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

Vol. 150 WASHINGTON, THURSDAY, JULY 22, 2004 No. 103—Book II Senate DEPARTMENT OF DEFENSE AP- the Democratic convention in Boston. eral Air Marshals Program has never PROPRIATIONS ACT, 2005—CON- The political activities and festivities reached the staffing level deemed nec- FERENCE REPORT—Continued in Boston will also mark the beginning essary to protect the American people Mr. STEVENS. Mr. President, I ask of a tense interlude between the con- in the wake of the September 11 at- unanimous consent that the order for ventions and the November elections, tacks. the quorum call be rescinded. during which the Nation has been told Worse, as commercial air travel re- The ACTING PRESIDENT pro tem- to brace for the possibility of a large- bounds to its highest level since the pore. Without objection, it is so or- scale terrorist attack on the United , the number of dered. States. Federal air marshals is actually declin- Mr. STEVENS. Mr. President, I ask Earlier this month, Homeland Secu- ing, falling 9 percent below the meager unanimous consent that the time allo- rity Secretary Tom Ridge and FBI Di- staffing level that the program was ini- cated to the Senator from Arizona be rector went on national tially able to achieve and far further rescinded. television to warn the American people below the administration’s stated goal. that credible evidence pointed to plans The ACTING PRESIDENT pro tem- As air marshals leave the program, by al-Qaida to launch a large-scale at- pore. Without objection, it is so or- budget constraints prohibit the hiring tack on the United States before the dered. of replacements. The number of air November elections in an effort to dis- Mr. STEVENS. How much time re- marshals continues to dwindle, and the rupt our democratic process. Yet in the mains, Mr. President? number of critical flights they are able weeks since our Nation’s top Homeland The ACTING PRESIDENT pro tem- to cover remains on a steady downward Security officials issued that blunt and pore. Approximately 1 hour 10 minutes. spiral. That is enough to make your alarming warning, the administration Mr. STEVENS. May I inquire if the hair stand on end. Senator from wishes to appears to have buried its head in the use any further time at this time? sand, carrying on with business as At a time when have been Mr. BYRD. Mr. President, if the dis- usual, seemingly oblivious to the gath- told, in the starkest terms possible, tinguished Senator will yield, I will re- ering danger predicted by its own ex- that al-Qaida is moving forward with spond. I do intend to. I would hope that perts. plans to attack our homeland, the ad- the cloakroom would find out if any This morning the Washington Times ministration continues to twiddle its Senators on my side want any time on newspaper published on its front page a thumbs and allow our homeland de- this bill. chilling account of shadowy groups of fenses, including protection of com- Mr. STEVENS. That is the reason I Middle Eastern men carrying out sur- mercial aircraft, to erode. have reserved our time and Senator veillance at airports, probing security While the Bush administration INOUYE reserved his time also. I have measures, conducting what appear to claims progress in the war on terror been notified of no Senator on my side be dry runs on our aircraft. The reports and asserts that it is making the Na- who wishes to use part of my time. I are anecdotal, but regardless of wheth- tion safer, the facts belie the rhetoric. don’t know about the Senator from Ha- er the article turns out to be accurate The assertions are hollow. The admin- waii. He indicates he has had no re- or merely an example of scare- istration has consistently put home- quests. mongering, it raises serious questions land security on the back burner. At It appears Senator BYRD would be the and underscores serious flaws in the the prodding of Congress, the adminis- last person to make a statement. administration’s preparedness to re- tration grudgingly created the Cabinet- I yield the floor. spond to another terrorist attack on level Department of Homeland Secu- The ACTING PRESIDENT pro tem- the United States. rity. Senator STEVENS and I wrote lan- pore. The Senator from West Virginia. Following the tragic events of Sep- guage into appropriation bills pro- Mr. BYRD. I thank the Chair. tember 11, protecting the Nation’s viding that the head of Homeland Secu- Mr. President, I speak, in part, on an- commercial aircraft became the top rity would require confirmation. No, other matter, but basically with ref- antiterrorism priority of the Federal the administration didn’t want to send erence to the Homeland Security ap- Government in this country. The ad- Mr. Ridge up before the Appropriations propriations bill. I would hope to title ministration established a firm goal Committee until Senator STEVENS and my remarks at this point ‘‘Homeland for the number of Federal air marshals I joined in writing that language. Since Insecurity.’’ so that a high percentage of critical the creation of this Department, the In a mere matter of days, we will of- flights could be protected. The exact administration has failed to provide ficially kick off the 2004 Presidential number of air marshals is classified. the Department with the resources election season, with the convening of However, it is no secret that the Fed- needed to make Americans safer.

∑ 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 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8618 CONGRESSIONAL RECORD — SENATE July 22, 2004 The Senate, I am sorry to say, is Now, if that isn’t enough to make the Mr. BIDEN. Mr. President, today, the somewhat complicit in the administra- hair curl, I would like to know what we 9/11 Commission released its report and tion’s negligence. The Senate has need to make it curl. the Commission Chairman, Thomas H. danced right along to the White House Unlike the billions upon billions of Kearn, said that an attack ‘‘of even tune. As Brutus said, in scolding Cicero dollars in funding that the President greater magnitude is possible—even for attempting to toady up to Antony: has demanded from Congress to fight probable.’’ In fact, intelligence assess- Our ancestors would have scorned even a his war in Iraq, he has been strangely ments have long warned that al-Qaida gentle master. silent on the need to appropriate home- is seeking weapons of mass destruction Although the Senate Appropriations land security funding to better protect to use against Americans in the United Committee passed the Homeland Secu- you, Senators, you, the American peo- States. rity bill more than a month ago, it has ple at home. The 9/11 Commission specifically rec- been languishing—now get this. Let me In the wake of the most recent ter- ommended today: ‘‘Support the Cooper- say that again. Hear me. Although the rorist alert, one would think—wouldn’t ative Threat Reduction Program’’ and Senate Appropriations Committee one think—that the President of the went on to state that it ‘‘is now in need passed the Homeland Security appro- United States would have called on of expansion, improvement, and re- priations bill more than a month ago, Congress to provide supplemental fund- sources.’’ Yet the conference report be- that bill has been languishing on the ing for new measures to thwart the fore us today includes a rescission in- shelf since then and has yet to see the threat from al-Qaida? Wouldn’t one sisted upon by the other body of $50 light of day on the Senate floor. think that? million in fiscal year 2003 funding for That is the bill making appropria- There are so many weak links in our cooperative threat reduction programs. tions for homeland security. That is homeland security network for which In other words, although this bill ap- the bill for your protection, may I say added resources could be a true life- propriates $409 million for these pro- to the people who are watching this saver. The country needs additional grams in fiscal year 2005, 12 percent of Senate through those electronic lenses. funds to secure our mass transit sys- that amount from prior appropriations It is your protection, your security, tems, to increase the inspection of air is being taken away. I think that is a your children’s protection, your prop- and ship cargo containers, and, yes, to huge mistake. erty, your community. And yet that increase the number of Federal air These programs, known as ‘‘Nunn- bill has been languishing, where? On marshals. Lugar’’ programs after former Senator the shelf since then and has yet to see Yet the White House is doing nothing Sam Nunn and the current distin- the light of day on this Senate floor. in this regard—nothing, nothing—to guished chairman of the Foreign Rela- For some reason which I cannot di- press Congress to move on this Home- tions Committee, Senator LUGAR, as- vine, this do-nothing Senate—hear land Security appropriations bill be- sist countries of the former Soviet me—for some reason which I cannot di- fore we close the doors and go home. Union in the safe and secure transpor- vine, this do-nothing Senate, under the If the reports of pilots and flight at- tation, storage and dismantlement of Senate Republican leadership, has bot- tendants and air marshals cited in the nuclear weapons and nuclear and chem- tled up the Homeland Security bill, re- Washington Times article are accurate, ical materials, as well as preventing fusing to allow the Senate to debate it our Nation’s aircraft may be under a the diversion of nuclear materials or and pass it and send it to the President renewed threat of attack. If the ‘‘cred- equipment. So, we have just cut fund- of the United States. ible evidence’’ cited by the Secretary ing for programs that will help keep Here we are, the Senate is about to of Homeland Security and the Director nuclear weapons out of the hands of go out for 45 days, and what about your of the FBI is accurate, then the United terrorists. safety out there? What about the safe- States is entering an extremely—ex- There has been some confusion about ty of the American people? What about tremely—dangerous period. And if the the impact of this cut. The official at the safety of the communities of this chairman of the so-called 9/11 Commis- the Defense Department charges with country? What about the safety of the sion was correct in the assessments he administering these programs believes children who attend the schools of this made today—I believe he was—then the that she will be able to move funds country? What about them? Are they United States must face up to the mis- around sufficiently to prevent the can- going to have to wait 45 days before takes it made in the past and to the cellation of any programs, this time. I this bill making appropriations for probability of another terrorist attack hope she is right. homeland defense is to even be called of even greater magnitude than that The cooperative threat reduction up and debated in this Senate? Yes. We which shook the Nation on September programs are notorious for how slowly are going to go home. We are going to 11, 2001. the money is obligated. That is not be- go home and leave those people unpro- Yet the White House is doing nothing cause the programs are unneeded, or tected insofar as new moneys are con- in this regard. By pretending that because federal employees are not cerned for the Department of Home- funding for homeland security can doing their jobs. Rather, pay-outs are land Security. wait, and by refusing to acknowledge slow because cooperation from the Fie on the administration that would that additional resources are needed to countries concerned and various statu- treat the American people so cava- protect the Nation, the administration tory certifications are required before lierly. Here is a bill that has been wait- is callously playing fast and loose with the funds can be used. ing. This is not Senator STEVENS’ fault. the safety of the American people. This fact makes the program a His Appropriations Committee, of I hope and I pray that America re- tempting target for those looking for a which I am the ranking member, has mains safe over the coming months. I pot of money to raid. But such critical reported out this bill days and days hope and pray that the reporting is programs must not be looked at as ago. We should have taken that bill up wrong. I hope and pray that the evi- ‘‘bill payers’’ for other defense needs. and passed it. Where is it now? It is dence collected by our homeland secu- Neither should we view cooperative bottled up, and there are no chances— rity experts is off the mark. I hope and threat reduction programs as ‘‘foreign none—of calling this appropriations pray that the political conventions will aid.’’ That red herring must be put to bill up before we go home for a 45-day be the scenes of nothing more sinister rest. As former Defense Secretary Bill recess. Go home. Go home. And yet than elbowing for a better view of the Perry used to say, CTR is ‘‘defense by amidst all of this, this administration platform. Above all, I hope and pray other means.’’ There is no more press- has been issuing dire warnings about that the administration will come to ing national security need than to se- al-Qaida and what may happen in this its senses, drop its pretension that all cure the sources of weapons of mass de- country in the meantime, and particu- is well with homeland security, and struction and keep them out of the larly during a time when the American provide the financial resources re- hands of terrorists. people are going through the demo- quired to truly protect the American I want to put the House on notice cratic processes of nominating a Presi- people at home. today that I will vigorously oppose fur- dent and Vice President of the United Mr. President, I reserve the remain- ther cuts in these programs. And States. der of my time and yield the floor. should any deobligation of funds be

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8619 necessary because of this cut, I will cause the majority’s leadership has re- continue to meet our obligations to urge the President and the Secretary of fused to restore a strong paygo rule support service members in the fight Defense to reprogram funds to prevent that applies to both tax cuts and against terror. The conference report the cancellation of programs and con- spending, the Senate has been unable includes many critical funding provi- tracts. to get an agreement on a budget. De- sions to which I lend strong support, We have no greater responsibility spite the record deficits we now face, such as the funding to increase Army than to protect our Nation from an at- the majority and the Bush administra- end strength by 20,000 soldiers. Unfor- tack with weapons of mass destruction tion are still fixated on passing more tunately, although not surprisingly, and I, for one, will not stand for this and more unpaid-for tax cuts. The Bush the conference report also includes a critical program to be chipped away administration’s fiscally irresponsible large number of unauthorized and until it becomes ineffective. leadership is driving our nation’s fi- unrequested provisions. Mr. CONRAD. Mr. President, today I nances right off the cliff—and at the While I appreciate the hard work and want to discuss the Defense Appropria- worst possible time, on the brink of the the laudable intentions of the members tions conference report. I want to say retirement of the baby boom genera- of the Appropriations Committee, the upfront this legislation is extremely tion. number of earmarks contained in this important. At a time when our soldiers I mentioned that there was no debate conference report is alarming. This are still in harm’s way in Iraq, Afghan- on this deeming language. Governing conference report and accompanying istan, and around the world, this legis- this way is bound to lead to mistakes. statement of the managers contains lation provides resources they need. In drafting this deeming language, the close to 2,000 earmarks totaling $8.9 This bill is all the more important majority has left out the firewall pro- billion in Member adds. With Americans deployed across the because costs of war in Iraq are spi- visions that guarantee that the gas tax globe fighting terror, and with looming raling upward. The GAO has just re- contributions of our Nation’s motorists ported that there is a shortfall of over budget deficits at home, the Congress will be used to finance the Nation’s faces some tough choices. We must find $12 billion in funding for war costs for highway and mass transit. We have had a way to uphold our fiscal responsi- fiscal year 2004. This is on top of the $87 highway and mass transit firewalls in bility while fully providing for our billion supplemental that we passed place for the last 6 years to ensure that military needs. The costs that go along last year. This year’s Defense Appro- funding for those programs is not di- with the conflicts in Afghanistan and priations bill makes $25 billion in verted to other areas. But now, under Iraq demand now, more than ever, a emergency reserve funding for war this deeming language, the firewalls new fiscal sanity in approaching our costs available immediately, helping to will be eliminated and those highway appropriations bills. A half-a-trillion cover this shortfall and ensure that our and mass transit funds could be pil- dollar budget deficit means we simply troops have what they need in Iraq. fered to cover shortfalls in other areas cannot afford business as usual. We It is important to note that much of the budget. I think this is a signifi- simply cannot continue the binge of more is likely to be needed in 2005. CBO cant mistake—a horrible precedent to pork barrel spending that consumes an recently estimated that military oper- set in advance of a highway reauthor- ever growing proportion of our Federal ations in 2005 could cost $55–$60 billion. ization bill. budget. While the cost of an individual These estimates demonstrate that the As I said earlier, the funding for our project may get lost in the fine print of Bush administration has failed to troops contained in this bill is very im- lengthy bills, together, they all do real budget properly for the war in Iraq and portant. But I want to be clear how dis- damage. Collectively, these earmarks continues to understate the likely cost appointed I am in the way the majority significantly burden American tax- of these operations. is operating here and in the way they, payers. While this Defense conference report along with the Bush administration, Not surprisingly, along with the is extremely important, I want to are dangerously undermining our Na- growth in deficit spending over the make clear that I am deeply dis- tion’s fiscal and economic security. past few years, there has also been a appointed with the budget provisions Mr. MCCAIN. Mr. President, today we significant growth in earmarks and that were added to this conference re- are considering the conference report pork barrel spending. In fact, according port behind closed doors by the major- for the fiscal year 2005 Defense appro- to information compiled by the Con- ity, without any debate in the House or priations act. While I recognize the im- gressional Research Service, CRS, the Senate. In what I believe is an unprece- portance of passing this legislation total number of earmarks has grown dented move, the majority has inserted prior to the upcoming recess, I am once from 4,126 in fiscal year 1994 to 14,040 in deeming language into this defense again disappointed that we are acting fiscal year 2004. That is an increase of conference report—setting the overall on the appropriations measure prior to 240 percent in 10 years. In dollar terms, fiscal year 2005 discretionary spending enactment of the Defense Authoriza- the earmarking has risen from $26.6 bil- level at $821 billion. This deeming lan- tion Act. lion to $47.9 billion over the same pe- guage should have been debated in the The responsibilities of authorizers riod. Senate. It is entirely inappropriate to and appropriators are expected to be Based on the calculations of my of- add this language outside the scope of distinct. The Defense Authorization fice, the fiscal year 2002 Defense appro- conference without any debate by the Act lays out the blueprint for the poli- priations act contained $3.7 billion in Senate or by the Budget Committee. cies and funding levels for the Depart- pork. The conference report on the fis- Clearly it was added because the ma- ment of Defense and its programs. The cal year 2003 Defense appropriations jority knows that members of the Sen- role of the Appropriations Committee act contained $8.1 billion in pork. The ate will not want to oppose a defense is to allocate funding based on policies fiscal year 2004 Senate-passed Defense bill while our troops are in harm’s way. provided by authorizations bills. In re- appropriations act contained well over This is no way to govern. It sets a ality, the appropriators’ function, how- $4 billion in pork. This year $8.9 billion terrible precedent. Since a conference ever, has expanded dramatically, and was added in the conference report and report is not amendable, the majority the Appropriations Committee now en- the statement of the managers, which is effectively stifling the ability of the gages in significant policy decision is more than twice the number in last Senate to fully debate and amend the making and micromanagement, largely year’s Senate-passed version of the leg- deeming language. But that seems to usurping the role of the authorizing islation. This is real money. Every be the point here. The majority does committees. I remain hopeful that we year, countless important military and not want to give the Senate the oppor- will complete action on the Defense au- domestic programs go unfunded or un- tunity to fully debate and amend this thorization act when we return in Sep- derfunded. I find it hard to understand language. tember in order to provide further clar- why we can find the money to pay for We wouldn’t be in this position if the ification of congressional intent to the member add-ons, but then have to bat- majority had passed a budget resolu- Department of Defense. tle to fund concurrent receipt or the tion this year. That is where the over- In the meantime, enactment of the survivor benefit plan. all spending and revenue amounts are Defense appropriations legislation is The Joint Chiefs provided a list of supposed to be determined. Yet, be- very important, and it will enable us to critical requirements above what was

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8620 CONGRESSIONAL RECORD — SENATE July 22, 2004 provided for in the President’s budget the amount of corrosion throughout $2 million for the Air Battle Captain pro- request. That list totaled nearly $18 the KC–135 fleet and the KC–135’s oper- gram at the University of North Dakota. billion for fiscal year 2005. I believe ation and support cost growth. It also This provision sends students from West that if we have the resources, we Point to North Dakota for their flight les- found that the KC–135E can fly to 2040. sons. Instead of letting flight schools com- should do all we can to provide addi- In other words, the ‘dominating ration- pete for the ability to train these cadets, we tional defense funding for items and ale’ cited by the Air Force to Congress have earmarked their training to North Da- programs which the Joint Chiefs need. for having taxpayers pay billions of kota. We are putting parochial interests over But instead, we routinely fund pro- dollars more for leasing Boeing’s KC– the necessity to provide the best training grams just because they are important 767A tankers than they would for buy- possible for the best price to our Army ca- to a particular state or district rep- ing them outright, has been conclu- dets. resented by a powerful Member of Con- sively shown to be without merit. The $4.2 million for the LISA inspector. This sounds very interesting. gress. I find this practice to be a dis- Air Force’s representations on this $3.4 million dollars for Project Albert. Hey service to our military men and issue remains a matter of continuing Hey Hey! Seems like Albert could get pretty women, as well as to all American tax- investigative concern. The likelihood fat off all the pork in this bill. payers. that the analysis of alternatives, AOA, $2.8 million for the C–135 Improved Waste Once again, the appropriators’ addic- and mobility capabilities study, MCS, Removal System. We need to improve the tion to tanker recapitalization is too way we remove waste from this bill. Maybe if done properly, will recommend an combined with the Deep Digger, we can find great for any amount of medication. acquisition method for these tankers The whole tanker love affair reads like a way. now known to be wholly unsuitable I use humor in describing some of a bad novel. It is very suspect that the here, is probably minimal. So the Sec- Appropriations Committee added $100 these earmarks, but the damage they retary’s decision appears fatal to at do is deadly serious. They pull money million in this conference report under least the lease component of the pro- the heading ‘‘Tanker Replacement away from legitimate funding prior- posal. ities and they waste taxpayer dollars. Transfer Fund.’’ Fortunately, the Sen- I look forward to seeing the language ate provision prevailed and Chairman Each year, many of the same earmarks in the fiscal year 2005 Defense appro- appear in appropriations legislation, Stevens, as he publicly stated he would priations act reconciled with the fiscal do, did not allow the House earmark and each year I come to the floor and year 2005 National Defense Authoriza- point them out to my colleagues. Some for Boeing 767 tankers to carry through tion Act, which remains in conference. conference. On that point, the Tanker of the appropriators’ perennial favorite The language in the Senate version of projects include: Replacement Fund is muted. Only the the Defense authorization bill is valu- report language makes reference to the $4.3 million for the Smart Truck. This pro- able in that for the first time, it will vision, which directly lines the pockets of ‘‘current tanker replacement program inject much needed sunlight on a pro- the auto industry in Detroit, is not exactly of record’’—that program, undisput gram whose development has been smart. edly, is the KC–X program which is in largely insulated from public scrutiny. $7.5 million for the 21st Century Truck. the Air Force’s Future Years Defense The tanker provision in the authoriza- This program has been around for years and Program. tion bill ensures that any effort by the not once has the Department of Defense re- quested funding for it. While I’m sure we all Over the past 3 years, I have spoken Air Force to replace its fleet of tankers at length on the Senate floor on the would love to jump into a truck that could is done responsibly, as is the case with be in a James Bond movie, I’m not sure it is Boeing 767 tanker lease—it is difficult most defense programs, however, that appropriate for the Department of Defense to to understand why we are still debat- has not been the case so far. We should pay for it. ing a tanker program when no money expect no less from the Air Force. $5.6 million for the New England Manufac- has been included in the President’s de- Let me briefly highlight just some of turing Supply Chain. This is above and be- fense budget submitted to Congress. the egregious examples of pork con- yond the $14 million for this project already Further, the Senate Armed Services earmarked over the last two years. tained either in the conference report $33.9 million for the Maui Space Surveil- Committee did not authorize any fund- or the statement of managers for FY lance System. Why should we provide $44 ing for tanker recapitalization for fis- 2005: million for this system, when there are many cal year 2005. The Chief of Staff of the $3.5 million sleep deprivation research. observatories in the United States, such as Air Force, General John P. Jumper, Last night, my staff was here late into the the Lowell Observatory in Arizona, that al- USAF, did not request advance pro- night, conducting tests in sleep deprivation, ready offers many of the same benefits as the curement for tanker replacement in his as they compiled the seventy-plus pages of Maui site? ‘‘Fiscal Year 2005 Unfunded Priority pork found in the joint explanatory state- $1 million for the Brown Tree Snakes. Once ment. The results: they are tired. again, the brown tree snake has slithered its List,’’ totaling nearly $4 billion, which way into our defense appropriation bill. I’m he submitted to Congress in March $3.4 million for USMC Hitchhiker. Back in my day, you could give a Marine a ride for sure the snakes are a serious problem, but a 2005. The reason is simple—tanker re- free. defense appropriations act is not the appro- placement money is not needed now. $1 million for the Deep Digger. priate vehicle to address this issue. However, the appetite for this scandal- $1 million for repair to the Biathlon Trail There are many earmarks that fun- riddled program is too great, despite at Fort Richardson, Alaska. nel dollars to worthy programs—such the unethical acts of serious mis- $ million to restore the Woody Island and as breast cancer research, but there is conduct by Air Force officials and the its historic structures. $110 million for the Advanced Procurement no compelling national defense reason firing of several senior Boeing officers, of F–15s. The air Force has decided to pro- for these items to be on this piece of including the very top of the corpora- cure the F–22 to replace the F–15. Yet this legislation. This type of critical re- tion. It is hard to comprehend why the earmark keeps the F–15 production line search should be funded through the appropriators continue to put tanker open, so I question the necessity of the F–22 Labor/HHS appropriations bill. Our sol- recapitalization ahead of greater prior- procurement in the numbers of aircraft and diers and sailors need to be provided ities for our servicemen and women. at the funding levels requested by the Air with the best equipment, housing, and Having said this, I congratulate the Force. Apparently we just decided to pay for support possible. Scarce defense dollars appropriators for considering the re- both. $1.9 million, for the Lewis and Clark Bicen- should be used for these defense pur- cent Report of the Defense Science tennial celebration. You don’t need to have poses, not others. Board Task Force on Aerial Refueling the exploration skills of Lewis and Clark to Once again, the appropriations ear- Requirements. Critically, the Defense see that this is a path to higher deficits. marks in this defense conference report Science Board task force found there is $1 million for the Center for Optical Logic are funneled primarily in to the home no compelling material or financial Devices. I am the first one who would pay for States of those Members who sit on the reason to initiate a replacement pro- logic if we could insert some into our polit- Appropriations Committee. If you look gram prior to the completion of the ical process, but this earmark won’t do it. at the plus-ups in the Counter-Drug $7.7 million for the Chameleon Miniatur- Analysis of Alternatives, AoA, and the ized Wireless System. Chameleons change Activities the earmarking becomes Mobility Capabilities Study, MCS.’ colors; but one thing does not change is the clear. Plus-ups are included for the fol- Moreover the task force observed that unrequested provisions in appropriations lowing States: Florida, Indiana, Ten- the Air Force greatly overstated both bills. nessee, Alaska, Hawaii, West Virginia,

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8621 Kentucky, Nevada, New Mexico. All of are transferred to pay for the roads in facing a labor shortage because of this these states, I repeat, all of these donee states. cap will continue to suffer. States have Members on the Appropria- With the adoption of this new provi- I wish it were not necessary for me to tions Committee in either the House or sion that has been retained in the come to the Senate floor with every ap- Senate. I find it hard to believe that pending conference report, 23 States propriations bill to criticize the only States represented by appropri- plus the District of Columbia, the ma- amount of unrequested spending in the ators have drug problems. jority of which are already donee legislation. I do so because I believe it I could go on and on listing examples States and receiving more funding than is critical for American taxpayers to of pork in this legislation. We would they contribute, will now receive even understand where the money from fulfill our objectives better if we reas- more money to pay for earmarked their pockets is really going. I urge my sessed our spending priorities. projects included in the Omnibus. colleagues to stop ‘‘porking up’’ our ap- This year’s conference report also in- Again, this funding is in addition to propriations bills. In a time of huge cludes a number of ‘‘Buy America’’ pro- the funding distributed by formula. spending deficits and scarce dollars, it visions. For example, it prevents the While the appropriators are taking ac- is long past time to stop feeding at the foreign purchase of welded shipboard tion to ensure their earmarks are fund- rough. We can do better. anchor and mooring chain four inches ed outside the formula, 27 States, the Mr. NICKLES. Mr. President, the in diameter and under. Another provi- majority of which are donor States and conference report to accompany H.R. sion ensures, that all carbon, alloy or already subsidizing other States’ high- 4613, the Department of Defense appro- steel plates are produced in the United ways, will get no benefit, thereby exas- priations bill for fiscal year 2005, pro- States. Whew. I know we will sleep bet- perating highway funding inequity. vides $391.170 billion in budget author- ter at night knowing that all of our While it doesn’t surprise me that the ity and $416.011 billion in outlays in fis- carbon plates are manufactured in the appropriators found a vehicle for their cal year 2005 for the Department of De- U.S. Yet another section prohibits the provision; it does surprise me that they fense. Of these totals, $239 million is Department of Defense from pur- would act in such an orchestrated man- for mandatory programs in fiscal year chasing supercomputers from a foreign ner when they knew fully their efforts 2005. source. faced opposition if done so in what The bill further provides $28.2 billion I continue to be very concerned most of us consider to be regular order, in budget authority in fiscal year 2004 about the potential impact on readi- whereby objectionable amendments are designated as emergency requirements. ness of our restrictive trade policies not added just because they are sup- Of this total $26.8 billion is for defense with our allies. Every year, Buy Amer- ported by the bill managers. One of the purposes and $1.3 billion is for non-de- ica restrictions cost the Department of many Senatorial courtesies we all hold fense purposes. Defense and the American taxpayers dear is that we usually can take Mem- The fiscal year 2004 emergency funds over $5.5 billion. From a philosophical bers at their word and that their rights for defense include $25 billion in sup- point of view, I oppose these types of will not be ignored simply for political plemental appropriations for on-going protectionist policies, and from an eco- expediency. Sadly, that was not the operations in Iraq and Afghanistan. nomic point of view they are ludicrous. case with the adoption of this provi- While the President requested these Free trade is both an important ele- sion. funds for fiscal year 2005, the con- ment in improving relations among na- The ongoing conference on the high- ference report makes these funds avail- tions and essential to economic way reauthorization bill is on life-sup- able on enactment. The conference re- growth. From a practical standpoint, port. If the House, Senate, and admin- port also includes a repeal of a $1.8 bil- Buy America restrictions could seri- istration can reach an agreement on an lion defense rescission enacted in the ously impair our ability to compete overall funding level, I will certainly 2004 Omnibus Appropriations bill, P.L. freely in international markets and do all that I can as a conferee to ensure 108–199—in effect appropriating a new also could result in the loss of existing that earmarks are counted towards $1.8 billion for defense. In total, the business from long-standing trade part- each State’s formula distribution. It is $26.8 billion in fiscal year 2004 emer- ners. Not to mention that procurement only fair that we ensure that once a gency defense budget authority gen- policy determined in the Defense au- formula is determined; a formula that I erates $19.3 billion in outlays in fiscal thorization bill, not in the appropria- am confident will still include donors year 2005. tions bill. and donees, that earmarks are not per- The bill provides $500 million for I also want to comment briefly about mitted to further shortchange donor wildland fire suppression for 2004. a provision contained in this Defense States’ highway funding. These funds are consistent with appropriations conference report that I also want to point out that buried amounts assumed in the 2005 budget is entirely unrelated to funding our na- at the end of the bill text is a legisla- resolution. The conference report also tional defense needs. tive rider that changes our immigra- includes the following non-defense A so-called ‘‘technical amendment’’ tion laws. This provision carves out funds: $685 million for the Iraq embassy was added to the Senate measure at workers in the fish roe processing in- and diplomatic security expenses; $50 the surprise of a number of us who dustry from numerical limitations million for convention security in New have been on record for opposing such under the H–2B visa program. While I York City and Boston; and $95 million a provision when efforts were made to will be the first to testify to the need for Sudan humanitarian assistance. add it to other legislative measures. to reform our immigration system, and The bill provides total discretionary Despite the fact that a member of my have done so repeatedly, we should not budget authority in fiscal year 2005, in- staff was on the floor during the debate begin to do it on the Defense Appro- cluding emergencies, of $390.931 billion. on the Defense appropriations bill and priations bill by giving a benefit to one This amount is $1.684 billion less than we had been assured the opportunity to small segment of the fishing industry. the President’s request and equal to review all amendments prior to their This is not the way to legislate. the 302(b) allocations adopted by the adoption, one amendment was suddenly There are severe problems with our H– House of Representatives. This amount accepted without the review or concur- 2B visas. We reached the numerical cap is $68.4 billion less than fiscal year 2004 rence of myself or my staff. That on visas early this year and dependent enacted levels when supplemental ap- amendment rewrites the Fiscal Year industries are now struggling to hire propriations are included. When supple- 2004 Omnibus Appropriations bill to the labor they need to operate. The H– mental appropriations are not included allow for 23—States plus the District of 2B is just one example of our flawed the conference report provides $20.8 bil- Columbia, to receive over $300 million immigration system; yet carving out a lion more than last year’s enacted in additional funding for highway fix for parochial interests; without ad- level. project earmarks. Of course, this dressing the overall problem is short- The conference report also provides a project funding is on top of the funding sighted. While owners of fish roe proc- 2005 302(a) allocation to the Senate Ap- they already receive under what many essing facilities benefit from the help propriations Committee. This will en- of us consider to be an unfair formula powerful members of the Appropria- sure that adequate enforcement tools whereby the gas taxes of donor states tions Committee, every other industry- are available as the Senate considers

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8622 CONGRESSIONAL RECORD — SENATE July 22, 2004 the remaining appropriation bills. The Mr. President, if the distinguished The PRESIDING OFFICER. Are there allocation in the conference report is chairman of the committee will allow a any other Senators in the Chamber de- consistent with the levels envisioned in 5-minute quorum call, we think we will siring to vote? S. Con. Res. 95, the Concurrent Resolu- have this matter worked out very The result was announced—yeas 96, tion on the Budget for fiscal year 2005. quickly. nays 0, as follows: I commend the distinguished chair- Mr. STEVENS. I withdraw my re- [Rollcall Vote No. 163 Leg.] man of the Appropriations Committee quest and concur and suggest the ab- YEAS—96 for bringing this legislation before the sence of a quorum. Akaka DeWine Lott Senate, and I ask unanimous consent The PRESIDING OFFICER. The Alexander Dodd Lugar that a table displaying the Budget clerk will call the roll. Allard Dole McCain Committee scoring of the bill be in- Allen Domenici McConnell The assistant legislative clerk pro- Baucus Dorgan Mikulski serted in the RECORD. ceeded to call the roll. Bayh Durbin Miller There being no objection, the mate- Mr. REID. Mr. President, I ask unan- Bennett Ensign Murkowski rial was ordered to be printed in the imous consent that the order for the Biden Enzi Murray RECORD, as follows: Bingaman Feingold Nelson (FL) quorum call be rescinded. Bond Feinstein Nelson (NE) The PRESIDING OFFICER. Without Boxer Fitzgerald Nickles H.R. 4613, 2005 DEFENSE APPROPRIATIONS.—SPENDING objection, it is so ordered. Breaux Frist Pryor COMPARISONS—CONFERENCE REPORT Mr. REID. Mr. President, I direct this Brownback Graham (SC) Reed [Fiscal Year 2005, $ millions] Bunning Grassley Reid question to the distinguished Senator Burns Gregg Roberts General from Alaska, the chairman of the com- Byrd Hagel Rockefeller Purpose Mandatory Total mittee, who has worked so hard on this Campbell Hatch Santorum Cantwell Hollings Sarbanes Conference report: 1 bill. Would he and Senator BYRD allow Carper Hutchison Schumer Budget authority ...... 390,931 239 391,170 the vote to begin at 7:15? Chafee Inhofe Sessions Outlays ...... 415,772 239 416,011 Chambliss Inouye Shelby House 302(b) allocation: 2 Mr. STEVENS. Mr. President, I am Budget authority ...... 390,931 239 391,170 very willing to enter into such an Clinton Jeffords Smith Outlays ...... 415,987 239 416,226 Cochran Johnson Snowe 2004 Enacted: agreement. Have the yeas and nays Coleman Kennedy Specter Budget authority ...... 459,374 226 459,600 been requested? Collins Kohl Stabenow Outlays ...... 424,429 226 424,655 Conrad Kyl Stevens President’s request: The PRESIDING OFFICER. No, they Budget authority ...... 392,615 239 392,854 have not. Cornyn Landrieu Sununu Outlays ...... 418,639 239 418,878 Corzine Lautenberg Talent House-passed bill: Mr. STEVENS. I request the yeas and Craig Leahy Thomas Budget authority ...... 390,931 239 391,170 nays on final passage, when that oc- Crapo Levin Voinovich Outlays ...... 415,594 239 415,833 curs. I ask unanimous consent that the Daschle Lieberman Warner Senate-passed bill: Dayton Lincoln Wyden Budget authority ...... 383,773 239 384,012 rollcall commence at 7:15. Outlays ...... 401,566 239 401,805 The PRESIDING OFFICER. Is there a NOT VOTING—4 CONFERENCE REPORT Edwards Harkin COMPARED TO sufficient second? Graham (FL) Kerry Senate 302(b) allocation: There appears to be a sufficient sec- Budget authority...... 0 0 0 ond. The conference report was agreed to. Outlays ...... ¥215 0 ¥215 2004 Enacted: The yeas and nays were ordered. Mr. STEVENS. I move to reconsider Budget authority ...... ¥68,443 13 ¥68,430 The PRESIDING OFFICER. Is there the vote, and I move to lay that mo- Outlays ...... ¥8,657 13 ¥8,644 President’s request: objection to the unanimous consent re- tion on the table. Budget authority ...... ¥1,684 0 ¥1,684 quest? The motion to lay on the table is Outlays ...... ¥2,867 0 ¥2,867 House-passed bill: Without objection, it is so ordered. agreed to. Budget authority...... 0 0 0 The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- Outlays ...... 178 0 178 Senate-passed bill: ator from Nevada. ator from Alaska. Budget authority ...... 7,158 0 7,158 Mr. REID. I ask the distinguished Mr. STEVENS. Mr. President, I in- Outlays ...... 14,206 0 14,206 serted in the RECORD the name of staff Senator from , Mr. GRASSLEY—we 1 In addition to the amounts shown above, the bill includes $19.902 bil- members who worked on this bill. I lion in emergency outlays in 2005 flowing from the $27.656 billion emer- have about 4 minutes until the vote oc- gency supplemental included in Titles IX and X of H.R. 4613 for 2004. The curs. Would he like to speak for that compliment them. I need a round of ap- bill also contains $500 million BA and $340 million outlays in 2004 for plause for the staff. This is record time wildland fire suppression. period of time? 2 This table compares Senate action to the House 302(b) allocation for in- Mr. GRASSLEY. Yes. for this bill. It is a very good bill. It is formation purposes only, not for budget enforcement purposes. The House essential. Emergency funds will be has deemed 302(b) allocations for 2005 based on the 302(a) appropriations Mr. REID. I ask unanimous consent allocation set out in the conference agreement on S. Con. Res. 95, the 2005 that the Senator from Iowa be recog- available as soon as the President signs budget resolution, which the House has passed. nized until 7:15, when the vote occurs. it. Note.—Details may not add to totals due to rounding. Totals adjusted for I thank all Senators for their co- consistency with scorekeeping conventions. The PRESIDING OFFICER. Without objection, it is so ordered. operation today to get this bill passed The PRESIDING OFFICER (Mr. The Senator from Iowa is recognized before we go home for recess. ENZI). The Senator from Alaska. f Mr. STEVENS. Mr. President, may I until 7:15. address a question to my colleague Mr. GRASSLEY. I thank the Chair. MORNING BUSINESS (The remarks of Mr. GRASSLEY per- from West Virginia? Mr. MCCONNELL. Mr. President, I There are no more requests for time. taining to the introduction of S. 2762 ask unanimous consent there now be a We are prepared to yield back the re- are located in today’s RECORD under period for morning business with Sen- mainder of our time and go to a vote. ‘‘Statements on Introduced Bills and ators permitted to speak for up to 10 Is the Senator from West Virginia pre- Joint Resolutions.’’) minutes each. pared to yield back the remainder of The PRESIDING OFFICER. The hour The PRESIDING OFFICER. Without his time? of 7:15 has arrived. The question is on objection, it is so ordered. Mr. BYRD. Yes. agreeing to the conference report to ac- The Senator from . company H.R. 4613. The yeas and nays Mr. STEVENS. Mr. President, not f having had any other requests for time, have been requested. I ask that all time remaining be re- The clerk will call the roll. THE 9/11 COMMISSION REPORT AND scinded. The assistant legislative clerk called THE STATUS OF INTELLIGENCE Mr. REID. Reserving the right to ob- the roll. IN THE UNITED STATES ject. Mr. REID. I announce that the Sen- Mr. SPECTER. Mr. President, I have Mr. STEVENS. I withdraw that re- ator from North Carolina (Mr. sought recognition to discuss briefly quest. EDWARDS), the Senator from Florida the 9/11 Commission report and to com- Mr. REID. If the Senator will allow (Mr. GRAHAM), the Senator from Iowa ment on the status of intelligence in us the opportunity, we have some peo- (Mr. HARKIN), and the Senator from the United States. ple who are not expecting the vote to Massachusetts (Mr. KERRY) are nec- In a context where we have been put occur right now. essarily absent. on notice by the Director of the FBI

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8623 and the Secretary of Homeland Secu- there ought to be a special session. I whether the United States made the rity that we may expect an attack by repeat that in cosponsoring legislation right judgment on going to war with al-Qaida on U.S. soil some time be- to encompass the 9/11 Commission re- Iraq. tween now and the election, it is of ut- port, it is not in total agreement with The action on going to war with Iraq, most importance we move ahead to put all of the provisions. I have reserva- I submit, cannot appropriately be under a single umbrella all of the intel- tions as to whether it is appropriate to judged by 20/20 hindsight. Based on the ligence agencies in the United States. designate a Director as opposed to a facts at hand, when the Senate voted, The 9/11 Commission report is one Secretary with Cabinet rank to take on the judgment to approve the use of further statement that there is a need the onerous job of struggling with the force cannot rightfully be faulted. The to put all the intelligence agencies culture of concealment of the FBI and vote of 77 to 23 encompassed a majority under one umbrella. When we debated the culture of concealment of the CIA of Democrats, including Senator JOHN the Homeland Security bill back in and the resistance of the Defense Intel- KERRY and Senator JOHN EDWARDS. 2002, I made the submission on the ligence Agency. We will have an oppor- The decision to use preemptive force floor of the Senate repeatedly—on Sep- tunity to consider that in a legislative was based on the standard of inter- tember 3, September 10, September 30, package. national law which warrants antici- November 14, and November 19—that I When the Commission on Weapons of patory self-defense when the threat of thought it imperative the new Sec- Mass Destruction filed its report in attack is imminent so that the defense retary of Homeland Security should 1999—a commission which I cochaired, of preemption is warranted. have the authority to direct—not just a commission which came out of the This standard was enunciated in 1842 to ask but to direct—all of the intel- recommendations of the Senate Intel- by Secretary of State Daniel Webster ligence agencies, to have some effec- ligence Committee in the 104th Con- in dealing with the so-called Caroline tive structure to put all of the intel- gress when I chaired the Intelligence incident. ligence agencies under one umbrella. Committee—the structure was to give In the floor debate on the force reso- I submitted that contention based the Vice President of the United States lution on October 10, 2002, I quoted upon my view that had all of the infor- the responsibility to coordinate all of Hugo Crotius, considered the father of mation been at hand, the attack on 9/11 the activities of weapons of mass de- international law, who said in his 1925 might well have been prevented. Had struction because it was so important book ‘‘The Law of War and Peace’’ that the FBI Phoenix report gotten to the and because if you wanted to deal with a nation may use self-defense in antici- right people in headquarters, had the the Secretaries of the various Depart- pation of attack when there is a information on ments, it would require somebody of ‘‘present danger.’’ He said, ‘‘it is lawful been properly handled with an appro- the stature of the Vice President to do to kill him who is preparing to kill.’’ priate standard for probable cause, had that. In that floor statement, I also quoted the terrorists in Kuala Lumpur been It may be that we will revisit the another eminent authority on inter- kept out of the United States—known concept of having the Vice President national law, Elihu Root, who said in by the CIA, but let in by Immigration undertake that kind of a responsibility 1914 that international law did not re- and Naturalization—had those facts because we are dealing with very quire a nation to wait to use force in and others been pulled together, 9/11 strong, powerful forces, which have al- self-defense until it is too late to pro- might well have been prevented. ready started resistance—from the De- tect itself. When I chaired the Intelligence Com- partment of Defense not wanting to It is important to revisit the Iraq mittee in the 104th Congress, it was ap- give up power or fiscal control; resist- war vote not to second-guess ourselves parent to me at that time all of the in- ance by the CIA, with the Acting Di- but to learn from that experience as we telligence agencies should be under one rector speaking out very forcefully in view escalating problems around the umbrella. I made that suggestion in opposition to the 9/11 Commission’s world which may pose an imminent legislation at that time. The Scowcroft prospective conclusions, even before threat to this country. It is important report has made the same conclusion. the report was filed, and in defending that our intelligence agencies present We recently had a report by the Senate what the CIA had done. There is much the full picture to decisionmakers, in Intelligence Committee which pointed which has to be examined as to where particular the President, Secretary of out many deficiencies in the CIA. the FBI stands. Defense, Secretary of State, and the Today we have had the report by the 9/ When we examined the letter from Congress, so the subtleties may be con- 11 Commission, all of which leads to Special Agent Coleen Rowley—13 sidered in making complicated judg- one conclusion, which is hard to dis- pages, single spaced—at a Judiciary ments. Had the decisionmakers been pute; and that is, all the intelligence Committee oversight hearing in June presented with more objective com- agencies ought to be under one um- of 2002, we found out the FBI did not prehensive information concerning brella. even have the right standard for prob- Iraq possessing weapons of mass de- At a news conference earlier today, able cause for a warrant under the For- struction, it is doubtful that the ‘‘im- Senator MCCAIN, Senator LIEBERMAN, eign Intelligence Surveillance Act. minence’’ test under international law Senator BAYH, and I announced our in- When we have seen what the CIA has would have been met. tention to take the 9/11 Commission re- done in the very strong criticism levied It is important, in reviewing the inci- port and put it into legislative lan- a few weeks ago by the Senate Intel- dents, that we not engage in self-flag- guage, to introduce it when we return ligence Committee, we see there is ellation. The comments coming out of after the August break. In so doing, we much, much which has to be done. Great Britain are informative and in- are not subscribing to all of the provi- There have to be improvements in the structive. The New York Times re- sions of the 9/11 Commission conclu- FBI. There have to be improvements in ported on July 14 that: sions. But we agree there ought to be a the CIA. And all of this now comes into A major British report released Wednesday focus of attention, and there ought to sharp focus with the events culmi- found extensive failures both in intelligence be debate, and there ought to be action nating in today’s filing of the 9/11 Com- gathering on illicit weapons and the govern- at an early date. mission report—again, especially at a ment’s use of that intelligence to justify the It was suggested during the course of time when we are under siege and . But it cleared Prime Minister Tony that news conference that when we under threat of an al-Qaida attack be- Blair of accusations that he or his govern- come back in a post-election session, ment distorted the evidence to build a case tween now and the election. for war. which I think is a virtual certainty, we Recent disclosures by the Senate In- take up the issue of reorganizing the telligence Committee have documented The Times further reported: intelligence structure in the United the failures of the CIA to accurately Like an earlier inquiry led by Lord Hutton, States. If we do not come back in a inform the country, including the the report exonerated the government of the charge that it deliberately exaggerated the post-election session as lameducks to President and Congress, concerning the threat posed by Mr. Hussein in an effort to finish much of the unfinished business, facts or judgments on whether Iraq deceive the public and Parliament. ‘‘No sin- or to finish all of the unfinished busi- possessed weapons of mass destruction. gle individual is to blame,’’ Lord Butler said. ness, then the suggestion was made As a result, some are now questioning ‘‘This was a collective operation.’’

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8624 CONGRESSIONAL RECORD — SENATE July 22, 2004 I suggest very close similarities be- Reliance on tax cuts has led to record budget 2010 was a force in either dampening tween British intelligence and U.S. in- deficits, and borrowing against homes has the recession or speeding our recovery, telligence and the reliance of the exec- led to record household debt. These trends nor did making the top tax brackets utive branch and the reliance of Con- are dangerous and unsustainable, and they for the rich and the super-rich even pose a serious risk to economic recovery. gress in our vote to use force and in the We hear repeatedly that the employment lower, according to most economists, action of the British, that the self-crit- disconnect is all about productivity—that result in that kind of economic stim- icism ought not to be levied in the con- America needs to hire fewer workers because ulus. In fact, the Federal Reserve’s own text of the findings by the British re- the ones already working are more efficient. econometric forecast states that public port that clears Prime Minister Blair This may well be true, but there is a more spending is a better multiplier for jobs of accusations that he or his Govern- compelling explanation: global labor arbi- and economic growth than the tax ment distorted the evidence to build trage. Under unrelenting pressure to cut cuts. the war and the finding by Lord Hutton costs, American companies are now replac- He has gone farther in the last day to ing high-wage workers here with like-qual- that no single individual is to blame ity, low-wage workers abroad. say the reason we have lower paying but, rather, it was a collective oper- It was only a matter of time before the jobs in America is now because Amer- ation. globalization of work affected the United ican workers are not well enough edu- I yield the floor. States labor market. The character and cated. It is pretty hard to understand The PRESIDING OFFICER. The Sen- quality of American job creation is changing how the educational quality of the ator from . before our very eyes. Which poses the most American workforce could change from important question of all: what are we going f what it was prior to the recession when to do about it? employment had expanded at a robust JOB CREATION That is a subject which both of our pace for almost 8 years to where it is Mr. DAYTON. Mr. President, I have major party candidates for President less than 3 years later. In fact, the re- the greatest respect for the majority this year need to address—what are we ality is that many American workers leader, and I agree with him on many going to do about it? are overeducated for the jobs that are subjects, but earlier tonight he had The response of President Bush and available, as the New York Times edi- some pretty harsh words for some of his economic apologists thus far is to torial and other economic analyses the economic statements that I and deny even the reality. Fortunately, we have attested. We are not providing the others of my colleagues have been have their own earlier predictions by jobs in this economy that people need making in recent weeks. He called which to measure today’s economic with the talents they have. We are not them ‘‘canards’’ which is a nice sound- facts. providing the jobs people need to main- ing word but means they are false In May of 2003, the President’s own tain the standards of living they en- statements. Council of Economic Advisers stated joyed before. And we are not providing I feel compelled to rise and present that his what was then called jobs and enough jobs for the unemployed and what I think is a better version of the growth plan of more deficit-driving tax underemployed people of this country. facts which, as we can see, are very dif- cuts for the rich and the super-rich That is the reality, not a canard. ferent. The majority leader, as I under- would result in the creation, they said, I thank the Chair, and I yield the stood his argument, was saying the of 5.5 million new jobs by the end of floor. new jobs that are now being created in this year. Congress passed the Presi- The PRESIDING OFFICER. The Sen- the economy are better paying on aver- dent’s plan, and it took effect in July ator from Kentucky. of 2003. The actual number of jobs cre- age than the average of other jobs that f were in existence in the year 2003. But ated in the past 12 months is over 2.2 COAST GUARD AND MARITIME that misses the essential point, which million fewer jobs than the President’s TRANSPORTATION ACT OF 2004— is that most of those newly created Council of Economic Advisers forecast. CONFERENCE REPORT jobs pay less and offer lower benefits In fact, the job creation in this country than the over 2.5 million jobs lost dur- has failed to meet the President’s fore- Mr. MCCONNELL. Mr. President, I ing the first 21⁄2 years of the Bush ad- casts in 10 of the last 12 months. ask unanimous consent that the Sen- ministration. Most of those jobs were Once again, the administration trots ate proceed to the consideration of the good-paying manufacturing jobs, and out their favorite apologist, Chairman conference report to accompany H.R. most of them have not come back. Greenspan, whose salary now should be 2443, the Coast Guard reauthorization Many of them have been transferred to paid by the President’s reelect com- bill. other countries with lower wages and mittee rather than the American tax- The PRESIDING OFFICER. The no standards. They are not coming payers, who preached fiscal responsi- clerk will report. back at all. bility for 8 years to President Clinton’s The legislative clerk read as follows: Those are the jobs that the unem- administration and to the Congress at The Committee of Conference on the dis- ployed workers of America are now that time and was instrumental in cre- agreeing votes of the two Houses on the finding and that are paying on average ating a balanced Federal budget in the amendments of the Senate to the bill (H. R. year 2000, after taking out the Social 2443), to authorize appropriations for the thousands of dollars less than the jobs Coast Guard for fiscal year 2004, to amend those workers held before the recession Security trust fund—the first time in 40 years that the budget of the Federal various laws administered by the Coast began in March of 2001. They are Guard, and for other purposes, having met, among the millions of Americans Government, the operating accounts after full and free conference, have agreed whose incomes have fallen, who used to were balanced. He then turned around that the House recede from its disagreement have jobs with health insurance but and has acquiesced with every tax cut to the amendment of the Senate, and agree now don’t. that has been passed and which has led to the same with an amendment, signed by I quote from an editorial in today’s to the deficits that now exceed over all conferees on the part of both Houses. New York Times in part which states: $500 billion a year and which the non- The PRESIDING OFFICER. Without partisan Concord Coalition, chaired by From three different vantage points . . . objection, the Senate will proceed to the same basic picture emerges: While there former Republican Senator Rudman, the consideration of the conference re- has been an increase in job creation over the has called the most reckless fiscal pol- port. past four months—an unusually belated and icy in this Nation’s history. (The conference report is printed in anemic spurt by historical standards—the Mr. Greenspan, who acquiesced in the House proceedings in the CONGRES- bulk of the activity has been at the low end those, now comes forward and says the SIONAL RECORD of Tuesday, July 20, 2004 of the quality spectrum. The Great American tax cuts prevented a deeper recession. (Volume 150, Number 101). Job Machine is not even close to generating In part, he is probably correct that the Mr. MCCAIN. Mr. President, I rise the surge of the high-powered jobs that is child tax credit, which certainly passed today as the chairman of the Senate typically the driving force behind greater in- comes and consumer demand. here with overwhelming bipartisan Committee on Commerce, Science, and This puts households under enormous pres- support, and the 10-percent bracket had Transportation, and I am pleased to sure. Desperate to maintain lifestyles, they those benefits, but certainly nobody announce today the successful comple- have turned to far riskier sources of support. could say eliminating the estate tax in tion of the conference report for H.R.

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8625 2443, The Coast Guard Maritime Trans- do its job both now, and in the future. land Security, DHS, appropriations portation Act of 2004. The conference I am proud to give the Coast Guard the bill. I am pleased the conference agreed report will provide the Coast Guard resources it needs to carry out its to procurement management improve- with the authorization bill it des- many essential missions that will re- ments by requiring the Coast Guard to perately needs to carry out all its mis- sult in saved lives, seized contraband, a report on how it intends to implement sions, protect the homeland, and ulti- cleaner environment, and ultimately recent GAO recommendations, includ- mately prepare for the future. the protection of our homeland. ing measures to increase competition This legislation will provide the Mr. HOLLINGS. I am pleased that of subcontracts, and how it intends to Coast Guard with an authorization for the conference committee charged with alter the mix of legacy and replace- fiscal year 2004 and several critical pro- resolving the differences between the ment assets in the future, as well as ex- grams. First and foremost, it author- House and Senate versions of H.R. 2443 pected costs of any changes to its origi- izes the funding and personnel levels it has reached final agreement on the nal plan. Unless there are significant needs to fulfill its obligation to the Coast Guard and Maritime Transpor- changes to the way the Deepwater con- maritime communities of this Nation. tation Act of 2004. Through this bill, tracting business is conducted, there It will provide the Coast Guard with Congress underscores our support for a will be enormous problems in the fu- $5.4 B in authorized operating expenses, strong and effective Coast Guard. ture that may ultimately undermine and a $1.1 B authorization for the Inte- The Coast Guard has always taken on this program. grated Deepwater Program designed to an impressive array of tasks that are I would also like to thank the con- allow the Coast Guard to continue the important for our national security, ferees for supporting the inclusion of prosecution of its traditional missions, the protection of our resources, and the various measures that were addressed while at the same time combating new safety of our mariners. After the tragic in S. 2279, the Maritime Transportation and emerging threats. events of September 11, 2001, we have Security Act of 2004, MTSA 2004, a bill Additionally, the conference report asked the Coast Guard to take on even that I introduced to enhance imple- authorizes an increase in the active more responsibility for our maritime mentation of MTSA 2002. I remain very duty personnel to 45,500 personnel, an security, all the while continuing to concerned about the current implemen- increase of nearly 8,000, including an excel in their traditional missions. tation of port security measures and authorization for up to 6,700 officers This legislation provides an author- will continue to demand review of im- that are desperately needed to fill crit- ization of $8,167,610,000 for the Coast plementation policies to ensure that ical homeland security positions. Guard’s fiscal year 2005 budget, an in- we are aggressively implementing ef- The Secretary of homeland security crease of 19 percent over fiscal year fective security measures. Specifically, is now authorized to require vital elec- 2004, and important new authority for the conference agreement includes im- tronic navigation systems onboard ves- the Coast Guard to better execute its portant requirements to review and im- sels the Secretary deems necessary in missions. Of this, $5,404,300,000 is au- prove cargo security programs. We order to improve and facilitate safe thorized for the Coast Guard’s oper- must have concrete cargo security pro- navigation. ating expenses, an increase of 14 per- grams in place to detect and prevent A National Coast Guard Museum will cent over fiscal year 2004, with $100 cargo containers from being used in a be established in New London, CT that million allocated to cover the costs of terrorist attack. In the event we are will exemplify the fine traditions and the Coast Guard’s new tempo demands. attacked through our ports, we then heritage that the United States Coast This will assure that the traditional need to be able to reopen U.S. ports to Guard possesses, yet until today, has core missions of the Coast Guard—such the commerce that sustains so much of been unable to properly display. This as search and rescue of mariners in dis- our Nation’s economy, with some de- legislation will now allow the public to tress and protection of our living ma- gree of confidence. We are far from witness first hand, the legacy of what rine resources—are not compromised. where we should be. Cargo security once was the Lifesaving Service, now Most importantly, we authorized ap- programs must require that we can evolved into the modern-day Coast proximately $300 million for port secu- verify the contents do not include Guard. rity that was not requested by the weapons of mass destruction. Simi- This legislation also provides many President. I believe the provision of larly, cargo security programs must be provisions which improve the Coast these funds are essential to the secu- continually inspected to ensure their Guard’s ability to recruit, reward, and rity of our ports, our waterways, and compliance. Documentary evaluation retain high-quality personnel. It ad- our maritime transportation industry. of cargo information, while important, dresses personnel management and In particular, the funds will help im- does not substitute for physical quality of life issues by providing for a plement the Coast Guard’s Automatic verification. Our motto should not con- critical skills training bonus, retaining Identification System, AIS, to track tinue to be: ‘‘trust, but don’t verify’’. commissioned officers with essential the movement of foreign vessels oper- I also am pleased that the Coast skill sets and experiences, expanding ating in U.S. waters. Guard will be reviewing and reporting property authorities to ease housing I have always been a firm supporter on Joint Operations Centers such as shortages, and includes several meas- of providing the Coast Guard with the Operation SeaHawk. Operation ures that grant parity with the other tools it needs to get the job done. The SeaHawk, established in Charleston, Armed Services. There are also many Coast Guard needs to upgrade its core SC, is providing law enforcement an provisions regarding Law Enforcement, assets, in particular, its aging fleet of opportunity to coordinate their law en- Marine Safety, and Environmental cutters. The Integrated Deepwater Pro- forcement and security missions, and is Protection which allow the Coast gram is the Coast Guard’s program for being utilized to help implement the Guard to better accomplish its many achieving these upgrades, and the ad- security and contingency response missions. ministration has not requested suffi- plans for the whole area. I feel con- Further, the legislation requires in- cient funding in its budgets to even fident that this model will be found to creased reporting and targeting for in- keep this program on track. The bill provide the best structure to coordi- spection of cargo containers headed to authorizes $1.1 billion in fiscal year nate law enforcement activities of the the United States. It also provides for 2005 for the Deepwater Program. This various agencies that are involved in increased research and development to sends an important signal we support port security and provide a model for improve and deploy port security tech- the Coast Guard’s modernization ef- the Coast Guard to utilize Area Mari- nology. There are also a number of pro- fort. I do have some reservations as to time Security plans. visions that clarify the role of the whether the Coast Guard can in reality I am also pleased that the final bill Coast Guard in leading the United absorb such a large increase over last includes a number of important provi- States’ efforts to improve port and year’s levels, an issue that GAO raised sions to address important natural re- maritime security. in testimony before the Senate Com- source issues. For example, the bill in- This legislation was crafted in a bi- merce Committee this year. However, cludes a number of provisions regard- partisan fashion and it provides the we can consider this issue further when ing the Oil Pollution Act, including a Coast Guard with a solid foundation to we take up the Department of Home- program to provide loans to fishermen

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8626 CONGRESSIONAL RECORD — SENATE July 22, 2004 and aquaculture producers who are 100 cutters and 200 aircraft over a provide this service with the fiscal year damaged by oil spills, a requirement multi-year period, called Deepwater. 2005 budget it needs to carry out all of for using electronic charts which will This is $334 million above the adminis- its many responsibilities. reduce oil spill incidents, as well as a tration’s request and puts the program During this hearing the Coast Guard report on a number of important issues on track to be completed in 15 years, Commandant, Admiral Collins, pre- such as the feasibility of speeding up compared to 22 years as proposed by sented a stark picture of his service’s the requirement for double hulls, and the administration. Since the terrorist increasing maintenance costs. I was the state of health of the oil pollution attacks on 9/11, the Coast Guard’s ships struck by Admiral Collins’ testimony trust fund. The bill also requires the and planes are being used more today as he laid out the depths of the legacy Coast Guard to improve its coordina- than ever in the Coast Guard’s history. asset sustainment problems faced by tion on fisheries enforcement with The Coast Guard Commandant makes the Coast Guard. I am greatly con- NOAA and State and local authorities. no bones about the fact that recapital- cerned about the toll such a high oper- Finally, it mandates that the Coast izing operational assets is his No. 1 pri- ational tempo is taking on his anti- Guard must cooperate with NOAA in ority. In testimony before the Senate quated ships and aircraft and ulti- analyzing ship routing measures for Appropriations Subcommittee on mately on his personnel. certain ports that would reduce ship Homeland Security, the Commandant The conference report we are consid- strikes of the North Atlantic right testified that the current condition of ering will provide many important au- whale. the aging, technologically obsolete thorizations for the Coast Guard. First Mr. BYRD. Mr. President, I commend fleet, threatens Coast Guard mission and foremost, it would authorize the Senator MCCAIN, Senator HOLLINGS, performance. He testified that Coast funding and personnel levels it needs. and the rest of the conference com- Guard assets are in a ‘‘declining readi- In recent years we have seen an un- mittee for their hard work on this bi- ness spiral.’’ precedented growth in the Coast partisan authorization bill. This legis- The question that must be asked is, Guard’s budget—more than 30 percent lation provides an authorization of if Coast Guard assets are in a ‘‘declin- over the past 2 years alone—but this $8.168 billion for the Coast Guard’s fis- ing readiness spiral,’’ why has the ad- has not been enough. We must provide cal year 2005 budget, an increase of 19 ministration failed to address the situ- the Coast Guard with the funding it percent over fiscal year 2004. This con- ation. Despite the Commandant’s plea needs to restore its non-homeland secu- ference agreement also includes impor- for help, the President’s budget for the rity missions—such as search and res- tant new authority for the Coast Guard Deepwater program will take 22 years cue, fisheries enforcement, and marine to better carry out its missions and to complete. Twenty-two years. This is environmental protection—to near meet the growing responsibilities of a 2 years slower than im- their pre-September 11th levels. post-September 11 environment. provement program envisioned when Additionally, while we have in- Sadly, when it comes to funding Deepwater was conceived prior to the creased the number of Coast Guard per- homeland security needs, I believe the tragic events of September 11th. sonnel by more than 4,000, we have not congressional intent expressed in this The funding authorized in this bill raised the statutory cap on its author- bill will, yet again, be ignored at the addresses some of the operational and ized number of officers. We are recti- White House. capital deficiencies that have been ig- fying this before the Coast Guard This conference report authorizes $5.4 nored by the administration. It is a reaches its cap and is forced to termi- billion for the Coast Guard’s operating good bill. However, as a result of the nate reserve officer contracts or delay expenses account—an increase of 14 President setting arbitrary limits on some officer’s deserved commissions percent over fiscal year 2004 levels and discretionary spending, the Homeland and promotions. The Conference report over $231 million above the President’s Security Appropriations bill, at what- raises this cap to 6,700 and prevents the fiscal year 2005 request for the Coast ever point the Republican leadership Coast Guard from being forced to im- Guard. decides to allow the Senate to debate plement these drastic measures which Over 20 months ago, the President the measure, will not come close to would unfairly impact individual offi- signed the Homeland Security Act cre- funding the Coast Guard at the levels cers. ating the Department of Homeland Se- set in this bill. Secondly, we all know that the Coast curity. With respect to the Coast By all indications, the President will Guard currently operates the third old- Guard, that act required that, ‘‘. . .the sign this bill into law. Unfortunately, est of the world’s 39 similar naval authorities, functions, and capabilities it will likely be thrown into the pile of fleets with several cutters dating back of the Coast Guard to perform its mis- other homeland security promises that to World War II. The administration’s sions shall be maintained intact and have gone unfulfilled. fiscal year 2005 request would put this without significant reduction. . . .’’ Ms. SNOWE. Mr. President, I rise program on a 22-year time line, which Unfortunately, the administration today in support of the Coast Guard is 2 years behind the original 20-year has not held up its end of the bargain. and Maritime Transportation Act of plans. This is simply not acceptable. I The administration has failed to pro- 2004. Since the Coast Guard was last strongly believe that we must author- vide the Coast Guard with sufficient authorized in 2002 as part of the Mari- ize the acceleration of this critical pro- budgets to maintain both traditional time Transportation Security Act of gram because it is the best and most missions and new homeland security 2002, its responsibilities and needs have cost effective way to remedy the Coast responsibilities. As a result, since Sep- continued to evolve. Last year I intro- Guard’s readiness problems and provide tember 11, 2001, there has been severe duced the Senate Coast Guard Author- it with the tools it needs to carry out degradation in the Coast Guard’s tradi- ization bill (S. 733), the underlying bill all of its missions. That is why, I am tional mission areas. Because of the ad- of this conference report, to address extremely pleased with the $1.1 billion ministration’s negligence, the number many of these concerns. We have suc- authorization for the Deepwater pro- of hours the Coast Guard is spending on cessfully finished this critical con- gram in this Conference report, which many of its mission areas has dropped ference and I strongly believe we need if fully funded, will accelerate the pro- dramatically as compared to pre-Sep- to move forward expeditiously and pass gram to a 15-year time line. tember 11, 2001. Drug enforcement is this conference report as soon as pos- This conference report also provides down 41 percent; fisheries enforcement sible so that we can provide the Coast many non-controversial provisions is down 26 percent; search and rescue is Guard with the authorization bill it which improve the Coast Guard’s abil- down 22 percent; and marine safety is desperately needs. ity to recruit, reward, and retain high- down 41 percent. The administration’s In April, as Chair of the Oceans, quality personnel. It addresses per- fiscal year 2005 request for the Coast Fisheries, and Coast Guard sub- sonnel management and quality of life Guard falls well short in addressing committee, I held a hearing to examine issues by providing for a critical skills these serious deficiencies. the Coast Guard’s readiness concerns; training bonus, retaining commis- This conference report also provides review the challenges it faces in bal- sioned officers with essential skill sets $1.1 billion for the Coast Guard’s pro- ancing its homeland security and tradi- and experiences, expanding property gram to modernize and/or replace some tional missions; and ensure that we authorities to ease housing shortages,

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8627 and includes several measures that The PRESIDING OFFICER. Without agency Coordination Taskforce has rec- grant parity with the other Armed objection, it is so ordered. ommended steps to improve patient safety Services. There are also many provi- Mr. FRIST. Mr. President, we have that may be taken by each Federal agency sions requested by the administration actually a lot of business that we are involved in health care and activities relat- regarding Law Enforcement, Marine doing and wrapping up for the night. In ing to these steps are ongoing. ø(6) The research on patient safety un- Safety, and Environmental Protection fact, we are going on recess for the con- equivocally calls for a learning environment, which allow the Coast Guard to better ventions for the next several weeks. rather than a punitive environment, in order accomplish its many missions. Most of the business has been com- to improve patient safety. This conference report was crafted in pleted, but there will be a lot of very ø(7) Voluntary data gathering systems are a bi-partisan fashion and it provides important business that we will be con- more supportive than mandatory systems in the Coast Guard with a solid founda- ducting over the next several hours, creating the learning environment referred tion to do its job. I thank all of the but we will get it done tonight. to in paragraph (5) as stated in the Institute Members who have actively partici- This particular piece of business has of Medicine’s report. ø pated in its development. I am proud to to do with patient safety. For me, it (8) Promising patient safety reporting systems have been established throughout give the Coast Guard my full support, means a lot because I can see up close the United States and the best ways to struc- and the resources it needs to carry out both the importance of this legislation, ture and use these systems are currently its many essential missions. and have watched it legislatively as it being determined, largely through projects Mr. MCCONNELL. Mr. President, I has traveled through its various funded by the Agency for Healthcare Re- ask unanimous consent that the con- iterations. So to be able to propound search and Quality. ference report be agreed to, the motion this unanimous consent request is ø(9) The Department of Health and Human to reconsider be laid upon the table, something that we can briefly com- Services has initiated several patient safety and any statements relating to the ment on shortly. projects. The Joint Commission on Accredi- conference report be printed in the tation of Healthcare Organizations issued a f patient safety standard that went into effect RECORD. The PRESIDING OFFICER. Without PATIENT SAFETY AND QUALITY on July 1, 2001, and the peer review organiza- IMPROVEMENT ACT OF 2003 tions are conducting ongoing studies of clin- objection, it is so ordered. ical performance measurement of care deliv- The conference report was agreed to. Mr. FRIST. Mr. President, I ask ered to beneficiaries under the medicare pro- f unanimous consent the Senate now gram under title XVIII of the Social Secu- PRESERVING THE ABILITY OF THE proceed to consideration of Calendar rity Act. No. 387, S. 720. ø(10) Many organizations currently col- FEDERAL HOUSING ADMINISTRA- lecting patient safety data have expressed a TION TO INSURE MORTGAGES The PRESIDING OFFICER. The clerk will report the bill by title. need for legal protections that will allow Mr. MCCONNELL. Mr. President, I The legislative clerk read as follows: them to review protected information so that they may collaborate in the develop- ask unanimous consent that the Bank- A bill (S. 720) to amend title IX of the Pub- ment and implementation of patient safety ing Committee be discharged from fur- lic Health Service Act to provide for the im- improvement strategies. Currently, the ther consideration of S. 2712 and the provement of patient safety and to reduce State peer review protections provide inad- the incidence of events that adversely affect Senate then proceed to its consider- equate conditions to allow the sharing of in- patient safety. ation. formation to promote patient safety. The PRESIDING OFFICER. Without There being no objection, the Senate ø(11) In 2001, the Institute of Medicine re- objection, it is so ordered. The clerk proceeded to consider the bill which leased a report entitled Crossing the Quality will report the bill by title. had been reported from the Committee Chasm that found that the United States The legislative clerk read as follows: on Health, Education, Labor, and Pen- health care system does not consistently de- A bill (S. 2712) to preserve the ability of sions, with an amendment to strike all liver high quality care to patients. the Federal Housing Administration to in- after the enacting clause and insert in ø(b) PURPOSES.—It is the purpose of this sure mortgages under sections 238 and 519 of lieu thereof the following: Act to— the National Housing Act. (Strike the part shown in black ø(1) encourage a culture of safety and qual- There being no objection, the Senate brackets and insert the part shown in ity in the United States health care system proceeded to consider the bill. italic.) by providing for legal protection of informa- Mr. MCCONNELL. Mr. President, I tion reported voluntarily for the purposes of S. 720 ask unanimous consent that the bill be quality improvement and patient safety; and Be it enacted by the Senate and House of Rep- read a third time, passed, the motion ø(2) ensure accountability by raising stand- resentatives of the United States of America in ards and expectations for continuous quality to reconsider be laid upon the table, Congress assembled, and that any statements relating to improvements in patient safety through the øSECTION 1. SHORT TITLE. actions of the Secretary of Health and the bill be printed in the RECORD, with- øThis Act may be cited as the ‘‘Patient Human Services. out intervening action or debate. Safety and Quality Improvement Act’’. ø The PRESIDING OFFICER. Without øSEC. 2. FINDINGS AND PURPOSES. SEC. 3. AMENDMENTS TO PUBLIC HEALTH SERV- ICE ACT. objection, it is so ordered. ø(a) FINDINGS.—Congress makes the fol- The bill (S. 2712) was read the third lowing findings: øTitle IX of the Public Health Service Act time and passed, as follows: ø(1) In 1999, the Institute of Medicine re- (42 U.S.C. 299 et seq.) is amended— S. 2712 leased a report entitled To Err is Human ø(1) in section 912(c), by inserting ‘‘, in ac- that described medical errors as the eighth Be it enacted by the Senate and House of Rep- cordance with part C,’’ after ‘‘The Director leading cause of death in the United States, resentatives of the United States of America in shall’’; with as many as 98,000 people dying as a re- ø Congress assembled, (2) by redesignating part C as part D; sult of medical errors each year. ø(3) by redesignating sections 921 through SECTION 1. AMENDMENT TO GENERAL AND SPE- ø(2) To address these deaths and injuries CIAL RISK PROGRAM ACCOUNT. 928, as sections 931 through 938, respectively; due to medical errors, the health care sys- Under the heading ‘‘FEDERAL HOUSING AD- ø(4) in section 938(1) (as so redesignated), tem must identify and learn from such errors MINISTRATION—GENERAL AND SPECIAL RISK by striking ‘‘921’’ and inserting ‘‘931’’; and so that systems of care can be improved. PROGRAM ACCOUNT’’ in title II of Division G ø(5) by inserting after part B the following: ø of the Consolidated Appropriations Act, 2004 (3) In their report, the Institute of Medi- ø‘‘PART C—PATIENT SAFETY (Public Law 108–199), in the first proviso, cine called on Congress to provide legal pro- IMPROVEMENT strike ‘‘$25,000,000,000’’ and insert tections with respect to information re- ported for the purposes of quality improve- ‘‘$29,000,000,000’’. ø‘‘SEC. 921. DEFINITIONS. Mr. MCCONNELL. Mr. President, I ment and patient safety. ø(4) The Health, Education, Labor, and ø‘‘In this part: suggest the absence of a quorum. ø The PRESIDING OFFICER. The Pensions Committee of the Senate held 4 ‘‘(1) NON-IDENTIFIABLE INFORMATION.—The hearings in the 106th Congress and 1 hearing term ‘non-identifiable information’ means clerk will call the roll. in the 107th Congress on patient safety where information that is presented in a form and The legislative clerk proceeded to experts in the field supported the rec- manner that prevents the identification of call the roll. ommendation of the Institute of Medicine any provider, patient, and the reporter of pa- Mr. FRIST. Mr. President, I ask for congressional action. tient safety data. unanimous consent the order for the ø(5) Myriad public and private patient safe- ø‘‘(2) PATIENT SAFETY DATA.—The term ‘pa- quorum call be rescinded. ty initiatives have begun. The Quality Inter- tient safety data’ means—

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8628 CONGRESSIONAL RECORD — SENATE July 22, 2004 ø‘‘(A) any data, reports, records, memo- ø‘‘SEC. 922. CONFIDENTIALITY AND PEER REVIEW available under Federal or State laws that randa, analyses, deliberative work, state- PROTECTIONS. provide greater peer review or confiden- ments, root cause analyses, or quality im- ø‘‘(a) IN GENERAL.—Notwithstanding any tiality protections than the peer review and provement processes that could result in im- other provision of law, and subject to this confidentiality protections provided for in proved patient safety or health care quality, section, patient safety data shall be privi- this section. that are— leged and confidential. ø‘‘(g) RULE OF CONSTRUCTION.—Nothing in ø ø‘‘(i) collected or developed by a provider ‘‘(b) SCOPE OF PRIVILEGE.—Subject to the this section shall be construed to alter or af- provisions of subsection (c), patient safety for the purpose of reporting to a patient safe- fect the implementation of any provision of data to which subsection (a) applies shall not ty organization; section 264(c) of the Health Insurance Port- be— ø‘‘(ii) reported to a patient safety organiza- ability and Accountability Act of 1996 (Pub- ø‘‘(1) subject to a civil, criminal, or admin- tion for patient safety or quality improve- lic Law 104–191; 110 Stat. 2033) or any regula- istrative subpoena; ment processes; tion promulgated under such section. ø‘‘(2) subject to discovery in connection ø‘‘(iii) requested by a patient safety orga- ø‘‘SEC. 923. NATIONAL DATABASE. with a civil, criminal, or administrative pro- nization (including the contents of such re- ø‘‘(a) AUTHORITY.— ceeding; quest); ø‘‘(1) IN GENERAL.—In conducting activities ø‘‘(3) disclosed pursuant to section 552 of ø‘‘(iv) reported to a provider by a patient under this part, the Secretary may provide title 5, United States Code (commonly safety organization; for the establishment and maintenance of a known as the Freedom of Information Act) ø‘‘(v) collected or developed by a patient database to receive relevant non-identifiable or any other similar Federal or State law; patient safety data, or may designate enti- safety organization; or ø‘‘(4) admitted as evidence or otherwise ø ties to collect relevant non-identifiable pa- ‘‘(vi) reported among patient safety orga- disclosed in any civil, criminal, or adminis- tient safety data, that is voluntarily re- nizations, after obtaining authorization; or trative proceeding; or ø ported by patient safety organizations upon ‘‘(B) information related to corrective ac- ø‘‘(5) utilized in an adverse employment ac- the request of the Secretary. tions taken in response to patient safety tion or in the evaluation of decisions made ø‘‘(2) USE OF DATA.—Data reported to any data; in relation to accreditation, certification, database established or designated under for the purpose of improving patient safety, credentialing or licensing of an individual, paragraph (1) shall be used to analyze re- health care quality, or health care outcomes. that is based on such individual’s participa- ø gional variations and national statistics re- ‘‘(3) PATIENT SAFETY ORGANIZATION.—The tion in the development, collection, report- lated to patient safety and health care qual- term ‘patient safety organization’ means a ing, or storage of patient safety data in ac- ity. The information resulting from such private or public organization or component cordance with this part. analyses may be included in the annual qual- thereof that performs the following activi- ø‘‘(c) DISCLOSURE REQUIREMENTS.—Nothing ity reports prepared under section 913(b)(2). ties (which are deemed to be necessary for in this section shall be construed to prohibit ø‘‘(b) STANDARDS.—In developing or desig- the proper management and administration one or more of the following disclosures nating a database under subsection (a)(1), of such organization or component thereof): (which are deemed to be necessary for the the Secretary may determine common for- ø‘‘(A) The conduct, as its primary activity, proper management and administration of mats for the voluntary reporting of non- of efforts to improve patient safety and the the patient safety organization): identifiable patient safety data, including quality of health care delivery. ø‘‘(1) Disclosures by a provider in com- necessary data elements, common and con- ø‘‘(B) The collection and analysis of pa- plying with authorized requests for the pro- sistent definitions, and a standardized com- tient safety data that are voluntarily sub- vision of information to which subsection (a) puter interface for the processing of such mitted by a provider. applies (such as a patient’s medical record or data. To the extent practicable, such stand- ø‘‘(C) The development and dissemination other relevant information) that is in the ards shall be consistent with the administra- of information to providers with respect to control of such a provider and that has been tive simplification provisions of part C of improving patient safety, such as rec- developed, maintained, or exists separately title XI of the Social Security Act. ommendations, protocols, or information re- from the process by which the provider col- ø‘‘(c) CONFIDENTIALITY.—Any non-identifi- garding best practices. lects or develops information for reporting able patient safety data that is transferred ø‘‘(D) The utilization of patient safety data to a patient safety organization. to the database under this section shall be to carry out activities under this paragraph ø‘‘(2) Disclosures by a provider or patient privileged and confidential. and for the purposes of encouraging a culture safety organization of patient safety data as ø of safety and of providing direct feedback part of a disciplinary proceeding relating to ‘‘SEC. 924. TECHNICAL ASSISTANCE. ø and assistance to providers to effectively a provider, or a criminal proceeding, if such ‘‘The Secretary, acting through the Direc- minimize patient risk. a disclosure of such patient safety data is— tor, may provide technical assistance to pa- ø‘‘(E) The maintenance of confidentiality ø‘‘(A) material to the proceeding; tient safety organizations. Such assistance with respect to individually identifiable ø‘‘(B) within the public interest; and shall include annual meetings for patient health information. ø‘‘(C) not available from any other source. safety organizations to discuss methodology, ø‘‘(F) The provision of appropriate security ø‘‘(3) Disclosures by a provider or patient communication, data collection, or privacy measures with respect to patient safety data. safety organization of relevant information concerns. ø‘‘(G) The certification to the Agency that to the Food and Drug Administration, or to ø‘‘SEC. 925. PROMOTING THE INTEGRATION OF the patient safety organization satisfies the a person that is subject to the jurisdiction of HEALTH CARE INFORMATION TECH- NOLOGY SYSTEMS. criteria of this paragraph for the period in such Administration, with respect to an Ad- ø‘‘(a) DEVELOPMENT.—Not later than 36 which the organization is carrying out such ministration-regulated product or activity months after the date of enactment of the duties. for which that entity has responsibility, for Patient Safety and Quality Improvement ø‘‘(4) PROVIDER.—The term ‘provider’ the purposes of activities related to the qual- Act, the Secretary shall develop or adopt means— ity, safety, or effectiveness of such Adminis- voluntary national standards that promote ø‘‘(A) a provider of services (as defined in tration-regulated product or activity, sub- the integration of health care information section 1861(u) of the Social Security Act) ject to section 520(c) of the Federal Food, technology systems. and a person furnishing any medical or other Drug, and Cosmetic Act. ø‘‘(b) UPDATES.—The Secretary shall pro- health care services (as defined in section ø‘‘(4) Disclosures by a provider or patient vide for the ongoing review and periodic up- 1861(s)(1) and (2) of such Act) through, or safety organization of information to which dating of the standards developed under sub- under the authority of, such a provider of subsection (a) applies to carry out activities section (a). services; described in paragraph (2)(A) (i) through (vi) ø‘‘(c) DISSEMINATION.—The Secretary shall ø‘‘(B) a physician (as defined in section or (3) of section 921. provide for the dissemination of the stand- 1861(r) of such Act); ø‘‘(d) TRANSFER OF INFORMATION.—The ø‘‘(C) any other person, including a phar- transfer of any patient safety data by a pro- ards developed and updated under this sec- macist, who is engaged in the delivery of vider to a patient safety organization shall tion. medical or other health services (as defined not be treated as a waiver of any privilege or ø‘‘SEC. 926. AUTHORIZATION OF APPROPRIA- in section 1861(s)(1) and (2) of such Act) in a protection established under this part or es- TIONS. ø State and who is required by State law or tablished under State law. ‘‘There is authorized to be appropriated regulation to be licensed or certified by the ø‘‘(e) PENALTY.—Except as provided in sub- such sums as may be necessary to carry out State to engage in the delivery of such serv- section (c) and as otherwise provided for in this part.’’. ices in the State; this section, it shall be unlawful for any per- øSEC. 4. STUDIES AND REPORTS. ø‘‘(D) a renal dialysis facility, ambulatory son to disclose any patient safety data de- ø(a) MEDICAL TECHNOLOGIES AND THERA- surgical center, pharmacy, physician or scribed in subsection (a). Any person vio- PIES.— health care practitioner’s office, long term lating the provisions of this section shall, ø(1) IN GENERAL.—The Secretary of Health care facility, behavioral health residential upon conviction, be fined in accordance with and Human Services shall enter into a con- treatment facility, or clinical laboratory; or section 934(d). tract with an appropriate research organiza- ø‘‘(E) any other person or entity specified ø‘‘(f) NO LIMITATION OF OTHER PRIVI- tion for the conduct of a study to assess the in regulations by the Secretary after public LEGES.—Nothing in this section shall be con- impact of medical technologies and therapies notice and comment. strued to limit other privileges that are on patient safety, patient benefit, health

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8629 care quality, and the costs of care as well as (8) Promising patient safety reporting systems ‘‘(III) reported to a provider by a patient safe- productivity growth. Such study shall deter- have been established throughout the United ty organization; or mine— States and the best ways to structure and use ‘‘(IV) collected from a provider or patient ø(A) the extent to which the current health these systems are currently being determined, safety organization or developed by a patient care system’s use of labor versus the use of largely through projects funded by the Agency safety organization; or technology has contributed to increases in for Healthcare Research and Quality. ‘‘(ii) any deliberative work or process or oral the share of the gross domestic product that (9) Many organizations currently collecting communications with respect to any patient is devoted to health care and the impact of patient safety data have expressed a need for safety data described in clause (i). medical technologies and therapies on such legal protections that will allow them to review ‘‘(B) LIMITATION.—The term ‘patient safety increases; protected information and collaborate in the de- data’ shall not include information (including a ø(B) the extent to which early and appro- velopment and implementation of patient safety patient’s medical record) that is collected or de- priate introduction and integration of inno- improvement strategies. Currently, the State veloped separately from and that exists sepa- vative medical technologies and therapies peer review protections are inadequate to allow rately from patient safety data. Such separate may affect the overall productivity and qual- the sharing of information to promote patient information or a copy thereof submitted to a pa- ity of the health care delivery systems of the safety. tient safety organization shall not itself be con- United States; and (b) PURPOSES.—It is the purpose of this Act sidered as patient safety data. ø(C) the relationship of such medical tech- to— ‘‘(3) PATIENT SAFETY ORGANIZATION.—The nologies and therapies to patient safety, pa- (1) encourage a culture of safety and quality term ‘patient safety organization’ means a pri- tient benefit, health care quality, and cost of in the United States health care system by pro- vate or public organization or component there- care. viding for legal protection of information re- of that performs all of the following activities ø(2) REPORT.—Not later than 18 months ported voluntarily for the purposes of quality (which are deemed to be necessary for the prop- after the date of enactment of this Act, the improvement and patient safety; and er management and administration of such or- Secretary of Health and Human Services (2) ensure accountability by raising standards ganization or component thereof), and that is shall prepare and submit to the appropriate and expectations for continuous quality im- currently listed by the Secretary as a patient committees of Congress a report containing provements in patient safety. safety organization pursuant to section 924(c): the results of the study conducted under SEC. 3. AMENDMENTS TO PUBLIC HEALTH SERV- ‘‘(A) The conduct, as its primary activity, of paragraph (1). ICE ACT. efforts to improve patient safety and the quality ø(b) STATE LAWS RELATING TO PATIENT Title IX of the Public Health Service Act (42 of health care delivery. SAFETY PEER REVIEW SYSTEMS.— U.S.C. 299 et seq.) is amended— ‘‘(B) The collection and analysis of patient ø(1) SURVEY.—The Attorney General shall (1) in section 912(c), by inserting ‘‘, in accord- safety data that are submitted by more than one conduct a survey of State laws that relate to ance with part C,’’ after ‘‘The Director shall’’; provider. patient safety data peer review systems, in- (2) by redesignating part C as part D; ‘‘(C) The development and dissemination of cluding laws that establish an evidentiary (3) by redesignating sections 921 through 928, information to providers with respect to improv- privilege applicable to data developed by as sections 931 through 938, respectively; ing patient safety, such as recommendations, such systems, and shall review the manner (4) in 934(d) (as so redesignated), by striking protocols, or information regarding best prac- in which such laws have been interpreted by the second sentence and inserting the following: tices. the courts. ‘‘Penalties provided for under this section shall ‘‘(D) The utilization of patient safety data for ø(2) REPORT.—Not later than 9 months be imposed and collected by the Secretary using the purposes of encouraging a culture of safety after the date of enactment of this Act, the the administrative and procedural processes and of providing direct feedback and assistance Attorney General shall prepare and submit used to impose and collect civil money penalties to providers to effectively minimize patient risk. to the Committee on Health, Education, under section 1128A of the Social Security Act ‘‘(E) The maintenance of a process to preserve Labor, and Pensions of the Senate and the (other than subsections (a) and (b), the second confidentiality with respect to the information Committee on Energy and Commerce of the sentence of subsection (f), and subsections (i), that is not non-identifiable. House of Representatives, a report con- (m), and (n)), unless the Secretary determines ‘‘(F) The provision of appropriate security cerning the results of the survey conducted that a modification of procedures would be more measures with respect to patient safety data. under paragraph (1).¿ suitable or reasonable to carry out this sub- ‘‘(G) The submittal to the Secretary of a cer- SECTION 1. SHORT TITLE. section and provides for such modification by tification pursuant to section 924. This Act may be cited as the ‘‘Patient Safety regulation.’’; ‘‘(4) PROVIDER.—The term ‘provider’ means— and Quality Improvement Act of 2003’’. (5) in section 938(1) (as so redesignated), by ‘‘(A) a person licensed or otherwise authorized under State law to provide health care services, SEC. 2. FINDINGS AND PURPOSES. striking ‘‘921’’ and inserting ‘‘931’’; and including— (a) FINDINGS.—Congress makes the following (6) by inserting after part B the following: ‘‘(i) a hospital, nursing facility, comprehen- findings: ‘‘PART C—PATIENT SAFETY sive outpatient rehabilitation facility, home (1) In 1999, the Institute of Medicine released IMPROVEMENT a report entitled To Err is Human that described health agency, hospice program, renal dialysis ‘‘SEC. 921. DEFINITIONS. medical errors as the eighth leading cause of facility, ambulatory surgical center, pharmacy, ‘‘In this part: death in the United States, with as many as physician or health care practitioner’s office, ‘‘(1) NON-IDENTIFIABLE INFORMATION.— 98,000 people dying as a result of medical errors long term care facility, behavior health residen- ‘‘(A) IN GENERAL.—The term ‘non-identifiable each year. tial treatment facility, clinical laboratory, or (2) To address these deaths and injuries due information’ means information that is pre- health center; or to medical errors, the health care system must sented in a form and manner that prevents the ‘‘(ii) a physician, physician assistant, nurse identify and learn from such errors so that sys- identification of a provider, a patient, or a re- practitioner, clinical nurse specialist, certified tems of care can be improved. porter of patient safety data. registered nurse anesthetist, certified nurse mid- (3) In their report, the Institute of Medicine ‘‘(B) IDENTIFIABILITY OF PATIENT.—For pur- wife, psychologist, certified social worker, reg- called on Congress to provide legal protections poses of subparagraph (A), the term ‘presented istered dietitian or nutrition professional, phys- with respect to information reported for the pur- in a form and manner that prevents the identi- ical or occupational therapist, pharmacist, or poses of quality improvement and patient safety. fication of a patient’ means, with respect to in- other individual health care practitioner; or (4) The Health, Education, Labor, and Pen- formation that has been subject to rules promul- ‘‘(B) any other person specified in regulations sions Committee of the Senate held 4 hearings in gated pursuant to section 264(c) of the Health promulgated by the Secretary. the 106th Congress and 1 hearing in the 107th Insurance Portability and Accountability Act of ‘‘SEC. 922. PRIVILEGE AND CONFIDENTIALITY Congress on patient safety where experts in the 1996 (42 U.S.C. 1320d–2 note), that the informa- PROTECTIONS. field supported the recommendation of the Insti- tion has been de-identified so that it is no longer ‘‘(a) PRIVILEGE.—Notwithstanding any other tute of Medicine for congressional action. individually identifiable health information as provision of Federal, State, or local law, patient (5) Myriad public and private patient safety defined in such rules. safety data shall be privileged and, subject to initiatives have begun. The Quality Interagency ‘‘(2) PATIENT SAFETY DATA.— the provisions of subsection (c), shall not be— Coordination Taskforce has recommended steps ‘‘(A) IN GENERAL.—The term ‘patient safety ‘‘(1) subject to a Federal, State, or local civil, to improve patient safety that may be taken by data’ means— criminal, or administrative subpoena; each Federal agency involved in health care ‘‘(i) any data, reports, records, memoranda, ‘‘(2) subject to discovery in connection with a and activities relating to these steps are ongo- analyses (such as root cause analyses), or state- Federal, State, or local civil, criminal, or admin- ing. ments that could result in improved patient istrative proceeding; (6) The research on patient safety unequivo- safety or health care quality or health care out- ‘‘(3) disclosed pursuant to section 552 of title cally calls for a learning environment, rather comes, that are— 5, United States Code (commonly known as the than a punitive environment, in order to im- ‘‘(I) collected or developed by a provider for Freedom of Information Act) or any other simi- prove patient safety. reporting to a patient safety organization, pro- lar Federal, State, or local law; (7) Voluntary data gathering systems are more vided that they are reported to the patient safe- ‘‘(4) admitted as evidence or otherwise dis- supportive than mandatory systems in creating ty organization within a reasonable period of closed in any Federal, State, or local civil, crimi- the learning environment referred to in para- time; nal, or administrative proceeding; or graph (6) as stated in the Institute of Medicine’s ‘‘(II) requested by a patient safety organiza- ‘‘(5) utilized in a disciplinary proceeding report. tion (including the contents of such request); against a provider.

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‘‘(b) CONFIDENTIALITY.—Notwithstanding any ‘‘(g) DISCLOSURE OR USE OF INFORMATION.— ‘‘(5) prohibit a provider from reporting crime other provision of Federal, State, or local law, ‘‘(1) IN GENERAL.—Except with respect to the to law enforcement authorities. and subject to the provisions of subsections (c) specific patient safety data that is used or dis- ‘‘SEC. 923. PATIENT SAFETY NETWORK OF DATA- and (d), patient safety data shall be confiden- closed, the disclosure or use of any patient safe- BASES. tial and shall not be disclosed. ty data in accordance with subsection (c) or (d) ‘‘(a) IN GENERAL.—The Secretary shall main- ‘‘(c) EXCEPTIONS TO PRIVILEGE AND CONFIDEN- shall not be treated as a waiver of any privilege tain a patient safety network of databases that TIALITY.—Nothing in this section shall be con- or protection established under this part. provides an interactive evidence-based manage- strued to prohibit one or more of the following ‘‘(2) INADVERTENT DISCLOSURE OR USE.—The ment resource for providers, patient safety orga- uses or disclosures: inadvertent disclosure or use of patient safety nizations, and other persons. The network of ‘‘(1) Disclosure by a provider or patient safety data shall not waive any privilege or protection databases shall have the capacity to accept, ag- organization of relevant patient safety data for established under this part with respect to such gregate, and analyze nonidentifiable patient use in a criminal proceeding only after a court data. safety data voluntarily reported by patient safe- makes an in camera determination that such pa- ‘‘(h) REPORTER PROTECTION.— ty organizations, providers, or other persons. tient safety data contains evidence of an inten- ‘‘(1) IN GENERAL.—A provider may not take an ‘‘(b) NETWORK OF DATABASE STANDARDS.— tional act to directly harm the patient. adverse employment action, as described in The Secretary may determine common formats ‘‘(2) Voluntary disclosure by a provider or pa- paragraph (2), against an individual based for the reporting to the patient safety network tient safety organization of information to the upon the fact that the individual in good faith of databases maintained under subsection (a) of Food and Drug Administration, or to a person reported information— nonidentifiable patient safety data, including that is subject to the jurisdiction of the Food ‘‘(A) to the provider with the intention of hav- necessary data elements, common and consistent and Drug Administration, with respect to a ing the information reported to a patient safety definitions, and a standardized computer inter- Food and Drug Administration-regulated prod- organization; or face for the processing of such data. To the ex- uct or activity for which that entity has respon- ‘‘(B) directly to a patient safety organization. tent practicable, such standards shall be con- sibility, for the purposes of activities related to ‘‘(2) ADVERSE EMPLOYMENT ACTION.—For pur- sistent with the administrative simplification the quality, safety, or effectiveness of a Food poses of this subsection, an ‘adverse employment provisions of part C of title XI of the Social Se- and Drug Administration-regulated product or action’ includes— curity Act. activity or a Food and Drug Administration pro- ‘‘(A) loss of employment, the failure to pro- ‘‘SEC. 924. PATIENT SAFETY ORGANIZATION CER- ceeding. mote an individual, or the failure to provide any TIFICATION AND LISTING. ‘‘(3) Voluntary disclosure of non-identifiable other employment-related benefit for which the ‘‘(a) CERTIFICATION.— patient safety data by a provider or a patient individual would otherwise be eligible; or ‘‘(1) INITIAL CERTIFICATION.—Except as pro- safety organization. ‘‘(B) an adverse evaluation or decision made vided in paragraph (2), an entity that seeks to ‘‘(4) Voluntary disclosure by a provider of pa- in relation to accreditation, certification, be a patient safety organization shall submit an tient safety data to the Centers for Disease Con- credentialing, or licensing of the individual. initial certification to the Secretary that the en- trol and Prevention for public health surveil- ‘‘(i) ENFORCEMENT.— tity intends to perform the activities described in lance, investigation, or other public health ac- ‘‘(1) PROHIBITION.—Except as provided in sub- subparagraphs (A) through (F) of section 921(3). tivities. sections (c) and (d) and as otherwise provided ‘‘(2) DELAYED CERTIFICATION OF COLLECTION ‘‘(d) PROTECTED DISCLOSURE AND USE OF IN- for in this section, it shall be unlawful for any FROM MORE THAN ONE PROVIDER.—An entity FORMATION.—Nothing in this section shall be person to negligently or intentionally disclose that seeks to be a patient safety organization construed to prohibit one or more of the fol- any patient safety data described in subsection may— lowing uses or disclosures: (a) and any such person shall, upon adjudica- ‘‘(A) submit an initial certification that it in- ‘‘(1) Disclosure by a provider or patient safety tion, be assessed in accordance with section tends to perform the activities described in sub- organization of information to which sub- 934(d). paragraph (A) through (F) of section 921(3) sections (a) or (b) applies to carry out activities ‘‘(2) RELATION TO HIPAA.—The penalty pro- other than the activities described in subpara- described in paragraph (2) or (3) of section 921. vided for under paragraph (1) shall not apply if graph (B) of such section; and ‘‘(2) Use or disclosure by a provider or patient the defendant would otherwise be subject to a ‘‘(B) within 2 years of submitting the initial safety organization of patient safety data in penalty under the regulations promulgated certification under subparagraph (A), submit a connection with providing treatment, improving under section 264(c) of the Health Insurance supplemental certification that it performs the patient safety, health care quality or adminis- Portability and Accountability Act of 1996 (42 activities described in section 921(3)(B). trative efficiency, or any other customary activ- U.S.C. 1320d–2 note) or under section 1176 of the ‘‘(3) EXPIRATION AND RENEWAL.— ity of the provider or in obtaining payment. Social Security Act (42 U.S.C. 1320d–5) for the ‘‘(A) EXPIRATION.—An initial certification ‘‘(3) Disclosure of patient safety data among same disclosure. under paragraph (1) or (2)(A) shall expire on patient safety organizations. ‘‘(3) EQUITABLE RELIEF.—Without limiting the date that is 3 years after it is submitted. ‘‘(4) Disclosure of patient safety data by a remedies available to other parties, a civil action ‘‘(B) RENEWAL.— provider or patient safety organization to grant- may be brought by any aggrieved individual to ‘‘(i) IN GENERAL.—An entity that seeks to re- ees or contractors carrying out patient safety re- enjoin any act or practice that violates sub- main a patient safety organization after the ex- search, evaluation, or demonstration projects section (h) and to obtain other appropriate equi- piration of an initial certification under para- authorized by the Director. table relief (including reinstatement, back pay, graph (1) or (2)(A) shall, within the 3-year pe- ‘‘(5) Disclosure of patient safety data by a and restoration of benefits) to redress such vio- riod described in subparagraph (A), submit a re- provider to an accrediting body that accredits lation. newal certification to the Secretary that the en- that provider. ‘‘(4) ACTIONS AGAINST STATE EMPLOYEES.— tity satisfies the criteria described in subpara- ‘‘(e) CONTINUED PROTECTION OF INFORMA- Notwithstanding subsection (a), with respect to graph (A) through (F) of section 921(3). TION.—Patient safety data used or disclosed in a State employer, the privilege described in such ‘‘(ii) TERM OF RENEWAL.—A renewal certifi- accordance with subsection (d) shall continue to subsection shall not apply to such employer un- cation under clause (i) shall expire on the date be privileged and confidential in accordance less the employer consents, in advance, to be that is 3 years after that date on which it is sub- with subsections (a) and (b) and shall not be subject to a civil action under paragraph (3). mitted, and may be renewed in the same manner disclosed— ‘‘(j) RULE OF CONSTRUCTION.—Nothing in this as an initial certification. ‘‘(1) by an entity that possessed such informa- section shall be construed to— ‘‘(b) ACCEPTANCE OF CERTIFICATION.—Upon tion before such use or disclosure; or ‘‘(1) limit other privileges that are available the submission by an organization of an initial ‘‘(2) by an entity to which the information under Federal, State, or local laws that provide certification pursuant to subsection (a)(1) or was disclosed; greater confidentiality protections or privileges (a)(2)(A), a supplemental certification pursuant unless such additional disclosure is permitted than the privilege and confidentiality protec- to subsection (a)(2)(B), or a renewal certifi- under subsection (d). tions provided for in this section; cation pursuant to subsection (a)(3)(B), the Sec- ‘‘(f) LIMITATION ON ACTIONS.— ‘‘(2) limit, alter, or affect the requirements of retary shall review such certification and— ‘‘(1) PATIENT SAFETY ORGANIZATIONS.—Except Federal, State, or local law pertaining to pa- ‘‘(1) if such certification meets the require- as provided in subsection (c), no action may be tient-related data that is not privileged or con- ments of subsection (a)(1) or (a)(2)(A), (a)(2)(B), brought or process served against a patient safe- fidential under this section; or (a)(3)(B), as applicable, the Secretary shall ty organization to compel disclosure of informa- ‘‘(3) alter or affect the implementation of any notify the organization that such certification is tion collected or developed under this part provision of section 264(c) of the Health Insur- accepted; or whether or not such information is patient safe- ance Portability and Accountability Act of 1996 ‘‘(2) if such certification does not meet such ty data. (Public Law 104–191; 110 Stat. 2033), section 1176 requirements, as applicable, the Secretary shall ‘‘(2) PROVIDERS.—An accrediting body shall of the Social Security Act (42 U.S.C. 1320d–5), or notify the organization that such certification is not take an accrediting action against a pro- any regulation promulgated under such sec- not accepted and the reasons therefore. vider based on the good faith participation of tions; ‘‘(c) LISTING.— the provider in the collection, development, re- ‘‘(4) limit the authority of any provider, pa- ‘‘(1) IN GENERAL.—Except as otherwise pro- porting, or maintenance of patient safety data tient safety organization, or other person to vided in this subsection, the Secretary shall in accordance with this part. An accrediting enter into a contract requiring greater confiden- compile and maintain a current listing of pa- body may not require a provider to reveal its tiality or delegating authority to make a disclo- tient safety organizations with respect to which communications with any patient safety organi- sure or use in accordance with subsection (c) or the Secretary has accepted a certification pursu- zation established in accordance with this part. (d); and ant to subsection (b).

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 6333 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8631 ‘‘(2) REMOVAL FROM LISTING.—The Secretary patient safety organizations to discuss method- legislation is designed to create a cul- shall remove from the listing under paragraph ology, communication, data collection, or pri- ture in which medical professionals (1)— vacy concerns. feel secure in reporting errors without ‘‘(A) an entity with respect to which the Sec- ‘‘SEC. 926. PROMOTING THE INTEROPERABILITY retary has accepted an initial certification pur- OF HEALTH CARE INFORMATION fear of punishment, and it is right to suant to subsection (a)(2)(A) and which does TECHNOLOGY SYSTEMS. do so. But we must be careful that in not submit a supplemental certification pursu- ‘‘(a) DEVELOPMENT.—Not later than 36 doing so, we do not actually shield ant to subsection (a)(2)(B) that is accepted by months after the date of enactment of the Pa- those who have negligently or inten- the Secretary; tient Safety and Quality Improvement Act of tionally caused harm to patients. We ‘‘(B) an entity whose certification expires and 2003, the Secretary shall develop or adopt vol- must also make sure not to interfere which does not submit a renewal application untary national standards that promote the that is accepted by the Secretary; and electronic exchange of health care information. with existing State laws on reporting. ‘‘(C) an entity with respect to which the Sec- ‘‘(b) UPDATES.—The Secretary shall provide The proposal that the Senate con- retary revokes the Secretary’s acceptance of the for the ongoing review and periodic updating of siders today has made substantial and entity’s certification, pursuant to subsection (d). the standards developed under subsection (a). welcome progress on these and other ‘‘(d) REVOCATION OF ACCEPTANCE.— ‘‘(c) DISSEMINATION.—The Secretary shall pro- ‘‘(1) IN GENERAL.—Except as provided in para- vide for the dissemination of the standards de- important issues, and I look forward to graph (2), if the Secretary determines that a pa- veloped and updated under this section. making further progress in conference tient safety organization does not perform any ‘‘SEC. 927. AUTHORIZATION OF APPROPRIATIONS. with our colleagues in the House. I will activity described in subparagraph (A) through ‘‘There is authorized to be appropriated such do all I can to see that we continue the (F) of section 921(3), the Secretary may, after sums as may be necessary to carry out this bipartisan cooperation that has al- notice and an opportunity for a hearing, revoke part.’’. lowed today’s important action. I look the Secretary’s acceptance of the certification of SEC. 4. STUDIES AND REPORTS. such organization. (a) IN GENERAL.—The Secretary of Health and forward to working with our colleagues ‘‘(2) DELAYED CERTIFICATION OF COLLECTION Human Services shall enter into a contract in the House to produce a conference FROM MORE THAN ONE PROVIDER.—A revocation (based upon a competitive contracting process) report that includes the best features under paragraph (1) may not be based on a de- with an appropriate research organization for of the Senate and House proposals. I termination that the organization does not per- the conduct of a study to assess the impact of believe that several features of the bi- form the activity described in section 921(3)(B) medical technologies and therapies on patient partisan House legislation are worth if— safety, patient benefit, health care quality, and close consideration by the conference, ‘‘(A) the listing of the organization is based the costs of care as well as productivity growth. on its submittal of an initial certification under Such study shall examine— including the strong protections subsection (a)(2)(A); (1) the extent to which factors, such as the against conflict of interest. ‘‘(B) the organization has not submitted a use of labor and technological advances, have I hope that this legislation is the be- supplemental certification under subsection contributed to increases in the share of the gross ginning of our action on patient safe- (a)(2)(B); and domestic product that is devoted to health care ‘‘(C) the 2-year period described in subsection and the impact of medical technologies and ty—not the conclusion. Other steps are (a)(2)(B) has not expired. therapies on such increases; also necessary. The Federal Govern- ‘‘(e) NOTIFICATION OF REVOCATION OR RE- (2) the extent to which early and appropriate ment should play a leading role in the MOVAL FROM LISTING.— introduction and integration of innovative med- quest for improving quality and safety ‘‘(1) SUPPLYING CONFIRMATION OF NOTIFICA- ical technologies and therapies may affect the for patients. Indeed, the very title of TION TO PROVIDERS.—Within 15 days of a rev- overall productivity and quality of the health one of IOM’s most important reports, ocation under subsection (d)(1), a patient safety care delivery systems of the United States; and organization shall submit to the Secretary a (3) the relationship of such medical tech- ‘‘Leadership by Example,’’ highlights confirmation that the organization has taken all nologies and therapies to patient safety, patient the central role that the Federal Gov- reasonable actions to notify each provider benefit, health care quality, and cost of care. ernment must play in transforming the whose patient safety data is collected or ana- (b) REPORT.—Not later than 18 months after quality of health care. lyzed by the organization of such revocation. the date of enactment of this Act, the Secretary ‘‘(2) PUBLICATION.—Upon the revocation of an of Health and Human Services shall prepare I thank all my colleagues from both acceptance of an organization’s certification and submit to the appropriate committees of sides of the aisle, who came together under subsection (d)(1), or upon the removal of Congress a report containing the results of the and put their differences aside to bring an organization from the listing under sub- study conducted under subsection (a). this legislation to the floor. This legis- section (c)(2), the Secretary shall publish notice Mr. KENNEDY. Mr. President, I com- lation sends a promising message that of the revocation or removal in the Federal Reg- mend Senator GREGG, Senator JEF- every patient in America will receive ister. FORDS, Senator DODD, SENATOR FRIST, ‘‘(f) STATUS OF DATA AFTER REMOVAL FROM effective, high quality health care. Senator SESSIONS, and all of the other LISTING.— Mr. JEFFORDS. Mr. President, I am Democratic and Republican members ‘‘(1) NEW DATA.—With respect to the privilege very pleased that today the Senate will and confidentiality protections described in sec- of our Health committee who have de- voted extraordinary energy and skill to pass a measure that many have worked tion 922, data submitted to an organization on for many years. The Patient Safety within 30 days after the organization is removed finding bipartisan consensus on the from the listing under subsection (c)(2) shall complex issue of medical errors and and Quality Improvement Act, and have the same status as data submitted while improving patient safety. similar companion legislation, have the organization was still listed. For even one American to die from been the focus of considerable efforts ‘‘(2) PROTECTION TO CONTINUE TO APPLY.—If an avoidable medical error is a trag- by many of our colleagues since 1999. I the privilege and confidentiality protections de- must thank Senator GREGG, Senator scribed in section 922 applied to data while an edy. That thousands die every year is a national disgrace—and an urgent call KENNEDY and our other colleagues for organization was listed, or during the 30-day all their hard work in bringing S. 720 period described in paragraph (1), such protec- to action. tions shall continue to apply to such data after More than 4 years ago, the Institute before the Senate today. the organization is removed from the listing of Medicine reported that medical er- In 1999, Americans were shocked by under subsection (c)(2). rors cause 98,000 deaths every year. The the findings of the landmark Institute ‘‘(g) DISPOSITION OF DATA.—If the Secretary IOM recommended that health care of Medicine study on medical errors. As revokes the acceptance of an organization’s cer- professionals should be encouraged to we all know, that study reported that tification under subsection (d)(1) and removes report medical errors, without fearing the organization from the listing as provided for the number of deaths associated with in subsection (c)(2), with respect to the patient that their reports will be used against medical errors could be as high 98,000 safety data that the organization received from them. Our legislation implements this each year. sensible recommendation by estab- providers, the organization shall— Most importantly, the report noted ‘‘(1) with the approval of the provider and an- lishing patient safety organizations to that more than half of these deaths re- other patient safety organization, transfer such analyze medical errors and recommend sulted from preventable errors—need- data to such other organization; ways to avoid them in future. The leg- ‘‘(2) return such data to the provider of that islation also creates a legal privilege less deaths that could have been pre- patient safety data; or vented if we only had a system in place ‘‘(3) if returning such data to the provider is for material reported to these safety organizations, while seeing that origi- that would help providers learn from not practicable, destroy such data. each other’s mistakes. ‘‘SEC. 925. TECHNICAL ASSISTANCE. nal records, such as a patient’s chart, ‘‘The Secretary, acting through the Director, remain accessible to patients. The bill starts with a simple premise. may provide technical assistance to patient safe- Drawing the boundaries of this privi- Let’s set up a system that helps our ty organizations, including annual meetings for lege requires a careful balance. The health

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8632 CONGRESSIONAL RECORD — SENATE July 22, 2004 care providers learn from each other. viewed articles in the leading journals of bio- Because it appropriately addresses an obvi- Let’s set up a system that promotes medical research, including the Journal of ous need and concern, the Jeffords Patient the reporting and analysis of medical the American Medical Association, the Lan- Safety and Quality Improvement Act has en- cet, and the New England Journal of Medi- errors. Let’s set up a system that en- joyed widespread endorsement by hospital, cine. patient, doctor, and consumer advocacy or- genders the trust of providers and the When I was Chairman of the Senate Com- ganizations. This degree of support under- patients they serve. mittee on Health, Education, Labor, and scores the broad appeal and essential nature Of course, we also live in a complex Pensions in 1999, I undertook several hear- of this proposed legislation. society, one in which medical errors ings—five in all—to examine this issue and In the time since the release of To Err is that may have harmed a patient might discuss the recommendations of the To Err is Human, the Congress has been unable to also be the basis for litigation. It is a Human report. The testimony overwhelm- enact sensible legislation to reduce medical ingly agreed with several of the original In- right under our laws to seek a remedy errors and increase patient safety. However I stitute of Medicine recommendations. believe we can accomplish that goal this when harmed, and we need to preserve Perhaps the most important of these rec- year. The House of Representatives has al- ommendations stress that improving patient access to certain information for this ready passed its version of patient safety leg- safety requires a learning environment rath- redress of grievances. islation and we are working to pass the Pa- er than a punitive environment; voluntary However, an unfortunate con- tient Safety and Quality Improvement Act data gathering systems as opposed to manda- sequence of living in a litigious society in the Senate. I am hopeful that we can rec- tory systems; and appropriate legal protec- is that hospitals and providers often oncile disagreements that have previously tions—including confidentiality and privi- stopped this legislation from moving forward feel that it’s not in their best interests lege from discovery—that allow for the re- and I am committed to seeing that happen. to share information openly and hon- view and analysis of medical error informa- It has been three years since the release of estly. We know, in fact, that their at- tion. torneys and risk managers often advise In response to this focused attention, a the IOM report. That means, based on the myriad of public and private patient safety IOM’s statistics, that an additional 300,000 them not to do so. So, in order for our deaths and an untold number of injuries have system to work, it needs to balance initiatives have begun. The Department of Health and Human Services has initiated occurred from medical errors. We need to these sometimes competing demands. several patient safety projects, including apply Hippocrates’ admonition to ‘‘first, do The bill we are considering strikes project grants funded by the Agency for no harm’’ beyond the medical community to this balance. It calls for the creation of Healthcare Research and Quality AHRQ. The the legislative community. We need to pass new entities we call Patient Safety Or- work of the Veteran’s Administration in de- legislation now that will help the health care ganizations that would collect volun- veloping and implementing innovative pa- community stop the needless injury caused tarily reported patient safety data. tient safety systems—especially in the area by unintentional medical errors. This bill provides the protections of of medication management—has drawn at- Mr. JEFFORDS. I offer my apprecia- confidentiality and privilege to that tention from throughout the country. In ad- tion to the many contributions from dition, the Quality Interagency Coordination Chairman GREGG, Ranking Member patient safety data, but the bill also Taskforce has recommended steps to im- sets definite limitations on what can prove patient safety that can be taken by KENNEDY, and Senators FRIST, BREAUX, be considered confidential and privi- each Federal agency involved in health care, ENZI, SESSIONS, DODD, and BINGAMAN. leged. and agency activities to implement these We legislate many essential issues in This legislation does nothing to re- steps are ongoing. the Congress, but rarely can we say duce or affect other Federal, State or In addition, several non-governmental or- that what we do is a matter of life and local legal requirements pertaining to ganizations and professional societies have death. This, however, is one of those ‘‘stepped up to the plate’’ of patient safety. issues. The time to act is long overdue. health related information. Nor does The Joint Commission on Accreditation of this bill alter any existing rights or Healthcare Organizations, the U.S. Pharma- This is an area where delay will lead to remedies available to injured patients. copoeia, the American Medical Association, deaths that can be prevented. I urge all The bottom line is that this legislation and other health care providers including the of my colleagues to vote in support of neither strengthens nor weakens the American Federation of Hospitals and Amer- this bill. existing system of tort and liability ican Hospital Association have launched in- Mr. FRIST. I ask unanimous consent law. novative efforts dedicated to improving pa- that the amendment at the desk be tient safety. However, many of the organiza- agreed to, the committee amendment Instead, the legislation before us cre- tions currently collecting patient safety ates a new, parallel system of informa- data have expressed the need for legal pro- as amended be agreed to, the bill as tion collection and analysis, designed tections that will allow them to review pro- amended be read a third time, and the to educate our doctors and protect pa- tected information so that they may collabo- HELP Committee be discharged from tients’ safety everywhere. This bill re- rate in the development and implementation further consideration of H.R. 663, and flects difficult negotiations and many of patient safety improvement strategies. the Senate proceed to its consider- compromises over almost 5 years of The work of Lucien Leape, a member of ation; provided that all after the enact- the IOM panel and adjunct professor of ing clause be stricken and the text of consideration. Through the contribu- health policy at Harvard University, has sup- tions of Members on both sides of the ported this view. Dr. Leape has argued per- S. 720, as amended, be inserted in lieu aisle, this legislation has been greatly suasively that we as a society will continue thereof; provided further that the bill, strengthened since I first introduced it to have difficulty in reducing medical errors as amended, be read a third time and back in the 106th Congress. I have ap- and improving patient safety because our in- passed, the Senate insist upon its pended these remarks with an article I stitutions are ‘‘still locked into a blame and amendment and request a conference wrote that provides a more detailed de- punish approach to errors and a focus on in- with the House of Representatives on dividual culpability,’’ and that ‘‘the fear of the disagreeing votes of the two scription of the efforts that have been malpractice litigation thus becomes a major made to reduce medical errors and I barrier to openly discussing and reporting Houses, and the Chair be authorized to ask unanimous consent that it will be errors.’’ appoint conferees with a ratio of 4 to 3. printed in the RECORD. I have introduced legislation with my col- Finally, I ask unanimous consent There being no objection, the mate- leagues, Senators Bill Frist, John Breaux, that S. 720 be returned to the Calendar. rial was ordered to be printed in the and Judd Gregg, which seeks to address The PRESIDING OFFICER. Is there these concerns. The legislation raises expec- RECORD, as follows: objection? tations for higher standards for continuous Mr. REID. Mr. President, reserving FIRST, DO NO HARM patient safety improvement and it encour- With the publication of the Institute of ages a new and needed culture of patient the right to object, I was on the Senate Medicine IOM study, To Err is Human 1999, safety among health care providers and floor a few weeks ago with the distin- we were all reminded that Hippocrates’ American hospitals. The bill accomplishes guished chairman of the HELP Com- maxim to ‘‘first, do no harm’’ is as relevant these goals by establishing appropriate legal mittee. At that time there was an at- to the practice of medicine today as it was in protections for patient safety information tempt to move the bill. 400 B.C. The IOM report was among the first voluntarily shared among patient safety or- I said at that time this bill could be to galvanize national attention on the issue ganizations and providers. Our legislation re- done. There were ways we could accom- of patient safety when it reported that med- flects the belief that a culture of patient ical errors contribute to approximately safety can flourish only in an environment plish it. This is an extremely impor- 100,000 patient deaths a year. This startling where information, data, process, and rec- tant piece of legislation. Through the and troubling statistic has been verified in ommendations enjoy legal protection and Chair to the distinguished majority subsequent studies and cited in peer re- privilege. leader, he knows better than I. He is a

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8633 physician. But from what I know of pa- I think the fundamental structure of Committee on Health, Education, tient safety, this is an extremely im- the bill went through the committee Labor, and Pensions put into this bill, portant piece of legislation, and we unanimously. It shows tremendous particularly Chairman GREGG, Major- have been able to do it. We are going to leadership. ity Leader FRIST, the lead sponsor Sen- be able to go to conference. There has There were disagreements on a few ator JEFFORDS, and Senators SESSIONS been agreement between the Chair and items that have been worked out, with and KENNEDY. the ranking member. I think this is an Senator GREGG’s leadership, working I also thank the staff who worked so important step forward. with Senator KENNEDY. With that, we diligently over the course of this Con- I would say, through the Chair to my have a very good bill, a strong bill that gress to craft this legislation, particu- friend who is not here, the distin- will change systems of health care in a larly Vince Ventimiglia, Peggy Carl- guished chairman of the HELP Com- positive way, and clinics and hospitals son, David Fisher, Dean Rosen, Jim mittee, I am glad he brought this to and physicians offices such that we can Hippe, Sean Donohue, Megan Clarke, the Senate’s attention. I am glad we eliminate or greatly reduce the number David Nexon, David Bowen, and of did not agree to what his unanimous of unnecessary medical errors that course Stephen Northrup with my of- consent request was at that time. But occur in large part through systems ap- fice. we were able to get it done, and I am proaches. Mr. President, I suggest the absence of a quorum. very happy for that. Just an example would be if some- The PRESIDING OFFICER. The I have no objection. This is an impor- body is on 10 different medicines and clerk will call the roll. tant piece of legislation. I now wish the somebody prescribes a new medicine. The legislative clerk proceeded to conferees well. You don’t know the interaction of call the roll. The PRESIDING OFFICER. Without those medicines. You need a system to Mr. FRIST. Mr. President, I ask objection, it is so ordered. identify that. That sort of organized, unanimous consent that the order for The amendment (No. 3568) was agreed commonsense approach to improve sys- the quorum call be rescinded. to. tems is made possible by this bill. The PRESIDING OFFICER. Without (The amendment is printed in today’s Mr. ENZI. Mr. President, the Senate objection, it is so ordered. RECORD under ‘‘Text of Amendments.’’) this evening has taken a major step to- f The committee amendment in the ward better and safer health care for nature of a substitute, as amended, was all Americans. UNITED STATES-MOROCCO FREE- agreed to. Tonight, we approved the Patient TRADE AGREEMENT IMPLEMEN- The bill (H.R. 663), as amended, was Safety and Quality Improvement Act. TATION ACT read the third time and passed. The goal of this legislation is to allow The PRESIDING OFFICER. Under (The bill will be printed in a future health care providers some freedom the previous order, the Senate having edition of the RECORD.) from legal fear so they can do what we received H.R. 4842, the companion The Presiding Officer (Mr. ENZI) ap- all strive to do every day—learn from measure to S. 2677, an act to imple- pointed Mr. GREGG, Mr. FRIST, Mr. our mistakes. ment the United States-Morocco Free- ENZI, Mr. ALEXANDER, Mr. KENNEDY, This bill would create a framework Trade Agreement, the House bill is Mr. DODD, and Mr. JEFFORDS conferees through which hospitals, doctors, and read a third time and passed; the pas- on the part of the Senate. other health care providers can work sage of S. 2677 is vitiated, and the bill Mr. FRIST. Mr. President, I do want to improve health care quality in a is returned to the Calendar. to congratulate Senator GREGG, chair- protected legal environment. It would The bill (H.R. 4842) was read the third man of the HELP Committee, and accomplish this by granting privilege time and passed. ranking member, Senator KENNEDY. and confidentiality protections to The PRESIDING OFFICER. The ma- This is a piece of legislation that peo- health care providers to allow them to jority leader. ple can trace. Several years ago, the report health care errors and ‘‘near f Institute of Medicine did an out- misses’’ to patient safety organiza- THE DEPARTMENT OF DEFENSE standing report. We rely on the Insti- tions. APPROPRIATIONS BILL tute of Medicine again and again to ob- This bill would not permit anyone to Mr. FRIST. Mr. President, a few min- jectively, in a nonpartisan way, look at hide information about a medical mis- utes ago we passed the Department of a whole range of issues, from the fi- take. Lawyers would still have access Defense appropriations bill, with a vote nancing of health care, health care de- to medical records and other informa- of 96 to 0. I want to take this oppor- livery, preventive health care, acute tion that would normally be discover- tunity to congratulate the chairman of treatment, chronic treatment. They able in a legal proceeding. However, the Appropriations Committee, who is really respond very much to outside the bill would ensure that the analysis also chairman of the Defense Sub- bodies like the Senate and do studies. of that information by patient safety committee, Senator STEVENS, and his One great study they did—people organizations would take place on a ranking member, Senator INOUYE, on have argued their numbers aren’t ex- separate track in a protected legal en- bringing this first appropriations con- actly right, too high, too low—but it vironment. ference report for next year to comple- was that about 100,000 people die every Under the bill, patient safety organi- tion. year from systems’ lapses, medical er- zations would have the freedom to col- This is a critically important bill. It rors. Those are, for the most part, pre- lect and analyze data on health care er- provides nearly $418 billion in resources ventable deaths, if you improve the rors in confidence, and then report to our dedicated men and women in the systems. This bill goes right at the their findings to the health care com- global war on terrorism. The legisla- heart of improving the systems and munity. These findings would help tion will immediately make available does so in a way that relies on individ- health care providers understand how $26.8 billion to the Department of De- uals who may observe something that mistakes happen in our health care fense as emergency appropriations to didn’t work out, sharing that data with system, and how to prevent them. cover the costs associated with oper- their peers in a way that they do not If we can reach an agreement in con- ations in Iraq and Afghanistan, upon have to fear lawsuits. ference in the House and send this bill signature by the President. Obviously, if there is wrongdoing, to the President, health care providers As GAO reported this week, these lawsuits would be appropriate. But, if will be much more likely to share in- funds are needed, and they are needed it is an error, minor error, or even a formation about honest mistakes, be- quickly, for the operation and mainte- more serious error, it can be addressed cause they will have some assurance nance and military personnel through upfront in a way that you do not have that the analysis of their information the end of the current fiscal year. Fur- to be afraid somebody is going to come won’t result in a tidy package of infor- ther, critical funding is provided imme- in and crush you from the outside. mation that a personal injury lawyer diately to the Department of State for I say that because it is a bipartisan could use against them in court. our diplomatic programs, for our con- bill. It went through the Health, Edu- I express my appreciation for the sular programs, and embassy security cation, Labor and Pension Committee. hard work that the members of the in Iraq.

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8634 CONGRESSIONAL RECORD — SENATE July 22, 2004 There are other programs funded in must identify and prioritize actual or In the meantime, as we wrap up for this important legislation that I want potential terrorist sanctuaries. For the August recess and the conventions, to thank the conferees for addressing. each, it should have a realistic strat- I would like to take a moment to high- Mr. President, $95 million is provided egy to keep possible terrorists insecure light a few of the recent legislative ac- immediately to USAID and the State and on the run, using all elements of complishments. Yesterday I had the Department to address the tragic national power. honor of attending the Rose Garden moral and humanitarian crisis that is This legislation funds our national signing ceremony for Project Bio- occurring in the Darfur region of the power. It is appropriate it is the first shield. It is an issue that was first pro- Sudan. appropriations bill this year to pass posed by the President in his 2003 State I am hopeful Secretary Powell’s and and to be sent to President Bush. of the Union Address to Congress. As U.N. Secretary General Kofi Annan’s Again, I congratulate Chairman STE- with his broader efforts to defend the discussions today in New York will re- VENS, as well as the ranking member, homeland, President Bush has dem- sult in the Sudanese Government ful- and all of the committee members of onstrated once again his determination filling its recent commitment to end the subcommittee and the entire Ap- to protect the American people, to the attacks in the Darfur region by dis- propriations Committee for this out- make America safer, and that is ex- arming the Janjaweed. standing piece of legislation. actly what this bioshield legislation I am particularly concerned our new f does. Ambassador—our former colleague in SENATE ACCOMPLISHMENTS Because of the President’s leadership, this body, Senator John Danforth—is the Nation’s defenses against biological reported today as saying the situation Mr. FRIST. Mr. President, on a sepa- threats, against chemical threats, in Darfur is not getting better but is rate topic, I want to take a few mo- against radiological threats will be getting worse. Mr. President, $95 mil- ments before going out on recess, look- substantially strengthened. Project ing back over the last several weeks lion in humanitarian and refugee as- Bioshield is a gratifying example of, and sharing with my colleagues some sistance provided in this legislation is once again, both sides of the aisle of the very positive things we have critical, but security and stability working together in the best interest been able to accomplish, positive issues must be secured in the region if this as- of the American people. I commend the and bills that will have a direct impact sistance which we are delivering is ever President for his leadership in the ini- on people throughout America and to really reach the people who are in tial proposal, Chairman GREGG, Sen- also, indeed, throughout the world. need. As we all know, in the Darfur re- We have had a productive year. ator KENNEDY, and all of my colleagues gion, tens of thousands of people have Among our many legislative accom- who worked together to craft this leg- died, and over a million people are di- plishments, the Senate passed the Laci islation, including Senator HATCH who rectly affected in this very large west- and Conner’s law, the Crime Victims was early to see the need for this ini- ern region in Sudan. Act, the child nutrition reauthoriza- tiative. Only 2 months ago our enemies deto- I wish it were not necessary, but it is tion, and the Internet access tax mora- nated a sarin-laced roadside bomb in good this legislation will also provide torium. Each of these initiatives ex- Iraq. Fortunately, their plan did not $19 million to improve amputee care at presses our values. Each will help pro- the Walter Reed Medical Center for tect the American family. succeed in effectively dispersing the prosthetic limb development and ap- In this past month, since the last re- nerve agent. But it underscored the plied research. Many of us in this body cess, we have been able to build on fact that these weapons exist, that we have had the opportunity to visit the those successes. I commend my col- must be vigilant. Right here at home men and women—the soldiers—who leagues for their tremendous work, we had the anthrax assault, used as a have been so directly impacted at Wal- their hard work, each and every day weapon up and down the east coast not ter Reed. We thank them for their serv- over July. that long ago, resulting in panic, paral- ice, we thank them for their patriot- We had the opportunity today to re- ysis, and death. We have had anthrax ism, and we are gratified that this $19 ceive the report from the 9/11 Commis- here in the Nation’s Capital. We have million will at least address one dimen- sion, and we have heard about it on the had ricin here in the Nation’s Capital. sion, and that is the dimension of am- floor of the Senate today. We heard Project Bioshield allows us to become putee care at that wonderful, out- about it in our briefings today and yes- proactive in developing a whole range standing medical center. terday. We have heard us all commend of countermeasures. There is over $18.2 billion for the De- the 9/11 Commission for their efforts to Earlier today—now about 12 hours fense Health Program, an increase of produce a genuinely bipartisan docu- ago—in keeping with our commitment over $2.5 billion over last year’s level. I ment. That is the way it was received. to secure the homeland, the President am pleased this legislation fully funds In talking to the Commission mem- signed another bill, a bill called the the 3.5-percent military pay raise and bers, that is the way each step along Law Enforcement Officers Safety Act increases our service men’s and wom- the way the 9/11 Commission acted: in of 2000. It is a product of a number of en’s basic housing allowance for hous- a bipartisan manner. our colleagues. Our distinguished col- ing, putting additional money into I have not had the opportunity to league from Colorado, Senator CAMP- their pocket. read the whole report. It is a large BELL, has worked on this bill for years On the domestic front, it is appro- book people have had on the floor and years. It was developed in a bipar- priate this legislation also provides a today. But I have read the summary tisan way, once again. On the House half billion dollars, $500 million, in and been in on the briefings. The only side, Congressman DUKE CUNNINGHAM emergency assistance to the Depart- way I can describe it is, it provides a was a real leader on this particular ments of Labor and Agriculture to ad- sobering account of the events leading bill. This bill had been a No. 1 legisla- dress the growing cost of increasing up to September 11. It offers valuable tive priority of our Nation’s law en- forest fires this summer that we see in recommendations—one I just referred forcement officers, and I am proud of the West, as well as in Alaska. to a few moments ago—for how Amer- this bipartisan effort to support law We should also point out the legisla- ica can better protect itself, how we enforcement and public safety. The law tion provides $50 million to Boston and can act to make America safer. allows current and retired police offi- to to help defray some I again thank the Commission mem- cers to carry a concealed weapon in of the costs associated with our upcom- bers. They have worked hard over the any of the 50 States. ing national conventions. last several months to produce this What that means is that America Mr. President, this is critical legisla- outstanding document, a document will not allow the tens of thousands of tion for our national security. It is that will be invaluable in the months trained and certified law enforcement somewhat ironic that we voted on this ahead as we deliberate. There will be a officers who are out there serving us legislation the same day that the 9/11 lot of deliberation, and the Democratic and out there protecting us every day Commission released its report because leader and I will comment on that a across the country to be denied the po- the first recommendation of that re- little bit later in a colloquy on how tential opportunity to be called upon, port was that the U.S. Government best to strengthen America’s defenses. if need be, with assistance. In a post-9/

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8635 11 world, it is imperative that we all 150,000 African jobs, but 300,000 African omy. It is our duty to serve America’s use every resource possible to protect jobs. best interests and not to be serving ourselves, and that includes America’s It has helped to pump more than $340 special interests. men and women in blue. million into the African economies and When we return after the recess, we In addition to our efforts to improve has forged a place for Africa in the have a real challenge, and the chal- security, this month we took impor- global trade market. I hope other coun- lenge is to address all of the appropria- tant steps globally in terms of our eco- tries will look at the success of this tions bills. I have been in conversation nomic standing in the world. Six days program and reexamine their trade with the Democratic leader, the Demo- ago we passed the Australia free-trade preferences toward Africa. I hope other cratic leadership, and Chairman STE- agreement, and earlier this week we countries will take this opportunity, VENS, who has been in discussion with passed the Morocco free-trade agree- looking at the leadership of the United Senator BYRD, and all about the rec- ment. I had the opportunity to talk to States, to study their own trade rela- ognition that the month of September the King of Morocco today and reiter- tions with the region and do what we is going to focus, in large part, on ated to him the plus this trade agree- have done in this country, and that is these appropriations bills. ment will be for the United States and improve them. We also need to turn our attention to workers in the United States, both the Domestically, over the last several finishing the FSC/ETI bill, the JOBS Australia and Morocco free-trade bills, weeks we have passed a lot of legisla- bill that we need to get to conference. but also to reiterate what the Presi- tion. In one area we had a significant We have actually appointed Senate dent of the United States had told the breakthrough in confirming one of conferees, and the House will be ap- King of Morocco when he said: Trade is President Bush’s judicial nominees. I pointing their conferees. I am not sure an important part of good foreign pol- mention this one in particular because if they will appoint them later tonight icy. It is an important part of making the confirmation of Judge Jay Leon or when we get back. It is a very im- sure Americans can find jobs. Holmes, who was confirmed to the U.S. portant bill. The Australia agreement has a huge District Court, ultimately had bipar- We have had a lot of discussions over impact right here in the United States tisan support. But it took about 18 the course of the day on the highway of America. It is expected to create as months of hard work, where there was bill, and I think some progress, indeed, many as 40,000 new jobs. We can expect a lot of attack and a lot of obstruction. has been made on the highway bill. It an increase of about $2 billion annually Ultimately, Judge Holmes was con- is going to be challenging to do because in trade for the United States and Aus- firmed this month. we are a long way from any sort of con- tralia by 2010. At $9 billion, our trade Unfortunately, today our Democratic sensus on that bill, but we all know surplus with Australia counts as the colleagues voted against permitting how important it is. Although it has not been on the floor largest with any nation. More than 99 three circuit court judges from getting of the Senate every day, at some point percent of our exports to Australia will an up-or-down vote. Judge Henry Saad, there are discussions on the impor- enter duty-free once this agreement Judge David McKeague, and Judge tance of having a national energy plan. goes into effect. In my home State of Richard Griffin all received support from a majority of Senators, but not I take this opportunity to mention it Tennessee, Australia is a powerful mar- because a lot of people have said: This ket, a large market for our goods. In this new threshold of having to get a supermajority of 60 votes which is was filibustered; that was blocked; you fact, Tennessee exports more to Aus- needed to break these unprecedented are not going to be able to come back tralia than to France. and address that legislation. Indeed, we With regard to Morocco, more than filibusters we have had this session. This brings to 10 the number of have only probably 20 legislative days 95 percent of bilateral trade in con- judges filibustered and, I would argue, left in this session, but as long as peo- sumer and industrial products will be- as was argued earlier on the floor ple keep working in a bipartisan way, come duty-free. The Morocco agree- today, that is 10 too many. We would we have the potential for more fully ment is the best yet of any United say that any is too many; that each of addressing our energy challenges. States free-trade agreement with a de- these judges deserves an up-or-down All of these pieces of legislation fit veloping country. vote. People can vote how they want, into growing our economy, continuing When it comes to a developing con- for the judge or against the judge, but our economic recovery, accelerating it, tinent, earlier this month the Presi- at least we should be given the oppor- as well as security. The JOBS bill dent signed another very powerful bill tunity to vote. alone, the FSC/ETI or so-called JOBS in terms of its impact in Africa. The We will also continue to fight for leg- bill, will protect more than a million bill was the African Growth and Oppor- islation that keeps America’s economic high-quality manufacturing jobs in the tunity Act. I am especially pleased by recovery rolling along. We tried re- United States. Our roads, ports, energy this legislation. I have taken advan- cently with class action—we are going supply, and economic vitality are all tage of the opportunity of traveling to to come back to class action. I am not critical to our security and to our safe- Africa on a regular basis where one sure exactly when that timing will be, ty. We have to have a strong infra- could see upfront, firsthand, the direct but I can tell you there is strong bipar- structure to be safe and secure, to be impact of this Africa Growth and Op- tisan support, and I think this body able to withstand threats from with- portunity Act when it was initially needs to come back as soon as practical out. passed—now several years ago—the im- and address class action reform. I see my colleague from Kansas who pact it has had in the stimulation of I was disappointed by the other side’s has a very important statement to jobs, creation of work. And for me, decision to stop this important legisla- make that refers, in part, to some of most importantly, it creates hope for a tion because both sides—again, this is my comments earlier about the Darfur continent that otherwise becomes a bipartisan bill, and I am confident it region, I expect, but let me comment quite discouraged as it is plagued by so can pass with more than 60 votes. on one issue before turning the floor many other huge challenges. These class action lawsuits, as we over to him. It is an issue that again The Africa Growth and Opportunity heard now 2 weeks ago on the floor, centers on an international issue, and Act, which we have passed and which is have grown exponentially. One recent that is Cambodia. now the law of the land, is a win-win survey found State court class action Last Sunday, Cambodian Prime Min- for the United States. It is a win for filings skyrocketed by 1,300 percent in ister Hun Sen delivered a nationally the African continent, and I would say 10 years. televised speech accusing democratic a win-win for the world. The legislation The result of all of this is a glut of opposition party leader Sam Rainsy has not only created new investment claims that ends up clogging the and his fellow parliamentarians of or- opportunities for American businesses, courts, ultimately wasting taxpayers’ ganizing an armed insurgency to over- but it has helped create over 150,000 Af- dollars and inhibiting the innovation throw the government. Concerned for rican jobs. When President Museveni and entrepreneurship we all know is so their safety, a number of these leaders from Uganda was here, he said: You use critical to job creation. fled the country. the figure of 150,000, our best estimates Election year politics should not get I was in touch with my son by e-mail are that the impact is not creation of in the way of strengthening our econ- because my son Jonathan happened to

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The raids all happened very simi- intimidation. 300 villages had been burned out, and larly. Bombers came in, supplied by the The international community has a about a million people were in refugee Sudanese Government. Helicopters—I great interest in ensuring that Cam- camps in western Sudan and Chad. The will show a picture of one of those in bodia’s fragile progress toward democ- people were in horrific condition and in just a little bit—supported by the Su- racy continues. Cambodia has paid too a very fragile state. They were willing danese Government would come in in high a price under authoritarian rule to return to their villages if security an air attack. Then the Janjaweed, the in the past. We cannot and will not ac- could return to the region, but an Arab militias, would come back on cept the use of fear as an instrument of armed Arab militia was strong through camels, horseback, guns blazing, burn the state. Cambodia has made commit- the region, called the Janjaweed, which the various houses, kill the men, rape ments to the international community are men on horses and camels in some the women, pillage, plunder, and steal. to respect human rights, preserve the cases, with guns. They go in and burn As we can see from this picture, this is rule of law, and uphold democracy. I out villages, shooting and killing the a sparse and difficult climate in which call upon the international community men, raping the women, and driving to live. They drive people out of their to watch these events very carefully. people into refugee camps. villages, away from their wells, and There is a lot to do when we return in These are deplorable conditions people die. September. I know we are going to which, if they are not eased, if the situ- have a very busy fall legislative ses- ation does not improve, our own Agen- This next picture is one of the heli- sion. I look forward to working with cy for International Development copters used in these raids. It has guns my colleagues, and I look forward to projects that at a minimum 300,000 will mounted on the front. This is old So- doing the business of the American die. We are at 30,000 now. We project viet equipment, yet it works very well people and moving America forward. 300,000 will die if everything goes well in this region when the people they are Mr. President, I yield the floor. from this point forward, and it could go going against are unarmed altogether. The PRESIDING OFFICER. The Sen- up from there. That is where we are They will go in on these runs. We saw ator from Kansas. right now: 30,000 dead, projecting this particular helicopter within 100 f 300,000 in the next 6 to 9 months, and it yards of a Sudanese Government out- could go above that very easily. post, within 50 yards of a Janjaweed DARFUR We have a chance, we really have a encampment. Mr. BROWNBACK. I thank the Chair. moment, that we can actually get it So when the Sudanese Government is Mr. President, I appreciate the major- right before they die. It was just a cou- saying, Well, it is the Janjaweed that ity leader identifying the successes and ple of months 10 years ago that in is doing it and we are going to try to what we need to be working on. I also Rwanda we saw 800,000 people die. We disarm them, we are going to control appreciate the first part of his speech said after that, ‘‘never again.’’ Well, them, they are arming them, this is when he talked about the Sudan, which now we have 30,000 and we are headed just them doing something they have is something I wish to address for my to 300,000. Are we going to look back on done in the south for years, where they colleagues. this one and say, ‘‘never again,’’ or are arm a militia so they can have some The House of Representatives has we going to get in on this one now and deniability that it is their hands, but just passed 422 to 0—they rarely do say, ‘‘no, let us stop it’’? in fact it is clearly them who are con- things quite in that fashion—a resolu- It is a fairly simple solution, putting ducting this. tion calling what is taking place in pressure on the international commu- Sudan genocide—genocide, the killing nity, putting pressure on the African The next picture I want to show is a of a group of people purposely by a gov- Union, to bring in troops to stabilize woman who has been shot. She is an ernment, by a group. this area. It cannot be done by the amputee. We visited with her. We can I do not think we have ever done that Government of Khartoum. They have see where her leg was shot and ampu- before in the middle of a genocide as it dirty hands. They have armed the Arab tated. is taking place. We have always adopt- militias that are going into the region. This final picture is chilling. We ed a resolution afterward, and once the It cannot be done by the Arab militias. went into three different refugee genocide has occurred, we have said: They are killing the African villagers camps. Fortunately, children are chil- That is terrible; that should not have in this region. They are doing ethnic dren everywhere, and they will lighten happened; and, oh, by the way, it was cleansing and raping the women. up. They will be lively. They have genocide. They have taken a bold step, We interviewed a number of different smiles on their faces. In one of the the right step, the proper step for the women who had been raped. All of camps they were doing an art project first time to say, while we are in the them said that their rapist said to to encourage kids to make different middle of this crisis, let’s call it geno- them: We want to create lighter things out of clay or actually out of cide now, put pressure on the inter- skinned babies. In that region, the pa- mud. They were doing the soldiers on national community to act and address ternity determines the ethnicity of the horses who had attacked them with it. child. guns. They made these little mud fig- I say to my colleagues tonight, we We cannot let this one keep going ures showing what had taken place. We have virtually the identical resolution when we know it is happening and we also have drawings that were brought in front of this body that we are seek- have a way to stop it. I plead with my back, drawn by the children, of villages ing to move through by unanimous colleagues, just look at this. Let this being burned. There is nothing quite consent. I hope they will consider it one move on through, then both the like seeing the world through the eyes and let it through. At this point in House and the Senate will have spoken of a child. It is a very dangerous world time in our sessions, people hold up ev- and called it genocide. We will put and a deadly world these children have erything: I am not going to let any- pressure on the international commu- seen. thing get on through here. I plead with nity to act, put pressure on Kofi Annan my colleagues, people who are watch- at the U.N., put pressure on the African I have a trip report, and I ask unani- ing, who are monitoring the Chamber, Union to address this situation before mous consent that it be printed in the if you are considering that on this res- the numbers keep mounting. We can do RECORD. olution, please pull it off and please let this. There being no objection, the mate- this one pass on through so both the I will show briefly to my colleagues rial was ordered to be printed in the House and the Senate can speak with new pictures Congressman FRANK WOLF RECORD, as follows:

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TRIP REPORT—SENATOR SAM BROWNBACK AND Janjaweed waiting to prey on innocent vic- the region on two black African rebel CONGRESSMAN FRANK WOLF. tims along the perimeter of refugee camps. groups—the Sudan Liberation Army (SLA) DARFUR, WESTERN SUDAN—JUNE 27–29, 2004 To hear the vivid, heartrending descrip- and the Justice and Equality Movement It was just 10 years ago—in 1994—when the tions of the attacks it is clear the Janjaweed (JEM)—who started an uprising in February world stood by and watched as more than have the support—and the approval—of the 2003 over what they regarded as unjust treat- 800,000 ethnic Tutsis were systematically Government of Sudan to operate with impu- ment by the government in their struggle over land and resources with Arab country- murdered in Rwanda by rival extremist nity. The same stories were repeated at men. The rebel forces actually held El Fash- Hutus. every camp we visited. The raids would hap- When the killing finally ended after 100 pen early in the morning. First comes the er for a short period last year. A cease-fire days—and the horrific images of what had low rumble of a Soviet-made Antonov was agreed to in April 2004 between the rebel taken place were broadcast around the plane—flown by Sudanese pilots—to bomb groups and the Government of Sudan, but the Janjaweed have continued to carry out globe—world leaders acknowledged it was the village. Next come helicopter gunships— attacks with the support and approval of genocide, apologized for failing to intervene, again, flown by Sudanese pilots—to strafe the village with the huge machine guns Khartoum. and vowed ‘‘never again.’’ While local government officials in El That pledge from the international com- mounted on each side. Sometimes the heli- Fasher were adamant in saying there is no munity is being put to the test today in copters would land and unload supplies for connection between the Government of western Sudan, where an estimated 30,000 the Janjaweed. They would then be reloaded Sudan and the Janjaweed, whom they called black African Muslims have been murdered with booty confiscated from a village. One ‘‘armed bandits,’’ the militiamen we saw did and more than 1 million have been driven man told us he saw cows being loaded onto one helicopter. Moments later, the not look like skilled pilots who could fly from their tribal lands and forced to live in planes or helicopters. one of 129 refugee camps scattered across the Janjaweed, some clad in military uniforms, would come galloping in on horseback and We also were told the Janjaweed are well western provinces of Darfur. More than armed and well supplied. If they are tradi- 160,000 have fled across the border to Chad. camels to finish the job by killing, raping, stealing and plundering. tional nomads, how are they getting modern The United Nations Convention on the Pre- automatic weapons, and, more importantly, vention and Punishment of the Crime of Walking through the burned out villages we could tell the people living there had lit- from whom? They also are said to have sat- Genocide describes genocide as acts com- ellite phones, an astonishing fact considering mitted with intent to destroy, in whole or in tle or no time to react. They left everything they owned—lanterns, cookware, water jugs, most of the people in the far western prov- part, national, ethnic, racial or religious inces of Darfur have probably never even groups, such as: Killing members of the pottery, plows—and ran for their lives. There was not even time to stop and bury their seen or walked on a paved road. group; causing serious bodily or mental The impunity under which the Janjaweed dead. harm to members of the group; deliberately operate was most telling as we approached The Janjaweed made certain that there inflicting on the group conditions of life cal- the airport in Geneina on our last day in the would be nothing left for the villagers to culated to bring about physical destruction region for our flight back to Khartoum. In come home to. Huts were torched. Donkeys, in whole or in part; Imposing measures in- plain sight was an encampment of Janjaweed goats and cows were stolen, slaughtered or tended to prevent births within the group, or within shouting distance of a contingent of forcibly transferring children of the group to dumped into wells to poison the water. Grain Government of Sudan regulars. No more another group. containers were destroyed. In one village we than 200 yards separated the two groups. Sit- Having recently spent 3 days and 2 nights saw where the Janjaweed even burned the ting on the tarmac were two helicopter (June 27–29) in Darfur, we believe what is mosque. gunships and a Soviet-made Antonov plane. Only the lucky ones—mostly women and happening there may very well meet this HUMANITARIAN CRISIS test. children—made it out alive. The situation in Darfur is being described During our trip we visited 5 refugee camps: ETHNIC CLEANSING as the worst humanitarian crisis in the Abu Shouk; Tawilah; Krinding; Sisi, and What is happening in Darfur is rooted in world today. We agree. But sadly, and with a Mornay—all sprawling tent cities jam- ethnic cleansing. Religion has nothing to do great sense of urgency, things are only going packed with thousands of displaced families with what has unfolded over the last year. to worsen. Some say that even under the and fast becoming breeding grounds for dis- No black African is safe in Darfur. Secu- best of circumstances, as many as 300,000 ease and sickness. rity is non-existent. The Janjaweed are ev- Darfuris forced from their homes are ex- We drove past dozens of pillaged villages erywhere. Outside the camps. Inside the pected to die from malnutrition and diarrhea and walked through what was left of four camps. They walk freely through the mar- or diseases such as malaria and cholera in that were burned to the ground. ketplace in Geneina, a town in far western the coming months. Measles have already We heard countless stories about rape, Darfur, with guns slung over their shoulders. spread through Abu Shouk, a large refugee murder and plunder. One shopkeeper, we were told, was shot in We even watched the barbarous men who camp outside El Fasher. the head by a Janjaweed because he wasn’t According to some predictions, the death are carrying out these attacks—Arab mili- willing to lower the price of a watermelon. toll could reach as high as 1 million by next tiamen called Janjaweed—sitting astride Government of Sudan military and secu- year. The Darfuri farmers have missed an- camels and horses just a short distance from rity forces also are omnipresent. At each of other planting season and will now be de- where young and old have sought what they the places we visited we were either trailed pendent on grain and other food stuffs pro- had hoped would be a safe harbor. or escorted by a mixture of military vided by the international community for at Janjaweed is roughly translated in Arabic regulars, police forces and government least another year. The impending rainy sea- as ‘‘wild men on horses with G–3 guns’’ Ruth- ‘‘minders.’’ There have been reports that the son presents its own set of problems, making less, brutal killers, the Janjaweed have insti- government has been folding the Janjaweed roads impassable for food deliveries and the gated a reign of terror on Darfur—a region into its regular forces as a way to disguise likelihood of disease dramatically increasing about the size of Texas—for more than a and protect them. At two of the camps we with the heavy rains. year. They kill men. They rape women. They visited, we were told the government had in- The potential for a crisis of catastrophic abduct children. They torch villages. They serted spies to report on what was said or to proportions is very real, especially since dump human corpses and animal carcasses in threaten those who talked. We were told the none of the villagers we talked to at the ref- wells to contaminate the water. Their man- ‘‘minders’’ repeatedly scolded refugees and ugee camps believed they will be able to go date is essentially doing whatever necessary told them in Arabic to shut up. Yet, even back to their homes anytime soon. Having to force the black African Muslims from with these threats, refugees in every camp been brutally terrorized by the Janjaweed their land to never return. we visited were eager to tell their stories. and fearing for their lives, they do not be- It is clearly the intent of Janjaweed to It should be understood that the Janjaweed lieve Government of Sudan officials who say purge the region of darker-skinned Africans, are not ‘‘taking’’ the land from the black it is safe to return to their villages. We in particular members of the Fur, Zaghawa, Muslim farmers they are terrorizing. The heard stories of some families who went back and Massaleit tribes. Janjaweed, whose historical roots are part of to their villages only to return to the camps JANJAWEED MANDATE the region’s roving nomads who have battled a week later for fear of being attacked again. From where does this mandate come? The with the African farmers for generations, are The attacks have traumatized thousands of Government of Sudan disavows supporting employing a government-supported scorched young children. In an effort to cope with the Janjaweed. Some officials in Khartoum earth policy to drive them out of the re- what they have endured, programs have been even deny the existence of a humanitarian gion—and perhaps to extinction. It also was established in the camps to help the young crisis in the region. Yet the facts prove oth- clear that only villages inhabited by black boys and girls deal with their psychological erwise. We witnessed the destruction. We Africans were being targeted. Arab villages scars. Part of the program encourages them heard horrific accounts of violence and in- sitting just next to African ones miles from to draw pictures of what they have seen. The timidation. We talked to rape victims. We the nearest towns have been left unscathed. crayon drawings are chilling. Huts on fire, saw the scars on men who had been shot. We On our first day in the region, we met with red flames shooting through the roof. Planes watched mothers cradle their sick and dying local Government of Sudan officials in the and helicopters flying overhead shooting bul- babies, hoping against all odds that their town of El Fasher, a two-hour plane ride lets. Dead bodies. Depictions, perhaps, of children would survive. We saw armed west of Khartoum. They blame the crisis in their mother or father.

