 0000 MICHAEL T. TAYLOR, 0000 KELLI B. POHLMAN, 0000 THOMAS J. SEBENS, 0000 SYLVIA C. TAYLOR, 0000 MATTHEW S. POISSOT, 0000 ANTHONY B. SECRIST, 0000 SCOTT G. TENNENT, 0000 ANTHONY J. POLLIZZI JR., 0000 JOHN T. SELDEN II, 0000 MICHAEL K. TEPLEY JR., 0000 STEVEN A. POMEROY, 0000 DWAYNE P. SELLERS, 0000 GARY M. TESTUT, 0000 DANIEL O. PONCEDELEON, 0000 RONALD D. SENGER, 0000 JOHN R. THAYER, 0000 CHRISTOPHER J. POSSEHL, 0000 MICHAEL B. SENSENEY, 0000 DAMON M. THEMELY, 0000 DANA POWELL, 0000 JORGE F. SERAFIN, 0000 THEO THEODOR JR., 0000 STEPHEN R. PRATT, 0000 GARY L. SERFOSS, 0000 BOB F. THOENS, 0000 LAWRENCE E. PRAVECEK, 0000 MARK W. SERGEY, 0000 DAVID E. THOLE, 0000 KEITH M. PREISING, 0000 MAYAN SHAH, 0000 DWAYNE E. THOMAS, 0000 STERETT R. PREVOST IV, 0000 SAMUEL J. SHANEYFELT, 0000 EDWARD W. THOMAS JR., 0000 RICHARD D. PROCTOR, 0000 TONY A. SHARKEY, 0000 TROY S. THOMAS, 0000 CYNTHIA A. PROVOST, 0000 CHRISTOPHER L. SHARP, 0000 WILLIAM B. THOMAS, 0000 CHARLES A. PRYOR III, 0000 BRUCE W. SHAW, 0000 GREGORY F. THOMPSON, 0000 HOWARD K. PSMITHE, 0000 CHARLES B. SHEA, 0000 RANDALL L. THOMSEN, 0000 GARY PUHEK, 0000 WALTER A. SHEARER, 0000 JEFFREY S. THORBURN, 0000 GLENN C. QUANBECK, 0000 SEAN W. SHEEHY, 0000 ROSEMARY L. THORNE, 0000 YVETTE S. QUITNO, 0000 RICHARD A. SHEETZ, 0000 JENNIFER J. THORPELEWIS, 0000 ALLEN C. RABAYDA, 0000 RICHARD A. SHELDON JR., 0000 KEVIN J. THRASH, 0000 CARL W. RAHN, 0000 GREGG A. SHELTON, 0000 RICHARD G. THUERMER, 0000 LIONEL L. RAMOS, 0000 NAM N. M. SHELTON, 0000 THOMAS J. TIMMERMAN, 0000 STEVEN T. RAMSAY, 0000 DAVID J. SHERMAN, 0000 DANIEL W. TIPPETT, 0000 MARK J. RAMSEY, 0000 DAVIN M. SHING, 0000 PAUL D. TOBIN, 0000 JOSEPH R. RARICK, 0000 WILMA J. SHIVELY, 0000 SCOTT D. TOBIN, 0000 RICHARD J. RASMUSSEN, 0000 MICHAEL K. SHOWER, 0000 MICHAEL A. TODD, 0000 THOMAS R. RAULS, 0000 ROBERTA L. SHREFFLER, 0000 LESA K. TOLER, 0000 ERIC D. RAY, 0000 RICHARD A. * SHUFF, 0000 KAREN L. TORRACA, 0000 MICHAEL B. REDDING, 0000 SAMUEL M. SHULT, 0000 ANMY D. TORRES, 0000 EDWIN H. REDMAN, 0000 KEVIN D. SIEVERS, 0000 RAYMOND G. TOTH, 0000 MARK A. REDMON, 0000 THEODORE R. SIEWERT, 0000 GREGORY J. TOUSSAINT, 0000 RANDALL REED, 0000 GLENN L. SIGLEY, 0000 WILLIAM R. TRACY, 0000 DAVID L. REESE, 0000 SHAWN G. SILVERMAN, 0000 JEROME T. TRAUGHBER, 0000 GREGORY J. REESE, 0000 SCOTT C. SIMON, 0000 VALERIE W. TREFTS, 0000 DAVID J. REGA, 0000 WILLIAM P. SINGLETARY, 0000 PETER J. TREMBLAY, 0000

VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00134 Fmt 4624 Sfmt 9801 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2004 CONGRESSIONAL RECORD — SENATE S10897 LARRY J. TRENT, 0000 MATTHEW B. WILLIS, 0000 To be lieutenant general JOHN M. TRUMPFHELLER, 0000 CHRISTOPHER S. WILSON, 0000 LISA M. TUCKER, 0000 GLENN J. WINCHELL, 0000 MAJ. GEN. RAYMOND T. ODIERNO ZENA A. TUCKER, 0000 MICHAEL F. WINTHROP, 0000 DONALD J. TUMA, 0000 ERIC C. WINTON, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT GREGORY H. TUREAUD, 0000 BRIAN E. WITHROW, 0000 IN THE UNITED STATES ARMY TO THE GRADE INDICATED DANIEL J. TURNER, 0000 THOMAS J. WITTERHOLT, 0000 UNDER TITLE 10, U.S.C., SECTION 624: RUSSELL J. TUTTY, 0000 THOMAS E. WOLCOTT, 0000 To be brigadier general LANELL B. TWIGGS, 0000 JOSEPH L. WOLFER, 0000 THOMAS W. TYSON, 0000 JOHN C. WOMACK, 0000 COLONEL RODNEY O. ANDERSON WILLIAM M. UHLMEYER, 0000 DAVID M. WOOD, 0000 COLONEL STEVEN M. ANDERSON JOHN F. UKLEYA JR., 0000 STEPHEN D. WOOD, 0000 COLONEL JOHN M. BEDNAREK SCOTT G. ULRICH, 0000 TODD K. WOODRICK, 0000 COLONEL MARK A. BELLINI WILLIAM K. UPTMOR, 0000 THOMAS L. WOODS, 0000 COLONEL ROBERT M. BROWN GREGORY N. URTSO, 0000 JOHN G. WORLEY, 0000 COLONEL JOHN F. CAMPBELL DAVID E. UVODICH, 0000 TODD A. WORMS, 0000 COLONEL CHARLES T. CLEVELAND JOHN M. VAIL, 0000 CYNTHIA A. WRIGHT, 0000 COLONEL WALTER L. DAVIS GREG A. VALDEZ, 0000 KURTIS L. WRIGHT, 0000 COLONEL JEFFREY J. DORKO PAUL J. VALENZUELA, 0000 PATRICK W. WRIGHT, 0000 COLONEL MICHAEL FERRITER GREGG D. VANDERLEY, 0000 JOHN D. WROTH, 0000 COLONEL MARK A. GRAHAM SAMUEL B. VANDIVER, 0000 JAMES E. WURZER, 0000 COLONEL DAVID D. HALVERSON DALE J. VANDUSEN, 0000 FRANK D. YANNUZZI JR., 0000 COLONEL JEFFREY C. HORNE JOHN C. VANHOVE, 0000 BRIAN A. YATES, 0000 COLONEL JAMES L. HUGGINS, JR. BRUCE J. VANREMORTEL, 0000 MONIQUE M. YATES, 0000 COLONEL RODNEY L. JOHNSON DAVID A. VANVELDHUIZEN, 0000 DAVID L. YOCKEY, 0000 COLONEL NICKOLAS G. JUSTICE TRACY L. VANZUIDEN, 0000 JEFFREY S. YOCUM, 0000 COLONEL BRIAN A. KELLER MATTHEW L. VENZKE, 0000 PETER L. * YORK, 0000 COLONEL HARVEY T. LANDWERMEYER RUBEN VILLA, 0000 JON E. YOST, 0000 COLONEL SUSAN S. LAWRENCE KURT A. VOGEL, 0000 ANTHONY C. YOUNG, 0000 COLONEL KEVIN A. LEONARD JEANETTE M. VOIGT, 0000 GEORGETTE J. YOUNG, 0000 COLONEL ANNE F. MACDONALD KYLE D. VOIGT, 0000 GREGORY J. YUEN, 0000 COLONEL RICHARD R. MCPHEE FRED N. * WACKYM III, 0000 JAMES P. ZEMOTEL, 0000 COLONEL JAMES M. MILANO MARK I. WADE, 0000 