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8638 CONGRESSIONAL RECORD — SENATE July 22, 2004 We also saw a group of children who had and risk death or send the women out and the military and the Janjaweed all appear to made clay figures of men on camels and risk rape. be acting in coordination. horseback attacking villages. There is no Rape is clearly another weapon being used DIRE SITUATION IS MAN–MADE way to measure the impact of these atroc- by the Janjaweed. Rapes, we were told, hap- The situation in Darfur is dire, and from ities on the thousands of children living in pen almost daily to the women who venture what we could see, it is entirely man-made. these camps. Their lives are forever scarred. outside the confines of the camps in search These people who had managed to survive of firewood and straw. They leave very early DIFFICULT LIFE IN IDP CAMPS even the severest droughts and famines dur- in the morning, hoping to evade their tor- Abu Shouk was the first of five IDP (Inter- ing the course of their long history are now mentors before they awake. With the camps nally Displaced People) camps we visited. in mortal danger of being wiped out simply swelling in size and nearby resources dwin- More than 40,000 people live in this sprawling because of the darker shade of their skin dling, they often walk several miles. The far- tent city, created in April after El Fasher color. ther the women go from the camp, the great- was overrun with homeless families. Me- The first step in resolving this crisis is dis- er the risk of being attacked by the thodically laid out with water stations, a arming the Janjaweed. It must be done swift- Janjaweed. As we approached Mornay, we health clinic, a supplemental feeding station ly and universally. If not, the Janjaweed will saw a number of Janjaweed resting with and crude latrines, it is being hailed as a just bury their weapons in the sand, wait for their camels and horses along the perimeter ‘‘model’’ by humanitarian relief workers in the pressure from the international commu- of the camp, easily within walking distance. the region. We heard the horrific story of 4 young nity to lift, then reinitiate their reign of ter- However, aid workers at Abu Shouk are girls—two of whom were sisters—who had ror. deeply distressed. They observe that mal- been raped just days before we arrived. They A system of justice overseen by outside nutrition and child mortality rates at this had left the camp to collect straw to feed the monitors must also be implemented. The ‘‘model’’ camp have reached alarming levels. family’s donkey when they were attacked. heinous, murderous acts carried out by the They fear what may be happening at the They said their attackers told them they Janjaweed cannot go unpunished. War other camps, especially in the more remote were slaves and that their skin was too dark. crimes and crimes against humanity clearly areas of Darfur that have not been reached As they were being raped, they said the have been—and continue to be—committed. by humanitarian groups. Janjaweed told them they were hoping to Those responsible must be brought to jus- Life in the camps is difficult. Crude shel- make more lighter-skinned babies. tice. ters made from straw and sticks and covered One of the 4 women assaulted, too shy to Over the course of 3 days, we saw the worst with plastic sheeting stretch as far as the tell her story in front of men, privately told of man’s inhumanity to man, but we also saw eye can see. Families arriving at the camps— a female journalist traveling with us that if the best of what it means to be human: almost all after walking for days in the hot anyone were to find out she had been raped, mothers waiting patiently for hours in the sun from their now abandon villages—are she would never be able to marry. hot sun so that they could try to save their given only a tarp, a water jug, cookware and We were told that some of the rape victims babies; NGO aid workers and volunteer doc- a small amount of grain. were being branded on their back and arms tors feeding and caring for the sick and the The sanitary conditions are wretched. The by the Janjaweed, permanently labeling the dying, and the courage and bravery of men, sandy conditions make building latrines dif- women. We heard the chilling account of the women and children eager to talk to us so ficult. At Mornay, the largest of the IDP rape of a 9-year-old girl. that we would know their story. camps in Darfur with more than 70,000 inhab- We also received a letter during our trip The world made a promise in 1994 to never itants, it was hard not to step in either from a group of women who were raped. To again allow the systematic destruction of a human or animal feces as we walked. In a protect them from further attacks, we pur- people or race. ‘‘Never again’’—words said, few weeks, when the heavy rains begin, ex- posely do not mention where they are from too, after the Holocaust. In Darfur, the crement will flow across the entire camp. or list their names. The translation is heart- international community has a chance to Mortality from diarrhea, which we were told breaking: stop history from repeating itself. It also has represents one-third of the deaths in the ‘‘Messrs. Members of the U.S. Congress a chance to end this nightmare for those who camps, will only increase. ‘‘Peace and the mercy and the blessings of have found a way to survive. If the inter- To their credit, all the non-governmental God be upon you. national community fails to act, the next organizations (NGOs) that have been allowed ‘‘We thank you for your help and for stand- cycle of this crisis will begin. The destiny to operate in Darfur have done—and con- ing by the weak of the world, wherever they facing the people of Darfur will be death tinue to do—a tremendous job under ex- are found. We welcome you to the . . . re- from hunger or disease. tremely trying circumstances. The Govern- gion, which was devastated by the When will the death of innocent men, ment of Sudan has repeatedly thrown up Janjaweed, or what is referred to as the gov- women and children—who want nothing roadblocks to bringing in aid. It has denied ernment ‘horse- and camel-men,’ on Friday more in this world than to be left alone to or slowed visa processing for relief workers. . . . 2004, when they caused havoc by killing farm their land and provide for their fami- It has kept aid vehicles locked up in customs and burning and committing plunder and lies—be too much for the conscience of the for weeks at a time. It has blocked relief rape. This was carried out with the help of international community to bear? groups from bringing in radios. It has lim- the government, which used the . . . region We sat with the victims. We heard their ited access to certain regions of the country. as an airport and supplied the Janjaweed mind-numbing stories. We saw their tears. All this has made getting medicine, food and with munitions and supplies. So we, the Now the world has seen the pictures and other humanitarian supplies, like plastic raped woman of the . . . region, would like heard the stories. We cannot say we did not sheeting and water jugs, an uphill battle. to explain to you what has happened and God know when history judges the year 2004 in While the Government of Sudan plays its is our best witness. Darfur. games, people are dying as needed aid sits on ‘‘We are 44 raped women. As a result of RECOMMENDATIONS tarmacs. that savagery, some of us became pregnant, The Government of Sudan As we approached the Mornay camp on the some have aborted, some took out their last day of our 3-day trip, we were stopped by wombs and some are still receiving medical The Government of Sudan should imme- Government of Sudan soldiers and security treatment. Hereunder, we list the names of diately implement key provisions of the officers. They followed us throughout the the raped women and state that we have high April 8, cease-fire agreement, including: the camp, watching with whom we talked. Amaz- hopes in you and the international commu- cessation of attacks against civilians; dis- ingly, their presence did not inhibit the refu- nity to stand by us and not to forsake us to arming the Janjaweed, and removing all bar- gees from recanting the horrors from which this tyrannical, brutal and racist regime, riers to the admittance of international aid they escaped and, for some—mostly women— which wants to eliminate us racially, bear- into Darfur. There should be a strict time- continue to endure. ing in mind that 90 percent of our sisters at table holding the Government of Sudan ac- The men said while they feel somewhat se- . . . are widows. countable for implementing these provisions. cure inside the confines of the camps, they ‘‘[Above] are the names of some of the The Government of Sudan should renew a dare not venture outside for fear of being women raped in the . . . region. Some of dialogue with the Sudan Liberation Army shot or killed by the Janjaweed. They these individuals are now at . . ., some are and the Justice and Equality Movement to showed us scars on their arms and legs of the at Towilah and some are at Abu Shouk discuss the political, economic and social gunshot wounds they received while escaping camps. Everything we said is the absolute roots of the crisis. from their villages. They are despondent truth. These girls were raped in front of our The African Union over the fact that they are unable to provide fathers and husbands. Additional cease-fire observers should be food for their families because they cannot ‘‘We hope that you and the international deployed and violations of the cease-fire re- farm their fields. They expressed utter sad- community will continue to preserve the ported immediately. The current number of ness and outrage about their wives and balance of the peoples and nations. 270 observers is inadequate to monitor the daughters who venture outside the borders of ‘‘Thank you. activity of an area the size of Texas. the camp to collect firewood and straw, ‘‘From: The raped women at . . .’’ knowing the fate that awaits them at the These rape victims have nowhere to turn. The United States hands of the Janjaweed. Life and death deci- Even if they report the attacks to the police, The United States should publicly identify sions are made every day: send the men out they know nothing will happen. The police, those responsible for the atrocities occurring

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8639 in Darfur, including officials and other indi- Osama bin Laden had been in Sudan DEPARTMENT OF DEFENSE viduals of the Government of Sudan, as well for 5 years, 1991 to 1996. This is where Tina Westby Jonas, of Virginia, to be as Janjaweed militia commanders, and im- he started organizing violent groups. Under Secretary of Defense (Comptroller). pose targeted sanctions that include travel He did it first in Sudan. The govern- IN THE AIR FORCE bans and the freezing of assets. The following Air National Guard of the The president should instruct the U.S. rep- ment there has been very efficient in United States officer for appointment in the resentative to the United Nations to seek an carrying forth what Osama had taught Reserve of the Air Force to the grade indi- official investigation and hold accountable them. officials of the Government of Sudan and Finally, we can make a difference in cated under title 10, U.S.C., section 12203: government-supported militia groups respon- Sudan and, by extension, all of Africa, To be brigadier general sible for the atrocities in Darfur. but we really need to act now. We are Col. Douglas M. Pierce The United Nations going to be out the whole month of Au- The following named officer for appoint- The United Nations should pass a strong gust. By that period of time, thousands ment in the United States Air Force to the Security Council resolution condemning the more will die. I realize this is a resolu- grade indicated while assigned to a position Government of Sudan. It should call for: an of importance and responsibility under title tion, so it can be said, well, it does not 10, U.S.C., section 601: immediate end to the attacks; the imme- do that much, but it does put pressure To be lieutenant general diate disarming of the Janjaweed; the imme- on the international community. It diate protection of civilians by beginning a will be the first time we spoke ahead of Lt. Gen. Duncan J. McNabb review of the security of refugees in Darfur; IN THE ARMY the determination of the feasibility of send- the full genocide taking place where we The following named officers for appoint- ing in U.N. protection forces; an immediate actually maybe can stop it and save ment in the United States Army to the grade review of bringing legal action against those some lives instead of lamenting after- indicated under title 10, U.S.C., section 624: responsible for the policies of ethnic cleans- wards that we should have done some- To be brigadier general ing, crimes against humanity and war crimes thing. The administration has really in Darfur, and the imposition of targeted done an overall very good job on this Colonel Yves J. Fontaine sanctions that include travel bans and the issue in pushing and pressing it, but The following named officers for appoint- freezing of assets. ment in the United States Army to the grade The United Nations should immediately let’s not stop there. Let’s keep moving indicated under title 10, U.S.C., section 624: and let’s try to get something done. deploy human rights monitors to Darfur. To be major general The protection of civilians and access to I yield the floor, and I suggest the ab- humanitarian aid should be a primary con- sence of a quorum. Brigadier General Don T. Riley cern; the Security Council must be prepared The PRESIDING OFFICER. The The following Army National Guard of the to establish a no fly zone if the cease-fire clerk will call the roll. United States officer for appointment in the continues to be violated. The legislative clerk proceeded to Reserve of the Army to the grade indicated under title 10, U.S.C., section 12203: The United Nations together with other or- call the roll. ganizations should continue to coordinate a Mr. WARNER. Mr. President, I ask To be brigadier general relief strategy for getting aid into those re- Col. Jerry M. Rivera gions of Darfur that have yet to receive hu- unanimous consent that the order for the quorum call be rescinded. The following named officers for appoint- manitarian assistance. Alternative routes ment in the Reserve of the Army to the and means of delivering aid should be consid- The PRESIDING OFFICER. Without objection, it is so ordered. grades indicated under title 10, U.S.C., sec- ered if the Government of Sudan continues tion 12203: to impede deliveries. f The United Nations should take immediate To be major general steps to seek the removal of Sudan from the EXECUTIVE SESSION Brig. Gen. Gregory J. Hunt United Nations Commission on Human To be brigadier general Rights. Col. Jose M. Vallejo The United Nations should set a deadline EXECUTIVE CALENDAR The following named officer for appoint- for the Government of Sudan to comply with Mr. WARNER. Mr. President, I ask ment in the United States Army to the grade all obligations under the ceasefire and pre- unanimous consent that the Senate indicated while assigned to a position of im- pare contingency plans in the event those proceed to executive session for consid- portance and responsibility under title 10, deadlines are not met. U.S.C., section 601: We would like to thank everyone involved eration of the following nominations in organizing, coordinating and imple- on the Executive Calendar. To be General menting our trip. Representatives from the Mr. President, I ask the Senate act Lt. Gen. Bantz J. Craddock State Department, USAID and the NGOs favorably upon nomination No. 688 and The following named officer for appoint- both in Washington and Sudan deserve spe- No. 691, all military nominations re- ment in the United States Army to the grade cial thanks. ported by the Armed Services Com- indicated while assigned to a position of im- We would also like to thank Sean Woo, mittee during today’s session. portance and responsibility under title 10, general counsel to Sen. Brownback (R–KS), I further ask unanimous consent that U.S.C., section 601: and Dan Scandling, chief of staff to Rep. To be Lieutenant General Wolf (R–VA), for accompanying us on the the nominations be confirmed, the mo- trip. They played a critical role in writing tions to reconsider be laid on the table, Lt. Gen. James L. Campbell this report and took all the photographs. In the President be immediately notified, The following named officer for appoint- addition, we would like to thank Janet and the Senate then resume legislative ment in the United States Army to the grade Shaffron, legislative director, and Samantha session. indicated while assigned to a position of im- Stockman, foreign affairs legislative assist- The PRESIDING OFFICER. Is there portance and responsibility under title 10, ant, to Rep. Wolf, and Brian Hart, commu- objection? U.S.C., section 601: nications director, and Josh Carter, legisla- Mr. REID. No objection. I wish the To be Lieutenant General tive aide, of Sen. Brownback, for editing the next time the distinguished chairman Maj. Gen. John M. Brown III report. Colin Samples, an intern in Rep. of the committee had a consent re- The following Army National Guard of the Wolf’s office, did the design and layout. United States officer for appointment in the We also want to extend our thanks to Sec- quest, we would have somebody over here. Reserve of the Army to the grade indicated retary of State Colin Powell and U.N. Sec- under title 10, U.S.C., section 12203: retary General Kofi Annan for visiting the Mr. WARNER. I inquired of that and region. Their personal involvement in work- I was told I could proceed. I just saw To be brigadier general ing to resolve this crisis is critically impor- the Senator momentarily. Col. Glenn K. Rieth tant. Mr. REID. We have no objection, Mr. Department of Defense Mr. BROWNBACK. The hour is late, President. Valerie Lynn Baldwin, of Kansas, to be an but I simply ask my colleagues that we The PRESIDING OFFICER. Without Assistant Secretary of the Army. pass this by unanimous consent and objection, it is so ordered. In the Marine Corps then both Houses will have spoken. The nominations considered and con- The following named officer for appoint- This is a situation of Muslim-on-Mus- firmed en bloc are as follows: ment in the United States Marine Corps Re- lim violence. If people are worried DEPARTMENT OF ENERGY serve to the grade indicated under title 10, about different religions, this is not Jerald S. Paul, of Florida, to be Principal U.S.C., section 12203: the case. It is ethnic. It is Arab-on-Af- Deputy Administrator, National Nuclear Se- To be major general rican violence. curity Administration. Brig. Gen. Cornell A. Wilson, Jr.

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8640 CONGRESSIONAL RECORD — SENATE July 22, 2004 The following named officers for appoint- portance and responsibility under title 10, nominations were received by the Senate and ment in the United States Marine Corps Re- U.S.C., section 601: appeared in the Congressional Record on serve to the grade indicated under title 10, To be vice admiral July 8, 2004. U.S.C., section 12203: Vice Adm. Robert F. Willard Navy nominations beginning Steven E To be brigadier general Allen and ending Sharon M. Wright, which The following named officer for appoint- nominations were received by the Senate and Col. Robert D. Papak ment in the United States Navy to the grade appeared in the Congressional Record on Col. Eugene G. Payne, Jr. indicated while assigned to a position of im- July 8, 2004. The following named officers for appoint- portance and responsibility under title 10, Navy nominations beginning Kristen N. ment in the United States Marine Corps to U.S.C., section 601: Atterbury and ending Mary A. Yonk, which the grade indicated under title 10, U.S.C., To be vice admiral nominations were received by the Senate and section 624: Vice Adm. Albert T. Church III appeared in the Congressional Record on To be brigadier general Air Force nominations beginning Lorena July 8, 2004. Col. Randolph D. Alles A. * Bailey and ending Jason P. * Zimmerer, Navy nominations beginning David A. Col. Joseph F. Dunford, Jr. which nominations were received by the Sen- Berger and ending Erin E. Stone, which Col. Paul E. Lefebvre ate and appeared in the Congressional nominations were received by the Senate and Col. Richard P. Mills Record on March 12, 2004. appeared in the Congressional Record on Col. Martin Post Air Force nominations beginning Randall July 8, 2004. The following named officer for appoint- M. Ashmore and ending James O. Wooten, Navy nominations beginning John J. ment in the United States Marine Corps to which nominations were received by the Sen- Adametz and ending Barney S. Williams, the grade indicated while assigned to a posi- ate and appeared in the Congressional which nominations were received by the Sen- tion of importance and responsibility under Record on May 10, 2004. ate and appeared in the Congressional title 10, U.S.C., section 601: Air Force nomination of Norman L. Wil- Record on July 8, 2004. To be lieutenant general liams. Mr. REID. I thank my distinguished Air Force nomination of Thomas R. Bird. colleague. Maj. Gen. James F. Amos Air Force nominations beginning Rex A. IN THE NAVY Hinesley and ending Jeri K. Somers, which In connection with these nomina- The following named officers for appoint- nominations were received by the Senate and tions, I would like to acknowledge the ment in the United States Navy to the grade appeared in the Congressional Record on assistance I have from my distin- indicated under title 10, U.S.C., section 624: July 8, 2004. guished ranking member, Senator Air Force nominations beginning Peter W. To be rear admiral LEVIN, who joined me in moving these Bickel and ending William D. Taylor, which Rear Adm. (lh) Richard J. Mauldin and Senator MCCAIN, who worked with nominations were received by the Senate and me on several of these nominations. I Rear Adm. (lh) Anthony L. Winns appeared in the Congressional Record on The following named officer for appoint- July 8, 2004. am very pleased the Committee on ment in the United States Navy to the grade Air Force nominations beginning Donald Armed Services was able to effect these indicated under title 10, U.S.C., section 624: A. Ahern and ending Michael A. Wobbema, nominations. To be rear admiral (lower half) which nominations were received by the Sen- Mr. President, I suggest the absence ate and appeared in the Congressional Capt. Timothy J. McGee of a quorum. Record on July 8, 2004. The following named officer for appoint- The PRESIDING OFFICER. The Army nominations beginning Stephan A. * clerk will call the roll. ment in the United States Navy to the grade Alkins and ending Clorinda K. Zawacki, indicated under title 10, U.S.C., section 624: which nominations were received by the Sen- The legislative clerk proceeded to To be rear admiral ate and appeared in the Congressional call the roll. Rear Adm. (lh) Steven L. Enewold Record on June 16, 2004. Mr. WARNER. Mr. President, I ask Army nominations beginning Douglas R. unanimous consent that the order for The following named officers for appoint- Dixon and ending Thorpe C. Whitehead, ment in the United States Navy to the grade the quorum call be rescinded. which nominations were received by the Sen- indicated under title 10, U.S.C., section 624: The PRESIDING OFFICER. Without ate and appeared in the Congressional objection, it is so ordered. To be rear admiral Record on June 16, 2004. Rear Adm. (lh) Stanley D. Bozin Army nominations beginning Nancy H. f Rear Adm. (lh) Charles T. Bush Fielding and ending Tammy L. Miracle, LEGISLATIVE SESSION Rear Adm. (lh) Jeffrey B. Cassias which nominations were received by the Sen- Rear Adm. (lh) William D. Crowder ate and appeared in the Congressional Rear Adm. (lh) Richard K. Gallagher Record on June 17, 2004. Rear Adm. (lh) David A. Gove Army nominations beginning Brian R. MORNING BUSINESS Rear Adm. (lh) Timothy L. Heely Copes and ending Dennis P. Simons, which Mr. WARNER. Mr. President, in Rear Adm. (lh) Gary R. Jones nominations were received by the Senate and order to address the Senate on a proce- Rear Adm. (lh) James D. Kelly appeared in the Congressional Record on dural matter, I ask unanimous consent June 17, 2004. Rear Adm. (lh) Thomas J. Kilcline, Jr. that the Senate proceed to a period of Rear Adm. (lh) Samuel J. Locklear III Navy nomination of Gerald R. Manley. Rear Adm. (lh) Joseph Maguire Navy nominations beginning Brian S. morning business for 5 minutes. Rear Adm. (lh) Robert T. Moeller Adams and ending John M Zuzich, which The PRESIDING OFFICER (Mr. Rear Adm. (lh) Robert D. Reilly, Jr. nominations were received by the Senate and SMITH). Without objection, it is so or- Rear Adm. (lh) Jacob L. Shuford appeared in the Congressional Record on dered. Rear Adm. (lh) Paul S. Stanley June 24, 2004. f Rear Adm. (lh) Miles B. Wachendorf Navy nominations beginning Myles E. Rear Adm. (lh) Patrick M. Walsh Brooks, Jr. and ending James E. Watts, SMALL BUSINESS ACT which nominations were received by the Sen- The following named officer for appoint- AMENDMENT ate and appeared in the Congressional ment in the United States Navy to the grade Record on July 8, 2004. Mr. WARNER. I see the distinguished indicated while assigned to a position of im- Navy nominations beginning Billy M. Ap- portance and responsibility under title 10, Senator from Nevada is on the floor. pleton and ending Mil A. Yi, which nomina- U.S.C., section 601: On behalf of the majority leader, I wish tions were received by the Senate and ap- To be admiral to put this following unanimous con- peared in the Congressional Record on July sent request before the Senate relative Vice Adm. Timothy J. Keating 8, 2004. to S. 2724, small business technical cor- The following named officer for appoint- Navy nominations beginning Carla M ment as Vice Chief of Naval Operations, Albritton and ending Edward L. Zawislak, rections. I ask unanimous consent that United States Navy, and appointment to the which nominations were received by the Sen- the Senate proceed to the immediate grade indicated while assigned to a position ate and appeared in the Congressional consideration of S. 2724 which was in- of importance and responsibility under title Record on July 8, 2004. troduced earlier today by Senators 10, U.S.C., sections 601 and 5035: Navy nominations beginning Michael T SNOWE, KERRY, and TALENT. Acromite and ending Craig M. Zelig, which To be admiral The PRESIDING OFFICER. The nominations were received by the Senate and Vice Adm. John B. Nathman appeared in the Congressional Record on clerk will report the bill by title. The following named officer for appoint- July 8, 2004. The legislative clerk read as follows: ment in the United States Navy to the grade Navy nominations beginning Timothy A A bill (S. 2724) to amend section 33(a) of the indicated while assigned to a position of im- Ackerman and ending Terry D. Webb, which Small Business Act (15 U.S.C. 657 c(a)) to

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8641 clarify that the National Veterans Business There are thousands of dedicated Mr. FRIST. Mr. President, in closing, Development Corporation is a private entity. Americans in the military, the intel- the Democratic leader and I agree that There being no objection, the Senate ligence community, law enforcement, the Commission has come forward with proceeded to consider the bill. and so on who endeavor every day to important recommendations that de- Mr. WARNER. Mr. President, I ask keep us safe. They deserve our appre- serve urgent consideration by this unanimous consent that the bill be ciation and support. body. We are hopeful that the process read the third time and passed, the mo- But we can and must do better. We we outlined above will give them the tion to reconsider be laid upon the have to get it right 100 percent of the bipartisan attention they deserve and table, and that any statements regard- time. the American people expect. ing this matter be printed in the Mr. DASCHLE. Mr. President, the Mr. President, I suggest the absence RECORD. Commission divided its recommenda- of a quorum. Mr. REID. Reserving the right to ob- tions into two major categories. The The PRESIDING OFFICER. The ject, Mr. President, I appreciate very first lays out a new global strategy for clerk will call the roll. much the distinguished Senator from dealing with the threats we face today. The legislative clerk proceeded to Virginia moving this matter. As the This section contains 28 recommenda- call the roll. Senator knows, the ranking member on tions on what our Government should Mr. DASCHLE. Mr. President, I ask this important committee, Senator do to enhance our national security. unanimous consent that the order for KERRY, wholeheartedly supports the The second section contains 13 sug- the quorum call be dispensed with. action of the Senator from Virginia. gestions for how our Government—ex- The PRESIDING OFFICER. Without Mr. WARNER. I thank the Senator. ecutive branch as well as Congress— objection, it is so ordered. The PRESIDING OFFICER. Without should be reconfigured to increase our f objection, it is so ordered. prospects for achieving our national se- The bill (S. 2724) was read the third curity objectives. SUDAN time and passed, as follows: Senator FRIST and I intend to work Mr. DASCHLE. Mr. President, we are S. 2724 together with our colleagues in a bipar- about to take up a number of matters Be it enacted by the Senate and House of Rep- tisan manner to examine all of the that are in a position to be passed by resentatives of the United States of America in Commission’s proposals. We both agree unanimous consent. One of those in- Congress assembled, change is long overdue, and we cannot cludes a concurrent resolution, S. Con. SECTION 1. NATIONAL VETERANS BUSINESS DE- afford to let another opportunity to Res. 133, on Sudan. It is a clear state- VELOPMENT CORPORATION. make these changes slip by. ment from the Senate that what is oc- Section 33(a) of the Small Business Act (15 Mr. FRIST. Mr. President, the threat curring in Sudan is genocide. Many of U.S.C. 657c(a)) is amended by adding at the of terrorism will be with us for a long us have felt the need to express our- end the following: ‘‘Notwithstanding any other provision of law, the Corporation is a time. We need to fix the problems and selves on this important matter prior private entity and is not an agency, instru- correct the shortcomings cited by the to the time we leave for recess. mentality, authority, entity, or establish- Commission so that we can make I thank the distinguished majority ment of the United States Government.’’. America safer. leader and a number of colleagues on f That is why Senator DASCHLE and I both sides of the aisle. intend to ask the Government Affairs It is an important statement to be 9/11 COMMISSION REPORT Committee, in close consultation with made. The administration needs to Mr. FRIST. Mr. President, Senator other committees with a stake in these hear it, the international community DASCHLE and I received the 9/11 Com- changes, to carefully evaluate the needs to hear it, and certainly the Su- mission report earlier today. It looks Commission’s proposals regarding reor- danese Government, which tolerates if as if the Commission did a thorough ganization of the executive branch and not assists in genocide, needs to hear job and that their writeup is fair and determine how best to implement it. balanced. It is certainly well-docu- them. It is our hope that the Govern- I note, also, this concurrent resolu- mented. ment Affairs Committee shall begin tion would not have been possible with- Tom Kean and Lee Hamilton deserve conducting hearings on these issues as out the tireless effort of the Congres- our praise for their bipartisan leader- soon as possible. sional Black Caucus. I especially want ship. It is also our expectation that the to note the efforts of Congressman DON The Commission did not play the other committees with an interest in PAYNE, Congressman JOHN CONYERS, blame game. Rather, they focused on this legislation will conduct their own and Congresswoman SHEILA JACKSON how the United States can learn from hearings. It is also our hope that the LEE. Their tireless efforts for human past mistakes to make all Americans Government Affairs Committee, work- rights ought to be recognized tonight. I safer in the future. ing closely with the other interested congratulate them and I thank them Mr. DASCHLE. Mr. President, I join committees, will carefully evaluate for their work. I am very proud to be with the distinguished majority leader each of the Commission’s proposals and associated with that effort and with in expressing my gratitude to Commis- factor in their views before coming for- this resolution tonight. sioner Chairman Thomas Kean and ward with a legislative package. No I yield the floor and I suggest the ab- Vice Chairman Hamilton and the rest committee shall lose its rights to re- sence of a quorum. of the Commissioners as well. They view parts of the legislation under its The PRESIDING OFFICER. The were able to operate above partisan dif- jurisdiction. It is our hope this package clerk will call the roll. ferences and produce a unanimous re- will be assembled and presented to the The assistant legislative clerk pro- port in an incredibly charged political Senate no later than October 1. ceeded to call the roll. environment. The Commission has Mr. DASCHLE. Mr. President, Sen- Mr. FRIST. Mr. President, I ask painstakingly outlined the numerous ator FRIST and I have also agreed to set unanimous consent that the order for missed opportunities to prevent the up a working group that examines how the quorum call be rescinded. tragic events of September 11 and pro- best to implement the 9/11 Commis- The PRESIDING OFFICER. Without vided the Bush administration and the sion’s recommendations that deal with objection, it is so ordered. Congress with a solid set of rec- reform of the Senate, such as improv- f ommendations that I believe, if en- ing intelligence oversight. acted, can help make us more secure. Over the coming days we will meet to MY HERO 6TH GRADE ESSAY Mr. FRIST. Mr. President, we do discuss how best to organize and focus CONTEST want to assure everyone that while this group. Mr. FRIST. Mr. President, I take a mistakes, failures, and missed opportu- Our intent would be for this group to moment to honor Rebecca Sadler, who nities occurred in the past, as their re- similarly present a plan of action by is this year’s winner of my annual 6th port chronicles, the United States still October 1 on how to implement the rec- Grade Essay Contest. Rebecca is from has a very good system to protect the ommendations made by the Commis- Brentwood, TN, and attends Woodland country. sion that deal with the Congress. Middle School.

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8642 CONGRESSIONAL RECORD — SENATE July 22, 2004 This year’s topic was ‘‘A Salute to SENATE BUSINESS tion and produced a unanimous judg- Community Heroes.’’ Rebecca chose ment. Indeed, their 12-month inquiry Mr. FRIST. Mr. President, in a few her dad, Jerry M. Sadler. Mr. Sadler is, and I quote Senator PAT ROBERTS, died of cancer on November 11, 1999. minutes we will begin some of the ‘‘without precedent in the history of While we have a few minutes before wrap-up. We will be in for a little bit the Senate Intelligence Committee.’’ closing, I thought I would read a few longer. We have a lot of business to do Acting together with clear purpose, paragraphs from Rebecca Sadler’s sa- and in a few minutes we will start at the committee has produced a report lute to her dad. It is entitled ‘‘My least the beginning of that. that genuinely addresses an issue of Hero.’’ I suggest the absence of a quorum. critical importance to our Nation’s se- The PRESIDING OFFICER. The curity. Heroes can be just about anyone. Some clerk will call the roll. Their efforts are an example of the have earned Nobel prizes. Some have led The assistant legislative clerk pro- marches and . Some are world lead- best of the Senate working in a bipar- ers and some have been to the moon. Many ceeded to call the roll. tisan manner to advance the interests have recorded hit singles in the music indus- Mr. FRIST. Mr. President, I ask of the American people. try. Others have made millions from a sim- unanimous consent that the order for The report is tough and detailed. It ple story. But what really makes a hero? Are the quorum call be rescinded. reveals disturbing lapses in our intel- heroes born or made? Do heroes look like The PRESIDING OFFICER. Without ligence gathering and processing meth- movie stars or do they look like the guy who objection, it is so ordered. ods, and it points to the clear need for waxes the floors at the end of the day? Are f major reforms not media driven or po- they brave enough to take down an evil ter- litically expedient measures, but deep rorist? Or are they just brave enough for a SENATE INTELLIGENCE and serious changes to how we gather roller coaster? COMMITTEE REPORT My hero hasn’t been to the moon. And he intelligence—the critical information hasn’t led a . He didn’t win a Nobel Mr. FRIST. Mr. President last week, we need to protect ourselves from prize and he wasn’t a world leader. My hero Kurdish security forces captured 15 stealthy, vicious, and determined en- was a friend, a husband, a brother, a cousin, militants in Kirkuk. Among them is a emies. a father, a pilot, and one of the bravest peo- man purported to be second in com- One of the most troubling aspects of ple I’ve ever known. My hero is my dad. He mand of Ansar al-Islam, an Iraq-based the Senate report is that following was a commander in the Navy Reserve. He terrorist group linked with Al Qaeda. 1998, our Government had no human in- flew packages for FedEx. He had a wife, Meanwhile, Iraqi security forces telligence sources inside Iraq col- three kids, four brothers, three sisters, a lecting against the WMD target. That mother-in-law, sisters-in-law, brothers-in- swept through a downtown Baghdad neighborhood and arrested over 500 sus- is unacceptable. law, numerous cousins, nieces and nephews, Meanwhile, what information we did and innumerable friends. pected criminals. The operation, which collect was not properly shared among The thing that made my dad a hero was was conducted without the assistance that he was never afraid and if he was, he of U.S. soldiers, was the largest oper- intelligence agencies. Again, unaccept- never showed it. He was incredibly honest. ation of the interior ministry since the able. My dad was a friend to everyone. My dad fall of Saddam Hussein. It must be acknowledged, however, would have given his life for his family and The developments in Kirkuk and that from the United Nations to intel- his country. There was nothing that my dad Baghdad are positive signs of Iraq’s ligence agencies all around the world, couldn’t do. He was so strong. Every morning progress. The interim government is informed people believed that Saddam I would walk into his room and say good had WMD and the means to produce morning. He would gather up all his strength taking on the tough responsibility of defending its citizens and confronting and deliver them. and as soon as I walked in he would sit up, Following Saddam’s defeat in Desert smile, and act like nothing was wrong. terrorists. We know that it will be a Storm in 1991, inspectors found stock- long and difficult process. The gov- Heroes don’t have to be superstars and piles of chemical weapons and biologi- they do not have to beat any world records. ernor of the Nineveh province was cal agents. They also found a nuclear They can be a parent, a teacher, a counselor, gunned down last week by terrorists. program that was believed to be less or even a garbage man. But heroes have to be Jordanian militant Abu Musab al- than 2 years from completion. a couple of things. Zarqawi claims credit for the vicious Then, for the next decade, Saddam They should be loving, honest, brave, murder. And on Tuesday this week, the refused to provide a clear accounting of loyal, and kind. They should be kind to peo- interim governor of Basra was assas- ple who might not be as fortunate, loving to his weapons programs. He defied 16 Se- sinated as he was heading to work. family, and brave no matter what. They curity Council resolutions, ultimately The ongoing violence is frustrating should be loyal to friends, family, God, and defying Resolution 1441 passed in 2002. their country. They must be honest to their and painful. Still, the Iraqi people re- So we know that Saddam used chem- friends so you can trust them. main optimistic. As my colleagues, ical weapons in the past, that he ob- My dad inspires me because he was all of Senators LIEBERMAN and KYL, pointed tained dual-use materials, that he had the things that make a hero. He inspires me out in their excellent editorial in the nuclear scientists on his payroll, and because he never gave up, even in the face of Washington Post this week, a BBC/Ox- that he had billions of dollars of oil death. ford Research International poll finds My dad inspires me to do the very best I money with which to pursue his goals. released this month finds that a major- In addition, we know that he invaded can and to be the very best I can be. He in- ity of Iraqis believe their lives today spires me to fly someday. To say, ‘‘Yes, I two neighboring countries, lobbed mis- can’’ in the face of failure. He taught me to are quite good or very good, and a ma- siles at a third, and declared America never give up, no matter what, and he taught jority believes that their lives will be to be a mortal enemy. me to succeed. He showed me how to be better next year. A new British report further ampli- brave. He inspires me to be loyal to our Meanwhile, Saddam will soon face fies these facts. Led by Lord Butler, country, God, friends, and family. He taught his crimes. And Iraq is working to be- the British investigative team deter- me to be kind to everyone, even complete come a free and peaceful country in the mined that the claim that Saddam at- strangers, and loving to family. He inspires heart of the Middle East that doesn’t me to be me. My dad is my hero. tempted to buy uranium from Africa threaten its neighbours or terrorize its was ‘‘well founded.’’ And I quote: That essay is from Rebecca Sadler, citizens. 6th grade essay contest winner. It is a We conclude that, on the basis of the intel- Which brings me to pre-war Iraq, and ligence assessments at the time, covering contest I have all over the State on a the Senate Intelligence Committee re- both Niger and the Democratic Republic of different subject each year. This year port on what we knew and what we did Congo, the statements on Iraqi attempts to was ‘‘A Salute to Community Heroes.’’ not know. buy uranium from Africa in the Govern- Rebecca’s dad Jerry M. Sadler, died The Senate Intelligence Committee ment’s dossier, and by the Prime Minister in of cancer on November 11th, 1999. has issued a detailed report on the in- the House of Commons, were well-founded. By extension, we conclude also that the She concludes: telligence community’s estimate of statement in President Bush’s State of the I was 7 years old and in the second grade. Iraq’s WMD. I commend my colleagues Union Address of 28 January 2003 that: ‘The He left behind a wife, three children, four for their hard work and commitment. British Government has learned that Sad- brothers, three sisters, and many others. They launched a thorough investiga- dam Hussein recently sought significant

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8643 quantities of uranium from Africa’ was well- one can agree that this system is a reached the bottom line for business founded. mess and must be fixed. and insurance when it comes to fund- The report also rebuts many of the Senators HATCH and LEAHY ironed ing, it is time to intensify negotiations widely circulated claims made by Am- out a unique solution to the problem. on the so-called ‘‘start-up’’ and bassador Joe Wilson about his role in They created a no-fault trust fund for ‘‘pendings’’ issues. the mission to Niger; the report he claimants funded by business and in- Business and insurance will not agree made to Washington upon his return; surance that would pay truly sick to a $140 billion trust fund and, simul- and later his claims that the adminis- claimants fair claims values in a taneously, continue to pay massive tration manipulated intelligence. This prompt manner. sums for ongoing litigation. Either a report reveals that Ambassador Wil- S. 1125 embodied this idea and was re- trust fund is the solution to our prob- son’s repeated attacks on the Presi- ported out of the Judiciary Committee lems or it is not. dent’s credibility were misleading, at in July of 2003. That bill provided $108 I have asked Senator DASCHLE to let best, and without merit. billion in mandatory funding for claim- me know whether he believes his side Furthermore, both reports find that ants. can move in our direction and not per- no political pressure was applied to in- On April 7, 2004, Senator HATCH and I, mit leakage in the tort system. If so, fluence intelligence estimates. Presi- along with Senators MILLER, DEWINE, substantial progress can be made. dent Bush and Prime Minister Blair VOINOVICH, CHAMBLISS, HAGEL, and Today, I received a letter from Sen- were, in fact, scrupulous in their pres- DOMENICI, introduced a substitute bill, ator DASCHLE and 12 other Democrats entation of the evidence as it was S. 2290. S. 2290 increased the funding expressing their commitment to ‘‘work known. for claimants to $114 billion. over the August recess to narrow our Saddam Hussein intended to resume Unfortunately, on April 22, that bill differences and secure a compromise his illegal weapons programs, and was only received 50 votes on the floor of that provides necessary relief to vic- taking steps to do so. The Butler re- the Senate. Why? The opponents’ pri- tims and businesses.’’ port corroborates that, prior to the mary complaint was that the funding I deeply appreciate their steadfast war, Iraq was ‘‘carrying out illicit re- was insufficient. commitment to this issue and look for- search and development, and procure- I did not want to give up on finding ward to hearing from them about how ment activities to seek to sustain its a solution to this crisis. Fortunately, we can solve the asbestos litigation cri- indigenous capabilities.’’ neither did the Democrat leader. So we sis. In other words, Saddam was a threat met and decided to ask Judge Becker, a f to our peace, security, and interests. respected Third Circuit Court of Ap- AMERICA IS MOVING FORWARD He never abandoned his ultimate goal peals judge who had been working on Mr. FRIST. Mr. President, over the to acquire WMD. Saddam may have asbestos issues with Senator SPECTER, past few months, my colleagues on the been biding his time, but as the Presi- to try to mediate the parties’ dif- other side of the aisle have come to the dent told the nation, in this case, time ferences. He did so over a 2-week period Senate floor in a vain effort to con- was a ticking bomb. in May and was able to get Organized vince America that we are worse off I applaud the efforts of both our In- Labor to move from $153 billion to $149 than we were 4 years ago. telligence Committee and our British billion. They offer a pessimistic litany of dis- allies. Their examinations of the intel- The business and insurance side of torted statistics to discredit the meas- ligence problems and misjudgments the equation moved from the $114 bil- urable progress America has made in prior to the war are crucial to making lion into the mid-$120 billion range. the last 4 years. Just last Friday, the the reforms necessary to winning the But no deal was reached. minority leader came to the Senate war on terrorism. This war, more than In June, the minority leader and I floor to cast a negative light on Amer- any other, depends on information. met again and agreed to try to nego- ica’s astonishing rebound from the tri- I look forward to the discussion of tiate this matter between us, along ple shock of terrorist attacks, cor- how we can strengthen our intelligence with the help of the interested parties. porate scandals, and a recession inher- gathering and analysis. Brave men and Soon after those negotiations began, ited from the Clinton administration. women are out in the field, right now, the business side made yet another It is critical that the American peo- risking their lives to defend America’s move, this time offering to fund a $131 ple know the truth. freedom. They need an intelligence sys- billion trust fund. They were told that Far from the other side’s woeful de- tem that backs them up. America was still insufficient. piction, America is moving forward and needs an intelligence system that So, at my request, Senator DASCHLE gaining strength. We have been tested, works, and works well. put together a proposal. He proposed a and we have proven ourselves to be a f $141 billion trust fund. He also indi- tough, resilient and resourceful nation. cated how his side believed the start up ASBESTOS UPDATE America remains the economic en- of the fund and pending claims should gine of the world. While our European Mr. FRIST. Mr. President, I would be handled, among other issues. friends struggle with double digit un- like to report briefly on where things In response, I encouraged the busi- employment, America’s unemployment stand on the asbestos negotiations Sen- ness and insurance communities to rate is at historic lows and dropping. ator DASCHLE and I have been con- make their best and final proposal on Are we better off? Four years ago, ducting for the last couple of months. the size of the fund. I told them that President Bush inherited an economy There is wide agreement that the the end-game was near and that it was that measured $9.8 trillion. Today, the current asbestos litigation system is time for them to do the best they could economy has grown almost $1 trillion disastrous for victims, for jobs, and for in terms of a proposal. more. the economy. As a result, they made a huge move Are we better off? Four years ago, More than 700,000 individuals have and agreed to fund a $140 billion trust President Bush inherited an economy filed claims; approximately 300,000 fund, with roughly $40 billion funded in that was the equivalent to roughly claims are still pending; more than $70 the first 5 years. $25,000 for every person. Today, that billion has already been spent trying to Now here is the rub. Time is running number has grown to nearly $30,000. resolve these claims; and more than 70 out. It is now the end of July, and we Are we better off? Four years ago, companies have filed for bankruptcy as are set to begin a long recess. We only President Bush inherited an economy a result. have 21 days left in this session of Con- that employed 136.9 million people. And yet we have very little to show gress to get a bill completed. Today, the number of people working for it. We have a system where the So I sat down with Senator DASCHLE has grown by nearly 2 million and is on sickest victims of asbestos exposure earlier this week to try to push nego- track to create 1.2 million jobs this have to wait in line with thousands of tiations forward. To get a bill, we must year. unimpaired claimants. begin to tackle the tough issues. Contrary to claims made by critics, There are many things that we in Those tough issues concern funding the quality of jobs being created is ex- Congress cannot agree upon. But every- and pending claims. Because we have cellent. Three quarters of the new jobs

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8644 CONGRESSIONAL RECORD — SENATE July 22, 2004 created in May were in industries that, didn’t. Instead, they played politics education than at any other time in on average, pay a higher hourly rate with seniors’ health. And now that we the history of the United States. Fed- than the overall average. have made historic improvements, op- eral K–12 education funding to states Are we better off? Manufacturing ponents to reform are trying to scare and local schools has increased by a jobs have grown this year for the first seniors from enjoying their new bene- historic $6.9 billion since the hallmark time since the mid-90’s; 64,000 jobs have fits. education reform legislation was been added in the manufacturing sector The truth is, under Republican lead- signed into law. since January, alone, and there are ership, America’s seniors are getting Title I aid for disadvantaged stu- more jobs to come. vastly improved Medicare services. dents, the cornerstone of the No Child More manufacturers have been re- Under the bipartisan Medicare Mod- Left Behind Act, has increased by over porting increased activity and new or- ernization Act signed by President 40 percent since 2001. ders than at any time in the last 20 Bush in December, for the first time, In fact, aid for disadvantaged stu- years. The ISM Manufacturing employ- all seniors will have access to $400 bil- dents received a larger combined in- ment index in April hit its highest lion in expanded drug benefits. Low-in- crease during the first 2 years of Presi- level in 15 years. come seniors and those with high drug dent Bush’s administration than it re- Are we better off? Four years ago, costs will get the most help. Millions of ceived in the previous 7 years combined President Bush inherited an economy seniors will get comprehensive pre- under President Clinton. that was constructing only 1.5 million scription drug coverage with no gaps in Our economy is stronger, crime is new houses per year. Today, homeown- coverage, no premium, and no more down, education is improving. Ameri- ership is at an all time high, including than a $5 copay. cans have good reason to be optimistic minority homeownership. Americans Even now, only 6 months after the about the future. are investing in themselves and their Medicare legislation became law, the And when it comes to environment, futures. Bush administration is providing im- we are also seeing major progress. Are we better off? Productivity is its mediate relief from the high cost of Emissions are down and water quality highest in 50 years. Unemployment is drugs through its prescription drug dis- is improving. lower now than it was in the 70s, 80s count program. Millions of seniors are All signs are encouraging. and 90s—lower, in fact, than during the getting $1,200, just like cash, on top of More, however, can be done, starting Clinton years. 10–25 percent off of the cost of their with strengthening America’s energy Are we better off? The answer is, drugs. independence. President Bush has of- clearly, a resoundings yes. Seniors will have expanded access to fered a long-range plan to diversify our Because of President Bush’s tax cuts an array of preventive benefits—includ- energy supply and encourage the use of of 2001 and 2003, Americans now have ing an annual physical examination— renewable energy sources. more money to invest, save, or spend that simply were not part of the pro- Senate Democrats, however, are com- as they choose. Business owners have gram before. mitted to a strategy of obstruction. more opportunities to realize their en- Moreover, all Americans will pay less They come to the Senate floor to la- trepreneurial potential. for prescription drugs because we took ment America’s energy problems. America is moving forward because steps to speed the delivery of lower Meanwhile, they block the very re- President Bush and the Republican-led cost generic drugs to consumers. forms that would lessen America’s de- Congress believe in the ingenuity, cre- We have also given all Americans pendence on foreign oil supplies. ativity, and common sense of the more affordable coverage through tax- Likewise, the other side of the aisle American people. free health savings accounts so they bemoans rising health premiums while When it comes to fighting crime, could take more control over their continuing to block medical mal- American law enforcement has the bad health care needs and hard-earned dol- practice reforms that would lower med- guys on the run. The statistics are re- lars. ical costs. markable. When it comes to education, again, Which brings me to the larger point. Fire-arm related violent crime is Republican leadership is delivering This year, the other side has been en- down. Burglary, robbery and theft are major reform. gaged in an unprecedented campaign of all down. obstructionism. Their obstructionism Simple and aggravated assault is Because of the No Child Left Behind is costing billions of dollars that could down. Violent crimes, including rape, Act, passed by a Republican-led Con- be growing the economy and hundreds sexual assaults and robberies, are now gress and signed into law by President of thousands of jobs that could be em- at their lowest levels since the govern- Bush, millions of disadvantaged chil- ploying America’s workers. ment began collecting crime data in dren are now getting the focus and at- The campaign to poor-mouth Amer- 1973. Violent crime is falling in all re- tention they need and deserve. Reading and math scores in Amer- ica’s progress may be an election year gions of the country, whether meas- ica’s large urban schools have im- strategy to immobilize the process, but ured by race, ethnicity, age or income. Property crimes continued a more proved. it is also unfairly discredits the efforts than 20–year decline. Parents of children in struggling of every American working hard, pay- Gun-related crimes have continued to schools have powerful new options, and ing taxes, and leading this country fall. they are using them. If their school is back to economic health. The distorted The fall in the crime rates has coin- struggling to teach their children the statistics and misleading charts are cided with more aggressive prosecu- basics, such as math and reading, par- meant to sow doubt and confusion. tions of criminals. Average sentences ent now can send their kids to a better They are meant to make Americans for violent criminals are increasing, public school or get their children spe- question their own success. and violent felons comprise a growing cial tutoring. It will not work, and it must not share of the prison population. Under No Child Left Behind, States work. We are a strong, robust, and Real, positive change is taking place and local school districts are now being prosperous nation. Optimism is the es- in America’s neighborhoods. Ameri- held accountable for ensuring every sence of our success. It drives our cre- can’s are safer and more secure at child learns—regardless of race, par- ativity and emboldens our entrepre- home. ents’ income, disability, geography, or neurial spirit. It is what makes us in- When it comes to improving major English proficiency. As President Bush vest in the future and accomplish our social programs, a Republican-led Con- has said time and again, every child highest aims. gress has delivered on major new re- can learn, and every child should be I am confident the American people forms. given a fair chance. The No Child Left will look at the gains we are making Seniors now have, for the first time, Behind Act is helping to make sure the everyday as a nation and as individ- prescription drug coverage under Medi- promise is becoming a reality. uals, and that we will recognize our care. As a result of the No Child Left Be- success, take heart, and keep moving The other side of the aisle had eight hind Act, the Federal Government forward. It is the American spirit, and years to enact Medicare reform. They today is spending more money on K–12 it is the American way.

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8645 HONORING OUR ARMED FORCES ened position today. They know they that such absentee military ballots are SERGEANT KYLE BRINLEE are risking their lives, yet they are counted. Mr. INHOFE. Mr. President, I stand willing to do it. Certainly SGT Kyle However, the situation may be much here today in memory of a courageous Brinlee is one of those, a very good, he- worse. Because the House bill does not young American who gave his life for roic example. require States to transmit ballots to freedom. He gave his life for the people Mr. President, I yield the floor. overseas military voters by any spe- of Iraq, he gave it for his fellow Ameri- f cific date, under certain State laws, such voters can receive absentee bal- cans, and he gave it especially for S. 2844, CONTINUITY IN lots up to literally the day before the those he loved. SGT Kyle Brinlee at REPRESENTATION ACT OF 2004 the age of 21 gave up his life for the election. In such a case, a State would sake of others, and for his service and Mr. DODD. Mr. President, this be required to accept the overseas mili- his sacrifice, I am proud to honor him evening the Senate is expected to con- tary ballot up to 45 days after that on the Senate floor today. sider H.R. 2844, the Continuity in Rep- date, or 90 days after the Speaker’s an- SGT Kyle A. Brinlee of Pryor, OK, resentation Act of 2004. While there are nouncement. was deployed from Fort Sill and served significant problems with this bill, I The obvious result of these two pro- as a masonry and carpentry specialist believe it is in the best interest of en- visions is to potentially extend the with the 120th Combat Engineering suring the continuity of government date of the election beyond the re- Battalion in Iraq. When he went to Iraq that the Senate pass the bill, as re- quired 45 days after the Speaker’s an- in February, he left the familiar com- ceived from the House, without amend- nouncement—ranging from 46 days to fort of Pryor, OK, for the unknown hos- ment, before we begin this extended re- 90 days. And therein lies the problem: tility of the Middle East. He left his cess. are overseas military ballots that are family, friends, and neighbors, expect- The most troubling problem with received by the State from 1 to 90 days ing to be home within 6 months or a this bill is that it may have the unin- after the actual election date still year at the most. Only 3 months passed tended consequence of disenfranchising counted, or are they ignored unless the before these same people lined the overseas military voters who are serv- election is close? streets of Pryor as his funeral proces- ing this Nation in combat. So in taking The unintended consequence of this sion passed. this action tonight, let me suggest that bill is to tell our brave men and women On May 11, near Alasad, Iraq, an ex- our work will not be done. I strongly in uniform, who are literally putting plosive device destroyed the vehicle in encourage my colleagues in the House their lives on the line for this Nation which Kyle Brinlee was riding. He died to review this legislation in light of in combat overseas, that while they while securing the freedom of millions these concerns and to consider adopt- may be able to cast a vote, there is no of Americans, while trying to secure a ing technical corrections to this bill to guarantee that their vote will be chance of that freedom for the Iraqi address its unintentional consequences. counted. That is simply an unaccept- people. The bill before the Senate today is, able result. Sergeant Brinlee, the first Oklahoma at best, a stopgap measure which at- On the other hand, if the result is to guardsman to give his life in Iraq, was tempts to provide a way to reconsti- hold an election open until all possible eulogized in May in front of a crowd of tute the House of Representatives in overseas ballots are received, then this 1,300 people at the Pryor High School the event that in excess of 100 vacan- bill does not provide for expedited elec- auditorium. Kyle was remembered as cies occur in its membership. Unlike tions at all. In fact, the result may be an outstanding soldier, a morale build- vacancies in the Senate, which under the inability of our Government to er who was always willing to be the the Seventeenth Amendment can be function for as long as 90 days after a first to volunteer, and as someone who immediately filled, the House has no catastrophe. That would be contrary to all will miss. After his death, the Na- way to reconstitute itself short of hold- the stated purpose of the bill. tional Guard awarded Kyle the Bronze ing elections. In essence, H.R. 2488 re- And that is why our work is not Star and the Purple Heart. He has also quires the States to hold expedited spe- done. This bill may be a necessary in- earned my admiration and prayers and cial elections to fill vacancies which terim measure, but to ensure that those of many other Americans. His occur under extraordinary cir- there is no lapse in the authority of the choice was that of a true hero: He en- cumstances. House, and the ability of Congress, to dangered his own life for the sake of The House-passed bill provides that exercise its constitutional responsibil- something greater, and that courage to upon the announcement by the Speak- ities, may require a constitutional act for the good of all will mark his er of the House that more than 100 va- amendment providing for an appoint- legacy forever. cancies exist in the membership of the ment to fill a vacancy. In the mean- Sergeant Brinlee stands as a true ex- House, the States affected must hold a time, until an amendment to the Con- ample of bravery. He knew of the dan- special election within 45 days of the stitution can be adopted and ratified gers that awaited him. He knew he announcement, unless there is a regu- providing for the immediate recon- might never have another opportunity larly scheduled general election sched- stitution of the House, this measure to see his family, but he also knew his uled within 75 days of the announce- provides some assurance that our rep- mission. He knew that American free- ment. This overly optimistic time line resentative form of government will dom does not come from the com- all but ensures that overseas military continue. plaints of the many but from the sac- voters and overseas voters will not Numerous organizations have called rifices of the few. SGT Kyle Brinlee have their ballots counted in such an on the House to adopt a constitutional was man enough to be counted election. approach, not the least of which is the amongst those noble few. Kyle Brinlee In an attempt to address the issue of Continuity of Government Commis- was a true American hero. overseas military voters and other sion, chaired by our distinguished Mr. President, on each trip I take overseas voters, the House adopted lan- former colleague, Alan Simpson, and overseas as one of the members of the guage which calls on the States, but the respected Lloyd Cutler. While I re- Senate Armed Services Committee, the does not require them, to issue absen- spect the concerns of my House col- message I get back from the troops in tee ballots or voting material to over- leagues that we preserve the House as the field is always the same: Why is it seas military voters within 15 days of an elected body, the Framers did not that people in America do not under- the Speaker’s announcement. However, intend that such a noble principle be- stand what we are doing? I think the the bill then requires such States to come the undoing of the people’s rep- media has done a lousy job, distorting accept and process such ballots for up resentative branch of government. the true reality of the freedoms that to 45 days from the date that the State We must find a rational and workable are taking place in Iraq, of all the good transmitted the ballot to the voter. On way to ensure that our Government things that are happening over there. its face, those deadlines would require continues to function despite the in- I hear from these brave young troops. that an election be held no sooner than tent of terrorists and others who would They know what their mission is. They 60 days after an announcement by a render the people’s House silent. But know America is in its most threat- Speaker of the House in order to ensure we must do it in a way that ensures

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8646 CONGRESSIONAL RECORD — SENATE July 22, 2004 that all voters, and particularly those poration—is at stake. Any government a doctorate from Vanderbilt Univer- military voters who are serving over- that is formed that does not reflect the sity. For 40 years, he was a professor of seas during a time of war, have an real will of the Mongolian people will history and political science at Ken- equal opportunity to not only cast a lack credibility and the respect of the tucky’s Campbellsville University. He vote, but to have that vote counted. international community. was an inspiring educator, mentor, and f Ulaan Baatar should take note that friend to students and colleagues. Washington—and the world—is watch- While he no longer teaches classes, he ELECTIONS IN MONGOLIA ing. continues to support and encourage Mr. MCCONNELL. Mr. President, I f younger generations. am concerned by reports from Mon- Beyond his role as an educator, Dr. TRIBUTE TO SERGEANT MAJOR golia of alleged election irregularities Himes has been a businessman, a stal- BEN TAYLOR following a July 17th revote at a cer- wart volunteer for the Republican tain polling station in the capital city Mr. MCCONNELL. Mr. President, I Party, and an instrumental figure in of Ulaan Baatar. rise today to pay tribute to an out- creating the Central Kentucky Arts Se- According to observers on the standing Kentuckian, Ben ‘‘Buster’’ ries. Furthermore, he is a devoted hus- ground, the revote occurred less than Taylor, a retired Special Forces ser- band, father, grandfather, and now a 12 hours after it was announced at 8 geant major and former Letcher Coun- great-grandfather. p.m. on July 16th. While I do not know ty Sheriff. Sergeant Major Taylor is Dr. Himes is truly an inspiration. He the nocturnal habits of the Mongolian not one to brag about his accomplish- persevered through a childhood during people, I doubt that voters in Ulaan ments, but he should be honored for his the Great Depression and a battle with Baatar—or anywhere else in Mongolia, courageous and selfless acts during the cancer. If there is one thing to learn for that matter—can be fully and ade- two decades he spent serving this Na- from Dr. Bobby Russell Himes, it is his quately informed of the revote in such tion in the U.S. military. philosophy for living. Dr. Himes be- a short time. In 1950, inspired by the heroism of lieves that, ‘‘By setting goals—even if Field reports seem to bear this out. World War II veterans, Taylor joined you don’t achieve them—you’re going According to the International Repub- the United States Army’s 11th Air- to go further just because you set lican Institute, turnout at that polling borne Division at Camp Campbell, KY, them.’’ station in the June 27th elections ex- which is now known as Fort Campbell. May we please take this time to ceeded 70 percent; on the July 17th As he worked his way through various honor the man whom so many look up revote, it totaled some 46 percent. divisions, the Army began organizing to, Dr. Bobby Russell Himes, Central Nearly one-quarter of those who voted its Special Forces Branch, the Green Kentucky News-Journal’s 2004 Man of in June did not cast a ballot in July. Berets. Taylor enthusiastically joined the Year. Further troubling are allegations of a the Green Berets and spent the better f systematic pattern of denying sup- part of two decades serving with his porters of the Motherland Democracy comrades in Japan, Korea, Thailand, TRIBUTE TO R.J. CORMAN Coalition, MDC, the right to vote, re- Taiwan, the Philippines, Burma, China, Mr. MCCONNELL. Mr. President, I fusal to permit MDC observers inside Laos, and Vietnam. pay tribute to a fellow Kentuckian, Mr. the polling station, the use of Mongo- Taylor’s missions exemplified his R.J. Corman. Mr. Corman is a remark- lian law enforcement officials to pro- bravery and altruism. During his tours able man who has overcome life’s ad- hibit access to the polling station, and of duty, he was awarded 24 medals and versities and achieved great business vote buying in favor of the ruling Mon- 18 ribbons, among these four bronze success. golian People’s Revolutionary Party, stars. With each honor, a story reveal- Mr. Corman got his start in the rail- MPRP. ing his heroism is told. He has note- road business working a backhoe for If proven true, these irregularities books full of citations and commenda- L&N Railroad. Little did he know, but would mark a major departure from tions that tell of the many times he this initial exposure would lead to his Mongolia’s previous election experi- risked his own life to save others. But lifetime work. He founded and con- ences, where voting was generally or- of all these honors, the one most mem- tinues to operate the R.J. Corman derly and according to applicable laws orable to Taylor is the role he played Railroad Group in his hometown of and regulations. in the funeral of President John F. Nicholasville, Kentucky. His business My colleagues might find it inter- Kennedy. Taylor was selected to rep- has grown over the years and now oper- esting that the seat in question was resent the Green Berets at President ates in 19 States, has about 630 employ- won in the first round of balloting by Kennedy’s funeral. He walked alongside ees, and will have at least $120 million MDC candidate and businessman the casket of the fallen Commander in in sales this year. The goal of the R.J. Otganbayer by a 222 vote margin. The Chief. Corman Railroad Group is to please revote found MPRP Defense Minister Today I ask my colleagues to join me customers and perform their services Gurragchaa winning the seat by 1,239 in honoring and recognizing a true better, faster, and more efficient than votes. American hero, Sergeant Major Ben anyone else. There is no question that reports of Taylor. While Mr. Corman’s companies are irregularities and chicanery must be f incredibly successful and expansive, it fully and impartially investigated by is his personal successes that I pay the relevant election authorities, and TRIBUTE TO DR. BOBBY RUSSELL tribute to most. Three years ago, Mr. that any and all violators of election HIMES Corman was diagnosed with cancer and laws and regulations be prosecuted and Mr. MCCONNELL. Mr. President, I given 3 years to live. A man not used to punished to the fullest extent of Mon- rise today to pay tribute to a fellow sitting idly by, he successfully com- golian law. It is my hope that this Kentuckian and proud Republican, Dr. pleted a stem-cell bone marrow trans- process is more transparent than the Bobby Russell Himes. Earlier this year, plant in November 2001 and today his counting of ballots at that particular Dr. Himes was named Central Ken- cancer is in complete remission. In polling station. It is outrageous that tucky News-Journal’s 2004 Man of the fact, Mr. Corman is doing so well that MPRP officials prohibited independent Year. The title is one that Dr. Himes at the age of 48 he ran in the 108th an- election observers to witness the open- has earned. nual Boston Marathon. ing of ballot boxes and the counting of Dr. Himes has always strived to live Mr. Corman came from humble be- ballots—in violation, I understand, of life to its very fullest and give 110 per- ginnings, the son of a state highway Mongolian law. cent. After serving 4 years in the U.S. worker and homemaker. But he hasn’t Mongolia’s leadership would be wise Air Force, he completed his bachelor’s forgotten where he came from or the to consider that the country’s reputa- degree at Kentucky Wesleyan College. lessons his grandfather taught him tion—and inclusion as an eligible re- He went on to finish his formal edu- about hard work and honesty. His cipient for increased foreign assistance cation by earning a masters degree never give up attitude has led to busi- under the Millennium Challenge Cor- from Appalachian State University and ness success and overcoming serious

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8647 illness. Today I ask my colleagues to Israel is building along the West Bank Israel’s democratic institutions and its join me in honoring and recognizing has been good for the security in the commitment to the rule of law make it Kentucky’s railroad entrepreneur, Mr. region. more than able to handle issues arising R.J. Corman. Already, the fence has resulted in a from the construction of the fence f 90 percent drop in terrorism coming without interference from the ICJ. from the northern West Bank. In 2004, Israel’s supreme court, for example, TRIBUTE TO OWSLEY BROWN no Israeli nationals were killed or ruled that a segment of the security FRAZIER wounded by suicide bombings in areas fence must be re-routed to reduce the Mr. MCCONNELL. Mr. President, I protected by the fence, while 19 Israeli impact on the Palestinian population, pay tribute to an outstanding Ken- citizens were killed and 102 wounded by even though the judges noted that ‘‘in tuckian, fellow Louisvillian and friend, suicide attacks in areas without the the short term, this judgment will not Mr. Owsley Brown Frazier. Owsley re- fence. make the state’s struggle against those cently fulfilled one of his life-long So, it is clear that this fence is sav- rising up against it any easier.’’ dreams by opening a museum to show- ing innocent lives. This is what democratic nations do; case his collection of historic weap- Like so many others who know the they act in accordance to the law. onry—the Frazier Historical Arm Mu- region and have traveled to Israel and They make outside interference by the seum. I was honored to join him at the Palestine many times, I wish that a ICJ not only unwelcome and unneces- grand opening to get a sneak peak at fence was not necessary. In an ideal sary, but even dangerous. his impressive collection. world, neighbors would not need fences, Although the ICJ opinion is non- The Frazier Historical Arms Museum and Israel and Palestine could have a binding, it could lead to the introduc- is more than guns in cases and maps on more open border where goods, services tion of anti-Israel measures at the UN walls. Inside this $32 million, 100,000- and people move freely. and strengthen attempts to isolate square-foot museum weapons are dis- But that is not the world we live in, Israel. played based on the stories they tell. and that is not the position in which This is why some 40 nations, includ- The museum is home to Teddy Roo- Israel finds itself. We know that ter- ing the United States, submitted briefs sevelt’s ‘‘Big Stick,’’ a rifle owned by rorist organizations operating in the to the ICJ objecting to the court’s con- George Washington, a bow and arrow West Bank and elsewhere have sworn sideration of the case. used by Geronimo, and General George themselves to one main goal: the de- This is why I, along with 78 other Armstrong Custer’s Colt Navy revolv- struction of the State of Israel. Senators, wrote the UN Secretary Gen- ers. Not only does the museum house These murderers target innocent ci- eral, calling upon him to reject the Owsley’s collection of American arti- vilians, women and children in Israeli ICJ’s interference with Israel’s right to facts but also holds collections on loan busses, markets and cafes. Since the self defense. Unfortunately, the UN’s action and from the British Royal Armories in the start of the Intifada some 4 years ago, the ICJ’s opinion is another in a long Tower of London. These artifacts are almost 1,000 Israelis have been killed. line of anti-Israel positions they have combined with guides dressed in period Every man, woman and child in Israel lives with the fear that a terrorist at- taken. There have been some 400 anti- attire, short films, and interactive Israel Resolutions passed at the UN computer stations. It is definitely a tack could be carried out at any time, on any given day, and in any given lo- since 1964, while the terrorist atrocities ‘‘must see’’ while in Louisville. committed against the Jewish people Owsley wanted to give back to his cation. have never been investigated by the hometown and the museum was his When confronted with such threats, free nations look to their military, UN. gift. The museum is a testament to his This is wrong, and it is an assault their law enforcement personnel, and work ethic and his values. It reflects against Israeli sovereignty and its above all else, they look to the rule of his philanthropic nature that he has legal systems. contributed $500 million to charities law. Israel’s allies must continue to speak A commitment to the rule of law sep- during his lifetime, including tens of out against this wrong-headed action arates free nations from dictatorships. millions for his biggest passion—edu- by the ICJ. This is why Senate has in- cation. He has used his own money, but It separates democracies from corrupt troduced and I have co-sponsored an- also millions of dollars of contribu- and dangerous regimes. It is what binds other bi-partisan resolution con- tions from his family’s company to pre- people together under common values, demning the recent ICJ decision on the serve historic buildings, build housing shared principles and an agreed frame- legality of Israel’s security fence and for low-income families and of course, work to live in peace. urging no further action by the UN to support our local colleges and schools. Israel has a right to live in peace. It delay or prevent the fence’s construc- His friends describe him as a simple has a right, under law, to protect itself tion. man who loves fishing at his Shelby and to defend its people from attack. We need to pass that resolution, keep County farm, breakfast at the Waddy This is not only what the law allows, it the pressure on the UN, and continue Truck Stop, and would rather watch is what the people are entitled to. to protect Israel’s right to self defense. sports on television than attend cock- Much of the United Nations Charter, in The law authorizes it, and the people of tail parties. Owsley and I also share a fact, is based on the inherent right to the region deserve it. special passion: University of Louis- self-defense. f ville Athletics. In fact, he once even That is why the recent International skipped a family member’s wedding be- Court of Justice, ICJ, advisory opinion HONORING REV. MARION DANIEL cause the Cardinals had a game that on the security fence is so wrong, and BENNETT SR. day. why it sets a very dangerous precedent. Mr. REID. Mr. President, I rise today I ask my colleagues to join me in It is yet another low point for this to congratulate Reverend Marion Dan- paying tribute to this incredible man. court and for the UN. iel Bennett, Sr., on his recent retire- Owsley has a genuine and sincere love The ICJ declared itself ‘‘not con- ment as pastor of the Zion United for the city of Louisville, the Common- vinced’’ that the barrier Israel is build- Methodist Church. It pleases me to be wealth of Kentucky, and most impor- ing is a security necessity. I suppose able to speak today of Rev. Bennett’s tantly his fellow man. I can only hope such judgments are easy to make when tremendous contributions to Nevada’s he will inspire us all to share that sitting in the opulence of the Hague spiritual, civic, and political life. same benevolent passion and commit- some 2,000 miles away. Let the judges Reverend Bennett’s dedicated service ment in our lives. live along the Israeli border to the and inspired leadership of the Zion United Methodist Church in Las Vegas f West Bank for some time, and then let them call the fence unnecessary. has spanned over four decades. During ISRAEL SECURITY FENCE Beyond the wrongness of the opinion, his tenure, he oversaw the relocation of Mr. REID. Mr. President, they say the court should never have taken the the Church to its current West Las good fences make good neighbors. case to begin with. Vegas site, and spearheaded the devel- I do not know if that is always true, The ICJ had no business interfering opment of a much-needed day care cen- but I do know that the security fence in the security of a sovereign nation. ter in the community.

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8648 CONGRESSIONAL RECORD — SENATE July 22, 2004 Reverend Bennett’s commitment to Albuquerque mayor, Harry McKinney, While Iran insists publicly that these public service, however, has extended as the city’s federal grants coordi- programs are all peaceful, all the signs well beyond his West Las Vegas con- nator. Mayor McKinney dispatched and much of the political rhetoric in gregation. As president of the Las him to work out of my office here in Iran point to a nuclear weapons pro- Vegas Branch of the National Associa- Washington, and after awhile I con- gram that has been conducted under tion for the Advancement of Colored vinced him to become a member of my the cover of peaceful nuclear activities. People from 1963–1967 and 1971–1973, staff. Nearly a year ago, Iran promised to Rev. Bennett was among the foremost Right after coming to work for me in come clean on its nuclear programs leaders in the struggle for civil rights 1979, he became the member of my staff and to suspend all its uranium enrich- in Nevada. He has continued to remain who dealt with Indian affairs. But he ment and reprocessing activities. But active in the Las Vegas NAACP as an did much more. Over the past 25 years Iran has yet to comply fully with its executive board member for the past 30 he has been given more responsibilities commitment. Instead, it has hidden years. than I can count. From appropriations some of its activities and forced IAEA Reverend Bennett also served as a and budget, to banking, Indian affairs inspectors to pull teeth in order to get member of the Nevada State Assembly and economic development, and every- information about its programs; it has for 10 years. As chairman of the Health thing in between, Joseph has done it delayed inspections and, at times, sus- and Welfare Committee, he worked all. His wealth of experience is beyond pended all cooperation; it has contin- hard to ensure that the State’s health compare. For all who know Joe, it has ued production of components for ura- care and social welfare services kept always been clear that his passion is nium enrichment centrifuges; and it pace with Nevada’s dramatic growth working to help those who are less for- has announced an intent to test its and development. In doing so, Reverend tunate. uranium conversion facility in a man- Bennett helped expand the opportuni- Joe has done more for Indians than ner that will produce feed material for ties available to Nevadans and improve most Senators. Through the years, Joe uranium enrichment centrifuges. All the quality of life in the Silver State. has been instrumental in bringing trib- those actions are violations of Iran’s His lifetime of service to his church al leaders to the table to discuss their legal and political commitments. More importantly, those actions sug- and community has been recognized by dilemmas. He arranged several eco- gest that Iran still has something to many organizations including the Uni- nomic summits in the State to help In- hide. They relate to nuclear activities versity of Nevada, which conferred dians develop their infrastructure and that are difficult to explain as peaceful upon him its Distinguished Nevadan local economies. His hard work and programs. Some of those actions relate Award. dedication wrought a successful eco- to programs involving the same crimi- I also want all within the sound of nomic development strategy, along nal network that aided Libya and pro- my voice to understand the quality of with an education and healthcare plan vided it with a nuclear weapon design. friend Reverend Bennett has been to to help Indians in New Mexico and And they are accompanied by political me. The quality has been the best, for across the Nation. statements that suggest Iran may well which I will always be grateful. In 2001, after 22 years in my Wash- want to develop nuclear weapons. If In short, Reverend Bennett has led a ington office, he returned to New Mex- Iran wants to gain the confidence of distinguished career and life. Please ico to serve as a member of my State the international community, that is join me in congratulating him on his staff where he continues his fine work certainly not the way to go about it. recent retirement from the Zion United at the local level on Indian issues and I do not believe that Iran poses an Methodist Church, and wishing him rural development initiatives. imminent threat of testing or deploy- health and happiness in the future. Joe Trujillo is loyal, and one on ing nuclear weapons. There is hence no f whom I trust and depend. He has been need at this time to threaten or under- a member of my staff since June 19, take military action, and the resolu- IN RECOGNITION OF JOE 1979. In that time, we have accom- TRUJILLO tion before us does not threaten, en- plished much, and I am extremely courage or authorize such action. Mr. DOMENICI. Mr. President, I proud of those accomplishments. Most Some journalists interpreted a simi- honor a long-time member of my staff, importantly, he is my good friend. Jo- lar resolution in the House of Rep- Joe Trujillo. I usually call him Joseph, seph, for all you have done for me, and resentatives as authorizing military but my staff and most of those from for all you have done for the people of action, despite the denials of those who my home State of New Mexico refer to New Mexico; you have my utmost re- supported that resolution, including its him as ‘‘Joe T.’’ I do not want mis- spect and deepest gratitude. Thank co-author, Representative LANTOS of understanding—he is not retiring, be- you, and keep up the good work, California. That is because the House cause his work is not done. However, amigo. resolution used the words ‘‘all appro- Joseph Trujillo has served as a member f priate means,’’ which sounded too simi- of my staff, in one capacity or another, TIME FOR IRAN TO COME CLEAN lar to previous resolutions on other for 25 years. issues that did authorize the use of His always positive outlook is re- Mr. BIDEN. Mr. President, when his- force. To make it absolutely clear that markable, and his smile is contagious. torians look back on American foreign the resolution before us does not do His jovial attitude and eagerness to policy in the early 21st century, they that, the authors of the substitute deal with challenges is admirable. His will ask a few basic questions. One will amendment have deleted the word keen understanding of people is tied to be whether we used our immense mili- ‘‘all’’ from that phrase. We do not in- his own rich personality, and it is Joe’s tary strength wisely. Another will be tend this resolution to encourage the rich personality that I, and those from whether we took effective action to use of military force by any country. my home State, have come to know avert genocide in the world. But the Neither can any concurrent resolu- and love the most. biggest question will be whether we did tion authorize the use of force by the Joe is a New Mexico native. He grew all we could to avert the use of weap- United States. Under our Constitution up in Los Alamos, and graduated from ons of mass destruction, and especially and under the War Powers Resolution, Los Alamos High School in 1964. He a nuclear catastrophe. only legislation signed by the Presi- was the first New Mexico Hispanic to The resolution before us addresses dent can do that. A concurrent resolu- be awarded the Phi Beta Kappa key at one of the most sensitive nuclear non- tion has no legal effect and cannot do the University of New Mexico. proliferation issues of our day, that of so. After graduating from UNM in 1968, Iran. Over the last 2 years, public alle- What we do intend by this resolution he worked on a collaborative project to gations and International Atomic En- is to encourage all countries to help help Albuquerque’s inner city poor. We ergy Agency inspections have uncov- convince Iran that its national secu- first met in 1969, while I was chairman ered nearly two decades of covert nu- rity is best served by giving up the of the Albuquerque City Commission. clear programs that Iran has pursued urge to develop a nuclear weapons ca- Joe later became a City of Albuquerque in violation of its obligations under pability. An Iran with nuclear weap- employee. In 1976, he began working for safeguards agreements with the IAEA. ons—or with the ability to produce

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8649 such weapons—will not be a more se- hope that it will also encourage Iran to firefighters will be able to break away cure Iran. Rather, it will only prompt choose the path of non-proliferation from their duties to attend the parade great concern among its neighbors and and base its future on engagement with on Saturday, but I can promise you risk their developing nuclear weapons the world, rather than increasing, self- that they will be warmly received by as well; and it will estrange itself from imposed isolation. the residents of our Golden Heart City. all countries that support the Nuclear I want to thank the original sponsors I want to commend the Federal fire Non-Proliferation Treaty or that be- of S. Con. Res. 81, Senators FEINSTEIN managers for getting our Nation’s aer- lieve in keeping one’s international ob- and KYL, for their cooperation in devel- ial firefighting resources back in the ligations. oping a substitute text that we can all air. We may have some differences of If Iran wants to understand what nu- support. I believe that Representatives opinion about how long it took to ac- clear weapons will bring about, it can HYDE and LANTOS, whose H. Con. Res. complish this or how many planes are look to North Korea, which is reduced 398 provided much guidance to us, will certified to fly, but I am prepared to to begging and threatening the inter- also find this text something that they leave this discussion for a future time. national community in order to feed can accept so as to achieve enactment The total aerial resources in Alaska its people and to provide even minimal of this important resolution. And I ap- include one federally certified heavy energy resources. Those are the wages preciate the work of their staffs over air tanker, two heavy air tankers of proliferation: not security, but inse- the past several weeks. My own staff under contract to the State of Alaska, curity; not acclaim, but ostracism. and Chairman LUGAR’s staff were also three single-engine air tankers, and If the nations of the world—and espe- instrumental in bringing this work to three CL 215’s. These resources are cially the industrialized countries in what I believe will be a successful con- prepositioned around the State to be Europe and elsewhere that have impor- clusion. tant trade relations with Iran—will We have all been guided not by poli- used, when needed. band together to deliver this message, tics, but by the importance of the mat- Thus far, the brave men and women I believe that Iran will hear it and heed ter before us. When the issue is nuclear on our fire lines have been successful in it. But the message may well have to proliferation, uncountable innocent holding the fire away from primary be delivered with more than words. lives hang in the balance. On such an residences—not only in and around Countries may have to take forceful issue, the world must act as one. Fairbanks, but also in rural commu- diplomatic and economic actions in Mrs. MURKOWSKI. Mr. President, I nities like Chicken, Circle, Central, order to demonstrate to Iran the risks rise today to speak about the fires that Eagle, Evansville, Tanacross, Galena, that it runs if it insists upon building are burning in my State of Alaska. To and Venetie. a nuclear weapons capability. The date, there are 117 active fires in Alas- The firefighters remind me that the IAEA Board of Governors may well ka that have burned over 3.8 million proximity of the fires to people’s have to report Iran’s noncompliance to acres. That is larger than the entire homes creates a ‘‘teachable moment.’’ the United Nations Security Council, State of Connecticut, and 11 of these The operative words are ‘‘be firewise.’’ and the Security Council may have to fires started yesterday. This year is the We need to all remember building de- take action under Articles 39 through 3rd most active fire season in Alaska fensible space around structures not 41 of the United Nations Charter to en- since records have been kept, 1955. only increases the likelihood that a courage or order Iran to cease its pro- Alaskans have been living with these building will survive a fire. It also in- grams that would contribute to build- fires since early June. All told there creases safety to residents and our fire- ing that nuclear weapons capability. have been 479 of them since the start of fighters. Countries can also remind Iran that fire season. I want to reemphasize my strong sup- concerns which may have prompted its On Monday July 5, I visited the fire port for the fuels reduction provisions covert nuclear programs are now large- camp of the Boundary Fire, which was of the President’s Healthy Forest Ini- ly dissipated. The Soviet Union is gone, threatening residences north of Fair- tiative. This initiative is needed more and Russia does not threaten Iranian banks, AK. than ever now. Our Nation’s forestry sovereignty. Saddam Hussein is now a It rained while I was visiting the policy has to allow for responsible for- criminal in the dock, rather than a dic- camp. Rain and changes in the winds est management that includes the abil- tator with imperial ambitions. And the can bring an abrupt end to fire season. ity to remove, when appropriate, wild- case of Libya demonstrates that the I was hopeful that the change in weath- fire fuel from forests. Deteriorating United States will readily adjust its er would allow firefighters to put down forest and rangeland health now affects policy toward a country that renounces the Boundary Fire in short order. more than 190 million acres nation- Unfortunately, it was not to be. weapons of mass destruction and inter- wide, an area twice the size of Cali- Shortly after I left the fire camp, resi- national terrorism. Iran’s security con- fornia. cerns can be met—indeed, can best be dents of the Haystack subdivision were met—without its developing or pro- told it was safe to return home. Just a In Alaska, the damage caused by the ducing any weapons of mass destruc- few days ago, the Haystack subdivision spruce bark beetle, especially along the tion. was evacuated for the second time this Kenai Peninsula has been devastating. It is time that we have a serious dis- summer. This evacuation affects 150 Over 5 million acres of trees in south cussion with Europe about harmo- residents and 80 homes. central and interior Alaska have been nizing our policies toward Iran. Europe A total of 34 structures have been lost to insects over the last 10 years. has pursued a strategy of offering posi- lost to the fires now burning in the Expedited fuel reduction treatment on tive incentives for Iran to change its State. Haze from the fires in the inte- Federal land on which the existence of behavior, but no penalties if it does rior of Alaska is being experienced as disease or insect infestation is a crit- not—effectively the reverse of U.S. pol- far south as Juneau—that is a distance ical provision in this new law. icy. By coordinating more closely, the of about 800 miles. In addition to treating our Federal United States and Europe are more The heroes of this fire season are the lands, treating State and private lands likely to affect Iran’s actions. We 2,711 firefighters: many from Alaska is also important. Such lands benefit should clearly state that if Iran ends Native villages and others from the from the U.S. Forest Service’s State its pursuit of a nuclear weapons pro- lower 48 who are working night and day and Private Forestry Program. As we gram and gets out of the terrorism to protect homes, private property, and know, wildland fires do not discrimi- business, then we would be willing to subsistence resources. I am grateful to nate among land ownership patterns. change our policy of isolating and the coordinated efforts of the Alaska On the Kenai Peninsula alone, State, sanctioning Iran. Fire Service and the State Division of native corporation, and private lands I hope that enactment of the resolu- Forestry for their tireless work in com- have beetle kill in addition to Federal tion before us will help galvanize world bating these fires. This week, the com- lands on the Chugach and Kenai Na- attention to the threat of nuclear pro- munity of Fairbanks is celebrating tional Wildlife Refuge. There are still liferation in Iran and to the need to ‘‘Golden Days’’—their annual summer over 200,000 acres of untreated haz- convince Iran to change its ways. I carnival. I don’t know if any of the ardous fuels within the Wildland-Urban

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8650 CONGRESSIONAL RECORD — SENATE July 22, 2004 Interface, leaving many Alaskan com- I ask unanimous consent the speech we met the test of our times, it was because munities at risk. be printed in the RECORD. we drew inspiration from those who had gone Another critical program is the For- There being no objection, the mate- before, including the giants of history who est Land Enhancement Program rial was ordered to be printed in the are enshrined on this Mall, from Washington, who fathered America with his sword and en- (FLEP), which is part of the Farm Bill. RECORD, as follows: nobled it with his character . . . from Jeffer- This program helps communities and REMARKS OF SENATOR BOB DOLE—NATIONAL son, whose pen gave eloquent voice to our individuals to obtain grants for refor- WWII MEMORIAL DEDICATION, MAY 29, 2004 noblest aspirations . . . from Lincoln, who estation and thinning of lands im- In the first week of January 1945, a hungry preserved the Union and struck the chains pacted by beetle kill. and lonesome second lieutenant from small from our countrymen . . . and from Franklin In Alaska alone, a total of 478 private town Kansas dispatched a message to his Roosevelt, who presided over a global coali- landowners, along with 19 native cor- folks back home: ‘‘You can send me some- tion to rescue humanity from those who had porations are eligible for FLEP funds thing to eat whenever you are ready,’’ he put the soul itself in bondage. Each of these wrote. ‘‘Send candy, gum, cookies, cheese, for wildfire fuels reduction and timber presidents was a soldier of freedom. And in grape jelly, popcorn, nuts, peanut clusters, the defining event of the 20th century, their stand improvements. Without this Vicks Vapo Rub, wool socks, wool scarf, funding, eligible Alaskan landowners cause became our cause. On distant fields fudge, cookies, ice cream, liver and onions, and fathomless oceans, the skies over half have no opportunity to make needed fried chicken, banana cake, milk, fruit cock- the planet and in 10,000 communities on the forest health improvements on their tail, Swiss steaks, crackers, more candy, home front, we did far more than avenge lands. The farm bill in 2002 authorized Lifesavers, peanuts, the piano, the radio, the Pearl Harbor. The citizen soldiers who an- $100 million from the Commodity Cred- living room suite, the record player and swered liberty’s call fought not for territory, it Corporation over a 5-year period end- Frank Sinatra. I guess you might as well but for justice, not for plunder, but to lib- ing in fiscal year 2007. Only a total of send the whole house if you can get it into a erate enslaved peoples around the world. five-pound box. P.S., keep your fingers In contending for democracy abroad, we $20 million was used for landowner crossed.’’ cost-share and technical assistance in learned painful lessons about our own de- In authoring that only slightly exagger- mocracy. For us, the Second World War was fiscal year 2003 with $50 million trans- ated wish list I merely echoed the longings in effect a second American revolution. The ferred from FLEP to cover Forest Serv- of 16 million Americans whose greatest wish war invited women into the workforce. It ex- ice wildfire suppression costs. While was for an end to the fighting. Sixty years on posed the injustice on African Americans, supporting wildfire suppression, we our ranks have dwindled for the thousands Hispanics and Japanese Americans and oth- must and should utilize funding for assembled here on the Mall and the millions ers who demonstrated yet again that war is those State and private forestry pro- more watching all across America in living an equal opportunity employer. What we rooms and hospitals and wherever it may grams that aid communities in fuel re- learned in foreign fields of battle we applied be—our men and women overseas and our in post-war America. As a result, our democ- duction work to reduce these cata- friends in Great Britain and our allies all strophic wildfires we witness each racy, though imperfect, is more nearly per- around the world. Our final reunion cannot fect than in the days of Washington, Jeffer- year. long be delayed. son, Lincoln, and Roosevelt. That’s what We must work across party lines to Yet if we gather in the twilight it is makes America forever a work in progress— get the needed resources, recognizing brightened by the knowledge that we have a land that has never become, but is always fiscal responsibility, to all landowners kept faith with our comrades. Sustained by in the act of becoming. And that’s why the to reduce fuel load. This is a responsi- over 600,000 individual contributions, we armies of democracy have earned a perma- bility for all of us in Congress. have raised this memorial to commemorate nent place on this sacred ground. the service and sacrifice of an entire genera- f It is only fitting when this memorial was tion. What we dedicate today is not a memo- opened to the public about a month ago the SENATOR BOB DOLE AND THE rial to war, rather it’s a tribute to the phys- very first visitors were school children. For WORLD WAR II MEMORIAL ical and moral courage that makes heroes them, our war is ancient history and those out of farm and city boys and that inspires Mr. LEAHY. Mr. President, on Me- who fought it are slightly ancient them- Americans in every generation to lay down selves. Yet, in the end, they are the ones for morial Day, my wife Marcelle and I their lives for people they will never meet, whom we built this shrine and to whom we were honored to attend the dedication for ideals that make life itself worth living. now hand the baton in the unending relay of This is also a memorial to the American of the gleaming new World War II Me- human possibility. people who in the crucible of war forged a morial. This memorial is not only a Certainly the heroes represented by the unity that became our ultimate weapon. testament to the sacrifice of the 16 mil- 4,000 gold stars on the freedom wall need no Just as we pulled together in the course of a monument to commemorate their sacrifice. lion courageous men and women who common threat 60 years ago, so today’s They are known to God and to their fellow served in that grand struggle, but, in Americans united to build this memorial. soldiers, who will mourn their passing until some ways, it speaks to the tireless en- Small children held their grandfather’s hand the day of our own. In their names, we dedi- ergy of our friend and former Senate while dropping pennies in a collection box. cate this place of meditation, and it is in Entire families contributed in memory of majority leader, Bob Dole. their memory that I ask you to stand, if pos- loved ones who could win every battle except Senator Dole received a Purple Heart sible, and join me in a moment of silent trib- the battle against time. I think of my broth- in Italy, yet never let the lingering ef- ute to remind us all that at sometime in our er, Kenny, and my brothers-in-law Larry fects of his very serious wounds stand life, we have or may be called upon to make Nelson and Allen Steel, just three among the in the way of his overall effectiveness a sacrifice for our country to preserve lib- millions of ghosts in navy blue and olive erty and freedom . . . and ability to lead the Senate. After he drab we honor with this memorial. left office, he turned his special brand Of course, not every warrior wore a uni- . . . God bless America. of energy and intelligence towards en- form. As it happens, today is the 101st birth- f suring the completion of the new me- day of Bob Hope, the GI’s favorite enter- U.S.-CENTRAL AMERICA FREE morial. He helped raise awareness of tainer who did more to boost our morale TRADE AGREEMENT the project across the country and was than anyone next to Betty Grable. And I can critical to helping gain congressional already hear Bob . . . ‘‘but I was next to Mr. GRASSLEY. Mr. President, just approval of the measure. Betty Grable.’’ And it’s hard to believe, but yesterday the Senate passed the U.S.- During the dedication, Senator Dole today is also the 87th birthday of John F. Morocco Free-Trade Agreement Imple- Kennedy, a hero of the south Pacific, who, a gave a moving tribute to his comrades- mentation Act by a vote of 85 to 13. generation after the surrender documents This followed on the heels of Senate in-arms. These remarks helped give were signed aboard the USS Missouri, spoke further context and meaning to the pil- of a new generation of Americans tempered approval of the U.S.-Australia agree- lars, plaques, and fountains that make by war that was nevertheless willing ‘‘to pay ment by a vote of 80 to 16. The Aus- up this grand memorial. any price, bear any burden, meet any hard- tralia bill itself was preceded by re- I will ask to have these remarks in- ship, oppose any foe, to assure the survival newal and extension of the Africa cluded in the RECORD, and I implore all and success of liberty.’’ And we shall always Growth and Opportunity Act, which of my colleagues to take a few minutes honor the memory of our great leader and passed the Senate by unanimous con- to read this speech. our American hero, General Eisenhower, who sent on June 24 of this year. Prior to led us to victory all across the world. Today is a particularly fitting day to As we meet here today, young Americans that, the Senate was able to work out read Senator Dole’s remarks, as today are risking their lives in liberty’s defense. its differences and pass the JOBS Act is his birthday. I want to wish my They are the latest link in a chain of sac- by a vote of 92 to 5. I will note that friend a very happy birthday. rifice older than America itself. After all, if each of these bills passed in an election

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8651 year, a year in which many pundits ar- economic growth. The United States- on September 13th. This past Monday, gued that nothing on trade would get Morocco FTA will ease the burden on one of our former colleagues, Senator done. Americans, who, according to the Howard Metzenbaum, wrote an op-ed Well we proved them wrong. In fact, United States Trade Representative, for the Washington Post. In his article, this has been one of the most active currently face an average tariff of over Senator Metzenbaum highlights the years on trade in the Senate in recent 20 percent on products they export to broad support this law has among memory. I say, why stop now? We Morocco. Americans, as well as the inconsist- should continue our efforts to open for- Hopefully, this agreement will also encies between the stated positions and eign markets to U.S. exports. That is spur domestic economic growth in Mo- the actions of President Bush on the why I am calling on President Bush to rocco and encourage that nation to reauthorization of this critical law. send up the Central American Free raise its labor and environmental As my colleagues know, in addition Trade Agreement at the earliest oppor- standards. Like all nations, Morocco to banning 19 specific weapons, the ex- tunity. seeks to develop and modernize its isting ban makes it illegal to ‘‘manu- The CAFTA is an important part of economy. If distributed equitably facture, transfer, or possess a semi- our continuing efforts to open foreign amongst a nation’s citizens, economic automatic’’ firearm that can accept a markets to U.S. goods and services. modernization and prosperity are im- detachable magazine and has more This market access is critical if we are portant tools in the fight against ex- than one of several specific military going to continue to grow our exports tremist ideologies that promote ter- features, such as folding/telescoping to the world. For my home State of rorism. I hope that will be the case in stocks, protruding pistol grips, bayonet Iowa, the CAFTA brings important new Morocco. mounts, threaded muzzles or flash sup- market access opportunities for our Indeed, prospects of a United States- pressors, barrel shrouds or grenade soybean, corn, pork and beef as well as Morocco FTA have already in the last launchers. These weapons are dan- Iowa’s manufacturers and service pro- year prompted that nation to reform gerous and they should not be on viders. its labor laws. Now it is important that America’s streets. Under the current framework, many Morocco take all necessary steps to en- In April of this year, the Brady Cam- products from the CAFTA nations get force these laws. The U.S. should also paign to Prevent Gun Violence joined access to our market but we do not get encourage Morocco to pursue further hundreds of local elected officials and the same access to theirs. The CAFTA labor and environmental reform and senior law enforcement officials to will change that. It will level the play- strengthen its domestic enforcement of urge President Bush to push for reau- ing field for U.S. producers so they can international standards. thorization of this critical piece of gun compete in this growing market. That is not to say that this agree- safety legislation. Since then, the sup- The CAFTA also sends a strong mes- ment is perfect. No agreement will be port for this important law has grown sage to our Latin American neighbors. perfect—although I still believe that exponentially. In addition to former It shows our strong desire to reach out the Jordan FTA, which passed the Sen- Presidents Ford, Carter, and Clinton, and form deeper and lasting bonds with ate just a few years ago by a vote of 100 nearly every major law enforcement the international community, particu- to 0, should serve as a benchmark and organization in the country, gun safety larly in Latin America. The agreement guide for the crafting of free trade organizations, a bipartisan majority of will help to lock in economic reform agreements. Few bills, especially free the Senate, and countless local leaders and increase transparency in the re- trade agreements, pass with such over- have added their names to the list of gion. There is no doubt about it. The whelming support. I believe that sup- supporters. I commend them for their CAFTA can serve as a cornerstone of port was a testament to the inherent efforts in support of this commonsense economic growth and democracy for quality of that agreement. gun safety legislation. the region which will enhance the Despite my overall support for the In 1994, I voted for the assault weap- standard of living for millions of our pending agreement, I do have a signifi- ons ban and in March of this year I southern neighbors. cant concern here. First, as my col- joined a bipartisan majority of the A free trade agreement with these leagues are aware, the United States- Senate in voting to extend the assault nations represents a unique oppor- Morocco FTA, like the United States- weapons ban for 10 years. Unfortu- tunity not only for U.S. farmers, Australia FTA, includes language that nately, despite Senate passage of the ranchers, businesses and workers, but would allow prescription drug manu- amendment, it appears that this impor- also for promoting development, secu- facturers to prevent the reimportation tant gun safety law will be allowed to rity and prosperity in this region. It is of their products. expire. The House Republican leader- a good agreement for the United States For a variety of reasons, we are un- ship opposes reauthorizing the law and and for Central America. I will work likely to import drugs from Morocco in President Bush, though he has said he closely with President Bush and my the near future. So as a practical mat- supports it, has done little to help keep Senate colleagues to do all I can to lay ter, like the United States-Australia the law alive. the groundwork for a successful vote FTA, this provision will not affect drug I ask unanimous consent that the op- on CAFTA later this year. prices in the U.S. And as the United ed from Senator Metzenbaum be print- Mr. DODD. Mr. President, I rise to States-Morocco FTA was negotiated ed in the RECORD at the end of my speak about the United States-Morocco around the same time as the United statement. I also ask that the list of Free-Trade Agreement, which was States-Australia FTA, it is not sur- organizations in support of this critical passed in the Senate yesterday by a prising that this provision appears in piece of gun safety legislation be print- vote of 85 to 31. Nearly a year and a both agreements. But, in my view, this ed in the RECORD following Senator half of negotiations were devoted to provision must not be viewed as a Metzenbaum’s op-ed. crafting this agreement by U.S. and precedent by the Bush administration, There being no objection, the mate- Moroccan officials. I voted in support and I would discourage its inclusion in rial was ordered to be printed in the of the implementing legislation to this any future trade agreements entered RECORD, as follows: agreement, and it is my hope that both into by the U.S. Nor do I believe that it of our countries will soon move to prevents us from adopting laws related AMERICA WANTS THE ASSAULT WEAPONS BAN adopt the agreement. to drug importation in the future. (By Howard M. Metzenbaum) Every year, the United States ex- f A decade ago I was privileged to lead a ports roughly $475 million worth of fight with Senator Dianne Feinstein (D- goods to Morocco. While this amount is JUST SEVEN LEGISLATIVE DAYS Calif.) on what for me has become a deeply not high when we compare it with U.S. LEFT personal issue: the federal ban on assault exports to Australia—approximately Mr. LEVIN. Mr. President, this week weapons. These killing machines had no place on our streets in 1994 and they have no $13 billion in 2003—it is significant if is the last week that Congress is in ses- place now. Yet as the days pass, it is becom- we view it in the dual contexts of lev- sion before the August recess and there ing clear that many members of Congress are eling the playing field for American ex- is only one additional week to act be- content to skip through the summer months porters, and, second, development and fore the Assault Weapons Ban expires doing nothing while awaiting this fall’s

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8652 CONGRESSIONAL RECORD — SENATE July 22, 2004 greatest prize—not the elections, but the told us, ‘‘When the AWB sunsets, which I car. Though police have not deter- sunset of the assault weapons ban. fully expect it to do, we will be manufac- mined if they will file this as a hate Ten years after that great victory we are turing pre-ban style weapons and shipping crime, the additional shots fired at facing the extinction of an important public them to the general public through distribu- Thomas after the initial shooting seem safety law that was an unusual piece of bi- tion systems and dealers the very next day partisan lawmaking. In 1994 I had the sup- without doubt. . . . We look forward to Sept. to indicate an overkill factor common port of two men whom I would rarely call my 14th with great enthusiasm.’’ in many murders of transgendered peo- allies, Republican icons and After 19 years in the Senate, I understand ple in the U.S. . As a result, Congress was differences of opinions, ideologies and con- I believe that the Government’s first able to put public safety ahead of special-in- stituencies. What I cannot understand is why duty is to defend its citizens, to defend terest politics. congressional leaders and the administration them against the harms that come out What’s going on these days, by contrast, is think that the American public won’t notice of hate. The Local Law Enforcement typical political doublespeak. The president that the ban expired. We’ll notice, and Enhancement Act is a symbol that can speaks publicly in support of the assault they’ll be sorry. weapons ban but refuses to lobby actively for Reauthorizing the assault weapons ban is become substance. I believe that by it. The House majority leader, Tom DeLay of supported by: passing this legislation and changing Texas, says the president never told him per- Fraternal Order of Police current law, we can change hearts and sonally that he wants the assault weapons International Association of Chiefs of Po- minds as well. ban renewed, so DeLay isn’t going to pass it. lice f There you have it. The president says he Major City Chiefs supports the assault weapons ban but refuses National Association of Police Organiza- JUDICIAL NOMINATIONS to lift a finger for it. And the powerful House tions Mr. LEAHY. Mr. President, I regret majority leader—who does not support the National Organization of Black Police Offi- ban—is pretending that all it would take to that the President and the Republican cials leadership in the Senate continue to pass it is a word from the president. International Brotherhood of Police Offi- This is a tragic development for many rea- cers choose division over cooperation and sons, not the least of which is that the public Hispanic American Police Command Offi- confrontation over consensus on the wants this legislation. A new study, ‘‘Uncon- cers Association Presidents’ most controversial judicial ventional Wisdom,’’ by the Consumer Fed- American Probation and Parole Associa- nominees. Senators can work together, eration of America and the Educational tion Republicans and Democrats. The con- Fund to Stop Gun Violence, found that a National League of Cities flict we are experiencing on the Senate substantial majority of likely voters in 10 US Conference of Mayors states support renewing and strengthening floor, which has the collateral con- National Association of Counties sequence of disrupting important and the federal assault weapons ban, as do most US Conference of Catholic Bishops gun owners and National Rifle Association National Education Association unfinished work of the Senate, is by supporters. The survey found that: American Bar Association Republican partisan design. It is bad Voters in Midwestern states supported re- NAACP for the Senate and the country. newing the assault weapons ban slightly Americans for Gun Safety Earlier this morning I was at the more than those in Southwestern states. Brady Campaign to Prevent Gun Violence White House for the signing of the Law Midwestern states (Ohio, Wisconsin, Michi- United with the Million Mom March Enforcement Officers Safety Act. Sen- gan and Missouri) averaged 72 percent sup- Church Women United ator CAMPBELL and I were the lead port for renewal. Southwestern states (Ari- Episcopal Church, USA zona and New Mexico) averaged 67 percent. sponsors in the Senate on this success- American Academy of Family Physicians ful effort, which we know as the ‘‘Steve In Florida, 81 percent of likely voters sup- American Public Health Association port renewing the ban. Family Violence Prevention Fund Young Act’’ to honor an outstanding Rural states, traditionally seen as very National Coalition Against Domestic Vio- law enforcement officer. conservative on gun issues, strongly favored lence Another example of our bipartisan renewing the ban. Sixty-eight percent of vot- National Network to End Domestic Vio- cooperation is the resolution the Sen- ers in South Dakota and West Virginia sup- lence ate passed unanimously last night re- port renewal. National Association of Public Hospitals Majorities of gun owners in all but two garding with the consequences of the and Health Systems states favored renewing the ban. Even in Supreme Court’s decision in the National Association of Social Workers those two states, Missouri and Ohio, only Blakely case and the need to clarify Physicians for a Violence Free Society slightly less than 50 percent of gun owners American Association of Suicidology Federal criminal sentencing law, S. and NRA supporters favored renewing the Mothers Against Violence in America Con. Res. 130. The Senate has now said, ban. Child Welfare League of America consistent with the record we devel- In nine of 10 states surveyed, union house- oped at our recent Judiciary Com- holds supported renewing the ban by at least Alliance for Justice 60 percent. In Pennsylvania, 80 percent of f mittee hearing, that the Supreme Court should expeditiously clarify the union households supported renewing the LOCAL LAW ENFORCEMENT ACT ban and 73 percent supported strengthening status of the Federal Sentencing OF 2003 it. Guidelines. The Second Circuit Court At least 60 percent of current and former Mr. SMITH. Mr. President, I rise of Appeals urged expedited consider- military members and military families sup- today to speak about the need for hate ation. The Department of Justice is ported renewing the ban in all states sur- crimes legislation. On May 1, 2003, Sen- bringing cases to the Supreme Court veyed. In Wisconsin, more than three- ator KENNEDY and I introduced the fourths, 77 percent, of current and former and should seek expedited consider- military members and military families sup- Local Law Enforcement Enhancement ation to afford the opportunity needed port renewing the ban. Act, a bill that would add new cat- to obtain that necessary guidance. In March the Senate passed a renewed ban egories to current hate crimes law, There are scores of other measures as an amendment to a gun industry immu- sending a signal that violence of any on the Senate Calendar of Business on nity bill, which was the NRA’s top legisla- kind is unacceptable in our society. which we should be acting and could tive priority. President Bush issued a state- On August 12, 2002, Stephanie (Wil- have been acting this week. We still ment of administration policy calling the as- bur) Thomas, age 19, was driving her need to enact the Satellite Home View- sault weapons ban amendment ‘‘unaccept- able.’’ The amendment passed on a bipar- friend Ukea (Deon) Davis, age 18, home er Improvement Act, S. 2013; the Ag tisan vote, 52 to 47, but the underlying bill in southeast Washington, DC. The two Workers bill, S. 1645; the Dream Act, S. was defeated. It was a stunning loss for the young transgendered women were 1545; the judicial pay raise, S. 1023, the gun lobby. The NRA opposes even a straight members of Transgender Health Em- Anti-Atrocity Act, S. 710; the author- renewal of the ban. It maintains that most powerment, an African-American ization for mental health courts, S. Americans don’t want the ban renewed, let transgender support group. A car drove 2107; and other needed legislation on alone strengthened, and that Congress up beside them, and a gunman fired which there is so much bipartisan should let the ban expire. Not true. shots from an automatic weapon. The The gun industry is licking its chops wait- agreement. ing for the ban to expire. In an upcoming re- gunfire killed Ukea Davis and criti- With all this to do, with the 13 appro- port from the Consumer Federation of Amer- cally wounded Stephanie Thomas. The priations bills as yet unfinished, with- ica, ‘‘Back in Business,’’ one assault weapon gunman then got out of the car and out a budget, without serious oversight manufacturer’s sales and marketing director fired additional shots into Thomas’ of significant problems, it is incredible

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8653 to me that the Republican Senate lead- ated from Saddam, didn’t opt for democracy. ATTEMPTS TO OBTAIN ership is devoting this week to divisive (G) In ‘‘A World Transformed,’’ President ADMINISTRATION MEMORANDUMS cloture votes on controversial nomina- ‘‘Papa’’ Bush warned, ‘‘We should not march into Baghdad . . . turning the whole Arab Mr. LEAHY. Mr. President, as we go tions. Why they choose to sow division world against us . . . assigning young sol- out of session for the long recess at the rather than make progress on matters diers . . . to fight in what would be an end of this week, I am disappointed to that could improve the lives of so unwinnable urban guerrilla war.’’ (H) We report that Congress seems content to many Americans across the country is went into Baghdad anyway. (I) As the CIA let the issue of foreign prisoner abuse for others to explain. author of ‘‘Imperial Hubris’’ wrote, ‘‘There is linger without effective congressional Criticism of this ‘‘do-nothing’’ Con- nothing that bin Laden could have hoped for oversight. gress is becoming universal. Conserv- more than the invasion and occupation of The House Armed Services Com- ative writers who are more prone to Iraq.’’ (J) Now we are the infidel. Our inva- sion has turned Iraq into a shooting gallery mittee made it clear weeks ago that it promote the Republican agenda than and a recruitment center for al-Qaida. (K) believed the ongoing military inves- criticize its leadership have even joined The majority of the Iraqi people want us tigations into the abuses were suffi- in the chorus. Maybe that explains this gone. (L) Even with Saddam out, many feel cient. Until today, the Senate Armed misguided exercise, maybe it is reac- it wasn’t worth the lives of 900 killed, 5,000 Services Committee had not held a tion to all the criticism and an effort maimed for life and $200 billion. (M) Now hearing on the prisoner abuse issue in to shore up the extreme right-wing of most people of the United States think the more than a month. Chairman WARNER Republican support. I do not know. invasion of Iraq was a mistake. 1. We also know that: (A) Terrorism did called a hearing this morning to hear a I fear more and more that some want not start on 9/11. Terrorism has been going report on one of the investigations: an the Senate to become a wholly-owned on in Northern Ireland for 35 years. Ter- assessment of Army detention oper- subsidiary of this Presidency and the rorism now persists between India and Paki- ation doctrine and training, completed Federal courts to become an arm of the stan and between the Kurds and the Turks. by the Army Inspector General. Republican Party. That is wrong, that (B) Terrorism is not a war but a weapon. We Waiting for the administration to in- is unwise, that is unsound. The Amer- don’t call World War II the Blitzkrieg War or vestigate itself is not the answer. ican people need to say no and preserve the Battle of the Light Brigade the Cavalry There are at least four completed and War. (C) Terrorism against the United States this great democracy. is based on our policy in the Mideast. Osama seven ongoing military reviews into Rather than doing the people’s busi- bin Laden hit us because of our presence in the treatment of prisoners held in de- ness, the Senate is being forced into Saudi Arabia and policy in Israel/Palestine. tention facilities in Iraq, Afghanistan, contrived stunts for partisan political (D) Everyone knows that Israel is a U.S. and Guantanamo Bay. While these re- purposes. I urge the Republican leader- commitment. (E) We have maintained this views are necessary, they fail to ad- ship to use the upcoming recess to commitment for 37 years with an evenhanded dress critical issues: What role did learn about the Senate and its role in policy between the Israelis and the Palestin- White House officials, the Justice De- our Federal Government. Maybe read ians. (F) But President Bush changed the partment and other agencies play in policy of negotiations, confirming Israeli Master of the Senate, the extraor- settlements, and invading Iraq to secure developing the policies that allowed dinary and award winning book by Israel by democratizing the Mideast. (G) U.S. these abuses to occur? The military in- Robert Caro, or the Constitution of the News & World Report and others keep vestigations may uncover what went United States. parroting that terrorists hit us ‘‘because of wrong at the bottom of the chain of The American people deserve better. our values’’ and hate us ‘‘because of who we command, but it will take aggressive The Senate deserves better. Senator are.’’ Not so! It is our Mideast policy they congressional oversight to discover BYRD has spoken to this situation. Sen- oppose. what went wrong at the top of the The way to win the ‘‘war on terrorism’’ is ator DASCHLE, Senator REID and all to (1) Seek out al-Qaida and the Taliban and chain. Democratic Senators have dem- eliminate them. (2) Secure Iraq so that de- We need to get to the bottom of this onstrated over and over again our good mocracy can work. (3) Publicly renounce pre- scandal, but we also need to get to the faith and commitment to moving for- emptive war. (4) Rather than invasion, use top of it. Only by doing that can we re- ward. Let us all, Republicans and capitalism to spread democracy, which is sponsibly put it behind us and repair Democrats, come back from the up- now working in China. (5) Return to the the damage it threatens to our secu- coming hiatus in our Senate pro- evenhanded policy of negotiations with rity, to our credibility and to the safe- ceedings with a commitment to find Israel and Palestine. (6) Start rebuilding ty of our troops. both Israel and Palestine. Numerous attempts in Congress to the common ground that Senator Everyone laments our predicament after DASCHLE spoke about so well last just one year’s occupation of Iraq. Imagine uncover the truth have failed because month in the interests of the American 37 years’ occupation of Palestine. Anyone Republicans have circled the wagons people. with get up and go has gotten up and gone. and refused to support oversight ef- f Palestine is left with the hopeless and embit- forts. In the past week, Democratic tered. There is no leadership, hardly any- members of the House introduced reso- OUR MIDEAST POLICY thing to lead. But embittered refugees from lutions requiring the Secretary of Mr. HOLLINGS. Mr. President, I re- without lead with terrorism. A Palestinian State and the Attorney General to turn cently wrote a column on Mideast Pol- state must first be built in order to be recog- over all documents related to the nized. It can’t be built while homes are bull- icy for the Post and Courier in Charles- dozed, settlements extended and walls are treatment of prisoners in Iraq, Afghan- ton, SC. I want to share it with my col- constructed. Our hypocrisy is obvious. We istan and Guantanamo Bay. The reso- leagues and ask unanimous consent the hail President Reagan for saying, ‘‘Mr. lutions failed on straight party-line July 9 article be printed in the RECORD. Gorbachev, tear down this wall,’’ but now we votes, first on July 15 in the House There being no objection, the mate- say, ‘‘Mr. Sharon, put up this wall.’’ There International Relations Committee, rial was ordered to be printed in the are 1 million Arabs in Israel’s population of and yesterday in the House Judiciary RECORD, as follows: 6 million. For years the people of Israel and Committee. Palestine were learning to live together. The NOW WE KNOW: IT’S OUR MIDEAST POLICY Democratic members of the Senate Arab soccer team just won the national THAT’S CREATING ENEMIES Judiciary Committee tried to make championship of Israel. But the young of (By Ernest F. Hollings) Israel and Palestine are now learning to kill progress as long ago as June 17, 2004, Now we know: (A) That there are no weap- together rather than to live together. This is but the Committee, on a party-line ons of mass destruction in Iraq. (B) There creating terrorists big time, long term. vote, rejected a subpoena resolution for was no al-Qaida in Iraq on 9/11. (C) From 1993 People the world around respect America documents relating to the interroga- until we attacked in 2003—for 10 years—there for its stand for freedom and individual tion and treatment of detainees. Since was no terrorism by Saddam against the rights. It’s time to stop this wag of people that date, no action has been taken by United States. (D) Saddam was not involved ‘‘hating us’’ and against us ‘‘because of our the Senate Judiciary Committee, de- in the 9/11 attack on the United States. (E) values.’’ It’s not our values or people, but Mideast people are generally of the Islam re- our Mideast policy they oppose. We need to spite the clear need to resolve these ligion and tribal in culture. The Islam reli- return to evenhandedness and active nego- issues. gion is strong—those who don’t adhere are tiations in the Mideast. Then we can begin In the June 17 Committee meeting, considered infidels. (F) Mideast countries to win the ‘‘war on terrorism’’ and regain and in subsequent days on the Senate don’t yearn for democracy—Kuwait, liber- our moral authority in the world. Floor, several Senators said that we

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8654 CONGRESSIONAL RECORD — SENATE July 22, 2004 should give the administration more of Congress—and specifically Members fied and has not been released. Accord- time to respond to inquiries, even of the committees of jurisdiction— ing to USA Today: ‘‘Initially, the Of- though some of us had been asking for should be treated so incidentally. fice of Legal Counsel was assigned the information for more than a year. The ICRC reports did make an impor- task of approving specific interroga- Questions were submitted to the Attor- tant contribution, however. They ap- tion techniques, but high-ranking Jus- ney General on June 15, following his parently confirm that U.S. officials tice Department officials intercepted appearance before the Committee a should have been alerted to the pris- the CIA request, and the matter was week earlier. In the June 8 hearing, the oner abuse at Abu Ghraib prison handled by top officials in the Deputy Attorney General refused to provide in- months before the Pentagon announced Attorney General’s office and Justice’s formation and essentially demanded an investigation on January 16, 2004, Criminal Division.’’ that the Committee issue a subpoena and before General Taguba was as- While former administration officials for the requested materials. signed to lead this inquiry on January grant press interviews and write opin- On June 17, Democratic Judiciary 31, 2004. According to House members, ion articles denying wrongdoing, and Committee members were urged to the ICRC reports alleged serious abuses the White House and Justice Depart- withhold a subpoena and to give the at Abu Ghraib last fall, a time period ment hold closed briefings for the Attorney General until the end of the that coincides with the point at which media to disavow the reasoning of this month to respond. At that time, Chair- U.S. military intelligence reportedly previously relied upon memoranda and man HATCH said he believed the admin- took control of certain cellblocks of to characterize what happened, Sen- istration should comply; he said that it Abu Ghraib. In addition to the ICRC re- ators of the United States are denied was ‘‘the right thing to do.’’ He said ports, the New York Times has re- basic information and access to the that if the administration did not re- ported that in November 2003, a small facts. I would hope that the signifi- spond by the end of June, then ‘‘I may group of interrogators at Abu Ghraib cance of such unilateralism and arro- very well vote for a subpoena at that began sharing allegations of prisoner gance shown to the Congress and to its time.’’ That same day, Senator DEWINE abuse with senior officers. It is hard to oversight committees will register said, ‘‘I think the administration has comprehend the administration’s ap- with each and every Member of this to [clarify the policy] and has to re- parent failure to respond to the ICRC body. lease the information that will clarify and to internal military reports of These memos, which may have gov- that.’’ Senator SPECTER said, ‘‘I believe abuse for weeks or months in late fall erned official action for nearly two that this committee ought to know and early winter. years, are of particular concern be- what the interrogation practices are Some individuals who committed cause so much of what is happening in and I am prepared to pursue them.’’ abusive acts are being punished, as detention centers remains hidden. In But all in all, the Republicans asked us they must be. But this issue runs much addition to Abu Ghraib in Iraq, Bagram to give the Department more time, to deeper. What of those who gave the or- in Afghanistan, and Guantanamo Bay, wait for the Attorney General to an- ders, set the tone, or looked the other several shadowy detention centers are swer our questions. way? What of the White House and operated by the intelligence agencies And then, the Attorney General— Pentagon lawyers who tried to justify or possibly the military, some under through an aide—on July 1, again the use of torture in their legal argu- total secrecy. A report on secret deten- thumbed his nose at his obligations to ments? The White House has now dis- tions was released on June 17, 2004, by the Committee of jurisdiction over the avowed the analysis contained in the Human Rights First, a non-profit re- Department of Justice. He refused to August 1, 2002, Office of Legal Counsel search and advocacy organization for- provide a comprehensive set of answers memorandum. That memo, which was merly called the Lawyers Committee to questions submitted by the nine sent to the White House Counsel, ar- for Human Rights. This report raises Democratic members of this Com- gued that for acts to rise to the level of many important questions on the issue mittee, he refused to provide almost all torture, they must go on for months or of foreign prisons. I will ask unanimous of the documents that were requested, even years, or be so severe as to gen- consent that the introduction be print- and, again, he refused even to provide erate the type of pain that would result ed in the RECORD. The report, Ending an index of the documents being with- from organ failure or even death. The Secret Detentions, describes a number held. Because of the continued White House and the Department of of officially undisclosed locations that stonewalling by the administration, Justice now call that memo ‘‘irrele- sources—typically unnamed govern- Congress and its committees of juris- vant’’ and ‘‘unnecessary’’ and say that ment sources quoted in the press—have diction over the Department of Justice DOJ will spend weeks rewriting its described as detention centers for ter- remain largely in the dark about these analysis. rorism suspects. These sources have pertinent matters. A troubling editorial in the July 15 discussed facilities in Iraq, Afghani- Other Senate committees have faced Washington Post charges that several stan, Pakistan, Jordan, Diego Garcia, similar obstacles, even when there detainees in secret CIA custody have and on U.S. war ships. The ICRC has have been bipartisan requests for infor- probably been tortured, and that the not been allowed to visit these facili- mation. The Pentagon played games August 1, 2002, memo was written after ties. It issued a public statement in with the Senate Armed Services Com- those acts occurred in order to justify March expressing its growing concern mittee for seven weeks before showing the acts as legal. over ‘‘the fate of an unknown number members the reports on treatment of Meanwhile, we continue to hear of of people captured . . . and held in un- prisoners in Iraq produced by the Inter- more documents. The Department of disclosed locations.’’ To date, its re- national Committee of the Red Cross, Justice admitted in the July 1 letter to quests for access to the prisons have ICRC. While such reports are generally the Judiciary Committee that it had been denied. not released, the ICRC agreed early on ‘‘given specific advice concerning spe- In Iraq, where the Bush administra- that members of Congress should have cific interrogation practices,’’ but tion claims to be following the Geneva access to them on a confidential basis. would not disclose such advice to mem- Conventions, Human Rights First Members of the House and Senate bers of the Committee, who are duly states that it is unclear if the ICRC has Armed Services Committees were first elected representatives of the people of access to all detention facilities in the shown ICRC reports on Iraq last the United States, as well as members country. Even if it did, the Secretary Wednesday, July 14, after having re- of the committee of oversight for the of State admitted in June that he had quested them in early June. Department of Justice. USA Today re- approved requests to hide certain de- Access to these reports was ex- ported on June 28 that the Justice De- tainees from the International Red tremely limited, causing some Mem- partment issued a memo in August 2002 Cross. bers of the House Armed Services Com- that ‘‘specifically authorized the CIA And what of the secret detention cen- mittee to complain that the informa- to use ‘waterboarding,’ ’’ an interroga- ters? Have these facilities been man- tion was stale and that Pentagon tion technique that is designed to aged by officials operating under the briefers were unable to shed light on make a prisoner believe he is suffo- legal analysis contained in DOJ memos the abuses. It is puzzling that Members cating. This memo is reportedly classi- that argue for a very narrow reading of

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8655 the prohibition on torture? Have they wondered aloud how the Court could be sure has long respected as a positive force in up- been managed by officials acting in ac- that government interrogators were not holding international humanitarian law—has cordance with the President’s deter- abusing these detainees. You just have to repeatedly sought and been denied access to 6 mination that al-Qaeda and Taliban ‘‘trust the executive to make the kind of these facilities. As the ICRC recently noted quintessential military judgments that are in a public statement: suspects are not protected by the Gene- involved in things like that,’’ said Deputy Beyond Bagram and Guantanamo Bay, the va Conventions? What is the legal sta- Solicitor General Paul Clement! Later that ICRC is increasingly concerned about the tus of these individuals? Even in Iraq, evening, CBS’s 60 Minutes broadcast the first fate of an unknown number of people cap- where, as I just mentioned, the admin- shocking photographs of U.S. troops tor- tured as part of the so-called global war on istration claims to be applying the Ge- turing Iraqi prisoners at the Abu Ghraib de- terror and held in undisclosed locations. For neva Conventions, there is a great deal tention center in Iraq. the ICRC, obtaining information on these de- tainees and access to them is an important of ambiguity. The Human Rights First The photos from Abu Ghraib have made a policy of ‘‘trust us’’ obsolete. But they are humanitarian priority and a logical continu- report describes new categories of pris- only the most visible symptoms of a much ation of its current detention work in oners in Iraq, including ‘‘security de- larger and more disturbing systemic illness. Bagram and Guantanamo Bay.7 tainees,’’ ‘‘high value detainees,’’ and a Since the attacks of September 11, the Indeed, Human Rights First has been un- group of prisoners whose status the Co- United States has established a network of able to identify any official list of U.S. de- alition Provisional Authority declined detention facilities around the world used to tention facilities abroad employed in the to discuss. These are not categories of detain thousands of individuals captured in course of the ‘‘war on terrorism.’’ There is the ‘‘war on terrorism.’’ Information about likewise no public accounting of how many prisoners defined in the Geneva Con- are detained or for what reason they are ventions, and without full access given this system—particularly the location of U.S. detention facilities, how many are held held. And there has been a disturbing ab- the ICRC, no one can verify the cir- within them, on what legal basis they are sence of serious congressional oversight of cumstances under which they are being held, and who has access to the prisoners— both known and undisclosed detention facili- 8 held and interrogated. emerges in a piecemeal way, if at all, and ties. Second, these facilities have thrived in an The administration can provide a sig- then largely as a result of the work of inves- environment in which the highest levels of nificant amount of information about tigative reporters and other non-govern- U.S. civilian leadership have sought legal mental sources. The official secrecy sur- its practices in handling foreign de- opinions aimed at circumventing the appli- rounding U.S. practices has made conditions tainees without jeopardizing national cation of domestic and international rules ripe for illegality and abuse. security and while still protecting sen- governing arrest and detention. Where it Several of these facilities, including the sitive information. This should include would have once seemed crystal clear to U.S. military bases at Guantanamo Bay, military commanders and on-the-ground relevant facts about detention centers, Cuba, and at Bagram Air Force Base in Af- military custodians alike that the Geneva and an accounting of the number of de- ghanistan, are well known. The existence of Conventions governed the arrest and deten- tainees, their nationality, and the legal these facilities—and the fact of unlawful tion of individuals caught up in the conflicts authority under which each is held. I conduct within them—have been widely pub- in Iraq and Afghanistan, this Administration licized and well documented. Nonetheless, also restate my longstanding request has challenged the applicability of those there is still no or only conflicting informa- for the documents produced by the rules. In several recently leaked legal opin- tion about how many individuals are held White House, the Justice Department, ions from White House Counsel, and the De- there, troubling information about inad- the Pentagon and other agencies that partments of Defense and Justice, it has be- equate provision of notice to families about come clear that some in the Administration form the legal basis for this Adminis- the fact of detainees’ capture and condition, have given a green light to the wholesale tration’s treatment and interrogation and unclear or conflicting statements about violation of these rules.9 of foreign prisoners. detainees’ legal status and rights. While the As a result, it remains unclear what legal With his words, President Bush says International Committee of the Red Cross status has been assigned to those being de- (ICRC) has visited these facilities, their vis- he wants the whole truth, but with his tained at these U.S.-controlled facilities. Are its have been undermined in ways contrary actions he and his administration in- they prisoners of war, civilians who took a to the letter and spirit of binding law. stead have cynically blocked the doors direct part in hostilities (who the Adminis- In addition, there are detention facilities that lead to the answers. The American tration calls ‘‘unlawful combatants’’), or are that multiple sources have reported are they suspected of criminal violations under people and the American troops who maintained by the United States in various civilian law? The Administration has applied are put at risk by these policies and officially undisclosed locations, including fa- no clear system for defining their status. It abuses need and deserve to understand cilities in Iraq, Afghanistan, Pakistan, Jor- also is unclear under many circumstances how this happened, and they need to dan, on the British possession of Diego Gar- which U.S. agency is ultimately responsible cia, and on U.S. war ships at sea. U.S. Gov- know it will not happen again. For the for their arrest or the conditions of their ernment officials have alluded to detention sake of our national security interests confinement. And it now seems that U.S. facilities in undisclosed locations, declining and our credibility, we need to show military and intelligence agencies are in- to deny their existence or refusing to com- the world the right way that a demo- volved in their interrogation, as well as ci- ment on reports of their existence.3 A De- vilian or foreign government contractors to cratic society corrects its mistakes. partment of Defense official told Human whom aspects of detention and interrogation Thwarting adequate oversight and Rights First in June 2004 that while Abu has been outsourced. It is likewise unclear to avoiding accountability will not make Ghraib and Guantanamo’s Camp Echo were whom a family member or legal representa- this problem go away, it will compound open to discussion, ‘‘as a matter of policy, tive can appeal to challenge the basis for we don’t comment on other facilities.4 Simi- it. their continued detention. I ask unanimous consent the report larly, Captain Bruce Frame, a U.S. army Finally, the U.S. government has failed to to which I referred be printed in the spokesman from CENTCOM, the unified mili- provide prompt notice to families of those RECORD. tary command that covers Africa, the Middle captured that their family member is in cus- (There being no objection, the mate- East, and Central Asia, told Human Rights tody, much less information about their rial was ordered to be printed in the First only that there ‘‘may or may not’’ be health or whereabouts. In such cases, the detention centers in countries other than RECORD, as follows:) families of individuals removed to such un- Iraq and Afghanistan in CENTCOM’s area of known locations have had no opportunity to [From Human Rights First, June 2004] 5 responsibility. challenge detentions that may continue for ENDING SECRET DETENTIONS THE KNOWN UNKNOWNS extended periods.10 For example, Saifullah (By Michael Posner and Deborah Pearlstein) What is unknown about this detention sys- Paracha, according to information his fam- I. INTRODUCTION tem still outweighs what is known about it. ily received from the ICRC, has been de- More than 3,000 suspected terrorists have But facilities within it share in common key tained at Bagram Air Force Base for more been arrested in many countries. Many oth- features that—while having unclear benefits than 11 months. His wife and children remain ers have met a different fate. Put it this in the nation’s struggle against terrorism— in the dark, not only of the reason for his de- way, they’re no longer a problem to the make inappropriate detention and abuse not tention, but also when they can expect Mr. United States and our friends and allies. only likely, but virtually inevitable. Paracha to be released or tried.11 Other indi- (President George W. Bush, State of the First, each of these facilities is maintained viduals captured more than a year ago re- Union Address, February 4, 2003) in either partial or total secrecy. For the main in detention at other undisclosed loca- In April, the U.S. Supreme Court heard past half-century, the United States has con- tions.12 The lack of information to family oral arguments in the cases of Jose Padilla sidered itself bound by international treaties members about these detainees violates U.S. and Yaser Hamdi—both U.S. citizens who and U.S. military regulations that prohibit legal obligations and sets a negative prece- have been held in military detention facili- such blanket operating secrecy. Yet in this dent for treatment that may be directed at ties for more than two years. One justice conflict, the ICRC—which the United States U.S. soldiers in the future. It also engenders

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8656 CONGRESSIONAL RECORD — SENATE July 22, 2004 great anguish and suffering on the part of We should be clear—the United States has Vice Admiral Holder assumed his the families of detainees—no less than did important and legitimate interests in gath- current duties as Director for Logistics the practice of ‘‘forcible disappearance’’ in ering intelligence information and in keep- on the Joint Staff on September 4, 2001 past decades—while engendering enormous ing some of this information secret. But we just one week prior to the fateful at- hostility toward the United States. are not demanding the public release of any tacks on U.S. soil. In this capacity he IN THE INTEREST OF NATIONAL SECURITY information that would compromise these interests. What we are calling for is an offi- has worked tirelessly and with great The Administration has argued that, faced cial accounting—to Congress and to the success to plan, organize and direct the with the unprecedented security threat ICRC—of the number, nationality, legal sta- posed by terrorist groups ‘‘of global massive logistics effort of the nation in tus, and place of detention of all those the reach,’’ 13 it has had to resort to preventive support of our Armed Forces in the United States currently holds. We ask that detention and interrogation of those sus- global war on terrorism, including suc- all of these places of detention be acknowl- pected to have information about possible cessful combat operations in Afghani- edged and open to inspection by the ICRC, terrorist attacks. According to the Defense and that the names of all detainees be made stan and Iraq. At the same time, he has and Justice Departments, a key purpose of available promptly to the ICRC and to others been instrumental in guiding the trans- these indefinite detentions is to promote na- with a legitimate interest in this informa- formation of military logistics to a tional security by developing detainees as tion. Neither logic nor law supports the con- true 21st century structure that links sources of intelligence. And while much of tinued withholding of the most basic infor- industry, supply, transportation, main- what goes on at these detention facilities is mation about the United States’ global sys- steeped in secrecy, intelligence agents insist tenance and management systems ca- tem of secret detention. Trust is plainly no pable of supporting our forces around that ‘‘[w]e’re getting great info almost every longer enough. day.’’ 14 the globe. Vice Admiral Holder has had Whatever the value of intelligence infor- f direct and far-reaching influence on mation obtained in these facilities—and RETIREMENT OF VICE ADMIRAL numerous policies, programs and oper- there is reason to doubt the reliability of in- GORDON S. HOLDER, UNITED ations that support our soldiers, sail- telligence information gained only in the STATES NAVY ors, airmen and marines, including, course of prolonged incommunicado deten- tion15—there is no legal or practical jus- Mr. NELSON of Florida. Mr. Presi- most notably the rotation of forces in tification for refusing to report comprehen- dent, I rise today to recognize a great Operation Iraqi Freedom, the largest sively on the number and location of these patriot, sailor and fellow Floridian, movement of American forces since detainees—or to fail to provide the identities VADM Gordon S. Holder. Vice Admiral World War II. of detainees to the ICRC, detainees’ families, Holder is retiring after a distinguished I ask my colleagues to join me in their counsel, or to others having a legiti- 36-year career in the United States thanking Vice Admiral Holder for the mate interest in the information (unless a Navy. leadership he has provided, for the care wish to the contrary has been manifested by and concern he has demonstrated for the persons concerned). Gordon Holder entered naval service The United States is of course within its in 1968 after graduating from Florida our service members and their families power to ask questions and to cultivate local State, University in Tallahassee and and for his dedicated and honorable sources of information. And the United completion of the Officer Candidate service to our Nation and Navy. As he States certainly has the power to detain—in School in Newport RI. Since then he as turns to retired life, we wish him, his keeping with its authority under the Con- served with distinction in peace and wife Pat and family Godspeed and all stitution and applicable international law— war in a variety of command and staff the best in the future. those who are actively engaged in hostilities positions on shore and at sea. f against the United States, or those suspected Vice Admiral Holder’s illustrious ca- of committing or conspiring to commit acts reer includes sea duty on the USS Wil- NATIONAL HEALTH INFORMATION against the law. But it does not have the TECHNOLOGY ADOPTION ACT power to establish a secret system of off- liam C. Lawe (DD 763) as First Lieuten- shore prisons beyond the reach of super- ant and Combat Information Center Of- Mr. BUNNING. Mr. President, I vision, accountability, or law. ficer, USS Brumby (DE 1044) as Oper- would like to rise today to talk for a Finally, even if some valuable information ations Officer, USS Boulder (LST 1190) few minutes about a bill I am cospon- is being obtained, there are standards on the as Chief Engineer, and USS Hermitage soring, the National Health Informa- treatment of prisoners that cannot be set (LSD 34) as Executive Officer. His first tion Technology Adoption Act, S. 2710. aside. The United States was founded on a command at sea was USS Inflict (MSO This bill, introduced yesterday by Sen- core set of beliefs that have served the na- 456), with subsequent commanding offi- ator GREGG, chairman of the Senate tion very well over two centuries. Among the Health, Education, Labor and Pensions most basic of these beliefs is that torture cer afloat tours in USS Whidbey Island and other cruel, inhuman or degrading treat- (LSD 41) and USS Austin (LPD 4). He Committee, takes an important step ment is wrong; arbitrary detention is an in- has also served staff tours with Com- forward in bringing our Nation’s med- strument of tyranny; and no use of govern- mander Seventh Fleet and Commander ical system into the 21st century. ment power should go unchecked. The re- Naval Forces, U.S. Central Command In today’s society, it seems that al- fusal to disclose the identity of detainees, as Fleet Exercises and Amphibious most everything is computerized and prolonged incommunicado detention, the use Warfare Officer, and with Amphibious on-line. You can pay your bills on-line, of secret detention centers, and the exclu- Group Two as Assistant Chief of Staff order your groceries on-line, and even sion of judicial or ICRC oversight combine to for Operations and Plans. file your taxes on-line. However, for remove fundamental safeguards against tor- ture and ill-treatment and arbitrary deten- Shore tours include Aide to the Com- the most part, medical records are still tion. Current practices which violate these mandant Sixth Naval District and on paper and in files. This means these principles must be stopped immediately. Commander Naval Base Charleston, records are uneasily shared between The abuses at Abu Ghraib underscore the Company Officer and Special Assistant doctors treating the same patient or reason why, since the United States’ found- to the Commandant, U.S. Naval Acad- are not readily available during an ing, Americans have rejected the idea of a emy, and Assistant Surface Com- emergency. government left to its own devices and act- mander Assignments Officer, Naval Earlier this year, the Bush adminis- ing on good faith in favor of a government Military Personnel Command. In 1980, tration made computerizing the Na- based on checks and balances and anchored to the rule of law. As James Madison noted, Vice Admiral Holder graduated with tion’s medical record and building a ‘‘[a] popular Government without popular in- distinction from the Air Command and nationwide health network a priority. formation, or the means of acquiring it, is Staff College at Air University, Mont- Yesterday, Health and Human Services but a Prologue to a Farce or Tragedy.’’ 16 gomery, AL. Secretary Tommy Thompson released This nation’s history has repeatedly taught Vice Admiral Holder was selected for a 10-year plan for doing just that. the value of public debate and discourse. To promotion to flag rank in December S. 2710 is similar to the administra- cite one example, the United States learned 1993 and has served as Commander tion’s plan and takes some immediate this 30 years ago when a series of congres- Naval Surface Group Middle Pacific steps to start fulfilling this goal, in- sional investigations uncovered widespread, and Commander Naval Base Pearl Har- cluding establishing an official office secret domestic spying by the CIA, NSA, FBI, and the Army—revelations whose im- bor, Commander Naval Doctrine Com- at the Department of Health and pact on the intelligence agencies was, in mand, Commander Amphibious Group Human Services to coordinate health former CIA Director Stansfield Turner’s Two, and Commander, Military Sealift information technology at the national words, ‘‘devastating.’’ 17 Command. level. The bill also provides assistance

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8657 to local communities linking their Republican and Democratic Administra- judge and jury could fashion their own label- health care systems, along with pro- tions), except for one who is currently an at- ing requirements for drugs and medical de- viding grants for purchasing health in- torney in the Office of the General Counsel vices, there would be regulatory chaos for of the Department of Health and Human these two industries that are so vital to the formation technology. Services. We are writing to recommend re- public health, and FDA’s ability to advance Creating a safe, secure and reliable consideration of the amendment to the FDA the public health by allocating scarce space system for medical records won’t be appropriations bill by Representative Hin- in product labeling to the most important easy, but if done properly, it could help chey of New York on the floor of the House information would be seriously eroded. By health care providers reduce medical of Representatives, which would reduce the assuring FDA’s primary jurisdiction over errors and provide better care to their appropriation for the FDA Office of Chief these matters, Mr. Troy is establishing a patients. We could also see a substan- Counsel by $500,000 and would increase the sound policy of national decisions that pro- mote the public health and, thus, the public tial savings in administrative costs appropriation for the Division of Drug Mar- keting, Advertising, and Communications in interest. which will help lower health care costs the FDA Center for Drug Evaluation and Re- We therefore recommend that the $500,000 for everyone. search by a corresponding amount. We sup- cut from the appropriations for the FDA Of- S. 2710 is a good first step, and I am port additional funds for the Division of fice of Chief Counsel be restored. proud to be a co-sponsor. I am hopeful Drug Marketing, but we believe that the re- Sincerely yours, that the members of the Senate Com- duction of the appropriation for the Office of PETER BARTON HUTT (1972– mittee on Health, Education, Labor Chief Counsel and Representative Hinchey’s 1975). RICHARD A. MERRILL (1975– and Pensions can work together to pass reasons for penalizing that Office cannot be supported. 1977). this bill soon, and that we can get it to FDA’s Office of Chief Counsel performs RICHARD M. COOPER (1977– the President’s desk by the end of the critical functions in the administration and 1979). year. enforcement of the Federal Food, Drug, and NANCY L. BUC (1980–1981). f Cosmetic Act and other laws administered THOMAS SCARLETT (1981– by FDA. The substantial reduction in the 1989). LABOR-HHS APPROPRIATIONS funding of that Office, therefore, would ma- Mr. GREGG. Mr. President, second, Mr. GREGG. Mr. President, the Sen- terially impair its ability to meet the needs as stated in the letter from the five ate will soon have the opportunity to of its client, FDA. Such impairment would former FDA chief counsels, the FDA be contrary to the public interest. has been filing amicus briefs for such consider the 2005 Labor-Health and Representative Hinchey’s reasons for pe- Human Services Appropriations bill re- purposes since long before Mr. Troy’s nalizing the Office of Chief Counsel and criti- tenure. Mr. Troy is responsible for safe- cently passed the House. Included in cizing FDA Chief Counsel Daniel E. Troy are that bill is a provision that would di- set forth in the House Debate on the FDA ap- guarding the FDA’s ability to carry vert $500,000 in funding from the Office propriations legislation as reported in 150 out the responsibilities Congress has of the General Counsel at the Food and Cong. Rec. H5598–H5599 (July 13, 2004). Rep- given the Agency, and his interest in Drug Administration—FDA. As chair- resentative Hinchey states that Mr. Troy those cases has been to preserve the man of the committee with oversight ‘‘has taken the agency in a radical new di- FDA’s authority and to safeguard the rection’’ by submitting amicus curiae briefs over the FDA, I believe that such a Agency’s primary jurisdiction. in cases in which courts have been asked to Finally, if Mr. Troy’s previous work provision is not only misguided, but require labeling for pharmaceutical products for a client—in this case Pfizer—auto- based upon a flawed understanding of that conflicts with FDA decisions about ap- matically precluded him from rep- both the Agency and the facts. propriate labeling for those products. Rep- resenting a federal agency in any mat- resentative Hinchey characterizes this activ- According to the sponsors of this pro- ter affecting that client, such a policy vision, such a punitive measure is war- ity as a ‘‘pattern of collusion between the FDA and the drug companies and medical de- would not only discourage, but make it ranted because the current Chief Coun- extremely difficult for any private sec- sel, Dan Troy, is taking the Agency ‘‘in vice companies’’ in a way that has ‘‘never happened before.’’ tor attorney from taking a job in gov- a radical new direction’’ by filing ami- These characterizations are inaccurate. ernment. Additionally, I know from cus curiae briefs in product liability In Weinberger v. Bentex Pharmaceuticals, personal experience that Mr. Troy has cases. Sponsors of this provision also Inc., 412 U.S. 645 (1973), the Supreme Court the character and the integrity to claim that Mr. Troy’s involvement in agreed with the briefs filed by the Depart- ment of Justice on behalf of FDA that the recuse himself from a matter when ap- one such case is suspect because it in- propriate. On at least one occasion in volved Pfizer, a client of Mr. Troy’s agency has primary jurisdiction over new drug issues. In Jones v. Rath Packing Co., which my office was required to inter- when he was with the law firm of 425 U.S. 933 (1977), the FDA took the position act with the FDA, Mr. Troy recused Wiley, Rein & Fielding. Such charges in an amicus curiae brief submitted by the himself from involvement in the mat- are patently without merit, and I Department of Justice that federal food la- ter, citing his interest in complying would like to take this opportunity to beling requirements preempt inconsistent strictly with FDA rules. set the record straight. state requirements, and the Supreme Court Mr. Troy’s actions are neither inap- First, Mr. Troy has not broken any agreed. In subsequent private tort litigation, propriate nor unprecedented. Rather, new ground by having the FDA inter- FDA has taken the position, through amicus these are examples of Mr. Troy doing ject in product liability cases on the curiae briefs filed by the Department of Jus- tice, that FDA decisions regarding drug his job and enforcing the law. I urge side of a defendants without the court product labeling and related issues preempt my colleagues to carefully consider requesting the Agency’s position. I inconsistent state court determinations, and these facts before supporting any pro- have here a letter addressed to me from the courts have agreed. E.g., Bernhardt v. vision, such as this one, that would un- five former FDA chief counsels—two of Pfizer, Inc., 2000 U.S. Dist. Lexis 16963 (No- dermine the FDA’s ability to protect which are Democrats—affirming that vember 16, 2000); Eli Lilly & Co. v. Marshall, the public health and patient access to Mr. Troy’s actions are neither ‘‘rad- 850 S.W. 2d 164 (Texas 1993). All of this was to safe and effective life-saving therapies. protect a uniform national system of food ical’’ nor ‘‘novel.’’ I ask unanimous f consent that a copy of that letter be and drug law. All of it occurred before Mr. Troy assumed his current position. In none AVIATION SECURITY printed in the RECORD. of these cases did any court request FDA’s There being no objection, the mate- opinion. Thus, there is ample precedent for Mr. HOLLINGS. Mr. President, the 9/ rial was ordered to be printed in the the actions that Mr. Troy has recently been 11 Commission released its report RECORD, as follows: undertaking. His action is not radical or today on the events leading up to 9/11, JULY 21, 2004. even novel. and the security failures that precip- Re Hinchey Amendment to cut $500,000 from The amicus curiae briefs filed by the De- itated this tragedy. The Senate Com- the appropriations for the FDA Office of partment of Justice at the request of Mr. merce Committee has spent a great Chief Counsel Troy protect FDA’s jurisdiction and the in- deal of its time and attention on avia- Hon. JUDD GREGG, tegrity of the federal regulatory process. tion security over the years. I have There is a greater need for FDA intervention Chairman, Health, Education, Labor and Pen- served in the U.S. Senate for more than sions Committee, U.S. Senate, Washington, today because plaintiffs in courts are intrud- DC. ing more heavily on FDA’s primary jurisdic- 38 years. This institution can be slow DEAR CHAIRMAN GREGG: The undersigned tion then ever before. In our judgment, Mr. to make decisions, but when needed, comprise all of the former Chief Counsel to Troy’s actions are in the best interests of the this body can move quickly and effec- the Food and Drug Administration (in both consuming public and FDA. If every state tively. After 9/11, we acted immediately

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8658 CONGRESSIONAL RECORD — SENATE July 22, 2004 to create the Transportation Security proper actions to improve our trans- ruary 1991. Twenty-nine of the incidents Administration in an effort to force portation security, I am afraid that we were hijackings, six were commandeerings, real change in our aviation security re- will find ourselves once again respond- and one was a potential hijacking that was prevented at a security checkpoint. The pur- gime. Fast action to bolster our Na- ing to a national tragedy that could pose of this review is to determine what ele- tion’s aviation security was critical to have been stopped with the proper ac- ments, if any, were common to these events. restore the trust of travelers in an air tions and preparation. Incidents involving general aviation aircraft transportation system that was on the I ask unanimous consent to print a are not included in this report. verge of collapse. New York Times editorial on aviation HIJACKER WEAPONS AND EXPLOSIVES Congress has often acted decisively security in the RECORD, as well as a Persons who hijacked aircraft used a vari- during the deliberation of aviation se- memorandum detailing hijackings ety of methods, including the use and/or curity issues. For example, following from 1983 to 1991. claim of real or fake weapons, explosive de- the work of a prior presidential com- There being no objection, the mate- vices, or incendiary devices. In some in- mission, a bipartisan group, led on the rial was ordered to be printed in the stances, more that one method was used in a single incident. Senate side by Senator LAUTENBERG RECORD, as follows: Real weapons were used during five hijack- and former Senator D’Amato, inves- [From the New York Times, July 11, 2004] ings. Small knives (blade length of four tigated the 1998 destruction of Pan Am A DANGEROUS RETREAT ON SECURITY inches or less), the most frequently em- Flight 103 over Lockerbie, Scotland, Bashing federal bureaucracies is a favorite ployed weapon to hijack aircraft, were used and made numerous recommendations. sport among Republicans on Capitol Hill, but in three incidents. One of these involved We took up and passed many of them their fun should not come at the expense of three persons using two knives. A handgun, a as part of the Aviation Security and national security. That is what is likely to small pistol of unknown caliber, was used in only one hijacking. This incident involved an Improvement Act, P.L. 101–604. I also happen if airport security checkpoints are once again turned over to profit-driven pri- escorted prisoner who disarmed his three was in the Senate as a wave of hijack- guards after he obtained a weapon appar- ing to Cuba in the late 1960s and early vate contractors. Under a little noticed pro- vision of the post-9/11 aviation security law ently cached in the aircraft’s lavatory by 1970s led to the wide use of metal detec- that would undoubtedly shock most trav- persons and means unknown. A plastic flare tors at commercial airports. elers, airports may soon have that option. gun was used in another hijacking. Unfortunatley, the current threat to Air travelers find it reassuring that federal Flammable liquids (or liquids claimed to security is a more sophisticated one, employees now guard the front lines in the be flammable) were used in seven hijacking and one that has forced our govern- war on terror, which makes it all the more incidents. Hijackers threatened to ignite liq- uids in bottles or aerosol hair spray-type surreal that a Sept. 10 mind-set could still ment to change the way we deal with cans with cigarette lighters, candles, or persist on Capitol Hill. The Bush administra- security in general. Prior to 9/11, we matches. Fake explosive devices were dis- tion and House Republican leaders initially had a poorly paid screener workforce, played in ten incidents and explosive devices opposed the creation of the federal Transpor- were claimed in eight others. Fake weapons, with a high turnover rate. Post 9/11, we tation Security Administration after the including a starter pistol and a realistic have a better trained, better paid 2001 terrorist attacks, arguing that private looking toy pistol, were used in three hijack- workforce with a relatively low turn- contractors should continue screening pas- ings and weapons were claimed in two oth- over rate. Some, however, want to turn sengers. They gave in to the public demand ers. One hijacker neither used nor claimed a for a federal takeover, but they made sure to back the clock. We cannot let that hap- weapon or explosive device. None of the hi- pen. plant the seeds of the effort’s rollback. They jacking incidents involved the use of an ac- Even prior to 9/11, there are indica- set an arbitrary cap on the number of federal tual explosive device. tors that FAA was concerned with a screeners and set up a pilot program of five Except for the escorted prisoner who had number of events around the world re- airports that would continue being served by been searched, all of the individuals who private companies, though their screeners used real weapons to effect a hijacking went garding hijackings. Following Pan Am have to meet the agency’s standards and are 103, we pushed to put bomb detection through preboard screening procedures at paid the same. airport security checkpoints. Weapons were equipment in airports, but until TWA Republican leaders are loath to see the fed- usually hidden in carry-on luggage or on the 800 blew up over Long Island in July of eral government grow on their watch, and hijacker. The hijacker who used a starter 1996, there was no real effort to fund security industry lobbyists are eager to get a pistol to effect his act passed it through aviation security. larger slice of the billions being spent to pro- screening in carryon luggage. He also had a Today TSA is spending $5.3 billion tect air travelers. So both want to see the pair of scissors and two knives in his carry- annually on all transportation secu- pilot program expanded. Under the 2001 law, on, but these were well within acceptable individual airports will be able to apply to standards of the time and were not used in rity, and it is not enough. We have un- opt out of the federal system later this year, derfunded capital construction at air- the hijacking. Although it does not appear and rely on private contractors overseen by that there were any especially intricate at- ports, causing a delay in the installa- the T.S.A. tempts at concealment, a cassette radio was tion of Explosive Detection Systems. None of this makes any sense. It has taken reportedly used to hide a knife in one inci- We have a cap on the number of secu- a herculean effort to deploy the agency’s dent. rity screeners that can be hired, caus- tens of thousands of officers at more than 400 A potential hijacking was prevented when ing huge lines at many of our airports airports in two years. The agency has vastly two individuals were arrested before the air- because we will not provide the money improved airport security, without per- craft became airborne. Three individuals fecting it, and is still making progress. who had aroused suspicion prior to boarding needed to do the job right. But avia- It’s true that the security provided by pri- their flight were searched at the security tion, comparatively, is in far better vate firms at San Francisco and four lesser checkpoint. One person passed through the shape than maritime and rail—areas airports is a far cry from the lax pre–9/11 checkpoint and went on into the aircraft; that are woefully underfunded. I have standard. Studies claim it is no better or however, one of his accomplices was found to made this point to the new head of worse than the security provided by the have a plastic flask of gasoline strapped to TSA, Admiral Stone, but it is OMB and T.S.A. But that has been in a period when his leg. The first individual was again the administration that are the federal agency was just getting up to searched and was found to have a toy pistol stonewalling the security funding. speed, and when companies knew they were as well as a flask of gasoline. Their accom- essentially on probation. plice was not caught. Simple as that. To privatize security at a time of growing COMMANDEERINGS With all we know about the threats, complacency would be a dangerous step one would think that we would be able Real weapons—two knives, two handguns, back. Air travelers do not want to see air- and a fire ax—were used in five comman- to fully fund our security needs, but ports compromise security for the sake of deering incidents, and a fake explosive de- OMB continues to play the types of convenience, or federal standards for the vice was used in a sixth. Although access was games it plays with all agencies. Look sake of profit margins. gained to aircraft in five incidents, a at our Homeland Security Appropria- ticketed passenger was involved in only one. tions bill—no direction on how funds SPECIAL ANALYSIS—CIVIL AVIATION INCIDENTS None of the aircraft that were com- IN THE UNITED STATES, 1983–1992 need to be allocated or which areas mandeered became airborne, and the situa- need greater attention. We have given This report is an ACI–200 analysis of 36 in- tions were resolved through negotiations cidents involving the hijacking or comman- and/or arrests. the administration a blank check to deering of aircraft, which occurred in the Two commandeering incidents involved spend the money on programs it be- United States and Puerto Rico between Jan- persons who went through preboard screen- lieves will protect us, but it is not uary 1, 1983 and October 1, 1992. The most re- ing. In one incident, an individual had a fish- enough. If we keep refusing to take the cent of these incidents took place in Feb- ing knife in his carry-on luggage. Although

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8659 he had no ticket, he realized from observing by the escorted prisoner in another, and a One other incident occurred in which a hi- the screening procedure that he did not need knife and aerosol spray can was used in the jacker was supposed to have accomplices. He one co enter the sterile area. Once through third incident. Fake explosive devices were and three others had planned to commit the the security checkpoint, he ran past a gate displayed in six incidents; two of these were hijacking, but, unknown to him, the others attendant during boarding and on to a used in combination with a claim of a flam- did not board the flight after one had been jetway where he used his knife to force his mable liquid and/or a fake weapon. Two hi- detected with a knife at the security check- way into the aircraft. The second incident jackers also claimed to possess an explosive point. It was only after the hijacker rose involved a ticketed passenger who, upon device. Incendiary devices were claimed in from his seat and announced his demand to boarding his flight, displayed a device con- six incidents, sometimes in connection with go to Cuba that he realized he was alone. sisting of wires and an electrical switch. the use of other devices or claims. In one OTHER FACTS Persons who circumvented security check- such incident, the hijacker poured a liquid Only two of the individuals involved in the points were involved in three comman- that smelled like gasoline or kerosene on 36 incidents were females. One woman suc- deering incidents. Security procedures were himself and his seat and then sat holding a cessfully hijacked a flight to Cuba using a observed by the suspects in two of these. One lit candle. plastic flare gun, and the other ran past a se- individual, who after watching screening Eight of the hijacked flights did not divert curity checkpoint with a handgun, gained procedures realized she would not be able to to Cuba. A real weapon, a knife, were used in access to an aircraft, and held several hos- pass her handgun through the checkpoint, just one of these incidents. Another incident tages before being arrested. This second indi- determined that she could walk quickly past involved the use of a fake weapon (starter vidual was determined to be suffering from a security personnel via the passenger exit pistol) and a claim of explosives. Fake explo- mental disorder. ramp; the other individual waited until sive devices were exclusively claimed in one Many of the individuals involved in the hi- deplaning passengers caused an automatic incident and used in three others, once with jackings had purchased flight tickets paid door to open. Both of these persons bran- a claim of a flammable liquid. A weapon was for in cash. More often than not, these were dished handguns (.22 and .25 caliber) when alleged in one incident, and one incident oc- same-day purchases of one-way, economy challenged, and each was able to access an curred in which neither a device nor a weap- class tickets. A few of the hijackers re- aircraft. In a third incident, an individual on was used or claimed. mained in their assigned seats throughout grabbed a knife at a food concession area. He Many of the hijackers who sought to go to the incident. More than half of the hijack- ran past a security checkpoint to the door of Cuba had arrived in the United States during ings were initiated by the hijacker either no- the aircraft, which was closed, and was thus the Mariel Boatlift in the early 1980s and tifying a flight attendant orally or in writ- wanted to return. Their motivations in- prevented from gaining access to the plane. ing, or by physically accosting a crew mem- One commandeering incident also involved cluded homesickness, financial problems, ber. Several hijackers simply stood up and a passenger who had been deplaned and was discouragement, and a desire to see family or announced their act, and a few locked them- already in the sterile area. He broke through sick relatives. These individuals usually selves in a lavatory. A few also created dis- an alarmed door and gained access to the Air spoke and understood only Spanish. Several turbances, such as pouring liquid on them- Operations Area. He then entered an aircraft hijackers, however, were non-Cubans who selves or their surroundings and threatening committed their acts for political reasons, being serviced and held several crew mem- to ignite it. There is evidence of preplanning that is, to escape the United States and/or bers hostage with a fire ax he found on in all but one of the incidents. Finally, there find support for the ‘‘revolution.’’ Some of board. are no indications that any hijackers were the hijackers who wanted to go to Cuba, fur- familiar with the operation of an aircraft. MENTAL DISORDERS thermore, suffered from mental disorders. Nine of the 36 incidents (25%) were com- Most, if not all, of the hijackers who land- ANALYSIS mitted by persons who were diagnosed as ei- ed in Cuba were arrested and subsequently During the past nine years, several ele- ther being mentally incompetent to stand tried, convicted, and sentenced to prison. ments common, to the 36 hijackings and trial or suffering from various mental dis- This fact was widely publicized in the United commandeering incidents in the U.S. are evi- orders. For example, charges were dismissed States and may have been a factor in a sharp dent: Generally only one person was involved against the ticketed passenger who displayed drop in the number of subsequent hijackings in each incident; one-fourth of all suspects a fake explosive device upon boarding the to Cuba (17 between May 1983 and January were suffering from some form of mental dis- aircraft because he was determined to be suf- 1985, and one each year from 1987 through order; international terrorists were not in- fering from a mental disorder. In another sit- 1991). volved in any of the incidents; most inci- uation, the individual who held hostages OTHER HIJACKINGS dents were preplanned acts rather than spur of the moment decisions; actual explosive aboard an aircraft with a fire ax was suf- Of the seven hijackings in which Cuba was devices were not used; hijackers frequently fering from a mental disorder; he committed not given as a destination, two aircraft land- claimed to possess explosive or incendiary his act because he believed ‘‘Mafia hit men’’ ed where the hijacker demanded and the oth- devices; actual weapons were used more fre- were about to kill him. ers continued on course. The hijackers used quently during commandeering incidents Real weapons were used in three incidents fake explosive devices in two incidents, than in hijacking situations; many of the by persons suffering a mental disorder; two claimed explosives in three, and claimed perpetrators simply wanted to go somewhere had handguns, and one person obtained a fire weapons in two. Real weapons were not used for a variety of economic, social, or family ax on board in aircraft. Security measures in these incidents. were circumvented on two occasions. One hi- reasons, and either could not afford a ticket MULTIPLE HIJACKERS jacker suffering a mental disorder used a or had no other means of transport; and Only three of the 36 incidents involved fake weapon, a starter pistol, but also bad a there were no deaths to passengers or air- more than one person. Two of these were hi- pair of scissors and two knives in his carry- craft crew members. jackings, neither of which was especially so- on luggage. Many of the incidents occurred either Five of the nine incidents that involved phisticated, and the third was a potential hi- within the sterile area or on board aircraft. persons suffering mental disorders were hi- jacking that was prevented at the security Although security procedures at screening jackings, and four were commandeerings. checkpoint. None of the commandeering in- checkpoints do not appear to have been at Claims of explosives or weapons occurred in cidents involved more than one person. fault in the majority of these cases, some se- In one incident, a hijacker produced a bot- three incidents. Fake explosive devices were curity failures did occur. Actual weapons tle of liquid that smelled like gasoline and displayed in two incidents; in one of these, were taken through screening checkpoints in locked himself in the rear lavatory, while an six incidents. Small knives were used in the hijacker displayed a fake device but had accomplice went to the forward galley hold- a two liter soda bottle filled with gasoline, three hijackings, a plastic flare gun in one ing a device that was later determined to be incident, and a handgun in another. A small which he apparently had intended to use, in fake. The two hijackers were seated one row fishing knife was used in a commandeering baggage he was made to check. apart. The second incident occurred when a Specific destinations were given in five of incident. Fake weapons, a realistic looking passenger in the aft galley grabbed a flight the situations involving persons with mental toy pistol and a starter pistol, were used in attendant and held a knife to her throat. At disorders. In one commandeering incident, three hijackings. the same time, two accomplices arose from Several hijackings were committed with the individual wanted to take control of the their seats; one held a knife and the other a common, innocuous-looking items. More aircraft and immediately crash it in order to can of aerosol spray and a cigarette lighter. than one-third of these incidents were com- commit suicide. The potential hijacking involved the two in- mitted by persons carrying hoax explosive HIJACKINGS TO CUBA dividuals detected with flasks of gasoline devices, for example, a pump toothpaste con- Cuba was the destination of choice in 22 of tied to their legs. One person had passed tainer attached to a flashlight, a large chal- the 29 hijackings since January 1983. Four- through the security checkpoint and was on ice-like cup, and a cellular telephone. teen of the first 16 flights hijacked to Cuba, board the aircraft when his accomplice was Threats were also made to ignite gasses in between May 1, 1983, and December 31, 1984, stopped at the checkpoint. The first indi- aerosol cans or flammable liquids (as actually landed in Havana. No flights have vidual was again searched and was found to claimed) in bottles and flasks in some inci- successfully been hijacked to Cuba since. have a toy pistol in addition to the flask of dents. Of the 14 hijackings that ended in Cuba, gasoline. Both individuals stated that a third There were, however, some security suc- real weapons were used in three. A flare gun person who was with them, and who was not cesses. One hijacking was prevented at a se- was used in one incident, a handgun was used caught, paid them to transport the devices. curity checkpoint and another did not take

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In the award was created by General George national terrorist attack.’’ second incident, the discovery of a knife at a So, this year, as the anniversary of checkpoint resulted in the boarding of only Washington, who established the Hon- one of four persons who planned to hijack orary Badge of Distinction in the fig- the creation of this commendation ap- the aircraft to Cuba. ure of a heart in purple cloth or silk on proaches and as we vote to recognize At the same time that these types of inci- August 7, 1782. Since that time, more this day, I also urge the Army to award dents were taking place in the United States, than 1,535,000 Americans have received Specialist Garriga the Purple Heart as a different kind of aircraft hijacking was oc- Purple Hearts, and their numbers are a symbol of our recognition of his sac- curring in other parts of the world. These in- growing daily as the war in Iraq con- rifice in the war in Iraq. He has earned cidents, some of which involved U.S. reg- istered carriers, were noteworthy because of tinues to take its toll. it. their complexity, duration, and deadliness. Over 5,000 Americans have been f wounded in Iraq, many of them suf- They include the hijackings of Trans World U.S.-CHINA ECONOMIC AND SECU- Airways Flight 847 and Kuwaiti Air Flight fering horrific injuries. One such Amer- RITY REVIEW COMMISSION RE- 422, which involved multiple and often zeal- ican is SP Gabe Garriga, one of my PORT ous, well-armed, well-trained, and dis- constituents. Specialist Garriga volun- ciplined hijackers. Unlike their contem- teered for the Illinois National Guard Mr. SARBANES. Mr. President, I rise porary U.S. counterparts, these individuals right after September 11, when he was to call to the attention of my col- often demonstrated a willingness to die rath- leagues the release on June 15 of the er than fail and to kill others if their de- just 17 years old, because he felt obli- mands, which were frequently politically- gated to go and make a difference. 2004 Report to Congress of the United motivated, were not met. In many instances, In the summer of 2003, his unit was States-China Economic and Security passengers were killed as a result of the ac- deployed to Iraq. On July 14, 2003, Spe- Review Commission. tions of such hijackers. cialist Garriga was rushing to help de- The Commission was created by Con- Why such incidents did not occur in the fend a checkpoint in Baghdad. The gress on October 30, 2000, as part of the United States during the past nine years is a checkpoint had been breached by an National Defense Authorization Act for matter of conjecture. Many theories have 2001. Its principal sponsor in the Senate been advanced, including logistical and oper- Iraqi car that sped through without ational problems for international terrorists, stopping, and U.S. soldiers feared that was Senator BYRD. The charter of the non-interest by U.S. domestic terrorist this was yet another suicide bomber. In Commission provides that it be com- groups, and difficulties (or perceived difficul- the rush to defend the checkpoint, posed of 12 Commissioners, 3 of whom ties) in accessing targets. It should not be Garriga’s Humvee slammed into an- are appointed by each of the Congres- presupposed from this, however, that such other Humvee and he was thrown from sional leaders in both the House and hijackings will never occur in the U.S. Po- his gun turret directly into burning Senate. The Commission is thus bipar- litically motivated hijackings by multiple tisan, and reflective of the leadership hijackers have, in fact, taken place in the fuel canisters. U.S., but not within the past 9 years. The wounds this young man suffered of both the House and the Senate. During the past nine years, hijackers in were absolutely horrendous. He had The purpose of the Commission, ac- the United States have acted in striking con- second and third degree burns over al- cording to its charter, is to ‘‘monitor, trast to some of their more noteworthy most half his body and severe abdom- investigate and report to Congress on international counterparts. They usually inal injuries. Doctors gave him a 1 per- the national security implications of have not been motivated by the same polit- cent chance for survival, but he beat the bilateral trade and economic rela- ical forces, such as the freeing of political tionship between the United States and prisoners or providing publicity for a cause, those daunting odds. and they have not exhibited the lame pro- Specialist Garriga deserves every- the People’s Republic of China.’’ The pensity to die and kill others rather than thing this Nation can give him in re- Commission is required by its charter fail. turn for his service and sacrifice and to submit an annual report to Con- The fact that handguns were seldom used that includes a Purple Heart. gress, which must include a full anal- and actual explosive devices never used in This award was reinstated in 1932, a ysis, along with conclusions and rec- domestic hijackings during the past nine century and a half after General Wash- ommendations for legislative actions, years is interesting, but it should not be as- if any, of the national security implica- sumed that future hijackers will act simi- ington created his Badge of Military larly. It is not known why this occurred; it Merit. At that time, Army regulations tions for the United States of trade and may be a reflection of either better screen- defined the conditions for the award as current account balances, financial ing procedures or a perception that it is too ‘‘a wound which necessitates treatment transactions, and technology transfers difficult to pass a gun on board an aircraft. by a medical officer and which is re- with the People’s Republic of China. Since several small knives and other items, ceived in action with an enemy.’’ In preparation for its 2004 annual re- such as a pair of scissors and a starter pistol, There is no doubt that Specialist port, the Commission held 11 public were successfully passed through screening Garriga’s wound necessitated medical hearings, including field hearings in checkpoints in a carry-on bag, however, the Columbia, SC, and San Diego, CA. system is not infallible. treatment—27 operations are blunt tes- Although most U.S. hijackings during the timony to that terrible fact. And there Through these hearings the Commis- past nine years were committed by persons is no doubt in my mind that Gabe was sion heard the perspectives of members acting alone, it should not be assumed that involved in action with an enemy when of Congress, current and former senior future incidents will follow this format. If he and his comrades were rushing to government officials, representatives there are accomplices, however, they will defend that breached checkpoint in a of industry, labor and finance, aca- likely identify themselves in the beginning time of war. Nonetheless, over a year demics, journalists, and citizens. The of the incident rather than remain hidden. later, he has still not received a Purple Commission took testimony from more Based on past experiences, the hijacker(s) may possess ore or more weapons or a flam- Heart. than 130 witnesses. mable liquid, a fact which they likely will Current Army regulations reiterate The Commission’s fact-finding and make known, or they may claim to possess the conditions spelled out in 1932 and examination process also included an explosive device. add ‘‘It is not intended that such a funding statistical analyses of China’s Hijackings should be taken seriously un- strict interpretation of the require- role in world trade and investment, and less it is obvious that there is no threat or ment for the wound or injury to be its compliance record with its WTO danger. It is often difficult to determine if a caused by direct result of hostile ac- commitments. Moreover the Commis- claimed weapon, explosive device, or incen- diary device is real. The hijacker(s) should tion be taken that it would preclude sion contracted for the translation of be given the benefit of the doubt until cir- the award being made to deserving per- articles from influential publications cumstances prove otherwise. sonnel.’’ within China discussing Beijing’s eco- f Seeking to prevent a suicide bombing nomic and security strategies and its against U.S. troops or officials or perceptions of the United States. NATIONAL PURPLE HEART against innocent Iraqi civilians is the During the course of its delibera- RECOGNITION DAY act of a soldier engaged in the fight tions, the Commission developed a Mr. DURBIN. Mr. President, I am in against terrorism. President Reagan, broad bipartisan agreement on the support of S. Con. Res. 112 which sup- in fact, explicitly expanded the terms issues it was charged by Congress to

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The other aspects of United States-China U.S. investments, joint ventures and re- U.S. trade deficit with China con- trade and political relations. It makes search and development projects; China’s stituted over 23 percent of the total a number of recommendations to help U.S. investments; and bilateral exchange and U.S. goods deficit. Further, with U.S. manage the relationship to minimize education programs. exports to China of $28 million and im- security risks and to enhance prospects The lengthy commission report paints a ports from China of $152 billion, U.S. of moving China toward a more open, picture of China leveraging the short-term trade with China constitutes our most democratic and law-based society to financial ambitions of diverse U.S. interests the benefit of both countries. to capture money and technology vital to its lopsided trading relationship. The re- highly focused, long-term goal of trumping port notes that over the past 10 years, In my view, this 2004 report of the the United States—and of the U.S. govern- the U.S. trade deficit with China has Commission makes a very valuable ment at best adrift in monitoring and man- grown at an average rate of 18.5 per- contribution to our policy delibera- aging its side of this imbalanced and criti- cent, and if it continues growing at tions on China. I salute Senator BYRD cally important relationship. It’s a caution this rate, it will double to $248 billion for his wisdom in calling for the cre- worth the highest attention. within 5 years. The report further ation of the Commission, and thank all f the Commissioners for their contribu- notes that since 1998, the United States CONTINUING FAILURE TO tion to our knowledge of the United has moved from a global trade surplus ADDRESS H–2B VISA CRISIS in advanced technology products, ATP, States-China economic and political of $29.9 billion to a deficit of $27 billion relationship. The Baltimore Sun ran an Mr. LEAHY. Mr. President, I came to in 2003, of which $21 billion is attrib- editorial which strongly praised the re- this floor more than 2 months ago to uted to our trade with China. port and found that ‘‘the case for ‘ur- decry the Senate’s failure to respond to The Commission report unanimously gent attention and course corrections’ a crisis, caused by Federal policy, that finds that, ‘‘The magnitude of the to U.S. policies on China is well made.’’ has disrupted the operations of small goods trade deficit threatens the na- I ask that the Baltimore Sun editorial and large businesses throughout the tion’s manufacturing sector, a sector be inserted in the RECORD after my United States. This crisis has contin- that is vital for our national and eco- statement. ued unabated since then, but the re- nomic security.’’ It further notes that I strongly commend the 2004 report of quests for help from these businesses China has a ‘‘coordinated sustainable the United States-China Economic and have continued to fall on deaf ears. vision for science and technology de- Security Review Commission to my In March, the Department of Home- velopment’’ and urges our country to colleagues. land Security announced that for the develop a ‘‘comprehensive national pol- There being no objection, the mate- first time ever, the annual cap for H–2B icy to meet China’s challenge to our rial was ordered to be printed in the visas had been met. These visas are scientific and technological leader- RECORD, as follows: used by a wide range of industries ship.’’ [From the Baltimore Sun, June 17, 2004] throughout the Nation to fill tem- The report finds that China is sys- THE CHINA TRADE-OFF porary labor needs. In my home State tematically intervening in the foreign In the past year, some large foreign inves- of Vermont, they are used primarily by exchange market to keep its currency tors were for the first time allowed to enter the tourist industry. undervalued, and that this has contrib- China’s domestic stock market to buy shares The Department of Defense appro- uted to the size of the U.S. trade deficit of Chinese firms. This includes shares of part priations conference report, before us of Norinco, China North Industries Group—a today, includes a very narrow solution with China and has hurt U.S. manufac- transnational conglomerate that was found- turers. The report further notes that ed by the People’s Liberation Army, that re- to this problem, benefiting a single in- China has policies in place to attract tains strong military ties, that makes every- dustry that uses H–2B visas. The con- foreign direct investment ($57 billion in thing from baby shoes to missiles, and that ference report exempts aliens seeking 2003) and to develop its national pro- has drawn U.S. sanctions for arming Iran. jobs in the ‘‘fish roe’’ industry from ductive capacity in ‘‘pillar industries’’. Given the lack of disclosure in China, for- counting against the H–2B cap. The These policies include tariffs, limita- eign investors and technology traders with provision does nothing to help the Norinco and other Chinese firms cannot broad categories of employers who use tions on access to domestic marketing know if their resources will end up serving channels, requirements for technology China’s long-term, well-coordinated stra- H–2B visas. transfer, government selection of part- tegic plan to compete with American eco- Across the country, businesses in a ners for joint ventures, preferential nomic, military and political power. That wide range of industries have been loans from state banks, privileged ac- potential danger is the basis for the very scrambling this summer, having been cess to land, and direct support for re- strong alarms sounded this week by the U.S- forced to discard business plans that search and development. China Economic and Security Review Com- relied on the foreign employees who In order to begin to help correct our mission, a bipartisan congressional group had always before been available to monitoring U.S.-China relations. trading relationship with China, the In its wide-ranging annual report, the com- them. For years, these employers had Commission urges that the U.S. imme- mission warns that rapidly increasing trade, applied in the spring for the employees diately seek to have the yuan revalued investment and technology flows between they needed for the summer, filling po- substantially upward against the dollar the two nations are far too lopsided in Chi- sitions for which they were unable to and then to be pegged against a trade na’s favor—eroding U.S. economic strength, find American workers. The cap had weighted basket of currencies. After abetting China’s military build-up and its never been reached, and they had no such an immediate revaluation, the development as a high-tech manufacturing reason to believe this year would be Commission recommends that China, platform, and potentially threatening U.S. different. I know that the March an- security interests. Worse, the commission as it addresses problems in its banking found that the U.S. government often is far nouncement came as a shock to many system, move to a market-based cur- too blind to these hazards in arguably its employers in my State, and dozens of rency. It further recommends that Con- most important long-term relationship. them contacted my office to see what gress should charge USTR and the The report will be criticized by some for could be done. This setback fell equally Commerce Department to undertake a demonizing Beijing just as the West is pene- hard on employers in other States. comprehensive examination of China’s trating Chinese markets and succeeding in In response to these requests, I joined industrial policies, described in the re- dramatically drawing China into the com- with a substantial bipartisan coalition port, to determine which may be illegal munity of nations. But in general, the case in introducing S. 2252, the Save Sum- for ‘‘urgent attention and course correc- under provisions of the WTO, and to tions’’ to U.S. policies on China is well made. mer Act of 2004. Senator KENNEDY is lay out specific steps the U.S. can take For starters, the commission is urging the the lead sponsor of the bill, which has to address these practices through the United States to use the World Trade Orga- 18 cosponsors, including 8 Republicans.

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8662 CONGRESSIONAL RECORD — SENATE July 22, 2004 Our bill would add 40,000 visas for the service failure at a wastewater treat- The President’s National Strategy current fiscal year, providing relief to ment plant. Treatment works clean for Homeland Security, issued in 2002, those summer-oriented businesses that wastewater that comes from our toi- states, ‘‘A complete and thorough as- had never even had the opportunity to lets, showers, and sewers and send it sessment of America’s vulnerabilities apply for visas. Unfortunately, the Re- back into our rivers, streams, lakes, will not only enable decisive near-term publican leadership has refused to and oceans. Those same bodies of water action, but guide the rational long- move this bipartisan bill. The leader- are our drinking water sources. With- term investment of effort and re- ship has refused even to move a bill out proper treatment, we would see the sources.’’ Not only does DHS plan to that Senator HATCH introduced, and public health effects of the same type use vulnerability assessments to evalu- which was supported only by Repub- of water-borne disease outbreaks such ate threat information and provide licans. Instead, a tiny minority of Sen- as cholera that we saw in Iraq earlier warnings, but also to allocate re- ators has been given a veto over doing this year due to the failure of waste- sources. I agree that one of the most anything to address this problem for water treatment plants. efficient ways to spend limited re- the current fiscal year or years to I believe that the Congress should sources is to dentify where we are vul- come. take the risk to wastewater treatment nerable and where we are threatened, The Senate must act in a comprehen- plants seriously. Unfortunately, S. then target resources to the cross-sec- sive way to solve this problem. I urge 1039, the Wastewater Treatment Works tion of those two areas. the majority leader to bring H–2B leg- Security and Safety Act, provides secu- Under S. 1039 as reported, it is un- islation to the floor as soon as possible, rity for our Nation’s wastewater infra- clear where DHS will get the informa- so we can assure that the summer of structure in name, only. tion they require to complete a na- 2005 will not be a replay of the summer First, this bill is a rollback of cur- tional vulnerability assessment and of 2004. rent law requiring vulnerability assess- make resource allocation decisions ments and emergency response plans at f that will increase the level of security drinking water utilities. In 2002, the in our Nation. What is clear is that WASTEWATER TREATMENT WORKS Congress passed H.R. 3448, the Public DHS is likely to receive only partial SECURITY ACT OF 2003 Health and Bioterrorism Preparedness information, if any, from a subset of Response Act of 2002, P.L. 107–188. This Mr. JEFFORDS. Mr. President, I rise wastewater plants that voluntarily today in opposition to the Wastewater act requires community water systems to conduct vulnerability assessments choose to complete a vulnerability as- Treatment Works Security Act of 2003. sessment and that voluntarily choose In the wake of September 11, 2001, I and develop an emergency response to share the information they collect. believe that it is imperative that the plan that incorporates the results of Without the best, most up to date, ac- Nation takes every reasonable action the vulnerability assessment. Vulner- curate information available, DHS will we can to prevent terrorism, create ef- ability assessments are to be submitted to EPA. The threats posed by drinking be unable to fully perform its mission. fective response and recovery mecha- In addition, elected officials in Con- water and wastewater facilities are nisms, and find ways to minimize any gress have a constitutional oversight impacts should an event occur. similar. These plants are often co- role over Federal agencies and the laws The Congress has a key role in facili- located. It makes no sense to adopt they implement. Under S. 1039, Con- tating these actions by establishing au- weaker standards for one sector of the thorities for Government agencies, es- industry than the other. The Bioter- gress will not be accountable to the tablishing the legal framework in rorism Act ensures that water systems public for the purpose or implementa- which homeland security improve- take basic action to first identify and tion of this law—Congress will not be ments will occur, and appropriating then address security needs. able to request or access information adequate funding for the homeland se- Second, S. 1039 increases wastewater from the Federal agencies because the curity mission. Protecting our Nation’s security in name only. It does not re- agencies will not have such informa- critical infrastructure is a major piece quire the most basic security pre- tion. At the beginning of this Congress, I of our homeland security strategy. cautions—completion of a vulner- The water sector has been identified ability assessment and the incorpora- introduced the Wastewater Treatment as an element in our Nation’s critical tion of the results into a treatment Works Security and Safety Act, S. 779. infrastructure since the issuance of works’ emergency response plan. Under This legislation mirrors existing law Presidential Decision Directive 63 the provisions of S. 1039, we do not for drinking water systems. It requires (PDD–63), issued in by President Clin- know if individual publicly owned all wastewater utilities to conduct vul- ton in May 1998, which was the first treatment works will choose to com- nerability assessments and to develop major governmental action focused on plete a vulnerability assessment be- or modify emergency response plans to reducing the vulnerability of our Na- cause there is no requirement to do so. incorporate the results of the vulner- tion’s critical infrastructure. We do not know if they will incor- ability assessments. It requires that At that time, and in each document porate their findings into emergency these documents be presented to the outlining homeland security respon- response plans that are designed to EPA for review, and it includes signifi- sibilities since that time, the Environ- protect communities surrounding those cant security measures designed to mental Protection Agency, EPA, was plants because there is no requirement protect this information from unau- designated as the lead for water infra- to do so. These most basic actions are thorized disclosure. It authorizes $185 structure protection. not too heavy a burden for the waste- million for assistance in completing The security needs are significant in water treatment industry to bear. vulnerability assessments, for imme- the water and wastewater sectors. S. 1039 also does not require, and may diate security improvements, and for There are over 16,000 publicly owned actually preclude, the submission of assistance to small treatment works. It treatment works in the United States, vulnerability assessments that are authorizes $15 million for research to serving almost 190 million people. completed to the Federal Govern- identify threats, detection methods, These industrial facilities use large ment—a serious obstacle in the Depart- and response actions. This bill will quantities of toxic chemicals in their ment of Homeland Security’s ability to clearly enhance the security of our Na- treatment and disinfection processes. perform its mission. Providing the re- tion by taking real actions to improve They are located near population cen- sults of a facility’s vulnerability as- the security of wastewater treatment ters and other critical infrastructure. sessment and its emergency response works. A chemical accident would pose a seri- plan to the Federal Government is a The Federal Government has a re- ous threat. In addition, collection sys- vital step both to ensure that vulner- sponsibility to protect the American tems run beneath every city and town ability assessments are completed in people. If S. 1039 becomes law, the Fed- in America, creating potential cor- critical infrastructure sectors and to eral Government will not know if pub- ridors for travel or opportunities for ensure that the Federal Government licly owned treatment works will vol- access. has all of the information it requires to untarily conduct a vulnerability as- There are also serious public health secure the Nation against a potential sessment, if they will voluntarily im- risks associated with a disruption or terrorist attack. plement the security needs identified,

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8663 or if they will incorporate the results laborative decision-making body, mod- that would be afforded through the ac- into their emergency response plans, eled on the Upper San Pedro Partner- quisition of certain lands currently and there will be no way of finding out. ship, would be a vital step in assuring held by the Federal Government. The The Department of Homeland Secu- the wise use of the finite water re- bill also would eliminate the 820-acre rity’s mission to increase the security sources within the Verde River Basin. Federal parcel in Clarkdale from ex- of the country will be hindered. I be- An earlier draft proposal of the part- change, at the request of that commu- lieve that S. 1039 fails to take respon- nership title to this bill was widely cir- nity. sible, basic steps to protect our waste- culated in Northern Arizona and gen- Next, the bill establishes a new Title water infrastructure security from ter- erated productive discussion and com- II, which is designed to establish a rorist attack, putting Americans at ment. This valuable input is reflected framework to begin addressing the risk. in the measure I am offering today. It very serious water resource and man- I urge my colleagues to oppose this encourages the creation of a multi- agement issues in Northern Arizona. legislation and support my alternative stakeholder partnership and clarifies The purpose of this title is to authorize bill, S. 779. the Federal role in providing scientific, assistance for a collaborative and f technical, and financial assistance to science-based water resource planning State and local water resource plan- and management partnership for the MODIFIED VERSION OF S. 849 ning and management efforts. With Verde River Basin, consisting of mem- Mr. MCCAIN. Mr. President, today I this important support, I expect that bers that represent Federal, State, and am introducing a modified version of S. State and local interests that share local agencies, along with economic, 849, the Northern Arizona National ground and surface water resources environmental, and community water Forest Land Exchange Act, which I co- will come together to advance protec- interests. The bill language makes it sponsored last year with Senator KYL. tion and wise use of finite water sup- clear that this is not a Federal intru- Since introducing that bill, I have met plies. sion into State and local jurisdiction with hundreds of Arizonans and learned I became fully aware of the crucial and responsibility for water manage- first-hand of the significant water need for this Federal assistance ment and control. issues raised by this proposed exchange through public meetings I held last De- Under Title II, Federal assistance of about 50,000 acres of private and Fed- cember in Flagstaff and Camp Verde. would be authorized upon the forma- eral land in Northern Arizona. I am in- More than 600 people gathered in Camp tion of a Verde River Basin Partner- troducing this modified version of the Verde to express their strongly held ship. The measure would authorize the legislation with the sincere hope of views of the proposed land exchange. Secretary of Agriculture to assist the achieving a compromise agreement The primary concern voiced was Arizona Department of Water Re- that can be enacted prior to adjourn- whether or not adequate water supplies sources and the Yavapai Water Advi- ment. are available in the area to provide for sory Council by participating in the Let me be clear. I am not offering future development given that resi- formation of the partnership. While the amendments to this bill to slow its dents are already experiencing water partnership would not be a Federal en- progress, but rather I want to take this supply problems. The U.S. Geological tity, it would be eligible for Federal as- opportunity to address one of the most Survey presented information about its sistance through the Secretary of Agri- crucial challenges facing Arizona: ongoing studies and what is not known culture and the Secretary of the Inte- sound management of its precious about the hydrologic systems or water rior. water resources. The persistent use impacts within the Verde Basin. The amended bill directs the partner- drought that is draining our reservoirs The fact is that we simply do not have ship to develop a plan for conducting makes all of us aware of the limits of sufficient information to determine the water resource studies within the our water supplies. I strongly believe quantity of water supply available over Verde River Basin. The plan would in- that the State of Arizona is at a cru- the long-term without adverse effects. clude; a list of specific studies and cial point where decisions regarding I believe that it would be irrespon- analyses that are needed to support the growth and water use must be made sible of the Federal Government to planning and management objectives with the assurance of long-term avail- transfer lands into private hands in an of the partnership, identify any ongo- ability of water supplies without drain- area where water problems already ing or completed water resource or ri- ing our ground and surface waters dry. exist without an understanding of the parian studies that are relevant to I am afraid we are currently on a colli- potential impacts. That is why I am in- water resource planning and manage- sion course with the reality of our fi- terested in expediting essential water ment for the Verde River Basin, pro- nite and dwindling water supplies and studies in the Verde Basin to provide a vide study timeliness and cost esti- the future economic and environmental scientific basis for sound decision- mates, and designate as a study pri- welfare of the State. making by the partnership. In the ority the compilation of a water budget In the context of this proposed ex- short-term, I envision that the first analysis for the Verde Valley. change, it would be irresponsible of the task of the partnership would be to To assist the partnership, the bill di- Federal Government to transfer public make a recommendation, based on a rects the U.S. Geological Survey, in co- lands into private hands in an area water budget analysis for the Verde operation with ADWR, to prepare and where water problems currently exist Valley, regarding available water sup- submit a report to the Partnership without an understanding of the poten- ply for future use on the Federal parcel that provides a water budget analysis tial water supply impacts. I have spent in Camp Verde. Long-term water re- of the portion of the Verde River Basin considerable time and effort in trying source planning and management ef- within the Verde Valley. The partner- to develop a reasoned, compromise pro- forts within the region could also be ship would then use the information, posal that balances the various Arizona developed through the partnership and along with any other relevant informa- interests and achieves a fair and equi- informed by the ongoing water studies tion, and submit a preliminary report table exchange in the public interest. and analyses. with its findings and recommendations Therefore, it is my hope that the re- I would like to briefly explain some regarding long-term available water lease of this amended bill with a new of the provisions in this modified bill. supply within the Verde Valley to the title addressing the associated water First, under Title I of the bill, it Secretary, the Governor of Arizona, issues will be carefully considered by would allow the cities of Flagstaff, Wil- and representatives of the Verde Valley all interested parties. liams, and Camp Verde, as well as sev- communities. Following this prelimi- My objective is to encourage the for- eral local camps, the option to pur- nary report, the partnership is ex- mation of a partnership between Fed- chase lands directly from the Forest pected to continue its work and submit eral, State, and local stakeholders in Service if they are unable to reach an a comprehensive report to the Sec- order to facilitate sound, science-based agreement to purchase such lands from retary and the Governor of Arizona water resource planning and manage- the Yavapai Ranch. These communities within 4 years. The comprehensive re- ment in the Verde River Basin. In my and camps are very interested in ex- port would include the results of any view, the development of such a col- ploring the economic opportunities water resource assessments conducted

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8664 CONGRESSIONAL RECORD — SENATE July 22, 2004 under this in the Verde River Basin. It itoring the operations of the Depart- Law Enforcement Assistance Program also would identify: any areas in the ment of Justice, the FBI and other law and the LLEBG, both of which have Verde River Basin that are determined enforcement agencies, and that bill been continuously targeted for elimi- to have groundwater deficits or other helped our oversight duties in many nation by the Bush administration. current or potential water supply prob- ways. And, as we have learned in the LLEBG, which received $225 million lems; long-term water supply manage- past 3 years, the fight against ter- this year, provide local governments ment options for communities and rorism makes constructive oversight with the means to underwrite projects water resources within the basin; and more important than ever before. that reduce crime and improve public water resource analyses and moni- Already this Congress, House Judici- safety, and allow communities to craft toring needed to support the implemen- ary Committee Chairman SENSEN- their own responses to local crime and tation of management options. BRENNER and ranking member CONYERS drug problems. The Edward Byrne Me- Finally, the bill directs the Secretary have authored and shepherded through morial State and Local Law Enforce- of Interior and the Secretary of Agri- the House of Representatives a new De- ment Assistance Program, which Con- culture to enter into a memorandum of partment of Justice Appropriations gress funded at $659,117,000 in FY 2004, understanding authorizing the U.S. Ge- Authorization Act for fiscal years 2004 makes grants to States to improve the ological Survey to access Forest Serv- through 2006, H.R. 3036. I commend functioning of the criminal justice sys- ice land, including stream gauges, both Chairman SENSENBRENNER and tem, with emphasis on violent crimes weather stations, wells, or other points ranking member CONYERS for working and serious offenders, and to enforce of data collection on the Forest Serv- in a bipartisan manner to pass that State and local drug laws. As a senator ice land, to carry out necessary water legislation in the House of Representa- from a rural State that relies on studies. tives. LLEBG and Byrne grants to combat I want to do my part in moving the The Department of Justice Appro- crime, I have been concerned with the proposed land exchange forward, and it priations Authorization Act, fiscal President’s proposals for funding and must be done in a manner that is fair years 2005 through 2007 is a comprehen- program eliminations of these well-es- to the current residents of Arizona and sive authorization of the Department tablished grant programs. Our legisla- the Federal taxpayers. In order to do based on H.R. 3036 as passed by the tion makes it clear that the same au- so, it simply must address the affected House of Representatives on March 30, thorized funding levels and uses will be available under the new consolidated area’s water supply. I remain hopeful 2004. Our bipartisan legislation author- grant program as under the previous that all the interested parties who izes appropriations for the Department two grant programs. strongly support the proposed ex- for fiscal years 2005 through 2007, pro- vide permanent enabling authorities I am pleased that Title II also ex- change will carefully consider the pro- tends the authorization of appropria- posal that I am introducing today. which will allow the Department to ef- ficiently carry out its mission, clarify tions for the Regional Information f and harmonize existing statutory au- Sharing System, RISS, at $100 million DEPARTMENT OF JUSTICE thority, and repeal obsolete statutory for each of fiscal years 2005 through APPROPRIATIONS authorities. The bill also establishes 2007. RISS serves as an invaluable tool to Federal, State, and local law en- Mr. LEAHY. Mr. President, I am certain reporting requirements and forcement agencies by providing much- pleased to introduce with Senator other mechanisms intended to better needed criminal intelligence and inves- HATCH the Department of Justice Ap- enable the Congress and the Depart- tigative support services. It has built a propriations Authorization Act, Fiscal ment to oversee the operations of the reputation as one of the most effective Years 2005 through 2007. I thank Sen- Department. Finally, our bill incor- and efficient means developed to com- ator HATCH, the chairman of the Judi- porates numerous other pieces of legis- bat multi-jurisdictional criminal activ- ciary Committee, for his hard work and lation—on such issues as preventing and recovering missing children, ciga- ity, such as narcotics trafficking and support of this legislation. gang activity. Without RISS, most law In the 107th Congress, the Senate and rette trafficking, intellectual property, enforcement officers would not have the House of Representatives properly going after terrorists who commit vio- access to newly developed crime-fight- authorized spending for the entire De- lent acts against American citizens overseas, among others—currently ing technologies and would be hindered partment of Justice, (DOJ or the De- in their intelligence-gathering efforts. partment,) for the first time since 1979. pending before Congress that enjoy strong bipartisan support. By providing State and local law en- Congress extended that authorization forcement agencies with rapid access in 1980 and 1981. Until 2002 Congress had I will now highlight a number of the provisions that make up this author- to its secure, state-of-the-art, nation- not passed nor had the President ization bill. wide information sharing system, RISS signed an authorization bill for the De- Title I of our bill authorizes appro- gives law enforcement officers the re- partment. In fact, there were a number priations for the Department of Justice sources they need to identify and ap- of years where Congress failed to con- for each of fiscal years 2005 through prehend potential terrorists before sider any Department authorization 2007. With minor exceptions, these au- they strike. With this in mind, I au- bill. This 23-year failure to properly re- thorizations generally reflect the thored Title VII of the USA PATRIOT authorize the Department forced the President’s budget request. Act, Public Law 107–56, to increase in- appropriations committees in both Title II makes numerous improve- formation sharing for critical infra- houses to reauthorize and appropriate ments and upgrades to the Depart- structure protection. The law expanded money. ment’s grant programs that assist law RISS to facilitate information sharing We ceded the authorization power to enforcement and criminal justice agen- among Federal, State, and local law the appropriators for too long, but in cies; build community capacity to pre- enforcement agencies to investigate the 107th Congress Senator HATCH and vent, reduce and control crime; assist and prosecute terrorist conspiracies I joined forces with House Judiciary victims of crime; and prevent crime. and activities, and increased author- Chairman SENSENBRENNER and ranking We decided to combine the current ized funding to $100 million. member CONYERS to create and pass bi- Byrne formula grant, Byrne discre- Proper funding provides RISS with partisan legislation that reaffirmed the tionary grant and Local Law Enforce- the means to maintain six regionally- authorizing authority and responsi- ment Block Grant, LLEBG, programs based information sharing centers that bility of the House and Senate Judici- into one Edward Byrne Memorial Jus- allow for information and intelligence ary Committees—the 21st Century De- tice Assistance Grant Program with an services to be disseminated nationwide partment of Justice Appropriations authorization of $1.075 billion and a list addressing major, multijurisdictional Authorization Act, Public Law 107–273. of 35 uses—a combination of the tradi- crimes. In addition, as the September A new era of oversight began with that tional Byrne and LLEBG grants regu- 11 terrorist attacks and calls for in- new charter for the Justice Depart- lations—for which these grants may be creased vigilance against future at- ment, with the Senate and House Judi- used. tacks demonstrated, RISS requires ad- ciary Committees taking active new I am a longtime supporter of the Ed- ditional support to intensify roles in setting the priorities and mon- ward Byrne Memorial State and Local antiterrorism measures.

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8665 Each RISS center has up to 1,600 posed. First, it makes explicit that the made labs. This has become one of the member agencies, the vast majority of emergency reserve may be replenished major problems facing law enforcement which are at the municipal and county only once each fiscal year, and may not agencies nationwide. Last month, the levels. Over 400 State agencies and over be continually replenished as amounts Vermont State Police busted the first 850 Federal agencies, however, are also are obligated or expended. Allowing known methamphetamine lab in the members. The Drug Enforcement Ad- continual replenishments could result state. We must help our law enforce- ministration, Federal Bureau of Inves- in the obligations or expenditures ex- ment agencies as they struggle to keep tigation, U.S. Attorneys’ Offices, Inter- ceeding the $50 million emergency re- up with its troubling growth. nal Revenue Service, Secret Service, serve maximum. Second, we have en- To help law enforcement combat the Customs, and the Bureau of Alcohol, sured that all emergency reserve spread of methamphetamine and other Tobacco, Firearms and Explosives are funds—whether carried over, used to challenges, we authorize in this bill $20 among the Federal agencies that par- replenish the reserve, obligated or ex- million in grants for FY 2005 to provide ticipate in the RISS Program. pended—fall above the cap on spending for the cleanup of methamphetamine Unfortunately, the Consolidated Ap- from the Crime Victim Fund as set by laboratories and related hazardous propriations law for FY 2004 did not appropriations legislation. waste in units of local government and provide full funding for RISS, instead Section 242 of the House-passed bill tribal governments located outside a including $30 million for the program. authorized the Assistant Attorney Gen- Standard Metropolitan Statistical For the coming fiscal year, the Presi- eral for the Office for Justice Pro- Area; and the improvement of con- dent has proposed $45 million. We must grams, OJP, to impose special condi- tract-related response time for cleanup ensure that RISS can continue current tions and determine priorities for for- of methamphetamine laboratories and services, meet increased membership mula grants. It was unclear to me why related hazardous waste in units of support needs for terrorism investiga- the authority to determine formula local established methamphetamine tions and prosecutions, increase intel- grant priorities was necessary and prevention and treatment pilot pro- ligence analysis capabilities and add what its real impact would be on local grams in rural areas, and provide addi- tional financial support to local law staff to support the increasing numbers victim services. Could it be read to au- enforcement. of RISS members. thorize OJP to infringe on the discre- We also establish a rural 9–1–1 service This title also contains a reauthor- tion of each State to meet its own program to provide access to, and im- ization of the Crime Free Rural States needs, as for example by mandating prove a communications infrastructure program that we created in the DOJ that State VOCA programs give pri- that will ensure a reliable and seamless Authorization bill in the last Congress. ority to public agencies over nonprofit communication between, law enforce- This program authorizes $10 million community organizations, or fund ment, fire, and emergency medical annually for rural States to address faith-based programs before secular service providers in units of local gov- specific crime problems plaguing their programs? Priorities are already set ernment and tribal governments lo- areas. In Vermont, for example, this out by Congress in the authorizing cated outside a Standard Metropolitan statutes, as is the requirement that funding could be used to battle heroin Statistical Area and in States. programs coordinate public and private abuse and its consequences. Grants—authorized at $25 million for This authorization bill contains a victim services in their communities, fiscal year 2005—under this program number of provisions of great interest and the Justice Department should not will be used to establish or improve 9– to victim service organizations and be allowed to override those congres- 1–1 service in rural communities. Pri- those who administer Federal grants sional directives. Moreover, VOCA al- ority in making grants under this pro- for victim assistance and compensa- ready has extensive reporting require- gram will be given to communities tion. In particular, I am pleased that ments that enable the Department to that do not have 9–1–1 service. we have responded to repeated requests monitor how States are distributing I am pleased that our bill includes from the field to increase the amount these funds. We have therefore deleted the Campbell-Leahy-Hatch Bulletproof that State assistance and compensa- the authority to determine formula Vest Partnership Grant Act of 2003, a tion programs may retain for adminis- grant priorities, while retaining the bill to reauthorize an existing match- trative purposes. I have been proposing special conditions provision. ing grant program to help State, tribal, such an increase for many years, with- Subtitle D of Title II deals with ap- and local jurisdictions purchase armor out success. proaches to prevent crime. I am espe- vests for use by law enforcement offi- Under current law, not more than 5 cially pleased that we included provi- cers. This bill was passed by the Senate percent of victim assistance and com- sions that will specifically aid in pre- by unanimous consent a year ago this pensation grants may be used for the venting rural crime because rural month and it awaits consideration by administration of the State program States and communities face a number the House of Representatives. receiving the grant. The House bill ef- of unique law enforcement challenges. This measure marks the third time fectively decreases this already-low ap- We added these provisions from Sen- that I have had the privilege of portionment by combining administra- ator DASCHLE’s Rural Safety Act, S. teaming with my friend and colleague tive costs with training costs—cur- 1907, of which I am proud to be an Senator CAMPBELL to work on this leg- rently 1 percent under guidelines pro- original cosponsor. I commend our islation. We authored the Bulletproof mulgated by the Office for Victims of Democratic leader for his commitment Vest Grant Partnership Act of 1998 in Crime, OVC. By contrast, we propose to providing real and meaningful in- response to the tragic Carl Drega raising the amount that can be used for vestments to address the unique set of shootout in 1997 on the Vermont-New both worthwhile purposes to 7.5 per- challenges facing rural law enforce- Hampshire border, in which two State cent of the grants. While this is still ment agencies. troopers who did not have bulletproof less than 10 percent retention per- Rural law enforcement officers patrol vests were killed. The Federal officers mitted, for example, by the Violence larger areas, operate under tighter who responded to the scenes of the Against Women Act, it will help States budgets and with smaller staffs than shooting spree were equipped with life- to accommodate the addition of train- their urban and suburban counterparts. saving body armor, but the State and ing purposes in their costs. This legislation creates programs spe- local law enforcement officers lacked Our bill will also amend the Victims cifically designed to meet the many protective vests because of the cost. of Crime Act, VOCA, to clarify the pro- complex needs of rural law enforce- Two years later, we successfully visions establishing the Antiterrorism ment agencies and officers. Meth- passed the Bulletproof Vest Partner- Emergency Reserve in various ways. amphetamine production and use, for ship Grant Act of 2000, and I hope we The original H.R. 3036 permits replen- example, is a growing concern for will go 3-for-3 this time around. Sen- ishments of the emergency reserve Vermonters. Because the ingredients ator CAMPBELL brings to our effort in- based upon amounts obligated rather and the equipment used to produce valuable experience in this area and than amounts actually expended in any methamphetamines are so inexpensive during his time in the Senate he has given fiscal year. Our bill includes two and readily available, the drug can be been a leader in the area of law en- additional clarifications that I pro- manufactured or ‘‘cooked’’ in home- forcement. As a former deputy sheriff,

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8666 CONGRESSIONAL RECORD — SENATE July 22, 2004 he knows the dangers law enforcement problems with cigarette smuggling ance Act to crack down on inter- officers face when out on patrol. I am that States are facing and his support national tobacco smuggling. This addi- pleased that we have been joined in for this compromise measure. I also tional authority should further reduce this effort by 12 other Senate cospon- want to thank the Vermont Grocers tax evasion and eliminate a lucrative sors. Association, the Vermont Retail Asso- funding source for terrorist organiza- Our bipartisan legislation will save ciation, the Vermont Association of tions. the lives of law enforcement officers Chiefs of Police, and the National Con- We must not turn a blind eye to the across the country by providing more ference of State Legislatures for their problem of illegal tobacco smuggling. help to State and local law enforce- support for this measure. Those who smuggle cigarettes are ment agencies to purchase body armor. The movement of cigarettes from criminals and we must close the loop- Since its inception in 1999, this highly low-tax areas to high-tax areas in order holes that allow cigarette smuggling to successful Department of Justice pro- to avoid the payment of taxes when the continue. gram has provided law enforcement of- cigarettes are resold has become a pub- The United States has from its incep- ficers in 16,000 jurisdictions nationwide lic health problem in recent years. As tion recognized the importance of in- with nearly 350,000 new bulletproof State after State chooses to raise its tellectual property laws in fostering in- vests. In Vermont, 148 municipalities tobacco excise taxes as a means of re- novation, and vested in Congress the have been fortunate to receive to re- ducing tobacco use and as a source of responsibility of crafting laws that en- ceive funding for the purchase of al- revenue, many smokers have sought sure that those who produce inventions most 1200 vests. Without the Federal cheaper means by which to purchase are able to reap economic rewards for their efforts. I am pleased that we can funding given by this program, I dare- cigarettes. Smokers can often purchase today include, as part of the Depart- say that there would be close to that cigarettes and tobacco from remote ment of Justice Authorization Act, the number of police officers without vests sellers, Internet or mail order at sub- Cooperative Research and Technology in Vermont today. stantial discounts due to avoidance of Enhancement Act of 2004, the CREATE The Bulletproof Vest Partnership state taxes. These sellers, however, are Act, legislation that I cosponsored Grant Act of 2003 will further the suc- evading their tax obligations because along with Senator HATCH, Senator cess of the Bulletproof Vest Partner- they neither collect nor pay the proper KOHL, Senator FEINGOLD, Senator ship Grant Program by reauthorizing State and local excise taxes for ciga- SCHUMER, Senator GRASSLEY, Senator the program through fiscal year 2007. rette and other tobacco product sales. JOHNSON, and Senator COCHRAN. This Our legislation would continue the We have the ability to dramatically bill will provide a needed remedy to Federal-State partnership by author- reduce smuggling without imposing one aspect of our Nation’s patent laws. izing up to $50 million per year for undue burdens on manufacturers or law On June 25, 2004, the CREATE Act matching grants to State and local law abiding citizens. By reducing smug- passed the Senate by unanimous con- enforcement agencies and Indian tribes gling, we will also increase government sent. at the Department of Justice to buy revenues by minimizing tax avoidance. When Congress passed the Bayh-Dole body armor. My friend General Sorrell has told me Act in 1980, the law encouraged private We know that body armor saves that this has become a rapidly growing entities and not-for-profits such as uni- lives, but the cost has put these vests problem in Vermont as more and more versities to form collaborative partner- out of the reach of many of the officers tobacco product manufacturers fail to ships in order to spur innovation. Prior who need them. This program makes it collect and pay cigarette taxes. Crimi- to the enactment of this law, univer- more affordable for police departments nals are getting away with smuggling sities were issued fewer than 250 pat- of all sizes. Few things mean more to and not paying tobacco taxes because ents each year. That this number has me than when I meet Vermont police of weak punishments, products that in recent years surpassed two thousand officers and they tell me that the pro- are often poorly labeled, the lack of is owed in large measure to the Bayh- tective vests they wear were made pos- tax stamps and the inability of the cur- Dole Act. The innovation this law en- sible because of this program. This is rent distribution system to track sales couraged has contributed billions of the least we should do for the officers from State to State. These lapses point dollars annually to the United States on the front lines who put themselves to a need for uniform rules governing economy and has produced hundreds of in danger for us every day. I want to group sales to individuals. thousands of jobs. make sure that every police officer The PACT Act will give States the However, one component of the who needs a bulletproof vest gets one. authority to collect millions of dollars Bayh-Dole Act, when read literally, We also included in this authoriza- in lost State tax revenue resulting runs contrary to the intent of that leg- tion bill the Prevent All Cigarette from online and other remote sales of islation. In 1999, the United States Trafficking, PACT, Act, as passed by cigarette and smokeless tobacco. It Court of Appeal for the Federal Circuit the Senate by unanimous consent on also ensures that every tobacco re- ruled, in Oddzon Products, Inc. v. Just December 9, 2003, but which has yet to tailer, whether a brick-and-mortar or Toys, Inc., that non-public information be taken up and passed by the House. I remote retailer of tobacco products, may in certain cases be considered commend Senators HATCH and KOHL for play by the same rules by equalizing ‘‘prior art’’—a standard which gen- their leadership on this measure and the tax burdens. erally prevents an inventor from ob- thank them for working with me, Moreover, the PACT Act gives States taining a patent. Thus some collabo- among others, to craft the compromise the authority necessary to enforce the rative teams that the Bayh-Dole Act language that we include in this bill to Jenkins Act, a law passed in 1949, was intended to encourage have been crack down on the growing problem of which requires cigarette vendors to re- unable to obtain patents for their ef- cigarette smuggling, both interstate port interstate sales of cigarettes. This forts. The result is a disincentive to and international, as well as to address legislation enhances States’ abilities form this type of partnership, which the connection between cigarette to collect all excise taxes and verify could have a negative impact on the smuggling activities and terrorist the deposit of all required escrow pay- U.S. economy and hamper the develop- funding. I am proud to join Senator ments for cigarette and smokeless to- ment of new creations. HATCH, Senator KOHL and 10 others as a bacco sales in interstate commerce, in- However, the Federal circuit in its cosponsor of the standalone bill. cluding internet sales. In addition, it ruling invited Congress to better con- I also thank the National Association provides Federal and State law en- form the language of the Bayh-Dole of Attorneys General and the Cam- forcement with additional resources to Act to the intent of the legislation. paign for Tobacco-Free Kids for work- enforce state tobacco excise tax laws. The CREATE Act does exactly that by ing with us and contributing to this Finally, at the request of the Na- ensuring that nonpublic information is language. I want to say a special tional Association of Attorneys Gen- not considered prior art when the in- thanks to Vermont Attorney General eral and many State Attorneys Gen- formation is used in a collaborative Bill Sorrell, who also serves as the cur- eral, we have added a new section to partnership under the Bayh-Dole Act. rent Chair of the NAAG Tobacco Com- provide the States with authority to The bill also includes strict evi- mittee, for his valuable input on the enforce the Imported Cigarette Compli- dentiary burdens to ensure that the

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8667 legislation is tailored narrowly in This is important legislation that government at trials and sentencings, order to solely fulfill the intent of the would send a strong message of resolve all of which fall within the definition Bayh-Dole Act. that we are committed to finding and of the duties performed by law enforce- I am pleased that the PIRATE Act, punishing every terrorist who harms ment officers. Indeed, once a defendant which I cosponsored with Senator Americans overseas. is brought into the criminal justice HATCH, will be included as part of this I am pleased that we have included system, the person with whom they bipartisan bill. Like the overall bill, part of S. 1286, the Seniors Safety Act, have the most face-to-face contact, and the PIRATE Act is a consensus bill which I introduced last year. This bill often in an extremely confrontational that will give the Justice Department would create an enhanced sentencing environment, is the Federal pros- new and needed tools—in this case, penalty for those who commit crimes ecutor. these tools are specific to the fight against the elderly, create new civil Although prosecutors do not person- against piracy. This bill was unani- and criminal penalties for pension ally execute arrests, searches and other mously passed by the Senate on June fraud, and create a centralized service physically dangerous activities, LEO 25, 2004. By including this measure in to log complaints of telemarketing status is accorded to many criminal the Department of Justice Authoriza- fraud. justice employees who do not perform tion Bill, we hope to muster more We would also provide the Attorney such tasks, such as pretrial services of- forces to combat the growing problem General with a new and substantial ficers and probation officers and ac- of digital piracy. tool to prevent telemarketing fraud— countants, cooks and secretaries of the For too long, Federal prosecutors the power to block or terminate service Bureau of Prisons. Moreover, because have been hindered in their pursuit of to telephone facilities that are being they are often the most conspicuous pirates, by the fact that they were lim- used to defraud innocent people. The representatives of the government in ited to bringing criminal charges with Justice Department could use this au- the criminal justice system, Federal high burdens of proof. In the world of thority to disrupt telemarketing fraud prosecutors are natural targets for copyright, a criminal charge is unusu- schemes directed from foreign sources threats of reprisals by vengeful crimi- ally difficult to prove because the de- by cutting off the swindlers’ telephone nals. Indeed, there are numerous inci- fendant must have known that his con- service. Even if the criminals acquire a dents in which assaults and serious duct was illegal and he must have will- new telephone number, temporary death threats have been made against fully engaged in the conduct anyway. interruptions will prevent some seniors Federal prosecutors, sometimes result- For this reason prosecutors can rarely from being victimized. ing in significant disruption of their justify bringing criminal charges, and We have agreed to incorporate the personal and family lives. copyright owners have been left alone Federal Prosecutors’ Retirement Ben- I am pleased that S. 710, the Leahy- to fend for themselves, defending their efit Equity Act of 2004, which was Hatch Anti-Atrocity Alien Deportation rights only where they can afford to do originally introduced as a stand-alone Act, was included in this legislation. so. In a world in which a computer and bill with my good friends Senator This measure would expand the an Internet connection are all the tools HATCH, Senator MIKULSKI and Senator grounds for removing alien human you need to engage in massive piracy, DURBIN. This bill would correct an in- rights violators from the United this is an intolerable predicament. equity that exists under current law, States, or for denying them entry in The PIRATE Act will give the Attor- whereby Federal prosecutors receive the first place. We have heard many ac- ney General civil enforcement author- substantially less favorable retirement counts of abusers who have taken ad- ity for copyright infringement. It also benefits than other nearly all other vantage of America’s freedoms after calls on the Justice Department to ini- people involved in the Federal criminal committing horrifying violations of tiate training and pilot programs to justice system. The bill would increase their fellow citizens in their native ensure that Federal prosecutors across the retirement benefits given to Assist- lands. We need to stop that from hap- the country are aware of the many dif- ant United States Attorneys by includ- pening again. ficult technical and strategic problems ing them as ‘‘law enforcement offi- This bill passed the Judiciary Com- posed by enforcing copyright law in the cers,’’ LEOs, under the Federal Em- mittee last November but has been sub- digital age. ployees’ Retirement System and the ject to an anonymous hold on the floor. This new authority does not supplant Civil Service Retirement System. The A similar version of it passed the Sen- either the criminal provisions of the bill would also allow the Attorney Gen- ate by unanimous consent in the 106th Copyright Act, or the remedies avail- eral to designate other attorneys em- Congress. It is long past time to make able to the copyright owner in a pri- ployed by the Department of Justice it law. vate suit. Rather, it allows the Govern- who act primarily as criminal prosecu- I would note that on May 12, a Rwan- ment to bring its resources to bear on tors as LEOs for purposes of receiving dan man wanted on international this immense problem and to ensure these retirement benefits. charges of genocide and crimes against that more creative works are made The primary reason for granting en- humanity was arrested at his suburban available online, that those works are hanced retirement benefits to LEOs is Chicago home by agents from the Bu- more affordable, and that the people the often dangerous work of law en- reau of Immigration and Customs En- who work to bring them to us are paid forcement. Currently, Assistant United forcement, ICE. Before I and others for their efforts. States Attorneys, AUSAs, and other began to raise the issue of the war I am pleased that the Koby Mandell Federal prosecutors are not eligible for criminals among us, it was my impres- Act of 2003 was included in this legisla- these enhanced benefits, which are en- sion that the former INS paid little at- tion. I am a proud cosponsor of the joyed by the vast majority of other em- tention to rooting out these thugs. I stand-alone bill. The act would estab- ployees in the criminal justice system. am pleased that the issue has taken on lish an office within the Department of This exclusion is unjustified. The rel- greater importance at ICE and urge the Justice with a mandate to ensure equal evant provisions of the to pass this bill so that we can treatment of all victims of terrorist Code dealing with retirement benefits expand the grounds of inadmissibility acts committed overseas. Its primary define an LEO as an employee whose and removability for human rights vio- role would be to guarantee that vig- duties are, ‘‘primarily the investiga- lators. orous efforts are made to pursue, pros- tion, apprehension, or detention’’ of in- I am pleased that the DREAM Act ecute, and punish each and every ter- dividuals suspected or convicted of vio- has been included in this bill. I am a rorist who harms Americans overseas, lating Federal law. See 5 U.S.C. §§ cosponsor of the bill, which Senators no matter where attacks occur. It 8331(20) & 8401(17). AUSAs and other HATCH and DURBIN introduced last year would also take steps to inform victims Federal prosecutors participate in and was passed last fall by the Judici- of important developments in inter- planning investigations, interviewing ary Committee. It would benefit un- national cases, such as status reports witnesses both inside and outside of documented alien children who were on efforts to capture terrorists and the office setting, debriefing defend- brought to the United States by their monitoring the incarceration of those ants, obtaining warrants, negotiating parents as young children, by restoring terrorists who are imprisoned overseas. plea agreements and representing the States’ ability to offer them in-State

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8668 CONGRESSIONAL RECORD — SENATE July 22, 2004 tuition and offering them a path to that will be on board and serving kids staff to provide assistance on and con- legal residency. It has been distressing by the end of 2005: one in Bennington, duct reviews of the inactive case files, that a bill with committee approval two in Burlington, one in Duxbury, one or ‘‘cold cases,’’ involving children and 48 sponsors has been unable to get in St. Johnsbury, one in Hardwick, stored at the National Center for Miss- a vote on the floor of the Senate, and three in Randolph and one in Ludlow. ing & Exploited Children, NCMEC, and I hope that including the DREAM Act These clubs will serve well over 10,000 to develop recommendations for fur- in this legislation will give it added kids statewide. ther investigations. The only alter- momentum. As a senior member of the Senate Ap- ation we made to the original bill was I am proud that we include Schumer- propriations Committee, I have pushed to include language to also allow the Specter legislation to honor the sac- for more Federal funding for Boys & Inspector General of the Government rifice of the September 11, 2001 ter- Girls Clubs. Since 1998, Congress has Printing Office to authorize his or her rorist victims by creating congres- increased Federal support for Boys & staff to work on cold cases. sional medals that would be awarded to Girls Clubs from $20 million to $80 mil- Speed is everything in homicide in- their families and loved ones by the lion in this year. Due in large part to vestigations. As a former prosecutor in President. I am proud to have joined this increase in funding, there now Vermont, I know firsthand that speed my friends as a cosponsor of this legis- exist 3,300 Boys & Girls Clubs in all 50 is of the essence when trying to solve a lation, as have 18 other Senators. States serving more than 3.6 million homicide. This focus on speed, how- The tragedy of September 11, 2001 de- young people. Because of these suc- ever, has led the law enforcement com- manded unprecedented sacrifices of ev- cesses, I was both surprised and dis- munity to generally believe that any eryday American civilians and rescue appointed to see that the President re- case not solved within the first 72 workers 3,000 of whom lost their lives quested a reduction of $20 million for hours or lacking significant leads and in the attacks. In recognition of their FY 2005. That request will leave thou- witness participation has little likeli- heroic actions on that day, the bipar- sands of children and their Clubs be- hood of being solved, regardless of the tisan Fallen Heroes of 9/11 Act would hind and we cannot allow such a thing expertise and resources deployed. With create a medal to be awarded post- to happen. time, such unsolved cases become humously to the victims of the Sep- In the 21st Century Department of ‘‘cold,’’ and these are among the most tember 11 terrorist attacks. The medal Justice Appropriations Authorization difficult and frustrating cases detec- would be designed by the Department Act, which Senator HATCH and I tives face because they are, in effect, of Treasury and awarded to representa- worked together to pass in the 107th cases that other investigators, for tives of the deceased by the President. Congress, we included a provision to re- whatever reason, failed to solve. The production of the medals would be authorize Justice Department grants Our Nation’s law enforcement agen- paid for by the sale of duplicate medals to establish new Boys & Girls Clubs na- cies, regardless of size, are not immune to the public. Those of us who lost tionwide. By authorizing $80 million in to rising crime rates, staff shortages loved ones almost 3 years ago can DOJ grants for each of the fiscal years and budget restrictions. Such obstacles never have them back, but a medal of through 2005, we sought to establish have strained the investigative and ad- honor could recognizes the sacrifices 1,200 additional Boys & Girls Clubs na- ministrative resources of all agencies. and heroic efforts of our fallen citizens. tionwide. This was to bring the number More crime often means that fewer I am pleased that our Department of of Boys & Girls Clubs to 4,000, serving cases are vigorously pursued, fewer op- Justice authorization bill includes leg- no less than 5 million young people. portunities arise for followup and indi- islation that Senator HATCH and I in- The bill we introduce today will build vidual caseloads increase for already troduced together to reauthorize and upon this: We authorize Justice De- overworked detectives. expand the Department of Justice partment grants at $80 million for fis- All the obstacles that hamper homi- grant program for Boys & Girls Clubs. cal year 2006, $85 million for fiscal year cide investigations in their early The original version of this legislation, 2007, $90 million for fiscal year 2008, $95 phases contribute to cold cases. The S. 2363, currently enjoys 44 cosponsors million for fiscal year 2009 and $100 mil- National Center for Missing & Ex- and passed the Senate by unanimous lion for fiscal year 2010 to Boys & Girls ploited Children our Nation’s top re- consent last month. It was considered Clubs to help establish 1,500 additional source center for child protection pres- and reported out of the House Judici- Boys & Girls Clubs across the Nation ently retains a backlog of cold cases in- ary Committee by voice vote earlier with the goal of having 5,000 Boys & volving children that law enforcement this month but still awaits floor con- Girls Clubs in operation by December departments nationwide have stopped sideration. 31, 2010. investigating primarily due to all these Children are the future of our coun- If we had a Boys & Girls Club in obstacles. NCMEC serves as a clearing- try, and we have a responsibility to every community, prosecutors in our house for all cold cases in which a child make sure they are safe and secure. I country would have a lot less work to has not been found and/or the suspect know firsthand how well Boys & Girls do because of the values that are being has not been identified. Clubs work and what topnotch organi- instilled in children from the Boys & This provision will allow an inspector zations they are. When I was a pros- Girls Clubs of America. Each time I general to provide staff support to ecutor in Vermont, I was convinced of visit a club in Vermont, I am ap- NCMEC for the purpose of conducting the great need for Boys & Girls Clubs proached by parents, educators, teach- reviews of inactive case files to develop because we rarely encountered children ers, grandparents and law enforcement recommendations for further investiga- from these kinds of programs. In fact, officers who tell me ‘‘Keep doing this! tion and similar activities. The inspec- after I became a U.S. Senator, a police These clubs give our children the tor general community has one of the chief was such a big fan that he asked chance to grow up free of drugs, gangs most diverse and talented criminal in- me to help fund a Boys & Girls Club in and crime.’’ vestigative cadres in the Federal Gov- his district rather than helping him get You cannot argue that these are just ernment. A vast majority of these spe- a couple more police officers. Democratic or Republican ideas, or cial agents have come from traditional In Vermont, Boys & Girls Clubs have conservative or liberal ideas. They are law enforcement agencies, and are succeeded in preventing crime and sup- simply good sense ideas. We need safe highly-trained and extremely capable porting our children. The first club was havens where our youth—the future of of dealing with complex, criminal established in Burlington 62 years ago. our country can learn and grow up free cases. Now we have 22 club sites operating from the influences of drugs, gangs and Under current law, an inspector gen- throughout the State: seven clubs in crime. That is why Boys & Girls Clubs eral’s duties are limited to activities Brattleboro, one in Springfield, two are so important to our children. related to the programs and operations clubs in Burlington, one in Winooski, We also incorporated language simi- of an agency. This measure would two clubs in Montpelier, five clubs in lar to the Leahy-Grassley-Lincoln allow an inspector general to permit Randolph, one club in Rutland, two Missing Child Cold Case Review Act of criminal investigators under his or her clubs in Vergennes and one in Bristol. 2004, S. 2435, which will allow an in- supervision to review cold case files, so There are 10 additional project sites spector general to authorize his or her long as doing so would not interfere

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8669 with normal duties. An inspector gen- made the report required by Section age, and its inherently fragile nature. eral would not conduct actual inves- 205 most likely because there is no date In doing so, Congress created the Na- tigations, and any inspector general certain written in the law by which the tional Film Preservation Board and the would only commit staff when the of- report must be made. This provision National Film Preservation Founda- fice’s mission-related workloads per- fills that gap by requiring the report tion both of which operate under the mitted. At no time would these activi- ‘‘not later than 30 days after the date auspices of the Library of Congress in ties be allowed to conflict with or of enactment and annually thereafter order to help save America’s film herit- delay the stated missions of an inspec- .with respect to the preceding 12 month age. tor general. period.’’ It also expands the reporting The National Film Preservation Act From time to time a criminal inves- requirement to include translators will allow the Library of Congress to tigator employed by an inspector gen- ‘‘contracted’’ by the government in ad- continue its important work in pre- eral may be between investigations or dition to those ‘‘employed.’’ serving America’s fading treasures, as otherwise available for brief periods of I have worked my entire professional well as providing grants that will help time. This act would also allow those life to protect children from those who libraries, museums, and archives pre- resources to be provided to the Na- would prey on them. Preventing child serve films and make those works tional Center for Missing & Exploited exploitation through the use of the available for study and research. These Children. Commitment of resources Internet is one concrete and important continued efforts are more critical would be at a minimum and would not way to help this important cause. In today than ever before. While a wide materially affect the budget of any of- this regard, under the Protection of range of works have been saved, with fice. Children from Sexual Predators Act of every passing day we lose the oppor- We have before us the type of bipar- 1998, Public Law No. 105–314, remote tunity to save more. Fewer than 20 per- tisan legislation that should be moved computing and electronic communica- cent of the features of the 1920s exist in easily through the Senate and House. tion service providers are mandated to complete form and less than 10 percent It is supported by the Department of report all instances of child pornog- of the features of the 1910s have sur- Justice Office of the Inspector General. raphy to the National Center for Miss- vived into the new millennium. I applaud the ongoing work of the Na- ing and Exploited Children. I respect The films saved by the National Film tional Center for Missing & Exploited and applaud the work of NCMEC and Preservation Board are precisely those Children and hope that we can soon its tireless efforts in this important na- types of works that would be unlikely provide NCMEC with the resources it tional priority. to survive without public support. At- requires to solve cold cases involving In March 1998, Congress mandated risk documentaries, silent-era films, missing children. that NCMEC initiate the CyberTipline avant-garde works, ethnic films, news- This authorization bill includes a for citizens to report online sexual reels, and home movies frequently pro- provision that would help colleges and crimes against children. In December vide more insight into the American universities in Vermont and across the 1999, Congress passed Public Law No. experience than the Hollywood sound nation. It would allow foreigners who 106–113 to modify 42 U.S.C. §13032(b)(1) features kept and preserved by major are pursuing ‘‘distance learning’’ op- to set forth a ‘‘duty to report’’ by ISPs. studios. What is more, in many cases portunities at American schools to According to NCMEC, many U.S. elec- only one copy of these ‘‘orphaned’’ enter the country for up to 30 days to tronic communications service pro- works exists. As the Librarian of Con- fulfill academic requirements. Under viders are not complying with the re- gress, Dr. James H. Billington, has current law, these students do not fall quirement that they register and use noted, ‘‘Our film heritage is America’s under any visa category, and many are the CyberTipline to report child porn living past.’’ being denied entry and are thus unable found on their services because sup- I would like to thank Senator HATCH to complete their educations. This is a porting regulations required to be pro- again for working with me to include loophole that harms both those stu- mulgated by the Department of Justice the ‘‘National Film Preservation Act’’ dents and the institutions that serve on matters such as the contents of the in the bill we are introducing today. them. report were never done so. The House-passed bill included an In recent months, serious questions In this authorization bill we propose important reporting requirement au- have been raised in the media and in language that amends the ‘‘duty to re- thored by Rep. ADAM SCHIFF and adopt- several congressional hearings about port’’ language by providing specific ed by the House Judiciary Committee. deficiencies within the translation pro- guidance on what information is re- Specifically, this provision required gram at the FBI. Nearly, 2 years ago I quired to be included in the ISP re- the Department of Justice to submit began asking questions in Judiciary ports. The information required in- an annual report to Congress speci- Committee hearings about the FBI’s cludes the content and images of the fying the number of U.S. persons or translation program. Most of these re- apparent violation, the Internet Pro- residents detained on suspicion of ter- main unanswered. As a result, mem- tocol Address, the date and time asso- rorism, and describing Department bers of our committee are no closer to ciated with the violation, and specific standards for recommending or deter- determining the scope of the issue, in- contact information for the sender. mining that a person should be tried as cluding the pervasiveness and serious- America’s film heritage is an impor- a criminal defendant or designated as ness of FBI shortcomings in this area, tant part of the American experience, an enemy combatant. A Washington or what the FBI intends to do to rec- an inheritance from previous genera- Post editorial dated April 3, 2004, tify personnel shortages, security tions that helps tell us who we are and praised this provision, while noting issues, translation inaccuracies and who we were as a society. They offer that ‘‘If more members of the House other problems that have plagued the insight into our history, our dreams, took their duty to legislate in this crit- translator program for years. and our aspirations. Yet sadly, this ical area seriously, Congress would Section 205 of the USA PATRIOT Act part of American heritage is literally craft a bill that actually imposed included an important reporting re- disintegrating faster than can be saved. standards rather than simply inquired quirement by the Attorney General to Today, I am delighted that with the what they were.’’ I agree, and regret the Senate and House Judiciary Com- help of Senator HATCH, the National that was unable to persuade Chairman mittees about (1) the number of trans- Film Preservation Act can be included HATCH to retain this modest oversight lators employed by the FBI, (2) legal in our Department of Justice reauthor- tool. and practical impediments to using ization bill. I am disappointed that we will not be translators employed by other Federal, I introduced the National Film Pres- including the privacy officer provision State, or local agencies, on a full, part- ervation Act last November, a bill that referred to us by the House. It is crit- time, or shared basis, and (3) the needs will reauthorize and extend the Na- ical that the Department have a des- of the FBI for specific translation serv- tional Film Preservation Act of 1996. ignated leader who is consistently ices in certain languages, and rec- We first acted in 1988 in order to recog- mindful of the impact of the Depart- ommendations for meeting those needs. nize the educational, cultural, and his- ment’s activities on privacy rights. To date, the Attorney General has not torical importance of our film herit- While there has been some history of a

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8670 CONGRESSIONAL RECORD — SENATE July 22, 2004 privacy official at the Department, lege education or have enlisted in the Tereza now attends one of the top these positions have been nonstatu- military. music schools in the country. tory, and thus there has been no guar- I introduced the DREAM Act with One of her music teachers told me: antee of consistent vigor and account- the senior Senator from Utah, ORRIN I worry that our country, the richest and ability on these issues. Given that the HATCH, and I thank him for his leader- most blessed in the world, will not permit Department’s mission increasingly in- ship on this issue. We are an unlikely this very large talent to be developed. We are volves gathering and assessing personal political couple, and it speaks volumes not such a rich land that we can afford to information, we simply can’t afford to about the urgent need for immigration throw away the talents of our residents. have a lapse in accountability on pri- reform that we have come together in Due to support from their commu- vacy. Moreover, this is not an untested support of the DREAM Act. nities, Diana and Tereza are among the idea. Congress created a privacy officer The DREAM Act has broad public lucky ones who have been able to at- for the Department of Homeland Secu- support. According to a recent poll of tend college. However, their futures are rity, and it has been recognized as a likely voters, 59 percent support the uncertain—they could be deported at successful example of how this role can bill, while only 25 percent oppose it. any time. be helpful in assessing and addressing The DREAM Act has 48 cosponsors Diana and Tereza are not alone— privacy concerns. We need to follow and was reported favorably by the Ju- thousands of other young people are this lead, and the privacy officer provi- diciary Committee on an overwhelming prevented from pursuing their dreams sion would have been a good oppor- 16–3 vote. If brought to a vote, there is by our immigration laws. tunity to do so. every reason to believe it would pass They are honor-roll students, star I look forward to working with Sen- by a wide margin. athletes, talented artists, homecoming The DREAM Act was reported to the ator HATCH, Congressman SENSEN- queens, and aspiring teachers and doc- floor last October, over eight months BRENNER and Congressman CONYERS to tors. Their parents brought them to ago. The Senate’s leadership should continue the important business of re- the United States when they were bring the DREAM Act to a vote as soon authorizing the Department of Justice. young children. They have lived in this as possible. Clearly, regular reauthorization of the country for most of their lives. It is the Why is the DREAM Act so impor- only home they know. They have fol- Department should be part and parcel tant? Because of the extraordinary of the committees’ traditional role in lowed the rules and worked hard in young people it would help. Let me tell school. Unfortunately, they are un- overseeing the Department’s activities. you about two of them, whom I have Swift passage into law of the Depart- documented, so their options are great- had the pleasure of meeting. ly limited and they could be deported ment of Justice Appropriations Au- Diana was born in Mexico, but raised at any time. thorization Act, Fiscal Years 2005 in Chicago, in my State of Illinois. Her The DREAM Act would help these through 2007 will be a significant step parents brought her to this country at students. It would permit them to be- toward enhancing our oversight role. the age of 6. Her father works construc- come permanent residents if they are f tion for $25,000 per year; her mother is long-term U.S. residents, have good DREAM ACT a manager in a fast food restaurant who earns $15,000 per year. moral character, and attend college or Mr. DURBIN. Mr. President, I have Last year, Diana graduated from enlist in the military for at least 2 come to the floor today to speak about high school in the top 5 percent of her years. the DREAM Act, an immigration re- class with a GPA of 4.4 on a 4.0 scale. The DREAM Act is not an amnesty. form bill that the Senate should act on She is studying to be an architect and It is narrowly tailored to assist only a as soon as possible. she has won first place in a number of select group of young people who earn Immigration reform is an urgent pri- architecture contests. Diana is very ac- legal status. It is unfair to punish ority for our nation. There are some tive in her church and last year she these students for the mistakes of their who want to ignore this issue, espe- won the national New Leadership parents. cially because it is an election year. Award from the U.S. Catholic Con- The DREAM Act would also repeal a Immigration reform is too important ference of Bishops. provision of federal law that prevents to set aside for political reasons. Diana was accepted to Northwestern states from granting in-state tuition Our immigration system is broken. It University, a prestigious institution, rates to undocumented students. It harms our national security and our but due to her immigration status, was would not create any new tuition economy. It also treats hard-working unable to attend. Last fall, Diana be- breaks. It would not force states to immigrants, especially immigrant chil- came the first member of her family to offer in-state tuition to anyone. It dren, unfairly. attend college when she enrolled in the would simply return to states the au- In recent months, there has been a architecture school at an Illinois state thority to determine their own tuition lot of discussion about President college. policies. Bush’s immigration proposal. I have Tereza was also raised in Illinois; her This is not just the right thing to do, some serious concerns about the sub- Korean parents brought her to the U.S. it is good for America. The DREAM stance of the proposal, but the Presi- when she was two. Her mother, the Act would allow students with great dent did a good thing by coming for- family’s sole breadwinner, earns $20,000 potential and ambitions to contribute ward with it. He reopened the national per year working 12-hour days at a dry- more fully to our society. debate about immigration. cleaner. Diana and Tereza are just like mil- Since the President made his pro- Tereza began playing piano when she lions of immigrants who have come to posal in January, nothing has hap- was eight. She became a musical prod- this country over the course of our his- pened. The proposal has not even been igy, winning the Chicago Symphony tory. introduced as a bill. Clearly, Congress Orchestra Youth Auditions, which en- I am the proud son of an immigrant. will not act on it this year. abled her to perform with the Orches- Over 90 years ago my grandmother car- But we cannot wait to act on immi- tra. ried my mother, then a 2-year-old in- gration reform. The problem is too ur- I first learned about Tereza when her fant, down a gangplank and off the ship gent. Congress should back up the family called to ask for my help. that brought them here from Lith- President’s words with action. We Tereza first discovered that she was uania. should pass the DREAM Act this year. undocumented when she was preparing As this poor family made its way The DREAM Act is the only immi- to apply to colleges. The top music through the streets, I am sure someone gration reform proposal reported to the schools in the country had recruited commented, ‘‘Not more of these peo- Senate floor in the 108th Congress. It is Tereza, but when they learned about ple.’’ This resistance to new Americans a narrowly-tailored, bipartisan bill her immigration status, most would has always been with us. that would provide immigration relief not permit her to apply. I called the We need to view immigrants for to a select group of students who are INS to ask for their help and they told whom they really are: men and women long term U.S. residents, have good me that Tereza should go back to with the courage to leave behind every- moral character and are pursuing a col- Korea. thing they knew to build a new and

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8671 better life for themselves and their thing the current Administration in- since Idaho is what they call a ‘‘non- children. herited from the prior Administration primacy state’’—to approve requests Immigrants have made us the great- and is now trying to implement. I from communities to delay their com- est country in the world. The best and would remind my colleagues, however, pliance with the new arsenic standard. brightest have come here from all over that the new lowered arsenic standard The bill is straightforward, it is the world, creating a rich diversity was not universally supported in Con- vital, and it is needed. It will save that continually renews and drives our gress when it was proposed. some of these communities from bank- society to new heights. There were Senators—not many, but ruptcy or from discontinuing essential As we mourn the passing of President I was certainly one of them—that knew community services. Many other Ronald Reagan, all Americans should that the cost of complying with the states—other than Idaho, Nebraska, recall his vision of our Nation as a new arsenic standard was going to crip- and New Mexico—face this same crisis. shining city upon a hill. Here is what ple economically—was going to break I implore my colleagues to learn about President Reagan said about the shin- the back financially—of rural commu- what their small communities are fac- ing city and immigration: nities and small towns across the west- ing, and to join with us in enacting If there have to be city walls, the walls ern United States. this essential regulatory relief. have doors and the doors are open to anyone I fought this new standard on the f with the will and the heart to get here. . . . floor of the Senate. I knew the costs The city is a beacon a magnet for all who were crippling and the health benefit ADDITIONAL STATEMENTS must have freedom, for all pilgrims from all was bogus. I also knew that the science the lost places who are hurtling through the to support the lower standard is being darkness, toward home. exposed as based on examples and sam- HONORING KATIE PENN AND Like me, President Reagan was the ple populations that were very, very HILLARY RAINEY son of an immigrant. We had very dif- flawed. The science is now revealing ∑ Mr. BUNNING. Mr. President, I pay ferent political philosophies, but Presi- that extrapolating from those sample dent Reagan understood the impor- tribute and congratulate Katie Penn communities to the whole of the and Hillary Rainey both of Winchester, tance of immigrants to our great coun- United States was a very, very flawed try. KY, on being selected to participate in basis for the drinking water standard. the America’s Promise Ambassadors I recently received a letter, in sup- I fought this new standard, but I did port of the DREAM Act, from a group Network. They will be representing not succeed. their community and Kentucky as of Americans who lost loved ones in There are communities now in Idaho young leaders and problem-solvers. the September 11 terrorist attacks. that will not be able to come into com- America’s Promise was founded in They wrote: pliance with this new standard by the 1997 to make children and youth a na- We will all be safer if we unite against the time it takes effect. Some of these tional priority. Their mission is to mo- terrorists and if our immigration system can Idaho communities have estimated bilize people from every sector of be made more rational and reflective of our that it would take double or triple American life to build the character values as a nation. their entire city budget, just to try to and competence of youth by fulfilling These brave Americans, who have come into compliance—and that would the following promises: providing car- suffered so much, understand that, as mean that no other city services could ing adults, safe places with structured we fight the war on terrorism, we must be paid for. activities after school, a healthy start, stand by the ideals that made our That kind of situation is clearly ri- marketable skills through education, country great. We shouldn’t deport ex- diculous, and I will fight as long and as and opportunities to serve. traordinary young people like Diana hard as I can to find solutions to this As ambassadors for the America’s and Tereza. They make America a problem. Promise program, Katie and Hillary stronger country. We should extend a For example, this past March I dis- will organize a project for National welcoming hand to them by passing the cussed this issue with EPA Adminis- Youth Service Day in April 2005 in DREAM Act this year. trator Mike Leavitt. Mike Leavitt is a their community. In addition, they will These young people cannot wait any Westerner—his folks in Utah are hav- dedicate 2 to 3 hours every month vol- longer—many of them will have been ing some of the same problems. deported by the time the next session I discussed that with him and I think unteering in their community, and will of Congress begins. he will try to be reasonable. I will keep have the opportunity to earn the Presi- For example, four honor-roll students discussing it with him. The problem is dent’s Volunteer Service Award for from Wilson High School in Arizona that EPA bureaucrats—who are so good their activities. They will also be par- are currently in deportation pro- at being bureaucrats—think they know ticipating in monthly training sessions ceedings. They have lived in the United Idaho better than Idahoans do. Some of to build their leadership skills. States since they were toddlers. Under our Idaho communities have requested Young people are part of the solution current law they have no options, but of EPA Region 10 that EPA exercise to problems we face in this country, the immigration judge who is consid- some flexibility with this standard. and we need to utilize their assets. I ering their case granted a continuance This is flexibility that EPA has already join my fellow Kentuckians to con- to give Congress time to pass the incorporated into its final agency rule gratulate Katie Penn and Hillary DREAM Act. on the arsenic standard. Rainey being named ambassadors for The Senate should vote on the Unfortunately, EPA bureaucrats are this program and thank them for their ∑ DREAM Act. I ask the Senate’s leader- doing what they are good at. They are dedication to community service. ship to schedule a vote on this impor- saying no to flexibility and hey, by the f tant bill as soon as possible. way, Castleford, Idaho or New Plym- TRIBUTE TO MINNESOTA RADIO f outh, Idaho—this won’t disadvantage you economically as much as you say. STATION, KTCZ–FM RURAL COMMUNITY ARSENIC That is what EPA says to the commu- ∑ Mr. DAYTON. Mr. President, I rise RELIEF ACT nities of Idaho. We know better than today to recognize an outstanding Min- Mr. CRAIG. Mr. President, I rise to you. nesota radio station, KTCZ-FM, which address an issue that is just now Seeing that EPA cannot be reason- recently won a National Association of emerging in rural America, but one able, I have worked with my colleagues Broadcasters Crystal Radio Award. The that is important and has the potential Senator NELSON of Nebraska and Sen- Award honors KTCZ-FM for its contin- to devastate, economically, small cit- ator DOMENICI of New Mexico. Both of uous commitments and exceptional ies and towns across the inter-moun- their States have similar problems. dedication to community service tain West—like in my State, of Idaho. The product of our collaboration is the throughout its listening region. The new Environmental Protection bill we are introducing today. KTCZ-FM, which is known locally as Agency drinking water standard of 10 With this bill, we are trying to force ‘‘Cities 97,’’ deserves this honor for its parts per billion for arsenic is some- States—and in Idaho’s case, the EPA many charitable contributions. Last

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8672 CONGRESSIONAL RECORD — SENATE July 22, 2004 year, the station donated over $2.7 mil- to balance the competing demands of Iraqi women are struggling every day lion in airtime, which enabled non- work and family. to participate in the rebuilding of their profit service organizations to raise al- In this legislative body, and around country, but they confront many ob- most $5 million for their important our country, we often hear rhetoric stacles, not least of which include the work. The station also aired over $1 about ‘‘family values.’’ Judy under- daily challenges to their own personal million worth of public service an- stands that if ‘‘family values’’ as a security. Today, the centers Fern nouncements and provided almost 80 term means anything, it must be ac- helped to establish are playing a cru- hours of public affairs broadcasts. companied by policies that actually cial role in the women’s movement in Their tremendous community sup- value families by providing them with Iraq. Fern knew the danger that she port previously earned KTCZ-FM the access to affordable health care, by faced, but she wanted to volunteer her Camp Heartland Heart of Hope Award, helping parents care for their children, services to further democracy and free- the Make-A-Wish Recognition Award, by giving working mothers opportuni- dom and to help Iraqi women come out the University Pediatrics Foundation ties for equal jobs with equal pay, and from behind the walls of oppression in Corporate Friend Award, and a Procla- by fighting practices that discriminate order to take their rightful place in a mation by the Governor of Minnesota. against parents in the workplace. new Iraq. KTCZ-FM’s employees share the sta- Judy understands that the American Fern was in constant e-mail contact tion’s dedication to helping others. family’s priorities are America’s prior- with many of us on Capitol Hill. She Last year, they donated over 2,500 ities. The family is the fundamental wrote about the dreams of the Iraqi hours of their own time to help worthy building block of our society. And women she met and what needed to be causes. when we make the American family done to make those dreams come true. On behalf of the thousands of Min- stronger, we make America stronger. Of Fern her Iraqi colleagues wrote: nesotans who have been helped by Cit- Judy has won praise from wide cir- ‘‘Fern lost her life, but won our love ies 97’s generosity, I thank the station, cles for her tireless efforts. President and this is unique in life. We must fol- its management, and its employees for Clinton called her ‘‘a remarkable na- low Fern in the same way and show to their extraordinary contributions. I tional treasure,’’ and I echo those the murderers that we will walk on in congratulate them for winning a 2004 words today. The occasion of Judy’s re- her spirit.’’ Crystal Radio Award. I trust that their tirement is indeed a bittersweet one. Fern Holland held two core beliefs: giving back to their community will But I have no doubt that she will con- that all people deserve basic human continue to lead the way for many tinue to lend her expertise and passion rights, and that one person really can more years.∑ to the National Partnership as she con- make a difference in the lives of oth- f tinues on in the role of senior advisor. ers—and she did.∑ I don’t know anyone who is a more f TRIBUTE TO JUDITH LICHTMAN passionate, tenacious, and intelligent ∑ Mr. DODD. Mr. President, I rise to advocate for women and families than RECOGNIZING GREGORY B. pay tribute to Judith L. Lichtman, who Judy Lichtman. She is a model for gen- ANDREWS stepped down recently after serving for erations to come, and I have truly en- ∑ Mr. ALLEN. Mr. President, I am 30 years as president of the National joyed the time I have spent working to- pleased today to recognize Mr. Gregory Partnership for Women and Families. gether with her over the years. B. Andrews for his community service I have been privileged to work with I thank Judy for her many, many and leadership. Gregory recently grad- Judy Lichtman for the past quarter years of dedicated work, and I wish her uated cum laude from Longwood Uni- century on numerous issues of impor- luck as she moves on to this new stage versity with a business administration tance to American women and fami- in her life and her career.∑ degree, concentrating in marketing. lies. Judy took the lead in efforts to f During his time at Longwood Univer- combat gender-based discrimination in sity, Gregory actively volunteered to IN MEMORY OF FERN HOLLAND the workplace, to protect a woman’s serve the student body. He was presi- right to choose, to provide each and ∑ Mrs. CLINTON. Mr. President, I dent of the Independent Innovation every American with affordable health rise today in honor of the memory of a Marketers Association and served on care, and to in so many other ways special woman, Fern Holland, who left the student advisory board. help working families across our Na- the comfort of her work as a lawyer in Following graduation, Gregory was tion. private practice to serve the poor, the commissioned a 2nd Lieutenant in the Judy began her career at the Na- oppressed, and the marginalized. She U.S. Army. He is currently serving on tional Partnership for Women and volunteered for the Peace Corps in Na- active duty at Fort Lee, VA in the Families in 1974, when it was known as mibia, Africa, and worked with the Quartermaster School, where he is en- the Women’s Legal Defense Fund. At American Refugee Committee to set up rolled in the officer basic course. With the time, she was its executive director legal clinics in Guinea. Finally, she the completion of this course, he will and only paid staff member. Under her worked for the U.S. Agency for Inter- join the 3rd Infantry Division at Fort leadership, the National Partnership national Development and the Coali- Stewart, GA. has become an organization that has tion Provisional Authority as a human Gregory B. Andrews has proven him- been at the forefront of many major rights lawyer organizing women’s self a true leader. I thank him for his legislative initiatives concerning groups and human rights groups in dedicated service to our country and women and families for the past three south central Iraq. Fern is someone wish him well in his future service.∑ decades. who deserves to be remembered both f Judy was particularly instrumental for what she did in life and what she in the successful effort to pass the gave in life in service to our country. REMEMBERING ZANE SHOWKER Family and Medical Leave Act, legisla- On March 9, 2004, she was brutally ∑ Mr. ALLEN. Mr. President, today I tion I was privileged to author in the gunned down south of Baghdad, near would like to reflect on the wonderful Senate. Judy recognized decades ago the city of Hilla. Her friend and col- life of a fine Virginian and American, that each and every day, men and espe- league, Salwa Oumashi, was also Mr. Zane Durwood Showker, who cially women in America are forced to killed. Fern worked tirelessly to set up passed away on June 23, 2004 in Rock- make difficult choices between advanc- women’s centers in south central Iraq. ingham County. ing their careers and caring for their She was working for our Government Born on January 30, 1926, in families. The FMLA hasn’t eliminated to provide safe places for Iraqi women Craigsville, VA, Zane Showker truly these difficult choices entirely. But by to discuss and pursue active roles in made the most of his time here on providing working men and women their communities. During her time in Earth. Throughout his life, he was an with up to twelve weeks of unpaid Iraq, she wanted to give women in outstanding businessman, perhaps best leave to care for a sick loved one or a places like Hilla and Karbala a voice exemplified by his founding the suc- newborn child, it has been an enormous because she feared they might be for- cessful Harrisonburg Fruit and help to women and men as they strive gotten otherwise. Produce, which would later become

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8673 Sysco Food Services of Virginia. His 10 campus presidents and four leader, plays with Barbies and music entrepreneurial skills were only out- chancellors. Additionally, John’s re- boxes, and has dreams of being a model shone by his philanthropic skills as Mr. sponsibilities at the university include or designer. I am confident that Jessica Showker kindly used his great success oversight of the activities and meet- will accomplish her goals, whatever in business to give back to his commu- ings of the board of trustees as well as they may be. nity through his various charitable leadership in strategic planning and Jessica Long is a testament to tri- projects. crisis management issues. umph over adversity. She is strong in More than anything, Zane Showker As ambassador of the University of both body and spirit. I ask my col- was an exceptionally kind and gen- Alabama system in the U.S. and leagues to join me in saluting her spir- erous gentleman who cared greatly for abroad, John has represented the Board it and wishing her the best of luck at the Shenandoah Valley. As Governor, I and its entities in activities of the As- the Athens Paralympics.∑ was proud to appoint Zane to the JMU sociation of Governing Boards of Amer- f Board of Visitors, where he served with ican Colleges and Universities, the COMMEMORATING VALMONT distinction. His work at JMU and American Council on Education, the IRRIGATION’S 50TH ANNIVERSARY throughout the Valley had a truly posi- College and University Personnel Asso- tive effect on the lives of countless Vir- ciation, the Japan-America Society of ∑ Mr. NELSON of Nebraska. Mr. Presi- ginians. Like so many others, I will al- Alabama, and the National Association dent, I am pleased and proud to con- ways have fond memories of his warm of State Universities and Land Grant gratulate a leading Nebraska company personality and hospitality at his won- Colleges. In addition to his responsibil- that this year is celebrating its 50th derful home, Breezy Hill. ities with the university system, John anniversary as the world’s preeminent Today, my thoughts and prayers go still finds time to actively participate mechanized irrigation manufacturer. out to the Showker family during this in the community by serving on the Valmont Industries’ development of difficult time.∑ Alabama Shakespeare Festival Theatre the center pivot technology has revolu- f Authority and boards of the Alabama tionized agricultural production, not School of Math and Science, the just in the United States, but around RECOGNIZING RAYMON THACKER Kentuck Festival, and A Women’s the world. At the same time, this tech- ∑ Mr. ALLEN. Mr. President, I am Place, a shelter for women and children nology uses far less water than other pleased today to recognize Mr. Raymon in Tuscaloosa, AL. He is a member of traditional means of irrigation such as Thacker for his community service and the 2004 class of Leadership Alabama flood and drip, and preserves water leadership. Mr. Thacker is in his 70th and Christ Episcopal Church. quality by reducing nonpoint source consecutive year of service as a mem- John received a Bachelor of Science pollution because it lessens the use of ber of the Scottsville Volunteer Fire degree in industrial economics/admin- pesticides and fertilizers. Valmont’s Department. Mr. Thacker is a founding istration and finance from Purdue Uni- products allow us to grow significantly member of the Department, and has versity and a Master of Arts from the more crops and produce greater crop selflessly given much of his time and Eastern Michigan University. John and revenue, all while protecting our vital hard work to see to it that the Depart- his wife Kirsten Boyd Hicks are the natural resources. ment continues to run smoothly and parents of three grown children and I am sure my colleagues are familiar effectively. have two grandchildren. with the center pivot. When you fly The Scottsville Volunteer Fire De- John has served the University of across the country and see huge circles partment serves about 15,000 residents Alabama community with dedication in the middle of farmland, those are within southern Albemarle, Fluvanna, and a sincere commitment to make the created by the center pivots manufac- Buckingham, and Nelson Counties. Mr. university a better place. The univer- tured in my home town of McCook and Thacker has worked tirelessly to make sity will, indeed, miss him, but I am Valley, where they were first devel- sure everyone in the area remains safe certain he will maintain his presence oped. In fact, the brand name is popu- and secure. and leadership within the Tuscaloosa larly known as Valley pivots. The Scottsville region surely appre- community. Today, I want to con- You can also see Valley center pivots ciates the talents and efforts that Mr. gratulate John on the occasion of his and linear and corner machines at Raymon Thacker has displayed as a retirement and wish him and his fam- work in over 100 countries. All told, the member of the Scottsville Volunteer ily the very best.∑ company maintains irrigation manu- Fire Department. I congratulate him f facturing and distribution facilities in on his community service and wish him five states and six countries on six con- well in the future.∑ JESSICA LONG tinents. ∑ f Ms. MIKULSKI. Mr. President, in a I worked with Valmont officials dur- few weeks we are going to be cheering ing my tenure as Governor, and I con- TRIBUTE TO MR. JOHN HICKS on our champion athletes at the Olym- tinue to work with Mogens Bay, chair- ∑ Mr. SHELBY. Mr. President, I rise pics in Athens, Greece. I rise today to man and chief executive officer for today to pay tribute to Mr. John Hicks, tell America the unique and inspiring Valmont; Bob Meaney, senior vice a veteran administrator of the Univer- story of a 12-year-old Marylander and president; and Tom Spears, president of sity of Alabama System who, after a record-breaking swimmer named Jes- the Irrigation Division; as well as the quarter-century of service, will retire sica Long. company’s Washington representatives on August 31, 2004. John has made tre- Jessica was born in Russia and adopt- at Bob Lawrence & Associates. In addi- mendous contributions to the institu- ed with her brother Joshua as an in- tion, I am also quite familiar with tion through his dedication to edu- fant. Though Jessica has faced health other Valmont products, since it is also cational excellence, and I am pleased difficulties and worn prosthetic legs the world’s foremost manufacturer of to congratulate him today. since she was a little girl, she has al- engineered poles for electrical trans- John has served as a member of the ways been on the move. She began mission, lighting, traffic signs and sig- University of Alabama management swimming seriously several years ago, nals, and wireless communications. team since 1979, most recently as exec- pushing off the wall of the pool with Today, a half century after Bob utive assistant to the chancellor and her knees, and using her upper body for Daugherty improved and marketed the secretary of the board of trustees of the majority of her swimming first center pivot, Valmont has pro- the University of Alabama. Recognized strength. She has since set 11 National duced an estimated 145,000 center piv- nationally for his accomplishments in and 2 Pan American records for dis- ots, linear, and corner machines, which higher education administration, John abled swimmers. Jessica is now going successfully irrigate more than 14 mil- has made countless contributions to to compete in the 50-, 100-, and 400- lion crop acres, and can effectively pro- the university. meter freestyle events at the mote the growth of virtually any crop. John has been an integral part of the Paralympics Games in Athens. I congratulate Valmont and its dedi- university’s efforts to recruit senior Jessica also finds time to just have cated workers for their half century of leadership, resulting in the selection of fun and be a kid. She has been a cheer- innovation and initiative as well as for

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8674 CONGRESSIONAL RECORD — SENATE July 22, 2004 their success in helping to feed the this special aviator as they turn onto pital and Nursing Home, where an world while protecting our environ- Wardleigh Drive at the Anchorage Ted uncle of mine was ably cared for, was ment. These are truly remarkable leg- Stevens International Airport.∑ founded there in 1952. In 1956, Chatom acies.∑ f citizens founded the beautiful Wash- ington County Public Library. Chatom f NEW JERSEY STATE SOCIETY BIDS became a regional leader in aviation TRIBUTE TO THOMAS H. FAREWELL TO JOHN AND HELEN when Roy Wilcox Airport was estab- WARDLEIGH PANNULLO lished there in 1963. In 1995, the town ∑ Ms. MURKOWSKI. Mr. President, I ∑ Mr. CORZINE. Mr. President, I am extended its appeal to additional tour- pay tribute to Mr. Thomas H. pleased to take this opportunity to ac- ists and golf enthusiasts by opening an Wardleigh, Alaskan aviation legend, knowledge the outstanding contribu- eighteen hole golf course. Reflecting who left us for new horizons on July 7, tions of John and Helen Pannullo in the hospitable environment of the 2004, following a long battle with can- strengthening the New Jersey State town, residents established the Chatom cer. Society. This valuable organization has Community Center in 2000. Lake Ellis A World War II Navy veteran, Tom played a major role in the professional opened that same year, providing in- moved to Alaska in 1951 and continued and social lives of so many present and creased avenues for fellowship and lei- his aviation career as a mechanic with former New Jersey residents who live sure to both residents and visitors. the U.S. Fish and Wildlife Service, and work in the National Capital area. Currently, the Town of Chatom encom- keeping its fleet of Grumman aircraft Unfortunately, their colleagues and passes a population of 1,205. in operation for decades. He completed many friends must bid them a fond I firmly believe that it is out of the his federal service at the Federal Avia- farewell as they finally retire and move small towns and rural communities of tion Administration. He then devoted from this area. America that there arises the rich val- the rest of his life to promoting safety John is a former association execu- ues that shape our State and Nation. enhancements for Alaskan aviation. In tive who has represented a number of People know and care for one another. 1984 he became chairman of the Alas- associations in New Jersey and Wash- They go to church. They encourage the kan Aviation Safety Foundation and ington, DC. Helen is retiring after 31 children of the community. They stand produced more than 1,000 weekly epi- years of Federal Government service up for truth, justice and common sodes of a TV show called ‘‘Hangar Fly- during which she held a variety of sense. That is the way they were raised ing’’ which was broadcast all over Alas- management positions in the informa- and that raising forms the basis for a ka. Because of the value of the instruc- tion technology field and served on the fierce sense of independence, a respect tion, the national organization, Air- board of Executive Women in Govern- for the ownership of property, and a craft Owner and Pilots Association, re- ment. love of democracy, where people from cently gave a grant to the University In 1997 John assumed the Presidency the heart of America rule. They love of Alaska Archives to transfer all of of the New Jersey State Society, and and respect America, they understand the programs to DVD so that future Helen became its secretary. Under the exceptional character of our coun- aviators will be able to learn from his their expert leadership, the NJSS had a try, obey her laws, and send their sons timeless wisdom. period of unprecedented growth and ac- and daughters to defend her just na- Tom Wardleigh logged over 33,000 tivity. They created an annual mem- tional interests. Without the people of flight hours in numerous types of air- bership directory and quarterly news- Chatom and millions like them, we craft. He was in great demand as an ad- letter. They also initiated the partici- would cease to bear the stamp, ‘‘Amer- vanced flight instructor, and was one pation of the NJSS in 10 to 12 high-pro- ican’’. of the few multiengine sea plane in- file events each year, including New Chatom has been a commercial and structors. Many, many Alaskan pilots Jersey Day at the National Cathedral, educational center for southwest Ala- were Tom’s students over the years. the Battle of the Beltway to raise bama for many years. In fact, I re- Although he was a tenacious fighter, funds for the Cystic Fibrosis Founda- cently found a diploma of another Wardleigh was soft spoken, friendly, tion, and the National Book Fest on uncle, Harry A. Powe, Jr., who came and always a gentleman, perhaps some the Mall. One of the highlights of this down from Black Creek outside Silas to reasons he was such a successful advo- period was the 2001 New Jersey inau- graduate from Chatom High School in cate for aviation safety enhancement, gural gala attended by more than one the 1920s. whether in education or technology. He thousand NJSS members and their The rich history and character of was most recently instrumental in the guests. Chatom are proof of the leadership po- development of the FAA Capstone During their tenure the income of tential of Americans intent upon the Project which has been credited as a the society has increased ten fold, and pursuit of the American dream and the significant factor in lowering the acci- the membership has gone from fewer promotion of American ideals. Since dent rate in rural Alaska. While his than 100 to nearly 900. its founding on October 4, 1904, the work was primarily in Alaska, Tom I am sincerely grateful for John and Town of Chatom has been a leader of participated in forums and projects all Helen’s dedication to the New Jersey Washington County, due not only to its over the United States as well as in State Society and their noteworthy ac- expanding educational and economical other countries whose aviation leaders complishments on behalf of the citi- opportunities but also to the hard work often came to Alaska to personally zens, businesses, labor organizations and good hearts of its people. As seek Tom’s advice on developing their and educational institutions in our Chatom prepares to celebrate its cen- safety programs. State. While we will miss them, I wish tennial, we should pause to look for- The list of commendations Tom had them every success and much happi- ward to the future achievements of its received over the years is long, and in- ness in this new chapter of their very citizens. I congratulate and commend cludes AOPA’s Laurence P. Sharples’ successful and productive lives.∑ Chatom for its accomplishments and national award in 1994 for his lifetime f continued growth. I thank the resi- of service. Last year, FAA Adminis- dents of Chatom for their examples of TRIBUTE TO THE TOWN OF trator Marion Blakey personally recog- American ideals and southern hospi- CHATOM, ALABAMA nized Tom with one of the agency’s tality.∑ ∑ most significant honors in U.S. civil Mr. SESSIONS. Mr. President, I take f aviation, the Distinguished Service this opportunity to recognize the town Award—this in addition to having pre- of Chatom in my home state of Ala- HONORING THE ACCOMPLISH- viously bestowed on him the Charles bama. On October 4, 2004, the Town of MENTS OF JEREMY TODD BOWL- Taylor Master Mechanic and the Chatom will celebrate its 100th birth- ING Wright Brothers’ Master Pilot Awards. day. Named the county seat of Wash- ∑ Mr. BUNNING. Mr. President, I pay While Tom Wardleigh may have ington County in 1907, the town later tribute and congratulate Jeremy Todd taken his last flight, pilots and pas- became the home of the county’s first Bowling of Manchester, KY on being sengers alike will fondly remember high school. Washington County Hos- awarded the Kentucky Farm Bureau

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8675 Insurance Agents Association Scholar- The citizens of Maysville should be recognition of Paul’s years of service ship from the Kentucky Farm Bureau proud to have a young man like Jesse on behalf of NISH, the Javits-Wagner- Education Foundation. This academic Duke Welte in their community. His O’Day, JWOD, Program and people scholarship will provide Jeremy with example of dedication and hard work with disabilities, the NISH Board of Di- $2,000 toward his education. should be an inspiration to the entire rectors granted him the status of emer- Jeremy has proven to be a very able Commonwealth. itus Board member. and competent student by winning this He has my most sincere admiration Paul was recently honored with the prestigious award. He will represent for this work and I look forward to his prestigious Milton ‘‘Milt’’ Cohen Lead- the graduates of Clay County High continued service to Kentucky.∑ ership Award, which recognizes an indi- School very well when he enrolls at the f vidual from a Community Rehabilita- University of Kentucky in the autumn. tion Program, CRP, working within HONORING THE RETIREMENT OF There he plans to study biology. the JWOD Program. The honoree must PAUL STABILE The citizens of Clay County should be have demonstrated national leadership proud to have a young man like Jer- ∑ Mr. JOHNSON. Mr. President, I pub- qualities leading to enhanced employ- emy Todd Bowling in their community. licly congratulate Paul Stabile on a ment opportunities for people with se- His example of dedication and hard very successful career helping individ- vere disabilities. Milton Cohen was a work should be an inspiration to the uals with disabilities obtain jobs. He is respected national leader in the field of entire Commonwealth. retiring from the Black Hills Workshop vocational rehabilitation. He has my most sincere admiration on September 13, 2004. I’ve appreciated Paul’s insight, ad- for this work and I look forward to his Over the years, Paul has been ex- vice and counsel on issues of impor- continued service to Kentucky.∑ traordinarily committed to exploring tance to people with disabilities in f new roles for people with disabilities in South Dakota. His undying commit- the workforce throughout the United COLONEL ROBERT MORGAN ment and dedication have helped open States. Paul began his career with the countless doors of opportunities to peo- ∑ Mrs. DOLE. Mr. President, I would Black Hills Workshop in 1973 when phi- ple with disabilities. Paul’s efforts like to reflect for a moment and ex- losophies about the people with disabil- have helped tear down barriers—bar- plain why we should take a moment to ities were making dramatic changes. riers set for those set in attitudes. I honor Colonel Robert Morgan, a man of The de-institutionalization of people wish nothing but the best for him and distinguished valor. Not only was he with disabilities in South Dakota was his family. It is with great honor that part of our Greatest Generation, he was reflective of what was happening all I share his impressive accomplish- a true hero, aptly defined as one who over the United States. Paul’s friends ments with my colleagues.∑ inspires through manners and actions, recall that Paul welcomed dozens of who leads through personal example men and women to Black Hills Work- f and accomplishments requiring brav- shop and the Rapid City community ery, skill, and determination. As com- who had spent their entire lives living RECOGNIZING HAWAII PARTICI- mander of the famed ‘‘Memphis Belle’’ in an institution in Redfield. Paul of- PANTS IN 2004 ECONOMICS CHAL- during World War II, and at a time fered them support in living, working LENGE when German anti-aircraft fire brought and assuming a quality of life that peo- down 8 in 10 bombers, Colonel Morgan ple with disabilities had never before ∑ Mr. AKAKA. Mr. President, today I repeatedly risked everything for his known. congratulate the team of students from country. In this extremely dangerous In 1996, a separate corporation, Black Iolani School of Honolulu, HI, for log- environment he piloted the first heavy Hills Services, was formed to provide ging a national accomplishment in the bomber to complete 25 combat mis- services to the Department of Defense National Economics Challenge recently sions in the European Theater, an un- and employment opportunities at Ells- held in New York City. The team trav- precedented achievement and the worth Air Force Base. Paul was se- eled over 5,000 miles to represent not magic number to be sent home. lected to lead the new corporation. only Hawaii, but the western region in Colonel Morgan’s exceptional cour- Paul’s association with the U.S. Air the competition, at which they age did not end in the European The- Force has provided thousands of job op- achieved a second-place finish in their ater. He continued his valiant service portunities to people with disabilities category, the David Ricardo division, to his country in the Pacific Theater and provided the Air Force with much- which is for students enrolled in single- and again made history when his B–29 needed support. Paul’s partnership semester economics courses. named ‘‘Dauntless Dotty’’ was chosen with the Air Force has been a shining The National Economics Challenge is to lead the first B–29 raid on Tokyo. A example to Human Service Agencies sponsored by the National Council on native of Asheville, NC, Colonel Mor- around the country for people with dis- Economic Education, NCEE, and the gan represented the American Spirit— abilities. Goldman Sachs Foundation, which cre- courage in the face of seemingly insur- During Paul’s tenure, Black Hills ated the Challenge in 2000 to promote mountable odds.∑ Services, and the people with disabil- student interest in economics, rein- f ities that it serves, has been recognized force classroom instruction, advance with some of the highest honors that academics, and reward scholarship. HONORING THE ACCOMPLISH- can be bestowed by the Air Force. Preliminary rounds began in April with MENTS OF JESSE DUKE WELTE These awards include Best Large Com- more than 3,600 students on over 700 ∑ Mr. BUNNING. Mr. President, I pay missary in the United States, Best teams participating in 33 State and 4 tribute and congratulate Jesse Duke Large Merchandise Department-Com- regional competitions. I commend the Welte of Maysville, KY on being award- missary, R.T. Riney Award, Best Food Hawaii Council on Economic Education ed the Kentucky Farm Bureau Mutual Services and the prestigious Hennessy for sponsoring the State-level competi- Insurance Company Scholarship from Award for Best Air Force Dining Facil- tion in my State and, on a constant the Kentucky Farm Bureau Education ity Worldwide. basis, training teachers and working to Foundation. This academic scholarship Paul also served on the Rapid City improve economic and financial lit- will provide Jesse with $2,000 toward Mayor’s Committee on Employment of eracy in Hawaii’s schools. Student his education. People with Disabilities. Paul’s leader- teams in the final round at the na- Jesse has proven to be a very able ship has gone beyond South Dakota. tional level faced difficult questions on and competent student by winning this From 1996 to 2003, Paul was a member complex economic concepts and theo- prestigious award. He will represent of the NISH Board of Directors where ries involving microeconomics, macro- the graduates of Maysville St. Patrick he served as treasurer and secretary. economics, international economics, High School very well when he enrolls NISH is the nonprofit organization and current events. The final round of at the University of Louisville in the that assists work centers in obtaining the competition was held before a autumn. There he plans to study polit- and maintaining contracts with the crowd of hundreds at the New York ical science. Federal Government. In March 2004, in High School of Economics and Finance

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8676 CONGRESSIONAL RECORD — SENATE July 22, 2004 in Manhattan. The Iolani team com- hotel room wide open, transforming his harvested green chile is ready for peted and placed second in their divi- room into a make-shift refrigerator. roasting. sion, for which I congratulate them With just 2 days left in his trip, The chile pepper is thought to have wholeheartedly. Harry was introduced to G. Lynn Sum- originated in South America. During As a former teacher and principal, I ner, an advertising man. Sumner met the 1500s, Spanish explorers and colo- am aware of the many hours of work with Harry that afternoon, and before nists introduced new crops, including that these students dedicated to de- business was discussed, Harry had chile, to the Southwest. velop the necessary knowledge to par- Sumner tuck a towel into his shirt col- Although producers have been ticipate in this national competition. lar and taste one of the pears. plagued by continuing drought condi- They have surmounted many chal- ‘‘I took a bite out of my pear and tions, agriculture continues to be a lenges at the State, regional and na- found that Harry had taken a wise pre- major contributor to our State’s econ- tional levels, and have emerged with caution,’’ said Sumner. ‘‘The juice omy. Chile is one of New Mexico’s most not only a placing finish to show for it, burst . . . and poured down over me. valuable commodities in terms of rev- but also the experiences and memories . . . At the same time, I sensed the full enue, and is the State’s most impor- of all they have learned along the way. flavor of the most luscious pear I had tant agricultural crop both culturally Economic and financial education are ever tasted.’’ and historically. New Mexico produced crucial components needed to build our Sumner was so impressed he imme- over 85,000 tons of chile in 2003, and future leaders, and I applaud all stu- diately agreed to help Harry promote planted acreage was estimated at 15,800 dents who participate in this competi- his product. That night he drafted a acres. Additionally, the value of the tion for their hard work. letter to be sent with each box of pears, crop was estimated at around $41 mil- I am pleased to enter the names of asking the recipient just to taste a lion in 2003. the Iolani team members for the pear and imagining what a wonderful The Hatch Chile Festival is an an- RECORD: Stephani Le, Kimberlee Col- Christmas gift a box of them would nual event which dates back 33 years. lins, Kyle Sombrero, and Brando make. The festival celebrates the chile and its Inouye. I also take this opportunity to The next morning, each of the 15 cultural influence on New Mexico and recognize their coach Richie Kibota for boxes of pears, along with a copy of the its people. The festival is held on Labor his contributions in helping the Iolani letter, were sent to America’s most Day weekend and draws hundreds of team prepare for the national competi- prominent business leaders. Before participants to the small town of tion. Of particular interest are their Harry left New York to return to Or- Hatch, located just west of the banks classmates and peers who rose to the egon, he had 500 orders in hand. of the Rio Grande. same challenges, whose names I would Seven decades later, Harry and David Chile harvest usually begins in late also like to enter into the RECORD. is the Nation’s largest and most well- July or early August and continues This includes another Iolani School known direct marketer of gourmet food through the red chile harvest or up team who competed and placed at both and fruit gifts. It ships more than 7.5 through the first frost. After harvest, State and regional levels in the Adam million gifts per year, including 4 mil- the chile arrives from the farms in al- Smith division for advanced place- lion during the Christmas holiday sea- most every container imaginable from ment, international baccalaureate, and son. Harry and David’s parent com- bushel baskets and burlap bags, to honors students, with team members pany, Bear Creek Corporation, is also a wooden crates and cardboard boxes—all Jeffrey Lawi, Brad Kawitaki, Ronald leading employer in Southern Oregon, filled with freshly picked green chile Kwok, Keone Nakoa, and Krystal providing 3,000 full-time and part-time waiting to be roasted. Ching, and coach Dick Rankin. Also in- jobs year around, and 11,000 jobs during The roasting process brings out its cluded are other Hawaii State partici- the holiday season. robust flavor and is most commonly pants: a third team from Iolani School I am proud to congratulate the good done using a cylindrical tumbler. Dur- and other teams from Kamehameha folks at Harry and David for 70 years of ing harvest season, these gas-powered Schools, Maryknoll School, Kaimuki providing millions and millions of fam- chile roasters can be seen going almost High School, and Nanakuli High and ilies around the world with delicious nonstop—outside grocery stores, in Intermediate School. food and countless Christmas memo- backyards, and of course, at the Chile Again, I congratulate the students ries. Festival in Hatch. and the faculty of Iolani School, and I I am also reminded of the words of join the people of Hawaii in expressing Thomas Jefferson, who said, ‘‘Cultiva- The festival spreads across the entire my pride in their impressive achieve- tors of the earth are the most valuable town, making room for visitors to take ments. It is these types of efforts that citizens. They are the most vigorous, in the sights and smells of the Chile are supported by the Excellence in Eco- the most independent, the most vir- festival and all its activities. The smell nomic Education Act, and these kinds tuous, and they are tied to their coun- of roasting green chile is subtle, but of efforts that will ensure that our stu- try and wedded to its liberty and inter- unmistakable. The flavor of roasted dents and future leaders have the tools ests by the most lasting bands.’’ green chile, like that of any food, is they need to make wise economic and In saluting Harry and David, I do hard to describe to someone who has financial decisions. more than salute a business. I also sa- never experienced it. Chile, and its history, is as much a f lute the ‘‘cultivators of the earth’’— the farmers and orchardists who do the part of our New Mexico culture and SALUTE TO HARRY AND DAVID work necessary to make the land blos- heritage as hot dogs, hamburgers, and ∑ Mr. SMITH. Mr. President, 70 years som with an abundance of treasures. I apple pie is to our national heritage. ago—in the fall of 1934—Harry Holmes am confident that their hard work and So much so, that we even have an offi- from Medford, OR traveled to New the hard work of all those at Harry and cial State question, ‘‘Red or Green?’’ York City armed with nothing more David will help to ensure that the best In the past, the Hatch Chile Festival than a dream and 15 boxes of Royal Ri- days of this company are yet to come.∑ was a small town event which at- vera pears, which had been grown on f tracted mostly native New Mexicans or the orchard in the beautiful Rogue Val- people familiar with the town of Hatch. ley owned by Harry and his brother IN RECOGNITION OF THE HATCH However, in 2003 the Festival was fea- David. Their goal—in the midst of an CHILE FESTIVAL AND NEW MEX- tured on cable television’s Food Net- economic depression—was to convince ICO CHILE GROWERS work, resulting in a significant jump in New York business executives that a ∑ Mr. DOMENICI. Mr. President, I rec- attendance. box of their pears was a perfect Christ- ognize the Hatch Chile Festival and to Regardless of its new found fame, the mas gift. recognize my home State of New Mex- festival has not lost its small town A week of meetings, however, yielded ico as the largest chile growing State charm, and I expect it never will. The no success, and the pears were begin- in the Nation. Soon it will be Sep- festival brings great recognition to ning to ripen. In an attempt to prolong tember. For those from the Land of En- Hatch valley locals, and much pride to the pears, Harry kept the window of his chantment, that means the recently native New Mexicans and visitors

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8677 alike. For that, and for all the accom- H.R. 4759. An act to implement the United ‘‘Winston E. Arnow United States Court- plishments of chile producers and fes- States-Australia Free Trade Agreement. house’’. tival organizers, I am proud, and I sa- The enrolled bills were signed subse- H.R. 1914. An act to provide for the issuance of a coin to commemorate the 400th lute them all here in this RECORD. Keep quently by the President pro tempore anniversary of the Jamestown settlement. up the good work, and may you con- (Mr. STEVENS). H.R. 2768. An act to require the Secretary tinue to represent Hatch and the State of the Treasury to mint coins in commemo- of New Mexico with distinction.∑ At 2:51 p.m., a message from the ration of Chief Justice John Marshall. f House of Representatives, delivered by H.R. 3277. An act to require the Secretary Ms. Niland, one of its reading clerks, of the Treasury to mint coins in commemo- RECOGNIZING GENE N. JOHNSON announced that the House has passed ration of the 230th Anniversary of the United ∑ Mr. ALLEN. Mr. President, I am the following bills, in which it requests States Marine Corps, and to support con- pleased to recognize Mr. Gene N. John- the concurrence of the Senate: struction of the Marine Corps Heritage Cen- ter. son for his community service and H.R. 3884. An act to designate the Federal H.R. 4380. An act to designate the facility building and United States courthouse lo- leadership. Mr. Johnson is in his 40th of the United States Postal Service located cated at 615 East Houston Street in San An- consecutive year of service as a mem- at 4737 Mile Stretch Drive in Holiday, Flor- tonio, Texas, as the ‘‘Hipolito F. Garcia Fed- ber of the Scottsville Volunteer Fire ida, as the ‘‘Sergeant First Class Paul Ray eral Building and United States Court- Department. During his time at the de- Smith Post Office Building’’. house’’. partment, Mr. Johnson actively took H.R. 4011. An act to promote human rights At 10:02 p.m., a message from the on the role of department president and freedom in the Democratic People’s Re- from 1986–1997, and also served as a public of Korea, and for other purposes. House of Representatives, delivered by HAZMAT responder. H.R. 4294. An act to designate the annex to Ms. Niland, one of its reading clerks, The Scottsville Volunteer Fire De- the E. Barrett Prettyman Federal Building announced that the House has agreed partment serves about 15,000 residents and United States Courthouse located at 333 to the following concurrent resolution, within southern Albemarle, Fluvanna, Constitution Avenue Northwest in the Dis- in which it requests the concurrence of Buckingham and Nelson Counties. Mr. trict of Columbia as the ‘‘William B. Bryant the Senate: Annex’’. H. Con. Res. 479. Concurrent resolution Johnson has worked selflessly to make H.R. 4608. An act to name the Department providing for a conditional adjournment of sure everyone in the area remains safe of Veterans Affairs outpatient clinic located the House of Representatives and a condi- and secure. in Peoria, Illinois, as the ‘‘Bob Michel De- tional recess or adjournment of the Senate. The Scottsville region surely appre- partment of Veterans Affairs Outpatient Clinic’’. ciates the talents and efforts that Mr. At 11:06 p.m., a message from the Gene Johnson has displayed as a mem- H.R. 4660. An act to amend the Millennium Challenge Act of 2003 to extend the authority House of Representatives, delivered by ber of the Scottsville Volunteer Fire Ms. Chiappardi, one of its reading Department. I congratulate him on his to provide assistance to countries seeking to become eligible countries for purposes of clerks, announced that the House has community service and wish him well that Act. ∑ passed the following bill, in which it in the future. H.R. 4766. An act making appropriations requests the concurrence of the Senate: f for Agriculture, Rural Development, Food H.R. 4916. An act to provide an extension of and Drug Administration, and Related Agen- MESSAGES FROM THE PRESIDENT highway, highway safety, motor carrier safe- cies for the fiscal year ending September 30, ty, transit, and other programs funded out of Messages from the President of the 2005, and for other purposes. the Highway Trust Fund pending enactment United States were communicated to H.R. 4840. An act to amend the Internal of a law reauthorizing the Transportation the Senate by Ms. Evans, one of his Revenue Code of 1986 to simplify the tax- Equity Act of the 21st Century. secretaries. ation of businesses. H.R. 4841. An act to amend the Internal f Revenue Code of 1986 to simplify certain tax EXECUTIVE MESSAGES REFERRED rules for individuals. MEASURES REFERRED As in executive session, the Presiding H.R. 4879. An act to increase the military Officer laid before the Senate messages housing private investment cap. The following bills were read the first from the President of the United and the second times by unanimous At 8:25 p.m., a message from the consent, and referred as indicated: States submitting sundry nominations House of Representatives, delivered by which were referred to the appropriate H.R. 1587. To promote freedom and democ- Ms. Niland, one of its reading clerks, racy in Vietnam; to the Committee on For- committees. announced that the House has passed (The nominations received today are eign Relations. the following bill, in which it requests H.R. 4600. An act to amend section 227 of printed at the end of the Senate pro- the concurrence of the Senate: the Communications Act of 1934 to clarify ceedings.) H.R. 4842. An act to implement the United the prohibition on junk fax transmissions; to f States-Morocco Free Trade Agreement. the Committee on Commerce, Science, and Transportation. MESSAGES FROM THE HOUSE At 9:09 p.m., a message from the H.R. 4766. An act making appropriations House of Representatives, delivered by for Agriculture, Rural Development, Food and Drug Administration, and Related Agen- ENROLLED BILLS SIGNED Mr. Hays, one of its reading clerks, an- cies for the fiscal year ending September 30, At 9:32 a.m., a message from the nounced that the House agree to the 2005, and for other purposes; to the Com- House of Representatives, delivered by report of the committee of conference mittee on Appropriations. Ms. Niland, one of its reading clerks, on the disagreeing votes of the two f announced that the Speaker has signed Houses on the amendment of the Sen- ate to the bill (H.R. 4613) making ap- the following enrolled bills and joint MEASURES PLACED ON THE resolution: propriations for the Department of De- fense for the fiscal year ending Sep- CALENDAR S. 741. An act to amend the Federal Food, tember 30, 2005, and for other purposes. Drug, and Cosmetic Act with regard to new The following bills were read the sec- animal drugs, and for other purposes. f ond time, and placed on the calendar: S. 2264. An act to require a report on the S. 2704. A bill to amend title XIX and XXI conflict in Uganda, and for other purposes. ENROLLED BILLS SIGNED of the Social Security Act to provide States S.J. Res. 38. Joint resolution providing for At 9:45 p.m., a message from the with the option to cover certain legal immi- the appointment of Eli Broad as a citizen re- House of Representatives, delivered by grants under the medicaid and State chil- gent of the Board of Regents of the Smithso- Ms. Niland, one of its reading clerks, dren’s health insurance programs. nian Institution. S. 2714. A bill to amend part D of title H.R. 1303. An act to amend the E-Govern- announced that the Speaker has signed XVIII of the Social Security Act, as added by ment Act of 2002 with respect to rulemaking the following enrolled bills: the Medicare Prescription Drug, Improve- authority of the Judicial Conference. H.R. 1572. An act to designate the United ment and Modernization Act of 2003, to pro- H.R. 4363. An act to facilitate self-help States Courthouse located at 100 North vide for negotiation of fair prices for Medi- housing ownership opportunities. Palafox Street in Pensacola, Florida, as the care prescription drugs.