STEPHEN T. ZIADIE, 0000 COLONEL THEODORE C. NICHOLAS JAMES D. WAGNER, 0000 MICHAEL J. ZIGAN, 0000 COLONEL PETER J. PALMER RAYMOND J. WAGNER, 0000 MARK A. ZIMMERHANZEL, 0000 COLONEL WILLIAM N. PHILLIPS ALLAN P. WAITE JR., 0000 MICHAEL J. ZUBER, 0000 COLONEL BELINDA PINCKNEY CURTIS D. WALKER, 0000 COLONEL ERNEST E. PORTER DAVID W. WALKER, 0000 COLONEL RICKEY L. RIFE WILLIAM N. WALKER, 0000 f COLONEL MICHAEL J. TERRY STEPHEN B. WALLER, 0000 COLONEL CHRISTOPHER TUCKER PAUL B. WALSKI, 0000 CONFIRMATIONS COLONEL MICHAEL S. TUCKER ANTHONY W. WANN, 0000 COLONEL ANDREW B. TWOMEY DEAN A. WARD, 0000 Executive nominations fonfirmed by COLONEL MICHAEL J. WALSH JAMES R. * WARD, 0000 COLONEL ROBERT H. WOODS, JR. HERBERT N. WARDEN IV, 0000 the Senate October 8, 2004: COLONEL JAMES C. YARBROUGH JOHN A. WARDEN IV, 0000 IN THE AIR FORCE CHRISTINE M. WASDIN, 0000 IN THE NAVY MICHAEL E. WASHINGTON, 0000 THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED TRACEY L. WATKINS, 0000 STATES OFFICERS FOR APPOINTMENT IN THE RESERVE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PERNELL B. WATSON, 0000 OF THE AIR FORCE TO THE GRADES INDICATED UNDER IN THE UNITED STATES NAVAL RESERVE TO THE GRADE KATHLEEN E. WEATHERSPOON, 0000 TITLE 10, U.S.C., SECTION 12203: INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: ROBERT F. WEAVER II, 0000 JONATHAN D. WEBB, 0000 To be major general To be rear admiral (lower half) GREGORY A. WEBER, 0000 BRIG. GEN. DAVID A. BRUBAKER CAPT. EDWARD T. REIDY III ROBERT B. * WEHNER, 0000 BRIG. GEN. ALAN L. COWLES TERI L. WEIDE, 0000 BRIG. GEN. ALLEN R. DEHNERT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRIAN D. WEIDMANN, 0000 BRIG. GEN. HARRY W. FEUCHT, JR. IN THE UNITED STATES NAVAL RESERVE TO THE GRADE LESTER A. WEILACHER, 0000 BRIG. GEN. CHARLES A. MORGAN III INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: MONTE T. WEILAND, 0000 BRIG. GEN. MARK R. MUSICK To be rear admiral (lower half) STUART N. WEINBERGER, 0000 BRIG. GEN. FRANK PONTELANDOLFO, JR. PATRICK T. WELCH, 0000 BRIG. GEN. ANNETTE L. SOBEL CAPT. GREGORY A. TIMBERLAKE PAUL A. WELCH, 0000 BRIG. GEN. FRANK D. TUTOR RORY D. WELCH, 0000 BRIG. GEN. JOHN M. WHITE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CHRISTOPHER M. WELLBORN, 0000 IN THE UNITED STATES NAVY TO THE GRADE INDICATED ROBERT G. WELLINGTON, 0000 To be brigadier general UNDER TITLE 10, U.S.C., SECTION 624: DAVID L. WENIGER, 0000 JASON S. WERCHAN, 0000 COLONEL