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8678 CONGRESSIONAL RECORD — SENATE July 22, 2004 EXECUTIVE AND OTHER (FRL#7791–3) received on July 21, 2004; to the of 2003; to the Committee on Environment COMMUNICATIONS Committee on Environment and Public and Public Works. Works. HOUSE JOINT RESOLUTION NO. 247 The following communications were EC–8682. A communication from the Dep- laid before the Senate, together with uty Associate Administrator, Environmental WHEREAS, recent reports issued by he De- accompanying papers, reports, and doc- Protection Agency, transmitting, pursuant partment of Environmental Quality reveal uments, and were referred as indicated: to law, the report of a rule entitled ‘‘Na- that Virginia is currently the second largest importer of municipal solid waste from other EC–8673. A communication from the Ad- tional Emission Standards for Hazardous Air Pollutants for Asbestos’’ (FRL#7789–5) re- states, second only to Pennsylvania, and is ministrator, Agricultural Marketing Serv- currently importing approximately 5.5 mil- ice, Food and Vegetable Programs, transmit- ceived on July 21, 2004; to the Committee on Environment and Public Works. lion tons annually of municipal solid waste ting, pursuant to law, the report of a rule en- from other states; and titled ‘‘Onions Grown in Certain Designated EC–8683. A communication from the Dep- uty Associate Administrator, Environmental WHEREAS, the amount of municipal solid Counties in Idaho, and Malheur County, Or- waste being imported into Virginia is ex- egon; Increased Assessment Rate’’ (FV04–958- Protection Agency, transmitting, pursuant to law, the report of a rule entitled ‘‘Revi- pected to increase in the coming years due to 2 FR) received on July 21, 2004; to the Com- the closure of the Fresh Kills Landfill in New mittee on Agriculture, Nutrition, and For- sions to the California State Implementation Plan, Monterey Bay Unified and Santa Bar- York and increased volumes from other estry. states; and EC–8674. A communication from the Direc- bara County Air Pollution Control Districts’’ (FRL#7783–9) received on July 21, 2004; to the WHEREAS, the importation of significant tor, Faith-Based and Community Initiatives, amounts of municipal solid waste from other Department of Agriculture, transmitting, Committee on Environment and Public Works. states is prematurely exhausting Virginia’s pursuant to law, the report of a rule entitled limited landfill capacity; and ‘‘Equal Opportunity for Religions Organiza- EC–8684. A communication from the Dep- WHEREAS, the negative impact of truck, tions’’ (RIN0503–AA27) received on July 21, uty Associate Administrator, Environmental rail, and barge traffic and litter, odors, and 2004; to the Committee on Agriculture, Nu- Protection Agency, transmitting, pursuant noise associated with waste imports occurs trition, and Forestry. to law, the report of a rule entitled ‘‘Revi- at the location of final disposal and along EC–8675. A communication from the Dep- sions to the California State Implementation waste transportation routes, and current uty Associate Administrator, Environmental Plan, South Coast Air Quality Management landfill technology has the potential to fail, Protection Agency, transmitting, pursuant District’’ (FRL#7781–9) received on July 21, leading to long-term cleanup and other asso- to law, the report of a rule entitled 2004; to the Committee on Environment and ciated costs; and ‘‘Bitertanol, Chlorpropham, Cloprop, Com- Public Works. WHEREAS, under current federal law, Vir- bustion Product Gas, Cyanazine, et al.; Tol- EC–8685. A communication from the Dep- ginia cannot regulate the amount of solid erance Actions’’ (FRL#7358–6) received on uty Associate Administrator, Environmental waste brought into the Commonwealth each July 21, 2004; to the Committee on Agri- Protection Agency, transmitting, pursuant year; and culture, Nutrition, and Forestry. to law, the report of a rule entitled ‘‘Revi- EC–8676. A communication from the Chair- sions to the California State Implementation WHEREAS, the importation of significant man, Board of Governors of the Federal Re- Plan, South Coast Air Quality Management amounts of municipal solid waste from other serve System, transmitting, pursuant to law, District’’ (FRL#7784–3) received on July 21, states is inconsistent with Virginia’s efforts the Board’s semiannual Monetary Policy Re- 2004; to the Committee on Environment and to promote the Commonwealth as a national port to the Congress; to the Committee on Public Works. and international destination for tourism Banking, Housing, and Urban Affairs . EC–8686. A communication from the Dep- and high-tech economic development; and EC–8677. A communication from the Assist- uty Associate Administrator, Environmental WHEREAS, the Commerce Clause of the ant to the Board of Governors of the Federal Protection Agency, transmitting, pursuant United States Constitution and its interpre- Reserve System, transmitting, pursuant to to law, the report of a rule entitled ‘‘Trans- tation and application by the United States law, the report of a rule entitled ‘‘Risk- portation Conformity Rule Amendments for Supreme Court and other federal courts re- Based Capital Guidelines; Capital Adequacy the New 8-Hour Ozone and PN2.5 National garding interstate solid waste transportation Guidelines; Capital Maintenance; Consolida- Ambient Air Quality Standards and Mis- has left Virginia and other states with lim- tion of Assets-Backed Commercial Paper cellaneous Revisions for Existing Areas; ited alternatives to regulate, limit, or pro- Programs and Other Related Issues (Regula- Transportation Conformity Rule Amend- hibit the importation of municipal solid tions H and Y)’’ (Doc. No. R–1162) received on ments: Response to Court Decision and Addi- waste; and July 21, 2004; to the Committee on Banking, tional Rule Changes Correction to the Pre- WHEREAS, the General Assembly of Vir- Housing, and Urban Affairs. amble’’ (FRL#7789–6) received on July 21, ginia believes that state and local govern- EC–8678. A communication from the Dep- 2004; to the Committee on Environment and ments should be given more authority to uty Associate Administrator, Environmental Public Works. control the importation of municipal solid Protection Agency, transmitting, pursuant EC–8687. A communication from the Chair- waste into their jurisdictions; and to law, the report of a rule entitled ‘‘Ap- man, United States International Trade WHEREAS, although state laws governing proval and Promulgation of Air Quality Im- Commission, transmitting, pursuant to law, the importation of municipal solid waste plementation Plans; Pennsylvania; Redesig- a report entitled ‘‘The Year in Trade 2003’’; have been ruled to violate the Commerce nation of the Hazelwood SO2 Nonattainment to the Committee on Finance. Clause of the United States Constitution, the and the Monongahela River Valley EC–8688. A communication from the Assist- enactment of the State Waste Empowerment Unclassifiable Areas to Attainment and Ap- ant Secretary for Legislative Affairs, De- and Enforcement Provision Act of 2003 would proval of the Maintenance Plan’’ (FRL#7781– partment of State, transmitting, pursuant to protect states from constitutional chal- 3) received on July 21, 2004; to the Committee law, the report of a rule entitled ‘‘Amend- lenges to common sense regulation of trash on Environment and Public Works. ment to the International Traffic in Arms haulers, and empower states to require in- EC–8679. A communication from the Dep- Regulations: United States Munitions List spectors at landfills, incinerators, and trans- uty Associate Administrator, Environmental and Part 123’’ (RIN1400–ZA) received on June fer stations that accept out-of-state munic- Protection Agency, transmitting, pursuant 24, 2004; to the Committee on Foreign Rela- ipal solid waste; and to law, the report of a rule entitled ‘‘Ap- tions. WHEREAS, it is the consensus of the Gen- proval and Promulgation of Air Quality Im- EC–8689. A communication from the Dep- eral Assembly of Virginia that state and plementation Plans; District of Columbia, uty Assistant Attorney General, Office of local governments should be given more au- Maryland, Virginia; Technical Amendment’’ Legal Policy, Department of Justice, trans- thority to limit, reduce, and control the im- (FRL#7790–5) received on July 21, 2004; to the mitting, pursuant to law, the report of a rule portation of solid waste into their jurisdic- Committee on Environment and Public entitled ‘‘National Instant Criminal Back- tions through several provisions, including Works. ground Check System Regulation’’ (RIN1110– percentage caps, calendar year freezes, the EC–8680. A communication from the Dep- AA07) received on July 22, 2004; to the Com- regulation and restriction of certain modes uty Associate Administrator, Environmental mittee on the Judiciary. of transportation, the requirement of state Protection Agency, transmitting, pursuant f inspectors at facilities handling out-of-state to law, the report of a rule entitled ‘‘Ap- waste, and the assessment of fees for the re- proval and Promulgation of Maintenance PETITIONS AND MEMORIALS ceipt or disposal of out-of-state municipal Plan Revisions; Ohio’’ (FRL#7789–2) received The following petitions and memo- solid waste that are different than fees as- sessed for the receipt or disposal of munic- on July 21, 2004; to the Committee on Envi- rials were laid before the Senate and ronment and Public Works. ipal solid waste generated within the Com- EC–8681. A communication from the Dep- were referred or ordered to lie on the monwealth: Now, therefore, be it uty Associate Administrator, Environmental table as indicated: Resolved by the House of Delegates, the Sen- Protection Agency, transmitting, pursuant POM–492. A joint resolution adopted by the ate concurring, That the Congress of the to law, the report of a rule entitled ‘‘Mary- General Assembly of the Commonwealth of United States be urged to enact the State land: Final Authorization of State Hazardous Virginia relative to the State Waste Em- Waste Empowerment and Enforcement Pro- Waste Management Program Revisions’’ powerment and Enforcement Provision Act vision Act of 2003 (HR 1123). The Congress is

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8679 urged to authorize local and state govern- Whereas, the University of California re- Lakes. While rip currents seem to be better ments to regulate the importation of munic- port found that there is no significant addi- known at the ocean, they are no less serious ipal solid waste into their respective juris- tional air quality benefit to the use of to bathers along Michigan’s shores; and dictions; and, be it oxygenates such as MTBE in reformulated Whereas, rip currents, which are some- Resolved further, That the Clerk of the gasoline, relative to the alternative times mistakenly, referred to as rip tides or House of Delegates transmit copies of this nonoxygenated formulations identified by undertows, are caused by sandbars offshore resolution to the Speaker of the United the California Cleaner Burning Gasoline Pro- that break apart. The current that results States House of Representatives, the Presi- gram; and can be very strong, taking even an Olympic- dent of the United States Senate, and the Whereas, United States Senators Diane caliber swimmer swiftly away from the members of the Virginia Congressional Dele- Feinstein and James Inhofe previously intro- shore. The ‘‘rip’’ in the sandbar can be the gation so that they may be apprised of the duced legislation, S. 947, to grant the gov- result of high winds or large waves, and it sense of the General Assembly of Virginia in ernor of a state the power to waive the 2-per- can occur with absolutely no warning. Rip this matter. cent oxygenate content requirement for re- currents can last a few minutes, several formulated or clean burning gasoline as long hours, or even days. While there often is dis- POM–493. A joint resolution adopted by the as the fuel meets all other requirements for coloration to the water that is swept away Legislature of the State of California rel- reformulated gasoline other than those re- from the shore by the rip current, this is not ative to gasoline; to the Committee on Envi- garding oxygen content; and always easy to see. Although there is an ef- ronment and Public Works. Whereas, California has previously sought fective strategy a swimmer can use to return SENATE JOINT RESOLUTION NO. 28 a waiver from the United States Environ- to shore safely, this knowledge must be in mental Protection Agency of the oxygen place before such an incident occurs to pre- Whereas, the federal Clean Air Act Amend- content requirement; and vent a tragedy; and ments of 1990 (P.L. 101–549) mandate the use Whereas, the United States Environmental Whereas, there is clearly a need for greater of reformulated gasoline containing 2 per- Protection Agency denied California’s re- public awareness among beach visitors to the cent, by weight, oxygen in areas designated quest for a waiver on the grounds that there Great Lakes and more comprehensive re- as nonattainment areas due to high ambient was not sufficient evidence that the waiver search into rip currents. Research could help ozone levels in summer months and high am- would help California to reduce harmful lev- determine better responses and quicker noti- bient carbon monoxide levels in winter els of air pollutants; and fication for swimmers as a rip current situa- months; and Whereas, California has sought and re- tion develops. With the number of people Whereas, the federal oxygenate mandate ceived waivers from other provisions of the swimming in the Great Lakes each summer, requires the use of oxygenate in gasoline in federal Clean Air Act, including Section this research could save many lives: Now, approximately 70 percent of the California 209(b)(1) of that act, and has demonstrated therefore, be it retail gasoline market; and no loss of air quality benefits after those Resolved by the House of Representatives, Whereas, California has historically led waivers have been issued: Now, therefore, be That we memorialize the Congress of the the nation in enacting air quality improve- it United States to provide increased funding ment measures that provide substantial Resolved by the Senate and Assembly of the to support research and education on rip cur- health, economic, and social benefits for the State of California, jointly, That the Legisla- rents in the Great Lakes; and be it further state’s citizens; and ture of the State of California respectfully Resolved, That copies of this resolution be Whereas, the State Air Resources Board’s memorializes the United States Environ- transmitted to the President of the United Cleaner Burning Gasoline Program has re- mental Protection Agency to reconsider States Senate, the Speaker of the United sulted in reducing emissions equivalent to granting an administrative waiver of the fed- States House of Representatives, and the removing 3.5 million cars from California’s eral Clean Air Act’s oxygenated gasoline re- members of the Michigan congressional dele- roads; and quirement to the State of California, to the Whereas, the California Cleaner Burning gation. extent permitted by the federal Clean Air Gasoline Program provides greater flexi- Act, given the state’s independent require- bility than the federal program to produce POM–495. A concurrent resolution adopted ments for clean gasoline that meet both gasoline that meets stringent emission re- by the Senate of the Legislature of the State state and national ambient air quality duction mandates; and of Hawaii relative to prescription drugs to Whereas, methyl tertiary-butyl ether standards; and be it further the Committee on Finance. Resolved, That the Legislature of the State (MTBE) has been used in California as the SENATE CONCURRENT RESOLUTION NO. 56 of California respectfully memorializes the primary oxygenate additive to gasoline be- Whereas, the Medicare Drug Benefit law Congress of the United States to enact legis- cause its relatively low vapor pressure (RVP) recently enacted by Congress and signed into lation, if an administrative waiver of the simplifies the production of low-RVP sum- law by the President prohibits the govern- federal Clean Air Act is not granted by the mer gasolines, and because of its compat- ment from negotiating prescription drug United States Environmental Protection ibility with the blending and distribution prices with the manufacturers; and Agency, similar to, or including, the Feinste- system for gasoline, its ability to be trans- Whereas, the pharmaceutical companies Inhofe legislation, that would authorize Cali- ported by pipeline, and its high octane rat- have been negotiating with other govern- fornia to waive the oxygen content require- ing; and ments such as Canada and Mexico, offering ment for reformulated gasoline only if the Whereas, the Environmental Protection citizens of those countries substantial dis- fuel meets other requirements in the federal Agency’s Blue Ribbon Panel on Oxygenates counts on prescription drugs, while still gen- Clean Air Act for reformulated gasoline; and in Gasoline recommended that the 2-percent erating profits from the discounted prices; be it further oxygenate requirement be removed and that and Resolved, That the Legislature of the State MTBE be reduced substantially; and Whereas, news articles have documented of California respectfully memorializes the Whereas, pursuant to Chapter 816 of the that many Americans travel to Canada to President of the United States to sign that Statutes of 1997, the University of California purchase their prescription drugs; and legislation if it is enacted by the Congress of prepared a report that assessed the health Whereas, there is a growing momentum to the United States; and be it further and environmental effects of MTBE and sub- allow individuals, as well as state and local Resolved, That the Secretary of the Senate mitted that report to the Legislature and governments, to lower health care costs by transmit copies of this resolution to the the Governor in November 1998; and purchasing prescription drugs from Canada; President and Vice President of the United Whereas, the University of California re- and States, the Secretary of the United States port found that there are significant risks Whereas, allowing the American govern- Environmental Protection Agency, the and costs associated with water contamina- ment to negotiate prescription drug prices Speaker of the House of Representatives, the tion due to the use of MTBE because it is would reduce their costs, as since our pur- Majority Leader of the Senate, and to each highly soluble in water and will transfer chasing power covers approximately 270 mil- Senator and Representative from California readily to groundwater from leaking under- lion Americans, which is the largest econ- in the Congress of the United States. ground storage tank systems and other com- omy in the world, our government can nego- ponents of the gasoline distribution system; tiate lower prices than Canada and other POM–494. A resolution adopted by the and countries and pass on the savings to our citi- House of Representatives of the Legislature Whereas, the County of Santa Clara, the zens; and of the State of Michigan relative to rip cur- City of Santa Monica, the Lake Tahoe re- Whereas, all Americans will be the bene- rents in the Great Lakes; to the Committee gion, and the Sacramento area, as well as ficiaries of discounted prescription drugs, es- on Environment and Public Works. other municipalities in other areas of the pecially those who need prescription drugs state, have all been forced to shut down pub- HOUSE RESOLUTION NO. 271 for serious health conditions, all group pre- lic drinking water wells due to MTBE con- Whereas, the Great Lakes are known for scription drug programs provided by employ- tamination; and their beauty, power, and importance to life ers and union agreements, and the state and Whereas, the University of California re- in this region. Less well known and under- federal programs that provide prescription port found that over 60 percent of the res- stood are the dangers of rip currents, which drugs to veterans, Medicaid recipients, and ervoirs tested in California have detectable threaten public safety and can cause deaths others who qualify for government supported levels of MTBE; and of swimmers at beaches along the Great programs; and

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8680 CONGRESSIONAL RECORD — SENATE July 22, 2004 Whereas, substantial savings can be used States, the secretary of the United States and free market economy during the 14 years for other healthcare needs or expenses and Senate, the clerk of the United States House since i t overthrew, through a peaceful demo- reducing co-payments; and of Representatives, each member of the Lou- cratic movement, an illegal foreign occupa- Whereas, every other developed country isiana delegation to the United States Con- tion by the former Soviet Union; and has the power to negotiate the costs of pre- gress, and the presiding officer of each house Whereas, the United States never recog- scription drugs: Now, therefore, be it of each state legislature in the United nized the forced incorporation and illegal an- Resolved by the Senate of the Twenty-Second States. nexation of Lithuania by the former Soviet Legislature of the State of Hawaii, Regular Ses- Union in June, 1940, and continued to main- sion of 2004, the House of Representatives con- POM–497. A resolution adopted by the Sen- tain diplomatic relations with the legal rep- curring, That the President and Congress are ate of the General Assembly of the Common- resentatives of independent Lithuania; and urged to repeal the restriction on govern- wealth of Virginia relative to oral anti-can- Whereas, Lithuania has received invita- ment to negotiate reductions in prescription cer drugs; to the Committee on Finance. tions and is expected to join the North At- drug prices with manufacturers; and be it SENATE RESOLUTION NO. 21 lantic Treaty Organization (NATO), a defen- further Whereas, cancer is a leading cause of mor- sive alliance of Western democracies, in May Resolved, That certified copies of this Con- bidity and mortality in the Commonwealth of 2004, as well as the European Union, a current Resolution be transmitted to the and throughout the nation; and common market of Western democracies; President of the United States, the Speaker Whereas, cancer is disproportionately a and of the House of Representatives of the disease of the elderly, with more than half of Whereas, Lithuanian military units are United States, the President of the Senate of all cancer diagnoses occurring in persons age serving together with American troops in Af- the United States, and the members of Ha- 65 or older, persons who are often dependent ghanistan and Iraq as allies in the war on waii’s Congressional delegation. on the federal Medicare program for provi- global terrorism; and in Bosnia and Kosovo sion of cancer care; and in peacekeeping missions; and POM–496. A resolution adopted by the Sen- Whereas, treatment with anti-cancer drugs Whereas, the government and parliament ate of the Legislature of the State of Lou- is the cornerstone of modem cancer care, and of the Russian Federation have consistently isiana relative to the Central American Free elderly cancer patients must have access to opposed Lithuania’s re-integration with Trade Agreement; to the Committee on Fi- potentially life-extending drug therapy; and Western democracies and encumbered Lith- nance. Whereas, the Medicare program’s coverage uanian-Russian relations by refusing to rat- ify border treaties, demanding visa-free trav- SENATE RESOLUTION NO. 115 of anti-cancer drugs is limited to injectable drugs or oral drugs that have an injectable el through Lithuania’s territory for both ci- Whereas, U.S. Trade Representative Robert version; and vilian and military traffic, undermining Zoellick signed a Free Trade Agreement on Whereas, the nation’s investment in bio- Lithuania’s full participation in NATO by May 28, 2004, with the Central American medical research has begun to bear fruit opposing the basing of NATO troops and countries of El Salvador, Nicaragua, Guate- with a compelling array of new oral anti- equipment on Lithuania’s territory, for a mala, Honduras and Costa Rica; and cancer drugs that are less toxic, more effec- very considerable time denying Lithuania’s Whereas, the Central American Free Trade tive, and more cost-effective than existing Mazeikiu Nafta oil refinery a reliable supply Agreement (CAFTA) must now be approved therapies, but, because these drugs do not of crude oil, and imposing double tariffs on by the national assemblies in each of the have an injectable equivalent, they are not Lithuanian imports; and participating countries, with the approved covered by Medicare; and Whereas, The partially-privatized Russian legislation expected to come before the U.S. Whereas, the lack of coverage for these im- oil company, LUKoil, and the Russian gov- Congress in late June or early July for a portant new products leaves many Medicare ernment refuse to open their oil drilling site vote; and beneficiaries confronting the choice of either in the Baltic Sea 22 km off the coast of Lith- Whereas, approval of such an agreement substantial out-of-pocket personal cost or se- uania, known as ‘‘D–6’’, to international in- will be an economic disaster for farmers and lection of more toxic and less effective treat- spection, and refuse to cooperate with the workers in Louisiana in particular and ments that are covered by Medicare; and Lithuanian government in developing an ef- throughout the rest of the nation in general; Whereas, Medicare’s failure to cover oral fective plan to minimize the effects of the and anti-cancer drugs leaves at risk many bene- United States military personnel as part of a Whereas, the Louisiana sugar industry will ficiaries suffering from blood-related cancers broader NATO commitment; we urge Russia suffer immediate and irreversible damage as such as leukemia, lymphoma, and myeloma, to adopt a more cooperative policy towards jobs are lost and Louisiana sugar farmers go as well as cancers of the breast, lung, and Lithuania and its ally, the United States: out of business; and prostate; and Therefore, be it Whereas, it is now estimated that twenty- Whereas, certain members of the Congress Resolved, by the Senate of the Ninety-Third seven thousand jobs will be lost across of the United States have recognized the ne- General Assembly of the State of Illinois, That Southern Louisiana, throwing the state’s cessity of Medicare coverage for all oral we urge the government of the Russian Fed- economy into chaos, if the CAFTA legisla- anti-cancer drugs and have introduced legis- eration and the Russian oil company LUKoil tion is approved by the U.S. Congress; and lation in the 107th Congress to achieve that to open up its drilling site in the Baltic Sea, Whereas, Louisiana’s economy will lose ap- result (H.R. 1624 and S. 913); Now, therefore, known as D–6, off the coast of Lithuania for proximately nine hundred eighty-seven mil- be it inspection by international organizations lion dollars annually and over four billion, Resolved by the Senate, That the Congress of and Lithuanian authorities, and to develop a five hundred thousand dollars over the next the United States be hereby urged to adopt, comprehensive plan with Lithuania and five years if CAFTA becomes law; and legislation that requires the Medicare pro- other concerned states to deal with any envi- Whereas, CAFTA is modeled after NAFTA, gram to cover all oral anti-cancer drugs; ronmental pollution caused by the oil drill- the North American Free Trade Agreement, and, be it ing and production at the site; and be it fur- which has caused many U.S. textile manu- Resolved Further, That the, Clerk of the ther facturers such as Fruit of the Loom to desert Senate transmit copies of this resolution to Resolved, That we urge government offi- American workers and relocate in foreign the President of the United States, the cials, the judiciary, and the media in Lith- countries where labor and life is extremely Speaker of the United States House of Rep- uania to address the current political crisis cheap; and resentatives, the President of the United surrounding the office of the President in Whereas, Louisiana communities are reel- States Senate, the Secretary of Health and Lithuania in a forthright and transparent ing from the effects of NAFTA with Crowley Human Services, the Administrator of the manner that will serve to strengthen demo- losing more than one hundred jobs at Gar- Centers for Medicare and Medicaid Services, cratic institutions and the rule of law in ment Manufacturing, and St. Martinville, and the members of the Congressional dele- Lithuania; and be it further Abbeville, Port Barre, and Vidalia, losing gation of Virginia so that they may be ap- Resolved, That suitable copies of this reso- nearly eight thousand Fruit of the Loom prised of the sense of the Senate of Virginia. lution be presented to President George W. jobs; and Bush, each member of the Illinois congres- Whereas, negotiations between Southwest POM–498. A resolution adopted by the Sen- sional delegation, the embassies of Lith- Louisiana rice farmers and Cuba to buy Lou- ate of the Legislature of the State of Illinois uania and the Russian Federation, and to the isiana rice will be impeded or made impos- relative to Lithuania; to the Committee on national office of the Lithuanian-American sible if the U.S. Congress passes the CAFTA Foreign Relations. Community, Inc. legislation: Therefore, be it SENATE RESOLUTION NO. 447 Resolved, That the Senate of the Legisla- Whereas, the Members of the Senate of the POM–499. A concurrent resolution adopted ture of Louisiana does hereby memorialize State of Illinois recognize and honor the by the General Assembly of the State of Ohio the U.S. Congress to reject the legislation 751st year of Lithuania’s statehood, and the relative to Taiwan’s participation in the before it to create the Central American 86th year of Lithuania’s independence as a World Health Organization; to the Com- Free Trade Agreement which would have democracy which was established on Feb- mittee on Foreign Relations. devastating consequences on the economy ruary 16, 1918, in Lithuania’s historic capital, SUBSTITUTE SENATE CONCURRENT RESOLUTION and the workers of Louisiana; be it further Vilnius; and NO. 24 Resolved, That a copy of this Resolution be Whereas, Lithuania has made significant Whereas, Taiwan and the United States transmitted to the president of the United progress in developing a stable democracy enjoy one of the most important economic

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8681 and strategic international relationships of other religious groups in the People’s Re- Whereas, Taiwan’s 23,000,000 people are not where together, Taiwan and the United public of China and the imprisonment of Dr. represented in the United Nations; and States promote a shared faith in and respect Charles Lee, implore the government of the Whereas, Taiwan has in recent years re- for freedom, democracy, and market prin- People’s Republic of China to immediately peatedly expressed its strong desire to par- ciples; and release Dr. Lee and restore to Falun Gong ticipate in the United Nations and has much Whereas, for the past half-century, Taiwan practitioners, Christians, and members of to contribute to the work and funding of the and the United States have worked hand-in- other religious groups full freedom of reli- United Nations; and hand to preserve peace and stability within gious and spiritual expression, and memori- Whereas, Taiwan’s participation in the the Pacific Rim and to help improve the alize the President of the United States and United Nations will help maintain peace and lives of their citizens and people around the the Secretary of the United States Depart- stability in Asia and the Pacific; and world; and . ment of State to take all necessary diplo- Whereas, the United States should promote Whereas, trade between Taiwan and the matic actions to secure the release of Dr. the values of freedom, democracy, and a United States has increased steadily in the Lee and encourage the restoration of reli- commitment to open markets and the free past 40 years, with the United States being gious freedom for Falun Gong practitioners, exchange of both goods and ideas at home Taiwan’s second-largest source of imports Christians, and members of other religious and abroad; and and Taiwan being the eighth-largest exporter groups in the People’s Republic of China; and Whereas, Taiwan shares these values with to the United States; and be it further the United States and has struggled through- Whereas, Taiwan is the tenth-largest Resolved, That the Clerk of the Senate out the past 50 years to create what is today United States export market, buying more transmit duly authenticated copies of this an open, thriving, and modern democracy United States merchandise than Brazil, Bel- resolution to the President of the United that routinely holds free and fair elections gium, Australia, or Italy and ranks as one of States, to the members of the Ohio Congres- and has dramatically improved its record on the top three destinations for United States sional delegation, to the Speaker and the human rights; and peaches, plums, celery, apples, cherries, Clerk of the United States House of Rep- Whereas, Taiwan has forged an open, mar- broccoli, corn, feed grains, and bovine hides; resentatives for distribution to the members ket-based economy and a thriving democ- and of the United States House of Representa- racy based on free elections and the freedom Whereas, the economic and trade partner- tives, to the President Pro Tempore and the of dissent; and ship between Taiwan and the United States Secretary of the United States Senate for Whereas, it is in the interest of the United is reflected not only in a large volume of distribution to the members of the United States to encourage the development of both two-way trade, but also in the high level of States Senate, to the United States Sec- these institutions; and Whereas, the United States must continue United States investment in Taiwan and in- retary of State, to the Ambassador of the to support the growth of democracy and on- creasingly in Taiwan’s investment in the United States to the People’s Republic of going market opening in Taiwan if this rela- United States; and China, to the Ambassador of the People’s Re- tionship is to evolve and reflect the changing Whereas, the United States Centers for public of China to the United States, to the nature of the global system in the 21st Cen- Disease Control and Prevention and its Tai- Taipei Economic and Cultural Office in Chi- tury; and wan counterpart have enjoyed close collabo- cago, Illinois, to the World Health Organiza- Whereas, the United States needs to sup- ration on a wide range of public health tion, and to the news media of Ohio. port partner countries that are lowering issues; and POM–500. A joint resolution adopted by the trade barriers; and Whereas, in recent years, the Republic of Whereas, a free trade agreement would not China has expressed a willingness to assist, Sixth Olbiil Era Kelulau (Palau National Congress) of the Republic of Palau relative only help Taiwan’s economy dramatically financially and technically, international expand its already growing entrepreneurial aid and health activities supported by the to Ambassador Fred Monroe Zeder II; to the Committee on Foreign Relations. class, but it would also serve an important World Health Organization; and political function; and Whereas, Taiwan’s participation in the POM–501. A concurrent resolution adopted Whereas, in the interest of supporting, pre- World Health Organization could bring many by the House of Representatives of the Gen- serving, and protecting the democratic fab- benefits to the state of health in Taiwan and eral Assembly of the State of Delaware rel- ric of the government of Taiwan, it has been also regionally and globally; and ative to trade relations with Taiwan; to the made clear that the United States supports Whereas, the World Health Organization Committee on Foreign Relations. the withdrawal of missiles deployed as a Constitution states that the enjoyment of threat against Taiwan by the People’s Re- the highest attainable standard of health is HOUSE CONCURRENT RESOLUTION NO. 46 Whereas, the United States and the Repub- public of China; and one of the fundamental rights of every Whereas, the United States has an obliga- lic of China on Taiwan, commonly known as human being without distinction of race, re- tion to its allies and to its own citizens to Taiwan, maintain an important trade rela- ligion, political belief, and economic or so- encourage economic growth, market open- tionship; and cial condition; and ing, and the destruction of trade barriers as Whereas, Falun Gong is an ancient Chinese Whereas, despite the fact that Taiwan only recently became a member of the World a means of raising living standards across mind and body practice followed by as many the board; and as 100 million people in the People’s Republic Trade Organization and that it has no formal trade agreement with the United States, Tai- Whereas, a free trade agreement with Tai- of China and is a peaceful, spiritual dis- wan would be a positive step toward accom- cipline that people use to improve their wan is the fourteenth largest trading nation in the world, the United States’ eighth larg- plishing all of these goals; health and to bring about positive changes in Whereas, direct and unobstructed partici- est trading partner, and as a center for inter- their lives; and pation in international health cooperation national trade it is vital to the economic Whereas, in July, 1999, then-President of forums and programs is crucial for all parts prosperity of this State and of the United the People’s Republic of China Jiang Zemin, of the world, especially with today’s greater who was fearful of anything other than the States; and Whereas, American businesses and workers potential for cross-border spread of various Communist Party of China touching the have benefited greatly from this dynamic infectious diseases; and hearts and minds of the Chinese people, trade relationship, most recently in the com- Whereas, Taiwan’s achievements in the banned the practice of Falun Gong. Since puter and electronics sector; and field of health are substantial, including one then, the Chinese government has conducted Whereas, as a center for international of the highest life expectancy levels in Asia, a propaganda campaign against Falun Gong trade Taiwan is a gateway to other Pacific maternal and infant mortality rates com- and has persecuted, imprisoned, and tortured Rim markets for United States exports, help- parable to those of western countries, the its practitioners; and ing to preserve peace and stability within eradication of the infectious diseases of chol- Whereas, Dr. Charles Lee, a Falun Gong the entire region; and era, smallpox, and the plague, and being the practitioner and United States citizen, was Whereas, United States agricultural pro- first Asian nation to eradicate polio and the arrested on his arrival in the People’s Repub- ducers have been particularly under rep- first country in the world to provide children lic of China on January 22, 2003, while at- resented in the list of United States exports with free hepatitis B vaccinations; and tempting to visit his family and has been im- to the region, despite the importance of the Whereas, the United States Centers for prisoned ever since; and market for growers of corn, wheat, and soy- Disease Control and Prevention and its Tai- Whereas, Christians and members of other beans; and wanese counterpart have enjoyed close col- religious groups have also been persecuted in Whereas, Taiwan has clearly emerged as laboration on a wide range of public health the People’s Republic of China: Now there- one of the United States’ most important al- issues; and fore be it lies in Asia and throughout the world; and Whereas, in recent years Taiwan has ex- Resolved, That the General Assembly of the Whereas, the State of Delaware and Tai- pressed a willingness to financially and tech- State of Ohio supports Taiwan’s participa- wan have established a sister-state relation- nically assist the international aid and tion in the World Health Organization; and ship symbolizing the close friendship be- health activities supported by the World be it further tween the people of Delaware and the people Health Organization; and Resolved, That we, the members of the of Taiwan; and Whereas, Taiwan’s population of 23 million 125th General Assembly of the State of Ohio, Whereas, this State seeks to encourage and people is larger than that of 75% of the strongly deplore the persecution of Falun expand mutually beneficial commercial rela- World Health Organization member states; Gong practitioners, Christians, and members tionships with Taiwan; and and

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8682 CONGRESSIONAL RECORD — SENATE July 22, 2004 Whereas, the United States, in the 1994 Whereas, ‘‘Amyotrophic Lateral Sclerosis dite the approval process necessary for for- Taiwan Policy Review, declared its intention (ALS) Awareness Month’’ will increase pub- eign teachers to teach in the state’s French to support Taiwan’s participation in appro- lic awareness of ALS patients’ cir- immersion program; be it further priate international organizations; and cumstances, acknowledge the terrible im- Resolved, That a suitable copy of this Reso- Whereas, Taiwan’s participation in the ac- pact this disease has on patients and families lution be transmitted to the speaker of the tivities of the World Health Organization and recognize the research for treatment and United States House of Representatives, the could bring many benefits to the state of cure. of ALS; Therefore be it president of the United States Senate, and to health not only in Taiwan but also region- Resolved, That the House of Representa- each member of Louisiana’s congressional ally and globally: Now therefore be it tives of the Commonwealth of Pennsylvania delegation. Resolved by the House of Representatives of recognize the month of may 2004 as the 142nd General Assembly of the State of ‘‘Amyotrophic Lateral Sclerosis (ALS) POM–504. A concurrent resolution adopted Delaware, the Senate thereof concurring there- Awareness Month’’ in Pennsylvania; and be by the House of Representatives of the Legis- in, That the Congress and the President of it further lature of the State of Louisiana relative to the United States are respectfully requested Resolved, That the House of Representa- the No Child Left Behind Act of 2001; to the and urged to strengthen trade relations with tives urge the President and Congress of the Committee on Health, Education, Labor, and the Republic of China on Taiwan (Taiwan) United States to enact legislation to provide Pensions. and to support the participation of Taiwan additional funding for ALS research; and be HOUSE CONCURRENT RESOLUTION NO. 20 in the United Nations; and be it further it further Resolved, That the General Assembly Resolved, That copies of this resolution be Whereas, the No Child Left Behind Act of strongly urges the pursuit of a policy that transmitted to the President of the United 2001 (NCLB) requires all schools in the na- includes an initiative directed at the World States, to the Vice President of the United tion to meet high academic standards; and Trade Organization to give Taiwan appro- States, to the Speaker of the House of Rep- Whereas, the state of Louisiana has priate and meaningful participation in the resentatives, to the members of Congress worked diligently to meet the requirements activities of the World Trade Organization in from Pennsylvania and to the United States of NCLB, creating a school accountability a manner that is consistent with the organi- Secretary of Health and Human Services. program that has been ranked the best in the zation’s requirements; and be it further nation; and Resolved, That the Congress and the Presi- POM–503. A concurrent resolution adopted Whereas, the state’s school accountability dent of the United States are respectfully re- by the House of Representatives of the Legis- program is being implemented by city, par- quested and urged to support a free trade lature of the State of Louisiana relative to ish, and other local school systems at consid- agreement between the United States and the approval process necessary for foreign erable cost; and Taiwan; and be it further teachers to teach in the state’s French im- Whereas, the burden of meeting new stand- Resolved, That suitably prepared and au- mersion program; to the Committee on ards is falling on teachers and school em- thenticated copies of this Resolution be sent Health, Education, Labor, and Pensions. ployees; and to: The President of the United States, The Whereas, city, parish, and other local HOUSE CONCURRENT RESOLUTION NO. 23 United States Secretary of State, The Sec- school systems and their faculty and staff retary of Health, Education, and Welfare, Whereas, the French immersion program is need and deserve adequate resources to ac- The Speaker of the United States House of the state’s best hope for preserving the his- complish the goals of NCLB; and Representatives, The President of the United toric linguistic and cultural origins rep- Whereas, the proposed federal budget for States Senate, The Government of Taiwan, resented by the French language in Lou- Fiscal Year 2005 shortchanges the promised The Representative of the Taipei Economic isiana; and funding for NCLB’s Title I program by ap- Whereas, the French immersion program and Cultural Office in Washington, D. C., The proximately six billion seven hundred mil- can improve critical and creative thinking World Trade Organization, The United lion four hundred thousand dollars less than skills, encourage independent and self-dis- States Trade Representative, The Secretary- initially promised by NCLB; and ciplined learning, enhance skills in listening General of the United Nations, and The Whereas, it is unreasonable to expect the and concentration, boost self-esteem, create members of Delaware’s Congressional delega- state of Louisiana and city, parish, and other a lifelong ability to communicate with tion. local school systems to meet federally im- French speakers around the globe, and in- posed standards without federal appropria- POM–502. A resolution adopted by the crease opportunity for future employment, tion of adequate funds to meet such stand- House of Representatives of the General As- and beyond the acquisition of a second lan- ards: Therefore, be it sembly of the Commonwealth of Pennsyl- guage, French immersion achieves the goals Resolved, That the Legislature of Louisiana vania relative to Amyotrophic Lateral Scle- of cultural appreciation, respect, and mutual does hereby memorialize the United States rosis Awareness Month in Pennsylvania; to understanding; and Congress to support an amendment to the the Committee on Health, Education, Labor, Whereas, the recruitment of teachers in proposed federal budget for Fiscal Year 2005 and Pensions. the French immersion program is becoming to fully fund the No Child Left Behind Act of increasingly challenging, and the number of HOUSE RESOLUTION NO. 718 2001; be it further existing teachers is dwindling at an alarming Whereas, Amyotrophic Lateral Sclerosis Resolved, That suitable copies of this Reso- rate as well; and lution be transmitted to the speaker of the (ALS) is better known as Lou Gehrig’s dis- Whereas, the looming teacher shortage is a ease; and United States House of Representatives, the constant concern for the French immersion president of the United States Senate, and Whereas, ALS is a fatal neurodegenerative program, and the recruitment and disease characterized by degeneration of cell each member of Louisiana’s congressional retainment of an adequate number of quali- delegation. bodies of the lower motor neurons in the fied French teachers is the key to the con- gray matter of the anterior horns of the spi- tinuation of the French immersion program nal cord; and POM–505. A resolution adopted by the City in Louisiana; and of Parma Heights of the State of Ohio rel- Whereas, the initial symptom of ALS is Whereas, the number of foreign teachers ative to the Breast Cancer Patient Protec- weakness of the skeletal muscles, especially available to teach in the French immersion tion Act of 2003; to the Committee on Health, those of the extremities; and program in Louisiana is being diminished by Whereas, as ALS progresses, the patient Education, Labor, and Pensions. immigration regulations and complications; experiences difficulty in swallowing, talking and and breathing; and POM—506. A resolution adopted by the Whereas, it is urgent that congress devote Whereas, ALS eventually causes muscles House of Representatives of the General As- immediate attention to expediting the ap- to atrophy, and the patient becomes a func- sembly of the Commonwealth of Pennsyl- proval process required for foreign teachers tional quadriplegic; and vania relative to funding for the Division of to gain whatever eligibility is necessary so Whereas, ALS does not affect a patient’s Diabetes Translation (DDT); to the Com- that the French immersion program will be mental capacity, so a patient remains alert mittee on Health, Education, Labor, and suitably staffed to meet the needs of the stu- and aware of the loss of motor functions and Pensions. the inevitable outcome of continued deterio- dent population and ultimately because the HOUSE RESOLUTION NO. 764 ration and death; and program must have such teachers if it is to Whereas, ALS occurs in adulthood, most survive; and Whereas, there are 18.2 million people or commonly between the ages of 40 and 70, Whereas, French immersion reflects Lou- 6.30 of the population living with diabetes; with the peak age about 55, and affects men isiana’s heritage and benefits every student and two to three times more often than women; who takes part in the program, and no child Whereas, each year 13 million people are and who desires participation should be denied diagnosed with diabetes, while 5.2 million Whereas, more than 5,000 new ALS patients the satisfaction and pride derived from be- cases go undiagnosed; and are diagnosed annually; and coming bilingual in the French language due Whereas, each year there are 1.3 million Whereas, on average, patients diagnosed to the emerging shortage of foreign French newly diagnosed cases of diabetes among with ALS survive two to five years from the teachers: Therefore, be it people 20 years of age and older; and time of diagnosis; and Resolved, That the Legislature of Louisiana Whereas, diabetes is the sixth leading Whereas, ALS has no known cause, preven- does hereby memorialize the United States cause of death in the United States, contrib- tion or cure; and Congress to take appropriate action to expe- uting to 213,062 deaths; and

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8683 Whereas, approximately one in every 400 to due to mixed messages sent by adults, teen stantly working underground to undermine 500 children and adolescents has type 1 diabe- use of marijuana increases; and the foundations of our confederated fabric. tes; and Whereas, marijuana is a gateway drug, as They are construing our constitution from a Whereas, twelve percent of adults with dia- illustrated by the National Center on Addic- co-ordination of a general and special gov- betes take both insulin and oral medications, tion and Substance Abuse at Columbia Uni- ernment to a general and supreme one alone. 19% take insulin only, 53% take oral medica- versity, which found that teenagers who This will lay all things at their feet . . .,’’ tions only, and 156 do not take insulin or smoke marijuana are 85 times more likely to and in an 1821 letter to Judge Spencer Roane, oral medications; and use cocaine than those who do not; and Jefferson pointedly asserted that ‘‘The great Whereas, in the United States diabetes Whereas, the following medical organiza- object of my fear is the Federal Judiciary. costs an estimated $132 billion or one out of tions are opposed to making smoked mari- That body, like gravity, ever acting with every ten health care dollars; and juana available for medical use: American noiseless foot and unalarming advance, gain- Whereas, DDT, a component of the Na- Medical Association; National Multiple Scle- ing ground step by step and holding what it tional Center for Chronic Disease Prevention rosis Association; National Caner Institute; gains, is engulfing insidiously the special and Health Promotion of the Centers for Dis- National Institute for Allergy and Infections governments into the jaws of that which ease Control and Prevention and the United Diseases; American Cancer Society; National feeds them’’; and States Department of Health and Human Eye Institute; National Institute on Dental Whereas, in The Federalist No. 78, Alex- Services, implements transitional programs Research; National Institute for Neuro- ander Hamilton cautioned that ‘‘The courts which have shown to be effective; and logical Disorders and Stroke: Now, therefore, must declare the sense of the law; and if they Whereas, DDT takes information from be it should be disposed to exercise will instead of clinical trials and incorporates the findings Resolved by the House of Representatives, judgment, the consequence would equally be into clinical and public health practices; and That we express our opposition to any efforts the substitution of their pleasure to that of Whereas, according to the DDT mission, to circumvent the federal drug approval the legislative body’’; and more needs to be done to eliminate the pre- process for the consideration of medical uses Whereas, the prevailing line of reasoning ventable burden of diabetes through leader- for marijuana; and be it further among those of us in the ‘‘Old Dominion’’ on ship, research, programs and policies that Resolved, That we encourage the scientific the subject of taxation—without representa- translate science into practice; and community to continue its efforts to dis- tion—finds situs as early as December 18, Whereas, for fiscal year 2004, the funding cover and test safe and effective medicines 1764, when what was then called Virginia’s for the DDT is $66.9 million: Therefore be it for people who are seriously ill, including po- Resolved, That the House of Representa- House of Burgesses remonstrated to the Brit- tential medicines containing synthesized ish House of Commons that ‘‘. . . it is essen- tives of the Commonwealth of Pennsylvania components marijuana, including Marinol memorialize the Congress to increase fund- tial to . . . liberty that . . . imposing taxes on and Sativex; and be it further the people ought not to be made without the ing for the DDT to help in the fight against Resolved, That copies of this resolution be a deadly disease which affects 6.30 of the pop- consent of representatives chosen by them- transmitted to the President of the United selves; who, at the same time that they are ulation; and be it further States Senate, the Speaker of the United Resolved, That copies of this resolution be acquainted with the circumstances of their States House of Representatives, and the transmitted to the presiding officers of each constituents, sustain a proportion of the bur- members of the Michigan congressional dele- house of Congress and to each member of den laid on them’’; and gation. Congress from Pennsylvania. Whereas, in his 1748 epic work, The Spirit of the Laws, the renowned political analyst POM–508. A resolution adopted by the POM–507. A resolution adopted by the Charles de Secondat Baron de Montesquieu House of Delegates of the General Assembly House of Representatives of the Legislature prophesied that ‘‘. . . there is no liberty, if of the Commonwealth of Virginia relative to of the State of Michigan relative to the fed- the power of judging be not separated from a Constitutional Amendment to prohibit fed- eral drug approval process for the consider- the legislative and executive powers. Were it eral courts from ordering or instructing any ation of medical uses for marijuana; to the joined with the legislative, the life and lib- state or local unit of government to levy or Committee on Health, Education, Labor, and erty of the subject would be exposed to arbi- increase taxes; to the Committee on the Ju- Pensions. trary control; for the judge would be then diciary. the legislator’’; and HOUSE RESOLUTION NO. 226 HOUSE RESOLUTION NO. 4 Whereas, James Madison, that noble Vir- Whereas, the Michigan Legislature sup- ginian—and later fourth President of the ports the goal of safe and drug-free commu- Whereas, on April, 18, 1990, by a narrow United States—opined in The Federalist No. nities; and vote of 5 to 4, the Supreme Court of the 47 that ‘‘. . . the preservation of liberty re- Whereas, substantial scientific evidence United States, in the case of Missouri v. Jen- quires that the three great departments of shows that smoked marijuana is harmful and kins (495 U.S. 33), chose to ignore Article I, powers [executive, judicial and legislative] offers no medical benefit to suffering pa- Section 8, of the Constitution of the United should be separate and distinct’’; and tients; and States, which reserves exclusively to the leg- Whereas, the Michigan Legislature strong- islative branch of government the authority Whereas, lawmakers in the 24 states of ly denounces any attempt to exploit the suf- to tax the citizenry; and Alabama, Alaska, Arizona, Colorado, Dela- fering of sick people by deceptive media Whereas, this ruling has set a disastrous ware, Illinois, Kansas, Louisiana, Massachu- campaigns; and example of allowing federal judges to order setts, Michigan, Missouri, Nevada, New Whereas, medical policy should be set for or instruct a state, or a political subdivision Hampshire, New York, North Dakota, Okla- the state of Michigan by Michigan law- thereof, or an official of a state or political homa, Pennsylvania, South Carolina, South makers working in conjunction with federal subdivision, to levy or increase taxes—over- Dakota, Tennessee, Texas, Utah, West Vir- and state officials and not by judges, celeb- turning more than 200 years of judicial non- ginia and Wyoming, as well as in the two rity spokespeople, or public relations efforts; intrusion into the political thicket of pre- United States territories. of Guam and the and scribing the level of taxation to be foisted Commonwealth of the Northern Mariana Is- Whereas, the National Cancer Institute has upon Americans; and lands, have petitioned the Congress of the found that inhaling marijuana smoke for any Whereas, in blistering dissenting remarks, United States to propose for ratification an purpose is a health hazard, because it con- Associate Justice Anthony Kennedy joined amendment to the Constitution of the tains over 400 potential carcinogens and de- by Chief Justice William Rehnquist and As- United States to reverse the calamitous and livers up to five times the amount of tar and sociate Justices Sandra Day O’Connor and ill-conceived 1990 holding in Missouri v. Jen- carbon monoxide to the body as cigarette to- Antonin Scalia pointed out that the Missouri kins; and bacco; and v. Jenkins decision transgresses the basic Whereas, Alexander Hamilton, in The Fed- Whereas, studies by the National Institute principles which define the role of judges by eralist No. 85, predicted that there indeed of Allergy and Infectious Diseases reveal endorsing ‘‘. . . an expansion of power in the would be times when Americans would come that HIV-positive marijuana smokers Federal Judiciary beyond all precedent. To- to ‘‘. . . rely on the disposition of the state progress to full-blown AIDS twice as quickly day’s casual embrace of taxation imposed by legislatures to erect barriers against the en- as nonsmokers and have an increased inci- the unelected, life-tenured Federal Judiciary croachments of the national authority’’: dence of bacterial pneumonia; and disregards fundamental precepts for the Now, therefore, be it Whereas, there are safe and effective medi- democratic control of public institutions’’; Resolved by the House of Delegates, That the cines, including chemical derivatives of the and Congress of the United States be urged to beneficial components of marijuana, that Whereas, Thomas Jefferson, that great na- propose for ratification an amendment to, can help control and lessen symptoms of per- tive son of Virginia, forewarned of the threat the Constitution of the United States to pro- sistent nausea; vomiting, wasting syndrome, that out-of-control federal courts would pose hibit federal courts from ordering or in- or loss of appetite from AIDS, chemo- when he proclaimed, in an 1820 letter to structing any state or local unit of govern- therapy, or radiation treatment, as well as Thomas Ritchie, that ‘‘A judiciary inde- ment to levy or increase taxes, the amend- medications available, for multiple sclerosis, pendent . . . of the will of the nation is a sol- ment to read as follows: glaucoma, and other medical conditions; and ecism . . .,’’ and in colorful language he went ‘‘Amendment XXVIII Whereas, statistics on drug use document on to describe the judicial branch as ‘‘. . . a ‘‘Section 1. Neither the Supreme Court nor that when teen perception of risk decreases, subtle corps of sappers and miners con- any inferior court of the United States—nor

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8684 CONGRESSIONAL RECORD — SENATE July 22, 2004 the court of any state, or political subdivi- be exceptions to the subject matter jurisdic- the exclusions of all others,’’ represents the sion thereof, in its application of this Con- tion of federal courts inferior to the United most far-reaching decision in its erosion of stitution or in its application of any law en- States Supreme Court; be it further the states’ right to define marriage; and acted by the Congress—shall have the power Resolved, That a copy of this Resolution Whereas, the Massachusetts court has to instruct or order a state or political sub- shall be transmitted to the secretary of the given the Massachusetts legislature 180 days division, or an official of such state or polit- United States Senate, the clerk of the to comply with the court’s ruling, which is ical subdivision, to levy or increase taxes. United States House of Representatives, and not sufficient time for the state to adopt a ‘‘Section 2. For purposes of this Amend- to each member of the Louisiana delegation constitutional amendment to overturn the ment, the word ‘state’ shall be understood to of the United States Congress. decision; and additionally include the District consti- Whereas, in light of the Massachusetts de- tuting the Seat of government of the United POM–510. A joint resolution adopted by the cision, many states are scrambling to deter- States, as well as any commonwealth, terri- General Assembly of the Commonwealth of mine what actions are needed to protect tory, or possession of the United States.’’; Virginia relative to a constitutional amend- their state’s Defense of Marriage Act from and, be it ment regarding marriage; to the Committee future court challenges; and Resolved further, That the Clerk of the on the Judiciary. Whereas, H. J. Res. 56, 108th Cong. and S.J. House of Delegates transmit copies of this Whereas, marriage is a unique cornerstone Res. 26, 108th Cong. proposed an amendment resolution to the Speaker of the United of the family, which is the foundation of to the Constitution of the United States to States House of Representatives, the Presi- human society; and declare that ‘‘marriage in the United States dent of the United States Senate, and the Whereas, only marriage between one man shall consist only of the union of a man and a woman’’; and members of the Virginia Congressional Dele- and one woman has been permitted or recog- Whereas, a federal constitutional amend- gation so that they may be apprised of the nized historically throughout the United ment is the only way to protect the institu- sense of the House of Delegates of Virginia in States; and tion of marriage and resolve the controversy this matter. Whereas, history has shown marriage be- tween a man and a woman to be the best created by these recent decisions by return- ing the issue to its proper forum in the state POM–509. A concurrent resolution adopted context for the reproduction of the human race and for raising children to be respon- legislatures: Now, therefore, be it by the Senate of the Legislature of the State Resolved by the House of Delegates, the Sen- of Louisiana relative to public expressions of sible adults; and Whereas, marriage provides lower risk of ate concurring, That the Congress of the religious faith within the state of Louisiana; United States be urged to propose a constitu- to the Committee on the Judiciary. infant mortality, better physical health for the children and has numerous health bene- tional amendment to protect the funda- SENATE CONCURRENT RESOLUTION NO. 29 fits for the father and mother; and mental institution of marriage as a union be- Whereas, the Declaration of Independence Whereas, religious and civil laws have tween a man and a woman; and, be it Resolved further, That the Congress of the declared that governments are instituted to granted marriage special recognition, bene- United States be urged to initiate an secure certain unalienable rights, including fits, responsibilities and legal protections amendment... life, liberty, and the pursuit of happiness, since at least the beginning of recorded his- with which all human beings are endowed by tory; and POM–511. A concurrent memorial adopted their Creator and to which they are entitled Whereas, the Commonwealth accords mar- by the Senate of the Legislature of the State by the laws of nature and of nature’s God; riage more responsibilities and legal protec- of Arizona relative to a constitutional and tions than other partnerships of unrelated amendment regarding rights to victims of Whereas, the Tenth Amendment to the individuals; and crime; to the Committee on the Judiciary. United States Constitution clearly recog- Whereas, the Full Faith and Credit Clause nizes that a state retains all rights not spe- in the United States Constitution provides SENATE CONCURRENT MEMORIAL NO. 1003 cifically delegated by the constitution to the that states must recognize the laws and judi- Whereas, criminal defendants are afforded federal government of the United States of cial acts of every other state in the Union; numerous federal rights and procedural pro- America; and and tections; and Whereas, Article III, Section 2, of the Whereas, in 1996 Congress enacted the De- Whereas, victims of crime are not afforded United States Constitution grants the Con- fense of Marriage Act to exempt states from any, federal rights or protections; and gress the authority to except certain mat- being required to afford full faith and credit Whereas, the people of this state believe in ters from the jurisdiction of the federal to laws recognizing marriages between per- the individual rights and liberties of all per- courts inferior to the United States Supreme sons of the same sex; and sons and have amended the Constitution of Court; and Whereas, in light of the Full Faith and Arizona to provide crime victims with rights Whereas, over the last several decades, the Credit Clause of the United States Constitu- and yet it is clear that without federal con- federal courts have claimed legal jurisdic- tion, there is significant risk that the federal stitutional rights, crime victims’ rights are tion in matters pertaining to religion within courts may hold the 1996 federal Defense of less meaningful and enforceable. an individual state; and Marriage Act unconstitutional; and Wherefore your memorialist, the Senate of Whereas, disputes and doubts have arisen Whereas, 37 states, including the Common- the State of Arizona, the House of Rep- with respect to public displays of the Ten wealth, have enacted laws, commonly known resentatives concurring, prays: 1. That the Congress of the United States Commandments and to other public expres- as Defense of Marriage Acts, that ban same- propose to the people an amendment to the sions of religious faith; and sex marriages; and Whereas, legislation has been introduced in Whereas, the unique legal status of mar- Constitution of the United States that pro- Congress to except subject matter jurisdic- riage in the Commonwealth is in danger vides rights to crime victims and that em- tion from the federal courts in certain mat- from constitutional challenges to these state bodies the following principles: (a) The right to be informed of and not ex- ters pertaining to the power to make a pub- marriage laws and the federal Defense of cluded from any public proceedings relating lic expression of religious faith. Therefore, Marriage Act, which may succeed in light of be it to the crime. the recent decisions on equal protection (b) The right to be heard regarding any re- Resolved, That the Legislature of Louisiana from the United States Supreme Court; and lease from custody. memorializes the Congress of the United Whereas, challenges to state laws have (c) The right to consideration for the safe- States to continue to preserve Louisiana’s been successfully brought in Hawaii, Alaska, ty of the victim, the victim’s interest in sovereignty related to public expressions of Vermont, and most recently in Massachu- avoiding unreasonable delay and the victim’s religious faith within the state of Louisiana; setts on the grounds.that the legislature interest in restitution. be it further does not have the right to deny the benefits (d) The right to be heard regarding any ne- Resolved, That the Legislature of Louisiana of marriage to same-sex couples and the gotiated plea or sentence. memorialize the Congress of the United state must guarantee the same protections (e) The right to receive notice of release or States to pass legislation declaring that the and benefits to same-sex couples as it does to escape. power: (i) to display the Ten Command- opposite-sex couples absent a constitutional 2. That any amendment to the Constitu- ments, (ii) to recite the Pledge of Allegiance, amendment; and tion of the United States to establish rights and (iii) to recite the national motto on or Whereas, the Vermont legislature chose to for crime victims grant standing to victims within property owned or administered by preserve marriage as the ‘‘legally recognized of crime to assert all rights established by the several states or political subdivisions union of one man and one woman,’’ but at the Constitution. thereof be among the powers reserved to the the same time enacted a dual system of 3. That any amendment to the Constitu- states respectively; that the words to the ‘‘civil unions’’ for same-sex couples that goes tion of the United States to establish rights Pledge of Allegiance are ‘‘I pledge allegiance beyond existing ‘‘domestic partnership’’ and for crime victims should clearly state that to the Flag of the United States of America, ‘‘reciprocal beneficiaries’’ laws that exist in the powers of the states to provide victims’ and to the Republic for which it stands, one California and Hawaii and in many localities rights in criminal proceedings, including the Nation under God, indivisible, with Liberty in the United States today; and right to define and enforce such rights, shall and Justice for all.’’; that the words to the Whereas, the Massachusetts ruling, by de- not be restricted or diminished by the Con- national motto are ‘‘In God We Trust’’; and claring that civil marriage means ‘‘the vol- gress or the federal courts of the United that the subject matter of these declarations untary union of two persons as spouses to States.

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8685 4. That the Secretary of State of the State nation as the strategic base from which the ative to President George W. Bush’s plans to of Arizona transmit copies of this Memorial final effort to defeat Japan was launched; reduce veterans’ benefits; to the Committee to the President of the United States Senate, and on Veterans’ Affairs. Whereas, President William J. Clinton pro- the Speaker of the United States House of SENATE CONCURRENT RESOLUTION NO. 126 Representatives and each Member of Con- claimed October 20, 1996, as a day honoring Whereas, members of the armed forces gress from the State of Arizona. the Filipino Veterans of World War II, recall- ing the courage, sacrifice, and loyalty of Fil- faithfully and diligently serve the people of POM–512. A concurrent resolution adopted ipino veterans of World War II in defense of the United States and have fought and died by the House of Representatives of the Legis- democracy and liberty; and in numerous wars and conflicts around the lature of the State of Hawaii relative to vet- Whereas, for decades after their heroic globe to protect the inalienable rights of life, erans’ benefits for Filipino veterans; to the service under the command of their leaders liberty, and the pursuit of happiness for all Committee on Veterans’ Affairs. and General Douglas MacArthur, these men Americans; and and women of Filipino-American national Whereas, numerous individuals devoted the HOUSE CONCURRENT RESOLUTION NO. 250 heritage were denied the benefits and privi- prime of their lives to defend the United Whereas, on February 11, 2003, Representa- leges provided to their American com- States, often putting careers on hold, delay- tive Neil Abercrombie, along with other patriots who fought side-by-side with them; ing their college education, and leaving fam- members, introduced H.R. 677 in the United and ilies behind, without hesitation, asking for States House of Representatives, which bill Whereas, the Rescission Act of 1946 with- nothing but respect in return; and was referred to the House Committee on Vet- drew the U.S. veteran’s status of Filipino Whereas, these heroic individuals faced ad- erans’ Affairs; and World War II soldiers, thereby denying them versity which most citizens will never be Whereas, the short title of this bill is ‘‘Fil- the benefits and compensation received by able to comprehend, often giving their lives ipino Veterans Equity Act of 2003’’; and their American counterparts and soldiers of for their fellow citizens; and Whereas, H.R. 677 would deem certain serv- more than sixty-six other U.S. allied coun- Whereas, a large number of veterans have ice in the organized military forces of the tries, who were similarly inducted into the been severely injured and disabled in the per- Government of the Commonwealth of the U.S. military; and formance of their duties, often resulting in Philippines and the Philippine Scouts to Whereas, the Rescission Act discriminated financial hardship; and have been active service for purposes of ben- against Filipinos, making them the only na- Whereas, citing a tight budget and over- efits under programs administered by the tional group singled out for denial of full whelming demand for services after opening Secretary of Veterans Affairs for qualified U.S. veterans status and benefits; and their medical facilities to all veterans in Filipino veterans; and Whereas, the passage of S. 68, now pending 1998, the Veterans Affairs Department (VA) Whereas, H.R. 677, in recognition of the in the United States Senate, would extend began efforts to halt enrolling new veterans courage and loyalty of the Filipino troops full and equitable benefits, particularly into its health care system; and who fought along side our armed forces in health benefits, to Filipino veterans, consid- Whereas, a memo from the VA in July 2002, the Philippines during World War II, would ering their advanced age and poor health; stated that marketing veterans health care make health benefits available to more of and services at health fairs, open houses, and these. qualified Filipino veterans: Now, Whereas, S. 68 proposes to amend Title 38 veterans meetings was inappropriate and therefore, be it of the United States Code, to improve bene- Resolved by the House of Representatives of fits for Filipino veterans of World War II and banned newspaper ads and mailings encour- the Twenty-second Legislature of the State of for the surviving spouses of those veterans; aging veterans to enroll in the veterans Hawaii, Regular Session of 2004, the Senate con- and health plan; and curring, That the President of the United Whereas, S. 68 would increase the rate of Whereas, this memo was sent out at a time States and the United States Congress are payment of compensation benefits to certain when approximately 300,000 veterans had urged to support the passage of H.R. 677; and Filipino veterans, designated in Title 38 been waiting for more than six months for an be it United States Code section 107(b) and re- appointment at a VA medical facility, some Further Resolved, That certified copies of ferred to as New Philippine Scouts, who re- waiting as long as two years for services; and this Concurrent Resolution be transmitted side in the United States and are United Whereas, Rep. Ted Strickland (D–OH) filed to the President of the United States, the States citizens or lawful permanent resident a lawsuit against the VA stating that the VA President of the United States Senate, the aliens; and has a congressional mandate that requires Speaker of the United States House of Rep- Whereas, S. 68 would further increase the the VA to perform outreach services and resentatives, the members of Hawaii’s con- rate of payment of dependency and indem- that the VA’s failure to publicize informa- gressional delegation, and the President of nity compensation of surviving spouses of tion about health care benefits and veterans’ the Filipino-American Veterans, Hawaii certain Filipino veterans; and services for veterans and their families is a Chapter. Whereas, S. 68 would further make eligible violation of this mandate; and for full disability pensions certain Filipino Whereas, although Congress is currently POM–513. A concurrent resolution adopted veterans who reside in the United States and considering a bill to allocate funding to the by the Legislature of the State of Hawaii rel- are United States citizens or lawful perma- VA in the sum of $28.6 billion for the current ative to improving benefits for Filipino vet- nent resident aliens; and fiscal year, this funding level is still not erans of World War II; to the Committee on Whereas, S. 68 would further mandate the enough to help alleviate many of the medical Veterans’ Affairs. Secretary of Veterans Affairs to provide hos- plights facing our brave American service pital and nursing home care and medical SENATE CONCURRENT RESOLUTION NO. 203 men and women; and services for service-connected disabilities for Whereas, a number of veterans groups have Whereas, on December 8, 1941, thousands of any Filipino World War II veteran who re- Filipino men and women responded to Presi- criticized the President’s budget submission sides in the United States and is a United for fiscal year 2005 as containing, ‘‘few legis- dent Roosevelt’s call for help to preserve States citizen or lawful permanent resident peace and democracy in the Philippines; and lative recommendations to improve, expand, alien; and or add new benefits for veterans,’’ and that Whereas, during the dark days of World Whereas, S. 68 would further require the ‘‘along with gross funding deficiencies in War II, nearly 100,000 soldiers of the Phil- Secretary of Veterans Affairs to furnish care practically every VA account, VA construc- ippine Commonwealth Army provided a ray and services to all Filipino World War II vet- tion is to be dramatically and most det- of hope in the Pacific as they fought along- erans for service-connected disabilities and rimentally shortchanged as well’’; and side United States and Allied forces for four nonservice-connected disabilities residing in Whereas, these groups have also criticized long years to defend and reclaim the Phil- the Republic of the Philippines on an out- the Bush administration’s shortcomings in ippine Islands from Japanese aggression; and patient basis at the Manila VA Outpatient proposals with respect to the provision of Whereas, thousands more Filipinos joined Clinic: Now, therefore, be it U.S. Armed Forces immediately after the Resolved by the Senate of the Twenty-Second benefits to veterans such as: war and served in occupational duty Legislature of the State of Hawaii, Regular Ses- (1) Developing a mechanism that greatly throughout the Pacific Theater; and sion of 2004, the House of Representatives con- reduces government obligations to com- Whereas, valiant Filipino soldiers fought, curring, That the United States Congress is pensate disabled veterans for service-in- died, and suffered in some of the bloodiest respectfully urged to support the passage of curred disabilities such as alcoholism and battles of World War II, defending belea- S. 68 to improve benefits for certain Filipino drug abuse; guered Bataan and Corregidor, and thou- veterans of World War II; and be it further (2) Asking Congress to enact legislation to sands of Filipino prisoners of war endured Resolved, That certified copies of this Con- deny compensation to a group of disabled the infamous Bataan Death March and years current Resolution be transmitted to the veterans who suffer greatly from their serv- of captivity; and President of the United States Senate, the ice-connected disabilities because these dis- Whereas, their many guerrilla actions Speaker of the United States House of Rep- abilities were obtained during periods of slowed the Japanese takeover of the Western resentatives, the members of the Hawaii non-combat such as during meal periods; Pacific region and allowed U.S. forces the Congressional delegation, and the Secretary (3) Proposing legislation to limit veterans time to build and prepare for the allied coun- of Veterans Affairs. to a one-time home loan guaranty; terattack on Japan; and (4) Recommending a cost-of-living adjust- Whereas, Filipino troops fought side-by- POM–514. A concurrent resolution adopted ment (COLA) for compensation based on a side with U.S. forces to secure their island by the Legislature of the State of Hawaii rel- projected 1.3 percent increase in COLA and

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8686 CONGRESSIONAL RECORD — SENATE July 22, 2004 continuing the practice of rounding down cated at 7715 and 7748 S. Cottage Grove Ave- Marine Corps nominations beginning Col. COLA to the nearest whole dollar which, nue in Chicago, Illinois, as the ‘‘James E. Randolph D. Alles and ending Col. Martin when done for many years in succession, will Worsham Post Office’’ and the ‘‘James E. Post, which nominations were received by have a compounding effect in substantially Worsham Carrier Annex Building’’, respec- the Senate and appeared in the Congres- eroding the value of the already modest tively, and for other purposes. sional Record on May 6, 2004. rates of compensation; and H.R. 4012. To amend the District of Colum- Air Force nominations beginning Randall (5) Continuing to place restrictions on re- bia College Access Act of 1999 to reauthorize M. Ashmore and ending James O. Wooten, ceiving both military retirement and vet- for five additional years the public school which were received by the Senate and ap- erans affairs disability benefits for certain and private school tuition assistance pro- peared in the Congressional Record on May veterans; and grams established under the Act. 10, 2004. Whereas, this lack of support for those in- H.R. 4222. A bill to designate the facility of Navy nomination of Rear Adm. (lh) Steven dividuals who sacrificed so much for the the United States Postal Service located at L. Enewold. freedoms the citizens of the United States all 550 Nebraska Avenue in Kansas City, Kansas, Navy nominations beginning Rear Adm. enjoy today is shameful and should be looked as the ‘‘Newell George Post Office Building’’. (lh) Stanely D. Bozin and ending Rear Adm. at as a disgrace by all citizens: Now, there- H.R. 4327. A bill to designate the facility of (lh) Patrick M. Walsh, which nominations were received by the Senate and appeared in fore, be it the United States Postal Service located at the Congressional Record on May 13, 2004. Resolved by the Senate of the Twenty-second 7450 Natural Bridge Road in St. Louis, Mis- Marine Corps nomination of Maj. Gen. Legislature of the State of Hawaii, Regular Ses- souri, as the ‘‘Vitilas ‘Veto’ Reid Post Office sion of 2004, the House of Representatives con- James F. Amos. Building’’. Navy nomination of Vice Adm. Timothy J. curring, That this body expresses its utmost H.R. 4427. A bill to designate the facility of Keating. disappointment in the lack of support the the United States Postal Service located at Navy nomination of Vice Adm. John B. current administration has shown toward 73 South Euclid Avenue in Montauk, New Nathman. veterans of our armed forces; and be it fur- York, as the ‘‘Perry B. Duryea, Jr. Post Of- Army nominations beginning Stephan A. ther fice’’. *Alkins and ending Clorinda K. Zawacki, Resolved, That Congress is urged to in- S. 2501. A bill to designate the facility of which nominations were received by the Sen- crease funding for the continuation and ex- the United States Postal Service located at ate and appeared in the Congressional pansion of veterans benefits and services; 73 South Euclid Avenue in Montauk, New Record on June 16, 2004. and be it further York, as the ‘‘Perry B. Duryea, Jr. Post Of- Army nominations beginning Douglas R. Resolved, That certified copies of this Con- fice’’. Dixon and ending Thorpe C. Whitehead, current Resolution be transmitted to the S. 2640. A bill to designate the facility of which nominations were received by the Sen- President of the United States, the Speaker the United States Postal Service located at ate and appeared in the Congressional of the United States House of Representa- 1050 North Hills Boulevard in Reno, Nevada, Record on June 16, 2004. tives, the President of the United States as the ‘‘Guardians of Freedom Memorial Air Force nomination of Lt. Gen. Duncan Senate, and Hawaii’s Congressional Delega- Post Office Building’’ and to authorize the J. McNabb. tion. installation of a plaque at such site, and for Army nomination of Lt. Gen. Bantz J. other purposes. Craddock. POM–515. A resolution adopted by the S. 2673. A bill to designate the facility of Army nominations beginning Nancy H. House of Representatives of the General As- the United States Postal Service located at Fielding and ending Tammy L. Miracle, sembly of the Commonwealth of Pennsyl- 1001 Williams Street, Ignacio, Colorado, as which nominations were received by the Sen- vania relative to the realignment of vet- the ‘‘Leonard C. Burch Post Office Building’’. ate and appeared in the Congressional erans’ services; to the Committee on Vet- S. 2682. A bill to designate the facility of Record on June 17, 2004. Army nominations beginning Brian R. erans’ Affairs. the United States Postal Service located at Copes and ending Dennis P. Simons, which HOUSE RESOLUTION NO. 682 222 West 8th Street, Durango, Colorado, as nominations were received by the Senate and Whereas, there are ten VA medical centers the ‘‘Ben Nighthorse Campbell Post Office appeared in the Congressional Record on and 29 community-based outpatient clinics Building’’. located in the Commonwealth of Pennsyl- June 17, 2004. f Navy nominations beginning Brian S. vania; and Adams and ending John M. Zuzich, which Whereas, nationwide the VA patient load EXECUTIVE REPORTS OF nominations were received by the Senate and has risen approximately 21% since 2001 to COMMITTEES appeared in the Congressional Record on more than 6 million; and Whereas, The Capital Asset Realignment The following executive reports of June 24, 2004. Valerie Lynn Baldwin, of Kansas, to be an for Enhanced Services (CARES) Commission committees were submitted: Assistant Secretary of the Army. is considering the closure or partial reduc- By Mr. WARNER for the Committee on Army nomination of Lt. Gen. James L. tion of services at VA medical centers in Al- Armed Services. Campbell. toona, Butler, Erie and Pittsburgh; and Marine Corps nomination of Brig. Gen. Army nomination of Maj. Gen. John M. Whereas, many veterans service organiza- Cornell A. Wilson, Jr. Brown III. tions oppose these proposed closures or re- Army nomination of Colonel Yves J. Navy nomination of Vice Adm. Robert F. ductions in service and consequent adverse Fontaine. Willard. effects on the quality and efficiency of Army nomination of Brigadier General Navy nomination of Vice Adm. Albert T. health care for veterans throughout the Don T. Riley. Church III. Commonwealth of Pennsylvania: Therefore Army nomination of Col. Jerry M. Rivera. Air Force nomination of Norman L. Wil- be it Navy nominations beginning Rear Adm. liams. Resolved, That the House of Representa- Air Force nomination of Thomas R. Bird. (lh) Richard J. Mauldin and ending Rear tives of the Commonwealth of Pennsylvania Air Force nominations beginning Rex A. Adm. (lh) Anthony L. Winns, which nomina- strongly urge the Department of Veterans Hinesley and ending Jeri K. Somers, which tions were received by the Senate and ap- Affairs to further evaluate the negative ef- nominations were received by the Senate and peared in the Congressional Record on Octo- fects of the proposed realignment of veterans appeared in the Congressional Record on ber 16, 2003. services and to consider alternative meas- July 8, 2004. Navy nomination of Capt. Timothy J. ures for the provision and enhancement of Air Force nominations beginning Peter W. McGee. quality health care for veterans in the Com- Bickel and ending William D. Taylor, which Army nominations beginning Brig. Gen. monwealth of Pennsylvania; and be it fur- nominations were received by the Senate and Gregory J. Hunt and ending Col. Jose M. ther appeared in the Congressional Record on Resolved, That a copy of this resolution be Vallejo, which nominations were received by July 8, 2004. sent to the President of the United States, to the Senate and appeared in the Congres- Air Force nominations beginning Donald the Department of Veterans Affairs, to the sional Record on November 20, 2003. A. Ahern and ending Michael A. Wobbema, presiding officers of each house of Congress Navy nomination of Gerald R. Manley. which nominations were received by the Sen- and to each member of Congress from Penn- Air Force nomination of Col. Douglas M. ate and appeared in the Congressional sylvania. Pierce. Record on July 8, 2004. Air Force nominations beginning Lorena Navy nominations beginning Myles E. f A. *Bailey and ending Jason P. *Zimmerer, Brooks, Jr. and ending James E. Watts, REPORTS OF COMMITTEES which nominations were received by the Sen- which nominations were received by the Sen- ate and appeared in the Congressional ate and appeared in the Congressional The following reports of committees Record on March 12, 2004. Record on July 8, 2004. were submitted: Marine Corps nominations beginning Col. Navy nominations beginning Billy M. Ap- By Ms. COLLINS, from the Committee on Robert D. Papak and ending Col. Eugene G. pleton and ending Mil A. Yi, which nomina- Governmental Affairs, without amendment: Payne, Jr., which nominations were received tions were received by the Senate and ap- H.R. 3340. A bill to redesignate the facili- by the Senate and appeared in the Congres- peared in the Congressional Record on July ties of the United States Postal Service lo- sional Record on April 29, 2004. 8, 2004.

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8687 Navy nominations beginning Carla M. The PRESIDING OFFICER. Without By Mr. DURBIN (for himself and Mr. Albritton and ending Edward L. Zawislak, objection, it is so ordered. SPECTER): S. 2722. A bill to maintain and expand the which nominations were received by the Sen- Coast Guard nomination of Craig S. steel import licensing and monitoring pro- ate and appeared in the Congressional Toomey. Record on July 8, 2004. Coast Guard nomination of Laurie J. gram; to the Committee on Finance. Navy nominations beginning Michael T. Mosier. By Mr. WYDEN: Acromite and ending Craig M. Zelig, which National Oceanic and Atmospheric Admin- S. 2723. A bill to designate certain land in nominations were received by the Senate and istration nominations beginning John C. the State of Oregon as wilderness, and for appeared in the Congressional Record on Clary III and ending Andrew P. Seaman, other purposes; to the Committee on Energy July 8, 2004. which nominations were received by the Sen- and Natural Resources. By Ms. SNOWE (for herself, Mr. KERRY, Navy nominations beginning Timothy A. ate and appeared in the CONGRESSIONAL and Mr. TALENT): Ackerman and ending Terry D. Webb, which RECORD on May 18, 2004. nominations were received by the Senate and S. 2724. A bill to amend section 33(a) of the appeared in the Congressional Record on *Nomination was reported with rec- Small Business Act (15 U.S.C. 657c(a)) to July 8, 2004. ommendation that it be confirmed sub- clarify that the National Veterans Business Navy nominations beginning Steven E. ject to the nominee’s commitment to Development Corporation is a private entity; Allen and ending Sharon M. Wright, which respond to requests to appear and tes- considered and passed. nominations were received by the Senate and tify before any duly constituted com- By Mrs. BOXER (for herself, Ms. MI- appeared in the Congressional Record on mittee of the Senate. KULSKI, Mr. LAUTENBERG, and Mr. July 8, 2004. CORZINE): (Nominations without an asterisk S. 2725. A bill to amend the Medicare Pre- Navy nominations beginning Kristen N. were reported with the recommenda- Atterbury and ending Mary A. Yonk, which scription Drug, Improvement, and Mod- nominations were received by the Senate and tion that they be confirmed.) ernization Act of 2003 to eliminate the cov- appeared in the Congressional Record on f erage gap, to eliminate HMO subsidies, to re- peal health savings accounts, and for other July 8, 2004. DISCHARGED NOMINATION Navy nominations beginning David A. purposes; to the Committee on Finance. Berger and ending Erin E. Stone, which The Senate Committee on Foreign By Mrs. BOXER: nominations were received by the Senate and Relations was discharged from further S. 2726. A bill to amend title 49 of the appeared in the Congressional Record on consideration of the following nomina- United States Code to provide flight attend- July 8, 2004. tion and the nomination was con- ant security training, and for other purposes; to the Committee on Commerce, Science, Navy nominations beginning John J. firmed: Adametz and ending Barney S. Williams, and Transportation. which nominations were received by the Sen- John Ripin Miller, of Washington, to be Di- By Mr. DODD (for himself, Mr. COCH- ate and appeared in the Congressional rector of the Office to Monitor and Combat RAN, Mr. DURBIN, and Mr. FEINGOLD): Record on July 8, 2004. Trafficking, with the rank of Ambassador at S. 2727. A bill to amend part A of title VI Army nomination of Col. Glenn K. Rieth. Large. of the Higher Education Act of 1965 regard- By Mr. MCCAIN for the Committee on f ing international and foreign language stud- ies; to the Committee on Health, Education, Commerce, Science, and Transportation. INTRODUCTION OF BILLS AND * David M. Stone, of Virginia, to be an As- Labor, and Pensions. sistant Secretary of Homeland Security. JOINT RESOLUTIONS By Mr. SCHUMER: * Benjamin H. Wu, of Maryland, to be As- The following bills and joint resolu- S. 2728. A bill to create a penalty for auto- sistant Secretary of Commerce for Tech- tions were introduced, read the first mobile insurance fraud, and for other pur- poses; to the Committee on the Judiciary. nology Policy. and second times by unanimous con- By Mr. DODD (for himself, Mr. LAUTEN- * Brett T. Palmer, of New York, to be an sent, and referred as indicated: Assistant Secretary of Commerce. BERG, and Ms. STABENOW): * Albert A. Frink, Jr., of California, to be By Mr. REID (for himself and Mr. EN- S. 2729. A bill to encourage students to pur- an Assistant Secretary of Commerce. SIGN): sue graduate education and to assist stu- * Scott Kevin Walker, of Wisconsin, to be a S. 2716. A bill to provide for the acquisition dents in affording graduate education; to the Member of the Advisory Board of the Saint of land for administrative and visitor facili- Committee on Health, Education, Labor, and Lawrence Seaway Development Corporation. ties for Death Valley National Park, and for Pensions. * Enrique J. Sosa, of Florida, to be a Mem- other purposes; to the Committee on Energy By Mr. DURBIN: ber of the Reform Board (Amtrak) for a term and Natural Resources. S. 2730. A bill to amend title V, XVIII, and of five years. By Mr. NELSON of Nebraska (for him- XIX of the Social Security Act to promote Coast Guard nominations beginning Rear self, Mr. CRAIG, and Mr. DOMENICI): cessation of tobacco use under the medicare Adm. (lh) Dale G. Gabel and ending Rear S. 2717. A bill to amend the Safe Drinking program, the medicaid program, and the ma- Adm. (lh) Stephen W. Rochon, which nomi- Water Act to exempt nonprofit small public ternal and child health services block grant nations were received by the Senate and ap- water systems from certain drinking water program; to the Committee on Finance. peared in the CONGRESSIONAL RECORD on standards relating to naturally occurring By Mr. LAUTENBERG (for himself, June 16, 2004. contaminants; to the Committee on Environ- Mr. BIDEN, Mr. KENNEDY, Mr. LEVIN, *Captain Samuel P. DeBow, Jr., NOAA for ment and Public Works. Mr. CORZINE, Mrs. FEINSTEIN, Mr. appointment to the grade of Rear Admiral By Mr. DEWINE (for himself and Mr. FEINGOLD, Mr. KOHL, Mr. DURBIN, and (O–8), while serving in a position of impor- DODD): Mr. SCHUMER): tance and responsibility as Director, NOAA S. 2718. A bill to provide for programs and S. 2731. A bill to amend title 18, United Corps and Director, Office of Marine and activities with respect to the prevention of States Code, to prohibit certain interstate Aviation Operations, National Oceanic and underage drinking; to the Committee on conduct relating to exotic animals; to the Atmospheric Administration, under the pro- Health, Education, Labor, and Pensions. Committee on the Judiciary. visions of Title 33, United States Code, Sec- By Mr. ENZI: By Mr. REID: tion 3028(d)(1). S. 2719. A bill to amend the Occupational S. 2732. A bill to provide grants for use by *Captain Richard R. Behn, NOAA for ap- Safety and Health Act of 1970 to further im- rural local educational agencies in pur- pointment to the grade of Rear Admiral (O– prove the safety and health of working envi- chasing new school buses; to the Committee 7), while serving in a position of importance ronments, and for other purposes; to the on Environment and Public Works. and responsibility as Director, Marine and Committee on Health, Education, Labor, and By Mr. BROWNBACK: Aviation Operations Centers, National Oce- Pensions. S. 2733. A bill to promote freedom, fairness, anic and Atmospheric Administration, under By Mr. LUGAR (for himself, Mr. ALEX- and economic opportunity by establishing a the provisions of Title 33, United States ANDER, Mr. BROWNBACK, Mr. HAGEL, National Enterprise Zone system to promote Code, Section 3028(d)(1). and Mr. LEAHY): prosperity in economically depressed areas; S. 2720. A bill to provide assistance for the to the Committee on Finance. Mr. MCCAIN. Mr. President, for the crisis in Sudan, and for other purposes; to By Mr. CAMPBELL: Committee on Commerce, Science, and the Committee on Foreign Relations. S. 2734. A bill to implement the rec- Transportation I report favorably the By Mr. ALEXANDER (for himself and ommendations of the Inspector General of following nomination lists which were Mr. KENNEDY): the Department of the Interior regarding In- printed in the RECORDS on the dates in- S. 2721. A bill to amend the National As- dian Tribal detention facilities; to the Com- dicated, and ask unanimous consent, to sessment of Educational Progress Authoriza- mittee on Indian Affairs. tion Act to require State academic assess- By Mr. MILLER (for himself and Mr. save the expense of reprinting on the ments of student achievement in United CHAMBLISS): Executive Calendar that these nomina- States history, and for other purposes; to the S. 2735. A bill to require a study and report tions lie at the Secretary’s desk for the Committee on Health, Education, Labor, and regarding the designation of a new interstate information of Senators. Pensions. route from Augusta, Georgia to Natchez,

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Mississippi; to the Committee on Environ- operation, and for other purposes; to the By Mr. KYL (for himself, Mr. HATCH, ment and Public Works. Committee on Banking, Housing, and Urban Mr. CRAIG, Mr. CORNYN, and Mr. SES- By Mr. MILLER (for himself and Mr. Affairs. SIONS): CHAMBLISS): By Mrs. CLINTON: S. 2760. A bill to limit and expedite Federal S. 2736. A bill to require a study and report S. 2748. A bill to prohibit the giving or ac- collateral review of convictions for killing a regarding the designations and construction ceptance of payment for the placement of a public safety officer; to the Committee on of a new interstate route from Savannah, child, or obtaining consent to adoption; to the Judiciary. Georgia to Knoxville, Tennessee; to the Com- the Committee on the Judiciary. By Mr. GRASSLEY (for himself, Mr. mittee on Environment and Public Works. By Mr. SARBANES: BAUCUS, Mr. SMITH, Mr. CONRAD, and By Mr. BINGAMAN: S. 2749. A bill to establish a grant program Mr. DASCHLE): S. 2737. A bill to facilitate the development to provide comprehensive eye examinations S. 2761. A bill to amend the Internal Rev- of science parks, and for other purposes; to to children, and for other purposes ; to the enue Code of 1986 to provide tax relief for the Committee on Finance. Committee on Health, Education, Labor, and farmers, ranchers, and fishermen, and for By Mr. LEAHY (for himself and Mr. Pensions. other purposes; to the Committee on Fi- JEFFORDS): By Mr. SMITH (for himself and Mr. nance. S. 2738. A bill to establish a Commission to WYDEN): By Mr. GRASSLEY (for himself and commemorate the 400th anniversary of the S. 2750. A bill to authorize the Secretary of Mr. COLEMAN): arrival of Samuel de Champlain in the the Interior to assist in the planning, design, S. 2762. A bill to encourage the use of in- Champlain Valley, and for other purposes; to and construction of the Tumalo Irrigation digenous feedstock from the Caribbean Basin the Committee on Energy and Natural Re- District Water Conservation Project in region with respect to ethyl alcohol for fuel use; to the Committee on Finance. sources. Deschutes County, Oregon; to the Committee By Mrs. CLINTON (for herself, Mr. By Mr. BINGAMAN: on Energy and Natural Resources. S. 2739. A bill to improve the training and By Mr. SANTORUM (for himself and GREGG, and Mr. REID): S. 2763. A bill to amend the Atomic Energy retention of health professionals under titles Mr. CORZINE): S. 2751. A bill to encourage savings, pro- Act of 1954 to clarify the treatment of accel- VII and VIII of the Public Health Service erator-produced and other radioactive mate- Act, and for other purposes; to the Com- mote financial literacy, and expand opportu- nities for young adults by establishing KIDS rial as byproduct material; to the Committee mittee on Health, Education, Labor, and on Environment and Public Works. Pensions. Accounts; to the Committee on Finance. By Mr. DODD (for himself, Mr. BEN- By Mr. DASCHLE (for himself and Ms. By Mr. HATCH: S. 2752. A bill to reform Federal budget NETT, Mr. SCHUMER, Mr. HAGEL, Mr. COLLINS): REED, Mr. BUNNING, Mr. CARPER, Mr. S. 2740. A bill to improve dental services in procedures, to impose spending safeguards, CRAPO, Mr. REID, Mrs. DOLE, Mr. NEL- underserved areas by amending the Public to combat waste, fraud, and abuse, to ac- SON of Nebraska, and Mr. CHAFEE): Health Service Act, and for other purposes; count for accurate Government agency costs, and for other purposes; to the Committee on S. 2764. A bill to extend the applicability of to the Committee on Health, Education, the Budget and the Committee on Govern- the Terrorism Risk Insurance Act of 2002; to Labor, and Pensions. mental Affairs, jointly, pursuant to the the Committee on Banking, Housing, and By Mr. DASCHLE: order of August 4, 1977, with instructions Urban Affairs. S. 2741. A bill to amend the Public Health By Ms. SNOWE (for herself, Mr. VOINO- Service Act to reauthorize and extend the that if one Committee reports, the other Committee have thirty days to report or be VICH, and Mrs. DOLE): Fetal Alcohol Syndrome prevention and discharged. S. 2765. A bill to amend the Exchange services program, and for other purposes; to By Mr. SMITH: Rates and International Economic Policy the Committee on Health, Education, Labor, S. 2753. A bill to authorize the Secretary of Coordination Act of 1988 to clarify the condi- and Pensions. Housing and Urban Development to insure tions under which the Secretary should enter By Mr. HATCH (for himself and Mr. zero-downpayment mortgages; to the Com- into negotiations to correct currency manip- LEAHY): mittee on Banking, Housing, and Urban Af- ulations by other countries; to the Com- S. 2742. A bill to extend certain authority fairs. mittee on Banking, Housing, and Urban Af- of the Supreme Court Police, modify the By Mr. DASCHLE (for himself, Mr. fairs. venue of prosecutions relating to the Su- By Mr. SPECTER: REED, Mrs. MURRAY, Mr. JOHNSON, preme Court building and grounds, and au- S. 2766. A bill to amend part D of title Ms. MIKULSKI, Ms. CANTWELL, Ms. thorize the acceptance of gifts to the United XVIII of the Social Security Act to authorize STABENOW, and Mr. LEAHY): the Secretary of Health and Human Services States Supreme Court; to the Committee on S. 2754. A bill to amend the Social Security to negotiate for lower prices for medicare the Judiciary. Act to protect social security cost-of-living prescription drugs and to eliminate the gap By Mr. FITZGERALD (for himself, Ms. adjustments (COLA); to the Committee on in coverage of medicare prescription drug CANTWELL, Mr. HOLLINGS, Mrs. FEIN- Finance. benefits, to reduce medical errors and in- STEIN, and Mr. SESSIONS): By Mr. DODD: crease the use of medical technology, to in- S. 2743. A bill to amend title 38, United S. 2755. A bill to amend the Consumer crease services in primary and preventive States Code, to provide that only licensed Credit Protection Act to ban abusive credit care by non-physician providers, and for medical doctors, licensed doctors of osteop- practices, enhance consumer disclosures, other purposes; to the Committee on Fi- athy, and certain licensed dentists may per- protect underage consumers, and for other nance. form eye surgery at Department of Veterans purposes; to the Committee on Banking, Affairs facilities or under contract with the By Mr. SPECTER: Housing, and Urban Affairs. S. 2767. A bill to provide an economic stim- Department; to the Committee on Veterans’ By Mr. ALLARD (for himself and Mr. Affairs. ulus; to the Committee on Finance. HAGEL): By Ms. MURKOWSKI: By Mr. SUNUNU (for himself, Mr. REID, S. 2756. A bill to extend a certain high pri- S. 2768. A bill to provide competitive status Mrs. DOLE, and Mr. HARKIN): ority corridor in the States of Colorado, Ne- to certain Federal employees in the State of S. 2744. A bill to authorize the minting and braska, South Dakota, and Wyoming; to the Alaska; to the Committee on Energy and issuance of a Presidential $1 coin series; to Committee on Environment and Public Natural Resources. the Committee on Banking, Housing, and Works. By Mr. DASCHLE (for himself, Mr. Urban Affairs. By Mr. FITZGERALD: LUGAR, Mr. HAGEL, and Mr. NELSON By Mr. CAMPBELL: S. 2757. A bill to provide for certain finan- of Nebraska): S. 2745. A bill to amend the Colorado Can- cial reporting requirements to apply to the S. 2769. A bill to provide that imported eth- yons National Conservation Area and Black judicial branch of the Federal Government, anol shall not count toward satisfaction of Ridge Canyons Wilderness Act of 2000 to re- and for other purposes; to the Committee on any renewable fuel standard that may be en- name the Colorado Canyons National Con- the Judiciary. acted; to the Committee on Environment servation Area as the McInnis Canyons Na- By Mr. FITZGERALD: and Public Works. tional Conservation Area; to the Committee S. 2758. A bill to provide for certain finan- By Mr. DASCHLE: on Energy and Natural Resources. cial reporting requirements to apply to the S. 2770. A bill to establish a National Com- By Mr. ALLARD: legislative branch of the Federal Govern- mission on American Indian Trust Holdings; S. 2746. A bill to provide for the termi- ment, and for other purposes; to the Com- to the Committee on Indian Affairs. nation of the current contract for the oper- mittee on Rules and Administration. By Mr. FRIST (for himself and Mr. ation of Los Alamos National Laboratory, By Mr. ROCKEFELLER (for himself, KENNEDY): New Mexico, and for other purposes; to the Mr. CHAFEE, Mr. KENNEDY, and Ms. S. 2771. A bill to amend the Public Health Committee on Armed Services . SNOWE): Service Act to improve the quality of care By Mr. LIEBERMAN: S. 2759. A bill to amend title XXI of the So- for cancer, and for other purposes; to the S. 2747. A bill to establish a Commission on cial Security Act to modify the rules relat- Committee on Health, Education, Labor, and the Future of the United States Economy to ing to the availability and method of redis- Pensions. make recommendations on public policy and tribution of unexpended SCHIP allotments, By Mr. INHOFE: the reorganization of the Federal Govern- and for other purposes; to the Committee on S. 2772. A bill to promote the development ment to promote efficiency and economy of Finance. of the emerging commercial human space

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8689 flight industry, to extend the liability in- By Mr. FITZGERALD (for himself, Mr. gain, obesity, or any health condition demnification regime for the commercial LIEBERMAN, and Mr. SARBANES): related to weight gain or obesity. space transportation industry, to authorize S. Con. Res. 134. A concurrent resolution S. 1735 appropriations for the Office of the Associate expressing the sense of the Congress that the Administrator for Commercial Space Trans- Parthenon Marbles should be returned to At the request of Mrs. FEINSTEIN, the portation, and for other purposes; to the Greece; to the Committee on Foreign Rela- name of the Senator from California Committee on Commerce, Science, and tions. (Mrs. BOXER) was added as a cosponsor Transportation. By Mr. FRIST (for himself and Mr. of S. 1735, a bill to increase and en- f DASCHLE): hance law enforcement resources com- S. Con. Res. 135. A concurrent resolution mitted to investigation and prosecu- SUBMISSION OF CONCURRENT AND authorizing the printing of a commemora- SENATE RESOLUTIONS tion of violent gangs, to deter and pun- tive document in memory of the late Presi- ish violent gang crime, to protect law The following concurrent resolutions dent of the United States, Ronald Wilson Reagan; considered and agreed to. abiding citizens and communities from and Senate resolutions were read, and violent criminals, to revise and en- referred (or acted upon), as indicated: f hance criminal penalties for violent By Mr. FRIST (for himself and Mr. ADDITIONAL COSPONSORS crimes, to reform and facilitate pros- DASCHLE): ecution of juvenile gang members who S. Res. 415. A resolution to authorize the S. 540 commit violent crimes, to expand and production of records by the Permanent Sub- At the request of Mr. INHOFE, the committee on Investigations of the Com- names of the Senator from Rhode Is- improve gang prevention programs, and for other purposes. mittee on Governmental Affairs; considered land (Mr. CHAFEE), the Senator from and agreed to. Montana (Mr. BAUCUS) and the Senator S. 1890 By Mrs. FEINSTEIN (for herself and At the request of Mr. ENZI, the names Mrs. BOXER): from North Dakota (Mr. DORGAN) were S. Res. 416. A resolution congratulating the added as cosponsors of S. 540, a bill to of the Senator from Utah (Mr. HATCH) California State University, Fullerton base- authorize the presentation of gold med- and the Senator from Michigan (Ms. ball team on winning the 2004 College World als on behalf of Congress to Native STABENOW) were added as cosponsors of Series; considered and agreed to. Americans who served as Code Talkers S. 1890, a bill to require the mandatory By Mrs. FEINSTEIN (for herself and during foreign conflicts in which the expensing of stock options granted to Mrs. BOXER): United States was involved during the executive officers, and for other pur- S. Res. 417. A resolution congratulating the poses. University of California at Los Angeles wom- 20th Century in recognition of the serv- en’s softball team on winning the 2004 Na- ice of those Native Americans to the S. 2138 tional Collegiate Athletic Association Cham- United States. At the request of Mr. GRAHAM of pionship; considered and agreed to. South Carolina, the name of the Sen- S. 560 By Mr. SESSIONS (for himself, Mr. ator from Connecticut (Mr. DODD) was At the request of Mr. CRAIG, the REID, Mr. ALLEN, Mr. BAYH, Mr. added as a cosponsor of S. 2138, a bill to name of the Senator from South Da- BROWNBACK, Mr. BUNNING, Mr. BURNS, protect the rights of American con- kota (Mr. DASCHLE) was added as a co- Mr. CAMPBELL, Mr. CORZINE, Mr. sumers to diagnose, service, and repair CRAPO, Mr. DAYTON, Mr. DODD, Mr. sponsor of S. 560, a bill to impose tariff- motor vehicles purchased in the United FEINGOLD, Mr. GRASSLEY, Mr. INOUYE, rate quotas on certain casein and milk States, and for other purposes. Mr. JOHNSON, Mr. KOHL, Mr. LAUTEN- protein concentrates. BERG, Mr. LIEBERMAN, Mr. MILLER, S. 2174 S. 977 Mr. NELSON of Florida, Mr. SAR- At the request of Mr. BUNNING, the BANES, Mr. SHELBY, and Mr. WYDEN): At the request of Mr. FITZGERALD, name of the Senator from Maine (Ms. S. Res. 418. A resolution designating Sep- the name of the Senator from Wash- SNOWE) was added as a cosponsor of S. tember 2004 as ‘‘National Prostate Cancer ington (Mrs. MURRAY) was added as a Awareness Month’’; considered and agreed 2174, a bill to amend title XIX of the cosponsor of S. 977, a bill to amend the Social Security Act to include podia- to. Public Health Service Act, the Em- By Mr. CORNYN: trists as physicians for purposes of cov- S. Res. 419. A resolution expressing the ployee Retirement Income Security ering physicians services under the sense of the Senate with respect to the con- Act of 1974, and the Internal Revenue medicaid program. tinuity of Government and the smooth tran- Code of 1986 to require that group and S. 2268 sition of executive power; to the Committee individual health insurance coverage At the request of Mr. BUNNING, the on Rules and Administration. and group health plans provide cov- name of the Senator from Nevada (Mr. By Mr. SCHUMER (for himself and Ms. erage from treatment of a minor ENSIGN) was added as a cosponsor of S. COLLINS): child’s congenital or developmental de- S. Con. Res. 131. A concurrent resolution 2268, a bill to provide for recruiting, formity or disorder due to trauma, in- calling on the Government of Saudi Arabia training, and deputizing persons for the fection, tumor, or disease. to cease supporting religious ideologies that Federal flight deck officer program. promote hatred, intolerance, violence, and S. 1142 S. 2271 other abuses of internationally recognized At the request of Mr. BINGAMAN, the At the request of Mr. DURBIN, the human rights and urging the Government of name of the Senator from Hawaii (Mr. the United States to promote religious free- name of the Senator from Iowa (Mr. dom in Saudi Arabia; to the Committee on INOUYE) was added as a cosponsor of S. HARKIN) was added as a cosponsor of S. Foreign Relations. 1142, a bill to provide disadvantaged 2271, a bill to establish national stand- By Mr. LAUTENBERG (for himself, children with access to dental services. ards for discharges from cruise vessels Mr. CORZINE, Mr. SCHUMER, and Mrs. S. 1414 into the waters of the United States, CLINTON): At the request of Mr. HATCH, the S. Con. Res. 132. A concurrent resolution and for other purposes. affirming the support of Congress for pre- name of the Senator from Kansas (Mr. S. 2275 serving the image of Alexander Hamilton on BROWNBACK) was added as a cosponsor At the request of Mr. BAUCUS, his the face of $10 Federal reserve notes because of S. 1414, a bill to restore second name was added as a cosponsor of S. of his standing as one of the United States’ amendment rights in the District of 2275, a bill to amend the Homeland Se- most influential founding fathers; to the Columbia. curity Act of 2002 (6 U.S.C. 101 et seq.) Committee on Banking, Housing, and Urban S. 1428 to provide for homeland security as- Affairs. By Mr. BROWNBACK (for himself, Mr. At the request of Mr. MCCONNELL, sistance for high-risk nonprofit organi- CORZINE, Mr. KOHL, Ms. LANDRIEU, the name of the Senator from Arkansas zations, and for other purposes. Mr. JOHNSON, Mr. LEVIN, Mr. DURBIN, (Mrs. LINCOLN) was added as a cospon- S. 2299 Mr. FEINGOLD, Mr. LAUTENBERG, Ms. sor of S. 1428, a bill to prohibit civil li- At the request of Mr. DURBIN, the MIKULSKI, Mrs. DOLE, Mrs. BOXER, ability actions from being brought or name of the Senator from North Da- Mr. LIEBERMAN, Mr. ENZI, Mr. LEAHY, continued against food manufacturers, kota (Mr. CONRAD) was added as a co- Mr. BYRD, Mr. FITZGERALD, and Mr. marketers, distributors, advertisers, sponsor of S. 2299, a bill to strengthen SMITH): S. Con. Res. 133. A concurrent resolution sellers, and trade associations for dam- the national security by encouraging declaring genocide in Darfur, Sudan; consid- ages or injunctive relief for claims of and assisting in the expansion and im- ered and agreed to. injury resulting from a person’s weight provement of educational programs to

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At the request of Ms. COLLINS, the mission and the prohibition against the 2327, a bill to amend title 38, United name of the Senator from Ohio (Mr. making of disbursements for election- States Code, to clarify that per diem VOINOVICH) was added as a cosponsor of eering communications by corpora- payments by the Department of Vet- S. 2657, a bill to amend part III of title tions and labor organizations, and for erans Affairs for the care of veterans in 5, United States Code, to provide for other purposes. State homes shall not be used to offset the establishment of programs under S. 2705 or reduce other payments made to as- which supplemental dental and vision At the request of Mr. DEWINE, the sist veterans. benefits are made available to Federal names of the Senator from Pennsyl- S. 2353 employees, retirees, and their depend- vania (Mr. SPECTER) and the Senator from Illinois (Mr. DURBIN) were added At the request of Mr. CRAIG, the ents, to expand the contracting author- name of the Senator from Maine (Ms. ity of the Office of Personnel Manage- as cosponsors of S. 2705, a bill to pro- vide assistance to Sudan, and for other SNOWE) was added as a cosponsor of S. ment, and for other purposes. purposes. 2353, a bill to reauthorize and amend S. 2659 At the request of Mr. BIDEN, the the National Geologic Mapping Act of At the request of Ms. COLLINS, the names of the Senator from Connecticut 1992. name of the Senator from Vermont (Mr. DODD) and the Senator from Wis- S. 2422 (Mr. LEAHY) was added as a cosponsor consin (Mr. FEINGOLD) were added as At the request of Mr. SMITH, the of S. 2659, a bill to extend the tem- cosponsors of S. 2705, supra. porary increase in payments under the names of the Senator from Rhode Is- S. 2710 medicare program for home health land (Mr. CHAFEE) and the Senator At the request of Mr. GREGG, the from Pennsylvania (Mr. SANTORUM) services furnished in a rural area. name of the Senator from Kentucky were added as cosponsors of S. 2422, a S. 2671 (Mr. BUNNING) was added as a cosponsor bill to amend the Internal Revenue At the request of Mr. ROCKEFELLER, of S. 2710, a bill to amend the Public Code of 1986 to allow certain modifica- the names of the Senator from Cali- Health Service Act to improve the tions to be made to qualified mort- fornia (Mrs. BOXER) and the Senator quality and efficiency of health care gages held by a REMIC or a grantor from New York (Mr. SCHUMER) were delivery through improvements in trust. added as cosponsors of S. 2671, a bill to health care information technology, S. 2425 extend temporary State fiscal relief, and for other purposes. At the request of Mr. BYRD, the name and for other purposes. S. CON. RES. 8 of the Senator from California (Mrs. S. 2679 At the request of Ms. COLLINS, the FEINSTEIN) was added as a cosponsor of At the request of Mr. KYL, the name names of the Senator from California S. 2425, a bill to amend the Tariff Act of the Senator from Ohio (Mr. DEWINE) (Mrs. FEINSTEIN) and the Senator from of 1930 to allow for improved adminis- was added as a cosponsor of S. 2679, a Vermont (Mr. LEAHY) were added as co- tration of new shipper administrative bill to strengthen anti-terrorism inves- sponsors of S. Con. Res. 8, a concurrent reviews. tigative tools, promote information resolution designating the second week S. 2436 sharing, punish terrorist offenses, and in May each year as ‘‘National Visiting At the request of Mr. INOUYE, the for other purposes. Nurse Association Week’’. name of the Senator from South Da- S. 2687 S. CON. RES. 106 kota (Mr. DASCHLE) was added as a co- At the request of Mr. HARKIN, the At the request of Mr. CAMPBELL, the sponsor of S. 2436, a bill to reauthorize name of the Senator from Massachu- names of the Senator from Mississippi the Native American Programs Act of setts (Mr. KENNEDY) was added as a co- (Mr. LOTT) and the Senator from New 1974. sponsor of S. 2687, a bill to provide cov- York (Mr. SCHUMER) were added as co- S. 2468 erage under the Railway Labor Act to sponsors of S. Con. Res. 106, a concur- At the request of Ms. COLLINS, the employees of certain air and surface rent resolution urging the Government name of the Senator from New Mexico transportation entities. of Ukraine to ensure a democratic, transparent, and fair election process (Mr. BINGAMAN) was added as a cospon- S. 2692 for the presidential election on October sor of S. 2468, a bill to reform the post- At the request of Mr. JEFFORDS, the 31, 2004. al laws of the United States. name of the Senator from Rhode Island S. CON. RES. 113 S. 2500 (Mr. CHAFEE) was added as a cosponsor At the request of Mr. SMITH, the At the request of Mr. LUGAR, the of S. 2692, a bill to authorize the Sec- name of the Senator from Nevada (Mr. name of the Senator from Minnesota retary of the Department of Housing REID) was added as a cosponsor of S. and Urban Development to make (Mr. COLEMAN) was added as a cospon- Con. Res. 113, a concurrent resolution grants to States for affordable housing sor of S. 2500, a bill to amend the For- recognizing the importance of early di- for low-income persons, and for other eign Assistance Act of 1961 to provide agnosis, proper treatment, and en- assistance for orphans and other vul- purposes. hanced public awareness of Tourette nerable children in developing coun- S. 2701 Syndrome and supporting the goals and tries, and for other purposes. At the request of Mr. LIEBERMAN, the ideals of National Tourette Syndrome S. 2526 name of the Senator from Nevada (Mr. Awareness Month. At the request of Mr. BOND, the name REID) was added as a cosponsor of S. S. CON. RES. 119 of the Senator from New York (Mrs. 2701, a bill to provide incentives for the At the request of Mr. CAMPBELL, the CLINTON) was added as a cosponsor of S. sharing of homeland security informa- name of the Senator from Kentucky 2526, a bill to reauthorize the Chil- tion, promote the development of an (Mr. BUNNING) was added as a cosponsor dren’s Hospitals Graduate Medical Edu- information sharing network, provide of S. Con. Res. 119, a concurrent resolu- cation Program. grants and other support to achieve tion recognizing that prevention of sui- S. 2566 communications interoperability, and cide is a compelling national priority. At the request of Mr. BINGAMAN, the establish an Office of Information S. CON. RES. 124 name of the Senator from Arkansas Sharing, and for other purposes. At the request of Mr. BROWNBACK, the (Mrs. LINCOLN) was added as a cospon- S. 2702 names of the Senator from Maine (Ms. sor of S. 2566, a bill to amend title II of At the request of Mr. CHAMBLISS, the COLLINS) and the Senator from Indiana the social Security Act to phase out name of the Senator from Texas (Mr. (Mr. LUGAR) were added as cosponsors the 24-month waiting period for dis- CORNYN) was added as a cosponsor of S. of S. Con. Res. 124, a concurrent resolu- abled individuals to become eligible for 2702, a bill to amend the Federal Elec- tion declaring genocide in Darfur, medicare benefits, to eliminate the tion Campaign Act of 1971 to repeal the Sudan.

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8691 At the request of Mr. BAUCUS, his member states of the United Nations visitor facilities for Death Valley Na- name was added as a cosponsor of S. from supporting resolutions that un- tional Park, and for other purposes; to Con. Res. 124, supra. fairly castigate Israel and to promote the Committee on Energy and Natural At the request of Mrs. CLINTON, her within the United Nations General As- Resources. name was added as a cosponsor of S. sembly more balanced and constructive Mr. REID. Mr. President, I rise today Con. Res. 124, supra. approaches to resolving conflict in the to introduce the Death Valley National At the request of Mr. CORZINE, the Middle East. Park Administrative and Visitor Fa- names of the Senator from Vermont At the request of Mr. COLEMAN, the cilities Act of 2004. (Mr. JEFFORDS), the Senator from Flor- name of the Senator from Oregon (Mr. This is a simple common sense bill. It ida (Mr. GRAHAM) and the Senator from SMITH) was added as a cosponsor of S. allows the Death Valley National Park Florida (Mr. NELSON) were added as co- Res. 271, supra. to accept a donation of about 15 acres sponsors of S. Con. Res. 124, supra. S. RES. 398 of land and buildings near Beatty, NV. S. CON. RES. 126 At the request of Mr. LUGAR, the This small parcel of land and the buildings on it will be used by the park At the request of Mr. COLEMAN, the names of the Senator from California names of the Senator from Oregon (Mr. (Mrs. FEINSTEIN) and the Senator from as a maintenance and administrative station. These facilities are needed to SMITH) and the Senator from Delaware Ohio (Mr. DEWINE) were added as co- consolidate and improve maintenance (Mr. BIDEN) were added as cosponsors sponsors of S. Res. 398, a resolution ex- operations and other administrative of S. Con. Res. 126, a concurrent resolu- pressing the sense of the Senate on pro- functions of the park. tion condemning the attack on the moting initiatives to develop an HIV vaccine. The station would be donated by the AMIA Jewish Community Center in Barrick Gold Corporation to the Park S. RES. 408 Buenos Aires, Argentina, in July 1994, Service at no cost and is superior to and expressing the concern of the At the request of Mr. SCHUMER, the name of the Senator from New Jersey the Park Service’s current facilities in United States regarding the con- the area. This is an easy way for us to (Mr. LAUTENBERG) was added as a co- tinuing, decade-long delay in the reso- improve maintenance and administra- sponsor of S. Res. 408, a resolution sup- lution of this case. tive functions at Death Valley Na- porting the construction by Israel of a S. CON. RES. 127 tional park at absolutely no cost to the security fence to prevent Palestinian At the request of Mr. SCHUMER, the government. This legislation has long terrorist attacks, condemning the deci- names of the Senator from Maine (Ms. been advocated by Nye County and sion of the International Court of Jus- SNOWE), the Senator from Illinois (Mr. would benefit the nearby community of tice on the legality of the security DURBIN), the Senator from Vermont Beatty, NV. (Mr. JEFFORDS) and the Senator from fence, and urging no further action by The current owners have already New Jersey (Mr. LAUTENBERG) were the United Nations to delay or prevent completed a Phase One Environmental added as cosponsors of S. Con. Res. 127, the construction of the security fence. Assessment that concluded there were At the request of Mr. SMITH, the a concurrent resolution expressing the no ‘‘hazardous substances’’ or ‘‘pollut- sense of Congress that the President names of the Senator from Mississippi ant or contaminants’’ associated with should designate September 11 as a na- (Mr. LOTT), the Senator from Indiana the land parcels or the structures. We tional day of voluntary service, char- (Mr. BAYH), the Senator from Nevada should take advantage of this oppor- ity, and compassion. (Mr. ENSIGN), the Senator from Ohio tunity to improve park operations (Mr. VOINOVICH), the Senator from S. CON. RES. 128 while we can. Maine (Ms. SNOWE) and the Senator At the request of Mr. CHAMBLISS, the I urge my colleagues to support this from Arizona (Mr. KYL) were added as name of the Senator from Virginia (Mr. legislation as an easy, efficient way to cosponsors of S. Res. 408, supra. ALLEN) was added as a cosponsor of S. improve one of America’s great na- At the request of Mr. REID, his name Con. Res. 128, a concurrent resolution tional parks. was added as a cosponsor of S. Res. 408, I ask unanimous consent that the expressing the sense of Congress re- supra. garding the importance of life insur- text of the bill be printed in the S. RES. 409 ance, and recognizing and supporting RECORD. At the request of Mr. BAYH, the There being no objection, the bill was National Life Insurance Awareness names of the Senator from Idaho (Mr. Month. ordered to be printed in the RECORD, as CRAIG) and the Senator from Illinois follows: S. CON. RES. 130 (Mr. DURBIN) were added as cosponsors S. 2716 At the request of Mr. FRIST, his name of S. Res. 409, a resolution encouraging Be it enacted by the Senate and House of Rep- and the names of the Senator from increased involvement in service ac- resentatives of the United States of America in Iowa (Mr. GRASSLEY), the Senator from tivities to assist senior citizens. Congress assembled, Alabama (Mr. SESSIONS) and the Sen- AMENDMENT NO. 3568 SECTION 1. SHORT TITLE. ator from Texas (Mr. CORNYN) were At the request of Mr. GREGG, the This Act may be cited as the ‘‘Death Val- added as cosponsors of S. Con. Res. 130, name of the Senator from Massachu- ley National Park Administrative and Vis- itor Facilities Act of 2004’’. a concurrent resolution expressing the setts (Mr. KENNEDY) was added as a co- sense of Congress that the Supreme SEC. 2. DEFINITIONS. sponsor of amendment No. 3568 pro- In this Act: Court of the United States should act posed to H.R. 4226, a bill to amend title expeditiously to resolve the confusion (1) PARK.—The term ‘‘Park’’ means the 49, United States Code, to make certain Death Valley National Park. and inconsistency in the Federal crimi- conforming changes to provisions gov- (2) SECRETARY.—The term ‘‘Secretary’’ nal justice system caused by its deci- erning the registration of aircraft and means the Secretary of the Interior. sion in Blakely v. Washington, and for the recordation of instruments in order SEC. 3. DEATH VALLEY NATIONAL PARK ADMIN- other purposes. to implement the Convention on Inter- ISTRATIVE AND VISITOR FACILITIES. At the request of Mr. HATCH, the national Interests in Mobile Equipment (a) IN GENERAL.—Subject to subsection (c), the Secretary may acquire by donation all names of the Senator from South Caro- and the Protocol to the Convention on lina (Mr. GRAHAM) and the Senator right, title, and interest in and to the parcel International Interests in Mobile of land (including improvements to the land) from Georgia (Mr. CHAMBLISS) were Equipment on Matters Specific to Air- described in subsection (b) for inclusion in added as cosponsors of S. Con. Res. 130, craft Equipment, known as the ‘‘Cape the Park. supra. Town Treaty’’. (b) DESCRIPTION OF LAND.—The land re- S. RES. 271 ferred to in subsection (a) is the parcel of f At the request of Mr. CORZINE, the land in Nye County, Nevada— names of the Senator from Indiana STATEMENTS ON INTRODUCED (1) consisting of not more than 15 acres; (2) comprising a portion of Tract 37 located (Mr. BAYH) and the Senator from Wis- BILLS AND JOINT RESOLUTIONS north of the center line of Nevada State consin (Mr. FEINGOLD) were added as By Mr. REID (for himself and Mr. Highway 374; and cosponsors of S. Res. 271, a resolution ENSIGN): (3) located in the E1⁄2NW1⁄4, NW1⁄4NE1⁄4 sec. urging the President of the United S. 2716. A bill to provide for the ac- 22, T. 12 S., R. 46 E., Mount Diablo Base and States diplomatic corps to dissuade quisition of land for administrative and Meridian.

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8692 CONGRESSIONAL RECORD — SENATE July 22, 2004 (c) CONDITIONS.—Before accepting a dona- also reported that 95 percent of 12th the types and brands of alcohol that tion of land under subsection (a), the Sec- graders perceive alcohol as readily kids use and the short-term and long- retary shall obtain a phase I environmental available to them. Tragically, most term impacts of underage drinking assessment prepared by an independent children and young adults that drink upon adolescent brain development. party that— (1) evaluates the condition of the land (in- underage obtain the alcohol from their Again, I thank Senator DODD for cluding any structures on the land); and parents or another adult. working with me on this issue here in (2) determines that the land or structure, These statistics are frightening. Too the Senate, and I look forward to con- or a portion of the land or structure, is not many American kids are drinking regu- tinuing to work with my colleagues in contaminated with— larly, and they are drinking in quan- the House and Senate to pass this very (A) hazardous substances, pollutants, or tities that can be of great, long-term important bill. contaminants, as defined in section 101 of the harm to themselves. Again I ask—how I ask unanimous consent that the Comprehensive Environmental Response, did we get here? As a Nation, we clear- text of the bill be printed in the Compensation, and Liability Act of 1980 (42 ly haven’t done enough to address this RECORD. U.S.C. 9601); or (B) any petroleum substance, fraction, or problem. We haven’t done enough to There being no objection, the bill was derivative. acknowledge how prevalent and wide- ordered to be printed in the RECORD, as (d) BOUNDARY REVISION.—On acquisition of spread teenage drinking is in this coun- follows: the land under subsection (a), the Secretary try. We haven’t done enough to let par- S. 2718 shall revise the boundary of the Park to re- ents know that they, too, are a part of Be it enacted by the Senate and House of Rep- flect the acquisition. this problem and can be a part of the resentatives of the United States of America in (e) ADMINISTRATION.—Any land acquired solution. Congress assembled, under subsection (a) shall be administered by We talk about drugs and the dangers SECTION 1. SHORT TITLE; TABLE OF CONTENTS. the Secretary as part of the Park. of drug use, as we should, but the re- (a) SHORT TITLE.—This Act may be cited as (f) USE OF LAND.—The parcel of land ac- the ‘‘Sober Truth on Preventing Underage quired under subsection (a) shall be used by ality is that we, as a society, have be- come complacent about the problem of Drinking Act’’, or the ‘‘STOP Underage the Secretary for the development, oper- Drinking Act’’. ation, and maintenance of administrative underage drinking. This has to change. (b) TABLE OF CONTENTS.—The table of con- and visitor facilities for the Park. The culture has to change. tents for this Act is as follows: The Sober Truth on Preventing Un- Sec. 1. Short title; table of contents By Mr. DEWINE (for himself and derage Drinking Act, or STOP Under- Sec. 2. Findings Mr. DODD): age Drinking Act, has four major areas Sec. 3. Definitions S. 2718. A bill to provide for programs of Policy development: First, there is a TITLE I—SENSE OF CONGRESS and activities with respect to the pre- Federal coordination and reporting Sec. 101. Sense of Congress vention of underage drinking; to the provision. This title would create an TITLE II—INTERAGENCY COORDINATING Committee on Health, Education, Interagency Coordinating Committee COMMITTEE; ANNUAL REPORT CARD Labor, and Pensions. to coordinate the efforts and expertise Sec. 201. Establishment of interagency co- Mr. DEWINE. Mr. President, I rise of various Federal agencies to combat ordinating committee to pre- today, along with my good friend and underage drinking. It would be chaired vent underage drinking colleague Senator DODD, to introduce by the Secretary of Health and Human Sec. 202. Annual report card the Sober Truth on Preventing Under- Services and would include other agen- Sec. 203. Authorization of appropriations age Drinking Act—also known as the cies and departments, such as the De- TITLE III—NATIONAL MEDIA CAMPAIGN STOP Underage Drinking Act. I thank partment of Education, the Office of Sec. 301. National media campaign to pre- Senator DODD for his commitment to Juvenile Justice and Delinquency Pre- vent underage drinking this issue, as well as our colleagues on vention, and the Federal Trade Com- TITLE IV—INTERVENTIONS the House side—Representatives ROY- mission. This title also would mandate Sec. 401. Community-based coalition en- BAL-ALLARD, WOLF, OSBORNE, an annual report to Congress from the hancement grants to prevent underage drinking DELAURO, and WAMP for working so Interagency Committee on their efforts diligently with us over the past few Sec. 402. Grants directed at reducing higher- to combat underage drinking, as well education alcohol abuse months on this bill. It is a good bill— as an annual report card on State ef- TITLE V—ADDITIONAL RESEARCH a carefully crafted, bipartisan, bi- forts to combat the problem. Two mil- cameral piece of legislation. Sec. 501. Additional research on underage lion dollars, annually, would be appro- drinking As we discussed at the HELP Sub- priated under this section. Sec. 502. Authorization of appropriations committee hearing I chaired in Sep- Second, the bill contains an author- SEC. 2. FINDINGS. tember on underage drinking, it is well ization for the a national media cam- The Congress finds as follows: known that underage drinking is a sig- paign against underage drinking. This (1) Drinking alcohol under the age of 21 is nificant problem for youth in this title would provide $1 million annually illegal in each of the 50 States and the Dis- country. We’ve known that for a very to authorize a national media cam- trict of Columbia. Enforcement of current long time. paign for which the Ad Council re- laws and regulations in States and commu- We know that underage drinking ceived $800,000 last year to begin imple- nities, such as minimum age drinking laws, often contributes to the four leading zero tolerance laws, and laws and regulations mentation. It would continue funding which restrict availability of alcohol, must causes of deaths among 15 to 20 year for fiscal years 2005 and 2006. supplement other efforts to reduce underage olds—that 69 percent of youths who Third, the bill would support new drinking. died in alcohol-related traffic fatalities intervention programs to prevent un- (2) Data collected annually by the Depart- in the year 2000 involved young drink- derage drinking. This section of the ment of Health and Human Services shows ing drivers—that in 1999, nearly 40 per- bill would provide $5 million for en- that alcohol is the most heavily used drug by cent of people under the age of 21 who hancement grants to the Drug Free children in the United States, and that— were victims of drownings, burns, and Communities program to be directed at (A) more youths consume alcoholic bev- falls tested positive for alcohol. erages than use tobacco products or illegal the problem of underage drinking. This drugs; We’ve known that alcohol has been title also would create a new program (B) by the end of the eighth grade, 45.6 per- reported to be involved in 36 percent of which would provide competitive cent of children have engaged in alcohol use, homicides, 12 percent of male suicides, grants to States, non-profit entities, and by the end of high school, 76.6 percent and 8 percent of female suicides involv- and institutions of higher education to have done so; and ing people under 21. create State-wide coalitions to prevent (C) the annual societal cost of underage How did we get here, how did our Na- underage drinking. This program would drinking is estimated at $53 to $58 billion. tion reach this point—a point where be funded at $5 million. (3) Data collected by the Department of today, 12 percent of eighth graders—13 Finally, our bill contains a section Health and Human Services and the Depart- ment of Transportation indicate that alcohol and 14 year olds—binge drink? Add to devoted to research. This title would use by youth has many negative con- that, the 22 percent of tenth graders— provide $6 million for increased Federal sequences, such as immediate risk from 15 and 16 year olds—who binge drink. research and data collection on under- acute impairment; traffic fatalities; vio- The National Institute of Drug Abuse age drinking, including reporting on lence; suicide; and unprotected sex.

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8693 (4) Research confirms that the harm ducers spent a total of $58 million to place (1) A multi-faceted effort is needed to more caused by underage drinking lasts beyond 6,251 commercials in college sports pro- successfully address the problem of underage the underage years. Compared to persons grams, and spent $27.7 million advertising drinking in the United States. A coordinated who wait until age 21 or older to start drink- during the NCAA men’s basketball tour- approach to prevention, intervention, treat- ing, those who start to drink before age 14 nament, which had as many alcohol ads (939) ment, and research is key to making are, as adults, four times more likely to be- as the Super Bowl, World Series, College progress. This Act recognizes the need for a come alcohol dependent; seven times more Bowl Games and the National Football focused national effort, and addresses par- likely to be in a motor vehicle crash because League’s Monday Night Football broadcasts ticulars of the Federal portion of that effort. of drinking; and more likely to suffer mental combined (925). (2) States and communities, including col- and physical damage from alcohol abuse. (17) The IOM report recommended that col- leges and universities, are encouraged to (5) Alcohol abuse creates long-term risk leges and universities ban alcohol adver- adopt comprehensive prevention approaches, developmentally and is associated with nega- tising and promotion on campus in order to including— tive physical impacts on the brain. demonstrate their commitment to discour- (A) evidence-based screening, programs (6) Research indicates that adults greatly aging alcohol use among underage students. and curricula; underestimate the extent of alcohol use by (18) According to the Government Account- (B) brief intervention strategies; youths, its negative consequences, and its ability Office (‘‘GAO’’), the Federal Govern- (C) consistent policy enforcement; and use by their own children. The IOM report ment spends $1.8 billion annually to combat (D) environmental changes that limit un- concluded that underage drinking cannot be youth drug use and $71 million to prevent un- derage access to alcohol. successfully addressed by focusing on youth derage alcohol use. (3) Public health and consumer groups alone. Ultimately, adults are responsible for (19) The GAO concluded that there is a have played an important role in drawing young people obtaining alcohol by selling, lack of reporting about how these funds are the Nation’s attention to the health crisis of providing, or otherwise making it available specifically expended, inadequate collabora- underage drinking. Working at the Federal, to them. Parents are the most important tion among the agencies, and no central co- State, and community levels, and motivated channel of influence on their children’s un- ordinating group or office to oversee how the by grass-roots support, they have initiated derage drinking, according to the IOM re- funds are expended or to determine the effec- effective prevention programs that have port, which also recommends a national tiveness of these efforts. made significant progress in the battle adult-oriented media campaign. (20) There are at least three major, annual, against underage drinking. (7) Research shows that public service government funded national surveys in the (4) The alcohol beverage industry has de- health messages, in combination with com- United States that include underage drink- veloped and paid for national education and munity-based efforts, can reduce health- ing data: the National Household Survey on awareness messages on illegal underage damaging behavior. The Department of Drug Use and Health, Monitoring the Future, drinking directed to parents as well as con- Health and Human Services and the Ad and the Youth Risk Behavior Survey. These sumers generally. According to the industry, Council have undertaken a public health surveys do not use common indicators to it has also supported the training of more campaign targeted at parents to combat un- allow for direct comparison of youth alcohol than 1.6 million retail employees, commu- derage alcohol consumption. The Ad Council consumption patterns. Analyses of recent nity-based prevention programs, point of estimates that, for a typical public health years’ data do, however, show similar re- sale education, and enforcement programs. campaign, it receives an average of $28 mil- sults. All of these efforts are aimed at further re- lion per year in free media through its 28,000 (21) Research shows that school-based and ducing illegal underage drinking and pre- media outlets nationwide. community-based interventions can reduce venting sales of alcohol to persons under the (8) A significant percentage of the total al- underage drinking and associated problems, age of 21. All sectors of the alcohol beverage cohol consumption in the United States each and that positive outcomes can be achieved industry have also voluntarily committed to year is by underage youth. The Substance by combining environmental and institu- placing advertisements in broadcast and Abuse and Mental Health Services Adminis- tional change with theory-based health edu- magazines where at least 70 percent of the tration reports that the percentage is over 11 cation—a comprehensive, community-based audiences are expected to be 21 years of age percent. approach. or older. The industry should continue to (9) Youth are exposed to a significant (22) Studies show that a minority of youth amount of alcohol advertising through a va- monitor and tailor its advertising practices who need treatment for their alcohol prob- riety of media. Some studies indicate that to further limit underage exposure, including lems receive such services. Further, insuffi- youth awareness of alcohol advertising cor- the use of independent third party review. cient information exists to properly assist relates to their drinking behavior and be- The industry should continue and expand clinicians and other providers in their youth liefs. evidence-based efforts to prevent underage treatment efforts. (10) According to the Center on Alcohol drinking. Marketing and Youth, in 2002, the alcoholic SEC. 3. DEFINITIONS. (5) Public health and consumer groups, in beverage industry spent $990.2 million on For purposes of this Act: collaboration with the alcohol beverage in- product advertising on television, and $10 (1) The term ‘‘binge drinking’’ means a dustry, should explore opportunities to re- million on television advertising designed to pattern of drinking alcohol that brings blood duce underage drinking. promote the responsible use of alcohol. For alcohol concentration (BAC) to 0.08 gm per- (6) The entertainment industries have a every one television ad discouraging under- cent or above. For the typical adult, this powerful impact on youth, and they should age alcohol use, there were 609 product ads. pattern corresponds to consuming 5 or more use rating systems and marketing codes to (11) Alcohol use occurs in 76 percent of drinks (male), or 4 or more drinks (female), reduce the likelihood that underage audi- movies rated G or PG and 97 percent of mov- in about 2 hours. ences will be exposed to movies, recordings, ies rated PG-13. The Federal Trade Commis- (2) The term ‘‘heavy drinking’’ means five or television programs with unsuitable alco- sion has recommended restricting paid alco- or more drinks on the same occasion in the hol content, even if adults are expected to hol beverage promotional placements to past 30 days. predominate in the viewing or listening au- films rated R or NC-17. (3) The term ‘‘frequent heavy drinking’’ diences. (12) Youth spend 9 to 11 hours per week lis- means five or more drinks on at least five oc- (7) Objective scientific evidence and data tening to music, and 17 percent of all lyrics casions in the last 30 days. should be generated and made available to contain alcohol references; 30 percent of (4) The term ‘‘alcoholic beverage industry’’ the general public and policy makers at the those songs include brand-name mentions. means the brewers, vintners, distillers, im- local, state, and national levels to help them (13) Studies show that adolescents watch 20 porters, distributors, and retail outlets that make informed decisions, implement judi- to 27 hours of television each week, and 71 sell and serve beer, wine, and distilled spir- cious policies, and monitor progress in pre- percent of prime-time television episodes de- its. venting childhood/adolescent alcohol use. pict alcohol use and 77 percent contain some (5) The term ‘‘school-based prevention’’ (8) The National Collegiate Athletic Asso- reference to alcohol. means programs, which are institutionalized, ciation, its member colleges and univer- (14) College and university presidents have and run by staff members or school-des- sities, and athletic conferences should affirm cited alcohol abuse as the number one health ignated persons or organizations in every a commitment to a policy of discouraging al- problem on college and university campuses. grade of school, kindergarten through 12th cohol use among underage students and (15) According to the National Institute on grade. other young fans by ending all alcohol adver- Alcohol Abuse and Alcoholism, two of five (6) The term ‘‘youth’’ means persons under tising during radio and television broadcasts college students are binge drinkers; 1,400 col- the age of 21. of collegiate sporting events. lege students die each year from alcohol-re- (7) The term ‘‘IOM report’’ means the re- TITLE II—INTERAGENCY COORDINATING lated injuries, a majority of which involve port released in September 2003 by the Na- COMMITTEE; ANNUAL REPORT CARD motor vehicle crashes; more than 70,000 stu- tional Research Council, Institute of Medi- cine, and entitled ‘‘Reducing Underage SEC. 201. ESTABLISHMENT OF INTERAGENCY CO- dents are victims of alcohol-related sexual ORDINATING COMMITTEE TO PRE- assault; and 500,000 students are injured Drinking: A Collective Responsibility’’. VENT UNDERAGE DRINKING. under the influence of alcohol each year. TITLE I—SENSE OF CONGRESS (a) IN GENERAL.—The Secretary of Health (16) According to the Center on Alcohol SEC. 101. SENSE OF CONGRESS. and Human Services, in collaboration with Marketing and Youth, in 2002, alcohol pro- It is the sense of the Congress that: the Federal officials specified in subsection

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8694 CONGRESSIONAL RECORD — SENATE July 22, 2004 (b), shall establish an interagency coordi- ings on outcome measures for categories re- groups. The progress of this consultative nating committee focusing on underage lated to the prevalence of underage drinking process is to be covered in the report under drinking (referred to in this section as the in each State. subsection (b). ‘‘Committee’’). (b) OUTCOME MEASURES.— (d) AUTHORIZATION OF APPROPRIATIONS.— (b) OTHER AGENCIES.—The officials referred (1) IN GENERAL.—The Secretary shall de- There are authorized to be appropriated to to in subsection (a) are the Secretary of Edu- velop, in consultation with the Committee carry out this section, $1,000,000 for each of cation, the Attorney General, the Secretary established in section 201, a set of outcome the fiscal years 2005 and 2006, and such sums of Transportation, the Secretary of the measures to be used in preparing the report as may be necessary for each subsequent fis- Treasury, the Secretary of Defense, the Sur- card. cal year. geon General, the Director of the Centers for (2) CATEGORIES.—In developing the out- TITLE IV—INTERVENTIONS Disease Control and Prevention, the Director come measures, the Secretary shall develop measures for categories related to the fol- SEC. 401. COMMUNITY-BASED COALITION EN- of the National Institute on Alcohol Abuse HANCEMENT GRANTS TO PREVENT and Alcoholism, the Administrator of the lowing: UNDERAGE DRINKING. (A) The degree of strictness of the min- Substance Abuse and Mental Health Services (a) AUTHORIZATION OF PROGRAM.—The Di- Administration, the Director of the National imum drinking age laws and dram shop li- rector of the Office of National Drug Control Institute on Drug Abuse, the Assistant Sec- ability statutes in each State. Policy shall award ‘‘enhancement grants’’ to retary for Children and Families, the Direc- (B) The number of compliance checks with- eligible entities to design, test, evaluate and tor of the Office of National Drug Control in alcohol retail outlets conducted measured disseminate strategies to maximize the ef- Policy, the Administrator of the National against the number of total alcohol retail fectiveness of community-wide approaches Highway Traffic Safety Administration, the outlets in each State, and the results of such to preventing and reducing underage drink- Administrator of the Office of Juvenile Jus- checks. ing. (C) Whether or not the State mandates or tice and Delinquency Prevention, the Chair- (b) PURPOSES.—The purposes of this section man of the Federal Trade Commission, and otherwise provides training on the proper are, in conjunction with the Drug-Free Com- such other Federal officials as the Secretary selling and serving of alcohol for all sellers munities Act of 1997 (21 U.S.C. 1521 et seq.), of Health and Human Services determines to and servers of alcohol as a condition of em- to— be appropriate. ployment. (1) reduce alcohol use among youth in com- (c) CHAIR.—The Secretary of Health and (D) Whether or not the State has policies munities throughout the United States; Human Services shall serve as the chair of and regulations with regard to Internet sales (2) strengthen collaboration among com- the Committee. and home delivery of alcoholic beverages. munities, the Federal Government, and (d) DUTIES.—The Committee shall guide (E) The number of adults in the State tar- State, local, and tribal governments; policy and program development across the geted by State programs to deter adults from (3) enhance intergovernmental cooperation Federal Government with respect to under- purchasing alcohol for minors. and coordination on the issue of alcohol use age drinking. (F) The number of youths, parents, and among youth; (e) CONSULTATIONS.—The Committee shall caregivers who are targeted by State pro- (4) serve as a catalyst for increased citizen actively seek the input of and shall consult grams designed to deter underage drinking. participation and greater collaboration with all appropriate and interested parties, (G) Whether or not the State has enacted among all sectors and organizations of a including public health research and interest graduated drivers licenses and the extent of community that first demonstrates a long- groups, foundations, and alcohol beverage in- those provisions. term commitment to reducing alcohol use dustry trade associations and companies. (H) The amount that the State invests, per among youth; (f) ANNUAL REPORT.— youth capita, on the prevention of underage (5) disseminate to communities timely in- (1) IN GENERAL.—The Secretary of Health drinking, further broken down by the formation regarding state-of-the-art prac- and Human Services, on behalf of the Com- amount spent on— tices and initiatives that have proven to be mittee, shall annually submit to the Con- (i) compliance check programs in retail effective in reducing alcohol use among gress a report that summarizes— outlets, including providing technology to youth; and (A) all programs and policies of Federal prevent and detect the use of false identifica- (6) enhance, not supplant, local community agencies designed to prevent underage drink- tion by minors to make alcohol purchases; initiatives for reducing alcohol use among ing; (ii) checkpoints; youth. (B) the extent of progress in reducing un- (iii) community-based, school-based, and (c) APPLICATION.—An eligible entity desir- derage drinking nationally; higher-education-based programs to prevent ing an enhancement grant under this section (C) data that the Secretary shall collect underage drinking; shall submit an application to the Director with respect to the information specified in (iv) underage drinking prevention pro- at such time, and in such manner, and ac- paragraph (2); and grams that target youth within the juvenile companied by such information as the Direc- (D) such other information regarding un- justice and child welfare systems; and tor may require. Each application shall in- derage drinking as the Secretary determines (v) other State efforts or programs as clude— to be appropriate. deemed appropriate. (1) a complete description of the entity’s (2) CERTAIN INFORMATION.—The report SEC. 203. AUTHORIZATION OF APPROPRIATIONS. current underage alcohol use prevention ini- under paragraph (1) shall include informa- There are authorized to be appropriated to tiatives and how the grant will appropriately tion on the following: carry out this title $2,000,000 for fiscal year enhance the focus on underage drinking (A) Patterns and consequences of underage 2005, and such sums as may be necessary for issues; or drinking. each of the fiscal years 2006 through 2009. (2) a complete description of the entity’s (B) Measures of the availability of alcohol TITLE III—NATIONAL MEDIA CAMPAIGN current initiatives, and how it will use this to underage populations and the exposure of SEC. 301. NATIONAL MEDIA CAMPAIGN TO PRE- grant to enhance those initiatives by adding this population to messages regarding alco- VENT UNDERAGE DRINKING. a focus on underage drinking prevention. hol in advertising and the entertainment (a) SCOPE OF THE CAMPAIGN.—The Sec- (d) USES OF FUNDS.—Each eligible entity media. retary of Health and Human Services shall that receives a grant under this section shall (C) Surveillance data, including informa- continue to fund and oversee the production, use the grant funds to carry out the activi- tion on the onset and prevalence of underage broadcasting, and evaluation of the Ad Coun- ties described in such entity’s application drinking. cil’s national adult-oriented media public submitted pursuant to subsection (c). Grants (D) Any additional findings resulting from service campaign. under this section shall not exceed $50,000 research conducted or supported under sec- (b) REPORT.—The Secretary of Health and per year, and may be awarded for each year tion 501. Human Services shall provide a report to the the entity is funded as per subsection (f). (E) Evidence-based best practices to both Congress annually detailing the production, (e) SUPPLEMENT NOT SUPPLANT.—Grant prevent underage drinking and provide treat- broadcasting, and evaluation of the cam- funds provided under this section shall be ment services to those youth who need them. paign referred to in subsection (a), and to de- used to supplement, not supplant, Federal SEC. 202. ANNUAL REPORT CARD. tail in the report the effectiveness of the and non-Federal funds available for carrying (a) IN GENERAL.—The Secretary of Health campaign in reducing underage drinking, the out the activities described in this section. and Human Services (referred to in this sec- need for and likely effectiveness of an ex- (f) DEFINITIONS.—For purposes of this sec- tion as the ‘‘Secretary’’) shall, with input panded adult-oriented media campaign, and tion, the term ‘‘eligible entity’’ means an or- and collaboration from other appropriate the feasibility and the likely effectiveness of ganization that is currently eligible to re- Federal agencies, States, Indian tribes, terri- a national youth-focused media campaign to ceive grant funds under the Drug-Free Com- tories, and public health, consumer, and al- combat underage drinking. munities Act of 1997 (21 U.S.C. 1521 et seq.). cohol beverage industry groups, annually (c) CONSULTATION REQUIREMENT.—In car- (g) ADMINISTRATIVE EXPENSES.—Not more issue a ‘‘report card’’ to accurately rate the rying out the media campaign, the Secretary than 6 percent of a grant under this section performance of each state in enacting, en- of Health and Human Services shall direct may be expended for administrative ex- forcing, and creating laws, regulations, and the Ad Council to consult with interested penses. programs to prevent or reduce underage parties including both the alcohol beverage (h) AUTHORIZATION OF APPROPRIATIONS.— drinking. The report card shall include rat- industry and public health and consumer There are authorized to be appropriated to

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8695 carry out this section $5,000,000 for fiscal the meaning given the term in section 101(a) cluding second-hand effects of adolescent al- year 2005, and such sums as may be necessary of the Higher Education Act of 1965 (20 U.S.C. cohol use such as date rapes, violence, risky for each of the fiscal years 2006 through 2009. 1001(a)). sexual behavior, and prenatal alcohol expo- SEC. 402. GRANTS DIRECTED AT REDUCING HIGH- (3) SECRETARY.—The term ‘‘Secretary’’ sure. ER-EDUCATION ALCOHOL ABUSE. means the Secretary of Education. (3) Developing or identifying successful (a) AUTHORIZATION OF PROGRAM.—The Sec- (4) STATE.—The term ‘‘State’’ means each clinical treatments for youth with alcohol retary shall award grants to eligible entities of the 50 States, the District of Columbia, problems. to enable the entities to reduce the rate of and the Commonwealth of Puerto Rico. SEC. 502. AUTHORIZATION OF APPROPRIATIONS. underage alcohol use and binge drinking (5) STATEWIDE COALITION.—The term There are authorized to be appropriated to among students at institutions of higher ‘‘statewide coalition’’ means a coalition carry out section 501 $6,000,000 for fiscal year education. that— 2005, and such sums as may be necessary for (b) APPLICATIONS.—An eligible entity that (A) includes— each of the fiscal years 2006 through 2009. desires to receive a grant under this Act (i) institutions of higher education within Mr. DODD. Mr. President, I rise shall submit an application to the Secretary a State; and today with my colleague, Senator MIKE at such time, in such manner, and accom- (ii) a nonprofit group, a community under- DEWINE, to introduce legislation de- panied by such information as the Secretary age drinking prevention coalition, or an- may require. Each application shall in- other substance abuse prevention group signed to prevent our nation’s children clude— within a State; and and youth from succumbing to the dan- (1) a description of how the eligible entity (B) works toward lowering the alcohol gers associated with underage alcohol will work to enhance an existing, or where abuse rate by targeting underage students at use. The legislation that we introduce none exists to build a, statewide coalition; institutions of higher education throughout today, the STOP (Sober Truth On Pre- (2) a description of how the eligible entity the State and in the surrounding commu- venting) Underage Drinking Act, will will target underage students in the State; nities. (3) a description of how the eligible entity greatly strengthen our Nation’s ability (6) SURROUNDING COMMUNITY.—The term to combat the too often deadly con- intends to ensure that the statewide coali- ‘‘surrounding community’’ means the com- tion is actually implementing the purpose of munity— sequences associated with underage this Act and moving toward indicators de- (A) that surrounds an institution of higher drinking. scribed in section (d); education participating in a statewide coali- An initial examination of the prob- (4) a list of the members of the statewide tion; lems presented by underage drinking is coalition or interested parties involved in (B) where the students from the institution truly alarming. Alcohol is the most the work of the eligible entity; of higher education take part in the commu- commonly used drug among America’s (5) a description of how the eligible entity nity; and youth. More young people drink alco- intends to work with State agencies on sub- (C) where students from the institution of stance abuse prevention and education; hol than smoke tobacco or use mari- higher education live in off-campus housing. juana combined. In 2002, 20 percent of (6) the anticipated impact of funds pro- (g) ADMINISTRATIVE EXPENSES.—Not more vided under this Act in reducing the rates of than 5 percent of a grant under this section eighth graders had drunk alcohol in underage alcohol use; may be expended for administrative ex- the previous 30 days. Forty-nine per- (7) outreach strategies, including ways in penses. cent of high school seniors are drink- which the eligible entity proposes to— (h) AUTHORIZATION OF APPROPRIATIONS.— ers, and 29 percent report having had (A) reach out to students; There are authorized to be appropriated to five or more drinks in a row, or binged (B) promote the purpose of this Act; carry out this section $5,000,000 for fiscal (C) address the range of needs of the stu- in the past 2 weeks. year 2005, and such sums as may be necessary Tragically, we know that this year dents and the surrounding communities; and for each of the fiscal years 2006 through 2009. (D) address community norms for underage underage drinking will directly lead to TITLE V—ADDITIONAL RESEARCH students regarding alcohol use; and more than 3,500 deaths, more than two (8) such additional information as required SEC. 501. ADDITIONAL RESEARCH ON UNDERAGE million injuries, 1,200 babies born with DRINKING. by the Secretary. fetal alcohol syndrome and more than (a) IN GENERAL.—The Secretary of Health (c) USES OF FUNDS.—Each eligible entity 50,000 youths treated for alcohol de- that receives a grant under this section shall and Human Services shall collect data on, use the grant funds to carry out the activi- and conduct or support research on, under- pendence. We also know that the social ties described in such entity’s application age drinking with respect to the following: costs associated with underage drink- submitted pursuant to subsection (b). (1) The short and long-range impact of al- ing total close to $53 billion annually, (d) ACCOUNTABILITY.—On the date on which cohol use and abuse upon adolescent brain including $19 billion from automobile the Secretary first publishes a notice in the development and other organ systems. accidents and $29 billion from associ- Federal Register soliciting applications for (2) Comprehensive community-based pro- ated violent crime. grants under this section, the Secretary grams or strategies and statewide systems to And while no one can argue with the prevent underage drinking, across the under- shall include in the notice achievement indi- tragic loss of life and significant finan- cators for the program authorized under this age years from early childhood to young section. The achievement indicators shall be adulthood, including programs funded and cial costs associated with underage designed— implemented by government entities, public drinking, too few of us think of the (1) to measure the impact that the state- health interest groups and foundations, and equally devastating loss of potential wide coalitions assisted under this Act are alcohol beverage companies and trade asso- that occurs when our children begin to having on the institutions of higher edu- ciations. drink. Research indicates that children cation and the surrounding communities, in- (3) Improved knowledge of the scope of the who begin drinking do so at only 12 cluding changes in the number of alcohol in- underage drinking problem and progress in years of age. We also know that chil- preventing and treating underage drinking. cidents of any kind (including violations, dren that begin drinking at such an physical assaults, sexual assaults, reports of (4) Annually obtain more precise informa- intimidation, disruptions of school func- tion than is currently collected on the type early age develop a predisposition for tions, disruptions of student studies, mental and quantity of alcoholic beverages con- alcohol dependence later in life. Such health referrals, illnesses, or deaths); sumed by underage drinkers, as well as infor- early experimentation can have dev- (2) to measure the quality and accessibility mation on brand preferences of these drink- astating consequences and derail a of the programs or information offered by ers and their exposure to alcohol advertising. child’s potential just as she or he is the statewide coalitions; and (b) CERTAIN MATTERS.—The Secretary of starting out on the path to adulthood. (3) to provide such other measures of pro- Health and Human Services shall carry out activities toward the following objectives The consumption of alcohol by our gram impact as the Secretary determines ap- children can literally rob them of their propriate. with respect to underage drinking: (e) SUPPLEMENT NOT SUPPLANT.—Grant (1) Testing every unnatural death of per- future. funds provided under this Act shall be used sons ages 12 to 20 in the United States for al- The truly alarming and devastating to supplement, and not supplant, Federal cohol involvement, including suicides, homi- effects of underage alcohol use are and non-Federal funds available for carrying cides, and unintentional injuries such as what initially led Senator DEWINE and out the activities described in this section. falls, drownings, burns, poisonings, and I to begin work to address this impor- (f) DEFINITIONS.—For purposes of this sec- motor vehicle crash deaths. tant issue. Over the last few months we tion: (2) Obtaining new epidemiological data have worked extensively with Rep- (1) ELIGIBLE ENTITY.—The term ‘‘eligible within the National Epidemiological Study entity’’ means a State, institution of higher on Alcoholism and Related Conditions and resentatives ROYBAL-ALLARD, WOLF, education, or nonprofit entity. other national or targeted surveys that iden- DELAURO, OSBOURNE and WAMP to craft (2) INSTITUTION OF HIGHER EDUCATION.—The tify alcohol use and attitudes about alcohol the broad legislative initiative that we term ‘‘institution of higher education’’ has use during pre- and early adolescence, in- introduce today.

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8696 CONGRESSIONAL RECORD — SENATE July 22, 2004 The STOP Underage Drinking Act tional tragedy represented by underage have been avoided. By then, it’s too creates the framework for a multi- drinking. I pledge to work strenuously late for the victim and their family. faceted, comprehensive national cam- toward passing the STOP Underage We need a system that encourages the paign to prevent underage drinking. Drinking Act and building on its good faith employers to find out how to Specifically, the legislation includes strong foundation and I ask for the achieve safety voluntarily and without four major areas of policy develop- support of my colleagues for this criti- fear of retribution. We need a system ment. First, the STOP Underage cally important initiative. that harnesses the resources of safety Drinking Act authorizes $2 million to experts so employers can achieve com- establish an Interagency Coordinating By Mr. ENZI: pliance with safety laws. And, we need Committee to coordinate all Federal S. 2719. A bill to amend the Occupa- a system that can target and punish agency efforts and expertise designed tional Safety and Health Act of 1970 to the few bad employers. This is the sys- to prevent underage drinking. Chaired further improve the safety and health tem promoted by the Safety Advance- by the Secretary of Health and Human of working environments, and for other ment for Employees, or SAFE, Act. Services, this committee will be re- purposes; to the Committee on Health, The SAFE Act will save workers’ lives. quired to report to the Congress on an Education, Labor, and Pensions. The SAFE Act is a workable solution annual basis the extent to which Fed- Mr. ENZI. Mr. President, I rise to in- that will effectively add thousands of eral efforts are addressing the urgent troduce the Safety Advancement for highly-trained safety and health pro- need to curb underage drinking. Employees (SAFE) Act of 2004. Every fessionals to the job of inspecting I am particularly pleased that one of worker in America deserves to return workplaces around the country. Why is the many items in this annual report home safely at the end of the day. How- enlisting third party safety experts so to Congress will provide for the public ever, more than 5,500 workers die while critical to the effort of getting employ- health monitoring of the amount of al- at work annually. This means that, on ers to comply with safety laws? Be- cohol advertising reaching our chil- any given day, 15 workers will not re- cause OSHA, the government agency dren. I have become increasingly con- turn home to their families. The fact responsible for regulating safety laws, cerned about the degree to which alco- that these accidents are occurring is can’t do it alone. OSHA should be pro- hol advertisements appear to target not because employers don’t care about viding helpful assistance to the over- our Nation’s children. It is my hope workplace safety. On the contrary, the whelming number of employers who that the monitoring called for by this Occupational Safety and Health Ad- are pursuing safer workplaces. Simul- legislation will expose any unethical ministration, or OSHA, estimated that taneously, OSHA should be targeting advertising practices that reach chil- 95 percent of employers are striving to those employers who are willfully dis- dren. We must do all that we can to en- create a safer workplace. The vast ma- regarding safety laws, inspecting them, sure that our children are not exposed jority of employers want to comply penalizing them, and following up to to harmful and deceptive alcohol pro- with safety laws. Therefore, any effort make sure that bad practices are motions. to significantly improve workplace stopped before accidents occur. In addition to the Federal coordina- safety by focusing solely on the small It has been estimated that it would tion of Federal underage drinking pre- percentage of bad actors who willfully take OSHA over 167 years to inspect vention efforts, the STOP Underage break the law is doomed to failure. every work site in the country. There- Drinking Act additionally authorizes We don’t need political rhetoric, we fore, OSHA cannot effectively help $1 million to fund an adult-oriented need workable solutions. As Chairman those good faith employers or deter bad National Media Campaign against Un- of the Subcommittee on Employment, employers from breaking the law. This derage Drinking. Research indicates Safety and Training, I felt responsible is why the SAFE Act is so important. that most children who drink obtain for finding a solution that will succeed It will allow highly-trained safety and the alcohol from their parents or from in protecting more workers from harm. health professionals to reach work other adults. The National Media Cam- I feel a responsibility to every worker sites all over the country, where OSHA paign against underage drinking will and every worker’s family to do all I hasn’t even been able to make a dent, specifically seek to educate those who can to prevent workplace accidents and encouraging employers to get into provide our children with alcohol about deaths. The SAFE Act will provide the compliance voluntarily. the dangers inherent in underage alco- systematic safety improvements that These highly-trained consultants will hol use. This media campaign will American workers and their families work with employers to get them into build upon the valuable underage deserve. This legislation helps the vast compliance with safety laws. If the em- drinking prevention efforts begun last majority of good faith employers who ployer gets into compliance, the em- year by the Ad Council, whose cam- want to achieve compliance with safety ployer can receive a certificate of com- paigns average an estimated $28 mil- laws. They just need help doing so— pliance which will exempt him from lion in donated media from media out- more help than OSHA can currently civil penalties only for one year. How- lets nationwide. give them. The SAFE Act also allows ever, at all times and under all cir- The legislation additionally author- OSHA to effectively target the few bad cumstances, OSHA remains free to in- izes $10 million to provide States, not- actors who willfully place their em- spect these work sites. for-profit groups and institutions of ployees at risk. It also includes provi- The third-party consultation pro- higher education the ability to create sions to improve hazard communica- gram is particularly important for statewide coalitions to prevent under- tion and reduce injuries and illnesses small businesses. Employers have to age drinking and alcohol abuse by col- caused by the presence of hazardous read through and implement over a lege and university students. This sec- chemicals in the workplace. thousand pages of highly technical tion will also provide alcohol-specific The SAFE Act of 2004 will increase safety regulations. Too often, employ- enhancement grants through the Drug the maximum jail sentence for a will- ers are left on their own to try to un- Free Communities Program. ful safety violation that results in a derstand and comply with all these reg- Lastly, the STOP Underage Drinking worker’s death from 6 months, which is ulations. It is hard enough for large Act authorizes $6 million to expand re- a misdemeanor, to 18 months, which is employers who have an in-house staff search to assess the health effects of a felony. It would be naive to believe of safety experts. For the small em- underage drinking on adolescent devel- that increasing the criminal penalty by ployer—whose safety ‘‘expert’’ is also opment, including its effect on the itself will significantly improve work- the human resources manager, ac- brain. This effort will additionally in- place safety. Increasing the maximum countant, and systems administrator— crease Federal data collection on un- jail sentence for bad actors will do the task is nearly impossible. We’re derage drinking, including reporting on nothing to help improve the workplace talking about employers who want to the types and brands of alcohol that safety records of the 95 percent of em- do the right thing, who want to comply kids consume. ployers who want to do the right thing. with the law and protect their workers. I want to convey my belief that this I want to prevent the accident in the They just need help doing so—help that legislation truly offers a historical, first place, not just penalize the em- OSHA is not currently equipped to pro- first step toward addressing the na- ployer for an injury or death that could vide.

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8697 In a report published in March, 2004, RECORD. He writes that: ‘‘Other stand- safety and health of America’s work- the General Accounting Office cited ards cover many issues for the workers, force. Government and the private sec- the use of third party consultants but the Material Safety Data Sheet, tor can—and must—work together to among a list of recommendations by paperwork is used millions of times create a culture where safety and researchers, safety and health practi- each workday, and the accuracy of health is the number one priority. tioners, and specialists, to achieve vol- these sheets [is] of paramount impor- I first introduced the SAFE Act in untary OSHA compliance. According to tance for the complete protection of 1997. Today, the call for meaningful the GAO report: ‘‘Using Consultants our most important resource, our great OSHA reform through cooperative and could leverage existing OSHA resources American workers.’’ proactive efforts is even louder. The by helping workplaces that might To improve the protection of our more time that passes without taking never otherwise see an OSHA inspec- great American workers from haz- such action, the more injuries and tor, especially small employers, and ardous chemicals, the new SAFE Act deaths will occur that could otherwise possibly also by enabling employers to requires OSHA to develop and post on be avoided. As I introduce the new address additional safety and health its website model material safety data SAFE Act today, I hope that we can issues that might not be covered under sheets for those highly hazardous again begin meaningful discussions an OSHA inspection for compliance chemicals listed on the Process Safety about what is involved in achieving standards.’’ Management Standard. These models safer workplaces. I also hope that we We need to leverage the resources of will be particularly helpful to small can actually pass the SAFE Act and OSHA and the private sector to im- businesses that don’t have the exper- achieve greater safety and health for prove occupational safety around the tise to develop or decipher their own. our most important resource—our country—in large and small workplaces In the twenty years since the Hazard great American worker. alike. Communication Standard was adopted, I ask unanimous consent that the Nowhere is the safety and health the American workplace has changed text of the bill be printed in the challenge more daunting for small dramatically. Electronic or internet- RECORD. businesses than it is in the area of haz- based systems not envisioned twenty There being no objection, the bill and ard communication. Hazardous chemi- years ago can significantly improve letter were ordered to be printed in the cals pervade the 21st Century work- hazard communication. The new SAFE RECORD, as follows: place. An estimated 650,000 hazardous Act recognizes the promise of tech- S. 2719 chemical products are used in over 3 nology to improve hazard communica- Be it enacted by the Senate and House of Rep- million workplaces across the country. tion. The legislation creates grants to resentatives of the United States of America in Everyday, more than 30 million Amer- develop, implement, or evaluate strate- Congress assembled, ican workers will be exposed to haz- gies to improve hazard communication SECTION 1. SHORT TITLE; REFERENCE. ardous chemicals on the job. Whether through the use of better technology. (a) SHORT TITLE.—This Act may be cited as or not they return home safely at the In the past twenty years, our work- the ‘‘Safety Advancement for Employees Act end of the day depends on their aware- force has become increasingly diverse. of 2004’’ or the ‘‘SAFE Act’’. ness of these hazards and appropriate Effective hazard communication (b) REFERENCE.—Whenever in this Act an precautionary measures. Communica- should reflect the fact that numerous amendment or repeal is expressed in terms of languages may be spoken at a single an amendment to, or repeal of, a section or tion is the key to protecting the safety other provision, the reference shall be con- and health of these 30 million workers. worksite. Our economy has also be- sidered to be made to a section or other pro- However, the protection is only as ef- come increasingly global. The chemical vision of the Occupational Safety and Health fective as the communication. industry is one of the United States’ Act of 1970 (29 U.S.C. 651 et seq.). Twenty years ago, OSHA adopted the largest exporting sectors. The manner SEC. 2. PURPOSE. Hazard Communication Standard. Ma- in which other countries regulate haz- Section 2(b) of the Act (29 U.S.C. 651(b)) is terial Safety Data Sheets are the cor- ardous chemicals impacts an American amended— nerstone of hazard communication. manufacturer’s ability to compete in (1) in paragraph (13), by striking the period The chemical manufacturer or im- the global marketplace. and inserting ‘‘; and’’; and porter evaluates the chemical and pro- In 2002, the United Nations adopted (2) by adding at the end the following: the Globally Harmonized System for ‘‘(14) by increasing the joint cooperation of vides employers with information employers, employees, and the Secretary of about its hazards and protective meas- Classification and Labeling of Chemi- Labor in the effort to ensure safe and health- ures on the Material Safety Data cals. The Globally Harmonized System ful working conditions for employees.’’. Sheet, which employers must then pro- is designed to improve the quality of SEC. 3. THIRD PARTY CONSULTATION SERVICES vide to workers. hazard communication by establishing PROGRAM. OSHA’s rule provides a generic standardized requirements for hazard (a) PROGRAM.—The Act (29 U.S.C. 651 et framework for hazard communication. evaluation, safety data sheets, and la- seq.) is amended by inserting after section 8 With over 650,000 chemicals in use, and bels. The Globally Harmonized System the following: tens of thousands of chemical manufac- has the potential to address significant ‘‘SEC. 8A. THIRD PARTY CONSULTATION SERV- turers, the clarity, format, and accu- concerns with current hazard commu- ICES PROGRAM. ‘‘(a) PURPOSE.—It is the purpose of this racy of Material Safety Data Sheets nication. Whether the United States section to encourage employers to conduct varies widely. If the Material Safety adopts it cannot be decided by OSHA voluntary safety and health audits using the Data Sheet is stuffed in some thick alone. Other agencies involved in regu- expertise of qualified safety and health con- binder gathering dust, the worker lating hazardous chemicals must be in- sultants and to proactively seek individual- doesn’t have time to shuffle through volved. Key stakeholders in hazard ized solutions to workplace safety and health the pages of complex, technical jargon communication—chemical manufactur- concerns. it includes. Workers shouldn’t need a ers, employers, workers, and safety and ‘‘(b) ESTABLISHMENT OF PROGRAM.— Ph.D. in biochemistry to know how to health experts—must also be involved. ‘‘(1) IN GENERAL.—Not later than 18 months after the date of enactment of this section, protect themselves against hazardous For this reason, the new SAFE Act es- the Secretary, in consultation with the advi- chemicals. tablishes a commission of relevant sory committee established under section Twenty years after the Hazard Com- Federal agencies and stakeholders to 7(d), shall establish and implement, by regu- munication standard was published, study and make recommendations to lation, a program that qualifies individuals it’s time for review. It’s time to heed Congress about the adoption of the to provide consultation services to employ- the call of workers and employers alike Globally Harmonized System. ers to assist employers in the identification for more clarity, consistency, accu- The SAFE Act sets us firmly on the and correction of safety and health hazards racy, and guidance. Over the years, I’ve path towards achieving the goal of the in the workplaces of employers. had the great fortune to work with Ron Occupational Safety and Health Act to ‘‘(2) ELIGIBILITY.—The following individ- uals shall be eligible to be qualified under Hayes on improving the safety and ‘‘assure so far as possible every work- the program under paragraph (1) as certified health of American workers. Ron wrote ing man and woman in the nation safe safety and health consultants: me a letter. I ask unanimous consent and healthful working conditions.’’ En- ‘‘(A) An individual who is licensed by a that the letter be printed in the forcement alone cannot ensure the State authority as a physician, industrial

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8698 CONGRESSIONAL RECORD — SENATE July 22, 2004 hygienist, professional engineer, safety engi- terms of the action plan and the time frames systematically identify and assess hazards in neer, safety professional, or registered nurse. for achieving specific items. the following ways: ‘‘(B) An individual who has been employed ‘‘(II) REQUIREMENTS.—The action plan shall ‘‘(I) Conduct corrective action and regular as an inspector for a State plan State or as outline the specific steps that must be ac- expert surveys to update hazard inventories. a Federal occupational safety and health in- complished by the employer prior to receiv- ‘‘(II) Have competent personnel review spector for not less than a 5-year period. ing a certificate of compliance. The action every planned or new facility, process mate- ‘‘(C) An individual who is qualified in an plan shall address in detail— rial, or equipment. occupational health or safety field by an or- ‘‘(aa) the employer’s correction of all iden- ‘‘(III) Train all employees and supervisors, ganization whose program has been accred- tified safety and health hazards, with appli- conduct routine joint inspections, and cor- ited by a nationally recognized private ac- cable time frames; rect items identified. creditation organization or by the Secretary. ‘‘(bb) the steps necessary for the employer ‘‘(IV) Establish a way for employees to re- ‘‘(D) An individual who has not less than 10 to implement an effective safety and health port hazards and provide prompt responses years expertise in workplace safety and program, with applicable time frames; and to such reports. health. ‘‘(cc) a statement of the employer’s com- ‘‘(V) Investigate worksite accidents and ‘‘(E) Other individuals determined to be mitment to work with the consultation near accidents. qualified by the Secretary. project to achieve a certificate of compli- ‘‘(VI) Provide employees with the nec- ‘‘(3) GEOGRAPHICAL SCOPE OF CONSULTATION ance. essary information regarding incident SERVICES.—A consultant qualified under the ‘‘(ii) SAFETY AND HEALTH PROGRAM.—An trends, causes and means of prevention. employer electing to participate in a pro- program under paragraph (1) may provide ‘‘(iii) HAZARD PREVENTION.—The employer, gram under this section shall establish a consultation services in any State. in consultation with the consultant, shall— safety and health program to manage work- ‘‘(4) LIMITATION BASED ON EXPERTISE.—A ‘‘(I) engage in timely hazard control, work- place safety and health to reduce injuries, consultant qualified under the program ing to ensure that hazard controls are fully illnesses and fatalities that complies with under paragraph (1) may only provide con- in place and communicated to employees, paragraph (3). Such safety and health pro- sultation services to an employer with re- with emphasis on engineering controls and spect to a worksite if the work performed at gram shall be appropriate to the conditions of the workplace involved. enforcing safe work procedures; that worksite coincides with the particular ‘‘(II) maintain equipment using operators ‘‘(3) REQUIREMENTS FOR SAFETY AND HEALTH expertise of the individual. who are trained to recognize maintenance ‘‘(c) SAFETY AND HEALTH REGISTRY.—The PROGRAM.— needs and perform or direct timely mainte- Secretary shall develop and maintain a reg- ‘‘(A) WRITTEN PROGRAM.—An employer nance; istry that includes all consultants that are electing to participate shall maintain a writ- ‘‘(III) provide training on emergency plan- qualified under the program under sub- ten safety and health program that contains section (b)(1) to provide the consultation policies, procedures, and practices to recog- ning and preparation, working to ensure that services described in subsection (b) and shall nize and protect their employees from occu- all personnel know immediately how to re- publish and make such registry readily pational safety and health hazards. Such spond as a result of effective planning, train- available to the general public. procedures shall include provisions for the ing, and drills; ‘‘(d) DISCIPLINARY ACTIONS.—The Secretary identification, evaluation and prevention or ‘‘(IV) equip facilities for emergencies with may revoke the status of a consultant quali- control of workplace hazards. all systems and equipment in place and regu- fied under subsection (b), or the participa- ‘‘(B) MAJOR ELEMENTS.—A safety and larly tested so that all employees know how tion of an employer under subsection (b) in health program shall include the following to communicate during emergencies and how the third party consultation program, if the elements, and may include other elements as to use equipment; and Secretary determines that the consultant or necessary to the specific worksite involved ‘‘(V) provide for emergency medical situa- employer— and as determined appropriate by the quali- tions using employees who are fully trained ‘‘(1) has failed to meet the requirements of fied consultant and employer: in emergency medicine. the program; or ‘‘(i) EMPLOYER COMMITMENT AND EMPLOYEE ‘‘(iv) SAFETY AND HEALTH TRAINING.—The ‘‘(2) has committed malfeasance, gross neg- INVOLVEMENT.— employer, in consultation with the consult- ligence, collusion or fraud in connection ‘‘(I) IN GENERAL.—The existence of both ant, shall— with any consultation services provided by management leadership and employee par- ‘‘(I) involve employees in hazard assess- the qualified consultant. ticipation must be demonstrated in accord- ment, development and delivery of training; ‘‘(e) PROGRAM REQUIREMENTS.— ance with subclauses (II) and (III). ‘‘(II) actively involve supervisors in work- ‘‘(1) FULL SERVICE CONSULTATION.—The con- ‘‘(II) MANAGEMENT LEADERSHIP.—To make site analysis by empowering them to ensure sultation services described in subsection a demonstration of management leadership physical protections, reinforce training, en- (b), and provided by a consultant qualified under this subclause, the employer shall— force discipline, and explain work proce- under the program under subsection (b)(1), ‘‘(aa) set a clear worksite safety and health dures; and shall include an evaluation of the workplace policy that employees can fully understand; ‘‘(III) provide training in safety and health of an employer to determine if the employer ‘‘(bb) set and communicate clear goals and management to managers. is in compliance with the requirements of objectives with the involvement of employ- ‘‘(4) REINSPECTION.—At a time agreed to by this Act, including any regulations promul- ees; the employer and the consultant, the con- gated pursuant to this Act. Employers elect- ‘‘(cc) provide essential safety and health sultant may reinspect the workplace of the ing to participate in such program shall con- leadership in tangible and recognizable ways; employer to verify that the required ele- tract with a consultant qualified under sub- ‘‘(dd) set positive safety and health exam- ments in the consultation report have been section (b)(2) to perform a full service visit ples; and satisfied. If such requirements have been sat- and consultation covering the employer’s es- ‘‘(ee) perform comprehensive reviews of isfied, the employer shall be provided with a tablishment, including a complete safety and safety and health programs for quality as- certificate of compliance for that workplace health program review. Following the guid- surance using a process which promotes con- by the qualified consultant. ance as specified in this section, the consult- tinuous correction. ‘‘(f) EXEMPTION FROM CIVIL PENALTIES FOR ant shall discuss with the employer the ele- ‘‘(III) EMPLOYEE PARTICIPATION.—With re- COMPLIANCE.— ments of an effective program. spect to employee participation, the em- ‘‘(1) IN GENERAL.—If an employer enters ‘‘(2) CONSULTATION REPORT.— ployer shall demonstrate a commitment to into a contract with an individual qualified ‘‘(A) IN GENERAL.—After a consultant con- working to develop a comprehensive, written under the program under this section, to pro- ducts a comprehensive survey of an employer and operational safety and health program vide consultation services described in sub- under a program under this section, the con- that involves employees in significant ways section (b), and receives a certificate of com- sultant shall prepare and submit to the em- that affect safety and health. In making pliance under subsection (e)(4), the employer ployer a written report that includes an ac- such a demonstration, the employer shall— shall be exempt from the assessment of any tion plan identifying any violations of this ‘‘(aa) provide for employee participation in civil penalty under section 17 for a period of Act, and any appropriate corrective meas- actively identifying and resolving safety and 1 year after the date on which the employer ures to address the violations that are iden- health issues in tangible ways that employ- receives such certificate. tified using an effective safety and health ees can clearly understand; ‘‘(2) EXCEPTIONS.—An employer shall not program. ‘‘(bb) assign safety and health responsibil- be exempt under paragraph (1)— ‘‘(B) ELEMENTS.—A consultation report ities in such a way that employees can un- ‘‘(A) if the employer has not made a good shall contain each of the following elements. derstand clearly what is expected of them; faith effort to remain in compliance as re- ‘‘(i) ACTION PLAN.— ‘‘(cc) provide employees with the necessary quired under the certificate of compliance; ‘‘(I) IN GENERAL.—An action plan under authority and resources to meet their safety or subparagraph (A) shall be developed in con- and health responsibilities; and ‘‘(B) to the extent that there has been a sultation with the employer as part of the ‘‘(dd) provide that safety and health per- fundamental change in the hazards of the initial comprehensive survey. The consult- formance for managers, supervisors and em- workplace. ant and the employer shall jointly use the ployees be measured in tangible ways. onsite time in the initial visit to the em- ‘‘(ii) WORKPLACE ANALYSIS.—The employer, ‘‘(g) RIGHT TO INSPECT.—Nothing in this ployer’s place of business to agree on the in consultation with the consultant, shall section shall be construed to affect the

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8699 rights of the Secretary to inspect and inves- (1) by adding at the end the following: nesses (as the term is defined by the Admin- tigate worksites covered by a certificate of ‘‘(3) The Secretary or an authorized rep- istrator of the Small Business Administra- compliance. resentative of the Secretary may, as a meth- tion). The Secretary shall carry out the pro- ‘‘(h) RENEWAL REQUIREMENTS.—An em- od of investigating an alleged violation or gram for a period of not to exceed 2 years. ployer that is granted a certificate of com- danger under this subsection, attempt, if fea- ‘‘(2) The Secretary shall provide consulta- pliance under this section may receive a 1 sible, to contact an employer by telephone, tion services under paragraph (1) not later year renewal of the certificate if the fol- facsimile, or other appropriate methods to than 4 weeks after the date on which the lowing elements are satisfied: determine whether— Secretary receives a request from an em- ‘‘(1) A qualified consultant shall conduct a ‘‘(A) the employer has taken corrective ac- ployer. complete onsite safety and health survey to tions with respect to the alleged violation or ‘‘(3) The Secretary may impose a nominal ensure that the safety and health program danger; or fee to an employer requesting consultation has been effectively maintained or improved, ‘‘(B) there are reasonable grounds to be- services under paragraph (1). The fee shall be workplace hazards are under control, and lieve that a hazard exists. in an amount determined by the Secretary. elements of the safety and health program ‘‘(4) The Secretary is not required to con- Employers paying a fee shall receive priority are operating effectively. duct an inspection under this subsection if consultation services by the Secretary. ‘‘(2) The consultant, in an onsite visit by the Secretary determines that a request for ‘‘(4) In lieu of issuing a citation under sec- tion 9 to an employer for a violation found the consultant, has determined that the pro- an inspection was made for reasons other by the Secretary during a consultation under gram requirements have been complied with than the safety and health of the employees paragraph (1), the Secretary shall permit the and the health and safety program has been of an employer or that the employees of an employer to carry out corrective measures operating effectively. employer are not at risk.’’. to correct the conditions causing the viola- ‘‘(i) NON-FIXED WORKSITES.—With respect SEC. 7. WORKSITE-SPECIFIC COMPLIANCE METH- tion. The Secretary shall conduct not more to employer worksites that do not have a ODS. than 2 visits to the workplace of the em- fixed location, a certificate of compliance Section 9 of the Act (29 U.S.C. 658) is ployer to determine if the employer has car- shall only apply to that worksite which sat- amended by adding at the end the following: ried out the corrective measures. The Sec- isfies the criteria under this section and such ‘‘(d) A citation issued under subsection (a) retary shall issue a citation as prescribed certificate shall not be portable to any other to an employer who violates section 5, any under section 5 if, after such visits, the em- worksite. This section shall not apply to standard, rule, or order promulgated pursu- ployer has failed to carry out the corrective service establishments that utilize essen- ant to section 6, or any other regulation pro- measures. tially the same work equipment at each non- mulgated under this Act shall be vacated if ‘‘(5) Not later than 90 days after the termi- fixed worksite.’’. such employer demonstrates that the em- nation of the program under paragraph (1), SEC. 4. ESTABLISHMENT OF SPECIAL ADVISORY ployees of such employer were protected by the Secretary shall prepare and submit a re- COMMITTEE. alternative methods that are equally or port to the appropriate committees of Con- Section 7 of the Act (29 U.S.C. 656) is more protective of the safety and health of gress that contains an evaluation of the im- amended by adding at the end the following: the employees than the methods required by plementation of the pilot program.’’. ‘‘(d)(1) Not later than 6 months after the such standard, rule, order, or regulation in SEC. 9. VOLUNTARY PROTECTION PROGRAMS. date of enactment of this subsection, the the factual circumstances underlying the ci- (a) COOPERATIVE AGREEMENTS.—The Sec- Secretary shall establish an advisory com- tation. retary of Labor shall establish cooperative mittee (pursuant to the Federal Advisory ‘‘(e) Subsection (d) shall not be construed agreements with employers to encourage the Committee Act (5 U.S.C. App.)) to carry out to eliminate or modify other defenses that establishment of comprehensive safety and the duties described in paragraph (3). may exist to any citation.’’. health management systems that include— ‘‘(2) The advisory committee shall be com- SEC. 8. TECHNICAL ASSISTANCE PROGRAM. (1) requirements for systematic assessment posed of— (a) IN GENERAL.—Section 21(c) of the Act of hazards; ‘‘(A) 3 members who are employees; (29 U.S.C. 670(c)) is amended— (2) comprehensive hazard prevention, miti- ‘‘(B) 3 members who are employers; (1) by striking ‘‘(c) The’’ and inserting gation, and control programs; ‘‘(C) 2 members who are members of the ‘‘(c)(1) The’’; (3) active and meaningful management and general public; and (2) by striking ‘‘(1) provide’’ and inserting employee participation in the voluntary pro- ‘‘(D) 1 member who is a State official from ‘‘(A) provide’’; gram described in subsection (b); and a State plan State. (3) by striking ‘‘(2) consult’’ and inserting (4) employee safety and health training. Each member of the advisory committee ‘‘(B) consult’’; and (b) VOLUNTARY PROTECTION PROGRAM.— shall have expertise in workplace safety and (4) by adding at the end the following: (1) IN GENERAL.—The Secretary of Labor health as demonstrated by the educational ‘‘(2)(A) The Secretary shall, through the shall establish and carry out a voluntary background of the member. authority granted under section 7(c) and protection program (consistent with sub- ‘‘(3) The advisory committee shall advise paragraph (1), enter into cooperative agree- section (a)) to encourage excellence and rec- and make recommendations to the Secretary ments with States for the provision of con- ognize the achievement of excellence in both with respect to the establishment and imple- sultation services by such States to employ- the technical and managerial protection of mentation of a consultation services pro- ers concerning the provision of safe and employees from occupational hazards. gram under section 8A.’’. healthful working conditions. (2) PROGRAM REQUIREMENT.—The voluntary SEC. 5. CONTINUING EDUCATION AND PROFES- ‘‘(B)(i) Except as provided in clause (ii), protection program shall include the fol- SIONAL CERTIFICATION FOR CER- the Secretary shall reimburse a State that lowing: TAIN OCCUPATIONAL SAFETY AND enters into a cooperative agreement under (A) APPLICATION.—Employers who volun- HEALTH ADMINISTRATION PER- subparagraph (A) in an amount that equals teer under the program shall be required to SONNEL. 90 percent of the costs incurred by the State submit an application to the Secretary of Section 8 of the Act (29 U.S.C. 657) is for the provision of consultation services Labor demonstrating that the worksite with amended by adding at the end the following: under such agreement. respect to which the application is made ‘‘(i) Any Federal employee responsible for ‘‘(ii) A State shall be reimbursed by the meets such requirements as the Secretary of enforcing this Act shall, not later than 2 Secretary for 90 percent of the costs incurred Labor may require for participation in the years after the date of enactment of this sub- by the State for the provision of— program. section or 2 years after the initial employ- ‘‘(I) training approved by the Secretary for (B) ONSITE EVALUATIONS.—There shall be ment of the employee involved, meet the eli- State personnel operating under a coopera- onsite evaluations by representatives of the gibility requirements prescribed under sub- tive agreement; and Secretary of Labor to ensure a high level of section (b)(2) of section 8A. ‘‘(II) specified out-of-State travel expenses protection of employees. The onsite visits ‘‘(j) The Secretary shall ensure that any incurred by such personnel. shall not result in enforcement of citations Federal employee responsible for enforcing ‘‘(iii) A reimbursement paid to a State under the Occupational Safety and Health this Act who carries out inspections or in- under this subparagraph shall be limited to Act of 1970 (29 U.S.C. 651 et seq.). vestigations under this section, receive pro- costs incurred by such State for the provi- (C) INFORMATION.—Employers who are ap- fessional education and training at least sion of consultation services under this para- proved by the Secretary of Labor for partici- every 5 years as prescribed by the Sec- graph and the costs described in clause (ii).’’. pation in the program shall assure the Sec- retary.’’. (b) PILOT PROGRAM.—Section 21 of the Act retary of Labor that information about the SEC. 6. EXPANDED INSPECTION METHODS. (29 U.S.C. 670) is amended by adding at the safety and health program of the employers (a) PURPOSE.—It is the purpose of this sec- end the following: shall be made readily available to the Sec- tion to empower the Secretary of Labor to ‘‘(e)(1) Not later than 90 days after the date retary of Labor to share with employees. achieve increased employer compliance by of enactment of this subsection, the Sec- (D) REEVALUATIONS.—Periodic reevalua- using, at the Secretary’s discretion, more ef- retary shall establish and carry out a pilot tions by the Secretary of Labor of the em- ficient and effective means for conducting program in 3 States to provide expedited ployers shall be required for continued par- inspections. consultation services, with respect to the ticipation in the program. (b) GENERAL.—Section 8(f) of the Act (29 provision of safe and healthful working con- (3) EXEMPTIONS.—A site with respect to U.S.C. 657(f) is amended— ditions, to employers that are small busi- which a program has been approved shall,

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8700 CONGRESSIONAL RECORD — SENATE July 22, 2004 during participation in the program be ex- human life, bodily injury, or property dam- (B) be presented in a consistent format empt from inspections or investigations and age; that enhances the reliability and comprehen- certain paperwork requirements to be deter- ‘‘(D) during the participation of an em- sibility of information about chemical haz- mined by the Secretary of Labor, except that ployee in an alcohol or substance abuse ards in the workplace and protective meas- this paragraph shall not apply to inspections treatment program, and for a reasonable pe- ures; and or investigations arising from employee riod of time (not to exceed 5 years) after the (C) be made available to the public, includ- complaints, fatalities, catastrophes, or sig- conclusion of such program; or ing through posting on the Occupational nificant toxic releases. ‘‘(E) on a random selection basis in work Safety and Health Administration’s website, (4) INCREASED SMALL BUSINESS PARTICIPA- units, locations, or facilities. within 18 months after the date of enactment TION.—The Secretary of Labor shall establish ‘‘(d) CONSTRUCTION.—Nothing in this sec- of this Act. and implement, by regulation, a program to tion shall be construed to require an em- (3) CONSTRUCTION.—Nothing in this sub- increase participation by small businesses ployer to establish an alcohol and substance section shall be construed to— (as the term is defined by the Administrator abuse testing program for applicants or em- (A) modify or amend the Hazard Commu- of the Small Business Administration) in the ployees or make employment decisions based nication standard published at section voluntary protection program through out- on such test results. 1910.1200 of title 29, Code of Federal Regula- reach and assistance initiatives and devel- ‘‘(e) PREEMPTION.—The provisions of this tions, the Process Safety Management of section shall not preempt any provision of oping program requirements that address the Highly Hazardous Chemicals standard pub- State law to the extent that such State law needs of small businesses. lished at section 1910.119 of such title 29, or is inconsistent with this section. any other provision of law; and SEC. 10. PREVENTION OF ALCOHOL AND SUB- ‘‘(f) INVESTIGATIONS.—The Secretary is au- STANCE ABUSE. (B) authorize the Secretary of Labor to in- thorized to conduct testing of employees (in- clude in the model material safety data The Act (29 U.S.C. 651 et seq.) is amended cluding managerial personnel) of an em- by adding at the end the following: sheet developed under this subsection any ployer for use of alcohol or controlled sub- suggestion or recommendation as to permis- ‘‘SEC. 34. ALCOHOL AND SUBSTANCE ABUSE stances during any investigations of a work- sible or appropriate workplace exposure lev- TESTING. related fatality or serious injury.’’. els for these chemicals. ‘‘(a) PROGRAM PURPOSE.—In order to secure SEC. 11. DISCRETIONARY COMPLIANCE ASSIST- (4) AUTHORIZATION OF APPROPRIATIONS.— a safe workplace, employers may establish ANCE. There are authorized to be appropriated to Subsection (a) of section 9 of the Act (29 and carry out an alcohol and substance the Department of Labor such sums as may abuse testing program in accordance with U.S.C. 658(a)) is amended to read as follows: ‘‘(a)(1) Nothing in this Act shall be con- be necessary to carry out this subsection. subsection (b). (b) GLOBALLY HARMONIZED SYSTEM COMMIS- strued as prohibiting the Secretary or the ‘‘(b) FEDERAL GUIDELINES.— SION.— authorized representative of the Secretary ‘‘(1) REQUIREMENTS.—An alcohol and sub- (1) ESTABLISHMENT.—Not later than 6 from providing technical or compliance as- stance abuse testing program described in months after the date of enactment of this sistance to an employer in correcting a vio- subsection (a) shall meet the following re- Act, there shall be established a commission, lation discovered during an inspection or in- quirements: to be known as the Global Harmonization vestigation under this Act without issuing a ‘‘(A) SUBSTANCE ABUSE.—A substance abuse Commission (referred to in this subsection as testing program shall permit the use of an citation. ‘‘(2) Except as provided in paragraph (3), if, the ‘‘Commission’’), to consider the imple- onsite or offsite testing. upon an inspection or investigation, the Sec- mentation of the United Nations Globally ‘‘(B) ALCOHOL.—The alcohol testing compo- retary or an authorized representative of the Harmonized System of Classification and La- nent of the program shall take the form of Secretary believes that an employer has vio- beling of Chemicals to improve chemical alcohol breath analysis and shall conform to lated a requirement of section 5, of any regu- hazard communication and to make rec- any guidelines developed by the Secretary of lation, rule, or order promulgated pursuant ommendations to Congress. Transportation for alcohol testing of mass to section 6, or of any regulations prescribed (2) MEMBERSHIP.—The Commission shall be transit employees under the Department of pursuant to this Act, the Secretary may composed of 13 members of whom— Transportation and Related Agencies Appro- with reasonable promptness issue a citation (A) 1 shall be the Secretary of Labor; priations Act, 1992. to the employer. Each citation shall be in (B) 1 shall be the Secretary of Transpor- ‘‘(2) DEFINITION.—For purposes of this sec- writing and shall describe with particularity tation; tion the term ‘alcohol and substance abuse the nature of a violation, including a ref- (C) 1 shall be the Secretary of Health and testing program’ means any program under erence to the provision of the Act, regula- Human Services; which test procedures are used to take an tion, rule, or order alleged to have been vio- (D) 1 shall be the Administrator of the En- analyze blood, breath, hair, urine, saliva, or lated. The citation shall fix a reasonable vironmental Protection Agency; other body fluids or materials for the pur- time for the abatement of the violation. (E) 1 shall be the Chairman of the Con- pose of detecting the presence or absence of ‘‘(3) The Secretary or the authorized rep- sumer Product Safety Commission; and alcohol or a drug or its metabolites. In the resentative of the Secretary— (F) 8 shall be appointed by the Secretary of case of urine testing, the confirmation tests ‘‘(A) may issue a warning in lieu of a cita- Labor, of whom— must be performed in accordance with the tion with respect to a violation that has no (i) 2 shall be representatives of manufac- mandatory guidelines for Federal workplace significant relationship to employee safety turers of hazardous chemicals, including a testing programs published by the Secretary or health; and representative of small businesses; of Health and Human Services on April 11, ‘‘(B) may issue a warning in lieu of a cita- (ii) 2 shall be representatives of employers 1988, at section 11979 of title 53, Code of Fed- tion in cases in which an employer in good who are extensive users of hazardous chemi- eral Regulations (including any amendments faith acts promptly to abate a violation if cals supplied by others, including a rep- to such guidelines). Proper laboratory proto- the violation is not a willful or repeated vio- resentative of small businesses; cols and procedures shall be used to assure lation.’’. (iii) 2 shall be representatives of labor or- accuracy and fairness and laboratories must SEC. 12. HAZARD COMMUNICATION. ganizations; and be subject to the requirements of subpart B (a) MODEL MATERIAL SAFETY DATA (iv) 2 shall be occupational safety and of the mandatory guidelines, State certifi- SHEETS.— health professionals with expertise in chem- cation, the Clinical Laboratory Improve- (1) PURPOSE.—It is the purpose of this sec- ical hazard communications. ments Act of the College of American Pa- tion to assist chemical manufactures and im- (3) CHAIR AND VICE-CHAIR.—The members of thologists. porters in preparing material safety data the Commission shall select a chair and vice- ‘‘(c) TEST REQUIREMENTS.—This section sheets pursuant to the requirements of the chair from among its members. shall not be construed to prohibit an em- Hazard Communication standard published (4) DUTIES.— ployer from requiring— at section 1910.1200 of title 29, Code of Fed- (A) STUDY AND RECOMMENDATIONS.—The ‘‘(1) an applicant for employment to sub- eral Regulations, and to improve the accu- Commission shall conduct a thorough study mit to and pass an alcohol or substance racy, consistency, and comprehensibility of of, and shall develop recommendations on, abuse test before employment by the em- such material safety data sheets. the following issues relating to the global ployer; or (2) MODEL MATERIAL SAFETY DATA SHEETS harmonization of hazardous chemical com- ‘‘(2) an employee, including managerial FOR HIGHLY HAZARDOUS CHEMICALS.—The Sec- munication: personnel, to submit to and pass an alcohol retary of Labor shall develop model material (i) Whether the United States should adopt or substance abuse test— safety data sheets for the list of highly haz- any or all of the elements of the United Na- ‘‘(A) on a for-cause basis or where the em- ardous chemicals contained in Appendix A to tion’s Globally Harmonized System of Clas- ployer has reasonable suspicion to believe the Process Safety Management of Highly sification and Labeling of Chemicals (re- that such employee is using or is under the Hazardous Chemicals standard published at ferred to in this subsection and the ‘‘Glob- influence of alcohol or a controlled sub- section 1910.119 of title 29, Code of Federal ally Harmonized System’’). stance; Regulations. Such model material safety (ii) How the Globally Harmonized System ‘‘(B) where such test is administered as data sheets shall— should be implemented by the Federal agen- part of a scheduled medical examination; (A) comply with the requirements of the cies with relevant jurisdiction, taking into ‘‘(C) in the case of an accident or incident, Hazard Communication standard published consideration the role of the States acting involving the actual or potential loss of at section 1910.100 of such title 29; under delegated authority.

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8701 (iii) How the Globally Harmonized System the Department of Labor, such sums as may and am confident new changes and new pro- compares to existing chemical hazard com- be necessary to carry out this subsection. tection will come from this hearing. God munication laws and regulations, including (c) HAZARD COMMUNICATION DEMONSTRATION Bless and thank you for your courageous the Hazard Communication standard pub- PROJECTS.— stand for all American workers. lished at section 1910.1200 of title 29, Code of (1) IN GENERAL.—Section 20(a) of the Act Yours, Federal Regulations. (29 U.S.C. 670(a)) is amended by adding at the RON HAYES. (iv) A consideration of the impact of adopt- end the following: ing the Globally Harmonized System on the ‘‘(8) Subject to the availability of appro- By Mr. LUGAR (for himself, Mr. consistency, effectiveness, comprehensive- priations, the Secretary of Health and ALEXANDER, Mr. BROWNBACK, ness, timing, accuracy, and comprehen- Human Services, after consultation with the Mr. HAGEL, and Mr. LEAHY): sibility of chemical hazard communication Secretary, shall award grants to one or more S. 2720. A bill to provide assistance in the United States. qualified applicants in order to carry out a for the crisis in Sudan, and for other (v) A consideration of the impact of adopt- demonstration project to development, im- purposes; to the Committee on Foreign ing the Globally Harmonized System on oc- plement, or evaluate strategies or programs Relations. cupational safety and health in the United to improve chemical hazard communication Mr. LUGAR. Mr. President, I rise in the workplace through the use of tech- States. today to introduce the Comprehensive (vi) A consideration of the impact of adopt- nology, which may include electronic or Internet-based hazard communication sys- Peace in Sudan Act. This bill is in- ing the Globally Harmonized System on tort, tended to address both the immediate insurance, and workers compensation laws in tems.’’. the United States. (2) AUTHORIZATION OF APPROPRIATIONS.— crisis in the Darfur region of Sudan (vii) A consideration of the impact of There are authorized to be appropriated such and to support a comprehensive peace adopting the Globally Harmonized System sums as may be necessary to carry out the in all of that country. It would author- on the ability to bring new products to the amendment made by paragraph (1). ize $300 million to respond to the un- market in the United States. SEC. 13. CRIMINAL PENALTIES. folding catastrophe in Darfur for the (viii) A consideration of the cost and bene- Subsection (e) of section 17 of the Act (29 next fiscal year and to provide addi- fits of adopting the Globally Harmonized U.S.C. 666(e)) is amended— tional funds to begin reconstruction in System to businesses, including small busi- (1) by striking ‘‘fine of not more than Sudan upon the conclusion of a viable, $10,000’’ and inserting ‘‘fine in accordance nesses, in the United States. comprehensive peace. (ix) Effective compliance assistance, train- with section 3571 of title 18, United States Code’’; Events in Darfur constitute a moral ing, and outreach to help chemical manufac- and humanitarian tragedy of incredible turers, importers, and users, particularly (2) by striking ‘‘six months’’ and inserting small businesses, understand and comply ‘‘18 months’’; proportions. The people of the Darfur with the Globally Harmonized System. (3) by striking ‘‘fine of not more than region of Sudan are experiencing the (B) REPORT.—Not later than 18 months $20,000’’ and inserting ‘‘fine in accordance full force of an ethnic cleansing cam- after the date of enactment of this Act, the with section 3571 of title 18, United States paign by the Government of Sudan. Nu- Commission shall submit to the appropriate Code’’; and merous credible reports by U.S. and committees of Congress a report containing (4) by striking ‘‘1 year’’ and inserting ‘‘3 U.N. officials indicate that the Suda- a detailed statement of the findings and con- years’’. nese Government has armed and em- clusions of the Commission, together with ployed a militia of Arab Sudanese, its recommendations for such legislation as MARCH 15, 2004. Re hearing on Hazard Communication called Janjaweed, to join it in a coordi- the Commission considers appropriate. nated effort to kill and rape Darfur in- (5) POWERS.— (MSDS) March 25, 2004. habitants and systematically destroy (A) HEARINGS.—The Commission may hold Hon. MICHAEL B. ENZI, such hearings, sit and act at such times and Washington, DC. homes, villages, and all means of sub- places, take such testimony, and receive DEAR SENATOR ENZI: Honorable Senators, sistence. This campaign has killed tens such evidence as the Commission considers staff and witnesses, it is an honor for me to of thousands of people and displaced 1.2 advisable to carry out this section. The Com- have a small part in this most important million African Sudanese of which mission shall, to the maximum extent pos- hearing. I am very proud to have worked 200,000 are now refugees in Chad. A sec- sible, use existing data and research to carry with you great statesmen over the years to ond phase of this campaign may prove out this section. better safety and health for our great Amer- to have the most devastating effect (B) INFORMATION FROM FEDERAL AGENCIES.— ican workers. Your work today in this hear- through the onset of famine and dis- The Commission may secure directly from ing could be the most important advance- ease—unless, the international commu- any Federal department or agency such in- ment of OSHA’s mission ever undertaken nity responds quickly. formation as the Commission considers nec- and more importantly provide guidance, essary to carry out this section. Upon re- leadership and much needed closer oversight The United Nations is meeting sig- quest by the Commission, the head of such to a slow moving, backward agency. nificant obstacles to providing life-sav- department or agency shall promptly furnish No other standard or regulation in OSHA’s ing food, medicine, and shelter to the such information to the Commission. responsibility covers or protects workers as displaced Sudanese. The Sudanese Gov- (C) POSTAL SERVICES.—The Commission much as the Hazard Communication stand- ernment has established bureaucratic may use the United States mails in the same ard does and especially the MSDS section of and administrative obstacles to the manner and under the same conditions as this standard. MSDS effects every worker ev- provision of assistance. In addition, the other departments and agencies of the Fed- eryday on every job. Other standards cover international community has not pro- eral Government. many issues for the workers but the MSDS vided adequate resources given the (6) PERSONNEL MATTERS.— paperwork is used millions of times each magnitude of the human suffering in (A) COMPENSATION; TRAVEL EXPENSES.— workday, and the accuracy of these sheets or Each member of the Commission shall serve of paramount importance for the complete Darfur. The United States has been without compensation but shall be allowed protection of our most important resource pressing for a more vigorous response travel expenses, including per diem in lieu of our great American workers. to this humanitarian crisis. This bill subsistence, at rates authorized for employ- These men and women work and toil every- would support diplomatic efforts al- ees of agencies under subchapter I of chapter day to bring a better way of life for us all, ready underway and ensure a signifi- 57 of title 5, United States Code, while away they deserve to go home safe and sound ev- cant flow of funding. from their homes or regular places of busi- eryday, to have the opportunity to live a I am hopeful that Senators will join ness in the performance of services for the long and happy life, free of injury and sick- me in passing this bill quickly. Commission. ness. No one should die, be hurt or made sick I ask unanimous consent that the (B) STAFF AND EQUIPMENT.—The Depart- at work. text of the bill be printed in the ment of the Labor shall provide all financial, I can only pray that you will be so moved RECORD. administrative, and staffing requirements by God today, to make the much needed There being no objection, the bill was for the Commission including— changes to this problem and find new ways (i) office space; to make sure all MSDS sheets are readable, ordered to be printed in the RECORD, as (ii) furnishings; and understandable and correct. Education and follows: (iii) equipment. information is the key, please help make the S. 2720 (7) TERMINATION.—The Commission shall changes that will protect all of our workers Be it enacted by the Senate and House of Rep- terminate on the date that is 90 days after all the time. resentatives of the United States of America in the date on which the Commission submits Please forgive me for being absent today Congress assembled, the report required under paragraph (3)(B). but I look forward to working with you and SECTION 1. SHORT TITLE. (8) AUTHORIZATION OF APPROPRIATIONS.— this great committee in the future. I know in This Act may be cited as the ‘‘Comprehen- There are authorized to be appropriated to my heart you will do the right thing today sive Peace in Sudan Act’’.

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8702 CONGRESSIONAL RECORD — SENATE July 22, 2004 SEC. 2. DEFINITIONS. Chad in an illegal effort to pursue Sudanese Darfur region immediately to investigate In this Act: civilians seeking refuge in Chad. war crimes and crimes against humanity, to (1) APPROPRIATE CONGRESSIONAL COMMIT- (11) In addition to the thousands of violent develop a more accurate portrayal of the sit- TEES.—The term ‘‘appropriate congressional deaths directly caused by ongoing Sudanese uation on the ground and best inform the re- committees’’ means the Committee on For- military and government sponsored port required in section 11(b) of the Sudan eign Relations of the Senate and the Com- Janjaweed attacks in the Darfur region, the Peace Act; mittee on International Relations of the Government of Sudan has restricted humani- (6) the United States and the international House of Representatives. tarian and human rights workers’ access to community should use all necessary means (2) JEM.—The term ‘‘JEM’’ means the Jus- the Darfur area, primarily through bureau- to assist in the immediate deployment of the tice and Equality Movement. cratic and administrative obstruction and full mandated African Union contingent of (3) SPLM.—The term ‘‘SPLM’’ means the delays in an attempt to inflict the most dev- 100 monitors and a security force of 300, and Sudan People’s Liberation Movement. astating harm on those displaced from their work to increase the authorized level to that (4) SLA.—The term ‘‘SLA’’ means the Su- villages and homes without any means of which properly addresses the gravity and danese Liberation Army. sustenance or shelter. scope of the problem in a region the size of SEC. 3. FINDINGS. (12) The Government of Sudan’s continued France; Congress makes the following findings: support for the Janjaweed and their obstruc- (7) the President should immediately name tion of the delivery of food, shelter, and med- a new Special Envoy to Sudan to further ef- (1) A comprehensive peace agreement for ical care to the Darfur region— forts begun by John Danforth and to allow Sudan, as envisioned in the Sudan Peace Act (A) is estimated to be causing 500 deaths the United States to continue to lead the (50 U.S.C. 1701 note), and in the Machakos each day; and peace effort toward a comprehensive and sus- Protocol of 2002, is in grave jeopardy. (B) is projected to escalate to 1,200 deaths tainable peace in Sudan; (2) Since 1989, the Government of Sudan each day by August 2004, and 2,400 deaths (8) the President should use all means to has repeatedly engaged in and sponsored or- each day by December 2004, so that even a facilitate a comprehensive solution to the chestrated campaigns of attacking and dis- best-case scenario will likely result in the conflict in Sudan, including by directing the locating targeted civilian populations, dis- death of more than 320,000 people between United States Permanent Representative to rupting their ability to sustain themselves, April 1, 2004 and December 31, 2004. the United Nations to pursue a resolution of and subsequently restricting assistance to (13) The Government of Chad in N’Djamena the United Nations Security Council that— those displaced in a coordinated policy of served an important role in facilitating the (A) condemns the actions of the Govern- ethnic cleansing and Arabization that is Darfur Humanitarian Cease-fire dated April ment of Sudan in engaging in an orches- most recently evident in the Darfur region of 8, 2004 for the Darfur region between the trated campaign of ethnic cleansing in Sudan. Government of Sudan and the 2 opposition Darfur; (3) In response to 2 decades of civil conflict rebel groups in Darfur (the JEM and the (B) calls on the Government of Sudan to in Sudan, the United States has helped to es- SLA) although both sides have violated it re- cease support of ethnic cleansing and the tablish an internationally supported peace peatedly. killing of innocent civilians, disarm the process to promote a negotiated settlement (14) The Government and people of Chad Janjaweed militias, prevent such militias to the war that has resulted in a framework have allowed the entry of 200,000 refugees from harassing and killing civilians, and en- peace agreement, the Nairobi Declaration on from the Darfur region of Sudan and have sure immediate access for all humanitarian the Final Phase of Peace in the Sudan signed generally facilitated the delivery of inter- assistance to all areas of Darfur; June 5, 2004. national humanitarian assistance, although (C) calls on all parties to the conflict in (4) At the same time that the Government logistical obstacles remain a challenge in a the Darfur region to permit unimpeded deliv- of Sudan was negotiating for a final country- crisis that is taxing the people of eastern ery of humanitarian assistance directly to wide peace, enumerated in the Nairobi Dec- Chad and the refugees. Darfur and to allow such assistance to cross laration on the Final Phase of Peace in the (15) The cooperation and mediation of the directly from countries that border Sudan, Sudan, it refused to engage in any discussion SPLM is critical to bringing about a polit- and abide by the Darfur Humanitarian with regard to its ongoing campaign of eth- ical settlement between the Government of Cease-fire dated April 8, 2004; nic cleansing in the region of Darfur. Sudan, the SLA, and the JEM. (D) calls on the Government of Sudan to (5) According to United States and United SEC. 4. SENSE OF CONGRESS REGARDING THE provide all assistance possible, including re- Nations officials, the Government of Sudan CONFLICT IN DARFUR, SUDAN. lease of its strategic food reserves to respond has engaged in an orchestrated campaign, (a) SUDAN PEACE ACT.—It is the sense of to the Darfur crisis; with the assistance of its Arab Sudanese Congress that the Sudan Peace Act (50 U.S.C. (E) calls on the international community, proxy militia, the Janjaweed, to cleanse a 1701 note) remains relevant and should be ex- particularly those countries with strong eco- significant part of the ethnically African tended to include the Darfur region of nomic ties to Sudan, to expedite the provi- population from North Darfur, West Darfur, Sudan. sion of humanitarian assistance to Darfur; and South Darfur, Sudan. (b) ACTIONS TO ADDRESS THE CONFLICT.—It (F) endorses the African Union Observer (6) The United Nations High Commissioner is the sense of Congress that— and Protection Force now deploying to the for Human Rights identified ‘‘massive (1) a legitimate countrywide peace in Darfur region of Sudan; human rights violations in Darfur per- Sudan will only be possible if the principles (G) establishes an international commis- petrated by the Government of Sudan and and purpose of the Machakos Protocol of 2002 sion of inquiry to examine the actions and the Janjaweed, which may constitute war and the Nairobi Declaration on the Final accountability of those responsible for war crimes and/or crimes against humanity’’. Phase of Peace in the Sudan signed June 5, crimes and crimes against humanity that (7) Evidence collected by international ob- 2004, negotiated with the SPLM, should have precipitated and perpetuated the hu- servers in the Darfur region between Janu- apply to all of Sudan and to all of the people manitarian crisis in the Darfur region; and ary 2003 and July 2004 indicate a coordinated of Sudan, including the Darfur region; (H) confirms the right of all displaced Su- effort to target African Sudanese civilians in (2) the parties to the Darfur Humanitarian danese to return to their land under safe and a scorched earth policy, from both air and Cease-fire dated April 8, 2004 (the Govern- secure conditions; ground, that has destroyed African Sudanese ment of Sudan, the SLA, and the JEM) must (9) the United Nations should immediately villages, killing and driving away its people, meet their obligations under that agreement deploy a United Nations force to Sudan to while Arab Sudanese villages have been left to allow safe and immediate access of all hu- ensure an appropriate international humani- unscathed. manitarian assistance throughout the Darfur tarian response to the catastrophe in the (8) As a result of this coordinated cam- region and must expedite the conclusion of a Darfur region; paign that may well constitute genocide, re- political agreement to end the conflict in (10) sanctions should be imposed on the as- ports indicate tens of thousands of African Darfur; sets and activities of those Sudanese govern- Sudanese civilians killed, the systematic (3) the United States should continue to ment officials and other individuals that are rape of hundreds of women and girls, the de- provide humanitarian assistance to the areas involved in carrying out the policy of ethnic struction of hundreds of Fur, Masalit, and of Sudan to which the United States has ac- cleansing in the Darfur region; and Zaghawa villages and other ethnically Afri- cess and, at the same time, develop a plan (11) the Government of the United States can populations, including the poisoning of similar to that described in section 10 of the should not normalize relations with Sudan, their wells and the plunder of crops and cat- Sudan Peace Act to provide assistance to the including through the lifting of any sanc- tle upon which they sustain themselves. areas of Sudan to which United States access tions, until the Government of Sudan agrees (9) According to the United Nations High has been obstructed or denied; to and implements a comprehensive peace Commissioner for Refugees, 1,200,000 people (4) the international community, including agreement for all areas of Sudan, including have been displaced in the Darfur region of African, Arab, and Muslim nations, should Darfur. Sudan of whom nearly 200,000 have been immediately provide logistical, financial, in- SEC. 5. AMENDMENTS TO THE SUDAN PEACE ACT. forced to flee to Chad as refugees. kind, and personnel resources necessary to (a) ASSISTANCE FOR THE CRISIS IN DARFUR (10) Even as refugees were fleeing Sudan, save the lives of hundreds of thousands of in- AND FOR COMPREHENSIVE PEACE IN SUDAN.— the Government of Sudan conducted aerial dividuals in the Darfur crisis; (1) IN GENERAL.—The Sudan Peace Act (50 attack missions and deadly raids across the (5) the United States Ambassador-at-Large U.S.C. 1701 note) is amended by adding at the international border between Sudan and for War Crimes should travel to Chad and the end the following new section:

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8703 ‘‘SEC. 12. ASSISTANCE FOR THE CRISIS IN (b) REPORTING REQUIREMENT.—Section 8 of likely to step up to the challenge and DARFUR AND FOR COMPREHENSIVE the Sudan Peace Act (50 U.S.C. 1701 note) is improve performance. PEACE IN SUDAN. amended in the first sentence by striking For example, a number of professors ‘‘(a) ASSISTANCE TO SUPPORT A COMPREHEN- ‘‘Sudan.’’ and inserting ‘‘Sudan, including and teachers of history have worried SIVE FINAL PEACE AGREEMENT AND TO RE- the conflict in the Darfur region.’’. that because of the emphasis in No SPOND TO THE HUMANITARIAN CRISIS IN SEC. 6. REQUIREMENT FOR REPORT. Child Left Behind on reading and DARFUR.— (a) REQUIREMENT.—Not later than 60 days ‘‘(1) AUTHORITY.—Subject to the require- after the date of enactment of this Act, the mathematics, that history would be ments of this section, the President is au- President shall submit to the appropriate left behind. There are two answers to thorized to provide assistance for Sudan to congressional committees a report on the that. One is, if our citizens cannot support the implementation of a comprehen- planned United States response to a com- read, they are not going to know much sive peace agreement that applies to all re- prehensive peace agreement for Sudan. history, except from watching the His- gions of Sudan, including the Darfur region, (b) CONTENT.—The report required by sub- tory Channel, which is a pretty good and to address the humanitarian and human section (a) shall include— way, and another answer is there is a rights crisis in the Darfur region and its im- (1) a description of the planned United pact on eastern Chad. States response to a modified peace process specific provision in the No Child Left ‘‘(2) REQUIREMENT FOR CERTIFICATION.— between the Government of Sudan and the Behind Act, which we call the Byrd Notwithstanding section 501(a) of the Assist- SPLM that would account for the implemen- grants, after Senator BYRD, providing ance for International Malaria Control Act tation of a peace in all regions of Sudan, in $100 million a year to school districts (Public Law 106–570; 50 U.S.C. 1701 note), as- particular Darfur; across the country for the teaching of sistance authorized under this section may (2) a contingency plan for extraordinary traditional American history. Those be provided to the Government of Sudan humanitarian assistance should the Govern- programs are in full flourish in Ten- only if the President submits the certifi- ment of Sudan continue to obstruct or delay nessee, North Carolina, and many parts cation described in paragraph (3). the international humanitarian response to ‘‘(3) CERTIFICATION FOR THE GOVERNMENT OF the crisis in Darfur, Sudan. of this country. They are excellent pro- SUDAN.—The certification referred to in (c) FORM OF REPORT.—The report required grams. paragraph (2) is a certification submitted by by subsection (a) may be submitted in classi- When you combine those with the We the President to the appropriate congres- fied form. the People Project of the National En- sional committees that the Government of dowment of the Humanities—I at- Sudan has taken demonstrable steps to— By Mr. ALEXANDER (for himself tended one of their workshops in Nash- ‘‘(A) ensure that the armed forces of Sudan and Mr. KENNEDY): ville on Friday. Forty teachers across and any associated militias are not commit- S. 2721. A bill to amend the National the country met at Andrew Jackson’s ting atrocities or obstructing human rights Assessment of Educational Progress home, the Hermitage. monitors or the provision of humanitarian Authorization Act to require State assistance or human rights monitors; We are doing more to put this in the ‘‘(B) demobilize and disarm militias sup- academic assessments of student rightful place. The bill Senator KEN- ported or created by the Government of achievement in United States history, NEDY and I offer today is one more ef- Sudan; and for other purposes; to the Com- fort of putting the teaching of Amer- ‘‘(C) allow full and unfettered humani- mittee on Health, Education, Labor, ican history and civics back where it tarian assistance to all regions of Sudan, in- and Pensions. belongs. cluding Darfur; Mr. ALEXANDER. Mr. President, I We could certainly use improvement ‘‘(D) allow an international commission of rise today to introduce the American in the teaching of American history. inquiry to conduct its investigation of atroc- History Achievement Act. I am pleased ities in the Darfur region and Khartoum, According to the National Assessment preserve evidence of atrocities and prosecute to be joined in this effort by the Sen- of Education Progress, commonly re- those responsible for war crimes and crimes ator from Massachusetts, Mr. KEN- ferred to as the Nation’s report card, against humanity; and NEDY. This is part of my effort to put fewer students have a basic under- ‘‘(E) cooperate fully with the African the teaching of American history and standing of American history than Union and all other observer and monitoring civics back in its rightful place in our have a basic understanding of any missions mandated to operate in Sudan. school curriculum so our children can other subject which we test, including ‘‘(4) SUSPENSION OF ASSISTANCE.—If, on a grow up learning what it means to be math, science, and reading. date after the President submits the certifi- an American. cation described in paragraph (3), the Presi- When we look at our national report dent determines that the Government of This is especially appropriate on a card, American history is our chil- Sudan has ceased taking the actions de- day when the September 11 report is dren’s worst subject. Yet, according to scribed in such paragraph, the President being released. We tend to think of our- recent poll results, the exact opposite shall immediately suspend the provision of selves as Americans and wonder who outcome is desired by the American any assistance to such Government until the we are and what we value and what we people. date on which the President certifies that have to defend at times when we are Hart-Teeter recently polled 1,300 the Government of Sudan has resumed tak- threatened or even frightened. This adults for the educational testing serv- ing such actions. should be a day when we should feel ice and asked what the principal goal ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— threatened. We are reminded of the ‘‘(A) IN GENERAL.—There are authorized to of education should be. The top re- be appropriated to the President to provide challenges we face. sponse: Producing literate, educated the assistance described in paragraph (1), I am especially glad that Senator students who can participate in our de- $300,000,000 for fiscal year 2005, in addition to KENNEDY has joined me in this. Senator mocracy. Twenty-six percent of re- any other funds otherwise available for such KENNEDY is especially appropriate to spondents believed that should be our purpose. Of such amount, $200,000,000 may be be a leading sponsor of this legislation. principal goal. ‘‘Teach basics: math, made available for humanitarian assistance He and his family are, in fact, part of reading’’ was selected by only 15 per- in the Darfur region of Sudan and eastern American history in a unique way. He, cent as the principal goal of education. Chad in response to the ongoing crisis, not- as well as Senator REID, Senator BYRD, withstanding any provision of law other than The late Albert Shanker of the Amer- the provisions of this section. and a number of Senators on this side ican Federation of Teachers used to ‘‘(B) AVAILABILITY.—Amounts appropriated of the aisle have been working hard in say our common schools were created pursuant to the authorization of appropria- a variety of ways to support efforts for the purpose of teaching immigrant tions under subparagraph (A) are authorized that are appropriate in the Federal children reading, writing, and arith- to remain available until expended. Government to celebrate our own his- metic, the three R’s, and what it means ‘‘(b) GOVERNMENT OF SUDAN DEFINED.—In tory. to be an American, so they could go this section, the term ‘Government of Sudan’ This modest bill provides for im- home and teach their parents. shall have the same meaning as such term proved testing of American history so They have forgotten that latter role, had immediately prior to the conclusion of we can determine where history is more and more. Our children don’t Darfur Humanitarian Cease-fire dated April being taught well and where it is being know American history because they 8, 2004.’’. (2) CONFORMING AMENDMENT.—Section 3(2) taught poorly so that improvements are not being taught. For example, the of such Act is amended by striking ‘‘The’’ can be made. We also know when test- State of Florida just passed a bill per- and inserting ‘‘Except as provided in section ing is focused on a specific subject, mitting high school students to grad- 12, the’’. States and school districts are more uate without taking a course in U.S.

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8704 CONGRESSIONAL RECORD — SENATE July 22, 2004 history. When our children are not should be protected in law just as the SEC. 3. AMENDMENT TO THE NATIONAL ASSESS- being taught our history, they are not national anthem and Pledge of Alle- MENT OF EDUCATIONAL PROGRESS AUTHORIZATION ACT. learning what is most important. giance are. Section 303(b) of the National Assessment According to Harvard scholar Samuel Today we are putting a new focus on of Educational Progress Authorization Act Huntington, a 1987 study of high school the teaching of American history. Our (20 U.S.C. 9622(b)) is amended— students found more who knew who children are growing up ignorant of our (1) in paragraph (2)(D), by inserting ‘‘(with Harriet Tubman was than knew Wash- Nation’s history. Yet a recent poll tells a priority in conducting assessments in his- ington commanded the American Army us that Americans believe the principal tory not less frequently than once every 4 in the Revolution, or that Abraham goal of education is ‘‘producing lit- years)’’ after ‘‘subject matter’’; and (2) in paragraph (3)(A)— Lincoln wrote the Emancipation Proc- erate, educated citizens who can par- ticipate in our democracy.’’ It is time (A) in clause (iii)— lamation. I am all for teaching about (i) by inserting ‘‘except as provided in Harriet Tubman and teaching about to put the teaching of American his- clause (v),’’ before ‘‘may conduct’’; and the history of the Underground Rail- tory and civics back in its rightful (ii) by striking ‘‘and’’ after the semicolon; road. My ancestor, the Rev. John place in our schools so our children can (B) in clause (iv), by striking the period at Rankin, like Harriet Tubman, was a grow up learning what it means to be the end and inserting ‘‘; and’’; and conductor on the Underground Rail- an American. (C) by adding at the end the following: Our diversity is a prized value in the road. I would like for more children to ‘‘(v) shall conduct trial State academic as- United States. But more prized is that sessments of student achievement in United know about them both. But surely chil- we have been able to turn all that di- States history in grades 8 and 12 in not less dren ought to learn first about the versity into one nation. Our motto is: than 10 States representing geographically most critical leaders and events in the ‘‘e pluribus unum,’’ not the other way diverse regions of the United States.’’. Revolution and in the Civil War. around. It is: ‘‘one from many.’’ SEC. 4. NATIONAL ASSESSMENT GOVERNING Let me give a couple of examples of BOARD. One thing we have in common is our Section 302(e)(1) of the National Assess- how bad things have gotten. The fourth history, and we should teach it. This grade NAEP test asked students to ment of Educational Progress Authorization bill takes us one step closer to achiev- Act (20 U.S.C. 9621(e)(1)) is amended— identify the following passage: ing that noble goal. I urge my col- (1) in subparagraph (I), by striking ‘‘and’’ We hold these truths to be self-evident: leagues to support the legislation. after the semicolon; That all men are created equal; that they are I ask unanimous consent that the (2) by redesignating subparagraph (J) as endowed by their Creator with certain text of the bill be printed in the subparagraph (K); unalienable rights; among these are life, lib- RECORD. (3) in the flush matter at the end, by strik- erty, and the pursuit of happiness . . . There being no objection, the bill was ing ‘‘subparagraph (J)’’ and inserting ‘‘sub- Students were given four choices for ordered to be printed in the RECORD, as paragraph (K)’’; and the source of that passage: the Con- follows: (4) by inserting after subparagraph (I) the following: stitution, the Mayflower Compact, the S. 2721 Declaration of Independence, the Arti- ‘‘(J) in consultation with the Commis- Be it enacted by the Senate and House of Rep- sioner for Education Statistics, identify and cles of Confederation. Only 46 percent resentatives of the United States of America in select the States that will participate in the of students answered correctly, that it Congress assembled, trial State academic assessments described came from the Declaration of Inde- SECTION 1. SHORT TITLE. in section 303(b)(3)(A)(v); and’’. pendence. This Act may be cited as the ‘‘American SEC. 5. AUTHORIZATION OF APPROPRIATIONS. The eighth grade test asked, Imagine History Achievement Act’’. Section 303(b)(3) of the National Assess- you could use a time machine to visit SEC. 2. FINDINGS. ment of Educational Progress Authorization the past. You have landed in Philadel- Congress finds that— Act (20 U.S.C. 9622(b)(3)) is amended by add- (1) the 2001 National Assessment of Edu- phia in the summer of 1776. Describe an ing at the end the following: cational Progress assessment in United ‘‘(D) AUTHORIZATION OF APPROPRIATIONS.— important event that is happening. States history had the largest percentage of There are authorized to be appropriated to Nearly half the students, 46 percent, students scoring below basic of any subject carry out subparagraph (A)(v) $5,000,000 for were not able to answer the question that was tested, including mathematics, each of fiscal years 2005 and 2006 and such correctly, that the Declaration of Inde- science, and reading; and sums as may be necessary for each suc- pendence was being signed. (2) in the 2001 National Assessment of Edu- ceeding fiscal year.’’. This legislation aims to help in the cational Progress assessment in United SEC. 6. CONFORMING AMENDMENT. effort to do something about that. The States history— Section 113(a)(1) of the Education Sciences American History Achievement Act (A) 33 percent of students in grade 4 scored Reform Act of 2002 (20 U.S.C. 9513(a)(1)) is below basic, 36 percent of students in grade 8 gives the national assessment gov- amended by striking ‘‘section 302(e)(1)(J)’’ scored below basic, and 57 percent of stu- and inserting ‘‘section 302(e)(1)(K)’’. erning board the authority to admin- dents in grade 12 scored below basic; Mr. KENNEDY. Mr. President, it’s a ister a 10-State pilot study for the (B) 92 percent of students in grade 12 could privilege to join Senator ALEXANDER in NAEP test in U.S. history in 2006. The not explain the most important cause of the introducing the American History board already has the authority for Great Depression after reading a paragraph Achievement Act. This bill is part of a reading, math, science, and writing. delineating 4 significant reasons; continuing effort to renew the national The pilot program should collect (C) 91 percent of students in grade 8 could commitment to teaching in the Na- enough data to attain a State-by-State not ‘‘list two issues that were important in causing the Civil War’’ and ‘‘list the North- tion’s public schools. It lays the foun- comparison of 8th and 12th grade stu- ern and Southern positions on each of these dation for more effective ways of dent knowledge and understanding of issues’’; teaching children about the Nation’s history. That will allow us to know (D) 95 percent of students in grade 4 could past. The bill contains no new require- which States are doing a better job of not list ‘‘two reasons why the people we call ments for schools, but it does offer a ‘pioneers’ moved west across the United teaching American history and allow more frequent and effective analysis of other States to model their programs States’’; (E) 73 percent of students in grade 4 could how America’s schoolchildren are on those that are working well. This learning American history. legislation is part of a broader effort in not identify the Constitution from among 4 choices as ‘‘the document that contains the Our economy and our future security the Senate. basic rules used to run the United States rely on good schools that help students Earlier this year, Senator REID of Ne- government’’; develop specific skills, such as reading vada, Senator KENNEDY, and I and oth- (F) 75 percent of students in grade 4 could and math. But the strength of our de- ers joined with Senators to pass the not identify ‘‘the three parts of the federal mocracy and our standing in the world American History and Civics Education (national) government of the United States’’ also depend on ensuring that children Act, by unanimous vote, to create sum- out of 4 possible choices; have a basic understanding of the Na- mer academies for teachers and stu- (G) 94 percent of students in grade 8 could tion’s past. dents of American history. Senator not ‘‘give two reasons why it can be useful for a country to have a constitution’’; and Helping to instill appreciation of SCHUMER and I have introduced a bill (H) 91 percent of students in grade 12 were America’s past should be an important to codify the oath of allegiance which unable to ‘‘explain two ways that democratic mission of public schools. Thanks to immigrants take when sworn in as new society benefits from citizens actively par- the hard work of large numbers of his- citizens of the United States. The oath ticipating in the political process’’. tory teachers in classrooms throughout

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8705 America, we’re making progress. Re- teacher mentoring, so that teachers the 1964 Wilderness Act and the 20th sults from the most recent assessment are well prepared to use interdiscipli- anniversary of the Oregon Wilderness under the NAEP show that fourth and nary methods in their lesson plans. bill from 1984. eighth graders are improving their Our bill today takes several impor- But perhaps most importantly, 2004 knowledge of U.S. history. Research tant steps to strengthen the teaching marks the bicentennial of the single conducted in history classrooms shows of American history, and raise the most important exploratory committee that children are using primary standing of history in school curricu- ever to be launched by this Federal sources and documents more often to lums. Through changes to the National government: the Lewis and Clark Expe- explore history, and are being assigned Assessment for Educational Progress, dition. historical and biographical readings by schools will be better able to achieve I can see no better way to mark this their teachers more frequently. success on this important issue. auspicious year than by enacting a new But much more remains to be done to First, we propose a more frequent na- Oregon Wilderness bill, the ‘‘Lewis and advance the understanding of Amer- tional assessment of children in Amer- Clark Mount Hood Wilderness Act of ican history, and to see that the teach- ican history under the NAEP. For 2004,’’ which includes, in tribute to the ing of history is not left behind in years, NAEP has served as the gold great river-dependent journey of Lewis classrooms. standard for measuring the progress of and Clark, the addition of five free- A recent study by Dr. Sheldon students and reporting on that flowing stretches of rivers to the Na- Stern—the Chief Historian Emeritus at progress. Students last participated in tional Wild and Scenic River System. my brother’s Presidential Library— the U.S. history NAEP in 2001, and that In the last few years, some of Or- suggests that state standards for assessment generated encouraging re- egon’s most important treasures have teaching American history need im- sults. But the preceding assessment— been Congressionally protected: Steens provement. His research reveals that 22 with which we can compare data—was Mountain is now home to 170,000 acres States have American history stand- administered in 1994—too long before of Wilderness; the Little Sandy water- ards that are either weak or lack clear to be of real assistance. shed is now part of the Bull Run Man- chronology, appropriate political and It makes sense to measure the agement Unit and will help provide historical context, or sufficient infor- knowledge and skills of children more drinking water for over 700,000 Orego- mation about real events and people. frequently. This bill would place pri- nians; Soda Mountain has been des- As many as 9 States still have no ority on administering the national ignated a National Monument; and the standards at all for American history. U.S. history NAEP assessment, to gen- Ft. Clatsop National Memorial has Good standards matter. They’re the erate a more timely picture of student been expanded and is the subject of leg- foundation for teaching and learning in progress. We should have an idea of islation under consideration by this au- every school. With the right resources, children’s knowledge and skills in gust body, as I speak, to make it Or- time, and attention, it’s possible to de- American history more often than egon’s second National Park. velop creative and effective history every 6 or 7 years, in order to address The wilderness bill I introduce today standards in every State. Massachu- gaps in learning. continues to encapsulate, as did the setts began to work on this effort in The bill also proposes a leap forward draft wilderness proposal that I floated 2000, through a joint review of history to strengthen state standards in Amer- on this subject in March of this year, standards that involved teachers, ad- ican history, through a new State-level the wish of the people in my State to ministrators, curriculum coordinators, assessment of U.S. history under protect but also actively relate to her and university professors. After month- NAEP. The assessment would be con- treasures. Thousands of Oregonians re- ly meetings and 3 years of development ducted on an experimental and pilot sponded to my draft proposal—far more and revision, the State released a new basis in 10 States, in grades 8 and 12. than I ever could have expected. As a framework for teaching history in 2003. The National Assessment Governing result, this is their bill more than it is Today, our standards in American his- Board would ensure that States with my bill. tory and World history receive the model history standards, as well as Mount Hood and the Columbia Gorge highest marks. those that are still under development, must be protected because the people School budget problems at the local participate in this assessment. of Oregon love these areas, they are level are obviously a serious threat to Moving NAEP to the state level does proud of these areas, and they are de- these goals. Last week, 7,500 school dis- not carry any high stakes for schools. manding that we come together to pro- tricts received notice of an impending But it will provide an additional bench- tect Oregon’s treasures for this and fu- $237 million overall cut to their budg- mark for States to develop and im- ture generations. The people of Oregon ets, to take effect this fall. These cuts prove American history standards. It’s helped write this bill, and I believe the further exacerbate the current funding our hope that States will also be en- people of Oregon on a bipartisan basis crisis under the No Child Left Behind couraged to undertake improvements will be the ones who help get it passed Act. Unfortunately, courses in history in their history curricula and ensure and signed by the President. or the humanities are often the first to that American history is a beneficiary This bill I introduce today protects go. and not a victim of school reform. the lower elevation forests surrounding Other accounts report that schools America’s past encompasses great Mount Hood and the Columbia River are narrowing their curriculums away leaders and great ideas that contrib- Gorge as Lewis and Clark saw them. from the social sciences, arts, and hu- uted to our heritage and to the prin- These forests symbolize the natural manities, in favor of a more con- ciples of freedom, equality, justice, and beauty of Oregon. They provide the centrated approach to the teaching of opportunity for all. Today’s students clean water necessary for the survival reading and math in order to meet the will be better citizens in the future if of threatened steelhead, Coho and Chi- strict standards of the No Child Left they learn more about that history. nook salmon. These forests provide Behind Act. The American History Achievement critical habitat and diverse ecosystems Meeting high standards in reading Act is an important effort toward that for elk, deer, lynx and the majestic and math is important, but it should goal, and I encourage my colleagues to bald eagle. And these are the forests not come at the expense of scaling support it. that provide unparalleled recreational back teaching in other core subjects opportunities for Oregonians and our such as history. Integrating reading By Mr. WYDEN: visitors. and math with other subjects often S. 2723. A bill to designate certain But the bill I introduce today differs gives children a better way to master land in the State of Oregon as wilder- in many ways from the draft proposal literacy and number skills, even while ness, and for other purposes; to the because it responds to the many com- learning in a history or geography les- Committee on Energy and Natural Re- ments I heard in the ensuing 4 months. son. That type of innovation deserves sources. I received thousands of comments on special attention in our schools. Mak- Mr. WYDEN. Mr. President, 2004 is a the proposed legislation. Some com- ing it happen requires added invest- momentous year for wilderness in Or- ments came as a result of the general ments in teacher preparation and egon. It marks the 40th anniversary of public meetings I held in Oregon, on

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8706 CONGRESSIONAL RECORD — SENATE July 22, 2004 April 11 and 14 of this year in South- sources for nearly twice the current de- area that would join such a treasure as west Portland and in Hood River. Each mand for developed recreation like ski- Mount Hood. In this demonstration meeting lasted over 3 hours, and every- ing, power boating and sightseeing by project, Hood-PDX would be managed one who wanted to speak was given an car, but meets less than two-thirds of as wilderness though it wouldn’t be opportunity to do so. Other comments the demand for backcountry recre- wilderness. It would be a pilot project came from the second Mount Hood ation. The future is even grimmer. The encompassing over 13,000 acres and Summit held at Timberline Lodge in Management Plan goes on to project over 50 miles of trail. The mountain June hosted by Representatives WAL- that by 2040, the Mount Hood National bikers would have 10 years to establish DEN and BLUMENAUER. I and my staff Forest will only meet 16 percent of the that bikers can coexist peacefully with met with over 100 community groups demand for wilderness recreation, wild natural areas. and local governments, the members of while still meeting over 100 percent of We also made boundary adjustments the Oregon congressional delegation, the demand for mechanized recreation. to keep them on over 120 miles of trail the Governor, and the Bush adminis- This Forest Service-projected short- which they were concerned about los- tration. And still more comments came fall means an ever-increasing number ing. from letters and phone calls from Or- of Oregonians will be forced onto inad- Third, we took steps to protect our egonians. equate, existing wilderness, drastically communities—particularly Cascade What I overwhelmingly heard was impacting the mountain, its visitors, Locks, Government Camp, and Ro- the need to protect and build on Or- and its well-deserved reputation as one wena—and so this bill creates fire safe- egon’s Wilderness system is as impor- of this country’s greatest natural won- ty zones for communities in this area. tant today as it was in 1804, 1964 or ders. This legislation also reiterates the 1984—and is arguably more so—but it Of the more than 600 people who at- Forest Service’s mandate for thinning must be accompanied by tools that tended the two meetings I held in April for forest health on the Mount Hood help us create a planned future on in Oregon, 128 spoke—110 in favor of National Resources, and especially the resources to get the job done in the Mount Hood. Mount Hood is clearly more wilderness and 18 spoke in opposi- area. going to be at risk otherwise. tion. Finally, we add a proposal for devel- The Mount Hood National Forest is Additionally, I received more than oped recreation that would reestablish the eighth most visited National For- 1,100 written comments about the pro- a southside winter recreation area that est in the United States. It is one of posal and over 1,000 of those expressed encompasses those areas on the south- fourteen Forest Service-designated support for additional wilderness. I know my colleague wishes to speak. side of Mount Hood that have excep- ‘‘urban’’ national forests in the entire tional potential for commercial recre- Nation. In the 20 years that has elapsed I want to wrap up by highlighting the key areas I had Oregonians focus on in ation. since any new wilderness has been des- The protection of these important these meetings and how we responded. ignated in the Mount Hood area—wild areas will depend on the hard work and First, we heard that Oregonians felt and scenic rivers were last set aside 16 dedication of all Oregonians. I want to there was not enough wilderness. Sec- years ago, the population in local coun- particularly thank my friend and col- ond, we heard concern from some who ties has increased significantly—20 per- league Senator SMITH who meets with enjoy mountain biking that their rec- cent in Multnomah County, 24 percent me every Thursday over lunch. We talk reational opportunity would be un- in Hood River County, and 41 percent repeatedly about this issue and he has in Clackamas County. fairly curtailed. Third, we heard from been very gracious. We are going to The predominant public use of this people in the towns, mountains, and work together to address the various urban forest is non-mechanized activ- gorges about fire protection for their issues raised by our constituents and ity like hiking, camping, and fishing. communities. Fourth, we heard about raised by our colleagues in the other forest health and timber—again, a very With increasing emphasis on wild sce- body, particularly Congressmen WAL- important set of concerns for our re- nery, unspoiled wildlife habitats, free DEN, BLUMENAUER, and HOOLEY. flowing rivers, wilderness and the need gion. Finally, we were told about devel- This is a special day for Oregon. This for opportunities for diverse outdoor oped recreation with many being wor- is the formal beginning of an impor- recreation sometimes it seems—I heard ried about maintaining a role for ski- tant debate about how to protect spe- this repeatedly—we are in jeopardy of ing and other recreational pleasures on cial Oregon treasure. ‘‘loving our wild places to death.’’ Mount Hood. Mr. ALEXANDER. Madam President, A few years ago, the Forest Service In each of these five areas we took I would like to salute the Senator from made a proposal to limit the number of steps to address these concerns. Oregon. I am glad I was here to hear people that could hike the south side of First, the legislation I introduce his discussion, especially about moun- Mount Hood and the public outcry was today to respond to the call of the peo- tain bikers’ great conservation major- enormous. Seems to me, rather than ple of my State for more wilderness ity in this country. We ought to do a tell people that they are going to be re- would increase the amount we had better job of creating a bigger con- stricted from using our public lands, originally proposed by designating ap- servation majority in the Senate. We part of the solution for the future of proximately 177,000 new acres of wilder- sometimes split up on the issues, it the Mountain lies in providing more ness. would appear. But I don’t think that is opportunities for them to enjoy the These include very important areas necessary. Mountain’s great places. surrounding the oldest Mount Hood For example, I was in Idaho a couple As the Forest Service is well-aware, wilderness areas—spectacular ridges of weeks ago and took a mountain bike Mt. Hood’s non-mechanized use will in- that frame the Columbia River Gorge ride on the Hiawatha Trail which is be- crease dramatically over time, but the that all will marvel at and essential tween Idaho and Montana where the Forest Service’s own documents ac- other areas of beautiful fall colors and Milwaukee Railroad used to run from knowledge that we are not today even the best deer and elk hunting existing Chicago to Takoma. At one point, they close to ready for that eventuality. in the entire forest. were going to dig up the tracks. But The Forest Service’s current Land Second, and especially important, I this is a place where they have long and Resource Management Plan for thought the mountain bikers raised tunnels and the speculator high tres- Mount Hood, page III–36, which notes valid concerns. So we took two steps. I tles where people used to go in the the following: proposed and I am very interested in 1950s and 1960s. But now, because of the the present capability to supply recreational talking to my friend from Tennessee work by Members of this body, some on opportunities such as hiking on trails in who has such an interest in the envi- this side of the aisle, some on that side, primitive and semi-primitive non-motorized ronment and recreation, generally, that is a rails-to-trails project. On that areas is predicted to fall short of satisfying about an idea we proposed in this legis- Sunday morning, there were maybe 500 demand. lation to create a Mount Hood Ped- or 600 mountain bikers who had that According to that Forest Service aler’s Demonstration Experiment. We experience. management plan, the Mount Hood Na- call it Hood-PDX, which would in effect It made me think of something I tional Forest already provides re- be the Nation’s first mountain bike failed to do when I was Governor of our

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8707 home State. I still deeply regret it. I $10,000 a year. In 2006, she will be efit, once a senior reaches $5,100, Medi- thought toward the end of my term helped by the new law, but will still care would pay 95 percent of all drug about but couldn’t quite get done the end up paying nearly $4,000 for her pre- costs. notion of whenever we build a new scriptions. Under my, this woman will I thank Senator BOXER for all her highway we should provide for a pedes- be responsible for only $1,500 of her work on this important bill and look trian or bike trail along the side of it— costs. It will ease her burden and give forward to working together to close it is too expensive to do a lot of times her greater peace of mind. the coverage gap. on existing roads—that every time you This bill is simple; it is fair, and it I urge my colleagues to support this build a new road or widen a road, ac- will help millions of seniors across the bill. quire a little bit more right of way. If country. we had done that 20 years ago in Ten- I thank Senator MIKULSKI for joining By Mrs. BOXER: nessee, we would all be grateful for me in this effort, and I urge my col- S. 2726. A bill to amend title 49 of the that today. league to cosponsor this bill. United States Code to provide flight at- Senator LANDRIEU, Democratic Sen- Ms. MIKULSKI. Mr. President, I rise tendant security training, and for ator from Louisiana, and I are working today to join my colleague, Senator other purposes; to the Committee on on legislation called the American Out- BOXER, to introduce the Closing the Commerce, Science, and Transpor- doors legislation, to try to assure a Coverage Gap of 2004 Act. This bill tation. steady stream of revenue for the Land would fix one of the major flaws of the Mrs. BOXER. Mr. President, today, I and Water Conservation Fund for recently passed Medicare Moderniza- am introducing legislation that is im- urban parks, for the Game and Fish tion Act—the $2,850 gap in prescription portant to the security of our air trav- Commission, and other conservation drug coverage. el: ensuring that our Nation’s flight at- purposes. The Medicare bill is a hollow promise tendants receive anti-terrorist security Senator WYDEN, Senator LANDRIEU, for a prescription drug benefit for sen- training. and I are all in the same committee. I iors which talks big but delivers small. On September 11th, as we all know, look forward to working with them on It promises prescription drugs for sen- the terrorists hijacked four commer- this legislation. iors, yet it will cause over 2 million cial jets—all of which were heading to seniors to lose their drug coverage, co- California. And while I can say that air By Mrs. BOXER (for herself, Ms. erce seniors into HMOs, and do nothing travel today is more secure than it was MIKULSKI, Mr. LAUTENBERG, and to stop the soaring cost of prescription before the terrorist attacks, I still be- Mr. CORZINE): drugs. lieve that we have more to do—which S. 2725. A bill to amend the Medicare During the debate on the bill, Sen- was proven with the information re- Prescription Drug, Improvement, and ator BOXER and I worked on an amend- cently that a flight between LAX and Modernization Act of 2003 to eliminate ment to fix one of the worst flaws in Dulles is a ‘‘flight of interest.’’ There the coverage gap, to eliminate HMO the drug benefit—the coverage gap. are still threats out there. subsidies, to repeal health savings ac- When I reviewed the bill, I was appalled It is unacceptable to have loopholes counts, and for other purposes; to the to discover that the promised benefit in our aviation security—nearly 3 Committee on Finance. actually provides no drug benefit to years since the attack. Mrs. BOXER. Mr. President, in 2003 seniors for drug costs between $2,250 In addition to air marshals and the Medicare Modernization Act be- and $5,100 per year. armed pilots, flight attendants are part came law. A part of that legislation The new Medicare benefit affects sen- of the last line of defense. The most ob- continued a very modest—and fatally iors’ drug costs in two ways. First of vious case is Richard Reid—the shoe flawed—prescription drug benefit for all it, it prohibits Medicare from nego- bomber who was stopped with the help seniors. tiating better prices for seniors. I am of a flight attendant. That was a coura- One of those flaws—and it was some- fighting for legislation that would geous—and life saving—act. All flight thing I pointed out during the Senate allow Medicare to negotiate drug attendants should be trained and ready debate and offered an amendment to prices—lowering drug costs to both to respond to these types of incidents. fix—is known as the coverage gap. seniors and taxpayers. As part of the Department of Home- Here’s how it works: Seniors will Next, the benefits are skimpy and land Security legislation in 2002, we have a monthly premium and a $250 de- spartan. The new Medicare benefit passed strong flight attendant security ductible and then they pay 25 percent leaves too many seniors in a coverage training, which I helped write with of their prescription drug costs. So far gap. Some people are calling this a former Senator Bob Smith. Unfortu- so good. But then once they have drug ‘‘donut,’’ as if it’s a ‘‘Krispy Kream,’’ nately, last year, much of that was re- costs of over $2,250, the benefit stops; it but there is nothing sweet about it. pealed—at the insistence of a single shuts down. And seniors have to pay Seniors will have to pay out of pocket member of the House—in the FAA Re- the next $2,850 of drug costs on their all of their drugs between $2,250 and authorization bill. own—100 percent of their costs—before $5,100 while still paying monthly pre- Therefore, I am introducing legisla- their coverage starts again. miums. This isn’t a donut; it’s a hidden tion today that would reinstate the Does this sound like prescription deductible. The real deductible in this flight attendant security training in- drug coverage to you? I know that my plan isn’t $250. Once a senior’s drug cluded in the Homeland Security bill. insurance has no such thing, and I costs put them into the coverage gap, The bill would restore the law requir- know of no other insurance that has their deductible could be as high as ing uniform anti-terrorist training for such a policy. $3,100. Seniors would have to pay all of all flight attendants. So today, Senator MIKULSKI and I are the drug costs between $2,250 and $5,100, We took a great step forward in 2002. introducing a bill that closes this cov- a total of $2,850, out of their own pock- We should not have gone backwards to erage gap and will better fulfill our ets on top of the $250 deductible. create a loophole in our aviation secu- promise to seniors to provide a real I think this is outrageous. No other rity. Medicare prescription drug benefit. insurance plan simply stops coverage We cannot stop fighting terrorism. Under our bill—the Closing the Cov- for a while. Well-trained flight attendants are key. erage Gap Act of 2004—seniors will pay Our bill would fix this fatal flaw in We do not have enough air marshals on the premium and the $250 deductible the Medicare prescription drug benefit planes, and the Administration is slow- and then pay for 25 percent of their by providing real prescription drug walking the guns in the cockpit pro- coverage until they reach their cata- coverage. Under our bill, there is no gram. We need to rely on our flight at- strophic limit of $5,100. After that, coverage gap. Seniors would pay their tendants now more than ever. We must Medicare will pay 95 percent. premium and the $250 deductible. Once ensure they get the training they need. Let me give you an example of how they have paid their deductible, they this works. A constituent from San would pay 25 percent their drug costs By Mr. DODD (for himself, Mr. Marcos, California wrote me about her until they reach the catastrophic limit COCHRAN, Mr. DURBIN, and Mr. prescription drug costs. They exceed of $5,100. And just like the current ben- FEINGOLD):

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8708 CONGRESSIONAL RECORD — SENATE July 22, 2004 S. 2727. A bill to amend part A of priated to international education sible and affordable to qualified appli- title VI of the Higher Education Act of within the Higher Education Act to cants regardless of income level, the 1965 regarding international and for- $120 million each year. Getting Results for Advanced Degrees eign language studies; to the Com- The Higher Education Act authorizes Act (GRAD). The purpose of the GRAD mittee on Health, Education, Labor, the Federal Government’s major ac- Act is to encourage students to pursue and Pensions. tivities as they relate to financial as- graduate education and to assist them Mr. DODD. Mr. President, I rise sistance for students attending colleges in affording it. today with Senators COCHRAN, DURBIN and universities. It provides aid to in- Specifically, the GRAD Act increases and FEINGOLD to introduce The Inter- stitutions of higher education, services the authorization level of the Graduate national and Foreign Language Studies to help students complete high school Assistance in Areas of National Need Act of 2004. and enter and succeed in postsecondary (GAANN) program to $50 million and In recent years, foreign language education, and mechanisms to improve the Jacob Javits Fellowship Program needs have significantly increased the training of our emerging work- to $35 million. The GAANN fellowship throughout the Federal Government force. This bill will help fulfill that program helps to support graduate due to the presence of a wider range of mission. study in areas of national need such as security threats, the emergence of new Foreign language skills and inter- chemistry, computer and information nation states, and the globalization of national study are vital to secure the science, engineering, mathematics and the U.S. economy. Likewise, American future economic welfare of the United physics. The Jacob Javits Fellowship business increasingly needs inter- States in an increasingly international Program helps support graduate study nationally experienced employees to economy. Foreign language skills and in the arts, humanities and social compete in the global economy and to international study are also vital for sciences. manage a culturally diverse workforce. the nation to meet 21st century secu- Currently, the U.S. government re- rity challenges properly and effec- To encourage greater participation quires 34,000 employees with foreign tively, especially in light of the ter- by minority students in graduate stud- language skills across 70 federal agen- rorist attacks on September 11, 2001. ies, the Act creates the Patsy T. Mink cies. These agencies have stated over I hope our colleagues who are not co- Fellowship Program to offer assistance the last few years, that translator and sponsoring this bill will give it serious to underrepresented minority students interpreter shortfalls have adversely consideration. By working together, I pursuing a doctoral degree. The Patsy affected agency operations and hin- believe that the Senate as a body can T. Mink Fellowship Program will help dered U.S. military, law enforcement, act to ensure that we strengthen our address the important problem of intelligence, counter-terrorism and Nation’s security and economy by cap- underrepresentation of students from diplomatic efforts. italizing on the talents and dreams of certain minority groups in graduate Despite our growing needs, in the those who wish to enter the inter- education. 2000–01 school year, the number of un- national arena. To help students afford the costs of dergraduate foreign language degrees graduation education, the GRAD Act conferred was only one percent of all By Mr. SCHUMER: expands the tax-exempt status of schol- degrees. In 2003, only 41 percent of un- S. 2728. A bill to create a penalty for arships to treat reasonable room and dergraduates reported taking foreign automobile insurance fraud; and for board allowances as part of permitted language courses while only 18 percent other purposes; to the Committee on higher education expenses. The Act re- reported having studied abroad. And the Judiciary. vises the cost of attendance calcula- yet, 79 percent of Americans believe Mr. DODD. Mr. President, I rise tions for financial aid for students with that students should study abroad today with Senators STABENOW and dependents to reflect the true cost of sometime during college. LAUTENBERG to introduce the Getting living expenses for themselves and At a time when our security needs Results for Advanced Degrees (GRAD) their children. The Act increases the are more important than ever, at a Act. amount of earnings students can set time when our economy demands that The percentage of individuals pur- aside without having to apply those we enter new markets, and at a time suing graduate education has increased earnings to the cost of attendance. The when the world requires us to engage dramatically in recent decades as indi- GRAD Act also increases the unsub- in diplomacy in more thoughtful and viduals seek the education and skills sidized Stafford loan limit for graduate considered ways, it is extremely impor- needed to participate in a techno- and professional students from $10,000 tant that we have at our disposal a logically complex and global economy. to $12,500 so they are less likely to have multilingual, multi cultural, inter- In the last 25 years alone, graduate en- to turn to more expensive private nationally experienced workforce. The rollment in the United States has in- loans. Dodd-Cochran International and For- creased by 39 percent. In the fall of eign Language Studies Act attempts to 2000, there were 1.85 million graduate The Getting Results for Advanced provide us with this. students enrolled in American schools. Degrees Act will help students meet The Dodd-Cochran International and The economic benefits of graduate the financial challenges faced in pur- Foreign Language Studies Act will in- education are significant. The median suing graduate studies. The Act crease undergraduate study abroad op- earnings of workers who possess a strengthens programs that support portunities as they relate to programs graduate or professional degree are graduate students in areas of vital im- portance to our Nation and makes as- designed to enhance foreign language more than 31⁄2 times those of high proficiency and deepen cultural knowl- school dropouts. sistance available to underrepresented edge. The Dodd-Cochran bill will rein- Despite the impact of graduate edu- minority students pursuing a doctoral state undergraduate eligibility for For- cation on individuals’ economic well degree. By helping students to pursue eign Language and Area Studies Fel- being, and on the economic strength of and afford graduate education, the lowships. The Dodd-Cochran bill will our national economy as a whole, grad- GRAD Act will help individuals, fami- encourage the Department of Edu- uate education is, for many, financially lies and the nation as a whole, realize cation to engage in the collection, out of reach. In 2001–02 the average the important benefits of graduate edu- analysis and dissemination of data on graduate school tuition at public insti- cation. international education and foreign tutions was $4,491 and $15,233 at private I hope more of my colleagues will language needs so that we know and institutions. In a 2002 borrower’s sur- join me in support of graduate edu- understand exactly what our needs in vey, the average debt reported by grad- cation by signing on this bill. By work- this area are. And, most importantly, uate students was $45,900. This is an as- ing together, I believe that the Senate the Dodd-Cochran bill will demonstrate tounding figure. as a body can act to ensure that more our nation’s commitment to increasing To respond to the need for a highly individuals are able to pursue graduate the foreign language proficiency and educated workforce, I have put to- education and assist our Nation in international experience of our elec- gether a series of proposals that will meeting the challenges faced in a glob- torate by increasing the amount appro- make graduate education more acces- al economy.

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8709 Mr. DURBIN: costs associated with acute myocardial related diseases over the next twenty S. 2730. A bill to amend title V, infarction and stroke by $47 in the first years. In a study of adults 65 years of XVIII, and XIX of the Social Security year and by $853 during the next seven age or older who received advice to Act to promote cessation of tobacco years in 1995 dollars. Within four to quit, behavioral counseling and phar- use under the medicare program, the five years after tobacco cessation, quit- macologic therapy, 24.8 percent re- medicaid program, and the maternal ters use fewer health care services than ported having stopped smoking six and child health services block grant continued smokers. months following the intervention. The program; to the Committee on Fi- New Jersey and Oregon have provided total economic benefits of quitting nance. Medicaid coverage for counseling and after age 65 are notable. Due to a re- Mr. DURBIN. Mr. President, I rise drugs as recommended by the Public duction in the risk of lung cancer, cor- today to introduce legislation that ex- Health Service, and both states now onary heart disease and emphysema, pands treatment to millions of Ameri- have among the lowest smoking-re- studies have found that heavy smokers cans suffering from a deadly addiction: lated Medicaid costs. over age 65 who quit can avoid up to tobacco. The Medicare, Medicaid and The health benefits tobacco quitters $4,592 in lifelong illness-related costs. MCH Smoking Cessation Promotion enjoy are also undisputed. They live Second, this bill provides coverage Act of 2004 will help make smoking ces- longer, and after 15 years, the risk of for counseling, prescription and non- sation therapy accessible to recipients premature death for ex-smokers re- prescription smoking cessation drugs of Medicare, Medicaid, and the Mater- turns to nearly the level of persons in the Medicaid program. The bill nal and Child Health (MCH) Program. who have never smoked. Male smokers eliminates the provision in current fed- We have long known that cigarette who quit between just the ages of 35 eral law that allows states to exclude smoking is the largest preventable and 39 add an average of five years to FDA-approved smoking cessation cause of death, accounting for 20 per- their lives; women can add three years. therapies from coverage under Med- cent of all deaths in this country. It is Even older Americans over age 65 can icaid. Despite the fact that the states well documented that smoking causes extend their life expectancy by giving have received payments from their suc- virtually all cases of lung cancer and up cigarettes. cessful federal lawsuit against the to- contributes to coronary heart disease, Former smokers are also healthier. bacco industry, less than half the peripheral vascular disease, chronic ob- They are less likely to die of chronic states provide coverage for smoking structive lung disease, and other dead- lung diseases, and after ten smoke-free cessation in their Medicaid program. ly health ailments. years, their risk of lung cancer drops Even if Medicaid covered cessation The harmful effects of smoking do to as much as one-half that of those products and services exclusively to not end with the smoker. A recent re- who continue to smoke. After five to pregnant women, we would see signifi- port issued by the American Legacy fifteen years the risk of stroke and cant cost savings and health improve- Foundation cites the effects of second- heart disease for ex-smokers returns to ments. Children whose mothers smoke hand smoke on children of smokers. In the level of those who have never during pregnancy are almost twice as addition to the cost of health com- smoked. They have fewer days of ill- likely to develop asthma as those plications of asthma and chronic ear ness, reduced rates of bronchitis and whose mothers did not. Over seven infections in children, the report indi- pneumonia, and fewer health com- years, reducing smoking prevalence by cates that 43,000 children are orphaned plaints. just one percentage point among preg- Public Health Service Guidelines re- every year because of tobacco-related nant women would prevent 57,200 low leased a few years ago conclude that deaths. birth weight births and save $572 mil- Still, despite enormous health risks, tobacco dependence treatments are lion in direct medical costs. 45 million adults in the United States both clinically effective and cost-effec- smoke cigarettes. Of those, low income tive relative to other medical and dis- Third, this bill ensures that the Ma- and racial minorities make up a dis- ease prevention interventions. The ternal and Child Health Program rec- proportionate share. While 22.5 percent guidelines urge health care insurers ognizes that medications used to pro- of the general adult population in the and purchasers to include counseling mote smoking cessation and the inclu- U.S. are current smokers, the percent- and FDA-approved pharmacologic sion of anti-tobacco messages in health age is about 50 percent higher among treatments as a covered benefit. promotion are considered part of qual- Medicaid recipients. Thirty-six percent Unfortunately, the Federal Govern- ity maternal and child health services of adults covered by Medicaid smoke. ment, a major purchaser of health care I hope my colleagues will join me not We are not only paying a heavy through Medicare and Medicaid, does only in cosponsoring this legislation health toll, but an economic price as not currently adhere to its own pub- but also in working with me to see that well. According to the Center for To- lished guidelines. It is high time that its provisions are adopted. As the Sur- bacco Cessation, about 14 percent of all government-sponsored health programs geon General has said, ‘‘Although our Medicaid expenditures on average are catch up with science. That is why I knowledge about tobacco control re- related to smoking. That’s not sur- am introducing legislation to improve mains imperfect, we know more than prising, given that smokers incur an smoking cessation benefits in govern- enough to act now.’’ average of $1,041 more in annual med- ment-sponsored health programs. ical costs than non-smokers. The Medicare, Medicaid, and MCH By Mr. LAUTENBERG (for him- Today, however, we have identified Smoking Cessation Promotion Act of self, Mr. BIDEN, Mr. KENNEDY, clinically proven, effective strategies 2004 improves access to and coverage of Mr. LEVIN, Mr. CORZINE, Mrs. to help smokers quit. Advancements in smoking cessation treatment therapies FEINSTEIN, Mr. FEINGOLD, Mr. treating tobacco use and nicotine ad- in three meaningful ways. KOHL, Mr. DURBIN, and Mr. diction using pharmacotherapy and First, this bill adds a smoking ces- SCHUMER): counseling have helped millions kick sation counseling benefit and coverage S. 2731. A bill to amend title 18, the habit. The Surgeon General’s 2000 of FDA-approved tobacco cessation United States Code, to prohibit certain Report, Reducing Tobacco Use, con- drugs to Medicare. The bill requires all interstate conduct relating to exotic cluded that ‘‘pharmacologic treatment prescription drug sponsors to provide animals; to the Committee on the Judi- of nicotine addiction, combined with coverage for tobacco cessation drugs ciary. behavioral support, will enable 10 to 25 under Medicare’s prescription drug cov- Mr. LAUTENBERG. Mr. President, I percent of users to remain abstinent at erage. It also defines over-the-counter rise to introduce the Captive Exotic one year of post-treatment. agents as covered drugs, as long as Animal Protection Act of 2004. This Studies have shown that reducing those drugs are prescribed by a doctor Act would prohibit the barbaric and adult smoking through tobacco use or other authorized medical profes- unsporting practice of ‘‘canned hunts.’’ treatment pays immediate dividends, sional. By 2020, 17 percent of the U.S. I am pleased to be joined by my co- both in terms of health improvements population will be 65 years of age or sponsors, Senators BIDEN, KENNEDY, and cost savings. Creating a new non- older. It is estimated that Medicare LEVIN, CORZINE, FEINSTEIN, FEINGOLD, smoker reduces anticipated medical will pay $800 billion to treat tobacco- KOHL, DURBIN and SCHUMER.

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8710 CONGRESSIONAL RECORD — SENATE July 22, 2004 Canned hunts take place on private Surely exotic animals held in canned There being no objection, the text of land under circumstances that vir- hunt facilities can in no way be consid- the bill was ordered to be printed in tually assure hunters of a kill. Al- ered ‘‘free-ranging,’’ and the hunters at the RECORD, as follows: though they advertise under a variety such facilities clearly have an enor- S. 2731 of names, such as hunting preserves or mous ‘‘improper advantage’’ over the Be it enacted by the Senate and House of Rep- game ranches, canned hunts have two animals. resentatives of the United States of America in things in common: they charge a fee In addition to being unethical, Congress assembled, for killing an animal; and they violate canned hunts may pose a serious SECTION 1. SHORT TITLE. the generally accepted practices of the health and safety threat to domestic This Act may be cited as the ‘‘Captive Ex- hunting community, which are based livestock and native wildlife. Acci- otic Animal Protection Act of 2004’’. on the concept of ‘‘fair chase.’’ Some dental escapes of exotic animals from SEC. 2. FINDINGS. canned hunts specialize in native spe- game ranches are not uncommon, pos- Congress finds the following: cies, such as white-tailed deer or elk, ing a danger to nearby livestock and (1) The ethic of hunting involves the con- sideration of fair chase, which allows the while others deal in exotic, non-native, indigenous wildlife. A dire threat to animal the opportunity to avoid the hunter. animals that are either bred on-site or native deer and elk populations in this (2) At more than 1,000 commercial canned bought from dealers or breeders. Exotic country is chronic wasting disease, the hunt operations across the country, trophy animals may include surplus animals deer equivalent of mad cow disease. In hunters pay a fee to shoot captive exotic ani- bought from wild animal parks, cir- some States, experts believe that mals, from African lions to giraffes and cuses, and petting zoos. Many canned canned hunts, with their fences and blackbuck antelope, in fenced-in enclosures. hunts offer both native and exotic spe- high concentrations of animals, are en- (3) Clustered in a captive setting at unusu- cies to their customers. The Humane couraging transmission of this disease. ally high densities, confined exotic animals In recognition of these threats, sev- attract disease more readily than more wide- Society of the United States estimates ly dispersed native species who roam freely. that there are more than 1000 canned eral states have banned canned hunting (4) The transportation of captive exotic hunt operations in at least 25 different of mammals. Unfortunately, most animals to commercial canned hunt oper- States. states lack laws to outlaw this prac- ations can facilitate the spread of disease Canned hunts cater to persons who tice. Because interstate commerce in across great distances. lack the time, and sometimes the skill, exotic animals is common, Federal leg- (5) The regulation of the transport and for normal sports hunting, but who islation is essential to control these treatment of exotic animals on shooting pre- have the money to pay the hefty fees cruel practices. serves falls outside the traditional domains charged for trophy kills. They do not My bill is essentially the same as leg- of State agriculture departments and State islation S. 1655, that was reported by fish and game agencies. require skill in tracking or shooting. (6) This Act is limited in its purpose and For a price, many canned hunts guar- the Judiciary Committee late in the will not limit the licensed hunting of any na- antee a ‘‘hunter’’ a kill of the animal 107th Congress and sponsored by Sen- tive mammals or any native or exotic birds. of their choice. A wild boar ‘‘kill’’ may ator BIDEN. It is similar to legislation (7) This Act does not aim to criticize those sell for up to $1000, a water buffalo for that I introduced in the 106th, S. 1345, hunters who pursue animals that are not en- $3500, and a red deer for up to $6000. 105th, S. 995, and 104th, S. 1493, Con- closed within a fence. The ‘‘hunt’’ of these tame animals gresses. The legislation that I am in- (8) This Act does not attempt to prohibit occurs within a fenced enclosure, leav- troducing today will target only slaughterhouse activities, nor does it aim to ing the animal virtually no chance for canned hunt facilities that allow the prohibit the routine euthanasia of domes- ticated farm animals. escape. Fed and cared for by humans, hunting of exotic, non-native, mam- SEC. 3. TRANSPORT OR POSSESSION OF EXOTIC these animals have often lost their in- mals. It is important to note what the ANIMALS FOR PURPOSES OF KILL- stinctive impulse to flee from hunters bill does and does not do: (1) The bill ING OR INJURING THEM. who ‘‘stalk’’ them. In addition to fenc- does not regulate the hunting of native (a) IN GENERAL.—Chapter 3 of title 18, ing, canned hunts use other practices mammals, such as white-tail deer; (2) United States Code, is amended by adding at to assure their customers a kill. They the bill does not regulate the hunting the end the following: employ guides who are intimately fa- of birds, native or exotic, such as ‘‘§ 49. Exotic animals miliar with their preserve or ranch, in- doves, pheasants, and mallard ducks; ‘‘(a) PROHIBITION.—Whoever, in or substan- cluding locations where animals like to (3) the bill protects only exotic, non- tially affecting interstate or foreign com- eat, bed down, and hide, and may use native, mammals that have been con- merce, knowingly transfers, transports, or possesses a confined exotic animal, for the food plots and feeding stations to at- fined for the greater part of the ani- purposes of allowing the killing or injuring tract animals and make them easy tar- mal’s life or a year, whichever is short- of that animal for entertainment or for the gets from nearby shooting blinds or er; (4) the bill does not cover exotic collection of a trophy, shall be fined under stands—all practices which are prohib- mammals living as they would in the this title, imprisoned not more than 1 year, ited by many State game commissions. wild on large preserves where they or both. Canned hunts are strongly con- have an opportunity to avoid hunters, ‘‘(b) DEFINITIONS.—In this section— demned by animal protection groups. 1000 acres or larger; and (5) the bill reg- ‘‘(1) the term ‘confined exotic animal’ The Fund for Animals has launched a ulates the conduct of persons who oper- means a mammal of a species not histori- cally indigenous to the United States, that national campaign against what it ate canned hunts or traffic in exotic has been held in captivity, whether or not calls a ‘‘cruel, unsporting, and egre- mammals used in such hunts, not the the defendant knows the length of the cap- gious type of hunting.’’ The Humane hunters who patronize canned hunt fa- tivity, for the shorter of— Society says that ‘‘There is no more re- cilities. In summary, my bill would ‘‘(A) the majority of the animal’s life; or pugnant hunting practice than shoot- merely ban the transport and trade of ‘‘(B) a period of 1 year; and ing tame, exotic mammals in fenced non-native, exotic mammals for the ‘‘(2) the term ‘captivity’ does not include enclosures for a fee in order to obtain purpose of staged trophy hunts. any period during which an animal lives as it a trophy.’’ The group believes that fed- The idea of a defenseless animal would in the wild— ‘‘(A) surviving primarily by foraging for eral legislation is needed ‘‘to halt the meeting a violent end as the target of naturally occurring food; cruel and unsportsmanlike business of a canned hunt is, at the very least, dis- ‘‘(B) roaming at will over an open area of canned hunts.’’ tasteful to many Americans. In an era not less than 1,000 acres; and Canned hunts violate the principles when we are seeking to curb violence ‘‘(C) having the opportunity to avoid hunt- of the sport of hunting. The Boone and in our culture, canned hunts are cer- ers. Crockett Club, a hunting organization tainly one form of gratuitous brutality ‘‘(c) ENFORCEMENT.— founded by Teddy Roosevelt, defines that does not belong in our society. I ‘‘(1) IN GENERAL.—Any person authorized ‘‘fair chase’’ as the ‘‘ethical, sports- urge my colleagues to join me in sup- by the Secretary of the Interior, acting manlike, and lawful pursuit and taking through the Director of the United States porting this legislation, which will help Fish and Wildlife Service, may— of any free-ranging wild, native North end this needless practice. ‘‘(A) without a warrant, arrest any person American big game animal in a manner I ask unanimous consent that the that violates this section (including regula- that does not give the hunter an im- text of the bill be printed in the tions promulgated under this section) in the proper advantage over such animals.’’ RECORD. presence or view of the arresting person;

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8711 ‘‘(B) execute any warrant or other process These local education agencies are lawmakers, the National Highway Traffic issued by an officer or court of competent ju- strapped. They can’t afford to buy Safety Administration, the National Trans- risdiction to enforce this section; and newer, safer buses. I was astonished to portation Safety Board, and the Environ- ‘‘(C) with a search warrant, search for and learn that the school buses in some mental Protection Agency for years; seize any animal taken or possessed in viola- (2) millions of children face potential fu- tion of this section. rural Nevada counties travel a com- ture health problems because of exposure to ‘‘(2) FORFEITURE.—Any animal seized with bined 1 million miles in a school year. noxious fumes emitted from older school or without a search warrant shall be held by The superintendents in my State buses; the Secretary or by a United States marshal, asked me for help. They identified (3) the Environmental Protection Agency and upon conviction, shall be forfeited to the their need for school buses, and I want established the Clean School Bus USA pro- United States and disposed of by the Sec- to help. gram to replace 129,000 of the oldest diesel retary of the Interior in accordance with I am introducing legislation today buses that cannot be retrofitted in an effort law. that will help rural school districts to help children and the environment by im- proving air quality; ‘‘(3) ASSISTANCE.—The Director of the transport children to school in a way United States Fish and Wildlife Service may (4) unfortunately, many rural local edu- use by agreement, with or without reim- that is safe, affordable and environ- cational agencies are unable to participate bursement, the personnel and services of any mentally sound. in that program because of the specialized other Federal or State agency for the pur- The ‘‘Bus Utility and Safety in fuels needed to sustain a clean bus fleet; pose of enforcing this section.’’. School Transportation Opportunity (5) many rural local educational agencies (b) TECHNICAL AMENDMENT.—The analysis and Purchasing Act of 2004’’—or BUS are operating outdated, unsafe school buses for chapter 3 of title 18, United States Code, STOP—authorizes the Federal Govern- that are failing inspection because of auto- is amended by adding at the end the fol- ment to provide $50,000,000 in grants on motive flaws, resulting in a depletion of lowing: school bus fleets of the local educational a competitive basis to rural local edu- ‘‘Sec. 49. Exotic animals’’. agencies; and cational agencies seeking Federal (6) many rural local educational agencies By Mr. REID: share assistance to purchase school are unable to afford to buy newer, safer S. 2732. A bill to provide grants for buses. The Federal share will be 75 per- buses. use by rural local educational agencies cent. (b) PURPOSE.—The purpose of this Act is to Each applicant must provide docu- establish within the Environmental Protec- in purchasing new school buses; to the tion Agency a Federal cost-sharing program Committee on Environment and Public mentation that at least 50 percent of to assist rural local educational agencies Works. their school buses are in need of repair with older, unsafe school bus fleets in pur- Mr. REID. Mr. President, there are or replacement; the total mileage each chasing newer, safer school buses. still small towns in America where the bus traveled in the most recent school SEC. 3. DEFINITIONS. citizens wait for a doctor to make year; documentation that the applicant In this Act: rounds, a mail truck to drop off the is operating with a depleted fleet; and (1) ADMINISTRATOR.—The term ‘‘Adminis- mail. These families have elected to assurance that the school system will trator’’ means the Administrator of the En- stay in their communities despite all pay the local share for the purchase of vironmental Protection Agency. the obstacles, and they deserve an op- (2) RURAL LOCAL EDUCATIONAL AGENCY.— new school buses. The term ‘‘rural local educational agency’’ portunity to enjoy a good quality of In an effort to promote clean air, the means a local educational agency, as defined life. Environmental Protection Agency has in section 9101 of the Elementary and Sec- But sometimes, the challenges of liv- already established a cost-share grant ondary Education Act of 1965 (20 U.S.C. 7801), ing in rural America can be over- program that will help local school sys- with respect to which— whelming—especially as they relate to tems replace old school buses, install (A) each county in which a school served identifying and securing Federal edu- pollution control devices, and elimi- by the local educational agency is located cation funding. nate unnecessary idling. has a total population density of fewer than There are hundreds of Federal edu- The EPA is seeking to improve air 10 persons per square mile; (B) all schools served by the local edu- cation grants that currently provide an quality by encouraging large school array of support for local education cational agency are designated with a school districts to voluntarily cut emissions. locale code of 7 or 8, as determined by the agencies: literacy programs, English The EPA awarded $5 million in grants Secretary of Education; or learner’s programs, after school pro- to 20 school districts last month and $5 (C) all schools served by the local edu- grams—just to name a few. million to 17 school districts last year. cational agency have been designated, by of- Most of the time these Federal dol- Unfortunately this is an example of a ficial action taken by the legislature of the lars and grants end up going to larger program that my rural counties didn’t State in which the local educational agency urban school districts, not to the little apply for because they don’t have the is located, as rural schools for purposes re- rural ones. One reason is because rural lating to the provision of educational serv- infrastructure in place to support clean ices to students in the State. school districts simply don’t have the buses. However, working in the spirit resources needed to write the grant ap- (3) SCHOOL BUS.—The term ‘‘school bus’’ of clean air and healthy children, rural means a vehicle the primary purpose of plications or oversee the program. school districts can buy newer buses Or perhaps rural educators don’t even which is to transport students to and from that are better for our air, and safer for school or school activities. realize they are qualified to apply for a our children. SEC. 4. GRANT PROGRAM. particular grant, or they don’t have My office has already received phone (a) IN GENERAL.—From amounts made the infrastructure needed to support calls from the education departments available under subsection (e) for a fiscal the initiative. from other states. They want to know year, the Administrator shall provide grants, Many years ago when I attended on a competitive basis, to rural local edu- school in Searchlight, we had one if the rumor is true: is there finally cational agencies to pay the Federal share of teacher who taught grades 1 through 8. going to be legislation to help us pur- the cost of purchasing new school buses. There are still schools in Nevada where chase school buses? (b) APPLICATION.— The answer is yes. (1) IN GENERAL.—Each rural local edu- this is the case. I ask unanimous consent that the cational agency that seeks to receive a grant I walked to school, and when it was under this Act shall submit to the Adminis- time for high school I hitched a ride text of the bill be printed in the RECORD. trator for approval an application at such into a town 40 miles away and had to time, in such manner, and accompanied by S. 2732 stay with a family during the week. such information (in addition to information That was the transportation system in Be it enacted by the Senate and House of Rep- required under paragraph (2)) as the Admin- rural America back then: walk or resentatives of the United States of America in istrator may require. Congress assembled, hitchhike. (2) CONTENTS.—Each application submitted Now we have school buses. But many SECTION 1. SHORT TITLE. under paragraph (1) shall include— This Act may be cited as the ‘‘Bus Utility rural areas are operating outdated, un- (A) documentation that, of the total num- and Safety in School Transportation Oppor- ber of school buses operated by the rural safe school buses that are driven until tunity and Purchasing Act of 2004’’. local educational agency, not less than 50 they finally can’t pass inspection any SEC. 2. FINDINGS AND PURPOSE. percent of the school buses are in need of re- longer. The skyrocketing gas prices of (a) FINDINGS.—Congress finds that— pair or replacement; the past seven months have only made (1) school transportation issues have con- (B) documentation of the number of miles the problem worse. cerned parents, local educational agencies, that each school bus operated by the rural

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8712 CONGRESSIONAL RECORD — SENATE July 22, 2004 local educational agency traveled in the ment of the physical condition of these ‘‘(2) BRANCH OF DETENTION SERVICES.—The most recent 9-month academic year; facilities and how they are operated. term ‘Branch of Detention Services’ means (C) documentation that the rural local edu- The Inspector General also testified the entity that the Secretary is required to cational agency is operating with a reduced about numerous examples of inmate establish within the Division of Law En- fleet of school buses; suicides, escapes, neglect, over- forcement Services under section 3(f)(1). (D) a resolution from the rural local edu- ‘‘(3) BUREAU.—The term ‘Bureau’ means cational agency that— crowding and other inhumane condi- the Bureau of Indian Affairs of the Depart- (i) authorizes the application of the rural tions, staffing shortages, inmate access ment of the Interior. local educational agency for a grant under to weapons and poor prisoner super- ‘‘(4) COMPLEMENTARY FACILITY.— this Act; and vision, all occurring in facilities oper- ‘‘(A) IN GENERAL.—The term ‘complemen- (ii) describes the dedication of the rural ated by the Bureau of Indian Affairs or tary facility’ means a facility for the provi- local educational agency to school bus re- by Indian tribes, pursuant to contract. sion of additional or necessary services to placement programs and school transpor- The Inspector General reported that detainees as a result of their being in cus- tation needs (including the number of new the lack of prison monitoring sadly re- tody. school buses needed by the rural local edu- ‘‘(B) INCLUSION.—The term ‘complementary cational agency); and sulted in the death of a 16 year old In- dian girl who was placed in a cell for facility’ includes a detoxification center, (E) an assurance that the rural local edu- protective custody cell, shelter care facility, cational agency will pay the non-Federal underage drinking. She later died of al- community treatment center, halfway share of the cost of the purchase of new cohol poisoning and her family is now house, or any similar facility. school buses under this Act from non-Fed- considering legal action charging neg- ‘‘(5) DETAINEE.—The term ‘detainee’ means eral sources. ligence by the jail’s managers. an individual who is held in a detention fa- (c) PRIORITY.— The tragic part of the story is that cility for any period of time. (1) IN GENERAL.—In providing grants under the death might have been prevented. ‘‘(6) DETENTION FACILITY.—The term ‘deten- this Act, the Administrator shall give pri- But what is even more frightening is tion facility’ means a facility for holding of ority to rural local educational agencies individuals for correctional, intergovern- that, as determined by the Administrator— that deaths and attempted suicides are not isolated events at these facilities. mental, or other custodial purposes that is— (A) are transporting students in a bus man- ‘‘(A) operated by the Bureau; or ufactured before 1977; This is but one example brought to the Committee’s attention and in my ‘‘(B) operated by an Indian tribe under the (B) have a grossly depleted fleet of school Indian Self-Determination and Education buses; or mind these events and conditions are Assistance Act (25 U.S.C. 450 et seq.). (C) serve a school that is required, under deplorable, inexcusable and have to ‘‘(7) DIVISION OF LAW ENFORCEMENT SERV- section 1116(b)(1)(E) of the Elementary and end. ICES.—The term ‘Division of Law Enforce- Secondary Education Act of 1965 (20 U.S.C. The bill I am introducing today es- ment Services’ means the entity established 6316(b)(1)(E)), to provide transportation to tablishes clear lines of authority for within the Bureau under section 3(b). students to enable the students to transfer detention services by directing the ‘‘(8) EMPLOYEE OF THE BUREAU.—The term to another public school served by the rural ‘employee of the Bureau’ includes an officer local educational agency. Secretary of Interior to create a sepa- of the Bureau. (d) PAYMENTS; FEDERAL SHARE.— rate branch of detention services. This ‘‘(9) ENFORCEMENT OF A LAW.—The term (1) PAYMENTS.—The Administrator shall separate branch will give the proper at- ‘enforcement of a law’ includes the preven- pay to each rural local educational agency tention to issues surrounding detention tion, detection, and investigation of an of- having an application approved under this facilities. fense and the detention or confinement of an section the Federal share described in para- In addition, the bill will require the graph (2) of the cost of purchasing such num- offender. creation of reporting protocols on seri- ‘‘(10) INDIAN COUNTRY.—The term ‘Indian ber of new school buses as is specified in the ous incidents, particularly escapes, to approved application. country’ has the meaning given the term in proper law enforcement authorities. section 1151 of title 18, United States Code. (2) FEDERAL SHARE.—The Federal share of the cost of purchasing a new school bus Because in some cases reporting may ‘‘(11) INDIAN TRIBE.—The term ‘Indian under this Act shall be 75 percent. not be sufficient, the bill will also es- tribe’ has the meaning given the term in sec- (e) AUTHORIZATION OF APPROPRIATIONS.— tablish criteria for conducting prelimi- tion 201 of Public Law 90–284 (commonly There are authorized to be appropriated to nary inquiries into serious incidents to known as the ‘Civil Rights Act of 1968’) (25 carry out this Act— determine if there is a need for a full U.S.C. 1301). (1) $50,000,000 for fiscal year 2005; and ‘‘(12) OFFENSE.—The term ‘offense’ means investigation. an offense against the United States, includ- (2) such sums as are necessary for each of Finally, the bill requires that the De- fiscal years 2006 through 2010. ing a violation of a Federal regulation relat- partment of Interior conduct a full re- ing to part or all of Indian country. By Mr. CAMPBELL: port on the conditions and needs of the ‘‘(13) SECRETARY.—The term ‘Secretary’ S. 2734. A bill to implement the rec- detention facilities in Indian commu- means the Secretary of the Interior. ommendations of the Inspector General nities, including staffing shortages and ‘‘(14) SERIOUS INCIDENT.— of the Department of the Interior re- training, and a plan for addressing the ‘‘(A) IN GENERAL.—The term ‘serious inci- dent’ means an occurrence, event, activity, garding Indian Tribal detention facili- needs. I urge my colleagues to join me in or other incident that results in— ties; to the Committee on Indian Af- ‘‘(i) a risk of harm or actual harm to an in- fairs. supporting this important legislation. I ask unanimous consent that the dividual or the community; or Mr. CAMPBELL. Mr. President, I am ‘‘(ii) serious damage to property. text of the bill be printed in the pleased to introduce The Indian Tribal ‘‘(B) INCLUSION.—The term ‘serious inci- Detention Facility Reform Act of 2004 RECORD. dent’ includes all incidents relating to de- There being no objection, the text of which proposes sweeping reforms to op- tainee deaths or injuries, suicides, attempted the bill was ordered to be printed in eration of tribal detention systems in suicides, escapes, and officer safety issues.’’. the RECORD, as follows: American Indian communities. SEC. 3. BRANCH OF DETENTION SERVICES. S. 2734 The bill will launch significant ef- Section 3 of the Indian Law Enforcement forts to address the third world condi- Be it enacted by the Senate and House of Rep- resentatives of the United States of America in Reform Act (25 U.S.C. 2802) is amended— tions plaguing this system, problems Congress assembled, (1) in subsection (d)(4), by striking ‘‘Area’’ which were the subject of a series of ar- SECTION 1. SHORT TITLE. each place it appears and inserting ‘‘Re- ticles in the USA Today and other na- This Act may be cited as the ‘‘Indian Trib- gional’’; and tional newspapers. al Detention Facility Reform Act of 2004’’. (2) by adding at the end the following: On June 23, 2004, the Committee on SEC. 2. DEFINITIONS. ‘‘(f) BRANCH OF DETENTION SERVICES.— Indian Affairs held a hearing on the op- Section 2 of the Indian Law Enforcement ‘‘(1) ESTABLISHMENT.—The Secretary shall eration and condition of these deten- Reform Act (25 U.S.C. 2801) is amended to establish within the Division of Law En- tion facilities and the testimony we re- read as follows: forcement Services a separate Branch of De- ceived was very disturbing. ‘‘SEC. 2. DEFINITIONS. tention Services. At the hearing, the Inspector General ‘‘In this Act: ‘‘(2) DUTIES.—The Branch of Detention ‘‘(1) BRANCH OF CRIMINAL INVESTIGATIONS.— Services— of the Department of Interior reported The term ‘Branch of Criminal Investigations’ ‘‘(A) except as prohibited by other Federal that after reports from a variety of means the entity the Secretary is required law, shall be responsible for the detention, sources, including the U.S. Department to establish within the Division of Law En- confinement, and corrections of offenders of Justice, his office began an assess- forcement Services under section 3(d)(1). within Indian country;

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8713 ‘‘(B) shall not be primarily responsible for ‘‘(D) lack of detention facility administra- port that describes the results of the assess- routine law enforcement, criminal investiga- tion and other operational standards, or fail- ment under subparagraph (A); and tions, or police operations in Indian country; ure to comply with any such standards; ‘‘(ii) make the report available to Indian and ‘‘(3) those deficiencies create a dangerous tribal governments. ‘‘(C) under an interagency agreement be- and potentially life-threatening situation for ‘‘(2) DATA AND METHODOLOGIES.—In pre- tween the Secretary and Attorney General detainees and detention personnel; paring the report under paragraph (1), the and subject to such guidelines as the appro- ‘‘(4) the April 2004 interim report of the In- Bureau shall use— priate agencies or officials of the Depart- spector General of the Department of the In- ‘‘(A) the existing Department of Justice ment of Justice may adopt, may be respon- terior found that deaths, escapes, and as- Federal Bureau of Prisons formula for deter- sible for temporarily detaining individuals saults on correctional officers have occurred mining the condition and adequacy of De- for the purpose of Federal prosecution, im- at several detention facilities in Indian partment of Justice detention facilities, in- migration, or transportation, or any other country as a result of those deficiencies; cluding operational standards; detention purpose. ‘‘(5) the Division of Law Enforcement Serv- ‘‘(B) data relating to conditions at deten- ‘‘(3) REGULATIONS.—The Secretary shall ices has responsibility for both law enforce- tion facilities that have previously been promulgate regulations establishing a proce- ment and detention services, but no clear compiled, collected, or secured from any dure for active cooperation and consultation lines of authority for detention services; source derived, so long as the data are accu- of the detention services employees of the ‘‘(6) existing Federal law does not provide rate, relevant, timely, and necessary to prep- Branch of Detention Services assigned to an clear lines of authority or standards for de- aration of the report; and Indian reservation with the governmental, tention services in Indian country; and ‘‘(C) the methodologies of the American In- law enforcement, and detention officials of ‘‘(7) clear authority and standards are stitute of Architects or other accredited and the Indian tribes located on the Indian res- needed to assist detention and law enforce- reputable architecture or engineering asso- ervation. ment officials in— ciations responsible for detention facility ‘‘(4) PERSONNEL.— ‘‘(A) meeting the principal goals of Indian construction. ‘‘(A) SUPERVISION AND DIRECTION.—Per- country law enforcement and detention; ‘‘(3) CONTENTS.—The report shall include— sonnel of the Branch of Detention Services— ‘‘(B) protecting life and property; and ‘‘(A) a catalog of the condition of detention ‘‘(i) shall be subject only to the supervision ‘‘(C) reducing crime and recidivism rates. facilities that— and direction of the law enforcement per- ‘‘(b) REPORTING PROTOCOLS FOR SERIOUS IN- ‘‘(i) identifies the existing detention and sonnel or personnel of the Branch of Deten- CIDENTS.— complementary facilities and any detention tion Services or of the Division, as the Sec- ‘‘(1) IN GENERAL.—Not later than 270 days and complementary facilities that do not retary considers appropriate; and after the date of enactment of the Indian exist but are needed, taking into consider- ‘‘(ii) shall not be subject to the supervision Tribal Detention Facility Reform Act of ation— of the Bureau Agency Superintendent or Bu- 2004, the Bureau shall develop and implement ‘‘(I) the size of a detention facility or com- reau Regional Director. protocols to ensure that all serious incidents plementary facility; ‘‘(B) EFFECT OF PARAGRAPH.—Nothing in occurring at a detention facility are reported ‘‘(II) the number of detainees in a facility; this paragraph— promptly through an established chain of ‘‘(III) the age and condition of a facility; ‘‘(i) precludes cooperation, coordination, or command. ‘‘(IV) interjurisdictional detention needs; consultation, as appropriate, with non-law ‘‘(2) REPORTING OF ESCAPES TO LAW EN- ‘‘(V) staff needs; and enforcement Bureau personnel at the agency FORCEMENT AUTHORITIES.—The protocols ‘‘(VI) prisoner isolation and transportation or regional level; or shall ensure that each incident involving an ‘‘(ii) restricts the right of an Indian tribe escape of a detainee from a detention facility needs; to contract a detention program under the is reported immediately to the appropriate ‘‘(ii) establishes a routine maintenance authority of the Indian Self-Determination Federal, State, tribal, and local law enforce- schedule for each facility; and Education Assistance Act (25 U.S.C. 450 ment authorities. ‘‘(iii) identifies staffing and operational needs of existing and needed facilities; and et seq.) or to maintain its own detention op- ‘‘(3) PRELIMINARY INQUIRIES INTO SERIOUS erations. INCIDENTS.— ‘‘(iv) provides specific cost estimates need- ‘‘(C) REESTABLISHMENT OF AUTHORITY.— ‘‘(A) IN GENERAL.—The Division of Law En- ed to repair, renovate, lease or construct any ‘‘(i) REQUEST.—After the date that is 1 year forcement Services shall conduct a prelimi- new, existing or additional detention facili- after the date of establishment of the Branch nary inquiry of any serious incident to deter- ties or complementary facilities; of Detention Services, any Indian tribe may, mine whether a full investigation is war- ‘‘(B) a detailed plan to bring all detention by resolution of the governing body of the ranted. facilities and complementary facilities into Indian tribe, request the Secretary to rees- ‘‘(B) FINDINGS.—All findings made in con- compliance with applicable standards that tablish authority over detention of members ducting preliminary inquiries under subpara- includes— of the Indian tribe directly through the graph (A) shall be reported to the Division of ‘‘(i) detailed information on the status of Agency Superintendent or Bureau Regional Law Enforcement Services and the Assistant each facility’s compliance with the stand- Office Director rather than through the Secretary of the Interior for Indian Affairs. ards; Branch of Detention Services. ‘‘(4) DETENTION FACILITIES STAFFING RE- ‘‘(ii) specific cost estimates for meeting ‘‘(ii) APPROVAL.—In the absence of good VIEW.—The Bureau shall— the standards at each facility; and cause to the contrary, the Secretary, on re- ‘‘(A) not later than 90 days after the date ‘‘(iii) specific timelines for bringing each ceipt of a resolution under clause (i), shall of enactment of the Indian Tribal Detention facility into compliance with the standards; reestablish the authority as requested by the Facility Reform Act of 2004, conduct a re- ‘‘(C) an assessment of the feasibility of de- Indian tribe.’’. view of the staffing needs at all detention fa- veloping regional detention facilities, taking SEC. 4. FUNDING. cilities; and into consideration the factors identified in Section 9 of the Indian Law Enforcement ‘‘(B) update that review annually. subparagraph (A)(i) and a comparison of Reform Act (25 U.S.C. 2808) is amended— ‘‘(c) REGULATIONS.—Not later than 1 year costs and benefits of regional facilities (1) by striking the section heading and all after the date of enactment of the Indian versus individual tribal facilities; and that follows through ‘‘Any expenses’’ and in- Tribal Detention Facility Reform Act of ‘‘(D) an assessment of the feasibility of serting the following: 2004, the Secretary, after consultation with tribal operation of the facilities identified under subparagraphs (A)(i) and (C) under the ‘‘SEC. 9. FUNDING. the Attorney General, shall promulgate reg- ulations to carry out subsections (a) and (b). Indian Self-Determination and Education ‘‘(a) IN GENERAL.—Any expenses’’; and Assistance Act (25 U.S.C. 450 et seq.), includ- (2) by adding at the end the following: ‘‘(d) DETENTION FACILITIES REVIEW.— ‘‘(1) IN GENERAL.— ing— ‘‘(b) AVAILABILITY.—Funds made available ‘‘(A) CONSULTATION.—Not later than 1 year ‘‘(i) any cost savings that would result to carry out this Act shall remain available from tribal rather than Federal operation of until expended.’’. after the date of enactment of the Indian Tribal Detention Facility Reform Act of the facilities; and SEC. 5. DETENTION REFORM AND REVIEW. 2004, in consultation with Indian tribes to ‘‘(ii) a comparison of costs and benefits The Indian Law Enforcement Reform Act the extent practicable, the Bureau shall arising from individual tribal operation is amended by inserting after section 10 (25 complete an assessment of the physical con- versus contracting detention services with U.S.C. 2809) the following: ditions and needs of all detention facilities. State or local facilities. ‘‘SEC. 10A. DETENTION REFORM. ‘‘(B) REPORT.—Not later than 15 months ‘‘(4) EFFECT OF SUBSECTION.—Nothing in ‘‘(a) FINDINGS.—Congress finds that— after the date of enactment of the Indian this subsection requires termination of the ‘‘(1) there are 74 detention facilities in In- Tribal Detention Facility Reform Act of operations of any facility that fails to com- dian country; 2004, the Bureau shall— ply with standards described in subparagraph ‘‘(2) serious deficiencies in Indian country ‘‘(i) submit to the Committee on Indian Af- (B). detention have arisen, including— fairs and the Committee on Appropriations ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(A) poor facility conditions; of the Senate and the Committee on Re- There is authorized to be appropriated to ‘‘(B) lack of staff training; sources and the Committee on Appropria- carry out this subsection $500,000, to remain ‘‘(C) understaffing; and tions of the House of Representatives a re- available until expended.’’.