MICHAEL G. BRANDT To be rear admiral (lower half) COLONEL HUGH T. BROOMALL DAWN D. WERNER, 0000 CAPT. EDWARD H. DEETS III JOHN F. WERNER, 0000 COLONEL ROBERT B. BUEHLER STEVEN W. WESSBERG, 0000 COLONEL WILLIAM S. BUSBY III THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CHARLES N. WEST, 0000 COLONEL CHARLES M. CAMPBELL IN THE UNITED STATES NAVY TO THE GRADE INDICATED DANE P. WEST, 0000 COLONEL JAMES J. D’AGOSTINO UNDER TITLE 10, U.S.C., SECTION 624: RITCHIE L. WEST, 0000 COLONEL EUGENE J. DELGADO FREDERICK H. WESTON, 0000 COLONEL RICHARD G. ELLIOTT To be rear admiral COLONEL JOHN B. ELLINGTON, JR. SEABORN J. WHATLEY III, 0000 REAR ADM. (LH) ANDREW M. SINGER PAUL A. WHEELESS, 0000 COLONEL STEVEN E. FOSTER AUBREY D. WHITE, 0000 COLONEL DONALD D. HARVEL AIR FORCE NOMINATIONS BEGINNING LAUREN F. * KENT B. WHITE, 0000 COLONEL THOMAS J. HAYNES AASE AND ENDING SUSAN E. * YOUNG, WHICH NOMINA- FRANK A. WHORTON, 0000 COLONEL ALLISON A. HICKEY TIONS WERE RECEIVED BY THE SENATE AND APPEARED RICHARD T. WICKUM, 0000 COLONEL DAVID E. HOLMAN IN THE CONGRESSIONAL RECORD ON MARCH 12, 2004. KENNETH B. WIGGINS, 0000 COLONEL RICHARD D. KING ARMY NOMINATIONS BEGINNING JULIA A. ADAMS AND STEVEN W. WIGGINS, 0000 COLONEL JAMES M. LILLIS ENDING JANET L. WILSON, WHICH NOMINATIONS WERE HENRY T. WILKENS JR., 0000 COLONEL DENNIS W. MENEFEE RECEIVED BY THE SENATE AND APPEARED IN THE CON- BRIAN A. WILKEY, 0000 COLONEL PETER S. PAWLING GRESSIONAL RECORD ON NOVEMBER 17, 2003. BRUCE W. WILLETT, 0000 COLONEL RICHARD J. PROSEK ARMY NOMINATION OF GRAEME J. BOYETT. ANTHONY B. WILLIAMS, 0000 COLONEL DON E. REYNOLDS NAVY NOMINATIONS BEGINNING BLAINE E MOWREY FREDERICK D. WILLIAMS, 0000 COLONEL STEPHEN M. SISCHO AND ENDING VICTORIA A YODER, WHICH NOMINATIONS JAMES B. WILLIAMS, 0000 IN THE ARMY WERE RECEIVED BY THE SENATE AND APPEARED IN THE LYNDON J. WILLIAMS, 0000 CONGRESSIONAL RECORD ON SEPTEMBER 23, 2004. NEICKO C. WILLIAMS, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT NAVY NOMINATIONS BEGINNING JERRIS L BENNETT ROBIN B. WILLIAMS, 0000 IN THE UNITED STATES ARMY TO THE GRADE INDICATED AND ENDING JESSE J ZIMBAUER, WHICH NOMINATIONS STEPHEN C. WILLIAMS, 0000 WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND WERE RECEIVED BY THE SENATE AND APPEARED IN THE JOHNDAVID W. WILLIS, 0000 RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: CONGRESSIONAL RECORD ON SEPTEMBER 23, 2004.

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