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8714 CONGRESSIONAL RECORD — SENATE July 22, 2004 By Mr. LEAHY (for himself and ing the American Revolutionary War, ployment in health occupations is pro- Mr. JEFFORDS): when Benedict Arnold managed to suc- jected to increase from 11 million in S. 2738. A bill to establish a Commis- cessfully delay a British invasion of 2000 to 14 million by 2010. In that same sion to commemorate the 400th anni- the rebelling colonies at the Battle of period, the growth rate for new job cre- versary of the arrival of Samuel de Valcour Island. ation in health care occupations is ex- Champlain in the Champlain Valley, Lake Champlain holds one of the pected to be 29 percent more than dou- and for other purposes; to the Com- largest and best preserved collections ble the growth projected for non-health mittee on Energy and Natural Re- of historic naval and other shipwrecks. occupations. Over 5.3 million people sources. As an avid scuba diver, I have viewed will be needed to fill these health-re- Mr. LEAHY. Mr. President, I submit many of the shipwrecks first hand and lated positions. However, as a nation, today a bill that will assist the States am always awed by how well they have we are not educating and training suf- of Vermont and New York in com- been preserved. ficient numbers of healthcare workers memorating the extraordinary cul- The Lake Champlain Maritime Mu- and providers, and therefore failing the tural; historical, and recreational her- seum, Lake Champlain Basin Program, American people. itage of one of Vermont’s greatest nat- and many other Vermonters and New There are two ways in which we are ural treasures, Lake Champlain. Yorkers have worked hard to preserve failing our citizens. The first is an Nearly 400 years ago, in 1609, Samuel our fabulous maritime archaeological over-reliance on foreign healthcare de Champlain entered a green valley heritage so that other intrepid adven- workers. Instead of committing our- where he arrived at the lake that today turers can dive in and explore a part of selves to training and educating Amer- carries his name. Lake Champlain Vermont’s past that helped shape the icans, we are importing large numbers stretches nearly 120 miles from White- direction of our developing Nation. of foreigners to meet our public health hall, NY, to the Richelieu River in Que- Over the years as my family and I ex- needs. For example, 25 percent of all physicians in the U.S. are immigrants, bec and is nestled between the dra- plored the lake’s maritime history we as are 16 percent of all laboratory tech- matic peaks of the New York’s Adiron- also learned about its role in the grow- nicians. Although these foreign work- dacks and Vermont’s picturesque ing economy of our young Nation. As ers are filling an important void, and Green Mountains. the United States became more settled are both qualified and competent, The Samuel de Champlain 400th Com- and stable, Lake Champlain became a thousands of qualified Americans wish- memoration Commission Act of 2004 center of flourishing commerce in the ing to pursue an education in will authorize the National Park Serv- Northeast and a critical conduit for ice to fund a Commemoration Com- healthcare fields are turned down every getting goods up and down the eastern year. It’s time we stop importing our mittee established with the Governors seaboard. skilled workers and start investing in of Vermont and New York in order to In fact, historians call the 19th nine- the expansion of a skilled workforce in plan national events for 2009 that cele- teenth century Lake Champlain’s our own country. In fact, given the re- brate the arrival of Samuel de Cham- ‘‘Golden Era’’ of waterborne commerce. cent economic downturn, and the high plain and the rich heritage of the During that time the lake’s peaceful level of unemployment in our country, lake—which includes all people present waters were churning with the wakes preparing Americans to work in an ex- when Champlain arrived in the valley of hundreds of steamboats, canal boats, panding job market such as healthcare and the communities that exist today. ferries, merchant sloops and schoo- is the right thing to do. We Vermonters sometimes affection- ners—all plying their trade to markets The second way in which we are fail- ately refer to Lake Champlain as the in the Northeast and abroad. ing the American people is by not edu- ‘‘Sixth Great Lake,’’ and I have many Today, the storied waters of Lake cating and training sufficient numbers fond memories of this wonderful lake. Champlain are treasured by of racial and ethnic minorities to work As a boy I spent time fishing and boat- Vermonters and New Yorkers and mil- in the healthcare system. The racial/ ing in its waters and over the years lions more as an outstanding natural, ethnic composition of the U.S. have taken my family on many enjoy- cultural, and recreational resource. Ac- healthcare workforce does not reflect able ferry rides across the lake. More tivities such as boating, fishing, and that of the general population. For ex- recently I have become an avid scuba tourism help Lake Champlain support ample, while Blacks, Hispanics, and diver, and my own explorations of ship- a regional economy of more than $9 bil- Native Americans represented 26 per- wreck sites in the lake have inspired lion dollars. No other inland body of cent of the general population in 2002, me to educate others about its history water has played such a decisive role in they only represented 6 percent of phy- and work to help preserve its unique the history of the United States as has sicians. heritage. Lake Champlain. A recent study of New Mexico Just as in my own family’s history, The arrival of Samuel de Champlain healthcare professionals concluded Lake Champlain’s history links to- had profound influence on our Nation’s that 88 percent of physicians are non- gether Vermont and our Nation’s sto- history that goes far beyond the simple Hispanic Whites, while only 6.5 percent ried histories. naming of a lake—this event lead to a are Hispanic. Overall, ethnic/racial mi- Shortly after Champlain entered the multitude of great historic, cultural, norities are inadequately represented region, what is now known as Lake and economic achievements that to in all healthcare professions in New Champlain was quickly recognized as this day continue to influence life Mexico. Additionally, in my State, 21 the vital transportation route for the throughout the United States. percent of Internal Medicine Special- Northeast which had been used by Na- This legislation will help our country ists are international medical school tive peoples for centuries. Early set- and the many small towns and groups graduates, and so are 15 percent of pri- tlers used the lake to explore unknown around Lake Champlain properly cele- mary care physicians. lands and create new settlements in brate our common heritage. A recent Institute of Medicine (IOM) the wilderness of Colonial North Amer- study described compelling evidence ica. By Mr. BINGAMAN: for the need to increase diversity with- Lake Champlain is awash in a rich S. 2739. A bill to improve the training in the health workforce. Diversity en- maritime history. The chain of lakes and retention of health professionals sures access to healthcare for under- that includes Lake Champlain has been under titles VII and VIII of the Public served populations and greater patient called the ‘‘The Great Warpath’’ be- Health Service Act, and for other pur- satisfaction. Many segments of the cause of its use by early Colonial ar- poses; to the Committee on Health, U.S. population, particularly minority mies and flotillas. It played a critical Education, Labor, and Pensions. groups, reside in medically underserved role in the birth of the United States Mr. BINGAMAN. Health care con- areas. Black and Hispanic health work- Navy through early military and naval tinues to be among the fastest growing ers are more likely to provide struggles played out along its shores sectors of the U.S. economy. From 1970 healthcare to Black and Hispanic pa- and in its bays. to 2002, the health care consumption tients, to serve poor, uninsured, or The most famous naval battle on doubled from 7 to 14 percent of the U.S. Medicaid-insured patients, and to lo- Lake Champlain occurred in 1776, dur- Gross Domestic Product (GDP). Em- cate their practices in underserved

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00098 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8715 areas. Furthermore, racial/ethnic mi- TITLE V—PROGRAM OF EXCELLENCE IN tion 101 of the Higher Education Act of 1965 nority patients are more satisfied with HEALTH PROFESSIONS EDUCATION (20 U.S.C. 1001). their providers when they are of the FOR UNDERREPRESENTED MINORITIES ‘‘SEC. 775A. PUBLIC SERVICE ANNOUNCEMENTS. same racial/ethnic group. Sec. 501. Purpose. ‘‘The Secretary shall develop and issue It is time we invest in our healthcare Sec. 502. Authorization of appropriation. public service announcements that advertise workforce; in our people; in our future. TITLE VI—HEALTH PROFESSIONS STU- and promote the allied health professions, That is why I am introducing the ‘‘In- DENT LOAN FUND; AUTHORIZATIONS highlight the advantages and rewards of the OF APPROPRIATIONS REGARDING STU- allied health professions, and encourage indi- vesting in America’s Future Act of viduals from disadvantaged communities and 2004’’ today. This bill has several com- DENTS FROM DISADVANTAGED BACK- GROUNDS backgrounds to enter the allied health pro- ponents aimed at improving and ex- fessions. panding education and training for Sec. 601. Student loans. Sec. 602. National Health Service Corps; re- ‘‘SEC. 775B. STATE AND LOCAL PUBLIC SERVICE healthcare workers. cruitment and fellowships for ANNOUNCEMENTS. This bill will provide incentives for individuals from disadvantaged ‘‘(a) IN GENERAL.—The Secretary shall Americans to seek and complete high- backgrounds. award grants to eligible entities to support State and local advertising campaigns quality allied health education and TITLE VII—MISCELLANEOUS through appropriate media outlets to pro- training. It will also expand the Health PROVISIONS mote the allied health professions, highlight Career Opportunities Program, which Sec. 703. Study by the Institute of Medicine. is aimed at enhancing the academic the advantages and rewards of the allied health professions, and encourage individ- skills of students from disadvantaged TITLE I—ALLIED HEALTH SEC. 101. FINDINGS. uals from disadvantaged communities and backgrounds and supporting them in backgrounds to enter the allied health pro- successfully entering and graduating Congress makes the following findings: (1) The Bureau of the Census øand other re- fessions. from health professions training pro- ports¿ highlight the increased demand for ‘‘(b) ELIGIBLE ENTITY.—In this section, the grams. It creates programs of excel- acute and chronic health care services term ‘eligible entity’ means an entity that lence in health professions education among both the general population and a is— for underrepresented minorities, and a rapidly øgrowing aging portion of the popu- ‘‘(1) a professional, national, or State al- health professions student loan fund lation¿. lied health association; for low-income and racial/ethnic mi- (2) The calls for reduction in medical er- ‘‘(2) a State health care provider; or nority students. Finally, this bill also rors, increased patient safety, and increased ‘‘(3) an association of entities that are each quality of care have resulted in an amplified a health care facility, an allied health edu- establishes a Health Work Advisory ø call for allied health professionals to provide cation program, or an entity that provides Commission, charged with creating a similar services or serves a like function¿. national vision to serve as a map for health care services. (3) Several allied health professions are ‘‘SEC. 775C. ALLIED HEALTH RECRUITMENT investing in the health workforce. characterized by workforce shortages, de- GRANT PROGRAM. We must ensure that qualified Ameri- clining enrollments in allied health edu- ‘‘(a) PROGRAM AUTHORIZED.—The Secretary cans who wish to enter the health cation programs, or a combination of both shall award grants to eligible entities to in- workforce are able to do so, and we factors, and hospital officials have reported crease allied health professions education must support the training and edu- vacancy rates in positions occupied by allied opportunities. cation of the generations of Americans health professionals. ‘‘(b) ELIGIBLE ENTITY.—In this section, the to come. In doing so, not only will we (4) Many allied health education programs term ‘eligible entity’ means an entity that help more Americans hold good jobs, are facing significant economic pressure that is— ‘‘(1) a professional, national, or State al- but we will also provide better could force their closure due to an insuffi- cient number of students. lied health association; healthcare to underserved and dis- ‘‘(2) a State health care provider; or SEC. 102. PURPOSES. advantaged groups. ‘‘(3) an association of entities that are each The purpose of this title is to ensure that Mr. President, I ask unanimous con- a health care facility, an allied health edu- the United States health care industry will sent that the text of this bill be in the cation program, øor an entity that provides have a supply of allied health professionals similar services or serves a like function¿. RECORD. needed to support the Nation’s health care ‘‘(c) USE OF FUNDS.—An eligible entity that There being two objection, the bill system in this decade and beyond by— receives a grant under this section shall use was ordered to be printed in the (1) providing incentives for members of the funds received under such grant to— RECORD, as follows: United States population to seek and com- ‘‘(1) support outreach programs at elemen- S. 2739 plete high-quality allied health education tary schools and secondary schools that in- and training; and Be it enacted by the Senate and House of Rep- form guidance counselors and students of resentatives of the United States of America in (2) providing additional funding to ensure education opportunities regarding the allied Congress assembled, that such education and training can be pro- health professions; vided to allied health students. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ‘‘(2) carry out special projects to increase (a) SHORT TITLE.—This Act may be cited as SEC. 103. AMENDMENTS TO PUBLIC HEALTH allied health professions education opportu- the ‘‘Investing in America’s Future Act of SERVICE ACT. nities for individuals who are from disadvan- 2004’’. (a) IN GENERAL.—Part E of title VII of the taged backgrounds (including racial and eth- (b) TABLE OF CONTENTS.—The table of con- Public Health Service Act (42 U.S.C. 294n et nic minorities underrepresented in the allied tents of this Act is as follows: seq.) is amended by adding at the end the fol- health professions) by providing student lowing: Sec. 1. Short title; table of contents. scholarships or stipends, pre-entry prepara- TITLE I—ALLIED HEALTH ‘‘Subpart 3—Allied Health Professionals tion, and retention activities; Sec. 101. Findings. ‘‘SEC. 775. DEFINITIONS. ‘‘(3) provide assistance to public and non- Sec. 102. Purposes. ‘‘In this subpart: profit private educational institutions to Sec. 103. Amendments to Public Health ‘‘(1) ALLIED HEALTH EDUCATION PROGRAM.— support remedial education programs for al- Service Act. The term ‘allied health education program’ lied health professions students who require TITLE II—HEALTH WORKFORCE means any education program at an accred- assistance with math, science, English, and ADVISORY COMMISSION ited institution of higher education leading medical terminology; Sec. 201. Health Workforce Advisory Com- to a certificate, an associate’s degree, a ‘‘(4) meet the costs of child care and trans- mission. bachelor’s degree, or a post baccalaureate portation for individuals who are taking part TITLE III—PHYSICIAN DEMONSTRATION degree in an allied health profession. in an allied health education program; or PROJECTS IN RURAL STATES ‘‘(2) ALLIED HEALTH PROFESSION.—The term ‘‘(5) support community-based partnerships Sec. 301. Definitions. ‘allied health profession’ means any profes- seeking to recruit allied health professionals Sec. 302. Rural States physician recruitment sion practiced by an individual in his or her in rural communities, urban medically un- and retention demonstration capacity as an allied health professional. derserved communities, and other commu- program. ‘‘(3) ELEMENTARY SCHOOL; SECONDARY nities experiencing an allied health profes- Sec. 303. Establishment of the health profes- SCHOOL.—The terms ‘elementary school’ and sions shortage. sions database. ‘secondary school’ have the meanings give to ‘‘SEC. 775D. GRANTS FOR HEALTH CAREER ACAD- Sec. 304. Evaluation and reports. those terms in section 9101 of the Elemen- EMIES. Sec. 305. Contracting flexibility. tary and Secondary Education Act of 1965 (20 ‘‘(a) IN GENERAL.—The Secretary shall TITLE IV—HEALTH CAREERS U.S.C. 7801). award grants to eligible entities for the pur- OPPORTUNITY PROGRAM ‘‘(4) INSTITUTION OF HIGHER EDUCATION.— pose of assisting such entities in collabo- Sec. 401. Purpose. The term ‘institution of higher education’ rating to carry out programs that form edu- Sec. 402. Authorization of appropriations. has the meaning given to that term in sec- cation pipelines to facilitate the entry of

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00099 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8716 CONGRESSIONAL RECORD — SENATE July 22, 2004 students of secondary schools, especially retary measurable and substantive improve- ‘‘(4) provide that loans may be made from underrepresented racial and ethnic minori- ment in allied health professional retention such fund only to faculty pursuing a full- ties, into careers in the allied health profes- or patient care. time course of study or, at the discretion of sions. ‘‘(d) ELIGIBLE ENTITY.—In this section, the the Secretary, a part-time course of study in ‘‘(b) ELIGIBLE ENTITY.—In this section, the term ‘eligible entity’ means a health care fa- an advanced degree program; and term ‘eligible entity’ means an institution cility, or any partnership or coalition includ- ‘‘(5) contain such other provisions as are that offers an allied health education pro- ing a health care facility or an allied health necessary to protect the financial interests gram, a health care facility, or a secondary education program. of the United States. school. ‘‘SEC. 775F. DEVELOPING MODELS AND BEST ‘‘(c) LOAN PROVISIONS.—Loans from any ‘‘SEC. 775E. ALLIED HEALTH PROFESSION, PRAC- PRACTICES PROGRAM. faculty loan fund established by an institu- TICE, AND RETENTION GRANTS. ‘‘(a) MODELS AND BEST PRACTICES.— tion pursuant to an agreement under this ‘‘(a) EDUCATION PRIORITY AREAS.—The Sec- ‘‘(1) GRANTS.—The Secretary shall award section shall be made to an individual on retary may award grants to or enter into grants to eligible entities to enable such en- such terms and conditions as the institution contracts with eligible entities for— tities to carry out demonstrations of models may determine, except that— ‘‘(1) expanding the enrollment in allied and best practices in allied health for the ‘‘(1) such terms and conditions are subject health profession education programs, espe- purpose of developing innovative strategies to any conditions, limitations, and require- cially by underrepresented racial and ethnic or approaches for the retention of allied ments prescribed by the Secretary; minority students; and health professionals. ‘‘(2) in the case of any individual, the total ‘‘(2) providing allied health education ‘‘(2) DISTRIBUTION OF GRANTS.—The Sec- of the loans for any academic year made by through new technologies and methods, in- retary shall ensure the distribution of grants an institution from loan funds established cluding distance learning methodologies. under this subsection to a range of types and pursuant to agreements under this section ‘‘(b) PRACTICE PRIORITY AREAS.—The Sec- sizes of facilities, including facilities located may not exceed $30,000, plus any amount de- retary may award grants to or enter into in rural, urban, and suburban areas and a va- termined by the Secretary on an annual contracts with eligible entities for— riety of geographic regions. basis to reflect inflation; ‘‘(1) establishing or expanding allied health ‘‘(3) USE OF FUND.—The Secretary may not ‘‘(3) an amount up to 85 percent of any such professions practice arrangements in non- make a grant to an eligible entity under this loan (plus interest thereon) shall be canceled institutional settings to demonstrate meth- subsection unless the entity agrees to use by the institution as follows— ods to improve access to primary health care funds received under the grant to carry out ‘‘(A) upon completion by the individual of in rural areas and other medically under- demonstrations of models and best practices each of the first, second, and third year of served communities; in allied health for the purpose of— full-time employment required by the loan ‘‘(2) providing care for underserved popu- ‘‘(A) promoting retention and satisfaction agreement entered into under this section, lations and other high-risk groups such as of allied health professionals; as a faculty member in an allied health edu- the elderly, individuals with HIV/AIDS, sub- ‘‘(B) promoting opportunities for allied cation program, the institution shall cancel stance abusers, the homeless, and victims of health professionals to pursue education, ca- ll percent of the principal of, and the in- domestic violence; reer advancement, and organizational rec- terest on, the amount of such loan unpaid on ‘‘(3) providing managed care, information ognition; and the first day of such employment; and management, quality improvement, and ‘‘(C) developing continuing education pro- ‘‘(B) upon completion by the individual of other skills needed to practice in existing grams that instruct allied health profes- the fourth year of full-time employment, re- and emerging organized health care systems; sionals on how to use emerging medical tech- quired by the loan agreement entered into or nologies and how to address current and fu- under this section, as a faculty member in an ‘‘(4) developing generational and cultural ture health care needs. allied health education program, the school competencies among allied health profes- ‘‘(b) MODELS OF EXCELLENCE.—The Sec- shall cancel 25 percent of the principal of, sionals. retary shall award grants to øarea health and the interest on, the amount of such loan ‘‘(c) RETENTION PRIORITY AREAS.— education centers¿ to enable such centers to unpaid on the first day of such employment; ‘‘(1) IN GENERAL.—The Secretary may enter into contracts with allied health edu- ‘‘(4) such a loan may be used to pay the award grants to and enter into contracts cation programs— cost of tuition, fees, books, laboratory ex- with eligible entities to enhance the allied ‘‘(1) to expand the operation of area health penses, and other reasonable education ex- health professions workforce by initiating education centers to work in communities to penses; and maintaining allied health retention pro- develop models of excellence for allied ‘‘(5) such a loan shall be repayable in equal grams pursuant to paragraph (2) or (3). health professionals; or or graduated periodic installments (with the ‘‘(2) GRANTS FOR CAREER LADDER PRO- ‘‘(2) to expand any junior or senior sec- right of the borrower to accelerate repay- GRAMS.—The Secretary may award grants to ondary school mentoring programs to in- and enter into contracts with eligible enti- ment) over the 10-year period that begins 9 clude an allied health professions mentoring months after the individual ceases to pursue ties for programs— program. ‘‘(A) to promote career advancement for al- a course of study in an allied health edu- ‘‘(c) DEFINITION.—In this section the term cation program; and lied health professionals in a variety of ‘eligible entity’ means a health care facility, training settings, cross training or specialty ‘‘(6) such a loan shall— or any partnership or coalition containing a ‘‘(A) beginning on the date that is 3 training among diverse population groups, health care facility and an allied health edu- and the advancement of individuals; and months after the individual ceases to pursue cation program. a course of study in an allied health edu- ‘‘(B) to assist individuals in obtaining edu- ‘‘SEC. 775G. ALLIED HEALTH FACULTY LOAN PRO- cation and training required to enter the al- cation program, bear interest on the unpaid GRAM. balance of the loan at the rate of 3 percent lied health professions and advance within ‘‘(a) ESTABLISHMENT.—The Secretary, act- per annum; or such professions, such as by providing career ing through the Administrator of the Health ‘‘(B) subject to subsection (e), if the insti- counseling and mentoring. Resources and Services Administration, may tution determines that the individual will ‘‘(3) ENHANCING PATIENT CARE DELIVERY enter into an agreement with any institution not complete such course of study or serve as SYSTEMS.— of higher education offering an allied health a faculty member as required under the loan ‘‘(A) GRANTS.—The Secretary may award education program for the establishment and agreement under this subsection, bear inter- grants to eligible entities to improve the re- operation of a faculty loan fund in accord- est on the unpaid balance of the loan at the tention of allied health professionals and en- ance with this section, to increase the num- prevailing market rate. hance patient care that is directly related to ber of qualified allied health faculty. ‘‘(d) PAYMENT OF PROPORTIONATE SHARE.— allied health activities by enhancing collabo- ‘‘(b) AGREEMENTS.—Each agreement en- Where all or any part of a loan, or interest, ration and communication among allied tered into under this section shall— is canceled under this section, the Secretary health professionals and other health care ‘‘(1) provide for the establishment of a loan shall pay to the institution and amount professionals, and by promoting the involve- fund by the institution involved; equal to the school’s proportionate share of ment of allied health professionals in the or- ‘‘(2) provide for deposit in the fund of— the canceled portion, as determined by the ganizational and clinical decisionmaking ‘‘(A) the Federal capital contributions to Secretary. processes of a health care facility. the fund; ‘‘(e) REVIEW BY SECRETARY.—At the re- ‘‘(B) PREFERENCE.—In making awards of ‘‘(B) an amount equal to not less than one- quest of the individual involved, the Sec- grants under this paragraph, the Secretary ninth of such Federal capital contributions, retary may review any determination by an shall give preference to applicants that have contributed by such institution; institution under this section. not previously received an award under this ‘‘(C) collections of principal and interest ‘‘SEC. 775H. SCHOLARSHIP PROGRAM FOR SERV- paragraph and to applicants from rural, un- on loans made from the fund; and ICE IN RURAL AND OTHER MEDI- derserved areas. ‘‘(D) any other earnings of the fund; CALLY UNDER-SERVED AREAS. ‘‘(C) CONTINUATION OF AN AWARD.—The Sec- ‘‘(3) provide that the fund will be used only ‘‘(a) SCHOLARSHIP PROGRAM.— retary shall make continuation of any award for loans to faculty of allied health edu- ‘‘(1) IN GENERAL.—The Secretary shall under this paragraph beyond the second year cation programs in accordance with sub- carry out a program of entering into con- of such award contingent on the recipient of section (c) and for the costs of collection of tracts with eligible individuals under which such award having demonstrated to the Sec- such loans and interest thereon; such individuals agree to serve as allied

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HEALTH WORKFORCE ADVISORY COM- sionals in consideration of the Federal Gov- tinuing education program shall— MISSION. ernment agreeing to provide to the individ- ‘‘(1) provide support for allied health edu- (a) ESTABLISHMENT.—The Comptroller Gen- uals scholarships for attendance in an allied cation program faculty and mentors; eral of the United States (referred to in this health education program. ‘‘(2) provide support for allied health pro- title as the ‘‘Comptroller General’’) shall es- ‘‘(2) ELIGIBLE INDIVIDUALS.—In this sub- fessionals participating on a full-time or a tablish a commission to be known as the section, the term ‘eligible individual’ means part-time basis; and Health Workforce Advisory Commission (re- an individual who is enrolled or accepted for ‘‘(3) encourage the development of special- ferred to in this title as the ‘‘Commission’’). enrollment as a full-time or part-time stu- ties. (b) MEMBERSHIP.— dent in an allied health education program. ‘‘(c) ELIGIBLE ENTITY.—In this section, the (1) IN GENERAL.—The Commission shall be ‘‘(3) SERVICE REQUIREMENT.— term ‘eligible entity’ means a partnership of composed of 18 members to be appointed by ‘‘(A) IN GENERAL.—The Secretary may not an allied health education program and a the Comptroller General not later than 90 enter into a contract with an eligible indi- health care facility. days after the date of enactment of this Act, and an ex-officio member who shall serve as vidual under this section unless the indi- ‘‘SEC. 775J. GRANTS FOR PARTNERSHIPS. vidual agrees to serve as an allied health the Director of the Commission. ‘‘(a) IN GENERAL.—The Secretary shall professional at a health care facility with a (2) QUALIFICATIONS.—In appointing mem- award grants to eligible entities to enable critical shortage of allied health profes- bers to the Commission under paragraph (1), such entities to form partnerships to carry sionals for a period of full-time service of not the Comptroller General shall ensure that— out the activities described in this section. less than 2 years, or for a period of part-time (A) the Commission includes individuals ‘‘(b) USE OF FUNDS.—An eligible entity service in accordance with subparagraph (B). with national recognition for their expertise that receives a grant under this section shall ‘‘(B) PART-TIME SERVICE.—An individual in health care workforce issues, including use amounts received under the grant to— may complete the period of service described workforce forecasting, undergraduate and ‘‘(1) provide employees of the health care in subparagraph (A) on a part-time basis if graduate training, economics, health care facility involved advanced training and edu- the individual has a written agreement and health care systems financing, public cation in an allied health education pro- that— health policy, and other fields; gram; ‘‘(i) is entered into by the health care facil- (B) the members are geographically rep- ‘‘(2) establish or expand allied health prac- ity involved and the individual and is ap- resentative of the United States and main- tice arrangements in noninstitutional set- proved by the Secretary; and tain a balance between urban and rural rep- tings to demonstrate methods to improve ac- ‘‘(ii) provides that the period of obligated resentatives; cess to health care in rural and other medi- service will be extended so that the aggre- (C) the members include a representative cally underserved communities; gate amount of service performed will equal from the commissioned corps of the Public ‘‘(3) purchase distance learning technology the amount of service that would be per- Health Service; to extend general education and training formed through a period of full-time service (D) the members represent the spectrum of programs to rural areas, and to extend spe- of not less than 2 years. professions in the current and future cialty education and training programs to healthcare workforce, including physicians, ‘‘(4) PREFERENCE.—In awarding scholar- all areas; and nurses, and other health professionals and ships under this section, the Secretary shall ‘‘(4) establish or expand mentoring, clin- personnel, and are skilled in the conduct and give a preference to applicants with the ical education, and internship programs for interpretation of health workforce measure- greatest financial need, applicants currently training in specialty care areas. ment, monitoring and analysis, health serv- working in a health care facility who agree ices, economics, and other workforce related to serve the period of obligated service at ‘‘(c) ELIGIBLE ENTITY.—In this section, the research and technology assessment; such facility, minority allied health appli- term ‘eligible entity’ means a partnership of (E) at least 25 percent of the members who cants, and applicants with an interest in a an allied health education program and a are health care providers are from rural practice area of allied health that has unmet health care facility formed to carry out the activities described in this section. areas; and needs. (F) a majority of the members are individ- ‘‘(b) REPORTS.—Not later than 18 months ‘‘SEC. 775K. ALLIED HEALTH WORKFORCE DATA uals who are not currently primarily in- after the date of enactment of this subpart COLLECTION AND ANALYSIS. volved in the provision or management of and annually thereafter, the Secretary shall ‘‘The Secretary, in conjunction with allied prepare and submit to Congress a report de- health professional associations, shall de- health professions education and training scribing the programs carried out under this velop a system for collecting and analyzing programs. section, including statements regarding— allied health workforce data gathered by the (3) TERMS AND VACANCIES.— ‘‘(1) the number of enrollees by specialty or Bureau of Labor Statistics, the Health Re- (A) TERMS.—The term of service of the discipline, scholarships, and grant recipi- sources and Services Administration, the De- members of the Commission shall be for 3 ents; partment of Health and Human Services, the years, except that the Comptroller General ‘‘(2) the number of graduates; Department of Veterans Affairs, the Center shall designate staggered terms for members ‘‘(3) the amount of scholarship payments for Medicare & Medicaid Services, the De- initially appointed under paragraph (1). made; partment of Defense, allied health profes- (B) VACANCIES.—Any member of the Com- ‘‘(4) which educational institutions the re- sional associations, and regional centers for mission who is appointed to fill a vacancy on cipients attended; health workforce studies for the purpose of— the Commission that occurs before the expi- ‘‘(5) the number and placement location of ‘‘(1) determining educational pipeline and ration of the term for which the member’s the scholarship recipients at health care fa- practitioner shortages; and predecessor was appointed shall be appointed cilities with a critical shortage of allied ‘‘(2) projecting future needs for such a only for the remainder of that term. health professionals; workforce. (4) CHAIRPERSON.— ‘‘(6) the default rate and actions required; (A) DESIGNATION.—The Comptroller Gen- ‘‘SEC. 775L. REPORTS BY GOVERNMENT AC- eral shall designate a member of the Com- ‘‘(7) the amount of outstanding default COUNTABILITY OFFICE. funds of the scholarship program; mission, at the time of the appointment of ‘‘The Comptroller General of the United such member— ‘‘(8) to the extent that it can be deter- States shall conduct an evaluation of wheth- mined, the reason for the default; (i) to serve as the Chairperson of the Com- er the activities carried out under this sub- mission; and ‘‘(9) the demographics of the individuals part have demonstrably increased the num- participating in the scholarship program; (ii) to serve as the Vice Chairperson of the ber of applicants to allied health education Commission. and programs. Not later than 4 years after the (B) TERM.—A member of the Commission ‘‘(10) an evaluation of the overall costs and date of the enactment of this subpart, the benefits of the program. shall serve as the Chairperson or Vice Chair- Comptroller General shall submit a report to person of the Commission under subpara- ‘‘SEC. 775I. GRANTS FOR CLINICAL EDUCATION, the Congress on the results of such evalua- graph (A) for the term of such member. INTERNSHIP, RESIDENCY PRO- tion. GRAMS, AND CONTINUING EDU- (C) VACANCY.—In the case of a vacancy in CATION. ‘‘SEC. 775M. AUTHORIZATION OF APPROPRIA- the Chairpersonship or Vice Chairpersonship, TIONS. ‘‘(a) PROGRAM AUTHORIZED.—The Secretary the Comptroller General shall designate an- shall award grants to eligible entities to de- ‘‘There are authorized to be appropriated other member to serve for the remainder of velop allied health clinical education, in- to carry out this subpart, such sums as may the vacant member’s term. ternship, residency, and continuing edu- be necessary for fiscal years 2005 through (c) DUTIES.—The Commission shall— cation programs described in subsection (b). 2009.’’. (1) review the health workforce policies ‘‘(b) USE OF FUNDS.—The Secretary may (b) CENTERS OF EXCELLENCE.—Subpara- implemented— not award a grant to an eligible entity under graph (A) of section 736(g)(1) of the Public (A) under titles XVIII and XIX of the So- this section unless the entity agrees to use Health Service Act (42 U.S.C. 293(g)(1)) is cial Security Act (42 U.S.C. 1395, 1396 et seq.); the grant to develop clinical education, in- amended by inserting ‘‘a school of allied (B) under titles VII and VIII of the Public ternship, residency, and continuing edu- health,’’ after ‘‘a school of pharmacy,’’. Health Service Act (42 U.S.C. 292, 296 et seq.);

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(C) by the National Institutes of Health; reviews and submit additional reports to the (5) AUDITS.—The Commission shall be sub- (D) by the Department of Health and appropriate committees of Congress on top- ject to periodic audit by the Comptroller Human Services; ics relating to Federal health workforce-re- General. (E) by the Department of Veterans Affairs; lated programs and as may be requested by (g) FUNDING.— and the chairman and ranking members of such (1) REQUESTS.—The Commission shall sub- (F) by other departments and agencies as committees. mit requests for appropriations in the same appropriate; (3) AVAILABILITY OF REPORTS.—The Com- manner as the Comptroller General submits (2) analyze and make recommendations to mission shall transmit to the Secretary of such requests. Amounts appropriated for the improve the methods used to measure and Health and Human Services a copy of each Commission shall be separate from amounts monitor the health workforce and the rela- report submitted by the Commission under appropriated for the Comptroller General. tionship between the number and make up of this section and shall make such reports (2) AUTHORIZATION OF APPROPRIATIONS.— such personnel and the access of individuals available to the public. There are authorized to be appropriated to to appropriate health care; (e) POWERS OF THE COMMISSION.— carry out this section, $6,000,000 for fiscal (3) review the impact of health workforce (1) GENERAL POWERS.—Subject to such re- year 2005, and such sums as may be necessary policies and other factors on the ability of view as the Comptroller General determines for each subsequent fiscal year, of which— the health care system to provide optimal to be necessary to ensure the efficient ad- (A) 80 percent of such appropriated amount medical and health care services; ministration of the Commission, the Com- shall be made available from the Federal (4) analyze and make recommendations mission may— Hospital Insurance Trust Fund under section pertaining to Federal incentives (financial, (A) employ and fix the compensation of the 1817 of the Social Security Act (42 U.S.C. regulatory, and otherwise) and Federal pro- Executive Director and such other personnel 1395i); and grams that are in place to promote the edu- as may be necessary to carry out its duties; (B) 20 percent of such appropriated amount cation of an appropriate number and mix of (B) seek such assistance and support as shall be made available from amounts appro- health professionals to provide access to ap- may be required in the performance of its du- priated to carry out title XIX of such Act (42 propriate health care in the United States; ties from appropriate Federal departments U.S.C. 1396 et seq.). (5) analyze and make recommendations and agencies; (h) DEFINITION.—In this title, the term ‘‘ap- about the appropriate supply and distribu- (C) enter into contracts or make other ar- propriate committees of Congress’’ means tion of physicians, nurses, and other health rangements as may be necessary for the con- the Committee on Finance of the Senate and professionals and personnel to achieve a duct of the work of the Commission; the Committee on Ways and Means of the health care system that is safe, effective, pa- (D) make advance, progress, and other pay- House of Representatives. tient centered, timely, equitable, and effi- ments that relate to the work of the Com- TITLE III—PHYSICIAN DEMONSTRATION cient; mission; PROJECTS IN RURAL STATES (6) analyze the role and global implications (E) provide transportation and subsistence SEC. 301. DEFINITIONS. of internationally trained physicians, nurses, for personnel who are serving without com- In this title: and other health professionals and personnel pensation; and (1) COGME.—The term ‘‘COGME’’ means in the United States health workforce; (F) prescribe such rules and regulations at the Council on Graduate Medical Education (7) analyze and make recommendations the Commission determines necessary with established under section 762 of the Public about achieving appropriate diversity in the respect to the internal organization and op- Health Service Act (42 U.S.C. 294o). United States health workforce; eration of the Commission. (2) DEMONSTRATION PROGRAM.—The term (8) conduct public meetings to discuss (2) INFORMATION.—To carry out its duties ‘‘demonstration program’’ means the Rural health workforce policy issues and help for- under this section, the Commission— States Physician Recruitment and Retention mulate recommendations for Congress and (A) shall have unrestricted access to all de- Demonstration Program established by the the Secretary of Health and Human Services; liberations, records, and nonproprietary data Secretary under section 302(a). (9) in the course of meetings conducted maintained by the Government Account- (3) DEMONSTRATION STATES.—The term under paragraph (8), consider the results of ability Office; ‘‘demonstration States’’ means each State staff research, presentations by policy ex- (B) may secure directly from any depart- identified by the Secretary, based upon data perts, and comments from interested parties; ment or agency of the United States infor- from the most recent year for which data are (10) make recommendations to Congress mation necessary to enable the Commission available— concerning health workforce policy issues; to carry out its duties under this section, on (A) that has an uninsured population above (11) not later than April 15, 2005, and each a schedule that is agreed upon between the 16 percent (as determined by the Bureau of April 15 thereafter, submit a report to Con- Chairperson and the head of the department the Census); gress containing the results of the reviews or agency involved; (B) for which the sum of the number of in- conducted under this subsection and the rec- (C) shall utilize existing information (pub- dividuals who are entitled to benefits under ommendations developed under this sub- lished and unpublished) collected and as- the medicare program under title XVIII of section; sessed either by the staff of the Commission the Social Security Act (42 U.S.C. 1395 et (12) periodically, as determined appro- or under other arrangements; seq.) and the number of individuals who are priate by the Commission, submit reports to (D) may conduct, or award grants or con- eligible for medical assistance under the Congress concerning specific issues that the tracts for the conduct of, original research medicaid program under title XIX of such Commission determines are of high impor- and experimentation where information Act (42 U.S.C. 1396 et seq.) equals or exceeds tance; and available under subparagraphs (A) and (B) is 20 percent of the total population of the (13) carry out any other activities deter- inadequate; State (as determined by the Centers for mined appropriate by the Secretary of (E) may adopt procedures to permit any in- Medicare & Medicaid Services); and Health and Human Services. terested party to submit information to be (C) that has an estimated number of indi- (d) ONGOING DUTIES CONCERNING REPORTS used by the Commission in making reports viduals in the State without access to a pri- AND REVIEWS.— and recommendations under this section; mary care provider of at least 17 percent (as (1) COMMENTING ON REPORTS.— and published in ‘‘HRSA’s Bureau of Primary (A) SUBMISSION TO COMMISSION.—The Sec- (F) may carry out other activities deter- Health Care: BPHC State Profiles’’). retary of Health and Human Services shall mined appropriate by the Commission. (4) ELIGIBLE RESIDENCY OR FELLOWSHIP transmit to the Commission a copy of each (f) ADMINISTRATIVE PROVISIONS.— GRADUATE.—The term ‘‘eligible residency or report that is submitted by the Secretary to (1) COMPENSATION.—While serving on the fellowship graduate’’ means a graduate of an Congress if such report is required by law business of the Commission a member of the approved medical residency training pro- and relates to health workforce policy. Commission shall be entitled to compensa- gram (as defined in section 1886(h)(5)(A) of (B) REVIEW.—The Commission shall review tion at the per diem equivalent of the rate the Social Security Act (42 U.S.C. a report transmitted under subparagraph (A) provided for under level IV of the Executive 1395ww(h)(5)(A))) in a shortage physician spe- and, not later than 6 months after the date Schedule under title 5, United States Code. cialty. on which the report is transmitted, submit (2) MEETINGS.—The Commission shall meet (5) HEALTH PROFESSIONS DATABASE.—The to the appropriate committees of Congress at the call of the Chairperson. term ‘‘Health Professions Database’’ means written comments concerning such report. (3) EXECUTIVE DIRECTOR AND STAFF.—The the database established under section 303(a). Such comments may include such rec- Comptroller General shall appoint an indi- (6) MEDICARE PROGRAM.—The term ‘‘medi- ommendations as the Commission deter- vidual to serve as the interim Executive Di- care program’’ means the health benefits mines appropriate. rector of the Commission until the members program under title XVIII of the Social Se- (2) AGENDA AND ADDITIONAL REVIEWS.— of the Commission are able to select a per- curity Act (42 U.S.C. 1395 et seq.). (A) IN GENERAL.—The Commission shall manent Executive Director under subsection (7) MEDPAC.—The term ‘‘MedPAC’’ means consult periodically with the chairman and (e)(1)(A). the Medicare Payment Advisory Commission ranking members of the appropriate commit- (4) ETHICAL DISCLOSURE.—The Comptroller established under section 1805 of the Social tees of Congress concerning the agenda and General shall establish a system for public Security Act (42 U.S.C. 1395b–6). progress of the Commission. disclosure by members of the Commission of (8) SECRETARY.—The term ‘‘Secretary’’ (B) ADDITIONAL REVIEWS.—The Commission financial and other potential conflicts of in- means the Secretary of Health and Human may from time to time conduct additional terest relating to such members. Services.

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(9) SHORTAGE PHYSICIAN SPECIALTY.—The ing the residency or fellowship, the resident formation as the Secretary may reasonably term ‘‘shortage physician specialty’’ means a or fellow shall spend not less than 10 percent require. medical or surgical specialty identified in a of the training time providing specialty serv- (ii) REASSESSMENT OF NEED.—The Sec- demonstration State by the Secretary based ices to underserved and rural community retary shall reassess the shortage physician on— populations other than an underserved popu- specialty in the demonstration State prior to (A) an analysis and comparison of national lation of the sponsoring institution. accepting an application for repayment of data and demonstration State data; and (II) EXCEPTIONS.—The Secretary, in con- any loan under this paragraph after the date (B) recommendations from appropriate sultation with COGME, shall identify short- that is 5 years after the date on which the Federal, State, and private commissions, age physician specialties and subspecialties demonstration program is established. centers, councils, medical and surgical phy- for which the application of the provision de- (E) CONSTRUCTION.—Nothing in the section sician specialty boards, and medical soci- scribed in subclause (I) would be inappro- shall be construed to authorize any refund- eties or associations involved in physician priate and the Secretary may waive the re- ing of any repayment of a loan. workforce, education and training, and pay- quirement under clause (i) that such provi- (F) PREVENTION OF DOUBLE BENEFITS.—No ment issues. sion be included in the contract of a resident borrower may, for the same service, receive SEC. 302. RURAL STATES PHYSICIAN RECRUIT- or fellow with such a specialty or sub- a benefit under both this paragraph and any MENT AND RETENTION DEMONSTRA- specialty. loan repayment or forgiveness program TION PROGRAM. (D) LIMITATIONS.— under title VII of the Public Health Service (a) ESTABLISHMENT.— (i) PERIOD OF PAYMENT.—The Secretary Act (42 U.S.C. 292 et seq.). (1) IN GENERAL.—The Secretary shall estab- (d) WAIVER OF MEDICARE REQUIREMENTS.— lish a Rural States Physician Recruitment may not fund any residency or fellowship po- The Secretary is authorized to waive any re- and Retention Demonstration Program for sition identified under subparagraph (B)(i) quirement of the medicare program, or ap- the purpose of ameliorating physician short- for a period of more than 5 years. prove equivalent or alternative ways of age, recruitment, and retention problems in (ii) REASSESSMENT OF NEED.—The Sec- meeting such a requirement, if such waiver rural States in accordance with the require- retary shall reassess the status of the short- is necessary to carry out the demonstration ments of this section. age physician specialty in the demonstration program, including the waiver of any limita- (2) CONSULTATION.—For purposes of estab- State prior to entering into any contract tion on the amount of payment or number of lishing the demonstration program, the Sec- under subparagraph (C) after the date that is residents under section 1886 of the Social Se- retary shall consult with— 5 years after the date on which the Secretary curity Act (42 U.S.C. 1395ww). (A) COGME; establishes the demonstration program. (e) APPROPRIATIONS.— (B) MedPAC; (2) LOAN REPAYMENT AND FORGIVENESS PRO- (1) FUNDING OF ADDITIONAL RESIDENCY AND (C) a representative of each demonstration GRAM.— FELLOWSHIP POSITIONS.—Any expenditures re- State medical society or association; (A) IN GENERAL.—As part of the demonstra- sulting from the establishment of the fund- (D) the health workforce planning and phy- tion program, the Secretary (acting through ing of additional residency and fellowship sician training authority of each demonstra- the Administrator of the Health Resources positions under subsection (c)(1) shall be tion State; and and Services Administration) shall establish made from the Federal Hospital Insurance (E) any other entity described in section a loan repayment and forgiveness program, Trust Fund under section 1817 of the Social 301(9)(B). through the holder of the loan, under which (b) DURATION.—The Secretary shall con- the Secretary assumes the obligation to Security Act (42 U.S.C. 1395i). duct the demonstration program for a period repay a qualified loan amount for an edu- (2) LOAN REPAYMENT AND FORGIVENESS PRO- of 10 years. cational loan of an eligible residency or fel- GRAM.—There are authorized to be appro- (c) CONDUCT OF PROGRAM.— lowship graduate— priated such sums as may be necessary to (1) FUNDING OF ADDITIONAL RESIDENCY AND (i) for whom the Secretary has approved an carry out the loan repayment and forgive- FELLOWSHIP POSITIONS.— application submitted under subparagraph ness program established under subsection (A) IN GENERAL.—As part of the demonstra- (D); and (c)(2). tion program, the Secretary (acting through (ii) with whom the Secretary has entered SEC. 303. ESTABLISHMENT OF THE HEALTH PRO- the Administrator of the Centers for Medi- into a contract under subparagraph (C). FESSIONS DATABASE. care & Medicaid Services) shall— (B) QUALIFIED LOAN AMOUNT.— (a) ESTABLISHMENT OF THE HEALTH PROFES- (i) notwithstanding section 1886(h)(4)(F) of (i) IN GENERAL.—Subject to clause (ii), the SIONS DATABASE.— the Social Security Act (42 U.S.C. Secretary shall repay the lesser of— (1) IN GENERAL.—Not later than 7 months 1395ww(h)(4)(F)) increase, by up to 50 percent (I) 25 percent of the loan obligation of a after the date of enactment of this Act, the of the total number of residency and fellow- graduate on a loan that is outstanding dur- Secretary (acting through the Administrator ship positions approved at each medical resi- ing the period that the eligible residency or of the Health Resources and Services Admin- dency training program in each demonstra- fellowship graduate practices in the area istration) shall establish a State-specific tion State, the number of residency and fel- designated by the contract entered into health professions database to track health lowship positions in each shortage physician under subparagraph (C); or professionals in each demonstration State specialty; and (II) $25,000 per graduate per year of such with respect to specialty certifications, prac- (ii) subject to subparagraph (C), provide obligation during such period. tice characteristics, professional licensure, funding under subsections (d)(5)(B) and (h) of (ii) LIMITATION.—The aggregate amount practice types, locations, education, and section 1886 of the Social Security Act (42 under this subparagraph may not exceed training, as well as obligations under the U.S.C. 1395ww) for each position added under $125,000 for any graduate and the Secretary demonstration program as a result of the clause (i). may not repay or forgive more than 30 loans execution of a contract under paragraph (B) ESTABLISHMENT OF ADDITIONAL POSI- per year in each demonstration State under (1)(C) or (2)(C) of section 302(c). TIONS.— this paragraph. (2) DATA SOURCES.—In establishing the (i) IDENTIFICATION.—The Secretary shall (C) CONTRACTS WITH RESIDENTS AND FEL- Health Professions Database, the Secretary identify each additional residency and fel- LOWS.— shall use the latest available data from ex- lowship position created as a result of the (i) IN GENERAL.—Each eligible residency or isting health workforce files, including the application of subparagraph (A). fellowship graduate desiring repayment of a American Medical Association Master File, (ii) NEGOTIATION AND CONSULTATION.—The loan under this paragraph shall execute a State databases, specialty medical society Secretary shall negotiate and consult with contract containing the provisions described data sources and information, and such other representatives of each approved medical in clause (ii). data points as may be recommended by residency training program in a demonstra- (ii) PROVISIONS.—The provisions described COGME, MedPAC, the National Center for tion State at which a position identified in this clause are provisions that require the Workforce Information and Analysis, or the under clause (i) is created for purposes of eligible residency or fellowship graduate— medical society of the respective demonstra- supporting such position. (I) to practice in a health professional tion State. (C) CONTRACTS WITH SPONSORING INSTITU- shortage area of a demonstration State dur- (b) AVAILABILITY.— TIONS.— ing the period in which a loan is being repaid (1) DURING THE PROGRAM.—During the dem- (i) IN GENERAL.—The Secretary shall condi- or forgiven under this section; and onstration program, data from the Health tion the availability of funding for each resi- (II) to provide health services relating to Professions Database shall be made available dency and fellowship position identified the shortage physician specialty of the grad- to the Secretary, each demonstration State, under subparagraph (B)(i) on the execution uate that was funded with the loan being re- and the public for the purposes of— of a contract containing such provisions as paid or forgiven under this section during (A) developing a baseline with respect to a the Secretary determines are appropriate, such period. State’s health professions workforce and to including the provision described in clause (D) APPLICATION.— track changes in a demonstration State’s (ii) by each sponsoring institution. (i) IN GENERAL.—Each eligible residency or health professions workforce; (ii) PROVISION DESCRIBED.— fellowship graduate desiring repayment of a (B) tracking direct and indirect graduate (I) IN GENERAL.—Except as provided in sub- loan under this paragraph shall submit an medical education payments to hospitals; clause (II), the provision described in this application to the Secretary at such time, in (C) tracking the forgiveness and repayment clause is a provision that provides that, dur- such manner, and accompanied by such in- of loans for educating physicians; and

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00103 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8720 CONGRESSIONAL RECORD — SENATE July 22, 2004 (D) tracking commitments by physicians issues, cultural and linguistic competence, well as in reducing the drain on the medical under the demonstration program. and eliminating health disparities. education systems of other countries. (2) FOLLOWING THE PROGRAM.—Following SEC. 502. AUTHORIZATION OF APPROPRIATION. (c) REPORT.—The contract under sub- the termination of the demonstration pro- Section 736(h)(1) of the Public Health Serv- section (a) shall require the Institute of Med- gram, a demonstration State may elect to ice Act (42 U.S.C. 293(h)(1)) is amended to icine to submit a report to the Secretary of maintain the Health Professions Database read as follows: Health and Human Services on the results of the study not later than 12 months after the for such State at its expense. ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— (c) AUTHORIZATION OF APPROPRIATIONS.— For the purpose of making grants under sub- date on which the contract is entered into. There are authorized to be appropriated such section (a), there are authorized to be appro- The Secretary shall submit such report to sums as may be necessary for the purpose of priated $50,000,000 for fiscal year 2005, and the Committee on Health, Education, Labor, carrying out this section. such sums as may be necessary for each of and Pensions of the Senate and the Com- SEC. 304. EVALUATION AND REPORTS. the fiscal years 2006 through 2010.’’. mittee on Commerce of the House of Rep- (a) EVALUATION.— resentatives. TITLE VI—HEALTH PROFESSIONS STU- (1) IN GENERAL.—COGME and MedPAC DENT LOAN FUND; AUTHORIZATIONS OF shall jointly conduct a comprehensive eval- By Mr. DASCHLE (for himself APPROPRIATIONS REGARDING STU- uation of the demonstration program. and Ms. COLLINS): DENTS FROM DISADVANTAGED BACK- (2) MATTERS EVALUATED.—The evaluation S. 2740. A bill to improve dental serv- GROUNDS conducted under paragraph (1) shall include ices in underserved areas by amending an analysis of the effectiveness of the fund- SEC. 601. STUDENT LOANS. the Public Health Service Act, and for ing of additional residency and fellowship Section 724(f) of the Public Health Service other purposes; to the Committee on Act (42 U.S.C. 292t(f)) is amended by insert- positions and the loan repayment and for- Health, Education, Labor, and Pen- giveness program on physician recruitment, ing before paragraph (2), the following: ‘‘(1) IN GENERAL.—With respect to making sions. retention, and specialty mix in each dem- Mr. DASCHLE. Mr. President, every onstration State. Federal capital contributions to student loan (b) PROGRESS REPORTS.— funds for purposes of subsection (a), there year, I spend time driving across the (1) COGME.—Not later than 1 year after are authorized to be appropriated $35,000,000 State of South Dakota, and every year, the date on which the Secretary establishes for fiscal year 2005, and such sums as may be I hear unbelievable stories from my the demonstration program, 5 years after necessary for each of the fiscal years 2006 constituents about the growing health such date, and 10 years after such date, through 2010.’’. care crisis in South Dakota and across COGME shall submit a report on the SEC. 602. NATIONAL HEALTH SERVICE CORPS; America. One issue that comes up re- progress of the demonstration program to RECRUITMENT AND FELLOWSHIPS peatedly in my travels is South Dako- the Secretary and Congress. FOR INDIVIDUALS FROM DISADVAN- TAGED BACKGROUNDS. ta’s dental shortage. (2) MEDPAC.—MedPAC shall submit bien- nial reports on the progress of the dem- (a) IN GENERAL.—Section 331(b) of the Pub- The statistics speak for themselves. onstration program to the Secretary and lic Health Service Act (42 U.S.C. 254d(b)) is Almost one-third of my State’s 66 Congress. amended by adding at the end the following: counties have been designated Dental (c) FINAL REPORT.—Not later than 1 year ‘‘(3) The Secretary shall ensure that the in- Health Professional Shortage Areas. In after the date on which the demonstration dividuals with respect to whom activities total, over 97,000 South Dakotans live program terminates, COGME and MedPAC under paragraphs (1) and (2) are carried out in a county that does not have enough shall submit a final report to the President, include individuals from disadvantaged backgrounds, including activities carried out dentists to meet the needs of the popu- Congress, and the Secretary which shall con- lation. Nationally, 25 million Ameri- tain a detailed statement of the findings and to provide health professions students with conclusions of COGME and MedPAC, to- information on the Scholarship and Repay- cans reside in such shortage areas. gether with such recommendations for legis- ment Programs.’’. South Dakota has only one dentist lation and administrative actions as COGME (b) ASSIGNMENT OF CORPS PERSONNEL.— for every 250 square miles, which and MedPAC consider appropriate. Section 333(a) of the Public Health Service means that many South Dakotans (d) AUTHORIZATION OF APPROPRIATIONS.— Act (42 U.S.C. 254f(a)) is amended by adding must travel more than 100 miles to There are authorized to be appropriated to at the end the following: visit a dentist. To see a pediatric den- ‘‘(4) In assigning Corps personnel under COGME such sums as may be necessary for tist, parents often have to travel up to the purpose of carrying out this section. this section, the Secretary shall give pref- erence to applicants who request assignment 400 miles. I’ve heard stories of families SEC. 305. CONTRACTING FLEXIBILITY. driving clear across the State so that For purposes of conducting the demonstra- to a federally qualified health center (as de- tion program and establishing and admin- fined in section 1905(1)(2)(B) of the Social Se- their children can receive urgent den- istering the Health Professions Database, curity Act) or to a provider organization tal care. Comparatively, Minnesota’s the Secretary may procure temporary and that has a majority of patients who are mi- rate is 28 square miles per dentist. intermittent services under section 3109(b) of norities or individuals from low-income fam- Massachusetts’s rate is less than 2 title 5, United States Code. ilies (families with a family income that is square miles per dentist, and here in less than 200 percent of the Official Poverty TITLE IV—HEALTH CAREERS Line).’’. Washington, DC, the rate is 0.1 square OPPORTUNITY PROGRAM miles per dentist. TITLE VII—MISCELLANEOUS PROVISIONS SEC. 401. PURPOSE. In addition, the dentists my State It is the purpose of this title to diversify SEC. 703. STUDY BY THE INSTITUTE OF MEDI- does have are getting older. A study the healthcare workforce by increasing the CINE. conducted in South Dakota found that (a) CONTRACT.—Not later than 90 days after number of individuals from disadvantaged roughly half of the dentists currently backgrounds in the health and allied health the date of enactment of this Act, the Sec- retary of Health and Human Services shall practicing there are over 50 years old, professions by enhancing the academic skills and that 30 percent plan to retire with- of students from disadvantaged backgrounds enter into a contract with the Institute of and supporting them in successfully com- Medicine for the conduct of a study and the in 10 years. Nationally, more than 20 pleting, entering, and graduating from preparation of a report on the role of United percent of dentists will retire in the health professions training programs. States medical schools in meeting the physi- next 10 years, and the number of dental cian needs of the United States. SEC. 402. AUTHORIZATION OF APPROPRIATIONS. graduates by 2015 may not be enough to (b) REQUIREMENTS.—In conducting the Section 740(c) of the Public Health Service replace them. study under the contract under subsection Act (42 U.S.C. 293d(c)) is amended by striking The problem in Indian country is (a), the Institute of Medicine shall— ‘‘$29,400,000’’ and all that follows through (1) examine the supply structure of United even worse. Indian pre-school children ‘‘2002’’ and inserting ‘‘$50,000,000 for fiscal States undergraduate medical education and have 5 times the rate of dental decay year 2005, and such sums as may be necessary make recommendations concerning the ad- experienced by other children in their for each of fiscal years 2006 through 2010’’. visability of expanding, enhancing, or modi- age group. Despite this great need, the TITLE V—PROGRAM OF EXCELLENCE IN fying such structure to achieve a higher de- Indian Health Services estimates that HEALTH PROFESSIONS EDUCATION FOR gree of self-sufficiency and equity in such one-third of its dental positions are va- UNDERREPRESENTED MINORITIES medical education and to position medical cant. SEC. 501. PURPOSE. schools for the future demands generated by A report by the Government Ac- It is the purpose of this title to diversify the growing population of the United States; counting Office in 2000 found that, the healthcare workforce by supporting pro- and grams of excellence in designated health pro- (2) examine the role of United States med- while several factors contribute to the fessions schools that demonstrate a commit- ical schools in reducing racial and ethnic low use of dental services among low- ment to underrepresented minority popu- disparities in medical education opportuni- income individuals, the most impor- lations with a focus on minority health ties and in population health outcomes as tant factor was the inability to find a

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00104 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8721 dentist to treat them. That is simply SECTION 1. SHORT TITLE; TABLE OF CONTENTS. the construction or expansion of dental care unacceptable. (a) SHORT TITLE.—This Act may be cited as facilities, including— Another report by Oral Health Amer- the ‘‘Dental Health Provider Shortage Act’’. ‘‘(A) the costs of acquiring or leasing fa- ica in 2003 found that the United States (b) TABLE OF CONTENTS.—The table of con- cilities; does poorly in several areas that meas- tents for this Act is as follows: ‘‘(B) the costs of constructing new facili- Sec. 1. Short title; table of contents. ties; ure access to dental care. In fact, in ‘‘(C) the costs of repairing or modernizing TITLE I—EXPANDED DELIVERY OF the report’s assessment of dentist existing facilities; or DENTAL SERVICES availability, the majority of States re- ‘‘(D) the purchase or lease of equipment. ceived a grade of C or lower. The report Sec. 101. Expansion of dental services offered ‘‘(3) APPLICATION.—Each health center de- card also found that those with the in underserved areas. siring a grant under this subsection shall greatest need have the hardest time Sec. 102. Grants for capital expenditures for submit an application to the Secretary at finding care; 18 states received a failing dental care practices in dental such time, in such manner, and containing health professional shortage such information as the Secretary may rea- grade for the availability of dentists areas. who provide significant services under sonably require. Sec. 103. Grants for administrative sim- ‘‘(u) GRANTS FOR DENTAL RESIDENCY PRO- Medicaid, contributing to an alarming plification for medicaid pro- GRAMS.— D grade for the entire nation. viders. ‘‘(1) GRANTS AUTHORIZED.—The Secretary is In an effort to address this urgent TITLE II—EXPANSION OF DENTAL authorized to award grants to health centers problem, I have been working with rep- TRAINING PROGRAMS for the purpose of establishing, at the health resentatives from the South Dakota Sec. 201. Flexible use of training funds for centers, new or alternative-campus accred- Oral Health Coalition to develop a leg- general and pediatric dentistry. ited dental residency training programs af- islative remedy at the Federal level. Sec. 202. Loan repayment for faculty of den- filiated with accredited dental programs. The culmination of that effort is the tal educational programs. ‘‘(2) AUTHORIZED ACTIVITIES.—A health cen- bill I am introducing today, the Dental ter shall use amounts received under a grant TITLE III—IMPROVING DELIVERY OF under this subsection for the costs of estab- Health Provider Shortage Act. To- DENTAL SERVICES THROUGH THE IN- lishing a new or alternative-campus accred- gether with Senator COLLINS—herself a DIAN HEALTH SERVICE AND THE NA- ited dental residency training program affili- longtime supporter of expanding access TIONAL HEALTH SERVICE CORPS ated with an accredited dental program at to dental care—I am proud to introduce Sec. 301. Indian Health Service dental officer the health center, including the costs of cur- this bill, which would help to expand multiyear retention bonus. riculum development, equipment, and re- the number of dentists and dental hy- Sec. 302. Increase in National Health Service cruitment, training, and retention of resi- gienists, both nationwide and in rural Corps dental training positions. dents and faculty for such training program. Sec. 303. Availability of scholarship and loan ‘‘(3) PRIORITY.—The Secretary shall give and underserved areas. repayment programs for Na- Specifically, the Dental Heath Pro- priority in awarding grants under this sub- tional Health Service Corps section to health centers in rural areas. vider Shortage Act would work to in- dental hygienists. ‘‘(4) APPLICATION.—Each health center de- crease the overall number of dentists TITLE I—EXPANDED DELIVERY OF siring a grant under this subsection shall and dental hygienists by providing fac- DENTAL SERVICES submit an application to the Secretary at ulty loan repayment programs for den- SEC. 101. EXPANSION OF DENTAL SERVICES OF- such time, in such manner, and containing tists who agree to teach, especially in FERED IN UNDERSERVED AREAS. such information as the Secretary may rea- general and pediatric training pro- Section 330 of the Public Health Service sonably require. grams. It would also provide incentives Act (42 U.S.C. 254b) is amended by adding at ‘‘(5) DEFINITION OF ACCREDITED.— for dentists and dental hygienists to the end the following: ‘‘(A) IN GENERAL.—In this subsection, the term ‘accredited’, when applied to a dental work in rural and underserved areas by ‘‘(s) HEALTH CENTER DENTAL ACCESS training program or a new or alternative- expanding both the National Health GRANTS.— ‘‘(1) GRANT PROGRAM AUTHORIZED.—The campus dental residency training program, Service Corps and the Indian Health means a program that is accredited by a rec- Service; providing support to Commu- Secretary, acting through the Administrator of the Health Resources and Services Admin- ognized body or bodies approved for such nity Health Centers, which play a crit- istration, is authorized to award grants and purpose by the Secretary of Education. ical role in the delivery of dental care; enter into cooperative agreements, for a pe- ‘‘(B) SPECIAL RULE.—A new dental resi- and helping these centers and other riod not to exceed 3 years, to health centers dency training program that, by reason of an providers that work in underserved for the purpose of increasing the number of insufficient period of operation, is not, at the areas to expand their practices. Fi- dental providers associated with the health time of application for a grant under this nally, to encourage participation in centers. subsection, eligible for accreditation by such a recognized body or bodies, shall be deemed State Medicaid programs, the bill ‘‘(2) AUTHORIZED ACTIVITIES.—A health cen- ter shall use amounts received under a grant accredited for purposes of this subsection, if would provide funding for states to the Secretary of Education finds, after con- simplify the Medicaid enrollment and under this subsection in any fiscal year— ‘‘(A) for recruitment or retention efforts sultation with the appropriate accreditation payment process. targeting the dental health care staff of a body or bodies, that there is reasonable as- In this day and age, people should health center; surance that the new dental residency train- not be forced to travel great dis- ‘‘(B) to contract for technical assistance ing program will meet the accreditation tances—let alone more than 100 miles— for the purpose of recruiting or retaining standards of such body or bodies prior to the just to see a dentist. We can and must dental health care staff; or graduation date of the first entering class in do better. The Surgeon General’s re- ‘‘(C) to contract for technical assistance in such program. port, ‘‘Oral Health in America,’’ rein- preparing contracts with local providers of ‘‘(C) RULE OF CONSTRUCTION.—The special rule for accreditation described in subpara- forced that oral health is essential to dental health care to provide dental services for medically underserved populations. graph (B) shall not apply to an alternative- the general health and well-being of all campus dental residency training program.’’. Americans. In its ‘‘Call to Action,’’ the ‘‘(3) APPLICATION.—Each health center de- siring a grant under this subsection shall SEC. 102. GRANTS FOR CAPITAL EXPENDITURES report challenged the Nation to build a submit an application to the Secretary at FOR DENTAL CARE PRACTICES IN DENTAL HEALTH PROFESSIONAL health infrastructure that can effec- such time, in such manner, and containing tively meet the oral health needs of all SHORTAGE AREAS. such information as the Secretary may rea- Subpart V of part D of title III of the Pub- Americans. By passing the bipartisan sonably require. lic Health Service Act (20 U.S.C. 256 et seq.) Dental Health Provider Shortage Act, ‘‘(t) GRANTS FOR DENTAL CARE FACILITY is amended by adding at the end the fol- we can begin to do just that. CAPITAL EXPENDITURES.— lowing: RANT PROGRAM AUTHORIZED I ask unanimous consent that the ‘‘(1) G .—The ‘‘SEC. 340A. GRANTS FOR CAPITAL EXPENDI- text of the bill be printed in the Secretary, acting through the Administrator TURES FOR DENTAL CARE PRAC- of the Health Resources and Services Admin- RECORD. TICES IN DENTAL HEALTH PROFES- There being no objection, the bill was istration, is authorized to award 1-year SIONAL SHORTAGE AREAS. grants to health centers for the purpose of ‘‘(a) GRANT PROGRAM AUTHORIZED.—The ordered to be printed in the RECORD, as increasing dental health care capabilities by Secretary, acting through the Administrator follows: constructing or renovating building space to of the Health Resources and Services Admin- S. 2740 provide for dental health care. istration, is authorized to award 1-year Be it enacted by the Senate and House of Rep- ‘‘(2) AUTHORIZED ACTIVITIES.—A health cen- grants to eligible individuals for the purpose resentatives of the United States of America in ter shall use amounts received under a grant of increasing dental health care capabilities Congress assembled, under this subsection in any fiscal year for in dental health professional shortage areas

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by constructing or renovating building space award grants under this subsection such ‘‘(e) REPORTS.—Not later than 18 months to provide for dental health care. sums as are necessary for fiscal year 2005. after the date of enactment of this section, ‘‘(b) AUTHORIZED ACTIVITIES.—An eligible (b) MODEL CONTRACT FOR THE ENROLLMENT and annually thereafter, the Secretary shall individual shall use amounts received under OF DENTISTS AS MEDICAID PARTICIPATING prepare and submit to Congress a report de- a grant under this section in any fiscal year PROVIDERS.— scribing the program carried out under this for the construction or expansion of dental (1) IN GENERAL.—The Secretary of Health section, including— care facilities in dental health professional and Human Services shall award grants to ‘‘(1) the number and amount of loan repay- shortage areas, including— eligible entities to develop, disseminate, and ments made; ‘‘(1) the costs of acquiring or leasing facili- assist with the implementation of a model ‘‘(2) the number of individuals who receive ties; contract for States to use to enroll dentists loan repayment under subsection (a) at each ‘‘(2) the costs of constructing new facili- as participating providers under the State school of dentistry or accredited dental edu- ties; medicaid program under title XIX of the So- cation program that employs individuals ‘‘(3) the costs of repairing or modernizing cial Security Act (42 U.S.C. 1396 et seq.). who receive such loan repayment; existing facilities; or (2) ELIGIBLE ENTITIES DEFINED.—In this sub- ‘‘(3) the demographics of the individuals ‘‘(4) the purchase or lease of equipment. section, the term ‘‘eligible entities’’ means participating in the loan repayment pro- ‘‘(c) APPLICATION.—Each eligible individual entities with expertise in the administration gram; and desiring a grant under this section shall sub- of State medicaid programs, which may in- ‘‘(4) an evaluation of the overall costs and mit an application to the Secretary at such clude the National Association of State Med- benefits of the loan repayment program. time, in such manner, and containing such icaid Directors. ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— information as the Secretary may reason- (3) AUTHORIZATION OF APPROPRIATIONS.— There are authorized to be appropriated to ably require. There is authorized to be appropriated to the carry out this section such sums as may be ‘‘(d) ELIGIBLE INDIVIDUAL.—To be eligible Secretary of Health and Human Services to necessary for each of fiscal years 2005 to receive a grant under this section, an indi- award grants under this subsection such through 2009.’’. vidual shall be a dental health professional sums as are necessary for fiscal year 2005. who is licensed or certified in accordance TITLE III—IMPROVING DELIVERY OF DEN- with the laws of the State in which such in- TITLE II—EXPANSION OF DENTAL TAL SERVICES THROUGH THE INDIAN dividual provides dental services. TRAINING PROGRAMS HEALTH SERVICE AND THE NATIONAL ‘‘(e) ELIGIBLE INDIVIDUAL GRANT AGREE- SEC. 201. FLEXIBLE USE OF TRAINING FUNDS HEALTH SERVICE CORPS MENT.—Each eligible individual who receives FOR GENERAL AND PEDIATRIC DEN- SEC. 301. INDIAN HEALTH SERVICE DENTAL OFFI- a grant under this section shall enter into an TISTRY. CER MULTIYEAR RETENTION agreement with the Secretary under which Section 747(a)(6) of the Public Health Serv- BONUS. the eligible individual agrees— ice Act (42 U.S.C. 293k(a)(6)) is amended to (a) TERMS AND DEFINITIONS.—In this sec- ‘‘(1) to practice for 5 years in a dental read as follows: tion: health professional shortage area, as deter- ‘‘(6) to plan, develop, or operate a program (1) CREDITABLE SERVICE.—The term ‘‘cred- mined by the Secretary; of general dentistry or pediatric dentistry, itable service’’ includes all periods that a ‘‘(2) that during the period under para- including the costs of faculty development, dental officer spent in graduate dental edu- graph (1), not less than 25 percent of the pa- curriculum development, program adminis- cational training programs while not on ac- tients of such individual receive assistance— tration, financial assistance to residents in tive duty in the Indian Health Service and ‘‘(A) under a State plan under title XIX of such program, and other functions critical to all periods of active duty in the Indian the Social Security Act (42 U.S.C. 1396 et building a competent dental workforce.’’. Health Service as a dental officer. seq.); or SEC. 202. LOAN REPAYMENT FOR FACULTY OF (2) DENTAL OFFICER.—The term ‘‘dental of- ‘‘(B) under a State plan under title XXI of DENTAL EDUCATIONAL PROGRAMS. ficer’’ means an individual in the dental the Social Security Act (42 U.S.C. 1397aa et Part C of title VII of the Public Health health profession who is an officer of the In- seq.); Service Act (42 U.S.C. 293k et seq.) is amend- dian Health Service. ‘‘(3) to provide services to patients regard- ed by inserting after section 748 the fol- (3) DIRECTOR.—The term ‘‘Director’’ means less of such patients’ ability to pay; lowing: the Director of the Indian Health Service. ‘‘(4) to use a sliding payment scale for pa- ‘‘SEC. 749. LOAN REPAYMENT FOR FACULTY OF (4) RESIDENCY.—The term ‘‘residency’’ tients who are unable to pay the total cost of DENTAL EDUCATIONAL PROGRAMS. means a graduate dental educational train- services; and ‘‘(a) ESTABLISHMENT.—The Secretary, act- ing program of at least 12 months leading to ‘‘(5) to repay a pro rata portion of the ing through the Administrator of the Health a specialty, including general practice resi- grant funds received if the eligible individual Resources and Services Administration, dency or an advanced education general den- fails to practice in accordance with para- shall carry out a program to repay (by direct tistry. graphs (1) through (4). payment on behalf of the individual) any (5) SPECIALTY.—The term ‘‘specialty’’ ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— outstanding student loan of an individual means a dental specialty for which there is There is authorized to be appropriated to who is employed as a full-time faculty mem- an Indian Health Service specialty code carry out this section such sums as may be ber of a school of dentistry or an accredited number. necessary for each of fiscal years 2005 dental education program. (b) GENERAL AUTHORITY.—The Director through 2009.’’. ‘‘(b) LOAN REPAYMENT.—The payments de- may authorize a multiyear retention bonus SEC. 103. GRANTS FOR ADMINISTRATIVE SIM- scribed in subsection (a) shall be made by the under this section for a dental officer of the PLIFICATION FOR MEDICAID PRO- Secretary as follows: Indian Health Service who meets the eligi- VIDERS. ‘‘(1) Upon completion by the individual for bility requirements of subsection (c) and who (a) AUTHORITY TO AWARD PROVIDER ADMIN- whom the payments are to be made of the executes a written agreement to remain on ISTRATIVE SIMPLIFICATION GRANTS.— first year of employment described under active duty for 2, 3, or 4 years after the com- (1) IN GENERAL.—The Secretary of Health subsection (a), the Secretary shall pay 25 pletion of any other active duty service com- and Human Services shall award grants to percent of the principal of, and the interest mitment to the Indian Health Service. State agencies responsible for the adminis- on, each outstanding student loan. (c) ELIGIBILITY REQUIREMENTS.—In addition tration of the State medicaid program under ‘‘(2) Upon completion by such individual of to the requirements described under sub- title XIX of the Social Security Act (42 the second consecutive year of such employ- section (b), an eligible dental officer shall— U.S.C. 1396 et seq.) for the purpose of simpli- ment, the Secretary shall pay an additional (1) if trained as a dentist— fying and automating the procedures appli- 25 percent of the principal of, and the inter- (A) be at or below such grade as the Direc- cable to providers of medical assistance est on, each such loan. tor shall determine; under the State medicaid program in order ‘‘(3) Upon completion by such individual of (B) hold the degree of doctor of dentistry to encourage providers to participate in the the third consecutive year of such employ- or an equivalent degree; dental component of such program. ment, the Secretary shall pay an additional (C) have completed any active duty service (2) USE OF FUNDS.—A grant awarded under 35 percent of the principal of, and the inter- commitment of the Indian Health Service in- this subsection may be used to simplify— est on, each such loan. curred for dental education and training or (A) provider enrollment contracts and ‘‘(c) PRIORITY.—In entering into agree- have 8 years of creditable service; and processes through such means as providing ments to repay outstanding student loans (D) have completed initial residency train- for online provider enrollment forms; under subsection (a), the Secretary shall give ing, or be scheduled to complete initial resi- (B) preauthorization procedures; priority to qualified applicants— dency training before September 30 of the (C) claims remittance and processing; and ‘‘(1) with the greatest financial need; or fiscal year in which the dental officer enters (D) any other procedures or requirements ‘‘(2) who are full-time faculty for an ac- into a multiyear retention bonus service that would reduce the time and expenses credited program of general or pediatric den- agreement under this section; or necessary for providers to participate in the tistry. (2) if trained as a dental hygienist— medicaid program. ‘‘(d) REGULATIONS.—The Secretary shall (A) have graduated from a dental hygiene (3) AUTHORIZATION OF APPROPRIATIONS.— promulgate such regulations as may be nec- educational or training program accredited There is authorized to be appropriated to the essary to carry out the program under this by the American Dental Association Com- Secretary of Health and Human Services to section. mission on Dental Accreditation (ADA CDA);

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00106 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8723 (B) hold a certification of successful com- ice Act (42 U.S.C. 254d et seq.), by not less S. 2741 pletion of the National Board Dental Hy- than 100 in each of fiscal years 2005, 2006, and Be it enacted by the Senate and House of Rep- giene Examination; and 2007. resentatives of the United States of America in (C) hold an active and current dental hy- (b) AVAILABILITY OF LOAN REPAYMENT AND Congress assembled, giene license. SCHOLARSHIP PROGRAMS FOR DENTISTS.—The SECTION 1. SHORT TITLE. (d) MAXIMUM BONUS AMOUNTS.— Secretary shall increase the number of Corps This Act may be cited as the ‘‘Advancing (1) MAXIMUM BONUS AMOUNTS FOR DEN- dentists selected for the loan repayment and FASD Research, Prevention, and Services TISTS.—A multiyear retention bonus author- scholarship programs under subpart III of Act’’. ized for a dental officer who meets the re- part D of title III of the Public Health Serv- SEC. 2. FINDINGS. quirements of subsection (c)(1) shall not ex- ice Act (42 U.S.C. 254l et seq.) in a sufficient Congress makes the following findings: ceed— number to address the demand for such pro- (1) Fetal Alcohol Spectrum Disorders are (A) $14,000 for a 4-year written agreement; grams by qualified individuals. the spectrum of serious, life-long disorders (B) $8,000 for a 3-year written agreement; (c) REPORT ON CORPS.—The Secretary shall caused by prenatal exposure to alcohol, or annually report to Congress concerning how which include Fetal Alcohol Syndrome, Al- (C) $4,000 for a 2-year written agreement. the Corps is meeting the oral health needs in cohol-Related Neurodevelopmental Disorder, (2) MAXIMUM BONUS AMOUNTS FOR DENTAL underserved areas, including rural, frontier, and Alcohol-Related Birth Defects. HYGIENISTS.—A multiyear retention bonus and border areas. (2) In the decades that have passed since authorized for a dental officer who meets the SEC. 303. AVAILABILITY OF SCHOLARSHIP AND Fetal Alcohol Syndrome was first recognized requirements of subsection (c)(2) shall not LOAN REPAYMENT PROGRAMS FOR in the United States, this fully preventable exceed— NATIONAL HEALTH SERVICE CORPS condition has continued to affect American (A) $4,000 for a 4-year written agreement; DENTAL HYGIENISTS. children and families. (B) $2,000 for a 3-year written agreement; Section 338A of the Public Health Service (3) Prenatal alcohol exposure can cause or Act (42 U.S.C. 254l) is amended— brain damage that produces cognitive and (C) $1,000 for a 2-year written agreement. (1) by redesignating subsection (h) as sub- behavioral impairments. Prenatal alcohol (e) DISCRETION IN SELECTION PROCESS.—The section (i); and exposure can cause mental retardation or Director may, based on the requirements of (2) by inserting after subsection (g) the fol- low IQ and difficulties with learning, mem- the Indian Health Service, decline to offer a lowing: ory, attention, and problem-solving. It can multi-year retention bonus to any specialty ‘‘(h) Of the total number of contracts also create problems with mental health and that is otherwise eligible, or to restrict the under this section and section 338B for each social interactions. length of such a retention bonus contract for school year that are dedicated to dental hy- (4) Prenatal alcohol exposure also can a specialty to less than 4 years. gienists, not less than 20 percent of such con- cause growth retardation, birth defects in- (f) TERMINATION OF ENTITLEMENT TO tracts for each such school year shall be en- volving the heart, kidney, vision and hear- MULTIYEAR RETENTION BONUS.— tered into under this section.’’. ing, and a characteristic pattern of facial ab- (1) IN GENERAL.—The Director may termi- normalities. nate, with cause, a dental officer multiyear By Mr. DASCHLE: (5) About 13 percent of women report using retention bonus agreement with a dental of- alcohol during pregnancy even though there ficer under this section at any time. S. 2741. A bill to amend the Public is no known safe level of alcohol consump- (2) PRO RATA RECOUPMENT.—If a dental offi- Health Service Act to reauthorize and tion during pregnancy. cer multiyear retention bonus agreement is extend the Fetal Alcohol Syndrome (6) Estimates of individuals with Fetal Al- terminated under paragraph (1), the unserved prevention and services program, and cohol Syndrome vary but are estimated to be portion of the retention bonus agreement for other purposes; to the Committee between 0.5 and 2.0 per 1,000 births. The prev- shall be recouped on a pro rata basis. on Health, Education, Labor, and Pen- alence rate is considerably higher for all (3) REGULATIONS.—The Director shall es- sions. Fetal Alcohol Spectrum Disorders: about 10 tablish regulations that— out of 1,000 births (1 percent of births). (A) specify the conditions and procedures Mr. DASCHLE. Mr. President, I am (7) Prevalence of Fetal Alcohol Spectrum under which termination may take place; pleased to introduce today the Advanc- Disorders can be even higher in certain popu- and ing FASD Research, Prevention, and lations, such as Native Americans, and in (B) shall be included in the dental officer Services Act. For many years now, I certain areas, such as those characterized by multiyear retention bonus agreement under have met and worked with people low socioeconomic status. subsection (b). whose lives have been profoundly af- (8) Fetal Alcohol Spectrum Disorders pose (g) REFUNDS.— fected by the consumption of alcohol extraordinary financial costs to the Nation, (1) IN GENERAL.—Prorated refunds shall be including the cost of specialized health care, required for sums paid under a retention during pregnancy. Prenatal exposure to education, foster care, incarceration, job bonus contract under this section if a dental alcohol can cause a wide range of seri- training, and general support services for in- officer who has received the retention bonus ous, life-long problems known as Fetal dividuals affected by Fetal Alcohol Spec- fails to complete the total period of service Alcohol Syndrome Disorders. Individ- trum Disorders. specified in the dental officer multiyear re- uals with FASD can have a low IQ, be- (9) Lifetime health costs for an individual tention bonus agreement, as conditions and havioral impairments, growth retarda- with Fetal Alcohol Syndrome average circumstances warrant. tion, facial abnormalities, and birth $860,000, and can run as high as $4,200,000. The (2) DEBT TO UNITED STATES.—An obligation direct and indirect economic costs of Fetal to reimburse the United States imposed defects. About 40,000 children are born Alcohol Syndrome in the United States were under paragraph (1) is a debt owed to the with FASD each year. $5,400,000,000 in 2003. Total economic costs United States. A great deal of progress has been would be even higher for all Fetal Alcohol (3) NO DISCHARGE IN BANKRUPTCY.—Not- made in raising awareness of the dan- Spectrum Disorders. withstanding any other provision of law, a gers of alcohol consumption during (10) There is a great need for research, sur- discharge in bankruptcy under title 11, pregnancy, but much more needs to be veillance, prevention, treatment, and sup- United States Code, that is entered less than done. The bill I am introducing today port services for individuals with Fetal Alco- hol Spectrum Disorders and their families. 5 years after the termination of a dental offi- addresses the need for more research, cer multiyear retention bonus agreement SEC. 3. PROGRAMS FOR FETAL ALCOHOL SPEC- under this section does not discharge the better screening systems to identify TRUM DISORDERS. dental officer who signed such a contract children with FASD, effective preven- Section 399H of the Public Health Service from a debt arising under the contract or tion programs, and enhanced access to Act (48 U.S.C. 280f) is amended— under paragraph (1). treatment and support services. It is (1) by striking the section heading and in- (h) AUTHORIZATION OF APPROPRIATIONS.— my sincere hope that this bill—when serting the following: There are authorized to be appropriated to combined with the tireless efforts of ‘‘SEC. 399H. PROGRAMS FOR FETAL ALCOHOL SPECTRUM DISORDERS.’’; carry out this section such sums as may be parents, health professionals, teachers, necessary for each of fiscal years 2005 (2) by redesignating subsections (a) through 2009. and countless others—will help prevent through (d) as subsections (h) through (k), SEC. 302. INCREASE IN NATIONAL HEALTH SERV- FASD and support the children and respectively; ICE CORPS DENTAL TRAINING POSI- families who are living with its con- (3) by inserting after the section heading, TIONS. sequences. I ask unanimous consent the following: (a) IN GENERAL.—The Secretary of Health that a fact sheet containing a descrip- ‘‘(a) RESEARCH ON FAS AND RELATED DIS- and Human Services (referred to in this sec- tion of the bill be printed in the ORDERS.— tion as the ‘‘Secretary’’) shall increase the ‘‘(1) IN GENERAL.—The Secretary, acting number of dentists in the National Health RECORD. through the Director of the National Insti- Service Corps (referred to in this section as I ask unanimous consent that the tutes of Health and in coordination with the the ‘‘Corps’’), as designated in subpart II of text of the bill be printed in the Interagency Coordinating Committee on part D of title III of the Public Health Serv- RECORD. Fetal Alcohol Syndrome, shall—

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00107 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8724 CONGRESSIONAL RECORD — SENATE July 22, 2004 ‘‘(A) establish a research agenda for Fetal ‘‘(C) disseminate and provide the necessary programs identified under subparagraph (A); Alcohol Spectrum Disorders; and training and support for the screening proc- and ‘‘(B) award grants, contracts, or coopera- ess developed under subparagraph (B) to— ‘‘(C) proposals to eliminate barriers to pre- tive agreements to public or private non- ‘‘(i) hospitals, community health centers, vention and treatment programs and coordi- profit entities to pay all or part of carrying outpatient programs, and other appropriate nate the activities of such programs. out research under such agenda. health care providers; ‘‘(4) USE OF FUNDS.—Amounts received ‘‘(2) TYPES OF RESEARCH.—In carrying out ‘‘(ii) incarceration and detainment facili- under a grant, contract, or cooperative paragraph (1), the Secretary, acting through ties; agreement under paragraph (1) shall be used the Director of the National Institute of Al- ‘‘(iii) primary and secondary schools; for one or more of the following activities: cohol Abuse and Alcoholism, shall conduct ‘‘(iv) social work and child welfare offices; ‘‘(A) Establishing a statewide surveillance national and international research in co- ‘‘(v) foster care providers and adoption system. ordination with other Federal agencies that agencies; ‘‘(B) Collecting, analyzing and interpreting includes— ‘‘(vi) State offices and others providing data. ‘‘(A) the identification of the mechanisms services to individuals with disabilities; and ‘‘(C) Establishing a diagnostic center. that produce the cognitive and behavioral ‘‘(vii) other entities that the Secretary de- ‘‘(D) Developing, implementing, and evalu- problems associated with fetal alcohol expo- termines to be appropriate; ating population-based and targeted preven- sure; ‘‘(D) conduct activities related to risk fac- ‘‘(B) the development of a neurocognitive tion programs for Fetal Alcohol Spectrum tor surveillance including the annual moni- Disorders, including public awareness cam- phenotype for Fetal Alcohol Syndrome and toring and reporting of alcohol consumption paigns. Alcohol-Related Neurodevelopmental Dis- among pregnant women and women of child ‘‘(E) Referring individuals with Fetal Alco- order; bearing age; and hol Spectrum Disorders to appropriate sup- ‘‘(C) the identification of biological mark- ‘‘(E) conduct applied public health preven- port services. ers that can be used to indicate fetal alcohol tion research and implement strategies for ‘‘(F) Developing and sharing best practices exposure; reducing alcohol-exposed pregnancies in ‘‘(D) the identification of fetal and mater- women at high risk for alcohol-exposed preg- for the prevention, identification, and treat- nal risk factors that increase susceptibility nancies. ment of Fetal Alcohol Spectrum Disorders. ‘‘(G) Providing training to health care pro- to Fetal Alcohol Spectrum Disorders; ‘‘(3) AUTHORIZATION OF APPROPRIATION.— ‘‘(E) the investigation of behavioral and There are authorized to be appropriated to viders on the prevention, identification, and pharmacotherapies for alcohol-dependent carry out this subsection, such sums as may treatment of Fetal Alcohol Spectrum Dis- women to determine new approaches for sus- be necessary for each of fiscal years 2005 orders. taining recovery; through 2009. ‘‘(H) Disseminating information about ‘‘(F) the development of scientific-based Fetal Alcohol Spectrum Disorders and the ‘‘(c) BUILDING STATE FASD SYSTEMS.— therapeutic interventions for individuals availability of support services to families of ‘‘(1) IN GENERAL.—The Secretary, acting with Fetal Alcohol Spectrum Disorders; individuals with Fetal Alcohol Spectrum ‘‘(G) the development of screening instru- through the Administrator of the Substance Abuse and Mental Health Services Adminis- Disorders. ments to identify women who consume alco- ‘‘(I) Other activities determined appro- hol during pregnancy and the development of tration, shall award grants, contracts, or co- operative agreements to States for the pur- priate by the Secretary. standards for measuring, reporting, and ana- ‘‘(5) MULTI-STATE PROGRAMS.—The Sec- lyzing alcohol consumption patterns in preg- pose of establishing or expanding statewide programs of surveillance, prevention, and retary shall permit the formation of multi- nant women; and State Fetal Alcohol Spectrum Disorders pro- ‘‘(H) other research that the Director de- treatment of individuals with Fetal Alcohol grams under this subsection. termines to be appropriate. Spectrum Disorders. ‘‘(6) OTHER CONTRACTS AND AGREEMENTS.—A ‘‘(3) STUDY.—The Secretary, acting ‘‘(2) ELIGIBILITY.—To be eligible to receive State may carry out activities under para- through the Director of the National Insti- a grant, contract, or cooperative agreement tute of Mental Health, shall— under paragraph (1) a State shall— graph (4) through contacts or cooperative ‘‘(A) conduct a study on the behavioral dis- ‘‘(A) prepare and submit to the Secretary agreements with public and private non-prof- orders that may be associated with prenatal an application at such time, in such manner, it entities with a demonstrated expertise in alcohol exposure; and containing such information as the Sec- Fetal Alcohol Spectrum Disorders. ‘‘(B) not later than 1 year after the date of retary may reasonably require; ‘‘(7) AUTHORIZATION OF APPROPRIATIONS.— enactment of the Advancing FASD Research, ‘‘(B) develop and implement a statewide There are authorized to be appropriated to Prevention, and Services Act, submit to Con- strategic plan for preventing and treating carry out this subsection, such sums as may gress a report on the appropriateness of Fetal Alcohol Spectrum Disorders; be necessary for fiscal years 2005 through characterizing Fetal Alcohol Spectrum Dis- ‘‘(C) consult with public and private non- 2009. profit entities with relevant expertise on orders and their secondary behavioral dis- ‘‘(d) PROMOTING COMMUNITY PARTNER- orders as mental health disorders; and Fetal Alcohol Spectrum Disorders within the SHIPS.— ‘‘(C) conduct additional research on the ep- State, including— ‘‘(1) IN GENERAL.—The Secretary shall ‘‘(i) parent-led groups and other organiza- idemiology of behavior disorders associated award grants, contracts, or cooperative with Fetal Alcohol Spectrum Disorders in tions that support and advocate for individ- agreements to eligible entities to enable collaboration with the Centers for Disease uals with Fetal Alcohol Spectrum Disorders; such entities to establish, enhance, or im- Control and Prevention. and prove community partnerships for the pur- ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(ii) Indian tribes and tribal organizations; pose of collaborating on common objectives There are authorized to be appropriated to and and integrating the services available to in- carry out this subsection, such sums as may ‘‘(D) designate an individual to serve as the be necessary for each of fiscal years 2005 coordinator of the State’s Fetal Alcohol dividuals with Fetal Alcohol Spectrum Dis- through 2009. Spectrum Disorders program. orders, such as surveillance, prevention, ‘‘(b) SURVEILLANCE, IDENTIFICATION, AND ‘‘(3) STRATEGIC PLAN.—The statewide stra- treatment, and provision of support services. PREVENTION ACTIVITIES.— tegic plan prepared under paragraph (2)(B) ‘‘(2) ELIGIBLE ENTITIES.—To be eligible to ‘‘(1) IN GENERAL.—The Secretary, acting shall include— receive a grant, contract, or cooperative through the Director of the National Center ‘‘(A) the identification of existing State agreement under paragraph (1), an entity on Birth Defects and Developmental Disabil- programs and systems that could be used to shall— ities, shall facilitate surveillance, identifica- identify and treat individuals with Fetal Al- ‘‘(A) be a public or private nonprofit enti- tion, and prevention of Fetal Alcohol Spec- cohol Spectrum Disorders and prevent alco- ty, including— trum Disorders as provided for in this sub- hol consumption during pregnancy, such as— ‘‘(i) a health care provider or health profes- section. ‘‘(i) programs for the developmentally dis- sional; ‘‘(2) SURVEILLANCE, IDENTIFICATION, AND abled, the mentally ill, and individuals with ‘‘(ii) a primary or secondary school; PREVENTION.—In carrying out this sub- alcohol dependency; ‘‘(iii) a social work or child welfare office; section, the Secretary shall— ‘‘(ii) primary and secondary educational ‘‘(iv) an incarceration or detainment facil- ‘‘(A) develop and implement a uniform sur- systems; ity; veillance case definition for Fetal Alcohol ‘‘(iii) judicial systems for juveniles and ‘‘(v) a parent-led group or other organiza- Syndrome and a uniform surveillance case adults; tion that supports and advocates for individ- definition for Alcohol Related ‘‘(iv) child welfare programs and social uals with Fetal Alcohol Spectrum Disorders; Neurodevelopmental Disorder; service programs; and ‘‘(vi) an Indian tribe or tribal organization; ‘‘(B) develop a comprehensive screening ‘‘(v) other programs or systems the State ‘‘(vii) any other entity the Secretary deter- process for Fetal Alcohol Spectrum Dis- determines to be appropriate; mines to be appropriate; or orders that covers different age, race, and ‘‘(B) the identification of any barriers for ‘‘(viii) a consortium of any of the entities ethnic groups and is based on the uniform individuals with Fetal Alcohol Spectrum described in clauses (i) through (vii); and surveillance case definitions developed under Disorders or women at risk for alcohol con- ‘‘(B) prepare and submit to the Secretary subparagraph (A); sumption during pregnancy to access the an application at such time, in such manner,

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and containing such information as the Sec- ‘‘(2) APPLICATION.—To be eligible for a and treatment services available for women retary may reasonably require, including as- grant under paragraph (1), an entity shall at risk for alcohol consumption during preg- surances that the entity submitting the ap- prepare and submit to the Secretary an ap- nancy; and plication does, at the time of application, or plication at such time, in such manner, and ‘‘(D) implement a tracking system that will, within a reasonable amount of time containing such information as the Sec- can identify the rates of Fetal Alcohol Spec- from the date of application, include sub- retary may reasonably require. trum Disorders by racial, ethnic, and eco- stantive participation of a broad range of en- ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— nomic backgrounds. tities that work with or provide services for There are authorized to be appropriated to ‘‘(4) SELECTION OF PARTICIPANTS.—The Ad- individuals with Fetal Alcohol Spectrum carry out this subsection, such sums as may ministrator shall determine the number of Disorders. be necessary for each of fiscal years 2005 community health centers that will partici- ‘‘(3) ACTIVITIES.—An eligible entity shall through 2009. pate in the demonstration program under use amounts received under a grant, con- ‘‘(f) TRANSITIONAL SERVICES.— this subsection and shall select participants, tract, or cooperative agreement under this ‘‘(1) IN GENERAL.—The Secretary shall to the extent practicable, that are located in subsection shall carry out 1 or more of the award demonstration grants, contracts, and different regions of the United States and following activities: cooperative agreements to States, Indian that serve a racially and ethnically diverse ‘‘(A) Identifying and integrating existing tribes and tribal organizations, and non- population. programs and services available in the com- governmental organizations for the purpose ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— munity for individuals with Fetal Alcohol of establishing integrated systems for pro- There are authorized to be appropriated to Spectrum Disorders. viding transitional services for those af- carry out this subsection, such sums as may ‘‘(B) Conducting a needs assessment to fected by prenatal alcohol exposure and eval- be necessary for each of fiscal years 2005 identify services that are not available in a uating their effectiveness. through 2009. community. ‘‘(2) APPLICATION.—To be eligible for a ‘‘(6) REPORT TO CONGRESS.—Not later than 1 ‘‘(C) Developing and implementing commu- grant, contract, or cooperative agreement year after completion of the demonstration nity-based initiatives to prevent, diagnose, under paragraph (1), an entity shall prepare program under this subsection, the Adminis- treat, and provide support services to indi- and submit to the Secretary an application trator shall prepare and submit to Congress viduals with Fetal Alcohol Spectrum Dis- at such time, in such manner, and con- a report on the results of the demonstration orders. taining such information as the Secretary program, including— ‘‘(D) Disseminating information about may reasonably require. ‘‘(A) changes in the number of women Fetal Alcohol Spectrum Disorders and the ‘‘(3) ALLOWABLE USES.—An entity shall use screened for and identified as at risk for al- availability of support services. amounts received under a grant, contract, or cohol consumption during pregnancy; ‘‘(E) Developing and implementing a com- cooperative agreement under paragraph (1) ‘‘(B) changes in the number of individuals munity-wide public awareness and outreach to— identified as having a Fetal Alcohol Spec- campaign focusing on the dangers of drink- ‘‘(A) provide housing assistance to adults trum Disorder; and ing alcohol while pregnant. with Fetal Alcohol Spectrum Disorders; ‘‘(C) changes in the number of alcohol-con- ‘‘(F) Providing mentoring or other support ‘‘(B) provide vocational training and place- suming pregnant women and individuals to families of individuals with Fetal Alcohol ment services for adults with Fetal Alcohol with Fetal Alcohol Spectrum Disorders who Spectrum Disorders. Spectrum Disorders; were referred to appropriate services.’’; ‘‘(G) Other activities determined appro- ‘‘(C) provide medication monitoring serv- (4) in subsection (h)(1) (as so redesignated). priate by the Secretary. ices for adults with Fetal Alcohol Spectrum (A) in subparagraph (C), by striking ‘‘and’’ ‘‘(4) AUTHORIZATION OF APPROPRIATION.— Disorders; and after the semicolon; There are authorized to be appropriated to ‘‘(D) provide training and support to orga- (B) in subparagraph (D), by adding ‘‘and’’ carry out this subsection, such sums as may nizations providing family services or men- after the semicolon; and be necessary for each of fiscal years 2005 tal health programs and other organizations (C) by adding at the end the following: through 2009. that work with adults with Fetal Alcohol ‘‘(E) national public service announce- ‘‘(e) DEVELOPMENT OF BEST PRACTICES.— Spectrum Disorders. ments to raise public awareness of the risks ‘‘(1) IN GENERAL.—The Secretary, in coordi- ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— associated with alcohol consumption during nation with the National Task Force on There are authorized to be appropriated to pregnancy with the purpose of reducing the Fetal Alcohol Spectrum Disorders, shall carry out this subsection, such sums as may prevalence of Fetal Alcohol Spectrum Dis- award grants to States, Indian tribes and be necessary for each of fiscal years 2005 orders, that shall— tribal organizations, and nongovernmental through 2009. ‘‘(i) be conducted by relevant Federal agen- organizations for the establishment of pilot ‘‘(g) COMMUNITY HEALTH CENTER INITIA- cies under the coordination of the Inter- projects to identify and implement best TIVE.— agency Coordinating Committee on Fetal Al- practices for— ‘‘(1) IN GENERAL.—The Secretary, acting cohol Syndrome; ‘‘(A) educating children with fetal alcohol through the Administrator of the Health Re- ‘‘(ii) be developed by the appropriate Fed- spectrum disorders, including— sources and Services Administration, shall eral agencies, as determined by the Inter- ‘‘(i) activities and programs designed spe- award grants to community health centers agency Coordinating Committee on Fetal Al- cifically for the identification, treatment, acting in collaboration with States, Indian cohol Syndrome taking into consideration and education of such children; and tribes, tribal organizations, and nongovern- the expertise and experience of other rel- ‘‘(ii) curricula development and mental organizations, for the establishment evant Federal agencies, and shall test and credentialing of teachers, administrators, of a 5-year demonstration program under the evaluate the public service announcement’s and social workers who implement such pro- direction of the Interagency Coordinating effectiveness prior to broadcasting the an- grams; Committee on Fetal Alcohol Syndrome to nouncements nationally; ‘‘(B) educating judges, attorneys, child ad- implement and evaluate a program to in- ‘‘(iii) be broadcast through appropriate vocates, law enforcement officers, prison crease awareness and identification of Fetal media outlets, including television or radio, wardens, alternative incarceration adminis- Alcohol Spectrum Disorders in community in a manner intended to reach women at risk trators, and incarceration officials on how to health centers and to refer affected individ- of alcohol consumption during pregnancy; treat and support individuals suffering from uals to appropriate support services. and Fetal Alcohol Spectrum Disorders within the ‘‘(2) APPLICATION.—To be eligible to receive ‘‘(iv) be measured prior to broadcast of the criminal justice system, including— a grant under paragraph (1), a community national public service announcements to ‘‘(i) programs designed specifically for the health center shall prepare and submit to provide baseline data that will be used to identification, treatment, and education of the Administrator an application at such evaluate the effectiveness of the announce- those with Fetal Alcohol Spectrum Dis- time, in such manner, and containing such ments.’’; and orders; and information as the Administrator may rea- (5) in subsection (k) (as so redesignated)— ‘‘(ii) curricula development and sonably require. (A) in paragraph (1), by striking ‘‘National credentialing within the justice system for ‘‘(3) ACTIVITIES.—A community health cen- Task Force on Fetal Alcohol Syndrome and individuals who implement such programs; ter shall use amounts received under a grant Fetal Alcohol Effect’’ and inserting ‘‘Na- and under paragraph (1) to— tional Task Force on Fetal Alcohol Spec- ‘‘(C) educating adoption or foster care ‘‘(A) provide training for health care pro- trum Disorders’’; agency officials about available and nec- viders on identifying and educating women (B) in paragraph (3)— essary services for children with fetal alco- who are at risk for alcohol consumption dur- (i) in subparagraph (B), by striking ‘‘and’’ hol spectrum disorders, including— ing pregnancy; after the semicolon; ‘‘(i) programs designed specifically for the ‘‘(B) provide training for health care pro- (ii) in subparagraph (C), by adding ‘‘and’’ identification, treatment, and education of viders on screening children for Fetal Alco- after the semicolon; and those with Fetal Alcohol Spectrum Dis- hol Spectrum Disorders; (iii) by adding at the end the following: orders; and ‘‘(C) educate health care providers and ‘‘(D) develop, in collaboration with the ‘‘(ii) education and training for potential other relevant community health center Interagency Coordinating Committee on parents of an adopted child with Fetal Alco- workers on the support services available for Fetal Alcohol Syndrome, a report that iden- hol Spectrum Disorders. those with Fetal Alcohol Spectrum Disorders tifies and describes the 10 most important

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00109 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8726 CONGRESSIONAL RECORD — SENATE July 22, 2004 actions that must be taken to reduce pre- ‘‘(A) an assessment of the current roles and (1) implement screening procedures and natal alcohol exposure and all its adverse responsibilities of Federal entities with pro- conduct training on a nationwide Fetal Alco- outcomes, and that shall— grams and activities related to Fetal Alcohol hol Spectrum Disorders surveillance cam- ‘‘(i) describe the state of the current epide- Spectrum Disorders; and paign for the justice system in collaboration miology of Fetal Alcohol Spectrum Dis- ‘‘(B) an assessment of whether there is du- with the efforts of the National Center on orders, risk factors, and successful ap- plication in programs and activities, con- Birth Defects and Developmental Disabil- proaches in policy and services that have re- flicting roles and responsibilities, or lack of ities under section 399H(b) of the Public duced alcohol-exposed pregnancies and out- coordination among Federal entities. Health Service Act (as added by this Act); comes; ‘‘(4) RECOMMENDATION.—The Comptroller (2) introduce training curricula, in collabo- ‘‘(ii) identify innovative approaches that General shall provide recommendations on ration with the National Center on Birth De- have worked in related areas such as tobacco the appropriate roles and responsibilities of fects and Developmental Disabilities and the control or HIV prevention that may provide the Federal entities described in paragraph Substance Abuse and Mental Health Services models for Fetal Alcohol Spectrum Disorders (2) in order to maximize the effectiveness of Administration, on how to most effectively prevention; Federal programs and activities related to identify and interact with individuals with ‘‘(iii) recommend short-term and long-term Fetal Alcohol Spectrum Disorders. Fetal Alcohol Spectrum Disorders in both action plans for achieving the Healthy 2010 ‘‘(5) COMPLETION.—Not later than 1 year the juvenile and adult justice systems, and Objectives for the United States, such as in- after the date of enactment of the Advancing investigate incorporating information about creasing abstinence from alcohol among FASD Research, Prevention, and Services the identification, prevention, and treat- pregnant women and reducing the occur- Act, the Comptroller General shall complete ment of the disorders into justice profes- rence of Fetal Alcohol Syndrome; and the evaluation and submit to Congress a re- sionals’ credentialing requirements; ‘‘(iv) recommend in coordination with the port on the findings and recommendations (3) promote the tracking of individuals en- National Institute on Mental Health whether made as a result of the evaluation.’’. tering the juvenile justice system with at- Fetal Alcohol Syndrome and other prenatal SEC. 5. SERVICES FOR INDIVIDUALS WITH FETAL risk backgrounds that indicates them as alcohol disorders, or a subset of these dis- ALCOHOL SYNDROME. high probability for having a Fetal Alcohol orders, should be included in the Diagnostic Section 519C(b) of the Public Health Serv- Spectrum Disorder, especially those whose and Statistical Manual of Mental Dis- ice Act (42 U.S.C. 290bb-25c(b)) is amended— individuals mothers have a high record of orders.’’; and (1) in paragraph (11), by striking ‘‘and’’ drinking during pregnancy as reported by (C) by striking ‘‘Fetal Alcohol Syndrome after the semicolon; the appropriated child protection agency; and Fetal Alcohol Effect’’ each place that (2) by redesignating paragraph (12) as para- (4) educate judges, attorneys, child advo- such appears and inserting ‘‘Fetal Alcohol graph (15); and cates, law enforcement officers, prison war- Spectrum Disorders’’. (3) by inserting after paragraph (11), the dens, alternative incarceration administra- SEC. 4. COORDINATION AMONG FEDERAL ENTI- following: tors, and incarceration officials on how to TIES. ‘‘(12) provide respite care for caretakers of treat and support individuals suffering from Part O of title III of the Public Health individuals with Fetal Alcohol Syndrome Fetal Alcohol Spectrum Disorders within the Service Act (42 U.S.C. 280f et seq.) is amend- and other prenatal alcohol-related disorders; criminal justice system, including— ed by adding at the end the following: ‘‘(13) recruit and train mentors for adoles- (A) programs designed specifically for the ‘‘SEC. 399K–1. COORDINATION AMONG FEDERAL cents with Fetal Alcohol Syndrome and identification, treatment, and education of ENTITIES. other prenatal alcohol-related disorders; such children; and ‘‘(a) INTERAGENCY COORDINATING COM- ‘‘(14) provide educational and supportive (B) curricula development and MITTEE ON FETAL ALCOHOL SYNDROME.—The services to families of individuals with Fetal credentialing of teachers, administrators, Secretary, acting through the Director of Alcohol Spectrum Disorders; and’’. and social workers who implement such pro- the National Institute on Alcohol Abuse and SEC. 6. PREVENTION, INTERVENTION, AND SERV- grams; Alcoholism, shall provide for the continu- ICES IN THE EDUCATION SYSTEM. (5) conduct a study on the inadequacies of ation of the Interagency Coordinating Com- The Secretary of Education shall direct how the current system processes children mittee on Fetal Alcohol Syndrome so that the Office of Special Education and Rehabili- with certain developmental delays and sub- such Committee may— tative Services to— sequently develop alternative methods of in- ‘‘(1) coordinate activities conducted by the (1) implement screening procedures and carceration and treatment that are more ef- Federal Government on Fetal Alcohol Spec- conduct training on a nationwide Fetal Alco- fective for youth offenders identified to have trum Disorders, including convening meet- hol Spectrum Disorders surveillance cam- a Fetal Alcohol Spectrum Disorder; and ings, establishing work groups, sharing in- paign for the educational system in collabo- (6) develop transition programs for individ- formation, and facilitating and promoting ration with the efforts of the National Cen- uals with Fetal Alcohol Spectrum Disorders collaborative projects among Federal agen- ter on Birth Defects and Developmental Dis- who are released from incarceration. cies; and abilities under section 399H(b) of the Public SEC. 8. MISCELLANEOUS PROVISIONS. ‘‘(2) develop, in consultation with the Na- Health Service Act (as added by this Act); (a) AUTHORIZATION OF APPROPRIATIONS.— tional Task Force on Fetal Alcohol Spec- (2) introduce curricula previously devel- Section 399J of the Public Health Service trum Disorders, priority areas for years 2006 oped by the National Center on Birth Defects Act (42 U.S.C. 280f-2) is amended by striking through 2010 to guide Federal programs and and Developmental Disabilities and the Sub- ‘‘the part’’ and all that follows through the activities related to Fetal Alcohol Spectrum stance Abuse and Mental Health Services period and inserting ‘‘subsections (h) thor- Disorders. Administration on how to most effectively ough (k) of section 399H, $27,000,000 for each of fiscal years 2005 through 2009’’. ‘‘(b) COORDINATION AMONG FEDERAL ENTI- educate and support children with Fetal Al- (b) REPEAL OF SUNSET.—Section 399K of the TIES.— cohol Spectrum Disorders in both special Public Health Service Act (42 U.S.C. 280f-3) is education and traditional education settings, ‘‘(1) IN GENERAL.—The Comptroller General repealed. of the United States shall evaluate and make and investigate incorporating information about the identification, prevention, and recommendations regarding the appropriate THE ADVANCING FASD RESEARCH, treatment of the Disorders into teachers’ roles and responsibilities of Federal entities PREVENTION, AND SERVICES ACT with respect to programs and activities re- credentialing requirements; RESEARCH lated to Fetal Alcohol Spectrum Disorders. (3) integrate any special techniques on how The adverse affects of alcohol consumption ‘‘(2) COVERED ENTITIES.—The Federal enti- to deal with Fetal Alcohol Spectrum Dis- during pregnancy are better understood ties under paragraph (1) shall include enti- orders children into parent-teacher or par- today than they were when Fetal Alcohol ties within the National Institutes of Health, ent-administrator interactions, including Syndrome (FAS) was first described in the the Centers for Disease Control and Preven- after-school programs, special school serv- medical literature in 1968. But more research tion, the Substance Abuse and Mental ices, and family aid programs; is needed. The bill would require the Na- (4) collaborate with other Federal agencies Health Services Administration, the Health tional Institutes of Health to develop a re- to introduce a standardized educational unit Resources and Services Administration, the search agenda for Fetal Alcohol Spectrum within schools’ existing sexual and health Indian Health Service, the Agency for Disorders (FASD) that would include re- education curricula, or create one if needed, Healthcare Research and Quality, the Inter- search related to: agency Coordinating Committee on Fetal Al- on the deleterious effects of prenatal alcohol Identifying the mechanisms that produce cohol Syndrome, the National Task Force on exposure; and the cognitive and behavioral problems asso- Fetal Alcohol Spectrum Disorders, as well as (5) organize a peer advisory network of ciated with fetal alcohol exposure; develop- the Office of Special Education and Rehabili- adolescents in schools to discourage the use ment of a neurocognitive phenotype for FAS tative Services in the Department of Edu- of alcohol while pregnant or considering get- and Alcohol-Related Neurodevelopmental cation and the Office of Juvenile Justice and ting pregnant. Disorder (ARND); identifying biological Delinquency Prevention in the Department SEC. 7. PREVENTION, INTERVENTION, AND SERV- markers that indicate fetal alcohol exposure; of Justice. ICES IN THE JUSTICE SYSTEM. identifying risk factors that increase suscep- ‘‘(3) EVALUATION.—The evaluation con- The Attorney General shall direct the Of- tibility to FASD; investigating new ap- ducted by the Comptroller General under fice of Juvenile Justice and Delinquency proaches for sustaining recovery from alco- paragraph (1) shall include— Prevention to— hol dependence; developing therapeutic

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interventions for individuals with FASD; de- SUPPORT SERVICES tice system. The bill would have the Attor- veloping screening instruments to identify Individuals with FASD often need special ney General implement screening proce- women who consume alcohol during preg- support services as they transition from ado- dures, introduce training curricula on how to nancy; and understanding the behavioral dis- lescence to adulthood. The bill would provide effectively identify and interact with indi- orders associated with FASD. federal grants that could be used to: viduals with FASD, track individuals enter- SURVEILLANCE, IDENTIFICATION, AND Provide housing assistance to adults with ing the juvenile justice system whose back- PREVENTION FASD; provide vocational training and ground indicates they have a high prob- ability of having FASD, and develop transi- FASD is often difficult to identify, which placement services to adults with FASD; tion programs for individuals with FASD complicates efforts to accurately estimate provide medication monitoring services to who are released from incarceration. its prevalence. Improved surveillance of adults with FASD; and provide training and support to organizations providing family FASD is needed to better understand the By Mr. HATCH (for himself and scope of the problem and to effectively de- services or mental health programs and other organizations that work with adults ploy public health resources. The bill would Mr. LEAHY): with FASD. improve surveillance and prevention by: S. 2742. A bill to extend certain au- The bill would also allow federal funds to Developing a comprehensive screening thority of the Supreme Court Police, be used to provide respite care to caregivers process for FASD; monitoring risk factors modify the venue of prosecutions relat- of individuals with FASD, recruit and train for FASD such as alcohol consumption mentors for adolescents with FASD, and pro- ing to the Supreme Court building and among pregnant women and women of child- vide education and support services to fami- grounds, and authorize the acceptance bearing age; and conducting research on pre- lies of individuals with FASD. of gifts to the United States Supreme vention and implementing strategies for re- Court; to the Committee on the Judici- ducing alcohol-exposed pregnancies. COMMUNITY HEALTH CENTER INITIATIVE Community health centers provide pri- ary. STATE FASD SYSTEMS mary and preventive health care services in Mr. HATCH. Mr. President, the Fed- To improve surveillance, prevention, and rural and urban communities that are medi- eral courts propose legislation to im- treatment of individuals with FASD, the bill cally underserved. The bill would provide prove their operational efficiency. would facilitate the development of state- federal grants to implement and evaluate a Today, joined by Senator LEAHY, I am wide FASD systems. To be eligible for fed- program to increase awareness and identi- eral grants, a state would have to develop a introducing legislation requested by fication of FASD in community health cen- the Supreme Court of the United strategic plan for preventing and treating ters. Participating health centers would: FASD, consult with public and non-profit Provide training to health care providers States. This bill is non-controversial private organizations with relevant exper- on identifying and educating women who are and I hope the Senate can complete ac- tise, including family organizations, and des- at risk for alcohol consumption during preg- tion on it in a timely manner after we ignate an individual as the state’s FASD pro- nancy; provide training to health care pro- return from our August recess. gram coordinator. viders on screening children for FASD; and There are three sections to this bill States would be required to identify exist- educate health care providers and other which I will describe for the benefit of ing state programs that could be used for health center workers on the availability of my colleagues. identification, prevention, and treatment of support services for individuals with FASD Section 1. Supreme Court Police Au- FASD and to identify barriers that individ- and treatment services for women at risk for thority to Protect Court Officials Off of uals with FASD may now experience when alcohol consumption during pregnancy. Court Grounds. This section would ex- trying to access those programs. States PUBLIC AWARENESS AND EDUCATION could use the federal funds for a number of tend, for an additional four years, a Even though FASD is completely prevent- ‘‘sunset’’ provision on authority of the activities, including: able, many continue to consume alcohol dur- Establishing statewide surveillance sys- ing pregnancy. The bill would authorize the Supreme Court Police to protect the tems and diagnostic centers; developing and development and broadcast of national pub- Justices and other Court officials and implementing prevention programs, includ- lic service announcements to raise public official guests away from the Court ing public awareness campaigns; referring awareness of the risks associated with alco- building and grounds. individuals with FASD to appropriate sup- hol consumption during pregnancy. This authority was established by port services; developing and sharing best practices; training health care providers; and NATIONAL TASK FORCE ON FASD Public Law 97–390 (12/29/82) and was for disseminating information about FASD and The bill would require the National Task a three-year period. Since 1985, the au- the availability of support services. Force on FASD to identify and report on the thority has been renewed regularly, ten most important actions that should be COMMUNITY PARTNERSHIPS generally with three or four year ex- taken to reduce prenatal alcohol exposure Responding to FASD at the community tensions and now expires at the end of and its adverse outcomes, current epidemio- 2004. The extension of the sunset provi- level is also important. The bill would pro- logical information, innovative prevention vide federal grants to partnerships of health models, short-term and long-term rec- sion would permit the Court Police to professionals, school systems, child welfare ommendations for achieving the Healthy 2010 carry out this function until 2008. The offices, incarceration facilities, parent orga- Objectives for the Nation related to FASD, Court Police regularly provide protec- nizations, Indian tribes and others within a and a recommendation on whether FAS and tion for the Justices away from the community. These community partnerships other prenatal alcohol disorders should be Court, and in light of the heightened would collaborate on common objectives and included in the Diagnostic and Statistical security threats to symbols of our gov- integrate services. Federal funds could be Manual of Mental Disorders. used to: ernment, it is vital that the Police’s Identify and integrate existing services; COORDINATION AMONG FEDERAL ENTITIES authority to carry out this function identify services not available in a commu- The bill provides statutory authority for continue without interruption. nity; develop community-based initiatives to the Interagency Coordinating Committee on Section 2. Venue for violations of prevent, diagnose, treat and provide support FAS and instructs the Comptroller General Chapter 61 of Title 40. This section services to individuals with FASD; dissemi- of the United States to evaluate and make recommendations regarding the appropriate would add the United States District nate information; develop community-wide Court for the District of Columbia to public awareness and outreach campaigns; roles and responsibilities of federal entities and provide mentoring or other support for with programs and activities related to the existing statute establishing venue families of individuals with FASD. FASD. for the prosecution of violations of statutes or regulations governing the BEST PRACTICES PREVENTION, INTERVENTION, AND SERVICES IN THE EDUCATION SYSTEM Supreme Court building and grounds Individuals with FASD can find themselves in a number of settings and under the super- The education system must be involved in under 40 USCS §§ 6131 et seq. vision of individuals not trained to work efforts to address FASD. The bill would have Section 6137(b) currently permits with them. The bill would provide federal the Department of Education implement prosecutions only in Superior Court. grants for pilot projects to identify and im- screening procedures, introduce curricula on The amendment would provide an addi- plement best practices for: how to effectively educate and support chil- tional alternative, in light of the fact Educating children with FASD within the dren with FASD, include information on the that there are prosecutions under these danger of alcohol consumption during preg- school system; educating judges, attorneys, statutes where distinctly Federal in- child advocates, law enforcement officers, nancy in existing sexual and health edu- cation curricula, and adopt other strategies terests are at stake. prison wardens, and others on how to treat Prosecutions under this chapter in- and support individuals with FASD within to assist students with FASD. the criminal justice system; and educating PREVENTION, INTERVENTION, AND SERVICES IN clude the following: Sale of articles, adoption or foster care agency officials THE JUSTICE SYSTEM signs, and solicitation in Supreme about available and necessary services for Many FASD adolescents and adults are in- Court Building and grounds; destruc- children with FASD. carcerated or otherwise involved in the jus- tion of property in the Supreme Court

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00111 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8728 CONGRESSIONAL RECORD — SENATE July 22, 2004 Building and grounds; possession of only licensed medical doctors, licensed form only four supervised surgeries. In firearms, fireworks, unauthorized doctors of osteopathy, and certain li- contrast, ophthalmologists during speeches, and objectionable language censed dentists may perform eye sur- medical school, internship, and resi- in the Supreme Court Building and gery at Department of Veterans Affairs dency complete between 9,000 to 12,000 grounds; and unauthorized parades, as- facilities or under contract with the hours of training and education before semblages, and display of flags in the Department; to the Committee on Vet- practicing without supervision. Supreme Court Building and grounds. erans’ Affairs. The Veterans Eye Treatment Safety Section 3. Gifts to the Supreme Mr. FITZGERALD. Mr. President, I Act of 2004 provides that only licensed Court. This section would authorize rise today to introduce the Veterans medical doctors, licensed doctors of os- the Chief Justice or his designee to ac- Eye Treatment Safety Act of 2004, or teopathy, or licensed dentists whose cept, hold, administer and use gifts of VETS Act, which will protect the eye practice is limited to oral or maxillo- personal property for official Court care of our veterans by providing that facial surgery may perform eye surgery purposes. Monetary bequests would be only licensed physicians may perform at Department of Veterans Affairs fa- turned over to the treasury. eye surgery at Department of Veterans cilities or under contract with the de- In 1978, Congress authorized the Di- Affairs (VA) facilities or under con- partment. This legislation is narrowly rector of the Administrative Office for tract with the VA. targeted and does not prevent optom- United States Courts to receive gifts Presently, 49 out of 50 States prohibit etrists from performing noninvasive, on behalf of the judiciary, recognizing optometrists from performing surgery. nonsurgical procedures—the procedures at the time that the judiciary had al- Oklahoma is the only State that allows that optometrists are trained and ready received gifts under its implied optometrists to perform laser surgical qualified to perform. The bill simply powers. [See 28 U.S.C. § 604(a)(17)(B).] procedures. Recently, Oklahoma en- ensures that only licensed physicians Generally, the Director does not have acted a law expanding existing law to can perform invasive, surgical proce- authority with respect to the Supreme allow optometrists to perform nonlaser dures on our veterans. Court, and this provision is intended to surgical procedures such as cataract The VETS Act has been endorsed by recognize that the Supreme Court has surgery. the Vietnam Veterans of America, the the authority to receive non-monetary Under the VA credentialing practice, National Gulf War Resource Center, gifts on its own behalf. The language of optometrists have been granted laser the American Medical Association, the the provision closely tracks the 1978 surgery clinical privileges within the American Academy of Ophthalmology, legislation authorizing the Director to VA Medical Center. The VA’s the American Osteopathic Association, receive gifts for the judiciary. credentialing practice allows medical and the American College of Surgeons. Mr. President, I appreciate the coop- practitioners to be granted privileges Additionally, the Veterans of Foreign erative effort that Senator LEAHY and I to perform procedures within the VA Wars and the Blinded Veterans Asso- have been able to undertake to bring system that they are authorized to per- ciation have written letters to the De- this legislation to the Senate and am form in the State in which they are li- partment of Veterans Affairs opposing confident we can work together to en- censed. Thus, an optometrist licensed allowing optometrists to perform sur- sure timely passage of this measure. in Oklahoma can be granted clinical I ask unanimous consent that the gery. privileges to perform laser surgery at This bill is a patient safety measure text of the bill be printed in the the VA. In 2003, the VA allowed at least that protects our veterans. It protects RECORD. There being no objection, the text of three optometrists to perform laser eye the law of 49 States, preventing the the bill was ordered to be printed in surgery at multiple VA hospitals will of one from becoming the law of throughout the Nation. the land. We must send a clear message the RECORD, as follows: This practice is inconsistent with the S. 2742 to the VA that veterans should receive policies of the Army, Navy, and Air the same quality eye care that ordi- Be it enacted by the Senate and House of Rep- Force, which do not allow optometrists resentatives of the United States of America in nary citizens receive. Congress assembled, to perform eye surgery. The VA, which I would like to thank Senator CANT- SECTION 1. EXTENSION OF AUTHORITY FOR THE also treats TRICARE beneficiaries, is WELL, Senator HOLLINGS, Senator FEIN- UNITED STATES SUPREME COURT the outlier. If a military retiree, a STEIN, and Senator SESSIONS for co- POLICE TO PROTECT COURT OFFI- TRICARE beneficiary, needs laser eye sponsoring this important legislation. I CIALS OFF THE SUPREME COURT surgery, only a licensed medical doctor GROUNDS. urge all of my colleagues to join me in Section 6121(b)(2) of title 40, United States or doctor of osteopathy could perform supporting this bill that will protect Code, is amended by striking ‘‘2004’’ and in- it, as required by the Army, Navy, and the ocular safety of our veterans—en- serting ‘‘2008’’. Air Force. However, if that same suring that they receive the same high SEC. 2. VENUE FOR PROSECUTIONS RELATING TO TRICARE beneficiary seeks treatment level of care that almost all Americans THE UNITED STATES SUPREME at a VA facility—as is his or her and members of the armed forces re- COURT BUILDING AND GROUNDS. right—it is possible that an optom- Section 6137 of title 40, United States Code, ceive. is amended by striking subsection (b) and in- etrist could perform the surgery. In I ask unanimous consent that the serting the following: this case, such person would receive a text of bill be printed in the RECORD. ‘‘(b) VENUE AND PROCEDURE.—Prosecution lower standard of care than the Depart- There being no objection, the bill was for a violation described in subsection (a) ment of Defense would allow in a mili- ordered to be printed in the RECORD, as shall be in the United States District Court tary treatment facility. This VA follows: for the District of Columbia or in the Supe- credentialing practice regarding eye S. 2743 rior Court of the District of Columbia, on in- surgery creates two standards of care: Be it enacted by the Senate and House of Rep- formation by the United States Attorney or resentatives of the United States of America in an Assistant United States Attorney.’’. a high standard of care for active duty Congress assembled, SEC. 3. GIFTS TO THE UNITED STATES SUPREME personnel, dependents, and TRICARE COURT. beneficiaries when seen in a military SECTION 1. SHORT TITLE. The Chief Justice or his designee is author- treatment facility, and a lower stand- This Act may be cited as the ‘‘Veterans ized to accept, hold, administer, and utilize ard of care for TRICARE beneficiaries Eye Treatment Safety (VETS) Act of 2004’’. gifts and bequests of personal property for SEC. 2. LIMITATION AS TO PERSONS WHO MAY and veterans if treated in the VA sys- PERFORM EYE SURGERY FOR DE- the purpose of aiding or facilitating the work tem. of the United States Supreme Court, but PARTMENT OF VETERANS AFFAIRS. The VA’s practice is questionable. Section 1707 of title 38, United States Code, gifts or bequests of money shall be covered is amended by adding at the end the fol- into the Treasury. Optometrists typically do not have the requisite training and experience to lowing new subsection: By Mr. FITZGERALD (for him- perform eye surgery. Only one school ‘‘(c)(1) Eye surgery at a Department facil- of optometry in the United States of- ity or under contract with the Department self, Ms. CANTWELL, Mr. HOL- may be performed only by an individual who LINGS, Mrs. FEINSTEIN, and Mr. fers courses in laser eye surgery. To be- is a licensed medical doctor, a licensed doc- SESSIONS): come certified, optometrists must com- tor of osteopathy, or a licensed dentist S. 2743. A bill to amend title 38, plete two courses at this school, with whose practice is limited to the specialty of United States Code, to provide that less than 40 hours of training, and per- oral or maxillofacial surgery.

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00112 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8729 ‘‘(2) For purposes of this subsection, the In the public sector, the savings are fully examine this issue and update its term ‘eye surgery’ means any procedure in- hardly less dramatic. Informed esti- findings from its last comprehensive volving the eye or the adnexa in which mates put the effect of a fully circu- review made in 1990. human tissue is cut, burned, frozen, vapor- Now, I turn to the specifics of my ized, ablated, probed, or otherwise altered or lating dollar coin at as much as a $500 penetrated by incision, injection, laser, million annual infusion to the Treas- legislative proposal. Beginning in 2006, ultrasound, ionizing radiation, or by other ury general fund. These funds are cre- the bill would cause the images of four means, in order to treat eye disease, alter or ated by the difference between what it U.S. Presidents to appear on the dollar correct refractive error, or alter or enhance costs to make a coin or bill and what coin a year, each in the order of their cosmetic appearance. Such term does not in- it’s worth. For a dollar coin, the dif- service, until all are so honored. The clude the following noninvasive, nonsurgical ference, which is called seigniorage, is reverse of the coin would feature the procedures: removal of superficial ocular for- Statue of Liberty. The edge of the coin eign bodies from the conjunctival surface, about 80 cents. While there is no direct from the eyelid epidermis, or from the cor- comparison for a dollar bill, as the ac- would hold important information, neal epithelium; corneal debridement and counting methods are different, the such as the date and the so-called scraping; forceps epilation of misaligned eye- gain to the general fund is much less. mintmark. It is important to note that lashes; the prescription and fitting of con- Another savings comes from the fact coins bearing the image of Sacagawea, tact lenses; insertion of punctal plugs, diag- that a coin can do its work for 30 years, who currently appears on the face of nostic dilation or irrigation of the lacrimal while a dollar bill has a lifespan of only the dollar coin, will continue to be system; the use of diagnostic ultrasound; orthokeratology; or the treatment of emer- about 18 months before it wears out issued during the period of the Presi- gency cases of anaphylactic shock (with sub- and needs to be replaced. dential Coin Program established by cutaneous epinephrine, such as that included With such clear advantages on the this bill. I draw my colleague’s atten- in a bee sting kit).’’. side of the dollar coin why doesn’t the tion to the fact that her image will be American public use the coin? The an- joined by the images of U.S. Presi- By Mr. SUNUNU (for himself, Mr. swers are fairly well known and were dents, not displaced by them. This is REID, Mrs. DOLE, and Mr. HAR- documented by the GAO in a 2002 re- only appropriate, especially as we cele- KIN): port to Congress. Let me address some brate the bicentennial of the Lewis and S. 2744. A bill to authorize the mint- of the problems outlined by the GAO. Clark Expedition of which she was such ing and issuance of a Presidential $1 First, there is the so-called ‘‘network an important part. coin series; to the Committee on Bank- effect.’’ This interdependency of de- To complement the Presidential Coin ing, Housing, and Urban Affairs. mand is described by the GAO this Program, my bill would also create a Mr. SUNUNU. Mr. President, I rise way—‘‘Increasing the use of the coin is new puregold bullion coin to honor today with the Senator from Nevada, especially difficult because retailers presidential spouses. At the same time Senator REID, to introduce the Presi- will not stock the dollar coin until each president’s image appears on the dential $1 Coin Act of 2004. This legisla- they see the public using it, the public circulating dollar coin, the spouse’s tion, which is modeled after the suc- is unlikely to use the coin until they image would appear on a one-half cessful 50-State quarter program, see retailers stocking it, and banks and ounce pure gold coin. It is my hope would add the image of U.S. Presidents armored carriers are reluctant to in- that together the Presidential coin and to the circulating dollar coin. I believe this bill, when enacted, will prompt vest in new equipment to handle the the Spouse coin will spark excitement more widespread usage of the dollar coin until there is wide demand for it.’’ and interest in the dollar coin and get coin, earn significant funds for the U.S. Second, there is a lack of public infor- it into circulation. These coins will ap- government and spark new interest in mation about the savings to the gov- peal both to collectors and to inves- the history of the leaders of our Na- ernment from using the dollar coin. tors. As I mentioned earlier, the Presi- tion. Third, business users found difficulty The United States Government cur- in getting the newer ‘‘golden’’ dollar dential Coin Program is modeled after rently issues a dollar coin. Unfortu- coins in a useable form—they are not the wildly successful 50-state quarter nately, many Americans don’t know rolled like other coins and because program. As all my colleagues know, about the coin and most don’t use they are generally commingled with that program has aroused new interest them. In fact, the dollar coin has never the older Susan B. Anthony dollars. in coins, coin collecting and the his- lived up to its promise to become a pri- Fourth, design mistakes made with the tory of our nation’s states. Before it mary component of the American econ- Susan B. Anthony dollar led many to began, the U.S. Mint was producing omy. I believe as policy makers, it is confuse the coin with the quarter and about $400 million in quarters a year. our job to ask what this costs our econ- spend it at a 75-cent loss. Finally, the Demand in the first year of the quarter omy and our government, why the dol- most difficult problem of all, Ameri- program shot up to $1.2 billion in quar- lar coin is not widely used, and what cans prefer the dollar bill to the dollar ters that year. Seigniorage from the can be done to remedy it. coin because they can get an adequate quarter halfway through the 50-state With a one-dollar coin in general cir- supply of them, and they are readily program has surpassed all expecta- culation, our economy will be more ef- accepted everywhere. tions, amounting to more than $4 bil- ficient, and our government will reap The GAO summed it up with this lion, close to the $5 billion that was the significant benefits that a fully cir- conclusion in its 2002 report, ‘‘. . . until predicted for the whole 10-year pro- culating coin will generate. To illus- individuals can see that the coin is gram. I believe that the Presidential trate, millions of low-dollar trans- widely used by others and that the gov- Coin Program will have a similar effect actions occur in our country every day. ernment intends to replace the dollar on the dollar coin, creating interest Bringing even the smallest efficiency bill with the dollar coin, they will be and familiarity with the dollar coin to each would result in significant sav- unlikely to use the coin in everyday and revenues for the U.S. government. ings to the economy. For example, the transactions.’’ The bill I am introducing with Sen- vending machine industry estimates The bill I am introducing today will ator REID would also take other impor- that the effect of a widely circulated address many of these problems. It will tant steps toward getting Americans dollar coin in its sector alone could be do so by getting the dollar coin in peo- used to the dollar coin and removing as much as $1 billion in savings: $300 ple’s hands and pockets. It will provide barriers to its circulation. For exam- million in increased sales and $700 mil- the information that Americans need ple, it would cause the Federal Govern- lion in reduced maintenance costs. Add to make rational decisions and it takes ment to use the dollar coin in all its re- to that the savings that businesses steps to eliminate other barriers to cir- tail operations. Incredibly, this is not would realize by experiencing lower culation of the coin. Although this leg- the case now. Except for the U.S. Post- handling costs—it’s simply much more islation does not take the dollar bill al Service, few other Federal agencies expensive to sort and count bills than out of circulation, it is well known make use of the coin. Also, the bill coins—and one begins to get a sense of that continued circulation of the dollar would take the Susan B. Anthony dol- the economies that could be achieved if bill is expensive to businesses and con- lar coin out of circulation, ending the our dollar coin program were more of a sumers alike. Therefore, I am today problem—identified by many business success. writing the GAO asking that it care- owners—of commingling of the new and

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00113 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8730 CONGRESSIONAL RECORD — SENATE July 22, 2004 old dollar coins. There would be, how- Thomas Jefferson wrote the Declara- I conclude my statement by address- ever, no problem for the Sacagawea tion of Independence in 1776, but how ing an important issue that relates to and Presidential dollars to circulate at many know the dates of his presi- this proposal. I understand that there the same time, as they both would be dential service to our country? Those are those in this body and elsewhere of the attractive ‘‘golden’’ color. The were momentous years for our young who do not wish to see the image of bill also would cause the dollar coins to nation, and this program will put that Sacagawea, which is now on the dollar be available in convenient forms, in- kind of information in the pockets of coin, removed for any reason. It is cluding rolls and small bags, so that every consumer and in the hands of their view that to do so shows dis- businesses can use them easily. Now, every school child in the nation. respect to her and to all Native Ameri- it’s hard to get dollar coins except in This bill also will provide financial cans. I share their commitment to hon- pillow-sized bags, from which they benefits to consumers and the govern- oring the memory of Sacagawea, which must be counted before they can go ment. The cost of counting and han- is why my bill provides for the contin- into cash registers. dling change is much lower than that ued release of Sacagawea dollar coins Finally, this legislation will create a of counting and handling currency. The throughout the Presidential coin pro- new, pure-gold bullion, one-ounce coin widespread availability and use of a gram and beyond. Furthermore, I be- with the image of the so-called ‘‘Indian dollar coin will help lower costs for lieve this program will actually honor Head’’ or ‘‘Buffalo’’ nickel. Here, I consumers in sectors of the economy Sacagawea by ensuring that the dollar must note that the design is so popular that rely on regular low-dollar-value coin with her image and the images of that when our colleague Senator CAMP- transactions, such as vending machines U.S. Presidents is widely circulated BELL, authored legislation to re-create and transit systems. and used by all Americans. that design as a limited-edition silver The Department of Treasury also es- Mr. President, I look forward to dollar to benefit the National Museum timates that the dollar coin, if in full working with the Committee on Bank- of the American Indian now under con- circulation, would create as much as ing, Housing, and Urban Affairs and the struction on the Mall, all half-million $500 million each year for the govern- rest of my colleagues to ensure this copies allowed sold out within two ment. This money, which goes directly measure’s review and passage. weeks. This will be an opportunity for to the general fund, arises from the dif- collectors to get a pure-gold copy of ference between the costs of making By Mr. CAMPBELL: the coin, but it will also be an oppor- the coin and the amount of worth it S. 2745. A bill to amend the Colorado tunity for investors to buy an invest- carries in commerce. While this Canyons National Conservation Area ment-grade coin. Other countries, in- amount varies depending on a number and Black Ridge Canyons Wilderness cluding the People’s Republic of China, of factors, for the Golden Dollar, it Act of 2000 to rename the Colorado make this kind of pure-gold invest- averages about $0.80 for each coin. Canyons National Conservation Area ment vehicle available to their citi- It should be noted that the Depart- as the McInnis Canyons National Con- zens, but to date the U.S. Mint gold in- ment of Treasury estimated that the 50 servation Area; to the Committee on vestment-grade coins have only been State Quarter Program would produce Energy and Natural Resources. $2.6 billion to $5 billion in revenues for about 90 percent pure. I’m certain that Mr. CAMPBELL. Mr. President, I am the government; halfway through, the with the quality work of the Mint and honored to rise and introduce legisla- program already has earned more than the imprimatur of the United States tion that would rename the Colorado $4 billion. Government, this coin will be well-ac- Canyons National Conservation Area cepted into the market. The second part of this bill would es- tablish a program to honor presidential as the McInnis Canyons National Con- Let me conclude, by saying that I be- servation Area. lieve the bill I am introducing today First Spouses with a nearly pure gold I do this in recognition of my col- will put the dollar coin on the map and coin. Each coin would bear the likeness league in the House, SCOTT MCINNIS, in the pockets of Americans. That’s of a presidential spouse on one side and who will join me this year in returning good for commerce and it’s good gov- an image symbolic of the spouse’s home to private life after years of dedi- ernment. works or interests on the other. In the Mr. REID. Mr. President, I rise today five cases in which presidents had no cated public service to the people of Colorado. For the past two decades, with my good friend Senator SUNUNU spouse during their term of office, the to cosponsor the Presidential One Dol- measure provides for an image of ‘‘Lib- Congressman MCINNIS has been a true lar Coin Act of 2004. When enacted, this erty’’ as was used on a coin during the champion in the fight to protect Colo- measure will provide a valuable edu- president’s term, with the reverse hav- rado’s public lands. In fact, no sitting cational tool to help children and ing an image related to the period of Member of Congress has passed more adults alike learn about our presidents, the president’s term. I believe the pres- legislation for the designation and pro- will lead to substantial savings for con- idential spouse program will build on tection of Wilderness areas. sumers, and earn billions of dollars for the benefits— both educational and fi- As Congressman MCINNIS nears the the government. nancial—of the presidential series. end of his tenure in office, I thought it Let me begin by describing in detail Finally, my bill directs the U.S. Mint appropriate to create a lasting symbol how the program established by this to produce a new, one-ounce, pure gold of Colorado’s appreciation for his many legislation will work. Beginning in bullion coin with the famous image of achievements on behalf of our great 2006, four presidents would be honored the ‘‘Indian Head’’ or ‘‘Buffalo’’ nickel. State. The Colorado Canyons National each year on dollar coins in the order This fine looking coin is so well known Conservation Area is located near Con- of service, with their name, dates of and popular that when it was struck as gressman MCINNIS’ home in Grand service, and a number indicating the a silver dollar to help finance the Na- Junction. The site is one of America’s order in which they served on the front tional Museum of the American Indian, most beautiful natural treasures. of the coin. all 500,000 were snapped up by con- These canyons are preserved today be- The Statute of Liberty will appear on sumers and collectors in just two cause of the work of Congressman the reverse side of the coin, while the weeks. MCINNIS, who began his quest to pro- date and mintmark will appear on the While other countries have made tect the Colorado Canyons by seeking edge of the coin, leaving room for dra- coins like these, the Mint has never the input of local citizens and land- matic images on the faces. made a pure gold coin for investors and owners. He then took this input and The bill also continues the tradition collectors, and I believe it is time to do sought the advice of land managers and that no image of a living president ap- so. Not only will these coins increase non-profit conservation organizations. pear on coins and also seeks to address investment opportunities, they will Upon completing the plan, Congress- the several barriers to circulation that produce earnings for the government. man MCINNIS drafted the legislation to have in the past hindered more wide- As my home state of Nevada is a prin- create the area and shepherded it spread use of the dollar coin. ciple gold producing state in the na- through Congress. The educational benefits of this pro- tion, it will also create jobs for my Simply put, the creation of the Colo- gram are clear. We all know that constituents. rado Canyons National Conservation

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00114 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8731 Area would not have been possible ab- technology fostering the longest expan- credited, and new competitors (prin- sent the tireless efforts of SCOTT sionary period in our 200 year history. cipally China and India, but also Can- MCINNIS. Recognizing the sizable Wise decisions were made in the 1980s ada, Mexico, Ireland, Malaysia, and McInnis legacy on behalf of all Colo- and we cashed in on them in the 1990’s. Taiwan) can deploy world class talent radans, I think it only fitting and ap- The strategy that worked then is not not fearful of international competi- propriate to introduce this lasting trib- sufficient now. World markets are now tion. American economic supremacy— ute to recognize SCOTT’s hard work and undergoing a momentous change that our seeming birthright since the Sec- abiding love of Colorado’s public lands. requires a re-assessment of our com- ond World War—has come to an end. petitiveness strategy for this new cen- Now we have to fight for every morsel By Mr. LIEBERMAN: tury. on our economic table. S. 2747. A bill to establish a Commis- As the Japanese challenge developed The competitors we now face have sion on the Future of the United States in the early 1980s, the response of our world class engineering and science Economy to make recommendations on two political parties became a polar- talent as well as low wages. The chal- public policy and the reorganization of ized debate about ‘‘industrial policy.’’ lenge now extends beyond a concern the Federal Government to promote ef- Republicans favored deeper and deeper over foreign competition on manufac- ficiency and economy of operation, and tax cuts to stimulate job growth turing to ominous trends in favor of for other purposes; to the Committee which—together with massive defense global outsourcing of the services sec- on Banking, Housing, and Urban Af- spending—sent the deficits through the tor, including high end technology fairs. roof. Some Democrats pushed for an In- jobs. The drive for increased Mr. LIEBERMAN. Mr. President, in dustrial Development Bank to rescue customization, speed, and responsive- the mid-1980’s President Reagan joined failing firms and protectionist policies. ness to customer needs has multiplied with Democrats and Republicans to Neither side thought it could com- the pressures for productivity and quality. Our entire innovation eco- fashion an effective strategy to con- promise without risking the support of system is under stress, including the front the challenges we then faced from its political base, and we faced a polit- ties between basic research and com- the Japanese. It’s time to reconsider ical deadlock on economic policy. mercialization, competition for capital our competitiveness strategy, this time Twenty years later, does all of this in response to the Chinese and many and technology, and adaptive business sound quite familiar? models. As we have done in building other emerging free enterprise econo- The Young Commission brought all fighter aircraft that puts unheard of G mies. The Reagan approach—appoint- sides to the table and enabled each to force stress on pilots, we now need ing a bipartisan commission on indus- acknowledge the hard facts that shaped workers who can thrive on knowledge trial competitiveness, chaired by John the debate. It proposed the first gen- A. Young, president of Hewlett Pack- overload. Because our workforce no eration of reforms that became a bipar- longer has the security of certainty ard Co., and supported by the Demo- tisan competitiveness agenda. Public- and stability, we need to give it the cratic Congress—remains the most ef- private collaborations instead of indus- confidence and tools to adapt continu- fective way to proceed, and today I am trial supports, and research and devel- ously to innovation and change—in a introducing legislation to do just that. opment investments in information global melee of shifting upstart com- Still known as the Young Commis- technology became a foundation for petitors. sion, this distinguished group of lead- the economic boom of the 1990’s. Their The American economy is the most ers from large and small businesses, recommendations provided the road- adaptable in the world—with a well labor, and academia led the nation in a map that led to the longest period of educated workforce, efficient capital dialog on ways to strengthen the com- economic growth in our history. markets, and the zeal of generations of petitiveness of the U.S. industry in Today, the challenges we face are ex- entrepreneurial immigrants. But we both domestic and foreign markets. Its ponentially larger and more complex. seem not to have noticed that the rate recommendations and remedies were We’ve entered an information age of global change is accelerating. The widely adopted in the late 1980’s and where intangible assets such as innova- warning signs are everywhere. We are 1990’s and account for the unprece- tion and knowledge are the new keys not just losing some high wage jobs— dented growth we experienced—much to competitive advantage. These intan- we may be losing critical parts of our coming from America’s high tech sec- gibles—including worker skills and innovation infrastructure, and with tor. But our competitive circumstances knowledge, informal relationships that them, our long-term competitive edge have changed and the Young Commis- feed creativity, new business methods, in the global marketplace. As long as sion vision needs to be reconsidered and intellectual property—are driving emerging nations such as China and and refreshed. worldwide economic prosperity. Ac- India continue to produce more and The 2.7 million jobs we’ve lost since cording to a 1998 study by the Brook- more science and engineering grad- 2000 is a bitter reminder of the eco- ings Institution 85 percent of company uates, invest in their infrastructure, nomic crisis we faced in the early assets are now considered intangible, a and implement targeted industrial and 1980’s. Back then Japan had emerged as significant jump from 38 percent in trade policies to strengthen their re- a major competitor invading our mar- 1982. search and development and attract kets with advanced products at lower In an age where these knowledge- foreign investment, doing nothing will prices. Sony, Hitachi, Nikon, Toyota, based assets are difficult to patent or slowly and silently erode our economic Honda and other rising Japanese indus- copyright, intellectual property rights and national security. As our own gi- trial giants had cast a shadow of anx- are difficult to enforce, and informa- ants like GE, TI, Intel, HP, and Micro- iety over the American public. Plant tion crosses borders freely and instan- soft cast a shadow of anxiety over closings and layoffs became widespread taneously, the first Young Commission American workers by going offshore, as our trade deficit with Japan doesn’t give us all the answers. We we must proceed with a coordinated ballooned and production shrank with need a strategy where change is both and sustainable vision to strengthen rising imports. And the Paul Volcker inevitable and necessary, as companies our innovation infrastructure. Amer- interest rates imposed to break the leapfrog their own technology and con- ica’s dependence on foreign capital to back of inflation had crushed the weak- tinuously reap the rewards that go to finance excessive government and con- er American firms. We had two choices: innovators. This 21st century rat race— sumer debt is an ominous trend which succumb or fight. constant insecurity, constant competi- threatens our future innovation. The Fortunately, led by the kind of prac- tion, and constant change—presents an much higher savings rate of many of tical vision espoused by the Young opportunity for all, yet it will be a our competitors gives them ready ac- Commission, the United States learned nightmare for the unprepared. cess to capital necessary for investing how to fight and rose to the challenge This is our fate for a good reason— in productivity-enhancing research and with objective analysis of our the United States won the cold war’s technologies. strengths and weaknesses, hard deci- battle of ideas. The outcome is what we To meet these challenges, we first sions about government’s role, and in- wished for—free enterprise is on the need an injection of bipartisan polit- vestments in entrepreneurs and high march, socialist state planning is dis- ical will and that’s not easy to find in

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00115 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8732 CONGRESSIONAL RECORD — SENATE July 22, 2004 Washington these days. It is time to purpose of undertaking an analysis of the taking testimony, and receiving evidence. unleash a new, bipartisan and updated competitive challenges to American compa- The Commission may request information Young Commission, charged with ana- nies and workers and making recommenda- from any Federal department or agency; tions for public policy, including reorganiza- lyzing the impact of global economic may accept, use, and dispose of gifts or dona- tion of the Federal government, to promote tions of services or property; may procure changes on the American economy, in- efficiency and economy of operation, to fos- analysis, reports and studies from organiza- cluding the offshore outsourcing prob- ter the skills and knowledge Americans need tions or individuals other than Commission lem, and offering nonpartisan proposals to prosper in the 21st century, strengthen staff analysis; and may use the United to preserve our innovation infrastruc- the entire innovation system, and stimulate States mails in the same manner and under ture and create more high-wage Amer- the creation of knowledge, inventions, part- the same conditions as other departments ican jobs. nerships and other intangibles so as to main- and agencies of the Federal Government. The tain economic growth, income generation Commission may also receive administrative The legislation I am introducing and job creation. today creates a 22-member bipartisan support from the Administrator of General SEC. 4. COMPOSITION AND MEETINGS. Services on a reimbursable basis. Commission on the Future of the U.S. This section sets the membership at 17 vot- Economy to make specific rec- ing members; nine appointed by the Presi- SEC. 7. COMMISSION PERSONNEL MATTERS. ommendations on a broad range of dent and two each appointed by the Senate This section describes personnel matters issues related to the development of Majority Leader, the Senate Minority Lead- for the Commission. Regular members of the our Nations’ skill-base, innovation ca- er, the Speaker of the House and the House Commission shall be allowed travel expenses Minority Leader. In addition, the President and shall be compensated at a rate equal to pacity and the other factors needed for shall appoint five non-voting ex officio mem- the daily equivalent of the annual rate of the knowledge and information econ- bers from among the following officials: the basic pay prescribed for level IV of the Exec- omy. The Commission is to report back Secretaries of the Treasury, Commerce, utive Schedule for each day of service. The to Congress within 18 months. Labor and Defense, the United States Trade Commission may hire an Executive Director Numerous groups concerned about Representative, the Chairman of the Council and staff, without regard to the civil service the future of the United States econ- of Economic Advisers, and the Director of laws and regulations, not to exceed the rate omy have begun to address the rising the Office of Science and Technology Policy. payable for level V of the Executive Sched- The President shall designate one regular ap- ule. Federal Government employees may be challenge of sustaining our competi- pointee as Chairperson. The voting members tive advantage in this new global econ- detailed to the Commission without reim- shall elect a Vice Chairperson who is not af- bursement and the Commission may procure omy. I first would like to thank Dr. filiated with the same political party as the temporary and intermittent services to sup- Kenan Patrick Jarboe from Athena Al- Chairman. Members shall be appointed not port and supplement Commission staff at a liance for helping to develop key ideas later than 60 days after the date of enact- rate not to exceed the daily equivalent of the and providing invaluable advice as my ment of an Act making the appropriations, annual rate of basic pay prescribed for level office considered this legislation. I and any vacancies shall be filled in the same V of the Executive Schedule. Regular mem- manner as the original appointment. bers of the Commission do not lose any Fed- would also like to acknowledge the sig- Regular members shall be persons who are eral retirement benefits by virtue of service nificant and thoughtful work the Elec- leaders or recognized experts from industry, on the Commission. tronic Industries Alliance has provided labor unions, research institutions, academia in formulating ideas for a new competi- and other important social and economic in- SEC. 8. TERMINATION OF THE COMMISSION. tiveness agenda. I also trust that the stitutions, and have expertise in economics, The Commission shall terminate 90 days major effort in progress under the Na- international trade, services, manufacturing, after the date on which it submits the final tional Innovation Initiative of the labor, science and technology, education, report. business, or have other pertinent qualifica- SEC. 9. AUTHORIZATION OF APPROPRIATIONS. Council on Competitiveness will pro- tions or experience. Regular members may vide a creative groundwork for this im- not be officers or employees of the United This section authorized $10,0000,000 to be portant Commission. States. Every effort shall be made to ensure appropriated to the Commission, to remain I request unanimous consent that a that the regular members are those who can available until expended. provide new insights to analyzing the nature section-by-section summary of the bill S. 2747 and the text of the bill itself appear in and consequences of a knowledge-based econ- the RECORD following my remarks. omy. Be it enacted by the Senate and House of Rep- There being no objection, the mate- The Commission shall hold its first meet- resentatives of the United States of America in ing no later than 30 days after all voting Congress assembled, rial was ordered to be printed in the members have been appointed. SECTION 1. SHORT TITLE. RECORD, as follows: SEC. 5. DUTIES OF THE COMMISSION. THE COMMISSION ON THE FUTURE OF THE U.S. This section describes the duties of the This Act may be cited as the ‘‘Commission ECONOMY ACT Commission which shall— on the Future of the United States Economy Act of 2004’’. SECTION-BY-SECTION (A) review the findings and recommenda- tions of previous studies and commissions SECTION 1. SHORT TITLE. SEC. 2. FINDINGS. (including the Young Commission and the This section cites the title of the Act as Congress makes the following findings: National Innovation Initiative of the Council the ‘‘Commission on the Future of the U.S. (1) The United States economy has entered on Competitiveness); Economy Act of 2004’’. (B) analyze the current economic environ- an information age in which innovation and SEC. 2. FINDINGS. ment and competitive challenges facing the knowledge, including worker skills and cre- This section lays out a number of findings U.S. workers and companies; ativity, are the keys to competitive advan- which include: (C) review the strategies of other nations tage. (1) The U.S. economy has entered an infor- for responding to the competitive challenges (2) The need for bold innovation and ever- mation age where innovation and knowledge of the new economic environment, and ana- increasing knowledge imposes increasingly are the new keys to competitive advantage lyze the impact of those strategies on the fu- demanding competitive challenges for and are creating new challenges for Amer- ture of the U.S. economy; United States workers and companies. ican workers and companies. (D) formulate specific recommendations on (3) In 1984, in response to concerns over the (2) In 1984, at the height of concerns over a broad range of issues related to the devel- condition of the manufacturing sector in the the condition of the manufacturing sector in opment of the nations’ skill-base and innova- United States, President Ronald Reagan ap- the U.S., President Reagan appointed the bi- tive capacity within the private and public pointed the bipartisan President’s Commis- partisan President’s Commission on Indus- sectors of the U.S. economy. By March 1, 2006 sion on Industrial Competitiveness (here- trial Competitiveness (the Young Commis- or 18 months after appointment of members, after in this Act referred to as the ‘‘Young sion) that addressed the issue of U.S. com- whichever is later, the Commission shall Commission’’) that addressed the issue of petitiveness in a new way and developed a submit to Congress and the President a re- United States competitiveness in a new way framework that has guided policymaking for port regarding the competitive challenges and developed a framework that has guided the past two decades. facing the United States, along with conclu- policymaking for the past 2 decades. (3) There is a need for an independent, bi- sions and specific recommendations for legis- (4) The Young Commission proposed a reor- partisan undertaking comparable to the lative and administrative actions for main- ganization of the performance of the eco- Young Commission to review the new com- taining economic growth, income generation nomic and trade functions of the Federal petitive challenges facing the United States and job creation. The Commission may also Government, which was never implemented. and to recommend a framework to guide the submit an interim or any special reports it (5) The striking changes in world economic making of responsive public policy. feels may be necessary. circumstances over the 20 years since reorga- SEC. 3. ESTABLISHMENT AND PURPOSE. SEC. 6. POWERS OF THE COMMISSION. nization was proposed by the Young Commis- This section establishes the Commission This section describes the powers of the sion necessitate reevaluation of the proposal on the Future of the U.S. Economy with the Commission, which include holding hearings, in light of those changes.

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00116 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8733 (6) Because the challenges facing the (12) Economic statistics and accounting (A) The Secretary of the Treasury. United States economy are different in many principles have not caught up with this new (B) The Secretary of Commerce. ways from those of 20 years ago, there is a economic environment. (C) The Secretary of Labor. need to renew the Young Commission’s man- (13) All sectors of the economy are affected (D) The Secretary of Defense. date to reexamine America’s competitive- by this new economic environment. (E) The United States Trade Representa- ness. (14) Small and medium-size firms are espe- tive. (7) Many studies and reports by govern- cially in need of ways to better develop and (F) The Chairman of the Council of Eco- mental and nongovernmental organizations, utilize their information, knowledge, and nomic Advisors. such as the National Innovation Initiative of other intangible assets. (G) The Director of the Office of Science the Council on Competitiveness, have laid (15) It is vital to the future strength of the and Technology Policy. the groundwork for this reexamination. United States economy that, as new ideas, (b) QUALIFICATIONS FOR VOTING MEMBERS.— (8) The changed competitive challenges scientific discoveries, and knowledge pervade (1) REQUIREMENTS.—Persons appointed as facing the United States today— the domestic and international economies, voting members under subsection (a)(1) shall (A) extend beyond a concern over global United States firms be able to assess, absorb, be selected from among persons who— competition in goods and the loss of domes- and deploy these opportunities quickly for (A) are leaders or recognized experts in in- tic manufacturing to the challenges pre- competitive advantage. dustry, labor unions, research institutions, sented by the fusion of manufacturing and (16) While United States firms and workers academia, and other important social and services into complex networks and the lead the world in creating and using informa- economic institutions; opening of more service sectors earlier to tion, knowledge, and other intangible assets, (B) have expertise in economics, inter- international competition; increasing global competition means that national trade, services, manufacturing, (B) extend beyond concerns over produc- the United States Government and the pri- labor, science and technology, education, tivity and quality to the challenges pre- vate sector must continue to develop the in- business, or have other qualifications or ex- sented by the need for increased formation economy in the United States in perience pertinent to the duties of the Com- customization, speed, and responsiveness to order to ensure that the people of the United mission; and customer needs; States prosper in this new economic environ- (C) are not officers or employees of the (C) extend beyond issues of competitive- ment. United States Government. ness of individual manufacturing firms and (17) There is a need for an independent, bi- (2) ADDITIONAL CONSIDERATION.—To the industries and to the challenges of ensuring partisan undertaking comparable to the maximum extent practicable, persons who robustness in the networks of manufacturing Young Commission to review the new com- are appointed as voting members shall be and service firms and development of new petitive challenges facing the United States persons who can provide new insights into forms of business models; and to recommend a framework to guide the analysis of the nature and consequences of a (D) extend beyond a concern over high- making of responsive public policy, includ- knowledge-based economy. (c) CHAIRPERSON AND VICE CHAIRPERSON.— technology research and development and to ing the reorganization of the Federal Gov- The President shall designate one voting the challenges of nurturing the entire inno- ernment to promote efficiency and economy member of the Commission as Chairperson. vation system, including basic research, of operation, to promote private initiatives, The voting members of the Commission shall technological development, venture capital, and to guide individual decisionmaking elect a Vice Chairperson from among the new product development, design and aes- about the future of the United States econ- voting members of the Commission ap- thetics, new business models, and the devel- omy as governments, business, labor unions, pointed by the majority leader of the Senate, opment of new markets; and the people of the United States struggle the minority leader of the Senate, the (E) shift attention from concern over rais- with ways to utilize information, foster the development of intangible assets, and pro- Speaker of the House of Representatives, and ing awareness of trade to a refocusing on the the minority leader of the House of Rep- problems of managing the increasing com- mote innovation and competitiveness in the new global information economy. resentatives. The Vice Chairman shall not be plexity of globalization; affiliated with the same political party as SEC. 3. ESTABLISHMENT AND PURPOSE. (F) extend beyond the challenges of sus- the Chairman. (a) ESTABLISHMENT.—There is established taining a flexible and educated workforce to (d) INITIAL APPOINTMENTS; VACANCIES.— the Commission on the Future of the United the challenges of exploring new or better (1) INITIAL APPOINTMENTS.—Members shall ways to foster the types of skills needed in a States Economy (hereafter referred to as the be appointed not later than 60 days after the knowledge and information economy; ‘‘Commission’’). date of the enactment of an Act making ap- (b) PURPOSES.—The purpose of the Com- (G) extend beyond concern over cost of cap- propriations authorized under section 9. mission are as follows: ital to the challenges of achieving the dual (2) VACANCIES.—Any vacancy in the Com- objectives of unlocking the value of under- (1) To analyze the worldwide competitive mission shall not affect its powers, but shall utilized knowledge assets and insuring the challenges to United States companies and be filled in the same manner as the original efficiency and stability of the global finan- workers. appointment. cial system; (2) To make recommendations in accord- (e) MEETINGS.— (H) extend beyond a concern over competi- ance with this Act, for the making of respon- (1) IN GENERAL.—The Commission shall tion from Japan and the Southeast Asian sive public policy, including the reorganiza- meet at the call of the Chairperson. Newly Industrializing Countries (NICs) to tion of the Federal Government— (2) INITIAL MEETING.—The Commission the challenges of integrating many coun- (A) to promote efficiency and economy of shall hold its first meeting not later than 30 tries, such as India, China, and Eastern Eu- operation; days after all voting members of the Com- ropean nations, into the global economy; and (B) to foster the skills and knowledge the mission have been appointed under sub- (I) include the challenges of new demo- people of the United States need to prosper section (a). graphic dynamics, including the aging of the in the 21st century; (f) QUORUM.—A majority of the voting so-called ‘‘baby boom’’ generation, increased (C) to strengthen the entire innovation members of the Commission shall constitute life expectancy, below replacement fertility system undergirding the United States econ- a quorum. rates in most of the developed world, and in- omy; and (g) VOTING.—Each voting member of the creasing populations in the developing (D) to stimulate the creation of knowledge, Commission shall be entitled to 1 equal vote. world. inventions, partnerships, and other intan- SEC. 5. DUTIES OF THE COMMISSION. (9) In this information age, new ideas, busi- gible assets in order to maintain economic (a) STUDY.— ness models, and technologies, including growth, income generation, and job creation. (1) IN GENERAL.—The Commission shall computer and telecommunications, the SEC. 4. COMPOSITION AND MEETINGS. conduct a study of the United States econ- Internet, and the digital revolution, have (a) COMPOSITION.—The Commission shall be omy and the competitiveness of United combined to alter the economy structurally. composed of 22 members as follows: States companies and workers. (10) Information, knowledge, and other in- (1) 17 voting members of whom— (2) SCOPE.—In conducting the study under tangible assets now power our innovation (A) 9 members shall be appointed by the this subsection, the Commission shall— process, which is based both on science-based President; (A) review the findings and recommenda- research and informal creativity and pro- (B) 2 members shall be appointed by the tions of previous commissions, including the duces the productivity and improvement majority leader of the Senate; Young Commission, and the studies (includ- gains needed to maintain prosperity. (C) 2 members shall be appointed by the ing resulting findings and recommendations) (11) The range of knowledge, information, minority leader of the Senate; of others that are relevant to the work of the and intellectual capital-based intangible as- (D) 2 members shall be appointed by the Commission, including the National Innova- sets driving economic prosperity include Speaker of the House of Representatives; and tion Initiative of the Council on Competi- worker skills and know-how, informal rela- (E) 2 members shall be appointed by the tiveness; tionships that feed creativity and new ideas, minority leader of the House of Representa- (B) analyze the current economic environ- high-performance work organizations, new tives. ment and competitive challenges facing business methods, intellectual property such (2) 5 non-voting ex officio members ap- United States workers and companies; as patents and copyrights, brand names, and pointed by the President from among the fol- (C) review the strategies of other nations innovation and creativity skills. lowing officials: for responding to the competitive challenges

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of the new economic environment, and ana- (1) REQUIRED REPORT.— director shall be subject to confirmation by lyze the impact of those strategies on the fu- (A) IN GENERAL.—The Commission shall the Commission. ture of the United States economy; submit to Congress and the President a re- (2) COMPENSATION.—The Chairperson of the (D) formulate specific recommendations on port regarding the competitive challenges Commission may fix the compensation of the a broad range of issues related to the devel- facing the United States. The report shall in- executive director and other personnel with- opment of the skill-base and innovative ca- clude conclusions and specific recommenda- out regard to the provisions of chapter 51 and pacity within the private and public sectors tions for legislative and executive actions. subchapter III of chapter 53 of title 5, United of the United States economy and other pri- (B) TIME FOR REPORT.—The report under States Code, relating to classification of po- orities related to the knowledge and infor- this paragraph shall be submitted not later sitions and General Schedule pay rates, ex- mation economy, including recommenda- than the later of— cept that the rate of pay for the executive di- tions regarding— (i) March 1, 2006; or rector and other personnel may not exceed (i) the reorganization of the Federal Gov- (ii) the date that is 18 months after the the rate payable for level V of the Executive ernment to promote efficiency and economy date of the initial meeting of the Commis- Schedule under section 5316 of such title. of operation; sion. (d) DETAIL OF GOVERNMENT EMPLOYEES.— (ii) education and training policy; (2) OPTIONAL REPORTS.—The Commission Any Federal Government employee may be (iii) labor policy; may submit to Congress and the President detailed to the Commission without reim- (iv) economic development; interim or special reports as the Commission bursement, and such detail shall be without (v) science and technology policy and orga- determines appropriate. interruption or loss of civil service status or nization; SEC. 6. POWERS OF COMMISSION. privilege. (vi) intellectual property rights; (a) HEARINGS.—The Commission or, at its (e) PROCUREMENT OF TEMPORARY AND (vii) telecommunications policy; direction, any panel or regular member of INTERMITTENT SERVICES.—The Chairperson of (viii) international economic policy, in- the Commission, may hold hearings, sit and the Commission may procure temporary and cluding trade and finance and the manage- act at times and places, take testimony, and intermittent services to support and supple- ment of globalization; receive evidence as the Commission con- ment Commission staff under section 3109(b) (ix) macroeconomic policy; siders advisable to carry out this Act. of title 5, United States Code, at rates for in- (x) financial regulation and accounting (b) INFORMATION FROM FEDERAL AGEN- dividuals which do not exceed the daily policy; CIES.—The Commission may secure directly equivalent of the annual rate of basic pay (xi) antitrust policy; from any Federal department or agency such prescribed for level V of the Executive (xii) public and private infrastructure de- information as the Commission considers Schedule under section 5316 of such title. velopment and entrepreneurship; and necessary to carry out this Act. Upon re- (f) APPLICABILITY OF CERTAIN PAY AUTHORI- (xiii) small business development; quest of the Chairperson of the Commission, TIES.—An individual who is a member of the (E) formulate recommended policies and Commission and is an annuitant or other- actions for— the head of such department or agency shall furnish such information to the Commission. wise covered by section 8344 or 8468 of title 5, (i) transforming the education and training United States Code, by reason of membership process in the United States as necessary to (c) GIFTS.—The Commission may accept, use, and dispose of gifts or donations of serv- on the Commission shall not be subject to ensure effectiveness for facilitating life-long the provisions of section 8344 or 8468, as the learning; ices or property. (d) ANALYSIS, REPORTS, AND STUDIES.—The case may be, with respect to such member- (ii) upgrading the skills of the United ship. States workforce to compete effectively in Commission may procure analyses, reports, SEC. 8. TERMINATION OF THE COMMISSION. the new economic environment, including and studies from organizations or individuals The Commission shall terminate 90 days mathematics and science skills, critical other than Commission staff, notwith- thinking skills, communication skills, lan- standing the restrictions under section 7(e) after the date on which the Commission sub- guage and intercultural awareness, cre- of this Act. mits the report required under section ativity, and interpersonal relations essential (e) POSTAL SERVICES.—The Commission 5(b)(1). for success in the information age; may use the United States mails in the same SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (iii) promoting a broad system of innova- manner and under the same conditions as There is authorized to be appropriated to tion and knowledge diffusion, including non- other departments and agencies of the Fed- the Commission $10,000,000 to carry out ac- technological ingenuity and creativity as eral Government. tivities under this Act, to remain available well as science-based research and develop- (f) SUPPORT SERVICES.—Upon request of the until expended. ment; Chairperson of the Commission, the Admin- (iv) fostering the development of knowl- istrator of General Services shall provide to By Mrs. CLINTON: edge and information assets in all sectors of the Commission on a reimbursable basis the S. 2748. A bill to prohibit the giving the United States economy, particularly administrative support necessary for the or acceptance of payment for the place- those sectors of the economy in which rates Commission to carry out its duties under ment of a child, or obtaining consent this Act. of productivity and innovation have lagged, to adoption; to the Committee on the SEC. 7. COMMISSION PERSONNEL MATTERS. and in United States companies of all sizes, Judiciary. particularly small and medium-size compa- (a) COMPENSATION OF MEMBERS.—Each nies; member of the Commission who is not an of- Mrs. CLINTON. Mr. President, I rise (v) developing jobs that are rooted in local ficer or employee of the Federal Government today to introduce legislation that will skills and local knowledge assets in order to shall be compensated at a rate equal to the create a national penalty for baby sell- lessen displacement resulting from ongoing daily equivalent of the annual rate of basic ing and help ensure that all families global competition; pay prescribed for level IV of the Executive experience safe and legal adoptions. (vi) improving access to, and lowering the Schedule under section 5315 of title 5, United Although the majority of adoptions cost of, capital by unlocking the value to fi- States Code, for each day (including travel are handled by reputable and ethical nancial markets of underutilized knowledge time) during which such member is engaged agencies, each year around the world, assets; in the performance of the duties of the Com- (vii) strengthening the efficiency and sta- mission. All members of the Commission hundreds of thousands of children are bility of the international financial system who are officers or employees of the United sold illegally. In these tragic instances, (taking into account the roles of foreign cap- States shall serve without compensation in birth mothers and prospective adoptive ital and domestic savings in economic addition to that received for their services as families alike are victimized by indi- growth); officers or employees of the United States. viduals who treat children as commod- (viii) developing policies and mechanisms (b) TRAVEL EXPENSES.—The members of ities. Baby brokers exploit couples who for managing the increasing complexity of the Commission shall be allowed travel ex- are eager, if not desperate, to adopt a globalization; penses, including per diem in lieu of subsist- child, and vulnerable women who are (ix) adjusting to the impacts of global de- ence, at rates authorized for employees of mographic changes in the United States, agencies under subchapter I of chapter 57 of unable or unwilling to raise their chil- other developed countries, and developing title 5, United States Code, while away from dren. In too many States baby countries; their homes or regular places of business in brokering constitutes only a mis- (x) improving economic statistics and ac- the performance of services for the Commis- demeanor offense. The Baby Selling counting principles to adequately measure sion. Prohibition Act of 2004 will make this all sectors of the new economic environ- (c) STAFF.— horrific crime a felony. ment, including the value of information, in- (1) IN GENERAL.—The Chairperson of the I am pleased to partner with Lifetime novation, knowledge, and other intangible Commission may, without regard to the civil Television to help raise awareness service laws and regulations, appoint and assets; and about this issue and to change public (xi) improving understanding of how the terminate an executive director and such Federal Government supports and invests in other additional personnel as may be nec- policy. Lifetime’s original movie, knowledge and other intangible assets; essary to enable the Commission to perform ‘‘Baby for Sale,’’ which is based on the (b) REPORTS.— its duties. The employment of an executive troubling true story of a couple who

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00118 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8735 tried to adopt a child and got caught ‘‘(3) counseling fees; ease Control Director, to provide $75 up in a baby selling ring, will go a long ‘‘(4) fees to cover pre- and post-adoption million worth of grants to states for way toward raising the Nation’s con- counseling provided by a licensed health exams and necessary treatment for un- sciousness of this issue, and, I hope, practitioner; insured children who have failed a vi- ‘‘(5) attorney and legal fees associated with generate support for my legislation. the adoption; sion screening and cannot afford fol- The movie ‘‘Baby for Sale’’ high- ‘‘(6) foster care for the child to be adopted; low-on treatment. lights the story of a prospective adop- and Ample evidence underscores the need tive couple, William and Lauren ‘‘(7) foster care for the child to be adopted, for this type of legislation. A study and costs associated with medical care, rou- Schneider, who registered with an on- conducted by Dr. Mark Preslan and Au- line agency called ‘‘Adoption Online.’’ tine care, travel, and living expenses of the drey Novak of the Maryland Center for Through this agency, they met a law- child to be adopted. Sight, entitled The Baltimore Vision yer who introduced them to a baby, ‘‘(d) LIMITATION.—All costs described under subsection (b) or (c) shall be reasonable and Screening Project found that stra- Nikolett, who they were told was avail- customary within the State in which the bismus—also known as cross-eyes—am- able for adoption. The Schneiders fell adoption is finalized. blyopia and refractive errors, occurred in love with Nikolett at once and want- PPLICABILITY ‘‘(e) A .—This section shall in higher frequencies and remained un- ed to begin the adoption procedures so apply to all individuals, intermediaries, or treated for a population sample of that they could begin their life as a entities involved in the adoption of a youth in schools in lower income areas. family together. However, when the minor.’’. (b) TECHNICAL AND CONFORMING AMEND- The study’s main conclusion stated, lawyer asked them for $60,000 under- MENT.—The table of sections for chapter 77 of ‘‘Children with limited access to spe- the-table to process the adoption the title 18, United States Code, is amended by cialized eye care must be provided with couple alerted the authorities, and ul- adding at the end the following: timately uncovered a bidding war be- a mechanism for obtaining these serv- ‘‘1596. Accepting or charging excess amounts ices.’’ tween multiple couples for this little in connection with the place- girl. The public outrage surrounding ment of a child or obtaining This disparity exists at the national this case led to a change in New York consent to adoption.’’. level as well, and our minority popu- law last year. Under New York’s new lations are especially underserved. A law, baby selling is considered a felony By Mr. SARBANES: team of researchers from the Univer- instead of a misdemeanor. S. 2749. A bill to establish a grant sity of Michigan documented a na- The Baby Selling Prohibition Act of program to provide comprehensive eye tional example of differential access to 2004 is modeled after New York’s law. examinations to children, and for other vision treatment. Their research It makes profiting from the sale of a purposes; to the Committee on Health, showed that minority children and un- child, defined as charging fees beyond Education, Labor, and Pensions. insured children are far less likely to those that are reasonable and allow- Mr. SARBANES. Mr. President, get complete eye exams or glasses. A able, a felony, punishable by up to 10 today I am introducing legislation to study in January’s Optometry and Vi- years in prison. provide financial support to ensure sion Sciences demonstrated that unin- This critical legislation will prevent that uninsured children who have sured African American and Hispanic families from enduring the same agony failed vision screenings are able to ob- children were far less likely to receive that the Schneider’s went through and tain the glasses or eye treatments they vision correction, and that this dis- need. will ensure that every adoptive child’s parity results from lack of services as Almost every State in the Union has safety and best interest is strictly opposed to less frequent occurrences of a system in place to detect vision prob- maintained in all adoption cases. eye problems in these populations. I ask unanimous consent that the lems at an early age. Indeed, 30 states A study by the Kaiser Commission on text of the bill be printed in the and the District of Columbia require the Uninsured reveals that uninsured RECORD. vision screening for children beginning children are over five times more like- There being no objection, the text of with their entry into the school system the bill was ordered to be printed in and eleven additional states rec- ly to have an unmet need for medical care. According to a report by the Car- the RECORD, as follows: ommend such screenings for preschool children. But this system is incom- ing Foundation for Children, 20 percent S. 2478 plete. When children fail the screen, of uninsured children have untreated Be it enacted by the Senate and House of Rep- there is no requirement that they re- vision problems. According to Prevent resentatives of the United States of America in Congress assembled, ceive treatment of any kind. And if Blindness America data, 12.1 million school-aged children have vision im- SECTION 1. SHORT TITLE. they are uninsured, their families often This Act may be cited as the ‘‘Baby Selling cannot afford a visit to the ophthal- pairment. Among preschool-aged chil- Prohibition Act of 2004’’. mologist and obtain the treatment dren, more than 5 percent have a prob- SEC. 2. PROHIBITION. they need to address the problem iden- lem that can cause permanent sight (a) IN GENERAL.—Chapter 77 of title 18, tified by the screening. loss if left untreated, and almost 80 United States Code, is amended by adding at Mr. President, taking steps to iden- percent of that 5 percent never get an the end the following: tify a problem, but to then fail to ad- exam. Another study by the Vision ‘‘§ 1596. Accepting or charging excess dress it doesn’t make sense; in par- Council of America reported that 40 amounts in connection with the placement ticular when delay in treatment can percent of children who fail a vision of a child or obtaining consent to adoption have lifelong consequences. For exam- screen do not receive the recommended ‘‘(a) DEFINITION OF MINOR.—In this section, ple, one of the most common eye dis- follow-up care. The same study found the term ‘minor’ has the same meaning as in eases of early childhood, amblyopia or the average delay between a failed section 25(a)(2). ‘‘lazy eye,’’ responds to treatment 95 screening and follow-up evaluation by ‘‘(b) IN GENERAL.—Whoever, in connection percent of the time when it is ad- an eye-care professional was 4.1 years. with the adoption of a minor, knowingly ac- dressed by the age of three. If treat- cepts or charges any fee in excess of the al- Most of our States are taking the im- lowable costs for adoption, as those costs are ment is delayed until the age of five, portant first step of identifying young defined under the law of the State in which however, the likelihood that the prob- children with vision problems through the adoption is finalized, shall be imprisoned lem can be corrected is reduced to 10 mandatory vision screening. This legis- for not more than 10 years. percent. Children who cannot correct lation simply takes the next step to ‘‘(c) ALLOWABLE COSTS.—If, under the law these refractive vision problems start of any State in which an adoption is final- help provide a remedy for those chil- school at an enormous disadvantage in dren who cannot afford treatment. ized, the allowable costs associated with the terms of their ability to learn. adoption of a minor are not defined, the al- The legislation I am introducing lowable costs for purposes of this section today would help to obviate this def- By Mr. SANTORUM (for himself shall be— and Mr. CORZINE): ‘‘(1) maternity-related medical and costs; icit. Simply put, it would authorize the ‘‘(2) travel, meal, and lodging costs accrued Secretary of Health and Human Serv- S. 2751. A bill to encourage savings, when necessary for court appearances; ices, acting through the Center for Dis- promote financial literacy, and expand

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00119 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8736 CONGRESSIONAL RECORD — SENATE July 22, 2004 opportunities for young adults by es- holders and their guardians will choose ican child a fun investment account of tablishing KIDS Accounts; to the Com- from a list of possible investment funds their own. For the first time, every mittee on Finance. and will be able to watch their invest- child will have a meaningful incentive Mr. SANTORUM. Mr. President, ment grow over time. All Americans to learn the basics of investing, be- today, I am introducing ‘‘The America will have the opportunity to see first cause they will have real resources to Saving for Personal Investment, Re- hand that a smart investment now can invest. For the first time, even families tirement, and Education (ASPIRE) Act grow over time into considerable with modest incomes will have a sig- of 2004’’ along with Senator CORZINE. A wealth. nificant incentive to save, to earn the bipartisan group of members is intro- I believe that this bill could be a sig- government match. And, perhaps most ducing companion legislation in the nificant step forward in the effort to fundamentally, for the first time, every House of Representatives. The bill cre- expand asset opportunities to all Amer- American child will grow up knowing ates a Kids Investment and Develop- icans and encourage my colleagues to that when they reach adulthood, they ment Savings (KIDS) Account for every support this bipartisan effort. will have the ability to invest in them- child at birth and creates a new oppor- Mr. CORZINE. Mr. President, I am selves and in their own education. In tunity for the children of low-income pleased to join with Senator SANTORUM short, every child will have hope for a Americans to build assets and wealth. in introducing the ASPIRE Act of 2004, real future. This country has seen a growing which would expand opportunities for Considering its potentially signifi- number of Americans investing in the young adults, encourage savings, and cant social and individual benefits, the stock market and has witnessed an his- promote financial literacy, by estab- ASPIRE Act requires an investment toric boom in homeownership, which lishing investment accounts, known as that is relatively modest. It has been has increased to a record high 68 per- KIDS Accounts, for every child in estimated that, when it becomes effec- cent. However, this growth in assets America. tive, the bill’s cost would represent ASPIRE is based largely on a similar has not reached every American. While only about one tenth of one percent of initiative in the United Kingdom devel- many middle- and upper-income fami- the Federal budget. Yet the proposal oped by Prime Minister Tony Blair. lies have increased their assets in the differs from other proposals for new Yet despite its British roots, the pro- past decade, many low-income families spending or tax cuts because, for the posal is based on the most basic of have not had the same financial suc- first 18 years, it would not reduce over- American values. By giving every cess. A recent study conducted by the all national savings at all. In that pe- young person resources with which to Federal Reserve found that the median riod, virtually every dollar of outlays get a start in life, ASPIRE will help re- net worth of families in the bottom 20 would be saved, and would be available alize the American ideal of equal op- percent of the nation’s income level to expand long-term economic growth. was a mere $7,900 an amount that is far portunity. And by making every young person an investor, the proposal would In fact, the proposal would lead to an too low to ensure a comfortable eco- increase in national savings because of nomic future for their family. This encourage self reliance, promote sav- ings, and give every family a personal its incentives for families to save challenge needs to be addressed to en- more. This would help create the eco- sure that lower income families have a stake in America’s economy. Under ASPIRE, an investment ac- nomic growth we need to handle the significant opportunity to accrue count would be established for every added burdens associated with the im- wealth and expand opportunities for American child upon receiving a Social pending retirement of the baby their families. Security number. Each account would boomers. Under this legislation, KIDS Ac- Senator SANTORUM and I have been counts would be created after a child is be funded initially with $500. Those with incomes less than the national working on this legislation for many born and a Social Security number median would receive an additional months, along with sponsors of iden- issued. A one-time $500 deposit would contribution of up to $500, and would tical legislation in the House, Con- automatically be placed into a KIDS receive a one-for-one government gressmen HAROLD FORD, PATRICK KEN- account. Children from households match for their first $500 of private NEDY, THOMAS PETRI and PHIL ENGLISH. below the national median income contributions each year. Up to $1000 of In that process, we have been assisted would receive an additional deposit of after-tax private contributions would by a broad range of experts and other $500 at birth and would be eligible to be allowed annually from any source. interested parties, for which I am very receive dollar-for-dollar matching Funds would accumulate tax-free and grateful. However, I want to especially funds up to $500 per year for voluntary could not be withdrawn for purposes thank Ray Boshara and Reid Cramer of contributions to the account, which other than higher education until the the New America Foundation, who cannot exceed $1,000 per year. All funds child reaches the age of 18. At that have been extraordinarily helpful in grow tax-free. Access to the account point, funds could be withdrawn either the development of the legislation, and prior to age 18 would not be permitted, for higher education or for the pur- who have taken the lead in efforts to but kids—in conjunction with their chase of a home. Funds left unspent promote this and other asset building parents—would participate in invest- would be saved for retirement under initiatives. ment decisions and watch their money rules similar to those that apply to I recognize that given the lateness of grow. When the young person turns 18, Roth IRAs. Once the account holder the session, it is unlikely that this leg- he or she can use the accrued money reaches the age of 30, the initial $500 islation will see action in the 108th for asset building purposes such as edu- government contribution would have Congress. However, Senator SANTORUM cation, homeownership, and retirement to be repaid, though exceptions could and I are hopeful that those with an in- planning. Accrued funds could also be be made to avoid undue hardship. terest in the proposal will review the rolled over into Roth IRA accounts to Accounts initially would be held by a language of the bill and give us feed- expand investment options. government entity that would be based back in the coming months. We are I would like to highlight what I view on the successful Thrift Savings Plan, open to suggestions for improvements as the two major benefits of this legis- or TSP, which now manages retirement and expect to introduce a revised lation. The first, and most apparent, is accounts for Federal employees with version of the legislation in the next that this bill will help give younger in- relatively low administrative costs. As Congress. dividuals, especially low-income Amer- with the TSP, investors would have a The ASPIRE Act is a big new idea icans, a sound financial start to begin range of investment options, such as a based on simple, old time American their adult life. For example, a typical government securities fund, a fixed in- values. It already enjoys strong bipar- low-income family making modest but come investment fund, and a common tisan support from conservatives and steady contributions can create a KIDS stock fund. However, once an account progressives, alike, in both houses of Account worth over $20,000 in 18 years. holder reaches the age of 18, funds Congress. I look forward to working Second, and perhaps more important, could be rolled over to a KIDS Account with colleagues on both sides of the is that KIDS Accounts creates opportu- held at a private institution. aisle to secure its prompt enactment. nities for all Americans to become It is difficult to understate the po- more financially literate. The account tential impact of giving every Amer- By Mr. HATCH:

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00120 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8737 S. 2752. A bill to reform Federal budg- for only 24 percent of CBO’s $2.9 billion that Washington clearly has a spending et procedures, to impose spending safe- deficit projection between 2002 and problem, not a taxing problem. It is ir- guards, to combat waste, fraud, and 2011. CBO also estimated that increased responsible for us to continue to de- abuse, to account for accurate Govern- spending on entitlement programs and mand more money from taxpayers ment agency costs, and for other pur- legislated spending increases, particu- when we continue to flush much of poses; to the Committee on the Budget larly homeland security measures, ac- that money straight down the drain by and the Committee on Governmental counted for 76 percent of the deficit funding wasteful, useless, antiquated, Affairs, jointly, pursuant to the order projection over this same period. The or unnecessary government projects. of August 4, 1977, with instructions tax cuts did contribute to the deficit; I recognize that it is very late in the that if one Committee reports, the however, they were crucial to the re- second session of the 108th Congress other Committee have thirty days to cent economic recovery we are experi- and that in this very partisan election report or be discharged. encing. year, not much more legislation is Mr. HATCH. Mr. President, I rise However, there are other factors that likely to be approved. I also recognize today to introduce the Family Budget have been and are continuing to con- that some of the provisions of this bill Protection Act of 2004, legislation to tribute to growing deficits that are not are controversial and that the House of help bring our Federal spending under vital to our national security or future Representatives recently defeated a control. The companion to this bill, prosperity. What I am talking about bill that included some of these provi- H.R. 3800, was introduced in the House here is the growing tendency for Con- sions. However, I believe it is impor- of Representatives earlier this year by gress to spend money unnecessarily on tant to lay before the Senate this year Congressman JEB HENSARLING of Texas, various other projects that have far a comprehensive set of budget reform who has been joined by 103 cosponsors. less merit. And, I am talking about the provisions, and to introduce in this As all of our colleagues know, our fraud and waste that continues to body a budget reform concept bill that Federal budget situation has been plague our government. can be debated, discussed, examined under tremendous strain during the It seems that just about every time I over the next few months, and built past several years. After enjoying sev- return home to the State of Utah, I upon in the 109th Congress. eral years of actual and projected sur- talk with Utah taxpayers who want to Some of the major features of this pluses in the later part of the last dec- know why, given our deteriorating legislation would accomplish the fol- ade, we have unfortunately suffered a budget circumstances, Congress is not lowing: Provide a Joint Budget Resolution. near perfect storm of events that has doing more to rein in excess spending. The Family Budget Protection Act drastically turned the budget situation I find that Utahns, like other Ameri- cans, are generally willing to pay the would change the concurrent budget from one of sunny optimism to one of high price of fighting the war on terror resolution into a joint budget resolu- great concern. These events, of course, and of protecting our homeland. But no tion that is signed by the President include the recession that followed the one wants to pay for wasteful spending and has the force of law. This provision bursting of the high tech bubble and or projects that are not necessary. would enable both the President and stock market adjustment, the cor- Utahns are increasingly wondering why Congress to commit to the same budget porate scandals, the tragic events of more cannot be done to ensure that before spending any money that year. September 11, 2001, and the subsequent their hard-earned dollars are not going Our current budget procedure does not expenditures for the wars in Afghani- to be wasted or misspent. I believe this bring Congress and the President to stan and Iraq, and the need for in- bill goes a long ways toward addressing settle on even a basic budget frame- creased spending for homeland secu- these concerns. work until the very end of the process rity. I recognize that it is always tempting when the government is on the verge of The result of these events, combined to buy now and pay later, extend budg- shutting down. with the tax cuts that were necessary et deficits, and increase the size and Simplify the Budget. This bill would to get the economy back on a solid scope of our government. And, I realize simplify the current budget into a one- path of growth, have had a devastating that a government the size of ours is page budget by replacing the current 20 effect on the Federal budget and its always going to have some fraud and budget functions with established outlook. While I fully support Presi- waste associated with it. However, this spending levels for only four broad cat- dent Bush’s initiatives for pursuing the irresponsible spending and this fraud egories—mandatory spending, non-de- war on terror and protecting our home- and waste in government are mort- fense and defense discretionary spend- land, along with his plan for helping gaging our children’s future and ing, and a rainy day fund for emer- the economy recover, which has obvi- shrinking our Nation’s dynamic pri- gencies. ously worked, I am very concerned vate sector. High deficits and the Establish a Rainy Day Fund. This about our Federal budget and in find- mountain of Federal debt represent bill would abolish the practice of desig- ing a way to get it back to balance. real obligations that hurt our eco- nating spending as ‘‘emergency spend- Much of what has happened to our nomic security and our ability to pros- ing,’’ which is a practice often used to budget has been unavoidable, given the per, both now and in the future. avoid spending safeguards. Spending events of the past few years. In my I believe that a large part of the for true emergencies would be paid for view, we have simply had no choice but problem with this unwarranted spend- through a ‘‘rainy day’’ fund. All spend- to spend the money necessary to fight ing, and with this fraud and waste, is ing that is incurred through the ‘‘rainy the war on terror and improve our rooted in the Federal budget process day’’ fund must be defined as sudden, homeland security. Moreover, we will itself. The current budget process is urgent, unforeseen, and temporary. have to keep spending significant sums overly complicated, and in many re- Emergencies that exhaust the rainy for these purposes. After all, providing spects, largely incomprehensible. More day fund would be permissible if they for our national security has to be our importantly, it encourages over- were able to overcome a supermajority first and highest priority. spending. There is no doubt that its point of order lying against them. I also believe that the tax cuts of systemic problems contribute largely Set Up Government Shut-Down Pro- 2001, 2002, and 2003 were all necessary to to our budget deficits. tections. The Family Budget Protec- our future prosperity. In order to get The Family Budget Protection Act is tion Act would provide government our economy growing again and get our an opportunity to overhaul a Federal shutdown protection through an auto- people back to work, we needed the budget process that desperately needs matic continuing resolution in the economic stimulus that these tax cuts revision. It is an opportunity to tilt event that an agreement between Con- provided. the process away from more spending gress and the President on spending Not surprisingly, some of my col- and fraud and waste toward a more re- levels was not reached by the legal leagues point the finger solely at these sponsible way of determining where the deadline. In order to avoid simple inac- tax cuts as the culprit for our Federal taxpayers hard-earned tax dollars are tion by Congress, Federal agencies deficits. In fact, according to reports to be spent. would receive one percent less funding recently released by the Congressional I think Congressman HENSARLING each quarter the government operated Budget Office, the tax cuts accounted may have said it best when he noted under a continuing resolution.

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00121 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8738 CONGRESSIONAL RECORD — SENATE July 22, 2004 Provide a Two-Thirds Supermajority tinued focus on providing for our na- subsection shall meet the following require- Vote. New pay-go rules would be estab- tional security and fighting the war on ments: lished setting up points of order terror, I suggest to my colleagues that ‘‘(A) FIRST-TIME HOMEBUYER.—The mort- against spending not included in the now is the time to turn our attention gagor shall be a first-time homebuyer. The to controlling spending. I have no program for mortgage insurance under this budget. This bill would raise the bar subsection shall be considered a Federal pro- for points of order to require a two- doubt that the reforms included in the gram to assist first-time homebuyers for thirds supermajority vote (rather than Family Budget Protection Act can purposes of section 956 of the Cranston-Gon- the current three-fifths), in both the make a significant contribution to this zalez National Affordable Housing Act (42 House and the Senate, to sanction goal, and I recommend it to my fellow U.S.C. 12713). over-budget spending and spending in senators for their study and consider- ‘‘(B) COUNSELING.— violation of the caps. ation. ‘‘(i) REQUIREMENT.—The mortgagor shall Set Up Spending Caps. The bill would have received counseling, by a third party limit growth in entitlement spending By Mr. SMITH: (other than the mortgagee or any party re- to the current inflationary adjustment S. 2753. A bill to authorize the Sec- lated directly or indirectly to the mort- gagee) who is approved by the Secretary, for each program and growth in popu- retary of Housing and Urban Develop- ment to insure zero-downpayment with respect to the responsibilities and fi- lation. The bill would also set discre- nancial management involved in homeown- tionary spending caps that would allow mortgages; to the Committee on Bank- ing, Housing, and Urban Affairs. ership. spending to grow for inflation, with a Mr. SMITH. Mr. President, I ask ‘‘(ii) TOPICS.—Counseling required under firewall separating defense, non- clause (i) shall include providing to, and dis- unanimous consent that the text of the defense, and emergency spending. cussing with, the mortgagor— bill be printed in the RECORD. These spending caps would be protected ‘‘(I) information regarding homeownership There being no objection, the bill was options other than a mortgage insured under by points of order and enforced with an ordered to be printed in the RECORD, as across-the board sequester if breached. this subsection, other zero- or low-downpay- follows: ment mortgage options that are or may be- Establish Family Budget Protection S. 2753 come available to the mortgagor, the finan- Accounts. Perhaps one of the most Be it enacted by the Senate and House of Rep- cial implications of entering into a mortgage common-sense provisions of the Fam- resentatives of the United States of America in (including a mortgage insured under this ily Budget Protection Act would be the Congress assembled, subsection), and any other information that establishment of Family Budget Pro- SEC. 1. SHORT TITLE. the Secretary may require; and tection Accounts. These accounts This Act may be cited as the ‘‘Zero Down- ‘‘(II) a document that sets forth the would allow Congress to target spend- payment Act of 2004’’. amount and the percentage by which the ing during the appropriations process SEC. 2. INSURANCE FOR ZERO-DOWNPAYMENT property subject to the mortgage must ap- preciate for the mortgagor to recover the and redirect that spending for family MORTGAGES. (a) MORTGAGE INSURANCE AUTHORITY.—Sec- principal amount of the mortgage, the costs tax relief or deficit reduction at the tion 203 of the National Housing Act (12 financed under the mortgage, and the esti- end of the fiscal year. U.S.C. 1709) is amended by inserting after mated costs involved in selling the property, Combat Waste, Fraud, and Abuse. subsection (k) the following: if the mortgagor were to sell the property on Under the Family Budget Protection ‘‘(l) ZERO-DOWNPAYMENT MORTGAGES.— each of the second, fifth, and tenth anniver- Act, every voluntary entitlement pro- ‘‘(1) INSURANCE AUTHORITY.—The Secretary saries of the mortgage. gram and all discretionary programs may insure, and commit to insure, under ‘‘(iii) 2- TO 4-FAMILY RESIDENCES.—In the would be sunset in fiscal year 2008 and this subsection any mortgage that meets the case of a mortgage involving a 2- to 4-family 2009 to allow for a thorough cost-ben- requirements of— residence, counseling required under clause ‘‘(A) this subsection; and (i) shall include (in addition to the informa- efit analysis to see whether they still ‘‘(B) except as otherwise specifically pro- tion required under clause (ii)) information merit Federal funding. Entitlement vided in this subsection, subsection (b). regarding the rights and obligations of land- programs such as Social Security, ‘‘(2) ELIGIBLE SINGLE FAMILY PROPERTY.— lords and tenants. Medicare Part A, and Federal retiree To be eligible for insurance under this sub- ‘‘(5) OPTION FOR NOTICE OF FORECLOSURE benefits would be exempt from this section, a mortgage shall involve a property PREVENTION COUNSELING AVAILABILITY.— sunset. The bill would also set up a upon which there is located a dwelling that ‘‘(A) OPTION.—To be eligible for insurance commission to submit recommenda- is designed principally for a 1- to 4-family under this section, the mortgagee shall pro- tions on how to eliminate waste, fraud, residence, and that, notwithstanding sub- vide the mortgagor, at the time of the execu- section (g), is to be occupied by the mort- tion of the mortgage, an optional written and abuse. The commission’s rec- gagor as his or her principal residence, which agreement which, if signed by the mort- ommendation would either be approved shall include— gagor, allows, but does not require, the or rejected by Congress as a package, ‘‘(A) a 1-family dwelling unit in a multi- mortgagee to provide notice in accordance eliminating votes on changes to indi- family project and an undivided interest in with subparagraph (B) to a housing coun- vidual programs. Unlike past pro- the common areas and facilities which serve seling entity, approved by the Secertary, posals, this provision would include de- the project; that has agreed to provide the notice and fense and entitlement spending in its ‘‘(B) a 1-family dwelling unit of a coopera- counseling required under subparagraph (C). assessment. The bill would also initiate tive housing corporation, the permanent oc- ‘‘(B) NOTICE TO COUNSELING AGENCY.—No- cupancy of the dwelling units of which is re- tice provided under subparagraph (A) shall— enhanced rescission authority for the stricted to members of such corporation and ‘‘(i) be provided at the earliest time prac- President to propose the elimination of in which the purchase of stock or member- ticable after the mortgagor becomes 60 days wasteful spending identified in any ap- ship entitles the purchaser to the permanent delinquent with respect to any payment due propriations bill. The President’s pro- occupancy of such dwelling unit; and under the mortgage; posal would be transmitted to Congress ‘‘(C) a manufactured home, or a manufac- ‘‘(ii) state that the mortgagor is delin- and provided expedited consideration tured home together with a suitably devel- quent and set forth how to contact the mort- through the legislative process. oped lot on which to place the manufactured gagor; and The runaway freight train mentality home. ‘‘(iii) be provided once with respect to each of our Federal government spending ‘‘(3) MAXIMUM PRINCIPAL OBLIGATION.— delinquency period for a mortgage. ‘‘(A) LIMITATION.—To be eligible for insur- ‘‘(C) NOTICE TO MORTGAGOR.—Upon notice simply cannot continue. It is impera- ance under this subsection, a mortgage shall from a mortgagee that a mortgagor is 60 tive that we move to make these com- involve a principal obligation in an amount days delinquent with respect to payments mon-sense budget reforms while we are not in excess of 100 percent of the appraised due under the mortgage, the housing coun- still in a position to do so—rather than value of the property, plus any initial service seling entity shall immediately notify the continuing to let it control us. charges, appraisal, inspection, and other fees mortgagor of such delinquency, that the en- I believe that strong economic in connection with the mortgage as approved tity makes available foreclosure prevention growth, combined with tightly con- by the Secretary. counseling that may assist the mortgagor in trolled spending, are the keys to reduc- ‘‘(B) INAPPLICABILITY OF OTHER LOAN-TO- resolving the delinquency, and of how to con- ing the deficit and getting the Federal VALUE REQUIREMENTS.—A mortgage insured tact the entity to arrange for such coun- under this subsection shall not be subject to seling. budget in balance again. Although subsection (b)(2)(B), or to the undesignated ‘‘(D) ABILITY TO CURE.—Failure to provide much more needs to be done, we have matter that follows such subsection. the optional written agreement required made great strides in restoring strong ‘‘(4) ELIGIBLE MORTGAGORS.—The mort- under subparagraph (A) may be corrected by economic growth. Along with our con- gagor under a mortgage insured under this sending such agreement to the mortgagor at

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00122 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8739 the earliest time practicable after the mort- terest rate over the first 5 years of a mort- JOHNSON, Ms. MIKULSKI, Ms. gagor first becomes 60 days delinquent with gage. CANTWELL, Ms. STABENOW, and respect to payments due under the mortgage. ‘‘(11) LOSS MITIGATION.— Mr. LEAHY): Insurance provided under this subsection ‘‘(A) IN GENERAL.—Upon the default of any S. 2754. A bill to amend the Social Se- mortgage insured under this subsection, the may not be terminated and penalties for curity Act to protect social security such failure may not be prospectively or mortgagee shall engage in loss mitigation retroactively imposed if such failure is cor- actions for the purpose of providing an alter- cost-of-living adjustments (COLA); to rected in accordance with this subparagraph. native to foreclosure to the same extent as is the Committee on Finance. ‘‘(E) PENALTIES FOR FAILURE TO PROVIDE required of other mortgages insured under Mr. DASCHLE. Mr. President, 8 AGREEMENT.—The Secretary may establish this title pursuant to the regulations issued months ago, the Republican leadership appropriate penalties for failure of a mort- under section 230(a). pushed through Congress a lemon of a gagee to provide the optional written agree- ‘‘(B) ANNUAL REPORTING.—Not later than 90 Medicare prescription drug bill that ment required under subparagraph (A). days after the end of each fiscal year, the Secretary shall submit a report to Congress has been breaking down part by part ‘‘(F) LIMITATION ON LIABILITY OF MORT- since the day it was passed. GAGEE.—A mortgagee shall not incur any li- that compares the rates of default and fore- closure during such fiscal year for mortgages First, we learned drug companies ability or penalties for any failure of a hous- were raising the prices of many drugs, ing counseling entity to provide notice under insured under this subsection, for single-fam- subparagraph (C). ily mortgages insured under this title (other erasing what little discounts the ad- than under this subsection), and for mort- ‘‘(G) NO PRIVATE RIGHT OF ACTION.—This ministration’s drug card program gages for housing purchased with assistance section shall not create any private right of might have offered. provided under the downpayment assistance action on behalf of the mortgagor. Next, we learned the administration initiative under section 271 of the Cranston- ‘‘(H) DELINQUENCY PERIOD.—For purposes of Gonzalez National Affordable Housing Act concealed its cost estimates, misled this paragraph, the term ‘delinquency pe- (42 U.S.C. 12821). Congress, and threatened the Medicare riod’ means, with respect to a mortgage, a ‘‘(12) ADDITIONAL REQUIREMENTS.—The Sec- actuary with termination for trying to period that begins upon the mortgagor be- retary may establish any additional require- respond to Congressional requests for coming delinquent with respect to payments ments for mortgage insurance under this due under the mortgage, and ends upon the information. subsection as may be necessary or appro- Then, we heard that some seniors first subsequent occurrence of such pay- priate. ments under the mortgage becoming current who enrolled in the program were ‘‘(13) LIMITATION.—The aggregate number going to see reductions in other bene- or the property subject to the mortgage of mortgages insured under this section in being foreclosed or otherwise disposed of. any fiscal year may not exceed 30 percent of fits, such as food stamps. ‘‘(6) INAPPLICABILITY OF DOWNPAYMENT RE- the aggregate number of mortgages and Later, days after the Drug Card pro- QUIREMENT.—A mortgage insured under this loans insured by the Secretary under this gram began, seniors from across the subsection shall not be subject to subsection title during the preceding fiscal year. country began to report that it was too (b)(9) or any other requirement to pay on ac- ‘‘(14) PROGRAM SUSPENSION.— confusing and studies revealed there count of the property, in cash or its equiva- ‘‘(A) IN GENERAL.—Subject to subparagraph lent, any amount of the cost of acquisition. were lower prices available from major (C), the authority under paragraph (1) to in- online pharmacies. ‘‘(7) PREMIUMS.—In conjunction with the sure mortgages shall be suspended if at any credit subsidy estimation calculated each time the claim rate described in subpara- Finally, we learned that the HHS year pursuant to the Federal Credit Reform graph (B) exceeds 3.5 percent. A suspension website established to help seniors Act of 1990 (2 U.S.C. 661 et seq.), the Sec- under this subparagraph shall remain in ef- navigate their way through the lab- retary shall review the program performance fect until such time as such claim rate is 3.5 yrinth of the myriad cards was riddled for mortgages insured under this subsection percent or less. with false information. and make any necessary adjustments to en- ‘‘(B) FHA TOTAL SINGLE-FAMILY ANNUAL The most recent discovery, however, sure that the Mutual Mortgage Insurance CLAIM RATE.—The claim rate under subpara- is the most troubling of all, because Fund shall continue to generate a negative graph (A), for any particular time, shall be what we’re talking about is not policy credit subsidy which may include— the ratio of the number of claims during the ‘‘(A) altering mortgage insurance pre- 12 months preceding such time on mortgages breakdown, but policy sabotage. miums subject to subsection (c)(2); on 1- to 4-family residences insured pursuant Let me explain: Every senior has his ‘‘(B) reviewing underwriting policies; and to this title, to the number of mortgages on or her Medicare Part B premium with- ‘‘(C) limiting the availability of mortgage such residences having such insurance in- drawn from their Social Security insurance under this subsection. force at that time. check. But when the increase in health ‘‘(8) UNDERWRITING.—For a mortgage to be ‘‘(C) APPLICABILITY.—A suspension under care inflation began to outpace seniors’ eligible for insurance under this subsection, subparagraph (A) shall not preclude the Sec- Social Security cost of living adjust- the mortgagor’s credit and ability to pay the retary from endorsing or insuring any mort- ments, Congress protected seniors by monthly mortgage payments shall have been gage that was duly executed before the date evaluated using the Federal Housing Admin- of such suspension. making it impossible for a senior’s istration’s Technology Open To Approved ‘‘(15) SUNSET.—No mortgage may be in- Medicare premiums to go up more than Lenders (TOTAL) Mortgage Scorecard, or a sured under this section after September 30, the value of his or her Social Security similar standardized credit scoring system 2011, except that the Secretary may endorse COLA. It’s called the ‘‘hold harmless’’ approved by the Secretary, and in accord- or insure any mortgage that was duly exe- protection, and it makes a simple ance with procedures established by the Sec- cuted before such date. promise to seniors: The cost of health retary. ‘‘(16) GAO REPORTS.—Not later than 2 years care will not come at the expense of ‘‘(9) APPROVAL OF MORTGAGEES.—To be eli- after the date of enactment of the Zero gible for insurance under this subsection, a the cost of living. Downpayment Act of 2004, and annually We have now learned that behind mortgage shall have been made to a mort- thereafter, the Comptroller General of the gagee that meets such criteria as the Sec- United States shall submit a report to Con- closed doors and in the dark of night, retary shall establish to ensure that mortga- gress regarding the performance of mort- Republican leaders undermined this gees meet appropriate standards for partici- gages insured under this subsection. promise. Like Part B premiums, the pation in the program authorized under this ‘‘(17) IMPLEMENTATION.—The Secretary new prescription drug premiums will subsection. may implement this subsection on an in- come out of a senior’s Social Security ‘‘(10) DISCLOSURE OF INCREMENTAL COSTS.— terim basis by issuing interim rules, except check. But unlike in traditional Medi- For a mortgage to be eligible for insurance that the Secretary shall solicit public com- under this subsection, the mortgagee shall care, the new drug bill does not protect ments upon publication of such interim rules seniors with a ‘‘hold harmless’’ provi- provide to the mortgagor, at the time of the and shall issue final rules implementing this application for the loan involved in the subsection after consideration of the com- sion. mortgage, a written disclosure, as the Sec- ments submitted.’’. It was never mentioned in the debate retary shall require, that specifies the effec- (b) MORTGAGE INSURANCE PREMIUMS.—The and no one has stepped forward to take tive cost to a mortgagor of borrowing the second sentence of subparagraph (A) of sec- responsibility in the months since. But amount by which the maximum amount that tion 203(c)(2)(A) of the National Housing Act if we don’t fix the problem, it will could be borrowed under a mortgage insured (12 U.S.C. 1709(c)(2)(A)) is amended by strik- eventually result in the decimation of ing ‘‘In’’ and inserting ‘‘Except with respect under this subsection exceeds the maximum seniors’ Social Security annual cost of amount that could be borrowed under a to a mortgage insured under subsection (l), mortgage insured under subsection (b), based in’’. living adjustment. on average closing costs with respect to such Never have these protections been amount, as determined by the Secretary. By Mr. DASCHLE (for himself, more important. In the past several Such cost shall be expressed as an annual in- Mr. REED, Mrs. MURRAY, Mr. years, the consumer price index, on

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00123 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8740 CONGRESSIONAL RECORD — SENATE July 22, 2004 which Social Security COLAs are their medications. . . . Elderly Ameri- lems created by last year’s prescription pegged, has remained very low. At the cans should not have to live with those drug bill when Congress returns in the same time, the cost of health care has kinds of fears and hard choices. This fall. been skyrocketing by double-digit per- new law will ease the burden on seniors There being no objection, the mate- centages. In the 4 years of this admin- and will give them the extra help they rial was ordered printed in the RECORD, istration, the cumulative increase in need.’’ as follows: the Medicare monthly premiums will As we have seen so often, there has S. 2754 be at least $26, nearly twice as much as been a gap between what this adminis- Be it enacted by the Senate and House of Rep- in the prior eight years under the Clin- tration promised, and what it deliv- resentatives of the United States of America in ton administration. In addition, the ered. In the guise of easing one burden Congress assembled, Medicare Part B premium increase for on seniors, the administration has SECTION 1. SHORT TITLE. added yet another. This Act may be cited as the ‘‘Social Secu- 2005 is projected to be $114, the largest rity COLA Protection Act of 2004’’. I wish the White House and the Re- ever. SEC. 2. PROTECTION OF SOCIAL SECURITY COLA For seniors on a fixed income, every publican leadership in Congress had lis- INCREASES AGAINST EXCESSIVE dollar counts. The hold harmless pro- tened more closely to some of the MEDICARE PREMIUM INCREASES. tection is the only thing standing in voices of seniors during the debate last (a) APPLICATION TO PART B PREMIUMS.— the way of lower and lower Social Se- Fall. One man from Nashville, Ten- Section 1839(f) of the Social Security Act (42 curity checks. nessee looked at the details of this bill U.S.C. 1395r(f)) is amended— But the Republican leadership chose (1) by striking ‘‘(f) For any calendar year and asked, ‘‘Do you think anybody in after 1988’’ and inserting ‘‘(f)(1) For any cal- not to protect seniors in this drug bill, Washington has any idea what people endar year after 1988 and before 2005’’; and despite the fact that the cost of phar- on a limited income have to do to (2) by adding at the end the following new maceuticals is increasing even faster live?’’ paragraph: than the cost of health care overall. If the authors of the prescription ‘‘(2) For any calendar year (beginning with Medicare Part D premiums are ex- drug bill truly understood what seniors 2005), if an individual is entitled to monthly pected to rise 7.5 percent per year. The on fixed incomes must go through, benefits under section 202 or 223 or to a they never would have passed it. monthly annuity under section 3(a), 4(a), or result will be a steady erosion of Social 4(f) of the Railroad Retirement Act of 1974 Security checks, and real damage to Democrats are fighting to make for November and December of the preceding seniors’ ability to pay their bills and things right again. We do understand year, if the monthly premium of the indi- keep up with inflation. the struggles of America’s seniors and vidual under this section for December of the According to a new report by the the burden drug costs put on their fi- preceding year and for January of the year Joint Economic Committee, one in nances. Seniors were promised a real involved is deducted from those benefits four seniors will lose a quarter of their prescription drug benefit for Medicare. under section 1840(a)(1) or section 1840(b)(1), COLA just on Medicare premium in- The Republicans’ prescription drug bill and if the amount of the individual’s pre- mium is not adjusted for January of the year creases by 2007. In 2014, nearly two in has proven to be tragically inadequate. involved under subsection (i), the monthly three seniors will see the same level of The COLA protection bill we are intro- premium otherwise determined under this loss. And those most vulnerable will be ducing today represents an important section for the individual for that year shall the ones most severely harmed. For an step in repairing the damage, and not be increased pursuant to subsection elderly woman with a monthly benefit Democrats will keep fighting until sen- (a)(3) to an amount that exceeds 25 percent of $500, the increase in Medicare pre- iors get the help they were promised of the amount of the increase in such month- miums will take an average of 60 per- and the benefit they deserve. ly benefits for that individual attributable to I want to thank the Joint Economic section 215(i).’’. cent of her COLA from 2007 to 2010, and (b) APPLICATION TO PART D PREMIUMS.— an average of 66 percent from 2011 to Committee Democrats for their efforts (1) IN GENERAL.—Section 1860D–13(a)(1) of 2014. to identify and highlight this problem. such Act (42 U.S.C. 1395ww-113(a)(1)) is Let’s not mince words. This is the Senator JACK REED is the senior Demo- amended— worst kind of bait and switch. We can- cratic Senator on the Committee, and (A) in subparagraph (F), by striking ‘‘(D) not stand by and allow seniors to be the lead cosponsor of the COLA protec- and (E),’’ and inserting ‘‘(D), (E), and (F),’’; cheated out of their cost of living in- tion bill. Senator PATTY MURRAY (B) by redesignating subparagraph (F) as creases in exchange for a confusing joined us in highlighting the problem subparagraph (G); and (C) by inserting after subparagraph (E) the drug benefit that fails to bring down yesterday. She is also a cosponsor, following new subparagraph: the cost of drugs. along with five other Senate Demo- ‘‘(F) PROTECTION OF SOCIAL SECURITY COLA Today, I am introducing the Social crats. INCREASE.—For any calendar year, if an indi- Security COLA Protection Act of 2004 This is truly a bicameral effort. My vidual is entitled to monthly benefits under to make sure that senior citizens con- South Dakota colleague, STEPHANIE section 202 or 223 or to a monthly annuity tinue to receive a COLA that helps HERSETH, is sponsoring the House bill. under section 3(a), 4(a), or 4(f) of the Rail- them keep pace with inflation. This This is the first bill she is introducing road Retirement Act of 1974 for November bill would restore seniors’ protections in Congress, and I am proud that she is and December of the preceding year and was and ensure that no more than 25 per- helping lead this fight for seniors in enrolled under a PDP plan or MA–PD plan for such months, the base beneficiary pre- cent of their annual COLAs could be South Dakota and across the country. mium otherwise applied under this para- taken away by increases in Medicare Many other House Democrats are join- graph for the individual for months in that premiums. The remaining 75 percent ing her in this effort. year shall be decreased by the amount (if would be secure. For a senior citizen Senator REED will be inserting the any) by which the sum of the amounts de- receiving a $600 monthly benefit, this JEC report into the RECORD. I encour- scribed in the following clauses (i) and (ii) bill would protect more than $2,200 age my colleagues to read it. I ask exceeds 25 percent of the amount of the in- over the next 10 years. That’s money unanimous consent to print in the crease in such monthly benefits for that in- dividual attributable to section 215(i): seniors will need to cover increases in RECORD a fact sheet on the bill that ‘‘(i) PART D PREMIUM INCREASE FACTOR.— was prepared by Representative clothing, food, housing and energy ‘‘(I) IN GENERAL.—Except as provided in prices. PELOSI’s office, as well as a document this clause, the amount of the increase (if We’re not talking about adding an prepared by the House Ways and Means any) in the adjusted national average month- extra benefit to Social Security. We’re Committee staff that provides several ly bid amount (as determined under subpara- talking about protecting seniors’ exist- illustrative examples of how the bill graph (B)(iii)) for a month in the year over ing benefit from a drug plan that ap- would work, how much retirees would such amount for a month in the preceding pears now to be little more than a wolf save if it becomes law, and what per- year. in sheep’s clothing. centage of Medicare enrollees will ben- ‘‘(II) NO APPLICATION TO FULL PREMIUM SUB- This wasn’t the prescription drug bill SIDY INDIVIDUALS.—In the case of an indi- efit. I also ask unanimous consent that vidual enrolled for a premium subsidy under seniors were promised. Upon the pas- the text of the bill be printed in the section 1860D–14(a)(1), zero. sage of this bill, President Bush said, RECORD. ‘‘(III) SPECIAL RULE FOR PARTIAL PREMIUM ‘‘Some older Americans spend much of We will continue our effort to protect SUBSIDY INDIVIDUALS.—In the case of an indi- their Social Security checks just on America’s seniors and address the prob- vidual enrolled for a premium subsidy under

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00124 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8741 section 1860D–14(a)(2), a percent of the in- Medicare, and rely on the annual Social Se- increases in other goods and services, such as crease described in subclause (I) equal to 100 curity cost of living increases (COLAs) that food, clothing, housing and energy costs. In percent minus the percent applied based on help them keep up with the rising cost of 2007, the legislation would help over 14 mil- the linear scale under such section. groceries, food and housing. Yet medical in- lion Social Security recipients. By 2014, it ‘‘(ii) PART B PREMIUM INCREASE FACTOR.—If flation is rising rapidly, and Medicare pre- will help more than two-thirds of seniors and the individual is enrolled for such months mium increases will soon consume the entire people with disabilities, approximately 23 under part B— Social Security COLA. If nothing is done, es- million Americans. ‘‘(I) IN GENERAL.—Except as provided in calating drug prices will lead to real cuts in subclause (II), the amount of the annual in- the Social Security benefit as a result of new HOW THE COLA PROTECTION BILL WORKS crease in premium effective for such year re- Part D premium increases in 2007 and be- Example 1. Widow with $500 in monthly So- sulting from the application of section yond. Today, Democrats are unveiling a bill cial Security benefits in 2004 1839(a)(3), as reduced (if any) under section to limit how much rising Medicare premiums Her annual Social Security benefit is 1839(f)(2). can impact seniors’ COLAs. $6,000, and the COLA will increase her in- ‘‘(II) NO APPLICATION TO INDIVIDUALS PAR- Social Security COLAs are vital to seniors come by $162 in 2005 (a 2.7 percent increase). TICIPATING IN MEDICARE SAVINGS PROGRAM.— and the disabled. Millions of Americans rely However, Medicare Part B premiums are In the case of an individual who is enrolled on their Social Security check each month projected to rise by at least $114 that year. for medical assistance under title XIX for to make ends meet. Each fall, millions of re- Without the bill’s protection, a premium in- medicare cost-sharing described in section tirees wait anxiously to learn what the So- crease of $114 will eat up 70 percent of her 1905(p)(3)(A)(ii), zero.’’. cial Security COLA will be for the coming COLA. (2) APPLICATION UNDER MEDICARE ADVAN- year—because each dollar is needed to bal- With the bill’s protection, only 25 percent TAGE PROGRAM.—Section 1854(b)(2)(B) of such ance their budget. of her COLA will be absorbed by Medicare Republican Medicare bill will dramatically Act (42 U.S.C. 1395w-24(b)(2)(B)), as in effect premium increases, leaving 75 percent ($122 reduce Social Security COLAs. Under the as of January 1, 2006, relating to MA month- per year) to cover other increases in her cost GOP Rx drug law, some seniors will have an ly prescription drug beneficiary premium, is of living. The bill preserves an additional $74 additional Medicare premium (‘‘Part D’’) de- amended by inserting after ‘‘as adjusted of COLA to be used for other expenses. ducted from their Social Security check. under section 1860D–13(a)(1)(B)’’ the fol- By 2009, the bill will save $197 of her COLA. With both the new Medicare Part D premium lowing: ‘‘and section 1860D–13(a)(1)(F)’’. In 2014, $545 of her COLA will be protected. (for prescription drugs) and the existing Part (3) PAYMENT FROM MEDICARE PRESCRIPTION Over 10 years, the projected total savings for B premiums (for physician and other out- DRUG ACCOUNT.—Section 1860D–16(b) of such this beneficiary will reach $2,615. patient care) deducted from a retiree’s So- Act (42 U.S.C. 1395w-116(b)) is amended— Example 2. Retired couple with $1,100 in cial Security check, Social Security COLAs (A) in paragraph (1)— combined monthly Social Security benefits (i) by striking ‘‘and’’ at the end of subpara- will be significantly eroded. According to a in 2004. new report by the Democratic staff of the graph (C); Their annual benefits are $13,200: $8,400 for (ii) by striking the period at the end of Joint Economic Committee, when the new the husband and $4,800 for the wife. A 2.7 per- subparagraph (D) and inserting ‘‘; and’’; and drug benefit is in place in 2007 almost one- cent COLA would increase their income by (iii) by adding at the end the following new quarter of Social Security beneficiaries will $356 in 2005. subparagraph: spend over 25 percent of their COLA just on However, the Medicare Part B premiums ‘‘(E) payment under paragraph (5) of pre- increases in Medicare premiums—and the paid by this couple are projected to rise by mium reductions effected under section number will increase to 64 percent (22 mil- at least $228 in 2005. Without the bill’s pro- 1860D–13(a)(1)(F).’’; and lion seniors and people with disabilities) in tection, a premium increase of $228 will eat (B) by adding at the end the following new 2014. For an elderly woman with a monthly up 64 percent of their combined COLA. paragraph: benefit of $500, the increase in Medicare pre- With the bill’s protection, only 25 percent ‘‘(5) PAYMENT FOR COLA PROTECTION PRE- miums will absorb almost 60 percent of the of their COLAs will be absorbed by Medicare MIUM REDUCTIONS.— COLA from 2007–2010, and 69 percent from premium increases, leaving 75 percent ($267 ‘‘(A) IN GENERAL.—In addition to payments 2011–2014. per year) to cover other increases in their provided under section 1860D–15 to a PDP Making a bad problem worse. The goal of cost of living. The bill preserves an addi- sponsor or an MA organization, in the case of the Social Security COLA is to maintain the tional $139 of COLA to be used for other ex- each part D eligible individual who is en- purchasing power of the benefit check in the penses. rolled in a prescription drug plan offered by face of rising prices. But that objective is un- By 2009, the bill will protect $358 of their such sponsor or an MA–PD plan offered by dermined if Medicare premiums, which are COLA. In 2014, $1,016 of their COLA will be such organization and who has a premium typically deducted from Social Security protected. Over 10 years, the projected total reduced under section 1860D–13(a)(1)(F), the checks, increase rapidly. Medical inflation savings for this couple will reach $4,829. Secretary shall provide for payment to such and increased utilization of outpatient serv- How much would others save? sponsor or organization of an amount equiv- ices is already increasing Part B premiums, alent to the amount of such premium reduc- but current law ensures at least that total Savings Average an- tion. Social Security benefits do not go down. By Annual benefit amount over 10 nual sav- ‘‘(B) APPLICATION OF PROVISIONS.—The pro- refusing to extend this same protection to years ings1 visions of subsections (d) and (f) of section the new Part D premiums, and refusing to $7,200 ($600 per month) ...... $2,213 $221 1860D–15 (relating to payment methods and control drug prices, Republicans have made a $9,000 ($750 per month) ...... 1,611 161 disclosure of information) shall apply to pay- difficult situation even worse. While the So- $9,600 ($800 per month) ...... 1,410 140 ment under subparagraph (A) in the same cial Security COLA only increases at the 1 The particular amount in each year could differ from this average be- manner as they apply to payments under rate of inflation, the premiums beneficiaries cause each year, the amount of protection provided by the bill would depend such section.’’. face under Part D will increase by the rate of on the interaction between the Medicare premium increase and that individ- ual’s COLA increase. If the premium increase is large while the COLA is (c) DISREGARD OF PREMIUM REDUCTIONS IN increase in drug prices. According to CBO small, savings would be larger. If the premium increase is modest while the DETERMINING DEDICATED REVENUES UNDER projections, Part D premiums will increase COLA is large, then savings would be smaller. MMA COST CONTAINMENT.—Section by an average of 7.5 percent a year from 2006 801(c)(3)(D) of the Medicare Prescription What fraction of those who pay Medicare to 2014—a far greater rate of increase than premiums would benefit from the bill? Drug, Improvement, and Modernization Act that expected for Part B or the Social Secu- of 2003 (Public Law 108–173) is amended by 2005: 90 percent (This is a year when many rity COLA. beneficiaries will need protection to prevent adding at the end the following: ‘‘Such pre- Current protection needs improvement. their COLA from being swallowed by Medi- miums shall also be determined without re- The 2004 Medicare Trustees Report projects care premium increases, because the pre- gard to any reductions effected under section that monthly Part B premiums will rise by a mium increase is projected to be the largest 1839(f)(2) or 1860D–13(a)(1)(F) of such title.’’. record $11.50 for 2005—a one-year increase of ever); 2007: 47 percent; 2009: 64 percent; 2011: (d) EFFECTIVE DATES.— more than 17 percent. Given the increased 68 percent; 2014: 67 percent. (1) PART B PREMIUM.—The amendments pressures to increase physician payments Ways and Means Democratic Staff made by subsection (a) apply to premiums and the trend of shifting more services to July 20, 2004, 10 a.m. for months beginning with January 2005. outpatient settings, which increase Part B (2) PART D PREMIUM.—The amendments premiums—and the new costs of Part D—it is JOINT ECONOMIC COMMITTEE DEMOCRATS made by subsection (b) apply to premiums important to act now to protect a portion of Representative Pete Stark (D–CA)—Senior for months beginning with January 2007. the COLA for seniors’ basic needs. Democrat (3) MMA PROVISION.—The amendment made Democrats’ bill will protect Social Secu- RISING MEDICARE PREMIUMS UNDERMINE THE by subsection (c) shall take effect on the rity. Democrats’ ‘‘Social Security COLA SOCIAL SECURITY COLA date of the enactment of this Act. Protection Act of 2004’’ would ensure that no NEW MEDICARE LAW COULD CUT BENEFITS FOR DEMOCRATS FIGHT TO PROTECT SOCIAL SECU- more than 25 percent of a beneficiary’s an- SOME RITY COLA: REPORT SHOWS GOP RX DRUG nual COLA could be taken away by increases LAW WOULD LEAD TO SOCIAL SECURITY CUTS in Medicare premiums. Doing so would guar- (Economic Policy Brief—July 2004) Approximately 30 million middle income antee that seniors and the disabled retain at Unlike most private pensions and other seniors are enrolled in Social Security and least 75 percent of the COLA to cover price forms of retirement annuity income, Social

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00125 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8742 CONGRESSIONAL RECORD — SENATE July 22, 2004 Security, benefits include an annual cost-of- TABLE 1.—IMPACT OF MEDICARE PREMIUM INCREASES TABLE 2.—AVERAGE IMPACT OF MEDICARE PREMIUM IN- living adjustment (COLA) that is designed to ON SOCIAL SECURITY COLAS, 2004 CREASES ON SOCIAL SECURITY COLAS, 2007–2010 prevent an erosion of benefits due to infla- AND 2011–2014—Continued tion. Unfortunately, rising health care costs Fraction of and last year’s Medicare law threaten this COLA after de- COLA ab- Monthly Social Security 2004 Social ducting in- sorbed by Average fraction of COLA ab- valuable cost-of-living protection. benefit in 2004 Security crease in medi- Medicare sorbed by Medicare Part B and (dollars) COLA care premiums premium in- Monthly Social Security benefit Part D premium increases BACKGROUND (dollars) (dollars) creases (2004 dollars) (percent) (percent) In 1975 Congress replaced ad hoc increases 2007–2010 2011–2014 in Social Security benefits with an auto- 384 ...... 7.90 0 .00 100 500 ...... 10.28 2.38 77 1,000 ...... 24 34 matic COLA based on the previous year’s 750 ...... 15.43 7.53 51 1,500 ...... 16 23 change in the consumer price index (CPI). 1,000 ...... 20.57 12 .67 38 Source: JEC Democratic staff, based on Congressional Budget Office pro- The CPI is an index of prices paid by the typ- 1,250 ...... 25.71 17 .81 31 1,500 ...... 30.85 22 .95 26 jections. ical consumer for a representative bundle of goods and services. The goal of the COLA is Source: JEC Democratic staff, based on Congresssional Budget Office pro- Although the rising cost of Medicare Part to ensure that Social Security benefits keep jections. B and Part D premiums can absorb a very pace with increases in the price of food, Individuals with 2004 monthly Social Secu- large fraction of the annual Social Security clothing, and other necessities—including rity benefits of less than $384 received a COLA for those with modest benefit checks, medical care—so that seniors and other COLA in 2004 that was less than the increase the problem is not confined to them. CBO es- beneficiaries can maintain a stable quality- in Medicare premiums. Because of the ‘‘hold timates that in 2007, the first year that in- of-life. harmless’’ provision, their premium increase creases in Part D premiums will have an im- pact, 6.9 million people, or nearly 25 percent Participants in Medicare Part B, which was limited to the amount of their COLA. Still, for these individuals (an estimated 1.4 of those who have Medicare premiums with- covers doctors’ services, pay a monthly pre- million people), their entire Social Security held from their Social Security benefit will mium that is deducted from their Social Se- COLA was wiped out, leaving them nothing see at least one-quarter of their COLA ab- curity check. So too will most participants to pay for increases in all other goods and sorbed by increases in combined Part B and in Medicare Part D, the new prescription services they consume. Part D premiums. By 2014, 64 percent of drug program. The size of the premiums is Individuals with a monthly benefit of $1,000 beneficiaries, or 22.2 million people, will lose based on projected costs for those respective (roughly the average benefit of retired men) at least 25 percent of their COLA to in- programs. During periods of rapidly rising had to devote nearly 40 percent of their creases in their Medicare premium. health care costs, increases in Medicare pre- COLA to the increase in their Medicare pre- CONCLUSION miums can represent a significant fraction of mium. Those with a monthly benefit of $750 For Social Security beneficiaries, the an- the overall Social Security COLA for many (roughly the average benefit of retired nual COLA is an important protection Social Security beneficiaries. With the latest women) needed half their COLA to cover the against rising prices eroding the real pur- Medicare changes, some may even see their increase in Medicare premiums. And those benefits cut as their premium increases out- with a monthly benefit of $500 (roughly the chasing power of their benefit. In the past pace their COLAs. average benefit of wives of retired workers) three years, however, rapidly rising health needed more than three-quarters of their care costs have undermined this protection Current law puts a limit on the extent to by driving up Medicare Part B premiums, which growth in Medicare Part B premiums COLA to pay for the increase in their Medi- care premium. which are automatically deducted from par- can erode the purchasing power of an indi- ticipants’ monthly Social Security THE IMPACT OF PART D PRESCRIPTION DRUG vidual’s Social Security benefit. The ‘‘hold check.For many participants, the increase in PREMIUMS harmless’’ provision guarantees that the in- Medicare premiums has absorbed a large crease in a person’s Part B premium will not Current forecasts indicate that the Medi- fraction of their annual COLA, leaving little be larger than that person’s COLA. This en- care Part B premium increase in 2005 will be to deal with the rising costs of all the other 1 sures that the dollar amount of the benefit the largest dollar amount ever. As a result, goods and services the COLA is meant to seniors can expect another year like 2004, received after deducting the Part B premium cover. That problem will be aggravated when when increases in Medicare premiums will will never be reduced, but it does not guar- the new premiums for Part D prescription absorb a large percentage of their COLA. antee that the purchasing power of that ben- drug coverage take effect, unless policy- CBO’s current projections call for the rate of efit will not fall. In fact, the entire COLA makers take action to address this gutting increase in Medicare premiums to abate could be consumed. The latest Medicare leg- of Social Security COLA protection. islation does not apply even this ‘‘hold harm- after 2005, but those projections do not re- less’’ protection to the Part D prescription flect possible legislative changes that would ENDNOTE drug premium. Thus, seniors are exposed to increase physician payments, resulting in 1. If past practice is followed, the Social the possibility that large increases in med- higher premiums. Furthermore, beginning in Security COLA percentage increase and the ical costs, especially unchecked prescription 2006, seniors participating in the Part D pre- increase for Medicare premiums will be an- drug costs, could eat up a large piece of their scription drug program will have an addi- nounced in mid-October. Me calculations Social Security COLA and even cut their So- tional Medicare premium for that program used in this paper assume an increase in the cial Security benefit. deducted from their Social Security check. 2005 monthly Part B premium of $9.50. That Using CBO’s projections of the Social Secu- is higher than the current CBO baseline esti- RECENT EXPERIENCE WITH COLAS AND rity COLA and Medicare premium costs, the mate of $8.70, but the JEC Democratic staff MEDICARE PART B PREMIUM INCREASES Joint Economic Committee Democratic staff believes that CBO’s estimate will increase has estimated the portion of the COLA that During the past three years, rapidly rising when it updates its baseline in August. The will be absorbed by increases in Medicare Medicare actuaries are currently predicting health expenditures have been accompanied premiums incoming years. For a person with by large increases in Medicare premiums. an even higher increase of $11.50 in the a monthly benefit of $500 (in 2004 dollars), monthly premium. Based on current projections, the cumulative the annual increase in combined Part B and increase in the monthly Part B Medicare Part D premiums will absorb almost three- Mr. REED. Mr. President, I rise to premium during the four years of the Bush fifths of the annual COLA, on average, dur- join with the distinguished Democratic Administration will be at least $26, nearly ing the 2007–2010 period. Medicare premiums Leader and Senator MURRAY in intro- twice as much as the total increase of $13.40 will absorb over two-thirds of the COLA in ducing the ‘‘Social Security COLA Pro- over the entire eight years of the Clinton Ad- the 2011–2014 period. Increases in Medicare tection Act of 2004.’’ I would also ask ministration. At the same time that Medi- premiums will absorb a lesser but still sig- care premiums have been rising rapidly, in- nificant fraction of the COLA for individuals unanimous consent to submit for the flation has been very low. As a result, Social with larger monthly benefits (Table 2). Be- RECORD the report by the Joint Eco- Security COLAs have been relatively mod- cause there is no ‘‘hold harmless’’ protec- nomic Committee Democratic staff en- est, and many beneficiaries have seen a sub- tion, up to 2 percent of beneficiaries could titled, ‘‘Rising Medicare Premiums Un- stantial portion of their COLA consumed by experience benefit cuts. dermine the Social Security COLA.’’ the increases in Medicare premiums. The PRESIDING OFFICER. Without In 2004, for example, Social Security bene- TABLE 2.—AVERAGE IMPACT OF MEDICARE PREMIUM IN- objection, it is so ordered. ficiaries received a COLA of 2.1 percent ($2.10 CREASES ON SOCIAL SECURITY COLAS, 2007–2010 Mr. REED. Thank you. Mr. Presi- for each $100 of monthly benefit). At the AND 2011–2014 dent, Social Security is the bedrock of same time, the monthly premium for Medi- this country’s social safety net and our care Part B increased from $58.70 to $66.60, an Average fraction of COLA ab- sorbed by Medicare Part B and most effective antipoverty program for increase of $7.90 or 13.5 percent. Table 1 Monthly Social Security benefit Part D premium increases shows what part of the COLA was consumed (2004 dollars) (percent) seniors and the disabled. A valuable feature of Social Security is the annual by the increase in the Part B premium for 2007–2010 2011–2014 individuals receiving different levels of cost of living adjustment, or COLA, monthly benefit. 500 ...... 59 69 which was enacted to ensure that the

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00126 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8743 real purchasing power of beneficiaries’ issued the first universal credit card Why is this happening? Why are mil- checks would be preserved, and not that allowed its holders to use credit at lions of Americans drowning in credit eaten away by inflation. I would also certain very select restaurants in New card debt? There are some who would point out that such COLA protection is York City. Today, the credit card has describe the numbers I just quoted as a missing from most private pensions. become an indispensable part of how matter of personal responsibility, that Sadly, what the JEC Democrats’ re- we do business in the United States, some Americans are spending way be- port has revealed is that large in- and across the globe, for that matter. yond their means and ultimately are creases in health care costs and the For many Americans, the main ap- paying the price. poor design of the new Medicare pre- peal of the credit card is convenience I do believe personal responsibility is scription drug plan have created a situ- and flexibility. They allow us to go out extremely important, but many of the ation in which rising Medicare pre- and eat, go to a shopping mall, to the victims of credit card debt today are miums are undermining the Social Se- movies, and stop off at the grocery not in that state because they bought a curity COLA. The problem is already store on the way home, without folding home entertainment system, an expen- serious, and we have not even begun to a single bill or fumbling for loose sive vacation, or a plasma TV set. experience the impact of the prescrip- change in their pockets. Credit cards Take Roberto Towler. Roberto was a tion drug premium of the new Medicare allow people to shop for products on professional accountant who was very Part D program that will take effect in the Internet in a matter of seconds. careful to always pay his bills on time. 2006. But for more and more Americans, In early 2000 he was forced to take 2 The study shows, for example, that in credit cards serve a very different pur- months off from work because of a the years 2011–2014, a person with a pose. As the name implies, these cards back injury. The lost salary meant he monthly Social Security benefit of $500 provide access to credit. We are living had much less cash on hand than be- (in today’s dollars) would see 69 per- in a time when real wages are failing to fore. He had no alternative but to use cent of her COLA consumed by in- keep up with price increases, when his credit card for toiletries, clothes creases in Medicare Part B and Part D health care costs and college tuition for his children, and groceries. He even- premiums. That leaves far too little of are on the rise. Millions of Americans tually was able to return to work and the COLA to cover increases in prices are having difficulty making ends scale back the use of his credit card, of other necessities such as food, en- meet. For Americans who are strapped but he found himself barely able to pay ergy, and other medical expenses. Even for cash, credit cards are much more back his debt. Eventually Roberto was people with larger monthly benefits than a convenience. They have become forced to file bankruptcy with $22,000 of would see their COLAs substantially the only way they can afford basic ne- credit card debt. eroded by the increases in Medicare cessities, such as food, gas, clothing, Many Americans have stories just premiums. and medical care. like Mr. Towler. They work hard, they Finally, the study shows that by 2014, These Americans are not paying by play by the rules, but after a few twists if there is no legislation to address this credit card because they want to; they of fate suddenly find themselves in a problem, 64 percent of beneficiaries are doing so because they have no tremendous debt. For those caught in who have their Medicare premiums de- other choice. It is this function of cred- the quicksand of debt, a credit card ap- ducted from their Social Security it cards that make them so appealing pears to be a lifeline. But, in reality, it checks will lose at least 25 percent of to American consumers, but I must only pulls them in deeper and deeper. their Social Security COLA to in- also say it is this function that pre- We often speak of the ill and infirm creases in those premiums. sents the greatest danger to them as as living on borrowed time. These peo- The JEC Democratic staff study well. ple are living on borrowed money. makes a compelling case that we have Today, the level of credit card debt in In the middle of all this are credit a serious problem on our hands. That is the United States is at record heights. card companies. If we demand responsi- why I am happy to cosponsor ‘‘The So- Total consumer debt in America is over bility from individuals, and we should, cial Security COLA Protection Act of $2 trillion. Out of that, $735 billion is and we do demand it, then we also 2004.’’ This legislation will preserve the credit card debt. The average American ought to demand it from corporations essential safety net Social Security household has over $9,000 worth of cred- as well. Responsibility is not limited to provides seniors, by making sure that it card debt. Let me repeat that. The those who are consumers alone. at least 75 percent of their Social Secu- average family living in the United The reason I am here today is be- rity COLA is protected from increases States has over $9,000 of credit card cause a good deal of the blame for the in Medicare premiums and available to debt. In comparison, the average fam- crisis in credit card debt we are seeing offset increasing cost of other goods ily household income is just above in America lies in the practices of cred- and services seniors need in order to $40,000. it card companies. maintain an adequate quality-of-life. Due in large part to credit card debt, I am not someone who takes regu- more Americans are filing for bank- latory reform lightly. I am not a be- By Mr. DODD: ruptcy. Last year, over 1.6 million fam- liever in regulation that stifles innova- S. 2755. A bill to amend the Consumer ilies declared they were bankrupt. For tion or efficiency. But at the same Credit Protection Act to ban abusive every one family that actually does file time, when we see practices that are credit practices, enhance consumer dis- for bankruptcy, there are seven more truly hurting working families around closures, protect underage consumers, whose debt suggests that they, in fact, the country, I believe we have an obli- and for other purposes; to the Com- should do the same. gation to act. Just what kind of prac- mittee on Banking, Housing, and Credit card debt does not affect all tices are we talking about? Let me Urban Affairs. Americans equally. It is a growing bur- spell it out. Mr. DODD. Mr. President, it is often den that is disproportionately being Let’s start with interest rates. I am said that small things can make a very borne by middle-income, low-income, not naive about this. I certainly do not large difference in our society. That and working-poor families. According expect credit card companies to be ter- saying certainly fits the subject I have to a recent report, during the 1990s, on ribly benevolent when it comes to in- come to speak briefly about this after- average, the American family saw its terest rates. But what I expect, and noon. That little thing in question that credit card debt go up by 53 percent. what all Americans deserve, is honesty I am talking about is 31⁄8 inches wide, The debt of middle-class families, those and fairness. 21⁄8 inches long, and no thicker than earning between $50,000 and $100,000 a We have all seen print ads and com- one’s fingernail. But it has a monu- year, went up 75 percent. For the older mercials that advertise fantastically mental impact on how millions of Americans, senior citizens, their aver- low interest rates, sometimes as low as Americans live their lives each and age credit card debt went up 149 per- zero percent. But what these commer- every day. The object to which I am re- cent. Finally, for very low-income fam- cials don’t tell you is that these teaser ferring, of course, is the credit card. ilies, those making less than $10,000 a rates, as they are called, often expire We have come a long way from the year, credit card debt grew by a shock- and rise considerably only after a few day in 1950 when the Diner’s Club ing 184 percent. months.

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00127 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8744 CONGRESSIONAL RECORD — SENATE July 22, 2004 If you slip up even once by failing to worst. Unbelievably, these customers ‘‘I don’t understand,’’ she recalls telling an make a minimum monthly payment, who do pay on time are known within MBNA customer-service representative on your interest rate may go up even fast- the credit card industry as ‘‘dead- the phone, complaining that she hadn’t been er. Just one mistake can be enough to beats.’’ late with a single payment. The representa- Let me repeat that. Those who pay tive agreed but pointed out that she had run drive an interest rate up by nearly 30 up more than $5,000 of debt on two other percentage points. Of course that infor- their credit card bills on time are cards. Also, she was making only slightly mation is usually hidden in the fine known within the industry as ‘‘dead- more than the minimum suggested monthly print of a lengthy disclosure state- beats.’’ Why is this? Because when peo- payments on her MBNA card. He said the ment. ple fail to pay their bills on time, that company now saw her as a credit risk and Most Americans would assume that means more profits for the credit card feared it would take her forever to pay off their interest rates will stay low as industry, in the form of more interest her debts. ‘‘Isn’t that what you want con- charges and penalty fees. sumers to do?’’ she snapped back. long as they make their minimum That’s a question more financially monthly payments. Not so. Today, How much more of a profit? Let’s say strapped bank customers are asking these credit card companies don’t just look you are the average American, with days. For consumers who pay off their cred- at the bill that you pay them, they $9,000 in credit card debt, which is the it-card balances each month, shop aggres- look at your entire financial picture in case today. Let’s say you stopped accu- sively for interest rates as low as 0%, and deciding how high your interest rate mulating any more debt and decided take advantage of generous credit-card re- ought to be, how high a rate they you would pay it off by making the wards programs, consumer credit has never ought to charge you. minimum monthly payment of 2 per- been cheaper. But for others like Ms. Reid, I learned of a doctor in Illinois who cent. Let’s say further that your inter- who went into debt so she could move to a better job in Florida from South Carolina, had always paid his credit card bills on est rate is 15 percent—which is just the trend is in the other direction. time and stayed within his credit card about the average today, I might add. Card users, consumer advocates and some limits. Then one day he took a look at How long would it take you to pay off industry experts complain that banks are at- his bill and discovered that the interest that debt? Five years? Ten years? tempting to squeeze more and more revenue rate on his credit card had jumped Twenty years? It would take 39 years from consumers struggling to make ends from 6 percent to nearly 17 percent. He to pay off your debt. Over the course of meet. Instead of cutting these people off as asked the credit card issuer, why? The those 39 years, you would pay $14,000 in bad credit risks, banks are letting them interest payments alone, in addition to spend—and then hitting them with larger company said that he was now a higher and larger penalties for running up their risk. the $9,000 you owe. This is all assum- credit, going over their credit limits, paying What was the reason? ing, of course, that your interest rate late and getting cash advances from their He had taken out a mortgage on his wouldn’t rise over those years and that credit cards. The fees are also piling up for new home. you wouldn’t be hit with unexpected bounced checks and overdrawn accounts. This is incredible to me. There are fees. ‘‘People think they are being swindled,’’ few things more rewarding to a family Credit card companies know this. says industry consultant Duncan Mac- than buying their first home. We cele- They know their greatest chance of fi- Donald, formerly a lawyer for the credit-card nancial profit lies in those customers division of Citigroup Inc. Penalty fees aren’t brate home ownership here in America. new, but they are becoming more important Apparently for credit card companies who have the least chance of paying to the industry’s bottom line and are being it’s a reason to celebrate as well, be- their bills on time. That is why they borne by the people who can least afford to cause it’s an excuse to charge higher continue to solicit these customers and pay them, he contends. interest rates. that is why those who do pay on time Cardweb.com, a consulting group that Interest rates, of course, are not the are known within the industry as the tracks the card industry, says credit-card only way credit card companies make deadbeats. fees, including those from retailers, rose to money. In recent years, more and more Last year, credit card companies 33.4% of total credit-card revenue in 2003. mailed out 5 billion solicitations to That was up from 27.9% in 2000 and just 16.1% companies have found another way to in 1996. The average monthly late fee hit increase their bottom lines, by assess- about 200 million individuals in the $32.01 in May, up from $30.29 a year earlier ing exorbitant fees for the most minor United States. The average person re- and $13.30 in May 1996, the company said. In of offenses. Miss a payment by a single ceived about one offer every other 2003, the credit-card industry reaped $11.7 bil- day and you may be charged $30 or week. The average household received lion from penalty fees, up 9% from $10.7 bil- even $40 for that mistake. Gone are the more than one per week. I guarantee lion a year earlier, according to Robert Ham- grace periods that gave consumers that a great many of these people do mer, an industry consultant. not have sparkling credit ratings, yet ‘‘As competitive pressure builds on the some reasonable leeway. front-end pricing, it has pushed a lot of the Over the past 2 years, the amount of these companies continue to send out profit streams to the back end of the card— money generated by credit card fees offer after offer, hoping that yet an- to these fees,’’ says Robert McKinley, chief has simply skyrocketed. In fact, the other customer will take the bait. executive of CardWeb.com. Over the past two term ‘‘skyrocketed’’ may be something Mr. President, I ask unanimous con- years, he said, ‘‘it’s become much more ag- of an understatement. In 1996, the fees sent to have printed in the RECORD an gressive.’’ At industry conferences, he notes, raised $1.7 billion for credit card com- article from the July 6, 2004 edition of talk often turns to ‘‘what the market will panies. That’s 1996. Last year the credit the Wall Street Journal entitled bear.’’ ‘‘Growing Profit Source for Banks: Banks say that penalties and fees are a card companies raised $11 billion in necessary component of new models for pric- fees alone, only 8 years later. Fees from Riskiest Card Holders.’’ ing financial services. Gone are the days You might think that if credit card This goes into the topic in greater when banks collected hefty annual fees on companies know that someone is a risk detail. all credit cards and charged fat interest they would take some action to limit There being no objection, the mate- rates to all customers. Now, the banks say, that person’s spending, such as low- rial was ordered to be printed in the they must rely on risk-based pricing models ering their credit line. Or perhaps they RECORD, as follows: under which customers with the shakiest fi- might not issue a card to that person [From the Wall Street Journal Online, July nances pay higher rates and more fees. ‘‘We look at teaser rates as an area that we 6, 2004] in the first place. have to be competitive in,’’ said Richard But there is a little secret the credit GROWING PROFIT SOURCE FOR BANKS: FEES Srednicki, a top credit-card executive at J.P. card companies don’t want Americans FROM RISKIEST CARD HOLDERS Morgan Chase & Co., during a conference call to know. They are actively soliciting (By Mitchell Pacelle) with investors last fall. He said the bank and signing up customers who are tre- When Jennifer Reid opened her credit-card tries to ‘‘mix and match how we compete’’ mendous credit risks. They are solic- statement in April, she discovered how ex- on interest rates and fees ‘‘in order to make iting these people not in spite of the pensive it was to make full use of her credit. the kinds of returns that we’re looking for.’’ The 42-year-old X-ray technologist had run An MBNA spokesman declined to comment risk, but because of it. through $10,000 of her $12,000 credit line on an on Ms. Reid’s experience but noted that one Contrary to what one might think, MBNA Corp. card. In April, her annual inter- of the most important considerations in set- customers who cannot afford to pay est rate abruptly jumped to 24.98%, up from ting a credit card’s interest rate is ‘‘how a their bills on time are the credit card 19.98% the prior month and far above the ini- customer manages his account.’’ If a cus- companies’ best customers—not their tial single-digit rate. tomer’s financial circumstances change for

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00128 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8745 the worse, he said, the bank has to raise the against ‘‘bounce protection’’ plans. These senting the true cost of credit by not includ- rate ‘‘as a way of balancing that greater programs allow customers to overdraw their ing over-limit fees in its disclosed ‘‘finance risk.’’ checking accounts in exchange for a fee each charges’’ on her monthly statement. The Such variable pricing has been embraced in time they do it that can exceed $30. Critics suit said this practice, which adhered to Reg- recent years by airlines, mortgage lenders call bounce protection little more than an ulation Z, nonetheless violated the Truth in and others. What raises the hackles of bank expensive short-term loan since the over- Lending Act. customers, however, is that many don’t dis- drawn amount must be covered quickly. An appeals court agreed with Ms. Pfennig cover the rate changes and penalty fees until Banks are charging as much as $32 per but the Supreme Court, ruling April 21 of they have already been hit with them. Those transaction when customers write a check or this year, sided with the credit-card com- who complain are directed to disclosure make a debit-card purchase without enough pany. It said Regulation Z is reasonable and statements that most consumers never read. money in their accounts to cover the pay- companies that follow it are in compliance These disclosures, says Mr. MacDonald, have ment. Five years ago, $20 was more typical. with the law. ballooned from little more than a page 20 Alicia Flynn, who works in the billing de- ‘‘I’m getting completely disheartened,’’ years ago to 30 pages or more of small print partment of a San Francisco hospital, used said Sandusky, Ohio, consumer lawyer Syl- today. her Bank of America debit card on Jan. 28 of via Goldsmith, who represented Ms. Pfennig Federal Comptroller of the Currency John last year to make four small purchases, in- before the high court. D. Hawke Jr., one of the nation’s top bank cluding a $2.27 cup of cafeteria soup. But sev- In the Pfennig case, MBNA and Household regulators, warned bankers at a conference eral checks she and her husband had written defended the treatment of fees under current last fall that ‘‘no retail banking activity also hit their account that day. When the disclosure regulations as simpler for both generates more consumer complaints’’ than bank tallied up the account later that day, it consumers and banks. ‘‘This bright-line rule credit-card practices, ‘‘and where there are posted some of the checks before the debit- ensures that creditors disclose over-limit persistent and serious complaints, there is a card charges, which had already been cleared fees in an understandable and consistent fertile seedbed for legislation.’’ at the register. That left the account over- manner, permitting consumers to compare Mr. Hawke raised the case in which a cus- drawn by $40.17. The Flynns were hit with such fees across time and across credit-card tomer presents a credit card at the cash reg- separate $28 ‘‘insufficient fund’’ fees for two issuers in a meaningful way,’’ the two banks ister and the bank approves the transaction checks and all four debit-card transactions, noted in a Supreme Court brief. even though it knows that the purchase will hitting the maximum daily penalty of $140. For now, the only way for consumers to push the customer over his credit limit. ‘‘If, ‘‘It is somewhat like having a meter maid know what they’re getting into is to plow as a practical matter, the line has been in- put five parking citations on your car for through the disclosure materials they re- creased, is it unfair or deceptive for the cred- one parking violation,’’ complains Mrs. ceive when they open bank accounts or get itor to continue to impose an overline ‘pen- Flynn’s husband, Richard Flynn. new credit cards. Most never do—as Mr. alty’?’’ he asked. Mr. Flynn later learned that subtracting Flynn, the disgruntled Bank of America cus- Until the early 1990s, most banks offered the biggest check first is standard procedure tomer, admits. ‘‘We just opened a simple one main credit-card product. It typically for Bank of America. In response to his com- bank account, and they gave us a 78–page carried an annual interest rate of about 18% plaint letter, a Bank of America representa- booklet, small print, and they expect us to and an annual fee of $25. Cardholders who tive enclosed a copy of a booklet she said read and understand it,’’ he complains. paid late or strayed over their credit limit every customer received when opening an ac- Ms. Reid, the Florida cardholder, says she were charged modest fees. Profits from good count, and directed Mr. Flynn to page 54. It is far more careful now about studying her customers covered losses from those who de- describes the policy and warns customers credit-card mail. ‘‘I read eve single solitary faulted. that ‘‘this method may result in additional word now. I hope one of these days I won’t Then card issuers, in an effort to grab mar- overdraft fees.’’ have to have a credit card at all.’’ ket share, began scrapping annual fees and A bank spokesman maintains that most vying to offer the lowest annual interest customers want large checks to clear first Mr. DODD. What I find most trou- rates. They junked simple pricing models in because they tend to be for important items bling about this trend is that credit favor of complex ones they say were tailored such as a rent payment. The $28 penalty fee, card companies have set their sights on to cardholders’ risk and behavior. Eager to he said, is intended to ‘‘make sure that cus- the most vulnerable members of our so- sustain growth in a market approaching tomers don’t run their balances so close to ciety when it comes to debt—low-in- saturation, they began offering more cards zero,’’ and is priced ‘‘to assign a cost of the come individuals, the elderly, mentally to consumers with spotty credit. risk it exposes the bank to.’’ retarded, and most recently, our chil- By the late 1990s, banks were attracting Banking fees have long been a subject of consumers with low introductory rates, then legislation and litigation. One decision that dren. subjecting some of them to a myriad of has helped banks boost their penalty fees Go to any college campus in America ‘‘risk-related fees,’’ such as late fees and came in 1996, when the Supreme Court said and you are bound to come across a over-limit fees. A 2001 survey by the Federal states can’t regulate such charges if they’re table where an enthusiastic sales per- Reserve showed that 30% of general-purpose levied by out-of-state banks. son is offering free T-shirts, or sports credit-card holders had paid a late fee in the The 1968 federal Truth in Lending Act was bags, or Frisbees—almost anything in prior year. enacted to promote ‘‘awareness of credit exchange for signing up as a credit card Like Ms. Reid, more customers are seeing costs on the part of consumers.’’ It required red when they discover the penalties on bank ‘‘meaningful disclosure of credit terms’’ but customer. According to a report on statements. Credit-card late-payment didn’t say anything specifically about credit- CBS News, the average college student charges have risen to as high as $39 for some card fees. In the act, Congress directed the is offered 8 cards in his or her first se- customers of Bank of America Corp., MBNA, Federal Reserve Board to enact regulations. mester in college—8 credit cards. By and Providian Financial Corp., and fewer The Fed responded with Regulation Z, which the end of college, the average grad- banks grant grace periods. Cardholders who requires credit-card issuers to disclose the uating senior has 6 credit cards in his exceed their credit limits face ‘‘over limit’’ cost of credit as a dollar amount, known as or her name. fees as high as $39 a month. the ‘‘finance charge,’’ and as an annual per- Why are credit card companies tar- In a survey of 140 credit cards this year, centage rate. Fees for late payments and the the advocacy group Consumer Action said like were not to be included in either cal- geting college students so frequently? 85% of the banks make it a practice to raise culation. Because of their limited experience interest rates for customers who pay late— As a college student in the mid–1990s, with financial matters, students tend often after a single late payment. Nearly Sharon R. Pfennig signed up for a card with to accumulate debt very quickly, and half raise rates if they find out that a cus- a $2,000 credit limit. In 1997, buying clothing as a result, more and more of our tomer is in arrears with another creditor. at a mall, she blew past her credit limit by young people are falling deeper and Since the banks disclose the fees in the $192. Household International Inc. began deeper into the financial hole from fine print of their mailings, they have had tacking on a $20 over-limit fee each month. little to fear from regulators and the courts. Ms. Pfennig stopped using the card and con- which they cannot escape. Consumer lawyers have lost a string of law- tinued to make her $45 minimum monthly In 1998, 67 percent of college students suits challenging such practices. A little-no- payments. But the monthly penalty fee, cou- had a credit card. Today, 83 percent ticed April ruling by the U.S. Supreme Court pled with the $35 to $40 she paid each month have credit cards. In 1998, the average said credit-card companies don’t have to in- as interest on her debt, caused her balance to college student graduated with $1,800 in clude various penalty fees when they cal- continue climbing. Her monthly over-limit credit card debt. Today the average culate the ‘‘finance charge’’ listed on a cus- fee then jumped to $29, and her fee total college senior graduates with $3,000 in tomer’s monthly statement. eventually ballooned to about $700. credit card debt. And bank regulators have been reluctant In 1999, Ms. Pfennig filed a lawsuit in Ohio to promulgate new regulations. The Federal federal court against Household and MBNA, I was shocked to learn that the fast- Reserve Board and four other regulatory which had purchased the Household credit- est growing segment of our population groups recently disappointed consumer card portfolio that contained her account. that is forced to declare bankruptcy is groups by failing to take a strong stand The lawsuit accused Household of misrepre- people under the age of 25. Think of

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00129 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8746 CONGRESSIONAL RECORD — SENATE July 22, 2004 that. The fastest growing group of peo- the penalties on corporations that vio- quirements to bring more transparency ple declaring bankruptcy are people late the law. to an industry that has clearly reaped under the age of 25. First of all, I think we can all agree benefits from the use of fine print and When we think about bankruptcy, we that it is reasonable for a consumer to lengthy and confusing policy state- generally envision middle-aged Ameri- be clearly notified if his or her interest ments. cans with failed businesses, invest- rates are going up. That is not a rad- We are not asking for much here— ments gone bad, perhaps medical bills ical idea, that is just common sense. only that companies be fair and that have spiraled out of control. The My bill would require clear disclosure straightforward with consumers. Let answer is not so. It’s college kids, re- of any rate changes so there aren’t any us see some real disclosures so Ameri- cent graduates. surprises for the average consumer. cans can understand what their bill Some time ago, a piece on ‘‘60 Min- I also don’t believe a company should means, how much they are being utes II’’ told a story of one student’s be able to retroactively change the in- charged, and why. circumstance, Sean Moyer. I have told terest rate on debt that already exists. No one wants credit cards to dis- the story on the floor before but I If you want to raise interest rates, fine, appear. I certainly believe credit cards think it deserves being repeated. but raise them on future debt, not ex- are tremendously valuable and worth- Sean’s life began to spin out of con- isting debt. Our bill would prohibit any while as long as they are handled re- trol as a result of huge debts racked up retroactive interest rate changes. sponsibly. And no one wants people in 3 years of college. He could not get Second, I believe that companies who need and deserve credit to have no loans to go to law school, as he should be rewarding people for respon- way to get it. But we can’t simply dreamed. His parents couldn’t afford to sible card use—not penalizing them. If stand by as more and more Americans pay his way. you pay your bills on time, your inter- fall deeper and deeper into debt with no Sean Moyer had 12 credit cards and est rate shouldn’t go up. If you pay off way out. We need to take some respon- more than $10,000 in debts. He had two your balances in full, your company sible action so that the credit card can jobs, one at the library, another as a shouldn’t be able to charge you any still be a useful financial tool without security guard in a Holiday Inn, but he new fees. If you decide to cancel your being a ticket to financial ruin. still could not pay the collectors who card, your interest rate shouldn’t go If we are going to pass bankruptcy continually harassed him with letters up. I am pointing out these facts be- bills in the Senate that demand more and phone calls. In 1998, Sean Moyer cause that is exactly what happens. My responsibility from consumers, took his own life. bill would codify all of these common- shouldn’t we demand more responsi- Three years after his son’s death, his sense principles into law. bility from creditors, as well? This bill, mother still gets pre-approved credit Third, my bill would protect some of the Credit CARD Act, does just that, card offers in Sean’s name. According the most vulnerable in our society— and I urge my colleagues in the Senate to his mother, one company our Nation’s youth—by implementing to adopt it. preapproved Sean for a $100,000 credit new requirements for issuing credit I ask unanimous consent for the text card line. cards to people under the age of 21. We of the bill to be printed in the RECORD. How is the credit card industry doing are not going to prohibit college stu- as a result of these practices? These dents from getting cards, but we are By Mr. ALLARD (for himself and companies are thriving. Credit Card going to make sure that companies Mr. HAGEL): Management, an industry publication, can’t simply give away cards to mil- S. 2756. A bill to extend a certain reported that 2003 was the most profit- lions and millions of students who they high priority corridor in the States of able year for credit cards since the know will rack up years and years Colorado, Nebraska, South Dakota, and magazine began tracking the industry worth of debt and potentially face Wyoming; to the Committee on Envi- in 1992. bankruptcy and financial ruin before ronment and Public Works. What makes matters even more as- their working lives have barely begun. Mr. ALLARD. Mr. President, trans- tonishing is that this is happening If you apply for a credit card and you portation is a key element of economic when interest rates are at an all-time are under 21, under this bill you will growth for rural Colorado. Providing low. Yet, for millions of Americans, the need one of three things: A signature of access to the national highway system interest rates they read about in the a parent or guardian who is willing to through a well developed transpor- newspapers, those set by the Federal take responsibility for your debt; infor- tation corridor will boost economic op- Reserve, bear absolutely no relation- mation indicating that you have some portunity and bring new dollars to the ship whatsoever to interest rates that other means of repaying any debt; or a area as the flow of commerce increases appear on their credit card bills. certification that you have completed through traffic, tourism and, hopefully, Still, the industry wants more. In re- a credit counseling course. And if you new industry. cent years, while they have been en- are a credit card company that offers Previously, I introduced legislation couraging consumers to accumulate cards to students under 21, you will be to create the Heartland Expressway, a debt, credit card companies have si- required to comply with these require- connecting highway of high priority multaneously been lobbying Congress ments—or face serious penalties. roads on the national highway system. to change bankruptcy laws to make it Finally, this bill requires companies However, a few had concerns about this harder and harder for people to have to be honest with consumers by intro- legislation, so the supporters went their debts forgiven. This amounts to a ducing some new disclosure require- back to the drawing board. So, tonight two pronged attack on working fami- ments. The most important one is a I rise to introduce a bill that reflects lies in America—get people into as box—prominently located on every sin- the compromise that each of the im- much debt as possible, and then change gle bill—containing four simple pieces pacted states have come to. the rules of the game so they can’t get of information: The total balance on Through Ports-to-Plains and Heart- rid of that debt. your account; your minimum monthly land Expressway, we can bring greater It is time we stood up for consumers. payment; how long it will take to pay prosperity through trade and industry It is time we restored a sense of respon- your bill if all you pay is the minimum to the State of Colorado, while improv- sibility to this industry. monthly payment; and finally, how ing the safety and condition of our I am here today to introduce the much you will have to pay over time— highways. Credit Card Accountability, Responsi- in both interest and principal—if you Based on the recommendation of the bility, and Disclosure Act of 2004, also only make the minimum payments. Eastern Colorado Mobility Study, au- known as the Credit CARD Act. This The reason for these disclosures is thored by the Colorado Department of bill takes aim at what I consider to be simple, and to many, probably obvious: Transportation, the corridor will serve some of the more egregious abuses of To allow consumers to know exactly a wide variety of trucks and autos, consumers by credit card companies. what it means to carry a debt, so they bringing new dollars and boosting the This bill takes some simple, com- can decide whether or not to do so. economy. mon-sense steps to stop abusive prac- The Credit CARD Act also contains a The Heartland Expressway will result tices, educate cardholders, and stiffen number of additional disclosure re- in user cost savings to businesses, have

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00130 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8747 fewer environmental impacts than which has 180,000 employees and a joined by Senator AKAKA in intro- other corridor alternatives, and will budget of over $30 billion, is the only ducing S. 2688, the Executive Branch enhance or improve existing—and may cabinet level department not now sub- Financial Accountability Reporting even promote the construction of new ject to the CFO Act. In order to address Act of 2004, which would require the Di- corridors and intermodal facilities— this problem, on August 1, 2003, I was rector of the Office of Management and that will enhance the mobility of joined by Senator AKAKA in intro- Budget (OMB) to submit a report to the freight services within and through ducing S. 1567, the Department of relevant congressional committees eastern Colorado. Homeland Security Financial Account- that lists all Federal entities not cur- The Heartland Expressway will pene- ability Act, which would subject the rently required to prepare annual, trate and promote economic develop- department to the same financial man- independently audited financial state- ment in Denver, throughout north and agement practices currently required ments. We were pleased that the Gov- southeast Colorado, into Wyoming, and of all other major Federal agencies. ernmental Affairs Committee favor- through Scotsbluff, NE to Rapid City, The Senate passed S. 1567 in November ably reported this bill on July 21, 2004, SD. 2003, and the House of Representatives and we intend to work with our col- passed its version, H.R. 4259, on July 20, leagues to expedite Senate passage of By Mr. FITZGERALD: 2004. It is my hope and expectation this important legislation. S. 2757. A bill to provide for certain that final congressional action on this Although significant progress has financial reporting requirements to legislation will occur in the near fu- been made in strengthening financial apply to the judicial branch of the Fed- ture. accountability of the executive branch, eral Government, and for other pur- The CFO Act improved the financial similar audit requirements in the judi- poses; to the Committee on the Judici- management of cabinet departments cial and legislative branches are woe- ary. and major Federal agencies; however, fully inadequate or completely lacking. it did not address the fiscal policies At a hearing held on July 8, 2004, by By Mr. FITZGERALD. and practices of the rest of the execu- the Governmental Affairs Sub- S. 2758. A bill to provide for certain tive branch. Therefore, in 2002, I was committee on Financial Management, financial reporting requirements to the Senate sponsor of the Account- the Budget, and International Secu- apply to the legislative branch of the ability of Tax Dollars Act (ATDA). rity, which I chair, we heard surprising Federal Government, and for other pur- This legislation, which became law on testimony that the judicial branch poses; to the Committee on Rules and November 7, 2002, amended the CFO does not conduct annual audits of its Administration. Act to require agencies with budget au- financial statements. Similarly, many Mr. FITZGERALD. Mr. President, I thority of over $25 million to prepare entities in the legislative branch do rise today to introduce two bills that annual financial statements and have not prepare annual financial state- would ensure fiscal accountability them independently audited. Due to ments, and many that do prepare fi- throughout the Judicial and Legisla- the enactment of the ATDA, an addi- nancial statements do not have them tive Branches of the Federal Govern- tional 76 agencies are now subject to independently audited. ment: the Judicial Branch Financial requirements for annual audited finan- As part of the Contract with America Accountability Act of 2004 and the Leg- cial statements. in the 104th Congress, the financial islative Branch Financial Account- The ATDA also provided authority to statements of the House of Representa- ability Expansion Act of 2004. These the Director of the Office of Manage- tives have been annually audited by an bills would strengthen the financial ment and Budget (OMB) to waive or ex- independent accounting firm. While management of both branches by re- empt certain agencies from the act’s several other legislative branch enti- quiring them to prepare annual finan- requirements. The OMB director may ties voluntarily comply with the re- cial statements and have them inde- waive these requirements during the quirements of the CFO Act—the Gov- pendently audited. first 2 years of implementation if an ernment Accountability Office and the These bills also build on S. 2680, the agency lacks the budgeted resources or Congressional Budget Office—these Financial Accountability Expansion requires additional time to develop fi- agencies of Congress are not statu- Act of 2004, that Senator AKAKA and I nancial management practices and sys- torily required to do so. I find it dis- introduced on July 16, 2004, to expand tems. The OMB director may exempt turbing that the United States Senate independent audit requirements to the agencies with budget authority under does not hold itself to the same stand- remainder of the executive branch that $25 million if it is determined that ards of financial accountability that it currently is not covered under the there is an absence of risk associated imposes on the executive branch of Chief Financial Officers Act or the Ac- with the agency’s operations. government. The financial activities of countability of Tax Dollars Act. Taken To improve upon the legislative all entities established by and within together, this legislative package changes Congress enacted in 2002, the the legislative branch—such as the would ensure—for the first time—that Financial Accountability Expansion Senate Disbursing Office, the Capitol all agencies and entities in the entire Act of 2004, which I introduced last Police, the Library of Congress, the United States Government are subject week, would further expand the re- Government Accountability Office, the to stringent financial audit require- quirements of the CFO Act to every re- U.S. Botanic Garden, and the Architect ments. maining entity in the executive of the Capitol—should be subject statu- Congressional efforts to improve fi- branch. Each executive branch agency torily to the oversight provided by an nancial management and to reduce the or entity, regardless of its size or budg- independent financial statement audit. waste, fraud and abuse of taxpayer dol- et authority, would be subject to the fi- In fiscal year 2004, the Congress ap- lars began almost 25 years ago with the nancial oversight and accountability propriated over $3.5 billion for the leg- enactment of the Federal Managers Fi- that annual, independently audited fi- islative branch and approximately $5.2 nancial Integrity Act of 1982, which in- nancial statements provide. In order to billion for the judicial branch. To en- tended to strengthen internal controls assist small agencies that may not sure that these two co-equal branches and accounting systems. Another im- have adequate financial resources or of government are subject to inde- portant financial management reform personnel to comply with these re- pendent audit requirements similar to initiative was the Chief Financial Offi- quirements, this bill would authorize the executive branch, the legislative cers Act (CFO) of 1990. Among other the Secretary of the Treasury to enter package I introduce today includes two things, the CFO Act created 24 CFO into one or more contracts on behalf of bills to strengthen the financial man- and deputy CFO positions in cabinet the agency, or multiple agencies agement practices of the Federal departments and major executive through ‘‘bundling,’’ for the prepara- courts and legislative entities. branch agencies, and required the an- tion and independent audit of the fi- The Judicial Branch Financial Ac- nual preparation and audit of financial nancial statement. countability Act of 2004 that I intro- statements. To begin the process of expanding duce today would require the Federal I would briefly like to mention that audit requirements through the Execu- judiciary to have independent audits of the Department of Homeland Security, tive Branch, on July 19, 2004, I was annual financial statements covering

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00131 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8748 CONGRESSIONAL RECORD — SENATE July 22, 2004 all accounts and activities. In def- statements. In light of these sensitivi- (B) Committee on Administration of the erence to a co-equal branch of govern- ties, I recognize that these bills rep- House of Representatives and the Committee ment, the bill would require the Judi- resent the first step toward improving on Government Reform of the House of Rep- cial Conference of the United States, the financial accountability of the en- resentatives. the principal policy-making body for (b) CONTENT.—Each report under sub- tire Federal Government. I look for- section (a) shall include— the administration of the U.S. Courts, ward to working with my colleagues to (1) a plan for implementation of this Act, to determine whether the U.S. Su- provide the best legislative solution to including whether the establishment of an preme Court, the U.S. Court of Appeals ensure full and equal accountability for office is necessary to carry out this Act; and for the Federal Circuit, the U.S. Court the use of taxpayer dollars. (2) recommendations, including legislative of International Trade, and other judi- I ask unanimous consent that the actions and amendments to this Act, if nec- cial branch entities, should submit sep- text of the bill be printed in the essary, to effectively carry out this Act. arate financial statements, or whether RECORD. SEC. 5. PREPARATION AND AUDIT OF STATE- there should be a single consolidated There being no objection, the texts of MENTS. statement that is independently au- the bills were ordered to be printed in (a) PREPARATION.— (1) CONGRESS.—Not later than 60 days after dited. the RECORD, as follows: To ensure that judicial branch enti- the submission of the report under section 4, S. 2757 the Majority Leader of the Senate in con- ties have the procedures and resources Be it enacted by the Senate and House of Rep- sultation with the Minority Leader of the in place to comply with the require- resentatives of the United States of America in Senate, and the Speaker of the House of Rep- ments of this act, this bill would re- Congress assembled, resentatives in consultation with the Minor- quire the submission of a report re- SECTION 1. SHORT TITLE. ity Leader of the House of Representatives, garding the act’s implementation to This Act may be cited as the ‘‘Legislative shall establish offices in the Senate and the the appropriate committees in the Sen- Branch Financial Accountability Act of House of Representatives, respectively, that 2004’’. ate and House of Representatives. This shall prepare the financial statements for SEC. 2. CONGRESS. report is to be submitted not later than each House required by this Act in accord- (a) IN GENERAL.—The Senate and the House ance with United States generally accepted 90 days after the date of the bill’s en- of Representatives each shall annually have accounting principles. actment, and is to include any legisla- a financial statement prepared in accordance (2) LEGISLATIVE AGENCIES AND ENTITIES.— tive recommendations that may be with United States generally accepted ac- Not later than 60 days after the submission necessary to carry out the provisions counting principles, and have the statement of the report under section 5, the head of of the act. Similar to the requirements independently audited, for the preceding cal- each legislative agency or entity shall des- imposed by OMB on executive branch endar year covering all the accounts and as- ignate an individual or establish an office entities, this bill would require the sociated activities of the Senate and the that shall prepare the financial statements House of Representatives, respectively. completion and public release of the required by this Act in accordance with (b) FINANCIAL STATEMENT.—Each financial United States generally accepted accounting audited financial statement not later statement shall reflect the organizational principles. than 45 days after the end of the fiscal structure of the Senate and House of Rep- (b) AUDIT.—With respect to the financial year. resentatives, respectively, and shall cover statements of each House of Congress and The second bill I introduce today— accounts and financial information for all each legislative agency or other entity, the the Legislative Branch Financial Ac- entities of the Senate and House of Rep- Majority Leader of the Senate in consulta- countability Expansion Act of 2004— resentatives, respectively. Joint activities tion with the Minority Leader of the Senate, would require that each House of Con- shall be reflected in the financial statement the Speaker of the House of Representatives of a House of Congress to the extent that the in consultation with the Minority Leader of gress and each legislative agency or House funds the activities. other entity prepare financial state- the House of Representatives, and the head SEC. 3. AGENCIES. of each legislative agency or other entity, re- ments that must be independently au- (a) IN GENERAL.—Each agency under sub- spectively, shall provide, by contract, for an dited. In order to ensure that entities section (b) shall annually have a financial independent audit of the financial state- in the legislative branch have the pro- statement prepared in accordance with ments required by this Act in accordance cedures and resources in place that are United States generally accepted accounting with generally accepted government audit- necessary to fulfill this requirement, principles, and have the statement independ- ing standards. Not later than 45 days after the bill requires each House of Con- ently audited, for the preceding fiscal year the end of the applicable fiscal year, whether gress and each legislative agency or covering all the accounts and associated ac- calendar or fiscal, and each year thereafter, tivities of the agency. other entity to submit a report to the each House of Congress and head of legisla- (b) The agencies referred to under sub- tive agency or entity shall complete and appropriate committees in the Senate section (a) are the— make available to the public the independ- and House of Representatives regarding (1) Library of Congress; ently audited financial statement. the implementation of the act. The re- (2) Congressional Budget Office; SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (3) General Accountability Office; port is to be submitted within 90 days There are authorized to be appropriated (4) Government Printing Office; of the date of enactment, and is to in- such sums as may be necessary to carry out (5) United States Botanic Garden; clude whether the establishment of a this Act in fiscal year 2005, and each fiscal (6) Architect of the Capitol; year thereafter. special office is necessary to carry out (7) United States Capitol Police; and the act’s requirements, as well as any (8) any other entity of the legislative SEC. 7. EFFECTIVE DATES. legislative recommendations that may branch established by Congress and not re- (a) IN GENERAL.—Sections 2 and 3 shall be necessary. quired by statute to have annual financial take effect in the applicable fiscal year, Within 60 days after the submission statements independently audited. whether calendar or fiscal, during which the of this report, each House of Congress SEC. 4. REPORT. office referred to in section 5 is established. is to establish an office to prepare the (a) IN GENERAL.—Not later than 90 days (b) ADMINISTRATIVE PROVISIONS.—Sections financial statement. Each legislative after the date of enactment of this Act, a re- 1, 4, 5, and 6 shall take effect on the date of enactment of this Act. agency or other entity is also required port described under subsection (b)— to establish an office, or designate an (1) shall be submitted by the Committee on S. 2758 Rules and Administration of the Senate, Be it enacted by the Senate and House of Rep- individual if that is more appropriate, with respect to the entities of the Senate, to to prepare the financial statement. An resentatives of the United States of America in the Committee on Governmental Affairs of Congress assembled, independent audit of the financial the Senate; statement is to be completed and made (2) shall be submitted by the Committee on SECTION 1. SHORT TITLE. public within 45 days after the close of Administration of the House of Representa- This Act may be cited as the ‘‘Judicial tives, with respect to entities of the House of Branch Financial Accountability Act of the applicable fiscal year. 2004’’. I am sensitive to how other co-equal Representatives, to the Committee on Gov- branches of the Federal Government ernment Reform of the House of Representa- SEC. 2. FEDERAL JUDICIARY. conduct their fiscal affairs. Therefore, tives; and (a) IN GENERAL.—The Federal Judiciary (3) shall be submitted by each legislative shall annually have independently audited these bills defer to the leadership of agency or entity under section 3 to the— financial statements prepared for fiscal year these branches to determine the most (A) Committee on Rules and Administra- 2005, and each fiscal year thereafter, cov- appropriate means of implementing an- tion of the Senate and the Committee on ering all the accounts and associated activi- nual independent audits of financial Governmental Affairs of the Senate; and ties of the judicial branch.

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00132 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8749 (b) SEPARATE STATEMENTS.—The Judicial reducing the number of children with- or ‘‘freezes’’ in their CHIP programs. Conference of the United States shall deter- out health insurance. Last year, 5.8 This bill will allow States to maintain mine whether to have separate financial million children were enrolled in CHIP, their CHIP programs and allow them to statements for the— (1) Supreme Court of the United States; children who otherwise would have grow. The health of the Nation reflects (2) United States Court of Appeals for the limited access to critical screening and the health of our children and I look Federal Circuit; diagnostic services and needed medical forward to working with my colleagues (3) United States Court of International care. In 2003, 125,000 children in Massa- in the Senate to get this very impor- Trade; chusetts participated in CHIP and tant legislation passed. (4) Administrative Office of the United other Stats had similar success. States Courts; The need for CHIP has always been By Mr. ROCKEFELLER (for him- (5) Federal Judicial Center; clear. We know that children without self, Mr. CHAFEE, Mr. KENNEDY, (6) Judicial retirement funds; health insurance are more than three and Ms. SNOWE): (7) United States Sentencing Commission; times less likely to have a regular S. 2759. A bill to amend title XXI of or the Social Security Act to modify the (8) other courts or services paid from the source of health care than insured chil- appropriations for ‘‘Courts of Appeals, Dis- dren. They are more than four times as rules relating to the availability and trict Courts, and Other Judicial Services’’. likely to delay needed medical care be- method of redistribution of unexpended SEC. 3. PREPARATION AND AUDIT OF STATE- cause of cost. And they are more than SCHIP allotments, and for other pur- MENTS. twice as likely as insured children to poses; to the Committee on Finance. (a) PREPARATION.—The Administrative Of- forego needed prescription drugs and Mr. ROCKEFELLER. Mr. President, I fice of the United States Courts shall prepare rise today with my friend and col- the financial statements required by this Act eyeglasses. league from Rhode Island, Mr. CHAFEE, in accordance with United States generally Despite the clear evidence that accepted accounting principles. health insurance provides children to introduce legislation that will pro- (b) AUDIT.— with a healthier start, continued suc- tect the health and well-being of Amer- (1) IN GENERAL.—The Judicial Conference cess of the CHIP program is in jeop- ica’s children by restoring funds to the of the United States shall provide, by con- ardy. A number of States have budget Children’s Health Insurance Program tract, for an independent auditor to audit shortfalls that will short-change CHIP (CHIP). In 1997, Senator CHAFEE and I the financial statements required by this Act programs over the next several years. worked together to create the Chil- in accordance with generally accepted gov- dren’s Health Insurance Program as ernment auditing standards. Last year, the Congress acted to pre- part of the Balanced Budget Act. I am (2) REPORT.—Not later than 45 days after vent $2.7 billion in Federal funding for the end of the defined fiscal year, whether CHIP from reverting to the Treasury. proud of the work we have done over calendar or fiscal, and each year thereafter, However, this funding was a short-term the years to make improvements to the Administrative Office of the United solution for long-term financing prob- this critical program, which helps so States Courts shall complete and submit an lems that will persist until CHIP is re- many of our nation’s children. independently audited financial statement authorized in 2007. The Center on Budg- Since its inception, the CHIP pro- that shall be— et and Policy Priorities has projected gram has been an unqualified success. (A) available to the public; and It has directly contributed to the de- (B) submitted to— that over 200,000 children are still at (i) the Committee on the Judiciary of the risk for losing their health coverage if cline in the number of children without Senate and the Committee on Governmental additional steps are not taken. health insurance in recent years. Last Affairs of the Senate; and This bill will provide the needed year, 5.8 million children were enrolled (ii) the Committee on the Judiciary of the steps to support and expand the CHIP in CHIP, including over 35,000 children House of Representatives and the Committee program. The Children’s Health Im- in my home state of West Virginia. on Government Reform of the House of Rep- provement and Protection Act of 2004 However, the continued success of resentatives. prevents $1.07 billion in Federal CHIP the CHIP program is in serious jeop- SEC. 4. REPORT. funds that are scheduled to expire from ardy. A number of States are projected (a) IN GENERAL.—Not later than 90 days to have insufficient Federal funding to after the date of enactment of this Act, a re- reverting to the Treasury. In addition, port described under subsection (b) shall be this bill reallocates some of these sustain their existing CHIP programs submitted by the Judicial Conference to— funds to States that most need them. over the next several years. On Sep- (1) the Committee on the Judiciary of the Seventy percent of the expiring fiscal tember 30, 2004, $1.07 billion in Federal Senate and the Committee on Governmental year 1998, 1999, and 2000 funds would be CHIP funds are scheduled to expire and Affairs of the Senate; and redistributed to needy States and the revert to the national treasury, despite (2) the Committee on the Judiciary of the remaining 30 percent of the funds growing unmet need in a number of House of Representatives and the Committee would be retained by the States that States. If Congress does not act to pre- on Government Reform of the House of Rep- serve these funds, States will have no resentatives. currently have them. (b) CONTENT.—The report under subsection States that were unable to spend all choice but to cut coverage for low-in- (a) shall include— of their fiscal year 2002, 2003, and 2004 come children. (1) a plan for implementation of this Act; CHIP allotments after 3 years would be Last year, we acted to protect chil- and able to keep half of the unspent funds. dren’s health care by passing legisla- (2) recommendations, including legislative The other 50 percent would be redis- tion to prevent $2.7 billion in Federal actions and amendments to this Act, if nec- tributed to States that have fully spent funding for CHIP from reverting to the essary, to effectively carry out this Act. their allotments during the 3-year pe- treasury. While this legislation went a SEC. 5. AUTHORIZATION OF APPROPRIATIONS. long way to address immediate CHIP There are authorized to be appropriated riod they were available. Any retained such sums as may be necessary to carry out or redistributed funds would be avail- funding shortfalls, it did not address this Act in fiscal year 2005, and each fiscal able for 2 years. After that, our bill es- the long-term financing problems that year thereafter. tablishes a second redistribution for will persist until CHIP is reauthorized Mr. KENNEDY. Mr. President, I am unspent funds, using the same 70–30 re- in fiscal year 2007. The legislation we pleased to introduce the Children’s distribution scheme I described pre- are introducing today would solve the Health Improvement and Protection viously. current CHIP financing problems and (CHIP) Act today, along with my fellow Passage of CHIP was a great step for- preserve health care coverage for chil- Senators ROCKEFELLER, CHAFEE, and ward in ensuring every child a healthy dren through reauthorization, when SNOWE. This bill will ensure that chil- start in life. It would be a grave mis- Congress will have to consider a better dren continue to receive health care take and a misplaced set of priorities Federal financing mechanism for the coverage through the Children’s Health to weaken this program that so many program. Insurance Program, which is especially of us worked to enact and that is help- I am pleased to be joined by Senators important as the Nation’s economy ing so many children. It makes no CHAFEE, KENNEDY, and SNOWE in intro- struggles to recover and State budgets sense to have funds expire and revert ducing legislation that represents a are stretched perilously thin. to the Treasury when we know that comprehensive approach to shoring up The Children’s Health Insurance Pro- many States are still facing severe CHIP financing through reauthoriza- gram, CHIP, has shown great success in deficits that have led to waiting lists tion, thereby preventing a devastating

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00133 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8750 CONGRESSIONAL RECORD — SENATE July 22, 2004 enrollment decline and facilitating ‘‘(VI) the fiscal year 2003 allotment, the 2004, 2005, and 2006 exceed the State’s allot- continued CHIP growth. Our bill would amount specified in subparagraph (F)(i) (less ment for fiscal year 2004 under subsection extend the availability of the $1.07 bil- the total of the amounts under clause (ii) for (b); and such fiscal year), multiplied by the ratio of ‘‘(iii) the amount specified in this clause is lion in expiring CHIP funds and target the amount specified in subparagraph (F)(ii) some of the funds to the States that the sum, for all States entitled to a redis- for the State to the amount specified in sub- tribution under subparagraph (A) from the need them the most. It would also es- paragraph (F)(iii); or allotments for fiscal year 2004, of the tablish redistribution rules that will ‘‘(VII) the fiscal year 2004 allotment, the amounts specified in clause (ii).’’; keep CHIP money in the CHIP program amount specified in subparagraph (G)(i) (less (3) in paragraph (2)— through fiscal year 2007. the total of the amounts under clause (ii) for (A) in the paragraph heading by striking such fiscal year), multiplied by the ratio of The Children’s Health Protection and ‘‘2001’’ and inserting ‘‘2004’’; and Improvement Act will allow States to the amount specified in subparagraph (G)(ii) (B) in subparagraph (A)— for the State to the amount specified in sub- (i) in clause (i), by striking ‘‘Of’’ and in- continue offering health care to our paragraph (G)(iii).’’; and serting ‘‘Subject to paragraph (4), of’’; Nation’s children—the most vulnerable (iii) in clause (ii), by striking ‘‘or 2001’’ and (ii) in clause (ii), by striking ‘‘Of’’ and in- population among us. It will ensure inserting ‘‘2001, 2002, 2003, or 2004’’; that healthy children have access to (B) in subparagraph (B)— serting ‘‘Subject to paragraph (4), of’’; (iii) in clause (iii), by striking ‘‘Of’’ and in- preventative check-ups and exams and (i) in clause (ii), by inserting ‘‘but subject to paragraph (4)’’ after ‘‘subsection (e)’’; serting ‘‘Subject to paragraph (4), of’’; that sick children can get the medica- (iv) in clause (iv), by striking ‘‘Of’’ and in- tion and treatment they need. This leg- (ii) in clause (iii)— (I) by inserting ‘‘but subject to paragraph serting ‘‘Subject to paragraph (4), of’’; and islation enjoys bipartisan support and (4)’’ after ‘‘subsection (e)’’; and (v) by adding at the end the following: is endorsed by the National Governor’s (II) by striking ‘‘and’’ at the end; ‘‘(v) FISCAL YEAR 2002 ALLOTMENT.—Subject Association (NGA). (iii) by redesignating clause (iv) as clause to paragraph (4), of the amounts allotted to I urge my colleagues to make enact- (vii); and a State pursuant to this section for fiscal ment of this critical legislation a pri- (iv) by inserting after clause (iii), the fol- year 2002 that were not expended by the ority. Congress must act on this legis- lowing: State by the end of fiscal year 2004, 50 per- lation this year. We must do this when ‘‘(iv) notwithstanding subsection (e) but cent of that amount shall remain available for expenditure by the State through the end we return. I recognize that we have subject to paragraph (4), with respect to fis- cal year 2002, shall remain available for ex- of fiscal year 2006. very few legislative days left, but this penditure by the State through the end of ‘‘(vi) FISCAL YEAR 2003 ALLOTMENT.—Of the must be at the top of our list because fiscal year 2006; amounts allotted to a State pursuant to this our children cannot afford to wait. We ‘‘(v) notwithstanding subsection (e), with section for fiscal year 2001 that were not ex- must guarantee the continued success respect to fiscal year 2003, shall remain pended by the State by the end of fiscal year of the CHIP program and sustain the available for expenditure by the State 2005, 50 percent of that amount shall remain significant progress CHIP has made through the end of fiscal year 2007; and available for expenditure by the State over the years in reducing the ranks of ‘‘(vi) with respect to fiscal year 2004, sub- through the end of fiscal year 2007. section (e) shall apply; and’’; and uninsured children. ‘‘(vii) FISCAL YEAR 2004 ALLOTMENT.—Of the (C) by adding at the end the following: amounts allotted to a State pursuant to this I ask unanimous consent that the ‘‘(E) AMOUNTS USED IN COMPUTING REDIS- section for fiscal year 2004 that were not ex- text of the bill be printed in the TRIBUTIONS FOR FISCAL YEAR 2002.—For pur- pended by the State by the end of fiscal year RECORD. poses of subparagraph (A)(i)(V)— 2006, 50 percent of that amount shall remain There being no objection, the text of ‘‘(i) the amount specified in this clause is available for expenditure by the State the bill was ordered to be printed in the amount specified in paragraph (2)(B)(i)(I) through the end of fiscal year 2007.’’; the RECORD, as follows: for fiscal year 2002, less the total amount re- (4) in paragraph (3)— maining available pursuant to paragraph S. 2759 (A) by striking ‘‘or fiscal year 2001’’ and in- (2)(A)(v); serting ‘‘fiscal year 2001, fiscal year 2002, fis- Be it enacted by the Senate and House of Rep- ‘‘(ii) the amount specified in this clause for cal year 2003, or fiscal year 2004,’’; and resentatives of the United States of America in a State is the amount by which the State’s (B) by striking ‘‘or November 30, 2003,’’ and Congress assembled, expenditures under this title in fiscal years inserting ‘‘November 30, 2003, November 30, SECTION 1. SHORT TITLE. 2002, 2003, and 2004 exceed the State’s allot- 2004, November 30, 2005, or November 30, ment for fiscal year 2002 under subsection This Act may be cited as the ‘‘Children’s 2006,’’; and (b); and Health Protection and Improvement Act of (5) by adding at the end the following: 2004’’. ‘‘(iii) the amount specified in this clause is ‘‘(4) ADDITIONAL EXTENDED AVAILABILITY OF the sum, for all States entitled to a redis- SEC. 2. CHANGES TO RULES FOR REDISTRIBU- FISCAL YEARS 1998 THROUGH 2002 ALLOTMENTS.— TION AND EXTENDED AVAILABILITY tribution under subparagraph (A) from the ‘‘(A) FISCAL YEAR 1998, 1999, AND 2000 ALLOT- OF 1998 THROUGH 2004 SCHIP AL- allotments for fiscal year 2002, of the LOTMENTS. amounts specified in clause (ii). MENTS.—With respect to any amounts allot- ted to a State pursuant to this section for Section 2104(g) of the Social Security Act ‘‘(F) AMOUNTS USED IN COMPUTING REDIS- (42 U.S.C. 1397dd(g)), as amended by Public TRIBUTIONS FOR FISCAL YEAR 2003.—For pur- fiscal years 1998, 1999, or 2000 that were redis- Law 108–74 (117 Stat. 892), is amended— poses of subparagraph (A)(i)(VI)— tributed to a State under paragraph (1), or (1) in the subsection heading by striking ‘‘, ‘‘(i) the amount specified in this clause is whose availability to a State was extended 1999, 2000, AND 2001’’ and inserting ‘‘THROUGH the amount specified in paragraph (2)(B)(i)(I) through the end of fiscal year 2004 under 2004’’; and for fiscal year 2003, less the total amount re- paragraph (2), that were not expended by the (2) in paragraph (1)— maining available pursuant to paragraph State by the end of fiscal year 2004, the fol- (A) in subparagraph (A)— (2)(A)(vi); lowing rules shall apply: (i) in the matter preceding clause (i)— ‘‘(ii) the amount specified in this clause for ‘‘(i) 30 percent of such amounts shall re- (I) by inserting ‘‘or for fiscal year 2002 by a State is the amount by which the State’s main available for expenditure by the State the end of fiscal year 2004, or for fiscal year expenditures under this title in fiscal years through the end of fiscal year 2007. 2003 by the end of fiscal year 2005, or for fis- 2003, 2004, and 2005 exceed the State’s allot- ‘‘(ii) The remainder of such amounts shall cal year 2004 by the end of fiscal year 2006,’’ ment for fiscal year 2003 under subsection be redistributed to States that have fully ex- after ‘‘fiscal year 2003,’’; and (b); and pended the amount of their fiscal year 2002 (II) by striking ‘‘or 2001’’ and inserting ‘‘(iii) the amount specified in this clause is allotments under this section in the same ‘‘2001, 2002, 2003, or 2004’’; the sum, for all States entitled to a redis- ratio as unexpended fiscal year 2002 allot- (ii) in clause (i)— tribution under subparagraph (A) from the ments are redistributed under paragraph (I) in subclause (III), by striking ‘‘or’’ at allotments for fiscal year 2003, of the (1)(A)(i)(V) to such States and the amounts the end; amounts specified in clause (ii). redistributed under this clause shall remain (II) in subclause (IV), by striking the pe- ‘‘(G) AMOUNTS USED IN COMPUTING REDIS- available for expenditure through the end of riod at the end and inserting a semicolon; TRIBUTIONS FOR FISCAL YEAR 2004.—For pur- fiscal year 2007. and poses of subparagraph (A)(i)(VII)— ‘‘(B) FISCAL YEAR 2001 ALLOTMENTS.—With (III) by adding at the end the following: ‘‘(i) the amount specified in this clause is respect to any amounts allotted to a State ‘‘(V) the fiscal year 2002 allotment, the the amount specified in paragraph (2)(B)(i)(I) pursuant to this section for fiscal year 2001 amount specified in subparagraph (E)(i) (less for fiscal year 2004, less the total amount re- that were redistributed to a State under the total of the amounts under clause (ii) for maining available pursuant to paragraph paragraph (1), or whose availability to a such fiscal year), multiplied by the ratio of (2)(A)(vii); State was extended through the end of fiscal the amount specified in subparagraph (E)(ii) ‘‘(ii) the amount specified in this clause for year 2005 under paragraph (2), that were not for the State to the amount specified in sub- a State is the amount by which the State’s expended by the State by the end of fiscal paragraph (E)(iii); expenditures under this title in fiscal years year 2005, the following rules shall apply:

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00134 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8751 ‘‘(i) 30 percent of such amounts shall re- 200,000 children will not lose their sion. It would introduce a fixed cap on main available for expenditure by the State health insurance coverage between now the amount of ethanol that can take through the end of fiscal year 2007. and 2007. At a time when our Nation’s advantage of the passthrough provi- ‘‘(ii) The remainder of such amounts shall uninsured rate has climbed to 43.6 mil- sion. The amount of the cap is based on be redistributed to States that have fully ex- pended the amount of their fiscal year 2003 lion, it makes little sense to take away the historical volume of ethanol ex- allotments in the same ratio as unexpended Federal funding from States that are ports from the CBI region over the past fiscal year 2003 allotments are redistributed desperately trying to enroll needy chil- 20 years. Thus, my bill will permit the under paragraph (1)(A)(i)(VI) to such States dren. This legislation is crucial to continued duty-free importation of and the amounts redistributed under this many States including my State of some ethanol that is simply dehy- clause shall remain available for expenditure Rhode Island. Without this remedy, drated in the CBI region, based on his- through the end of fiscal year 2007. Rhode Island is set to run out of SCHIP torical trade amounts. However, my ‘‘(C) FISCAL YEAR 2002 ALLOTMENTS.—With funds by 2005. At 5 percent, Rhode Is- bill would put a stop to the unlimited respect to any amounts allotted to a State pursuant to this section for fiscal year 2002 land currently has the third lowest un- future growth of such duty-free im- that were redistributed to a State under insured rate of any State in the Nation ports. paragraph (1), or whose availability to a for children. This bill will enable It is my belief that this modification State was extended through the end of fiscal Rhode Island to continue offering should not impact any of the CBI com- year 2006 under paragraph (2), that were not health coverage to this vulnerable pop- panies that are currently operating expended by the State by the end of such fis- ulation. ethanol plants in the region. At the cal year, the following rules shall apply: I urge my colleagues to join Senator same time, my bill will encourage ‘‘(i) 30 percent of those amounts shall re- ROCKEFELLER and me in supporting greater investment and development in main available for expenditure by the State through the end of fiscal year 2007. this important legislation. It is a cru- the CBI region because ethanol that is ‘‘(ii) The remainder of such amounts shall cial step toward ensuring that our Na- produced from scratch in the CBI re- be redistributed to States that have fully ex- tion’s children will have long-term ac- gion, using CBI inputs, will continue to pended the amount of their fiscal year 2004 cess to quality health insurance. be eligible for duty-free access to the allotments in the same ratio as unexpended U.S. market under the CBI program. If fiscal year 2004 allotments are redistributed By Mr. GRASSLEY (for himself ethanol is made from scratch in the under paragraph (1)(A)(i)(VII) to such States and Mr. COLEMAN): CBI region then it will qualify for and the amounts redistributed under this S. 2762. A bill to encourage the use of duty-free treatment. clause shall remain available for expenditure indigenous feedstock from the Carib- through the end of fiscal year 2007.’’. In sum, my bill only addresses new bean Basin region with respect to ethyl investments in dehydration plants, SEC. 3. CONTINUED AUTHORITY FOR QUALI- alcohol for fuel use; to the Committee FYING STATES TO USE CERTAIN whose sole purpose is to merely dehy- FUNDS FOR MEDICAID EXPENDI- on Finance. drate Brazilian ethanol. Our tariff pref- TURES. Mr. GRASSLEY. Mr. President, I rise erence programs should not be grant- Section 2105(g)(1)(A) of the Social Security today to introduce legislation to close Act (42 U.S.C. 1397ee(g)(1)(A)), as added by ing economic incentives in the form of a loophole under the Caribbean Basin tariff preferences for such passthrough Public Law 108–74 (117 Stat. 895) and amended Initiative, CBI, trade preference pro- by Public Law 108–127 (117 Stat. 134), is operations. In my mind, that is not amended by striking ‘‘or 2001’’ and inserting gram which could allow large quan- what the CBI program is for, and it is ‘‘2001, 2002, 2003 or 2004’’. tities of Brazilian ethanol to be shipped not fair for Iowa’s ethanol producers. Mr. CHAFEE. Mr. President, I am to the United States duty-free. This I ask unanimous consent that the bill pleased to join Senator ROCKEFELLER loophole allows companies to use the be printed in the CONGRESSIONAL and others today in introducing a bi- CBI program as a passthrough to get RECORD. partisan proposal to extend and redis- duty-free treatment for Brazilian eth- There being no objection, the text of tribute expiring State Children’s anol. This could end up displacing U.S. the bill was ordered to be printed in Health Insurance Program (SCHIP) production and hurting Iowa’s ethanol the RECORD, as follows: producers. I want to help make sure funds. S. 2762 This legislation will allow States to that does not happen. Also, when the Caribbean Basin Ini- Be it enacted by the Senate and House of Rep- retain $1.07 billion in funds originally resentatives of the United States of America in allocated for fiscal years 1998, 1999, and tiative was enacted during the Reagan Congress assembled, administration, the purpose of the pro- 2000, and currently scheduled to revert SECTION 1. ETHYL ALCOHOL FOR FUEL USE. gram was to encourage trade and devel- to the Federal Treasury on September (a) IN GENERAL.—Subparagraph (B) of sec- 30, 2004. The bill also applies a 70–30 re- opment with the region. I support the tion 423(c)(3) of the Tax Reform Act of 1986 distribution formula to the 1998–2000 al- CBI program. However, I believe that (19 U.S.C. 2703 note) is amended to read as lotments. States with surplus funds the program should encourage mean- follows: scheduled to revert in September will ingful economic development in the re- ‘‘(B) The local feedstock requirement with keep 30 percent of the money and cede gion. Unfortunately, one special inter- respect to any calendar year is— 70 percent to States that have ex- est provision in the statute permits ‘‘(i) 0 percent with respect to the base ‘‘wet’’ ethanol from Brazil to be quantity that is entered; hausted their allotments. Additionally, ‘‘(ii) 30 percent with respect to the the bill will continue the current law shipped to the CBI region and merely 35,000,000 gallons of dehydrated alcohol and redistribution rules through 2007. It al- dehydrated, thus qualifying for duty- mixtures entered in excess of the base quan- lows States unable to spend all of their free access to the U.S. market. The de- tity; and fiscal year 2002, 2003, and 2004 SCHIP hydration process which occurs in the ‘‘(iii) 50 percent with respect to all dehy- allotments within the 3-year limit, to CBI region is not very complicated. It drated alcohol and mixtures entered after keep half of the unspent funds. The simply removes a small percentage of the amount specified in clause (ii) is en- other 50 percent would be redistributed water from ‘‘wet’’ ethanol, thereby tered.’’. converting it into ‘‘dry’’ ethanol. Such (b) BASE QUANTITY.—Clause (i) of section to States that have exhausted their al- 423(c)(3)(C) of the Tax Reform Act of 1986 (19 lotments. ‘‘dry’’ ethanol is provided duty-free ac- U.S.C. 2703 note) is amended to read as fol- This proposal will prevent States cess to the U.S. market. I do not be- lows: from losing unexpended SCHIP allot- lieve that such simple processing is ‘‘(i) The term ‘base quantity’ means, with ments and allows States like Rhode Is- substantial enough to warrant the ben- respect to dehydrated alcohol and mixtures land, with efficient programs and a efit of getting duty-free access to the entered during any calendar year— high-level of need, to receive redistrib- U.S. market. In keeping with the origi- ‘‘(I) 90,000,000 gallons in the case of dehy- uted money. Without this proposal, the nal intent of the CBI, I believe that drated alcohol and mixtures produced in a overwhelming success of State SCHIP more meaningful economic activity distillation facility located in a beneficiary country that was established before, and in programs and quality health coverage should occur in the CBI region before a operation on July 1, 2004; and to millions of uninsured children will product qualifies for duty-free treat- ‘‘(II) 0 gallons in the case of dehydrated al- be jeopardized. ment. cohol and mixtures produced in any other Preserving the expiring funds is es- My bill would limit the opportunity distillation facility located in a beneficiary sential to guaranteeing that more than to exploit this special interest provi- country.’’.

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00135 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8752 CONGRESSIONAL RECORD — SENATE July 22, 2004 (c) EFFECTIVE DATE.—The amendments By Mr. DODD (for himself, Mr. actions weren’t able to proceed. And made by this section shall apply to calendar BENNETT, Mr. SCHUMER, Mr. construction workers and other hard- years beginning after 2004. HAGEL, Mr. REED, Mr. BUNNING, working Americans suddenly found Mr. CARPER, Mr. CRAPO, Mr. themselves economic victims of ter- By Mrs. CLINTON (for herself, REID, Mrs. DOLE, Mr. NELSON of rorism. Mr. GREGG, and Mr. REID): Nebraska, and Mr. CHAFEE): In short, we wrote TRIA for a very S. 2763. A bill to amend the Atomic 2764. A bill to extend the applica- simple reason: hundreds of thousands Energy Act of 1954 to clarify the treat- bility of the Terrorism Risk Insurance of American jobs and billions of dollars ment of accelerator-produced and other Act of 2002; to the Committee on Bank- of business investment hung in the bal- radioactive material as byproduct ma- ing, Housing, and Urban Affairs. ance. terial; to the Committee on Environ- Mr. DODD. Mr. President, I rise to We worked together on a bipartisan ment and Public Works. introduce important legislation which basis to pass this bill including signifi- Mrs. CLINTON. Mr. President, I rise I believe is vital to our economic secu- cant support from this administration to introduce the Dirty Bomb Protec- rity. I am proud to introduce this legis- which deserves its fair share of credit tions Acts along with Senators GREGG lation, the Terrorism Risk Insurance for enactment of the legislation in No- and REID. This bill directs the Nuclear Extension Act of 2004, with Senators vember 2002. Regulatory Commission, NRC, to con- BENNETT, SCHUMER, JACK REED, HAGEL, TRIA was created as a 3-year Federal trol key materials that could be used DOLE, BUNNING, CRAPO, CHAFEE, HARRY program to help make sure the part of in a dirty bomb. Unfortunately, some REID, and BEN NELSON. the commercial insurance market- of these materials are currently ex- As my colleagues know, the Senate place, disrupted by 9/11, could work empt from Federal control. hasn’t been a model of legislative pro- again. Most Americans don’t even This bill follows a prior bill that I in- ductivity this year. It has been a very know that TRIA provides a crucial eco- troduced with Senator GREGG in 2002, difficult year—there has been partisan nomic safety net for virtually every which was the first bipartisan legisla- gridlock on a whole host of issues. sector of our economy. Transportation, tion to propose improved domestic con- It is against this backdrop, the day real estate, utilities, construction, trols on materials that could be used in that we adjourn for 6 weeks for the Au- travel and tourism, and financial insti- a ‘‘dirty bomb.’’ This legislation was gust recess which includes both con- tutions are just a few of the sectors supported and acclaimed by inter- ventions and campaigning, that I am that need TRIA to protect them national dirty bomb experts. It pro- proud to speak about an issue that has against the economic devastation that vided for the safeguarding of radio- broad bipartisan support. That issue is would come because of a terrorist at- active material against use by terror- an extension of the Terrorism Risk In- tack. ists. The bill required proper tracking, surance Act. Under TRIA, the Government shoul- recovery, storage and export controls This critically important legislation ders a share of the financial risk of fu- for radioactive material. has a history of bipartisan support and ture attacks. This makes sense—these Since then, the IAEA Board of Gov- I am pleased to say that the robust attacks are against us as Americans, ernors accepted and its General Con- support on both sides of the aisle still against our democracy, our way of life. ference endorsed the revised ‘‘IAEA exists as we consider an extension of But TRIA also required insurers to Code of Conduct on the Safety and Se- the program. offer terrorism coverage on commer- curity of Radioactive Sources,’’ which The original TRIA legislation was cial policies. In addition, insurance reflects many of the elements in that not an easy undertaking. But we per- companies would have to bear an esca- bill. The heads of state and government severed, negotiated, and had a frank lating financial burden in future years. of the eight major industrialized de- exchange of views over numerous TRIA is working. This public-private mocracies, G8, and over 30 other coun- months and in the end, even though it ‘‘shared loss’’ mechanism is making tries have committed to implement the was at times a laborious, difficult proc- terrorism insurance available to all code. And at the Sea Island Summit ess, we produced a bipartisan bill that businesses at a reasonable cost. Under earlier this year, G8 leaders urged all garnered 86 votes in this body on this TRIA, in the event of another terrorist states to implement the code and rec- critically important issue. attack, private insurers will still ognize it as a global standard. I worked closely with Democratic shoulder tens of billions of dollars of Passage of the Dirty Bomb Protec- Senators SCHUMER, SARBANES, REED, terrorism related risk. tions Act would allow the U.S. to fully and CORZINE as well as Senators BEN- What TRIA does is act as a backstop implement the commitments of the NETT, HAGEL, PHIL GRAMM, and many to the private commercial property- code by providing the NRC with au- others on the Republican side to get casualty insurance system. It gives the thority to control a set of substances this critical bill passed. That is the market some certainty by establishing, for which they currently lack author- model that the Senate should follow by law, a limit to insured terrorism ity, including Radium-226 and other more often and that is the model that losses for the insurance industry and naturally occurring radioactive mate- we are following as we introduce a 2- the Federal Government. rials that for historical reasons have year extension of the Terrorism Risk The Mortgage Bankers Association remained outside of Federal control. Insurance Act today which will provide recently surveyed its 40 largest com- To control these materials, the bill in- continued economic security and sta- mercial/multi-family mortgage bank- structs the NRC to: (1) promulgate bility and avoid potential chaos in the ing firms. A substantial majority of final implementing regulations gov- aftermath of a terrorist attack. them believe that TRIA has made ter- erning such byproduct material; and (2) The September 11 tragedy resulted in rorism insurance both more available prepare and give public notice of a disbelief, devastation, and economic and less expensive. transition plan for State assumption of dislocation. An attack on our country But the Mortgage Bankers also noted regulatory responsibility for such ma- seemed unimaginable. Few believed that failure to extend TRIA would terial. any significant major terrorist attack probably hurt the commercial real es- I believe this bill represents an im- would occur, no less the one as horrific tate market. If we let TRIA expire, we portant step forward in our war against and devastating as the one on 9/11. will see the same uncertain environ- terror and our efforts to control access September 11 changed everything, ment we saw before TRIA. to materials that could be used to most visibly, of course, national and TRIA does not expire until the end of produce a dirty bomb. The language is homeland security policy. But Sep- 2005. Now some may wonder why I am identical to language that passed the tember 11 also fundamentally changed choosing today to join with Senator EPW Committee unanimously last the way insurers looked at terrorism BENNETT and others to introduce this year. I look forward to working with risks which suddenly started to resem- legislation to extend the program. Senator INHOFE and other Members of ble an act of war. As a result, after The answer is that we cannot wait the Senate, as well as the NRC, to ad- 9/11 the insurance market for terrorism until next year. vance this important legislation this nearly completely dried up. Coverage The economic safety net that TRIA year. was unavailable. Many financial trans- provides will begin to come apart as

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00136 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8753 early as this fall if Congress does not able; many types of financial trans- does not exist for part of the coverage act. actions were unable to proceed; hard- period. In the next few months, commercial working Americans suddenly found Because commercial insurers must insurers and their policyholders will themselves economic victims of ter- make terrorism coverage available for begin negotiating new policies. But any rorism. policies written at any time during 12–month policy taken out after Jan 1 With broad, bipartisan support, Con- 2005, insurers and policyholders will be will include at least some time where gress enacted TRIA in November 2002. exposed to risk that they continue to TRIA doesn’t exist if we let it expire. TRIA was designed to be a temporary, be unable to carry during the part of If we let TRIA expire, business con- 3-year program to bring stability and the coverage term that runs beyond sumers are going to have a hard time functionality back to an essential sec- TRIA. Policyholders, state insurance getting the coverage they need. That tor of the commercial insurance mar- regulators and insurers understand can only hurt our economy, and I’m ketplace which ceased to exist after 9/ that this potential mismatch between sure that all Senators share the goal of 11. policy periods and TRIA’s expiration growing our economy. Fortunately, TRIA is working as in- makes it absolutely critical that Con- If we don’t act this year, insurers tended. Terrorism insurance is avail- gress acts this year to extend TRIA be- will have to evaluate every policy as if able to all businesses at a reasonable yond December 31, 2005. the backstop will not exist for part of cost. Under TRIA, in the event of fur- Failure to extend TRIA beyond its the coverage period. ther terror attacks, private insurers current sunset date of December 31, Senator BENNETT and I and other col- will cover tens of billions of dollars of 2005, will create tremendous uncer- leagues propose a 2-year extension this terrorism-related risk. TRIA acts as a tainty and potential market upheaval year. That will help avoid destabilizing backstop to the private commercial for both commercial policyholders and the insurance market, and, in turn, the property-casualty insurance system insurers beginning as early as this fall, national economy. It will give Con- and provides some market certainty by when annual policies for coverage gress, insurers, businesses, and Govern- establishing statutory caps for insured starting after January 1, 2005, are con- ment officials time to gather all avail- terrorism losses. sidered and negotiated. able, relevant data. TRIA has enabled billions of dollars Insurers and their policyholders al- Collecting that data—without fear of of real estate and other business trans- ready are beginning to negotiate market disruption—will help all of us actions previously stalled to go for- terms, prices and provisions for policy develop a more permanent solution for ward without threatening the solvency contracts that will renew beginning in managing our Nation’s economic expo- of the commercial enterprises involved January 2005 and extend into 2006. Un- sure to catastrophic terrorism. or their insurers. A recent Mortgage less TRIA is extended in 2004, policy- I know there is plenty of partisan Bankers Association, MBA, survey of holders whose coverage extends into tension in the Senate this year. But its 40 largest commercial/multifamily 2006, and their insurers, will not know keeping our country safe from the eco- mortgage banking firms revealed that whether TRIA’s financial backstop will nomic devastation of a terrorist attack a substantial majority of those survey exist for the full term of their cov- is a critical priority. It is too impor- respondents believe that TRIA has erage. This will make it difficult, if not tant to be affected by partisan politics. made terrorism insurance both more impossible, to accurately price such We didn’t let that happen last time, available and less expensive. Failure to coverage and is likely to dramatically and I hope everyone can work on a bi- extend TRIA with the uncertainties reduce the availability of terrorism in- partisan basis and follow the bipartisan that still exist in the insurance mar- surance to business consumers. Such an outcome can only harm the eco- model—rare in this body these days—to ketplace would likely have an adverse nomic recovery underway. make sure it doesn’t happen this time. impact on the commercial real estate A full 2-year extension this year will Mr. BENNETT. Mr. President, I rise market by recreating the pre-TRIA en- help avoid destabilizing the insurance today to introduce legislation with my vironment that had led to rating agen- market, and, in turn, the national friend and colleague Senator DODD to cy downgrades of commercial mort- economy, and will enable Congress, in- temporarily extend the Terrorism Risk gage-backed securities due to lack of surers, businesses and Government offi- Insurance Act. Senator DODD was the adequate terrorism insurance. cials to gather all available relevant author of the Terrorism Risk Insurance TRIA does not currently expire until data—including market data from all Act, or TRIA, which was enacted in year-end 2005—which may cause some three years of TRIA as insurer 2002, and I am joining with him in a bi- to wonder why we are introducing leg- deductibles rise from 7 percent of prior partisan effort to extend this critically islation today to extend the program year commercial premiums in 2003 to 15 important legislation this year. by 2 years now. In truth, the economic percent of such premiums in 2005. Con- As a result of the devastating at- safety net that TRIA provides will gressional action now will avoid a pre- tacks of 9/11 and a nonexistent ter- begin to fray as early as this fall if mature expiration of the Federal back- rorism reinsurance market in its wake, Congress does not act. Because insurers stop in 2005 and help ensure the eco- TRIA was enacted to provide a tem- are now required to make terrorism nomic recovery maintains its pace. porary economic safety net to our pri- coverage available throughout the life Mr. SCHUMER. I am very pleased to vate insurance market. This temporary of the program—a decision rendered by join Senators DODD and BENNETT and backstop helped economic growth get the Treasury Department earlier this others in introducing a bill to extend back on track after the shock of 9/11. summer—there is a very real mismatch the Terrorism Risk Insurance Act of Under current market conditions TRIA between TRIA’s hard end-date and the 2002 for 2 years. I was actively engaged is essential to the continued growth of commercial insurance policies that in the formulation of the act and this nearly every sector of our economy— will be written in the next few months. bill. transportation, energy, real estate, TRIA currently has a ‘‘hard’’ end This is important, urgently needed construction, travel and tourism, lodg- date, which means that the backstop legislation. There is a strong consensus ing, health care, financial institutions, expires December 31, 2005. However, in- among the affected parties that the act public entities, manufacturing, and re- surance policies that rely on TRIA are should be extended now. The act, with- tail. written every day of the year, gen- out the extension, would expire at the TRIA came into existence for a very erally for a 12–month term, although end of 2005. simple reason: hundreds of thousands some commercial property policies There is a mismatch. Unless TRIA is of American jobs—and billions of dol- covered by TRIA are multiyear. There- extended this year, it will be very dif- lars in business transactions—hung in fore, policies written after January 1, ficult, if not impossible, to accurately the balance due to uncertainty in the 2005, will have a coverage term that ex- price coverage on policies that extend insurance markets. The September 11 tends beyond the life of the TRIA Fed- into 2006. This will likely significantly attacks fundamentally altered the way eral backstop. As a result, insurers will reduce the availability of terrorism insurers looked at terrorism risks. As a have no choice but to evaluate every coverage. That lack of coverage could result, the insurance market for ter- policyholder considered for coverage adversely affect the economy and the rorism dried up; coverage was unavail- during this period as if the backstop economic recovery.

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00137 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8754 CONGRESSIONAL RECORD — SENATE July 22, 2004 TRIA is working. The General Ac- S. 2765 To address these problems, my legis- counting Office has found that: ‘‘TRIA SECTION 1. AMENDMENTS RELATING TO INTER- lation would reduce the high prices of has improved the availability of ter- NATIONAL FINANCIAL POLICY. prescription drugs to seniors by: one, rorism insurance, especially for some (a) BILATERAL NEGOTIATIONS.—Section allowing the Secretary of Health and 3004(b) of the Exchange Rates and Inter- Human Services, HHS, to negotiate high-risk policyholder.’’ national Economic Policy Coordination Act Fortunately, there have been no ter- of 1988 (22 U.S.C. 5304(b)) is amended in the prescription drug prices with manufac- rorism events on U.S. soil since 9/11. second sentence by striking ‘‘(1) have mate- turers; and two, eliminate the coverage We all know that we are under a con- rial global account surpluses; and (2)’’. gap in the Medicare Prescription Drug stant threat and TRIA continues to be (b) REPORT.—Section 3005(b) of the Ex- Program. The bill’s $400 billion price necessary. change Rates and International Economic tag over the next 10 years would be off- I noted on the Senate floor when Policy Coordination Act of 1988 (22 U.S.C. set by, three, reducing medical errors, TRIA was passed in 2002 that Govern- 5305(b)) is amended— increasing the use of medical tech- (1) by striking ‘‘and’’ at the end of para- ment is going to have to play a larger nology, and, four, increasing the use of graph (7); non-physician providers in primary and role. TRIA establishes a public-private (2) by striking the period at the end of partnership on terrorism insurance. paragraph (8) and inserting ‘‘; and’’; and preventive health care. The private sector could not solve this (3) by adding at the end the following: Prescription Drug Negotiation: This problem alone in 2002, plain and simple, ‘‘(9) a detailed explanation of the test the legislation would repeal the prohibi- and it still cannot do so. We can quib- Secretary uses to determine if a country is tion against interference by the Sec- ble about how much and where that manipulating the rate of exchange between retary of HHS with negotiations be- Federal role should be, but it is defi- that country’s currency and the dollar for tween drug manufacturers, pharmacies, purposes of preventing effective balance of nitely needed. and prescription drug plan sponsors payments adjustments or gaining an unfair and instead authorize the Secretary to This nonpartisan bill is essentially a advantage in international trade.’’. 2-year extension of TRIA. The changes negotiate contracts with manufactur- that are made are minor, they include: By Mr. SPECTER: ers of covered prescription drugs. It extending the ‘‘make available’’ provi- S. 2766. A bill to amend part D of will allow the Secretary of HHS to use Medicare’s large beneficiary population sion; including group life insurance title XVIII of the Social Security Act to leverage bargaining power to obtain policies under the act; gradually ad- to authorize the Secretary of Health lower prescription drug prices for justing the aggregate industry loss and Human Services to negotiate for lower prices for Medicare prescription Medicare beneficiaries. level used to determine mandatory Price negotiations between the Sec- drugs and to eliminate the gap in cov- recoupment; providing for a 1 year retary of HHS and prescription drug erage of Medicare prescription drug ‘‘soft landing’’ for policies written be- manufacturers would be analogous to benefits, to reduce medical errors and fore December 31, 2007; and requiring a the ability of the Secretary of Veterans increase the use of medical technology, study addressing long-term solutions Affairs to negotiate prescription drug to increase services in primary and pre- to terrorism exposure. These are prices with manufacturers. This bar- worthwhile modifications. ventive care by non-physician pro- gaining power enables veterans to re- The bottom line is a simple one, and viders, and for other purposes; to the ceive prescription drugs at a signifi- that is, our No. 1 goal should be keep- Committee on Finance. cant cost savings. ing the economy on track in this brave Mr. SPECTER. Mr. President, I have In my capacity as chairman of the new post-9/11 world. If that means al- sought recognition today to introduce Veterans’ Affairs Committee, I intro- tering the balance between Govern- the Prescription Drug and Health Im- duced the Veterans Prescription Drugs ment and private involvement, so be it. provement Act of 2004, which is legisla- Assistance Act, S. 1153, which was re- TRIA has worked in New York City. tion designed to reduce the high prices ported out of committee on June 20, It has translated into thousands of jobs of prescription drugs. Americans, spe- 2004. and desperately needed economic activ- cifically senior citizens, pay the high- This legislation would broaden the ity for the city, the region, and the en- est prices in the world for brand-name ability of veterans to access the Vet- tire country. If G-D forbid, there is an- prescription drugs. With 43 million un- erans Affairs Prescription Drug Pro- other terrorism catastrophe in this insured Americans and many more sen- gram. All Medicare-eligible veterans country I have no doubts that the Gov- ior citizens without an adequate pre- will be able to purchase medications at ernment will provide the needed aid. scription drug benefit, filling a doctor’s a tremendous price reduction through TRIA addresses part of that effort in prescription is unaffordable for many the Veterans Affairs’ Prescription Drug an orderly manner. Our clear hope is people in this country. The United Program. In many cases this would that we will never again experience ca- States has the greatest health care sys- save veterans who are Medicare bene- tastrophes that make this bill nec- tem in the world; however, too many ficiaries up to 90 percent on the cost of essary. seniors are forced to make difficult commonly prescribed medications. I am hopeful that this bill can be choices between life-sustaining pre- Similar savings would be available to quickly considered by the Banking scription drugs and daily necessities. America’s seniors from the savings Committee, passed by the Senate and The Centers for Medicare and Med- achieved using the HHS bargaining House, and enacted into law this year. icaid Services estimate that in 2003 per power, like the Veterans Affairs bar- capita spending on prescription drugs gaining power for the benefit of vet- By Ms. SNOWE (for herself, Mr. rose approximately 12 percent, with a erans. VOINOVICH, and Mrs. DOLE): similar rate of growth expected for this Medicare Coverage Gap Elimination: S. 2765. A bill to amend the Exchange year. Much of the increase in drug The bill would eliminate the coverage Rates and International Economic Pol- spending is due to higher utilization gap, also known as the ‘‘doughnut icy Coordination Act of 1988 to clarify and the shift from older, lower cost hole,’’ for beneficiaries in the Medicare the conditions under which the Sec- drugs to newer, higher cost drugs. How- prescription drug program. Beginning retary should enter into negotiations ever, rapidly increasing drug prices are in January 2006, Medicare beneficiaries to correct currency manipulations by a critical component. with an individual income of over other countries; to the Committee on High drug prices, combined with the $13,470 and couples with an income over Banking, Housing, and Urban Affairs. surging older population, are also tak- $18,180, 150 percent of the poverty level, Ms. SNOWE. Mr. President, I respect- ing a toll on State budgets and private will pay a monthly premium, approxi- fully request that the attached bill be sector health insurance benefits. Med- mately $35, a $250 deductible, and coin- printed in the RECORD as introduced. If icaid spending on prescription drugs in- surance of 25 percent up to an initial you have any questions about this re- creased at an average annual rate of coverage limit of $2,250, but then do quest, please contact Rob Weissert at nearly 20 percent between 1998 and 2001. not receive coverage until they exceed 4–0216. Until lower priced drugs are available, $5,100 of total spending. Specifically, There being no objection, the text of pressures will continue to squeeze pub- Medicare beneficiaries will have to the bill was ordered to be printed in lic programs at both the State and make out-of-pocket payments for pre- the RECORD, as follows: Federal level. scription drug purchases from $2,250 to

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00138 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8755 $5,100 in total spending. After $5,100 in ical errors, I included $50 million in the The savings from this provision is esti- total spending, the coinsurance pay- fiscal year 2001 Senate Labor, Health mated at $250 billion over a 10-year pe- ment for those beneficiaries is 5 per- and Human Services and Education for riod. cent. Medicare beneficiaries below 150 a patient safety initiative. In the Sen- I believe this bill can provide des- percent of the poverty level do not ate report, I also directed the Agency perately needed access to inexpensive, have a gap in drug coverage. My legis- for Healthcare Research and Quality, effective prescription drugs for Amer- lation would eliminate the gap in cov- AHRQ, to: one, develop guidelines on ica’s seniors. The time has come for erage for those over 150 percent of the the collection of uniform error data; concerted action in this arena. I urge poverty level in the Medicare prescrip- two, establish a competitive dem- my colleagues to move this legislation tion drug program, by extending the 25 onstration program to test ‘‘best prac- forward promptly. percent beneficiary coinsurance pay- tices’’; and three, research ways to im- ment from $2,250 to $5,100 in total prove provider training. By Mr. SPECTER: spending. The committee also directed AHRQ S. 2767. A bill to provide an economic This provision comes at an expected to prepare an interim report to Con- stimulus; to the Committee on Fi- cost of $400 billion over 10 years, which gress concerning the results of the nance. will be paid for through savings from demonstration program within 2 years Mr. SPECTER. Mr. President, I seek reducing medical errors, increasing the of the beginning of the projects. The recognition today to introduce the use of medical technology, and increas- fiscal year 2002 Senate report directed Small Business Economic Stimulus ing the use of non-physician providers AHRQ to submit a report detailing the Act of 2004. In recent months, there in primary and preventive health care. results of its initiative to reduce med- have been clear signs that America’s Reducing Medical Errors and Increas- ical errors. HHS combined both reports economic downturn has ended and that ing the Use of Medical Technology: The into one, which it submitted to me ear- we are entering a period of renewed bill provides grants for demonstration lier this year. growth and prosperity. Yet not all of programs to test best practices for re- Since fiscal year 2001, the Labor/HHS the economic news has been good. As I ducing errors, testing the use of appro- Subcommittee has included within the travel through Pennsylvania, I still priate technologies to reduce medical Agency for Healthcare Research and hear from too many companies that errors, such as electronic medication Quality funding for research into ways they cannot afford to make needed in- systems, and research in geographi- to reduce medical errors. The fiscal vestments in equipment or research at cally diverse locations to determine year 2002 appropriation was $55 million, this time. As they postpone such in- the causes of medical errors. The im- in fiscal year 2003 another $55 million vestments, they also push off into the plementation of automated prescrip- was provided, and in fiscal year 2004 future the economic growth and oppor- tion drug dispensers will prevent ad- the appropriation was increased to tunity that would flow from them. As a verse drug reactions, which in turn can $79.5 million. result, I continue to meet far too many cause further illness resulting in in- The bill seeks to assist development Pennsylvanians who are out of work. creased care needed to correct the of private sector technology standards Thus while the economy is improving, error. The utilization of electronic to reduce medical errors by examining it is still incumbent upon us in Con- records will reduce the incidence of re- information technology, providing gress to do everything in our power to peat medical tests, which will result in grants, and coordinating implementa- aid this recovery and grow jobs. There significant cost savings. tion by private sector entities. This is more we can do. On November 29, 1999, the Institute of would help ensure that this Federal in- The bill I introduce today, the Small Medicine, IOM, issued a report entitled vestment will help further the national Business Economic Stimulus Act of ‘‘To Err is Human: Building a Safer health information infrastructure by 2004, will help American companies Health System.’’ The IOM report esti- sharing the information collected take the steps they need to grow and mated that anywhere between 44,000 through these demonstration projects hire. Since small businesses create ap- and 98,000 hospitalized Americans die with other health facilities nationally. proximately 75 percent of new jobs in each year due to avoidable medical These efforts would help reduce med- America, my bill focuses on the needs mistakes. However, only a fraction of ical errors and bring the Nation’s of small business in particular. My bill these deaths and injuries are due to health systems into the 21st century has three parts. Part one renews and negligence. Most errors are caused by with a projected cost savings of $150 extends three tax provisions which are system failures. The IOM issued a com- billion over 10 years. crucial to encouraging new invest- prehensive set of recommendations, in- Primary and Preventive Care Serv- ments in R&D and equipment. Part two cluding the establishment of a nation- ices: The bill includes provisions for provides greater resources to trade of- wide, mandatory reporting system; in- the use of nonphysician providers such fices and trade promotion with a par- corporation of patient safety standards as nurse practitioners, physician as- ticular emphasis on programs that will in regulatory and accreditation pro- sistants, and clinical nurse specialists enable America’s small businesses to grams; and the development of a non- by increasing direct reimbursement better compete in foreign markets. punitive ‘‘culture of safety’’ in health under Medicare and Medicaid without Part three creates a structure for asso- care organizations. The report called regard to the setting where services are ciation health plans which will enable for a 50-percent reduction in medical provided. The services provided by non- small businesses to negotiate less ex- errors over 5 years. physician providers would insure that pensive health plans for their employ- After the report was issued, I held a patients would receive benefits and ees, thereby saving money while con- series of three Labor, Health and services to which they are entitled tinuing to provide coverage. Together, Human Services Appropriations Sub- without compromising the high stand- these provisions amount to a targeted, committee hearings on medical errors: ards of medical care. The use of these measured, yet crucial shot in the arm Dec. 13, 1999—to discuss the findings of health care professionals would provide for American small business and the the Institute of Medicine’s report on a significant cost savings to health American economy. medical errors; Jan. 25, 2000—a joint care systems. The bill I introduce today will per- hearing with the Committee on Vet- The bill creates a medical student tu- manently extend the research and de- erans’ Affairs to discuss a national torial program providing grants to en- velopment tax credit. The R&D tax error reporting system and the VA’s courage students early on in their med- credit, which expired on June 30, has national patient safety program; Feb. ical training to pursue a career in pri- proven to be of enormous value to 22, 2000—a joint hearing with the mary care and provides grant assist- American business. We all understand Health, Education, Labor and Pensions ance to medical training programs to the importance of research and devel- Committee to discuss the administra- recruit such students. This program is opment to the American economy. tion’s strategy to reduce medical er- advantageous for medical students by Most leading American companies owe rors. providing valuable primary care expe- their market dominance to the innova- After hearing from Government wit- rience, while offering services at a tions coming from R&D labs. Yet R&D nesses and experts in the field on med- lower cost to primary care facilities. is expensive, and it is often among the

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00139 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8756 CONGRESSIONAL RECORD — SENATE July 22, 2004 first items to be cut when budgets get which simply could not afford these in- for example, it is extremely advan- tight. The R&D tax credit serves Amer- vestments under standard depreciation tageous to have a full-time sales rep- ica by providing an economic incentive face a dramatically altered balance resentative on the ground there. Yet to companies to continue to invest in sheet once the accelerated depreciation few small businesses can afford to hire the R&D that will provide the growth is factored in. Investments that did not full-time representatives and send and opportunities of the future. previously make economic sense will them to China. The antitrust exemp- Studies have shown that the R&D tax now be economically advantageous. As tions in the Export Trading Company credit significantly increases research these investments are made, companies Act of 1982 would enable a group of and development expenditures. The will grow and hire. This change in the small businesses to band together to marginal effect of $1 of the research balance sheet will reap a concrete ben- hire a sales representative, open an of- credit creates approximately $1 of addi- efit in jobs and growth. fice, and pursue the other necessities of tional private research and develop- In addition, my legislation extends international trade. ment spending in the short-run, and as the section 179 exclusion at the current The Export Trading Company Act is much as $2 of extra R&D spending in level of $100,000 through December 2007. good legislation which solves a critical the long run. This is good for the This is another esoteric sounding pro- problem. Yet few American businesses American economy and the American vision that will produce very real eco- exploring international trade are aware taxpayer. In fact, one study estimates nomic benefits. Under this provision, of the opportunities under this act, let that a permanent research credit would companies can immediately expense, alone take advantage of them. As a re- result in our gross domestic product in- that is, recognize as an expense to be sult, the enormous economic opportu- creasing by $10 billion after 5 years and deducted from revenues for tax pur- nities created by this law continue to by $31 billion after 20 years. poses, up to $100,000 invested in equip- go unrealized. I think that a minimal In addition, the extension of the R&D ment and machinery. The standard sec- investment in marketing and pro- tax credit will have benefits beyond the tion 179 deduction is only $25,000. Once moting this act will pay for itself many purely economic. For example, the re- again, this provision will have the ef- times over in increased exports, growth search and development tax credit has fect of making investments economi- and jobs. proven to be critical to the U.S. bio- cally advantageous when they other- Finally, my bill includes a provision medical research arena. The tax credit wise would not be. The greater capital that will enable small businesses to has contributed to many successes in investment thereby fostered will lead join together to negotiate more afford- U.S. scientific research and innovation, to greater growth and job opportuni- able health care plans for their em- such as rapid progress in finding cures ties. ployees. This provision will provide an for life threatening diseases such as Beyond these tax incentives, my bill enormous economic boost to America’s AIDS, cancer and multiple sclerosis. also seeks to help American business businesses—with the saving they gain Today’s diseases—Alzheimer’s, AIDS, through our trade policy. My legisla- from better health insurance rates heart, liver and kidney disease, pros- tion focuses on two programs in par- they can invest, grow and hire. Yet this tate cancer and arthritis—are complex ticular which help small businesses provision also provides clear benefits and are in the final stages for research find markets for their products abroad. beyond the purely economic. By mak- breakthroughs. If we allow the incen- My bill includes an increase in funding ing health insurance more affordable, tives to invest in medical progress to of $27 million for the U.S. Trade and this provision will help reverse the lapse, the consequence may be irrev- Development Agency, USTDA. The growth in the ranks of the uninsured. ocable and society may rue that deci- USTDA has proven to be critical to According to a poll conducted by the sion for years to come. small businesses seeking to sell their Kaiser Family Foundation, Americans Given the importance of the R&D tax products abroad. The USTDA helps worry more about rising health care credit, it makes little sense for Con- American businesses study and identify costs than they do about terrorist at- gress to continue to renew it for short opportunities in foreign markets so tacks. There is a reason for such con- terms. The investment of funds in re- that they can determine which options cern. More than 43 million Americans search and development is not a tem- will be profitable. To a small American under age 65 lack health insurance cov- porary fix but something that should business facing a very large global erage. The ranks of the uninsured con- be consistently encouraged. Towards economy, the USTDA serves as an ac- sist primarily of working families with this end, my bill permanently extends cessible and inexpensive international low and moderate incomes—not just the R&D tax credit. Such a permanent sales department. the unemployed. Nearly 26 million in- extension will send a strong signal to USTDA’s unique public-private part- dividuals are employed and still are American companies that the value of nership truly extends the effectiveness without health care coverage. R&D is recognized here in Washington. of taxpayers’ dollars. Historically, $35 My bill will give small businesses the The permanent extension will also pro- worth of exports are generated for same market-based advantages when vide greater certainty to companies every dollar invested by USTDA. As a negotiating health insurance for their seeking to make plans years in ad- result, $21 billion in U.S. exports have employees that large companies and vance. been shipped overseas in concert with unions currently enjoy. As independent My legislation will also renew two USTDA’s programs. entities, small businesses have little less well known but important tax pro- My legislation also includes $5 mil- leverage when they negotiate with visions which encourage capital invest- lion in funding to promote the benefits health insurance providers, and the sit- ments. My bill extends for another available under the Export Trading uation they face is often one of take it year a provision that allows companies Company Act of 1982. This legislation or leave it. Even when small businesses to take an immediate 50-percent depre- was enacted to stimulate U.S. exports band together in local purchasing ciation on purchases of qualified equip- by authorizing the Secretary of Com- pools, the group is often not large ment and machinery. This accelerated merce to issue export trade certificates enough to attract new insurance com- depreciation is currently set to expire of review to groups of small businesses. panies with less expensive plans. in December, 2004; equipment pur- A certificate of review protects the My act will allow small businesses to chased thereafter would be subject to holder and the members identified in join together in large national pools standard depreciation tables. My bill the certificate from State and Federal under the auspices of bona fide associa- provides that necessary equipment pur- Government antitrust actions and from tions and either purchase insurance chased between December 2004 and De- private treble damage antitrust actions from a provider or self-insure the same cember 2005 will continue to qualify for for the export conduct specified in the way that large employers and unions the accelerated depreciation. certificate and carried out in compli- do. For example, the American Res- The availability of accelerated depre- ance with its terms and conditions. taurant Association could negotiate a ciation—especially at the high rate of Given the realities of international plan on behalf of the hundreds of thou- 50 percent—makes an enormous dif- trade, these antitrust exemptions are sands of employees who work for its ference to companies contemplating crucial. In order to compete in a chal- member businesses. Once the plan is in large capital investments. Companies lenging foreign market such as China, place, each individual restaurant could

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00140 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8757 choose to participate in this plan at authority established under the Alaska Mr. DASCHLE. Mr. President, recent much better rates than they could ever National Interest Lands Conservation media reports indicate that at least have negotiated on their own. Act, ANILCA, which permits land man- two companies are actively considering I thank Senator SNOWE for her lead- agement agencies like the National plans to import Brazilian ethanol into ership and hard work on this issue of Park Service to hire, on a noncompeti- the United States duty-free through association health plans. On March 6, tive basis, Alaskans who by reason of the Caribbean Basin. These reports 2003, Senator SNOWE introduced S. 545, having lived or worked in or near pub- have generated understandable anxiety the Small Business Health Fairness lic lands in Alaska, have special knowl- within the farm community. Act of 2003. This long and very detailed edge or expertise concerning the nat- Cargill, the Minnesota-based agri- bill addresses all of the issues needed ural or cultural resources of public business giant, has confirmed that it is to make association health plans a re- lands and the management thereof. considering importing 63 million gal- ality. I signed on as a cosponsor of S. Tom O’Hara possessed this knowl- lons of Brazilian ethanol into the 545 on June 9, 2003, and I have included edge and offered it freely to the Na- United States each year. And it has the text of S. 545 in my bill. tional Park Service. But because he been reported that Chevron-Texaco, It is my sincere hope that the eco- was hired under this special authority, one of the largest oil companies in the nomic recovery will continue and will his opportunities for transfer and pro- United States, is planning construction pick up steam in the months to come. motion within the Park Service were of a plant that will enable it to import There is great reason for optimism. limited, even though his service was 50 million to 100 million gallons of eth- But our optimism must not blind us to exemplary. anol. Farmers in South Dakota and the continuing problems that Ameri- As a lasting memorial to Tom throughout the Midwest are concerned cans face. There are measures that O’Hara’s exemplary career, I am intro- that such import schemes could threat- Congress can take—today—which will ducing legislation today that will en the growth of the domestic ethanol help our businesses to grow, hire new grant competitive status to ANILCA industry and undermine our effort to employees, and provide health insur- local hire employees who hold perma- establish ethanol as a major domestic nent appointments with the Federal ance to these employees at a more af- energy source. They should be con- land management agencies after the fordable rate. These measures will, in cerned. These import plans would es- completion of 1 year of satisfactory the long run, more than pay for them- tablish a dangerous precedent for other service. In Tom’s honor, the short title selves. We must take these steps and importers and dramatically undercut of this legislation is the Thomas P. do our part. I hope that my colleagues the ability of the pending Renewable O’Hara Public Land Career Oppor- will join me in supporting the Eco- Fuels Standard to enhance our na- nomic Stimulus Act of 2004. tunity Act of 2004. tional energy security and boost farm It is my sincere hope that the enact- By Ms. MURKOWSKI: income. ment of this legislation will encourage The key to the next growth spurt in S. 2768. A bill to provide competitive other Alaskans, particularly Alaska the domestic ethanol industry is bipar- status to certain Federal employees in Natives, to follow in Tom O’Hara’s tisan legislation I wrote with Senator the State of Alaska; to the Committee footsteps and seek lifelong careers with DICK LUGAR (R–IN) that would set man- on Energy and Natural Resources. the Federal land management agen- datory annual production targets for Ms. MURKOWSKI. Mr. President, cies. ethanol for the next 10 years. Senator this is the third occasion on which I I ask unanimous consent that the LUGAR and I proposed the Renewable have spoken to the Senate about the text of this legislation be printed in Fuels Standard, or RFS, 4 years ago as life and accomplishments of the late the RECORD. a means to grow the domestic ethanol Thomas P. O’Hara, an Alaskan hero. There being no objection, the text of industry in a way that both encourages Thomas P. O’Hara was a protection the bill was ordered to be printed in investment in new community-sized ranger and pilot for the National Park the RECORD, as follows: ethanol facilities and expands markets Service, assigned to the Katmai Na- S. 2768 for farmers. We remain hopeful that tional Park and Preserve in the Bristol Be it enacted by the Senate and House of Rep- this proposal will clear Congress before Bay region of western Alaska. On De- resentatives of the United States of America in adjournment this year. cember 19, 2002, Ranger O’Hara and his Congress assembled, Under our proposed RFS, domestic passenger, a Fish and Wildlife Service SECTION 1. SHORT TITLE. ethanol demand would grow from 3 bil- employee, were on a mission in the This Act may be cited as the ‘‘Thomas P. O’Hara Public Land Career Opportunity Act lion gallons per year in 2004 to more Alaska Peninsula National Wildlife than 5 billion gallons in 2012, providing Refuge. Their plane went down on the of 2004’’. SEC. 2. COMPETITIVE STATUS FOR CERTAIN FED- ethanol plants and farmers with a tundra. ERAL EMPLOYEES IN THE STATE OF steady growth schedule that encour- When the plane was reported over- ALASKA. ages investment in this domestic in- due, a rescue effort consisting of 14 sin- Section 1308 of the Alaska National Inter- dustry. This RFS would create over gle-engine aircraft, an Alaska Air Na- est Lands Conservation Act (16 U.S.C. 3198) is 214,000 jobs, increase farm income by tional Guard plane, and a Coast Guard amended— (1) by redesignating subsections (c) and (d) $1.3 billion annually, and save the U.S. helicopter quickly mobilized. Many of $4 billion in imported oil each year. the single-engine aircraft were piloted as subsections (d) and (e); and (2) by inserting after subsection (b) the fol- Plans to import ethanol threaten by Tom’s friends. The wreckage was lo- lowing: these benefits by injecting an element cated late in the afternoon of Decem- ‘‘(c) COMPETITIVE STATUS.—An individual of market uncertainty into the RFS ber 20. The passenger survived the appointed to a permanent position under discussion that could dampen invest- crash, but Ranger Tom did not. subsection (a) shall, after the completion of ment in community-sized ethanol fa- Tom O’Hara was an experienced pilot 1 year of service, be considered to have com- cilities. Ethanol importation would put with 11,000 hours as a pilot-in-com- petitive status and shall enjoy the rights, the producers of Brazilian sugarcane in mand. He was active in the commu- privileges, and benefits of employees holding competitive status, including the rights, direct competition with American corn nities of Naknek and King Salmon privileges, and benefits relating to pro- growers. That is why today Senators where he grew up, flying children to motion and transfer.’’. LUGAR, HAGEL, NELSON, and I are intro- Bible camp and coaching young wres- ducing legislation to clarify that eth- tlers. Tom provided a strong link be- By Mr. DASCHLE (for himself, anol imports will not count toward the tween the residents of Bristol Bay and Mr. LUGAR, Mr. HAGEL, and Mr. RFS targets. This bill will ensure that the National Park Service. NELSON of Nebraska): farmers and domestic ethanol investors Although Tom O’Hara was a most S. 2769. A bill to provide that im- will get the full benefit of the RFS, and valued employee of the National Park ported ethanol shall not count toward it tells Cargill and Chevron account- Service, he did not enjoy the same sta- satisfaction of any renewable fuel ants not to count on the new demand tus as National Park Service employ- standard that may be enacted; to the created by the Renewable Fuels Stand- ees with competitive career status. Committee on Environment and Public ard to justify any scheme to import Tom was hired under a special hiring Works. ethanol.

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00141 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8758 CONGRESSIONAL RECORD — SENATE July 22, 2004 I understand that corporate execu- against the Department of the Interior. call to all civic-minded Americans to tives feel an obligation to their share- On April 5, 2004, Mr. Balaran made demand that fairness be restored to the holders. My obligation is to South Da- some very serious charges against the administration of Indian trust ac- kota farmers, ethanol producers, and Department of the Interior in his offi- counts. I sincerely hope that, given the motorists who view increased ethanol cial letter of resignation. He alleged track record of the past 10 years, an demand as a means to establish greater that energy companies, abetted by the independent panel of distinguished control over their economic and energy Department of the Interior, routinely Americans will be given an opportunity future. pay Indian people less than they pay to succeed where the executive and leg- I have fought my entire public career others for oil and gas easements. He islative branches have fallen short. against outright opposition and indif- further alleged that Interior officials Their review will at least get to the ference from the giant corporate inter- regularly put the interests of private bottom of Mr. Balaran’s charges. And ests whose balance sheets don’t con- companies ahead of the Department’s perhaps we can use the results of this sider the value-added contribution of fiduciary responsibility to Indian peo- examination to generate momentum local economic development. This situ- ple. for exploring the larger trust issues. ation is no different. As a result of our These are disturbing charges leveled I ask unanimous consent that Mr. efforts, Chevron won’t get to import as by an individual knowledgeable about Balaran’s letter of resignation and the much oil and refine and sell as much the long history of trust mismanage- text of the bill be printed in the high-priced gasoline as they may like, ment. Congress must get to the bottom RECORD. and Cargill won’t get to import ethanol of this situation to fully satisfy our There being no objection, the mate- and compete against South Dakota own fiduciary responsibility to Indian rial was ordered to be printed in the producers. people. RECORD, as follows: The RFS program is designed to It is clear that neither the executive APRIL 5, 2004. Re: Cobell v. Norton, No. 96–1285. stimulate domestic production and en- branch nor the Congress’s hands are hance U.S. energy security, not to cre- clean on the trust management issue. Hon. ROYCE C. LAMBERTH And this not a partisan failure. It is a U.S. District Court for the District of Columbia, ate a market opportunity for foreign Washington, DC. ethanol. The bill I am introducing governmentwide failure that requires DEAR JUDGE LAMBERTH: I hereby tender my today will help make sure that rural independent review. resignation as Special Master in the Cobell communities are able to attract invest- I am, therefore, today introducing case, effective the close of business on April ment capital to produce clean burning legislation to create a National Com- 5, 2004. energy, create quality jobs for their mission on American Indian Trust This is an extraordinarily important case. kids, and expand local tax bases to ac- Holdings. This Commission will be I have been privileged to work on it. For the commodate better schools and commu- unique in several respects. First, it will past several months, however, my efforts nity services. be composed of 10 prominent U.S. citi- have been undermined by a series of motions zens. Two individuals will each be ap- lodged by the Department of the Interior— Mr. President, I ask unanimous con- one of Cobell’s two co-defendants—seeking sent that the text of the bill and addi- pointed by the President, Senate ma- my disqualification. tional material be printed in the jority leader, Senate minority leader, It is evident Interior will continue filing RECORD. Speaker of the House, and House mi- such motions, preventing the case from mov- Mr President, I ask unanimous con- nority leader to place the Commission ing forward. The agency’s motivation is sent that additional material be print- beyond politics. Second, it will have clear. In recent months, I have reported evi- dence of a practice—abetted by Interior—of ed in the RECORD. the resources to hire the technical ex- pertise needed. Professionals with ex- energy companies routinely paying indi- There being no objection, the bill was vidual Indians much less than they pay non- ordered to be printed in the RECORD, as pertise in land and resources manage- Indians for oil and gas pipeline easements follows: ment, accounting, Federal Indian pol- across the Southwest. I also have uncovered S. 2769 icy, and trust law, among other dis- evidence that Interior fails to diligently Be it enacted by the Senate and House of Rep- ciplines will be included. monitor oil and gas leasing activities on in- resentatives of the United States of America in The Commission will build upon past dividual Indian lands. To prevent further in- Congress assembled, efforts without duplicating past ef- vestigation into these matters, Interior SECTION 1. DISQUALIFICATION OF IMPORTED forts. seeks my removal from the Cobell case. The timing of Interior’s efforts to dis- ETHANOL FOR THE PURPOSE OF Finally, the Commission will be ANY RENEWABLE FUEL STANDARD. charged with the responsibility of re- qualify me is not coincidental. Interior filed For the purpose of any renewable fuel its May 2003 disqualification motion shortly porting to the President and the Con- after I found the agency withheld salient standard that may be enacted after the date gress within 1 year on: One, how to re- of enactment of this Act, ethanol that is im- data from its quarterly reports to the Court. ported, or that is derived from any matter coup, if possible, any damages that The agency accused me, of improperly re- that is imported, shall not count toward sat- have resulted from the breach of fidu- taining the services of a former Interior con- isfaction of the renewable fuel standard. ciary responsibility; and, two, how to tractor to obtain information germane to prevent any such breaches in the fu- that investigation. You found this accusa- By Mr. DASCHLE: ture. We are looking for specific rec- tion frivolous, suggesting it was Interior S. 2770. A bill to establish a National ommendations on how to fairly ac- that acted improperly by impeding my inves- tigation and that Interior had an ulterior Commission on American Indian Trust count for past mistakes, how to find motive for seeking my removal. You were Holdings; to the Committee on Indian closure on the trust issue, and how to correct. Affairs. prevent those mistakes from again Interior’s disqualification attempts Mr. DASCHLE. Mr. President, as we happening in the future. stemmed from events that took place several all painfully know, the United States The overall goal of the Commission months earlier, beginning with my March 6, has broken its word to Indian people, is to fully and completely examine the 2003 visit to the Office of Appraisal Services disregarded its treaty obligations, and very serious charges made by Mr. of the Navajo Regional Office in Gallup, New breached its fiduciary trust responsi- Mexico. There, in the presence of the Depart- Balaran, as outlined in his letter to ment of Justice and Interior counsel, the bility. Litigation has been filed, and Judge Lamberth. The Commission Chief Appraiser admitted that he appraised administrations of both political par- would also be authorized to examine oil and gas easements running across indi- ties say the right thing, but then do other breaches of trust and to report vidual Indian lands for amounts considerably not follow through to redress legiti- back to the Congress and such execu- less than the appraised value of identical in- mate grievances. The concepts of sov- tive departments as may seem appro- terests held by non-Indians. The Chief Ap- ereignty and government-to-govern- priate. praiser also admitted destroying evidence of ment dialog are acknowledged, only Many words have been spoken over his 20-year practice of doing so. Interior has later all too frequently to be ignored. many years about trust responsibility never denied that the Chief Appraiser de- stroyed valuable trust information or that This sad history was elevated to a and the breach of trust and fiduciary energy companies pay individual Indians a new level of concern this spring by the obligations, but very little concrete ac- fraction of what they pay similarly situated resignation of Mr. Alan Balaran as Spe- tion has resulted from these words. Mr. non-Indians as a result of these inadequate cial Master in the Cobell class action Balaran’s charges should be a wake-up appraisals. (Nor has the agency taken any

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00142 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8759 disciplinary action against the Chief Ap- stake. It is past time to get systems in place (B) the Special Master had uncovered evi- praiser. To the contrary, it has gone to great that will enable the Departments of the Inte- dence that the Department fails to diligently lengths to protect him by retaining the serv- rior and Treasury to track trust data accu- monitor oil and gas leasing activities on In- ices of two attorneys to defend his conduct rately in the future, as well as render an dian land; and during a recent deposition.) honest and reliable accounting in the (C) there is evidence that the Department On August 20, 2003, I issued a report chron- present. In this respect, my presence in the has been putting the interests of private en- icling my findings. This report was just the case has become a distraction. And while I ergy companies ahead of the interests of in- beginning. I soon began to uncover evidence am confident that Interior’s disqualification dividual Indian beneficiaries, notwith- that Interior was putting the interests of motions would ultimately be denied, I have standing their fiduciary obligation to Indian private energy companies ahead of the inter- no doubt that were I to continue as Special tribes and Indian beneficiaries; and ests of individual Indian beneficiaries. Master, the agency’s efforts to disqualify me On September 19, 2003, for example, I vis- would persist and accelerate. Given this, I (11) the Great Plains, Rocky Mountain, and ited Minerals Management Service’s (MMS) will be of no practical service to the Court. other regions of the United States are rich in Office of Minerals Revenue Management I hope that, with my resignation, the parties other trust assets such as timber, agri- (MRM) in Dallas—the repository of Interior’s will be able to move rapidly toward funda- culture, mining, and other resources. oil and gas audit files. My visit was prompt- mental reforms. I also hope that, under- (b) DEFINITIONS.—In this section: ed by two events: (1) the March 2003 report of standing this background, my successors will (1) BALARAN LETTER.—The term ‘‘Balaran Interior’s Office of the Inspector General, re- be more efficacious. letter’’ means the letter dated April 5, 2004, Finally, on a personal note, you are a cou- vealing that MMS officials not only fab- from Special Master Alan L. Balaran to the rageous, decisive, and diligent judge who ricated oil and gas audit files but were re- Honorable Royce C. Lamberth. warded for their efforts; and (2) Justice’s de- strives to do justice in each and every case. (2) COMMISSION.—The term ‘‘Commission’’ nial of my repeated requests for access to It has been my honor to have served with means the National Commission on Amer- these files. As you noted in your March 15, you. Thank you for giving me this oppor- ican Indian Trust Holdings established by 2004 decision denying Interior’s disqualifica- tunity. subsection (c). tion motion, since August 1999, I have visited Sincerely, dozens of sites to ensure that Interior was ALAN L. BALARAN, (3) DEPARTMENT.—The term ‘‘Department’’ safeguarding trust documentation in accord- Special Master. means the Department of the Interior. ance with your directives. Interior not only (c) ESTABLISHMENT OF COMMISSION.—There S. 2770 approved of these visits, but encouraged its is established the National Commission on Be it enacted by the Senate and House of Rep- employees to cooperate with me fully during American Indian Trust Holdings. my inspections. My visit to Dallas was dif- resentatives of the United States of America in ferent. After only two hours, during which I Congress assembled, (d) MEMBERSHIP.— uncovered chaotic recordkeeping practices SECTION 1. NATIONAL COMMISSION ON AMER- (1) IN GENERAL.—The Commission shall be and missing audit files, NMS officials in- ICAN INDIAN TRUST HOLDINGS. composed of 10 members, of whom— formed me that Justice ordered that I leave. (a) FINDINGS.—Congress finds that— (A) 2 shall be appointed by the President, 1 The reason for this dramatic shift in policy (1) the United States has entered into trea- of whom the President shall designate as is obvious. Whereas my previous investiga- ties with Indian tribes under which the Chairperson of the Commission; tions exposed random incidents of unpro- United States made various commitments to (B) 2 shall be appointed by the majority tected trust documents in remote Interior Indian tribes and Indian people; leader of the Senate; locations, my recent findings implicated the (2) the United States functions, by treaty (C) 2 shall be appointed by the minority agency’s systemic failure to properly mon- and statute, as a trustee for Indian tribes leader of the Senate; itor the activities of energy companies leas- and individual Indians; (D) 2 shall be appointed by the Speaker of ing minerals on individual Indian lands. The (3) the United States has a fiduciary obli- the House of Representatives; and gation to Indian tribes and Indian people consequences of these findings could cost the (E) 2 shall be appointed by the minority and, in accordance with that obligation, very companies with which senior Interior leader of the House of Representatives. must use the highest standard of care to pro- officials maintain close ties, millions of dol- (2) QUALIFICATIONS; INITIAL MEETING.— tect the assets of Indian tribes and indi- lars. (In that regard, I direct you to the re- (A) NONGOVERNMENTAL APPOINTEES.—An in- cent Inspector General Report of Investiga- vidual Indians; (4) the United States has failed Indian dividual appointed to the Commission may tion (PI–SI–02–0053–I), discussing the rela- not be an officer or employee of the Federal tionship between Interior’s most senior offi- tribes and individual Indians and abridged its treaty and other obligations relating to Government or any State or local govern- cials and energy company executives.) Inte- ment. rior did not want this information to come the handling of trust fund management and (B) OTHER QUALIFICATIONS.—It is the sense to light and for the first and only time dur- historical accounting; of Congress that individuals appointed to the ing my five-year tenure as Special Master, (5) mismanagement of Indian trust assets Commission should be prominent United ordered me to leave a site. by the United States is a longstanding prob- Just one week after my Dallas site visit, in lem that spans many administrations; States citizens, with national recognition a motion filed on September 26, 2003, Interior (6) the complexity and longevity of that and significant depth of experience in such issued the following ultimatum: either you mismanagement neither mitigates the injus- professions as land and resource manage- rule on its disqualification motion by Octo- tice visited on Indian tribes and the 300,000 ment. ber 15, or the government would file a man- individual Native Americans whose accounts (3) DEADLINE FOR APPOINTMENT.—All mem- damus petition in the Court of Appeals, seek- have been shortchanged nor absolves the bers of the Commission shall be appointed ing to have that Court disqualify me. At that United States of its responsibility to correct not later than 60 days after the date of en- time, the government knew you were begin- the situation in a timely manner; actment of this Act. ning a six-defendant criminal trial on Octo- (7) in 1996 a civil action, Cobell v. Norton, (4) QUORUM.—Six members of the Commis- ber 1, 2003, that involved multiple counts of Civ. No. 96–1285 (RCL), was brought in the sion shall constitute a quorum. murder, drug offenses, and racketeering, United States District Court for the District (5) VACANCIES.—Any vacancy in the Com- making it impossible for you to rule on the of Columbia to attempt to obtain an order mission shall not affect the powers of the disqualification issue by the October 15 compelling the United States to account for Commission, but shall be filled in the same ‘‘deadline.’’ Interior was just going through the trust funds managed by the United manner in which the original appointment the motions and, in mid-October, filed its States on behalf of individual Indians and was made. mandamus petition in the Court of Appeals. take all necessary action to bring the United (e) DUTIES.— It is evident that Interior, supported by States into compliance with its fiduciary du- (1) IN GENERAL.—The Commission shall— the Department of Justice, is committed to ties; (A) fully examine the allegations made in removing me from this case. It is also plain (8) those funds are generated from Indian that the agency’s efforts to unseat me bear trust land royalties resulting from leases of the Balaran letter; no relationship to the reasons it offers in its that land to oil, agricultural, timber, min- (B) fully examine whether grazing, leasing, disqualification motion, but rather to my ing, and other interests; and other trust asset interests have been discovery of significant problems with its ap- (9) on April 5, 2004, Mr. Alan L. Balaran, managed equitably and in a manner con- praisal and record-keeping practices. A full the Special Master in the Cobell case, ten- sistent with Federal trust law (including reg- investigation into these matters might well dered his resignation to the Honorable Royce ulations); result in energy companies being forced to C. Lamberth; (C) fully examine such other alleged repay significant sums to individual Indians. (10) in his letter of resignation, Mr. breaches of the fiduciary responsibility owed Interior could not let this happen, Balaran stated that— by the United States to Indian tribes and in- Justice has been much too long in coming (A) there is evidence that energy compa- dividual Indians that come to the Commis- for the hundreds of thousands of Native nies, assisted by the Department of the Inte- sion’s attention as the Commission considers Americans whose land the government has rior, routinely pay individual Indians much appropriate; supposedly held in trust, in some cases for less than they pay non-Indians for oil and (D) build on the investigations of other en- over a century. Billions of dollars are at gas pipeline easements; tities, and avoid unnecessary duplication, by

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reviewing the findings, conclusions, and rec- subpoenaed person resides, is served, or may (ii) MAXIMUM RATE OF PAY.—The rate of ommendations of earlier studies of the man- be found, or where the subpoena is return- pay for the executive director and other per- agement by the Department of Indian trust able, may issue an order requiring such per- sonnel shall not exceed the rate payable for assets and trust funds; and son to appear at any designated place to tes- level V of the Executive Schedule under sec- (E) not later than 1 year after the date as tify or to produce documentary or other evi- tion 5316 of title 5, United States Code. of which all members of the Commission dence. Any failure to obey the order of the (4) DETAIL OF FEDERAL GOVERNMENT EM- have been appointed, submit to the President court may be punished by the court as a con- PLOYEES.— and Congress a report that states the find- tempt of that court. (A) IN GENERAL.—An employee of the Fed- ings of the Commission and makes rec- (II) ADDITIONAL ENFORCEMENT.—In the case eral Government may be detailed to the ommendations for corrective measures that of any failure of any witness to comply with Commission without reimbursement. can be taken to— any subpoena or to testify when summoned (B) CIVIL SERVICE STATUS.—The detail of (i) recoup any losses suffered by Indian under authority of this section, the Commis- the employee shall be without interruption tribes or individual Indians as a result of sion may, by majority vote, certify a state- or loss of civil service status or privilege. breaches of fiduciary duty by the Depart- ment of fact constituting such failure to the (5) PROCUREMENT OF TEMPORARY AND INTER- ment; or appropriate United States attorney, who MITTENT SERVICES.—The Chairperson of the (ii) prevent any breaches of fiduciary duty may bring the matter before the grand jury Commission may procure temporary and in the future. for its action, under the same statutory au- intermittent services in accordance with sec- (2) RELATIONSHIP TO PREVIOUS STUDIES.— thority and procedures as if the United tion 3109(b) of title 5, United States Code, at When investigating facts and circumstances States attorney had received a certification rates for individuals that do not exceed the relating to the management of Indian trust under sections 102 through 104 of the Revised daily equivalent of the annual rate of basic assets and trust funds, the Commission Statutes (2 U.S.C. 192 through 194). pay prescribed for level V of the Executive shall— (2) CONTRACTING.—The Commission may, to Schedule under section 5316 of that title. (A) first review the information compiled such extent and in such amounts as are pro- (h) NO EFFECT ON COBELL CASE.—Nothing by, and the findings, conclusions, and rec- vided in Acts of appropriation, enter into in this section limits the findings, remedies, ommendations that resulted from, previous contracts to enable the Commission to dis- jurisdiction, authority, or discretion of the studies (including congressional investiga- charge the duties of the Commission. court in the civil action Cobell v. Norton, tions); and (3) INFORMATION FROM FEDERAL AGENCIES.— Civ. No. 96–1285 (RCL) (D.D.C.). (B) after that review, pursue any appro- (A) IN GENERAL.—The Commission may se- (i) AUTHORIZATION OF APPROPRIATIONS.— priate area of inquiry if the Commission de- cure directly from a Federal agency such in- There are authorized to be appropriated such termines that— formation as the Commission considers nec- sums as are necessary to carry out this sec- (i) earlier studies had not investigated that essary to carry out this section. tion. area; (B) PROVISION OF INFORMATION.—On request (j) TERMINATION OF COMMISSION.—The Com- (ii) the earlier investigation of that area of the Chairperson of the Commission, the mission shall terminate on the date that is had not been complete; or head of the agency shall provide the informa- 10 years after the date on which the Commis- (iii) new information not reviewed in the tion to the Commission. sion submits the report of the Commission earlier studies had become available with re- (4) ASSISTANCE FROM THE SECRETARY OF THE under subsection (e)(1)(D). spect to that area. INTERIOR.—The Secretary of the Interior (3) FOLLOWUP REVIEW.—At least once every shall provide to the Commission on a reim- 2 years after the date on which the Commis- By Mr. FRIST (for himself and bursable basis administrative support and sion submits the report under paragraph (1), Mr. KENNEDY): other services for the performance of the the Commission shall— S. 2771. A bill to amend the Public functions of the Commission. (A) reconvene to examine the effectiveness (5) POSTAL SERVICES.—The Commission Health Service Act to improve the of any actions taken in response to the re- may use the United States mails in the same quality of care for cancer, and for other port in achieving the goals described in manner and under the same conditions as purposes; to the Committee on Health, clauses (i) and (ii) of paragraph (1)(D); and other agencies of the United States. (B) submit to the President and Congress a Education, Labor, and Pensions. report that describes the findings of the (g) PERSONNEL MATTERS.— Mr. FRIST. Mr. President, I ask Commission and makes any further rec- (1) COMPENSATION OF MEMBERS.—A member unanimous consent that the text of the ommendations as the Commission considers of the Commission who is not an officer or bill be printed in the RECORD. appropriate. employee of the Federal Government shall There being no objection, the bill was be compensated at a rate equal to the daily (f) POWERS OF COMMISSION.— ordered to be printed in the RECORD, as equivalent of the annual rate of basic pay (1) IN GENERAL.— follows: (A) HEARINGS AND EVIDENCE.—The Commis- prescribed for level IV of the Executive sion may— Schedule under section 5315 of title 5, United S. 2771 (i) hold such hearings and sit and act at States Code, for each day (including travel Be it enacted by the Senate and House of Rep- such times and places, take such testimony, time) during which the member is engaged in resentatives of the United States of America in receive such evidence, and administer such the performance of the duties of the Com- Congress assembled, oaths as the Commission considers advisable mission. SECTION 1. SHORT TITLE. to carry out this section; and (2) TRAVEL EXPENSES.—A member of the This Act may be cited as the ‘‘Quality of (ii) subject to subparagraph (B)(i), require, Commission shall be allowed travel expenses, Care for Individuals With Cancer Act’’. by subpoena or otherwise, the attendance including per diem in lieu of subsistence, at and testimony of such witnesses and the pro- rates authorized for an employee of an agen- SEC. 2. TABLE OF CONTENTS. duction of such books, records, correspond- cy under subchapter I of chapter 57 of title 5, Sec. 1. Short title. ence, memoranda, papers, and documents, as United States Code, while away from the Sec. 2. Table of contents. the Commission or such designated sub- home or regular place of business of the TITLE I—MEASURING THE QUALITY OF committee or designated member may deter- member in the performance of the duties of CANCER CARE mine advisable. the Commission. Sec. 101. Development of core sets of quality (B) SUBPOENAS.— (3) STAFF.— of cancer care measures. (i) ISSUANCE.— (A) IN GENERAL.—The Chairperson of the TITLE II—ENHANCING DATA (I) IN GENERAL.—A subpoena may be issued Commission may, without regard to the civil under this subsection only— service laws (including regulations), appoint COLLECTION (aa) by the agreement of the Chairperson; and terminate an executive director and Sec. 201. Expansion of national program of or such other additional personnel as are nec- cancer registries. (bb) by the affirmative vote of 6 members essary to enable the Commission to perform Sec. 202. Reauthorization of national pro- of the Commission. the duties of the Commission. gram of cancer registries. (II) SIGNATURE.—Subject to subclause (I), (B) CONFIRMATION OF EXECUTIVE DIREC- Sec. 203. Relationship to certification. subpoenas issued under this subsection may TOR.—The employment of an executive direc- TITLE III—MONITORING AND EVALU- be issued under the signature of the Chair- tor shall be subject to confirmation by the ATING QUALITY OF CANCER CARE AND person or any member designated by a ma- Commission. OUTCOMES jority of the Commission, and may be served (C) COMPENSATION.— Sec. 301. Partnerships to develop model sys- by any person designated by the Chairperson (i) IN GENERAL.—Except as provided in tems for monitoring and evalu- or by a member designated by a majority of clause (ii), the Chairperson of the Commis- ating quality of cancer care and the Commission. sion may fix the compensation of the execu- outcomes. (ii) ENFORCEMENT.— tive director and other personnel without re- (I) IN GENERAL.—In the case of contumacy gard to the provisions of chapter 51 and sub- TITLE IV—STRENGTHENING or failure to obey a subpoena issued under chapter III of chapter 53 of title 5, United COMPREHENSIVE CANCER CONTROL subparagraph (A), the United States district States Code, relating to classification of po- Sec. 401. Comprehensive cancer control pro- court for the judicial district in which the sitions and General Schedule pay rates. gram.

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00144 Fmt 4624 Sfmt 0655 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8761 TITLE V—IMPROVING NAVIGATION AND paragraph (3), including a statement of any TITLE II—ENHANCING DATA COLLECTION SYSTEM COORDINATION minority views; and SEC. 201. EXPANSION OF NATIONAL PROGRAM OF Sec. 501. Enhancing cancer care through im- ‘‘(5) develops a process for updating the CANCER REGISTRIES. proved navigation. core sets of validated quality of cancer care Part M of title III of the Public Health Sec. 502. Cancer care coordination. measures as new scientific evidence becomes Service Act (42 U.S.C. 280e et seq.) is amend- TITLE VI—ESTABLISHING PROGRAMS IN available. ed by inserting after section 399E, the fol- PALLIATIVE CARE ‘‘(d) RECOMMENDATIONS BY SECRETARY.— lowing: Not later than 6 months after the date the ‘‘SEC. 399E–1. MONITORING AND EVALUATING Sec. 601. Programs to improve palliative Secretary receives the report described in care. THE QUALITY OF CANCER CARE. subsection (c), the Secretary shall issue rec- ‘‘(a) DEMONSTRATION PROJECTS.—The Sec- TITLE VII—ESTABLISHING ommendations on the areas described in retary, acting through the Director of the SURVIVORSHIP PROGRAMS paragraphs (1) through (5) of such subsection Centers for Disease Control and Prevention, Sec. 701. Programs for survivorship. and shall transmit such recommendations to and in coordination with the Director of the Sec. 702. Cancer control programs. the President. National Cancer Institute, shall award com- TITLE VIII—PROGRAMS FOR END-OF- ‘‘(e) REPORT BY PRESIDENT.—Not later than petitive grants to State cancer registries LIFE CARE 6 months after receipt of the report described that receive funds under this part to enable Sec. 801. Programs for end-of-life care. in subsection (d), the President shall, in con- such registries to expand their ability to sultation with the Quality Interagency Co- TITLE IX—DEVELOPING TRAINING monitor and evaluate the quality of cancer ordination Task Force (established by a CURRICULA care, to develop information concerning the Presidential Directive in 1998)— quality of cancer care, and to monitor cancer Sec. 901. Curriculum development. ‘‘(1) provide to the appropriate committees survivorship. Sec. 902. Cancer care workforce and of Congress a report that describes a plan to ‘‘(b) ELIGIBILITY.—To be eligible to receive translational research. use the core sets of quality of cancer care a grant under subsection (a), a State cancer TITLE X—BREAST AND CERVICAL measures in programs administered by the registry shall be certified by the North CANCER Federal Government, including outlining ac- American Association of Central Cancer Sec. 1001. Waivers relating to grants for pre- tivities to support the widespread dissemina- Registries or other similar certification or- ventive health measures with tion of the report, and provide any other rec- ganization. respect to breast and cervical ommendations the President determines to ‘‘(c) APPLICATION.—A State cancer registry cancers. be appropriate; and desiring a grant under this section shall sub- TITLE XI—COLORECTAL CANCER ‘‘(2) provide updated reports, in accordance mit an application to the Secretary at such with subsection (c)(5), if new quality meas- time, in such manner, and containing such Sec. 1101. Programs to improve colorectal ures or scientific evidence on quality of can- cancer screening. information as the Secretary may require. cer care develops. ‘‘(d) CONTRACTING AUTHORITY.—A State TITLE XII—CONDUCTING REPORTS ‘‘(f) TECHNICAL SUPPORT.—The Secretary cancer registry receiving a grant under this Sec. 1201. Studies and reports by the Insti- may provide scientific and technical support section may enter into contracts with aca- tute of Medicine. to ensure that the scientific evaluation re- demic institutions, cancer centers, and other TITLE I—MEASURING THE QUALITY OF quirements in this section are met. entities determined to be appropriate by the CANCER CARE ‘‘(g) AHRQ.— Secretary, to carry out the activities author- NNUAL REPORT SEC. 101. DEVELOPMENT OF CORE SETS OF ‘‘(1) A .—The Agency for ized under this section. QUALITY OF CANCER CARE MEAS- Healthcare Research and Quality shall in- ‘‘(e) USE OF FUNDS.—A State cancer reg- URES. clude in the annual report required under istry receiving a grant under this section (a) DEVELOPMENT OF CORE SETS OF QUALITY section 913(b)(2) the core set of quality of shall use amounts received under such grant OF CANCER CARE MEASURES.—Subpart 1 of cancer care measures developed under this to— part C of title IV of the Public Health Serv- section that are suitable for quality moni- ‘‘(1) collect information for public health ice Act (42 U.S.C. 285 et seq.) is amended by toring. surveillance and quality improvement ac- adding at the end the following: ‘‘(2) REQUIREMENT.—The Secretary shall tivities using the quality of cancer care ‘‘SEC. 417E. DEVELOPMENT OF CORE SETS OF ensure that all agencies within the Depart- measures developed under section 417E QUALITY OF CANCER CARE MEAS- ment of Health and Human Services shall (where appropriate), including data con- URES. provide the information necessary for the re- cerning racial, ethnic, and other health dis- ‘‘(a) IN GENERAL.—The Secretary shall port described in paragraph (1) regarding parity populations within the State that award a contract to a national voluntary quality of cancer care measures. may have a disparity in incidence or survival consensus organization to identify core sets ‘‘(h) SUPPORT.—The Director of the Agency from cancer; of quality of cancer care measures. for Healthcare Research and Quality, acting ‘‘(2) develop linkages between State cancer ‘‘(b) QUALITY OF CANCER CARE MEASURES.— in collaboration with the Director of the Na- registry data and other databases, including An entity that receives a contract under this tional Cancer Institute and the Director of those that collect outpatient data, to gather section shall identify core sets of quality of the Centers for Disease Control and Preven- information concerning the quality of cancer cancer care measures in consultation with a tion, shall support the development and vali- care; panel or advisory group of interested parties, dation of measures identified by the report ‘‘(3) identify, develop, and disseminate evi- including significant participation from con- in subsection (d). dence-based best practices relating to cancer sumer representatives (which shall include ‘‘(i) DEFINITIONS OF HOSPICE CARE; PALLIA- care regarding how States use registry data survivors of cancer and their families and TIVE CARE; QUALITY OF CANCER CARE; HEALTH and how to better link and coordinate the members of organizations representing such DISPARITY POPULATIONS; HEALTH DISPARITIES sharing of such data; survivors and their families), health care RESEARCH.—In this section the terms ‘hos- ‘‘(4) identify geographic areas and popu- providers, cancer researchers, payers and pice care’, ‘palliative care’, ‘quality of can- lations within the State that have an in- purchasers of cancer care services and insur- cer care’, ‘health disparity populations’, and creased need for awareness regarding cancer ance, and public and private organizations ‘minority health disparities research’ have risk reduction, screening, prevention, and that monitor, accredit, or seek to improve the meanings given such terms in section treatment activities; the quality of cancer care. 399AA. ‘‘(5) increase coordination between State ‘‘(c) REPORT BY ENTITY.—Not later than 24 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— cancer registries and other entities, includ- months after the date of enactment of this There is authorized to be appropriated to ing academic institutions, hospitals, health section, an eligible entity that receives a carry out this section, such sums as may be centers, researchers, health care providers, contract under this section shall submit to necessary for each of fiscal years 2006 cancer centers, or nonprofit organizations; the Secretary a report that— through 2010.’’. ‘‘(6) incorporate the collection of data on ‘‘(1) lists existing measures used to assess (b) MONITORING.—Not later than 4 years cancer survivors for the purpose of improv- and improve the quality of cancer care; after the date of the transmission of the re- ing the quality of cancer care; ‘‘(2) identifies those measures that have port required under section 417E(e) of the ‘‘(7) identify the impact of co-morbidity of been scientifically validated, those measures Public Health Service Act, the Comptroller other diseases on survival from cancer; or that still require validation, and those as- of the General Accounting Office shall sub- ‘‘(8) develop methods of determining pects of cancer care for which additional mit to the appropriate committees of Con- whether cancer survivors are at an increased measures need to be developed or validated; gress a report that evaluates the extent to risk for other chronic or disabling condi- ‘‘(3) recommends a core set of validated which Federal and private sector health care tions. quality of cancer care measures, reflecting a delivery programs, States, and State cancer ‘‘(f) PRIVACY.—A State cancer registry re- voluntary consensus of interested parties, plans are utilizing the core sets of quality of ceiving a grant or an entity receiving a con- for measuring and improving the quality of cancer care measures (developed under sec- tract under this section shall comply with cancer care; tion 417E of the Public Health Service Act) appropriate security and privacy protocols ‘‘(4) summarizes the process used to de- and the extent to which its adoption is af- (including protocols required under the regu- velop the consensus recommendations in fecting the quality of cancer care. lations promulgated under section 264(c) of

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00145 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8762 CONGRESSIONAL RECORD — SENATE July 22, 2004 the Health Insurance Portability and Ac- ‘‘(i) such data for adequacy, completeness, ‘‘(A) the real-time recording of and auto- countability Act of 1996 (42 U.S.C. 1320d–2 timeliness, and quality; and mated transfer of cancer care data to State note)), if applicable, with respect to informa- ‘‘(ii) current efforts to aggregate and dis- cancer care registries; and tion collected under this title. Nothing in seminate such data; and ‘‘(B) the linkage of registry data with pri- this section shall be construed to supersede ‘‘(B) not later than January 1, 2006, submit vate sector claims data and other existing applicable Federal or State privacy laws. to Congress a report on the findings made data systems for purposes of analytic aca- ‘‘(g) DATABASES.— under subparagraph (A). demic research; ‘‘(1) IN GENERAL.—In carrying out this sec- ‘‘(c) PRIVACY.—The System shall comply ‘‘(3) developing and validating quality of tion, a State cancer registry may utilize ap- with appropriate security and privacy proto- cancer care indicators and evaluate their use propriate databases, including— cols (including protocols required under the and usefulness; and ‘‘(A) the National Death Index; regulations promulgated under section 264(c) ‘‘(4) developing volume-based quality indi- ‘‘(B) databases related to claims under the of the Health Insurance Portability and Ac- cators, as appropriate, and evaluate ongoing medicare and medicaid programs under titles countability Act of 1996 (42 U.S.C. 1320d–2 efforts to integrate volume-based measures XVIII and XIX of the Social Security Act; note)), if applicable, with respect to informa- into cancer quality improvement programs and tion collected by the System. Nothing in this and their impact on patient decisionmaking. ‘‘(C) other databases maintained by the De- section shall be construed to supersede appli- ‘‘(b) PARTNERSHIPS TO SPEED THE PACE OF partment of Health and Human Services (in- cable Federal or State privacy laws. IMPROVEMENTS IN THE QUALITY OF CANCER cluding those maintained at the Agency for ‘‘(d) DEFINITIONS.—In this section, the CARE.— Healthcare Research and Quality, the Cen- terms ‘palliative care’ and ‘quality of cancer ‘‘(1) IN GENERAL.—The Secretary, acting ters for Disease Control and Prevention, the care’ have the meanings given such terms in through the Director and in collaboration Centers for Medicare & Medicaid Services, section 399AA. with the Director of the Centers for Disease and the National Institutes of Health). ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— Control and Prevention and the Director of ‘‘(2) ADDITIONAL DATA.—A State cancer reg- There is authorized to be appropriated to the National Cancer Institute, shall award istry may utilize data in addition to the carry out this section, such sums as may be competitive grants, contracts, or enter into databases described in paragraph (1), includ- necessary for each of fiscal years 2006 cooperative agreements with eligible entities ing data maintained by private insurance through 2010.’’. to— plans and health care delivery organizations. SEC. 202. REAUTHORIZATION OF NATIONAL PRO- ‘‘(A) foster the development or adoption of ‘‘(h) RULE OF CONSTRUCTION.—Nothing in GRAM OF CANCER REGISTRIES. model systems of cancer care; this section shall be construed to require an Section 399F(a) of the Public Health Serv- ‘‘(B) speed the pace of improvement in the individual or entity to submit information ice Act (42 U.S.C. 280e–4(a)) is amended— quality of cancer care; or to a State cancer registry under this section. (1) by striking ‘‘this part,’’ and inserting ‘‘(C) when appropriate, carry out the other ‘‘(i) DEFINITIONS.—In this section: ‘‘this part, other than sections 399E–1 and requirements of this section. ‘‘(1) HEALTH CENTER.—The term ‘health 399E–2),’’; and ‘‘(2) ELIGIBILITY.—In accordance with the center’ has the meaning given the term ‘fed- (2) by striking ‘‘2003’’ and inserting ‘‘2010’’. limitations of section 926(c), an applicant eli- erally qualified health center’ in section SEC. 203. MATCHING FUNDS; RELATIONSHIP TO gible to receive a grant, contract, or cooper- 1861(aa)(4) of the Social Security Act (12 CERTIFICATION. ative agreement under this subsection shall U.S.C. 1395x(aa)(4)). (a) MATCHING FUNDS.—Section 399B(b)(1) of be a consortium consisting of public- and pri- ‘‘(2) QUALITY OF CANCER CARE.—The term the Public Health Service Act (42 U.S.C. vate-sector entities. Each consortium shall ‘quality of cancer care’ has the meaning 280e(B)(1)) is amended by striking ‘‘$3’’ and include an institution of higher learning or given such term in section 399AA. inserting ‘‘$5’’. other research entity and 1 or more of the ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— (b) RELATIONSHIP TO CERTIFICATION.—Sec- following: There is authorized to be appropriated to tion 399E of the Public Health Service Act ‘‘(A) An entity that delivers or purchases carry out this section, such sums as may be (42 U.S.C. 280e–3) is amended— cancer care. necessary for each of fiscal years 2006 (1) by redesignating subsections (d) and (e) ‘‘(B) A professional society or societies through 2010. as subsections (e) and (f), respectively; and that represent health care providers and ‘‘SEC. 399E–2. CANCER SURVEILLANCE SYSTEM. (2) by inserting after subsection (c) the fol- other cancer caregivers, including hospice ‘‘(a) IN GENERAL.—The Secretary, acting lowing: programs. through the Director of the Centers for Dis- ‘‘(d) RELATIONSHIP TO CERTIFICATION.—The ‘‘(C) A consumer or patient organization. ease Control and Prevention, and in coordi- Centers for Disease Control and Prevention ‘‘(D) An entity involved in the monitoring nation with the Director of the National is encouraged to work with eligible entities of quality of cancer care or efforts to im- Cancer Institute, shall— through the provision of technical assistance prove cancer care (including a State or local ‘‘(1) establish the Cancer Surveillance Sys- and funding authority under the National health department). tem (referred to in this section as the ‘Sys- Program of Cancer Registries to assist such ‘‘(d) COLLABORATION.—In carrying out this tem’) to monitor State cancer registries entities in complying with the certification section, the Secretary, acting through the funded under section 399B; and process of the North American Association Director, shall ensure coordination with ap- ‘‘(2) provide for the development, expan- of Central Cancer Registries or similar cer- propriate Federal and State agencies, pri- sion, and evaluation of such registries. tification organization.’’. vate quality improvement entities, and ac- ‘‘(b) DUTIES.—The System shall— TITLE III—MONITORING AND EVALU- creditation or licensure organizations with ‘‘(1) facilitate timely access to and ex- ATING QUALITY OF CANCER CARE AND an interest in improving the quality of can- change of accurate quality of cancer care in- OUTCOMES cer care. ‘‘(e) DEFINITIONS.—In this section, the term formation among State cancer registries in- SEC. 301. PARTNERSHIPS TO DEVELOP MODEL cluding the use of the quality of cancer care SYSTEMS FOR MONITORING AND ‘quality of cancer care’ has the meaning measures developed under section 417E, EVALUATING QUALITY OF CANCER given such term in section 399AA.’’. where appropriate; CARE AND OUTCOMES. (b) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(2) develop guidelines permitting State (a) QUALITY OF CANCER CARE.—Part A of Section 927 of the Public Health Service Act cancer registries to access the national reg- title IX of the Public Health Service Act (42 (42 U.S.C. 299c–6) is amended by adding at the istry clearinghouse established under para- U.S.C. 299 et seq.) is amended by adding at end the following: ‘‘(e) QUALITY OF CANCER CARE.—For the graph (3); the end the following: purpose of carrying out the activities under ‘‘(3) establish and maintain a registry in- ‘‘SEC. 904. AREAS OF SPECIAL EMPHASIS. section 904, such sums as may be necessary formation clearinghouse to collect, syn- ‘‘(a) QUALITY OF CANCER CARE.—The Sec- for each of fiscal years 2005 through 2010.’’. thesize, and disseminate information con- retary, acting through the Director and in cerning evidence-based best practices for the collaboration with the Director of the Cen- TITLE IV—STRENGTHENING creative use of State cancer registries, in- ters for Disease Control and Prevention and COMPREHENSIVE CANCER CONTROL cluding maintaining an Internet website the Director of the National Cancer Insti- SEC. 401. COMPREHENSIVE CANCER CONTROL where such information may be accessed; tute, shall conduct and support research per- PROGRAM. ‘‘(4) determine the feasibility of moni- taining to the measurement, evaluation, and Part B of title III of the Public Health toring the quality of palliative care by State improvement of the quality of cancer care, Service Act (42 U.S.C. 243 et seq.) is amended cancer registries; take steps to enhance the usefulness of such by adding at the end the following: ‘‘(5) identify and develop evidence-based research to improve patient care, and appro- ‘‘SEC. 320B. COMPREHENSIVE CANCER CONTROL best practices for coordination between can- priately disseminate such information by— PROGRAM. cer registries and other entities; ‘‘(1) expanding the evidence base con- ‘‘(a) ESTABLISHMENT.—The Secretary, act- ‘‘(6) update information collected or made cerning effective interventions for improving ing through the Director of the Centers for available under this section as determined to the quality of cancer care; Disease Control and Prevention and in con- be necessary by the Secretary; and ‘‘(2) ensuring effective analysis of data col- sultation with the Director of the Agency for ‘‘(7)(A) review pediatric cancer data col- lected by State cancer registries funded Healthcare Research and Quality and the Di- lected by State cancer registries and evalu- under section 399B by developing evidence- rector of the National Cancer Institute, shall ate— based best practices for— establish a National Comprehensive Cancer

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00146 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8763 Control Program (referred to in this section TITLE V—IMPROVING NAVIGATION AND seling, screening, diagnosis, treatment, fol- as the ‘Program’) to improve the quality of SYSTEM COORDINATION lowup care, monitoring, rehabilitation, and cancer care. SEC. 501. ENHANCING CANCER CARE THROUGH hospice care; and IMPROVED NAVIGATION AND CAN- ‘‘(B) appropriate care and services which ‘‘(b) PROGRAM.—In carrying out the Pro- CER CARE COORDINATION. should be provided throughout the con- gram the Secretary shall— Title III of the Public Health Service Act tinuum of care including palliative care and ‘‘(1) establish guidelines regarding the de- (42 U.S.C. 241 et seq.) is amended by adding information on treatment options including sign and implementation of comprehensive at the end the following: information regarding clinical trials. cancer control plans; and ‘‘PART R—CANCER PREVENTION AND ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(2) award competitive grants to eligible TREATMENT There are authorized to be appropriated to entities to develop, update, implement, and ‘‘SEC. 399AA. DEFINITIONS; AUTHORIZATION OF carry out this part, other than section evaluate comprehensive cancer control APPROPRIATIONS. 399FF, such sums as may be necessary for plans. ‘‘(a) DEFINITIONS.—In this part: each of fiscal years 2006 through 2010. ‘‘(c) ELIGIBILITY.—An entity is eligible to ‘‘(1) CULTURALLY COMPETENT.—The term ‘‘SEC. 399BB. ENHANCING CANCER CARE receive assistance under the Program if such ‘culturally competent’, with respect to the THROUGH IMPROVED NAVIGATION. manner in which health-related services, entity is a State health department, terri- ‘‘(a) DEMONSTRATION PROJECTS.—The Sec- tory, Indian tribe, or tribal organization or education, and training are provided, means retary shall award competitive grants to eli- its designee. providing the services, education, and train- gible entities to develop, implement, and ing in the language and cultural context evaluate cancer case management programs ‘‘(d) APPLICATION.—An eligible entity de- that is most appropriate for the individuals to enhance the quality of cancer care siring a grant under this section shall sub- for whom the services, education, and train- through improved access and navigation. mit an application to the Secretary at such ing are intended. ‘‘(b) ELIGIBILITY.—An entity is eligible to time, in such manner, and containing such ‘‘(2) HEALTH CENTER.—The term ‘health receive a grant under this section if such en- information as the Secretary may require, center’ has the meaning given such term in section 399E–1. tity is a hospital; health center; an academic including— institution; a hospice program; a palliative ‘‘(3) HEALTH DISPARITY POPULATION.—The ‘‘(1) a description of how assistance under care program, or a program offering a con- such grant will be used to develop and imple- term ‘health disparity population’ has the meaning given such term in section 903(d)(1). tinuum of hospice care, palliative care, and ment comprehensive cancer control pro- other appropriate care to children and their grams, including programs to monitor the ‘‘(4) HEALTH DISPARITIES RESEARCH.—The term ‘health disparities research’ means families; a State health agency; an Indian quality of cancer care (which may include basic, clinical, and behavioral research on Health Service hospital or clinic, Indian the use of quality of cancer care measures health conditions disproportionately affect- tribal health facility, or urban Indian facil- developed under section 417E); ing individuals from health disparity popu- ity; a nonprofit organization; a health plan; ‘‘(2) a description of how the applicant will lations, including research to prevent, diag- a primary care practice-based research net- integrate its activities with academic insti- nose, and treat such conditions. Such health work as defined by the Agency for tutions, nonprofit organizations, or other ap- conditions shall include all diseases, dis- Healthcare Research and Quality; a cancer propriate entities in planning and imple- orders, and conditions affecting individuals center; or any other entity determined to be menting comprehensive cancer control from health disparity populations that are— appropriate by the Secretary. plans; and ‘‘(A) unique to, more serious, or more prev- ‘‘(c) APPLICATION.—An eligible entity seek- ‘‘(3) a description of how activities carried alent in such individuals; ing a grant under this section shall submit out by the applicant will be evaluated. ‘‘(B) for which the factors of medical risk an application to the Secretary at such time, ‘‘(e) USE OF FUNDS.—An entity shall use as- or types of medical intervention may be dif- in such manner, and containing such infor- sistance received under this section to— ferent for such individuals, or for which it is mation as the Secretary may require, includ- ‘‘(1) convene stakeholders, including stake- unknown whether such factors or types are ing assurances that the eligible entity will— holders from the public, private, and non- different for such individuals; or ‘‘(1) target patient populations with an un- equal burden of cancer through specific out- profit sectors, to determine priorities for the ‘‘(C) with respect to which there has been reach activities; State, territory, or tribe involved; insufficient research involving such individ- ‘‘(2) coordinate culturally competent and ‘‘(2) develop, update, implement, or evalu- uals as subjects or insufficient data on such appropriate care specified in observance of ate comprehensive cancer control plans; individuals. existing, relevant departmental guidelines, ‘‘(3) assess disparities in cancer risk reduc- ‘‘(5) HOSPICE CARE.—The term ‘hospice care’ has the meaning given such term in including a special emphasis on underserved tion, prevention, diagnosis, or quality of can- populations and how their values and prior- cer care; and section 1861(dd)(1) of the Social Security Act (42 U.S.C. 1395x(dd)(1)). ities influence screening and treatment deci- ‘‘(4) develop and disseminate best prac- ‘‘(6) HOSPICE PROGRAM.—The term ‘hospice sions; tices, where appropriate, and evaluate the program’ has the meaning given such term ‘‘(3) coordinate with relevant ombudsman application of such practices as necessary. in section 1861(dd)(2) of the Social Security programs and other existing coordination ‘‘(f) DEFINITIONS.—In this section: Act (42 U.S.C. 1395x(dd)(2)). and navigation efforts and services, where ‘‘(1) COMPREHENSIVE CANCER CONTROL ‘‘(7) PALLIATIVE CARE.—The term ‘pallia- possible; and PLAN.—The term ‘comprehensive cancer con- tive care’ means comprehensive, inter- ‘‘(4) evaluate activities and disseminate trol plan’ means a plan developed with as- disciplinary, coordinated, and appropriate findings including findings related to re- sistance provided under this section that care and services provided throughout all peated difficulties in accessing navigation. provides for an integrated and coordinated stages of disease, from the time of diagnosis ‘‘(d) USE OF FUNDS.—An eligible entity approach to reducing the incidence, mor- to the end of life, relating to pain and other shall use amounts received under a grant bidity, and mortality of cancer, with a par- symptom management, including psycho- under this section to carry out programs in ticular emphasis on preventing and control- social needs, that seeks to improve quality which— ling cancer among populations most at risk of life and prevent and alleviate suffering for ‘‘(1) trained individuals (such as represent- and reducing cancer disparities among un- an individual and, if appropriate, that indi- atives from the community, nurses, social derserved populations. vidual’s family or caregivers. workers, cancer survivors, physicians, or pa- ‘‘(2) COMPREHENSIVE CANCER CONTROL PRO- ‘‘(8) QUALITY OF CANCER CARE.—The term tient advocates) are assigned to act as con- GRAM.—The term ‘comprehensive cancer con- ‘quality of cancer care’ means the provision tacts— trol program’ means a program to fulfill the of cancer-related, timely, evidence-based ‘‘(A) within the community; or comprehensive control plan. (whenever there is scientific evidence on the ‘‘(B) within the health care system, ‘‘(3) QUALITY OF CANCER CARE.—The term effectiveness of interventions), patient-cen- to facilitate access to quality cancer care ‘quality of cancer care’ has the meaning tered care and services of individuals in a and cancer preventive services; given such term in section 399AA. technically and culturally competent and ‘‘(2) partnerships are created with commu- ‘‘(4) INDIAN TRIBE; TRIBAL ORGANIZATION.— appropriate manner, using effective commu- nity organizations (which may include can- The terms ‘Indian tribe’ and ‘tribal organiza- nication and shared decisionmaking to im- cer centers, hospitals, health centers, hos- tion’ have the meanings given such terms in prove clinical outcomes, survival, or quality pice programs, palliative care programs, subsections (b) and (c) of section 4 of the In- of life which encompasses— health care providers, home care, nonprofit dian Self-Determination and Education As- ‘‘(A) the various stages of care, including organizations, health plans, or other entities sistance Act (25 U.S.C. 450b). care and services provided to individuals determined appropriate by the Secretary) to with a family history of cancer, with an ab- help facilitate access or to improve the qual- ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— normal cancer screening test, or who are ity of cancer care; There is authorized to be appropriated to clinically diagnosed with cancer, beginning ‘‘(3) activities are conducted to coordinate carry out this section, such sums as may be with risk reduction, prevention, and early cancer care and preventive services and re- necessary for each of fiscal years 2006 detection through survivorship, remission, ferrals, including referrals to hospice pro- through 2010.’’. and end-of-life care, and including risk coun- grams, and palliative care programs; or

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00147 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8764 CONGRESSIONAL RECORD — SENATE July 22, 2004 ‘‘(4) the grantee negotiates, mediates, or hospice program; a palliative care program; ‘‘SEC. 417F. PROGRAMS FOR SURVIVORSHIP. arbitrates on behalf of the patient with rel- a program offering a continuum of hospice ‘‘(a) DEMONSTRATION PROJECTS.—The Sec- evant entities to resolve issues that impede care, palliative care, and other appropriate retary shall conduct and support research re- access to care. care to children and their families; a non- garding the unique health challenges associ- ‘‘(e) MODELS.—Not later than 3 years after profit organization; a State health agency; a ated with cancer survivorship and carry out the date of enactment of this section, the health center; a cancer center; or any other demonstration projects to develop and im- Secretary shall develop or modify models to entity determined to be appropriate by the plement post-treatment public health pro- improve the navigation of cancer care for Secretary. grams and services including followup care grantees under this section. The Secretary ‘‘(c) APPLICATION.—An eligible entity desir- and monitoring to support and improve the shall update such models as may be nec- ing a grant under this section shall prepare long-term quality of life for cancer sur- essary to ensure that the best cancer case and submit to the Secretary an application vivors, including children. management practices are being utilized. at such time, in such manner, and con- ‘‘(b) ELIGIBILITY.—An entity is eligible to ‘‘SEC. 399CC. CANCER CARE COORDINATION. taining such information as the Secretary receive a competitive grant under this sec- ‘‘(a) DEMONSTRATION PROJECTS.—The Sec- may require. tion if such entity is an academic institu- tion, nonprofit organization, State health retary shall award competitive grants to eli- ‘‘(d) USE OF FUNDS.—An entity shall use gible entities to facilitate the development amounts received under a grant under this agency, cancer center, health center, or of a coordinated system to improve the qual- section to— other entity determined to be appropriate by ity of cancer care. ‘‘(1) integrate palliative care with such en- the Secretary. ‘‘(c) APPLICATION.—An entity desiring a ‘‘(b) ELIGIBILITY.—An entity is eligible to tities as academic institutions, community grant under this section shall prepare and receive a grant under this section if such en- organizations, hospice programs, hospitals, submit to the Secretary an application at tity is a hospital; a health center; an aca- cancer patient and survivorship organiza- such time, in such manner, and containing demic institution; a hospice program; a pal- tions, health care providers, cancer centers, such information as the Secretary may re- liative care program; a program offering a or other entities determined appropriate by quire. continuum of hospice care, palliative care, the Secretary; ‘‘(d) USE OF FUNDS.—An entity shall use and other appropriate care to children and ‘‘(2) conduct outreach and education ac- amounts received under a grant under this their families; a State health agency; a non- tivities to encourage the dissemination of section to plan, implement, and evaluate profit organization; a health plan; a primary evidence-based clinical best practices relat- demonstration projects that— care practice-based research network as de- ing to palliative care; ‘‘(1) design protocols for followup care, fined by the Agency for Healthcare Research ‘‘(3) increase public awareness, including monitoring, and other survivorship programs and Quality; a cancer center; or any other outreach campaigns, particularly to under- (including peer support and mentor pro- entity determined to be appropriate by the served populations; grams); Secretary. ‘‘(4) disseminate evidence-based informa- ‘‘(2) increase public awareness about appro- ‘‘(c) APPLICATION.—An eligible entity desir- tion to health care providers and individuals priate followup care, monitoring and other ing a grant under this section shall prepare with cancer and their families regarding survivorship programs (including peer sup- and submit to the Secretary an application available palliative care programs and serv- port and mentor programs) by disseminating at such time, in such manner, and con- ices; information to health care providers and sur- taining such information as the Secretary ‘‘(5) provide and evaluate education and vivors and their families; and may require. training programs in palliative care for ‘‘(3) support programs to improve the qual- ‘‘(d) USE OF FUNDS.—An eligible entity health care providers, including— ity of life among cancer survivors, ref- shall use amounts received under a grant ‘‘(A) establishing pilot training programs erenced by the quality of cancer care meas- under this section to improve coordination (including faculty training programs) in ures developed under section 417E (where ap- of the quality of cancer care, by— medicine, including oncology (including pe- propriate), with particular emphasis on un- ‘‘(1) creating partnerships and enhancing diatric oncology), family medicine, psychi- derserved populations, including children. collaboration with health care providers atry, psychology, pain, nursing, pharma- ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— (which may include cancer centers, hos- cology, physical therapy, occupational ther- pitals, health centers, hospice programs, There are authorized to be appropriated to apy, social work, and other relevant dis- carry out this section, such sums as may be health care providers, experts in palliative ciplines; or care, preventive service providers) to im- necessary for each of fiscal years 2006 ‘‘(B) developing, implementing, and evalu- through 2010.’’. prove the provision of quality of cancer care; ating pilot training programs for the staff of SEC. 702. CANCER CONTROL PROGRAMS. ‘‘(2) developing best practices for the qual- hospices, nursing homes, hospitals, home Section 412 of the Public Health Service ity of cancer care coordination (with special health agencies, outpatient care clinics, and Act (42 U.S.C. 285a–1) is amended— emphasis provided to those cancers that other entities determined appropriate by the (1) in the matter preceding paragraph (1), have low survival rates or individuals with Secretary; by striking ‘‘cancer and for rehabilitation advanced disease), including the develop- ‘‘(6) design or implement model palliative and counseling respecting cancer.’’ and in- ment of model systems; and care programs for individuals with cancer serting ‘‘cancer and for survivorship, reha- ‘‘(3) evaluating overall activities to iden- and their families including improving ac- bilitation, and counseling respecting can- tify optimal designs and essential compo- cess to clinical trials, where appropriate; cer.’’; nents for cancer practices and models to im- ‘‘(7) develop and evaluate pilot programs to (2) in paragraph (1)(B), by striking ‘‘and prove the coordination of cancer care serv- address the special needs of children or other the families of cancer patients’’ and insert- ices and activities. underserved populations and their families ing ‘‘the families of cancer patients, and can- ‘‘(e) DISSEMINATION.—The Secretary shall in palliative care programs; cer survivors’’; and disseminate findings made as a result of ac- ‘‘(8) conduct demonstration projects to en- (3) in paragraph (3), by striking ‘‘diagnosis, tivities conducted under this section to the hance or develop online support networks for and treatment and control of cancer’’ and in- public in coordination with the Agency for individuals with cancer and their families, serting ‘‘diagnosis, treatment, survivorship Healthcare Research and Quality, the Cen- including those networks for individuals who programs, and control of cancer.’’. ters for Medicare & Medicaid Services, or are homebound, and develop other methods other appropriate Federal agencies.’’. to reach underserved cancer patients; or TITLE VIII—PROGRAMS FOR END-OF-LIFE TITLE VI—ESTABLISHING PROGRAMS IN ‘‘(9) determine whether strategies devel- CARE PALLIATIVE CARE oped for palliative care for individuals with SEC. 801. PROGRAMS FOR END-OF-LIFE CARE. SEC. 601. PROGRAMS TO IMPROVE PALLIATIVE cancer and their families would be applicable Part R of title III of the Public Health CARE. to individuals with other diseases. Service Act (as amended by section 601), is Part R of title III of the Public Health ‘‘(e) DISSEMINATION.—The Secretary shall further amended by adding the following: Service Act (as added by section 501), is fur- disseminate findings made as a result of ac- ‘‘SEC. 399EE. PROGRAMS FOR END-OF-LIFE CARE. ther amended by adding at the end the fol- tivities conducted under this section to the ‘‘(a) DEMONSTRATION PROJECTS.—The Sec- lowing: public in coordination with the Director of retary shall award competitive grants to eli- ‘‘SEC. 399DD. PROGRAMS TO IMPROVE PALLIA- the Agency for Healthcare Research and gible entities to develop, implement, and TIVE CARE. Quality, the Administrator of the Centers for evaluate evidence-based programs for the de- ‘‘(a) DEMONSTRATION PROJECTS.—The Sec- Medicare & Medicaid Services, and the heads livery of quality of cancer care during the retary shall award competitive grants to eli- other appropriate Federal agencies.’’. end-of-life to individuals with cancer (with a gible entities to develop, implement, and TITLE VII—ESTABLISHING SURVIVORSHIP special emphasis on children) and their fami- evaluate model programs for the delivery of PROGRAMS lies. palliative care throughout all stages of dis- ‘‘(b) ELIGIBILITY.—An entity is eligible to ease for individuals with cancer (with a spe- SEC. 701. PROGRAMS FOR SURVIVORSHIP. receive a grant under this section if such en- cial emphasis on children) and their families. Subpart 1 of Part C of title IV of the Public tity is a hospital; an academic institution; a ‘‘(b) ELIGIBILITY.—An entity is eligible to Health Service Act (42 U.S.C. 285 et seq.) (as hospice program; a palliative care program; receive a grant under this section if such en- amended by section 101), is further amended a program offering a continuum of hospice tity is a hospital; an academic institution; a by adding at the end the following: care, palliative care, and other appropriate

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00148 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8765 care to children and their families; a non- an academic institution, nonprofit organiza- Health Service Act (42 U.S.C. 285 et seq.) is profit organization; a State health agency; a tion, cancer center, health center, medical amended by inserting after section 414 the health center; a cancer center; or any other school, or other entity determined appro- following: entity determined to be appropriate by the priate by the Secretary. ‘‘SEC. 414A. TRANSLATIONAL CANCER RESEARCH. ‘‘(c) APPLICATION.—An entity desiring a Secretary. ‘‘(a) IN GENERAL.—The Director of the In- ‘‘(c) APPLICATION.—An entity desiring a grant under this section shall prepare and stitute, in collaboration with the Director of grant under this section shall prepare and submit to the Secretary an application at the Agency for Healthcare Research and such time, in such manner, and containing submit to the Secretary an application at Quality shall enter into cooperative agree- such information as the Secretary may re- such time, in such manner, and containing ments with, and make grants to, public or quire. such information as the Secretary may re- nonprofit entities to conduct multidisci- quire. ‘‘(d) USE OF FUNDS.—An entity shall use amounts received under a grant under this plinary, translational cancer research. ‘‘(d) USE OF FUNDS.—An entity shall use ‘‘(b) USE OF FUNDS.— amounts received under a grant under this subsection to— ‘‘(1) evaluate methods of delivery of the ‘‘(1) IN GENERAL.—The Director of the In- section to— stitute may use funds provided under this ‘‘(1) integrate palliative care or end-of-life quality of cancer care, including palliative care, hospice care, end-of-life care, or cancer section to establish networks and partner- care programs with entities including aca- ships to link community cancer providers to demic institutions, community organiza- survivorship by health care providers; ‘‘(2) develop curricula concerning the deliv- programs funded under this section. tions, hospice programs, hospitals, cancer ‘‘(2) CONSTRUCTION OF NEW FACILITIES.— patient and survivorship organizations, ery of quality of cancer care including pal- liative care, hospice care, end-of-life care, or Funds provided under this section shall not health care providers, cancer centers, or be used for the construction of new facilities. other entities determined appropriate by the cancer survivorship; and ‘‘(3) provide recommendations for training ‘‘(c) STRATEGIC PLAN.—Not later than Oc- Secretary; tober 1, 2006, the Director of the Institute ‘‘(2) conduct outreach and education ac- protocols for medical and nursing education, fellowships, and continuing education in shall develop and implement a strategic tivities to encourage the dissemination of quality of cancer care including palliative plan, in collaboration with entities per- evidence-based clinical best practices relat- care, hospice care, survivorship, or end-of- forming translational research, for identi- ing to end-of-life care; life care for health care providers. fying, expanding, and disseminating the re- ‘‘(3) increase public awareness, including ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— sults of translational cancer research to outreach campaigns, particularly to under- There is authorized to be appropriated to health care providers. served populations; carry out this section, such sums as may be ‘‘(d) DUTIES.—An entity receiving a grant ‘‘(4) disseminate information to health necessary for each of fiscal years 2006 under this section shall— care providers and individuals with cancer through 2010.’’. ‘‘(1) conduct research with the potential to and their families regarding available end-of- SEC. 902. CANCER CARE WORKFORCE AND improve the prevention, diagnosis, and treat- life programs, including hospice programs; TRANSLATIONAL RESEARCH. ment of cancer and to improve the quality of ‘‘(5) provide and evaluate education and (a) CANCER CONTROL PROGRAMS.—Section cancer care, including palliation; training in end-of-life care for health care 412 of the Public Health Service Act (42 ‘‘(2) conduct clinical research studies on providers, including— U.S.C. 285a–1) is amended— promising cancer treatments including clin- ‘‘(A) establishing pilot training programs (1) by striking ‘‘The Director of the Insti- ical trials; and (including faculty training programs) in tute’’ and inserting the following: ‘‘(3) evaluate tests, techniques, or tech- medicine including oncology (including pedi- ‘‘(a) IN GENERAL.—The Director of the In- nologies in individuals being evaluated for atric oncology), family medicine, psychiatry, stitute’’; the presence of cancer. psychology, pain, nursing, pharmacology and (2) by striking paragraph (2) and inserting ‘‘(e) DEFINITION OF TRANSLATIONAL CANCER social work, and other disciplines; or the following: RESEARCH.—As used in this section, the term ‘‘(B) developing, implementing, and evalu- ‘‘(2) annual and long-term training goals to ‘translational cancer research’ means sci- ating pilot training programs for the staff of assure an adequate and diverse cancer care entific laboratory and clinical research and hospices, nursing homes, hospitals, home workforce including— testing necessary to transform scientific or health agencies, outpatient care clinics, and ‘‘(A) preparing and implementing a plan to medical discoveries into new approaches, other entities determined appropriate by the provide assistance to health professionals in products, or processes that can assist in pre- Secretary; health professions experiencing the most se- venting, diagnosing, or controlling cancer.’’ ‘‘(6) design or implement model end-of-life vere shortages including the provision of (d) AUTHORIZATION OF APPROPRIATIONS.— care programs for individuals with cancer grants, scholarships, fellowships, post-doc- Section 417B(a) of the Public Health Service and their families including improving ac- toral stipends, or loans to eligible individ- Act (42 U.S.C. 285a–8(a)) is amended by strik- cess to clinical trials where appropriate; uals to increase the cancer care workforce; ing ‘‘1996’’ and inserting ‘‘2010’’. ‘‘(7) develop and evaluate pilot programs to and TITLE X—BREAST AND CERVICAL CANCER address the special needs of children or other ‘‘(B) educating students of health profes- underserved populations and their families sions and health professionals in— SEC. 1001. WAIVERS RELATING TO GRANTS FOR in end-of-life programs; ‘‘(i) effective methods for the prevention PREVENTIVE HEALTH MEASURES WITH RESPECT TO BREAST AND ‘‘(8) integrate palliative care and hospice and early detection of cancer; CERVICAL CANCERS. care activities in the delivery of end-of-life ‘‘(ii) the identification of individuals with (a) IN GENERAL.—Section 1503 of the Public care; or a high risk of developing cancer; Health Service Act (42 U.S.C. 300m) is ‘‘(9) determine whether strategies devel- ‘‘(iii) improved methods of patient referral amended by adding at the end the following: oped for end-of-life care for individuals with to appropriate centers for early diagnosis ‘‘(d) WAIVER OF SERVICES REQUIREMENT ON cancer and their families would be applicable and treatment of cancer; DIVISION OF FUNDS.— to individuals with other diseases. ‘‘(iv) methods to deliver culturally com- ‘‘(1) IN GENERAL.—The Secretary may ‘‘(e) DISSEMINATION.—The Secretary shall petent care; and waive the requirements under paragraphs (1) disseminate findings made as a result of ac- ‘‘(v) other appropriate methods for pro- and (4) of subsection (a) if— tivities conducted under this section to the viding quality of cancer care; and’’; and ‘‘(A)(i) the State involved will use the public in coordination with the Director of (3) by adding at the end the following: waiver to leverage private funds to supple- the Agency for Healthcare Research and ‘‘(b) COORDINATION WITH EXISTING PRO- ment each of the services or activities de- Quality, the Administrator of the Centers for GRAMS.—In carrying out the activities under scribed in paragraphs (1) and (2) of section Medicare & Medicaid Services, and the heads subsection (a)(2), the Director of the Insti- 1501(a); or of other appropriate Federal agencies.’’. tute shall coordinate with existing pro- grams, including programs at the Health Re- ‘‘(ii) the application of such requirement TITLE IX—DEVELOPING TRAINING would result in a barrier to the enrollment of CURRICULA sources and Services Administration, to pre- vent duplication.’’. qualifying women; SEC. 901. CURRICULUM DEVELOPMENT. (b) NATIONAL CANCER RESEARCH AND DEM- ‘‘(B) the Secretary finds that granting such Part R of title III of the Public Health ONSTRATION CENTERS.—Section 414(b) of the a waiver to a State will not reduce the num- Service Act (as amended by section 801), is Public Health Service Act (42 U.S.C. 285a– ber of women in the State that receive each further amended by adding at the end the 3(b)) is amended by striking paragraph (3) of the services or activities described in following: and inserting the following: paragraphs (1) and (2) of section 1501(a), in- ‘‘SEC. 399FF. CURRICULUM DEVELOPMENT. ‘‘(3) clinical training (including training cluding making available screening proce- ‘‘(a) IN GENERAL.—The Secretary shall for allied health professionals), loan forgive- dures for both breast and cervical cancers; award competitive grants for the develop- ness or post-doctoral stipends for bench re- and ment of curricula for health care provider searchers, continuing education for health ‘‘(C) the Secretary finds that granting such training regarding the assessment, moni- professionals and allied health professionals, a waiver to a State will not adversely affect toring, improvement, and delivery of quality and information programs for the public re- the quality of each of the services or activi- of cancer care. garding cancer; and’’. ties described in paragraphs (1) and (2) of sec- ‘‘(b) ELIGIBILITY.—To be eligible to receive (c) TRANSLATIONAL CANCER RESEARCH.— tion 1501(a). a grant under this section, an entity shall be Subpart 1 of part C of title IV of the Public ‘‘(2) DURATION OF WAIVER.—

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‘‘(A) IN GENERAL.—In granting waivers ‘‘(3) establishing activities to improve the patient care and navigation, palliative care, under paragraph (1), the Secretary— education, training, and skills of health pro- and care provided to underserved popu- ‘‘(i) shall grant such waivers for a period of fessionals (including allied health profes- lations. 2 years; and sionals) in the detection and control of (b) REPORTS.— ‘‘(ii) upon request of a State, may extend a colorectal cancer, as a part of their partici- (1) IN GENERAL.—Not later than 4 years waiver for additional 2-year periods in ac- pation in the screening program established after the date of enactment of this Act, the cordance with subparagraph (B). under the grant; Institute of Medicine shall submit to the ‘‘(B) ADDITIONAL PERIODS.—The Secretary, ‘‘(4) evaluating the programs under this Secretary of Health and Human Services a upon the request of a State that has received section through appropriate surveillance or report containing information on the evalua- a waiver under paragraph (1), shall, at the program monitoring activities; tion conducted under paragraphs (1) through end of each 2-year waiver period described in ‘‘(5) developing and disseminating findings (5) of subsection (a), including data collected subparagraph (A), review performance under derived through such evaluations and out- at the State level through contracts with ap- the waiver and may extend the waiver for an comes data collection; and propriate organizations as designated by the additional 2-year period if the Secretary de- ‘‘(6) promoting the benefits of and partici- Institute of Medicine. termines that— pation in the colorectal cancer screening (2) 8 YEARS.—Not later than 8 years after ‘‘(i)(I) without an extension of the waiver, program established under the grant. the date of enactment of this Act, the Insti- there will be a barrier to the enrollment of ‘‘(b) REQUIREMENTS.— tute of Medicine shall submit to the Sec- qualifying women; or ‘‘(1) PRIORITY.—To be eligible for a grant retary of Health and Human Services a re- ‘‘(II) the State requesting such extended under subsection (a), an entity shall agree port containing information and rec- waiver will use the waiver to leverage pri- with respect to activities and services under ommendations on the areas described in sub- vate funds to supplement each of the services the grant to target low-income— section (a), including data collected from rel- or activities described in paragraphs (1) and ‘‘(A) individuals who are at least 50 years evant demonstration projects. (2) of section 1501(a); of age; or (3) REPORTS.—The Secretary of Health and ‘‘(ii) the waiver has not, and will not, re- ‘‘(B) individuals at high risk for colorectal Human Services shall submit the reports de- duce the number of women in the State that cancer (as defined in section 1861(pp)(2) of scribed in paragraphs (1) and (2) to the rel- receive each of the services or activities de- the Social Security Act (42 U.S.C. evant committees of Congress. scribed in paragraphs (1) and (2) of section 1395x(pp)(2))). (c) DEFINITIONS.— 1501(a); and ‘‘(2) RELATIONSHIP TO ITEMS AND SERVICES (1) PALLIATIVE CARE; QUALITY OF CANCER ‘‘(iii) the waiver has not, and will not, re- UNDER OTHER PROGRAMS.—To be eligible for a CARE.—The terms ‘palliative care’ and ‘qual- sult in lower quality in the State of each of grant under subsection (a), an entity shall ity of cancer care’ have the meanings given the services or activities described in para- agree that grant funds will not be expended such terms in section 399AA of the Public graphs (1) and (2) of section 1501(a). to make payments for any item or service to Health Service Act. ‘‘(3) REPORTING REQUIREMENT.—The Sec- the extent that payment has been made, or (2) COMPREHENSIVE CANCER CONTROL PRO- retary shall include as part of the evalua- can reasonably be expected to be made, with GRAM.—The term ‘comprehensive cancer con- tions and reports required under section 1508, respect to such item or service— trol program’ has the meaning given such the following: ‘‘(A) under any State compensation pro- term in section 320B of the Public Health ‘‘(A) A description of the total amount of gram, under an insurance policy, or under Service Act. dollars leveraged annually from private enti- any Federal or State health benefits pro- (3) HEALTH DISPARITY POPULATION AND ties in States receiving a waiver under para- gram; or HEALTH DISPARITIES RESEARCH.—The terms graph (1) and how these amounts were used. ‘‘(B) by an entity that provides health ‘‘health disparity population’’ and ‘‘health ‘‘(B) With respect to States receiving a service on a prepaid basis. disparities research’’ have the meanings waiver under paragraph (1), a description of ‘‘(3) RECORDS AND AUDITS.—To be eligible given such terms in section 399AA of the the percentage of the grant that is expended for a grant under subsection (a), an entity Public Health Service Act. on providing each of the services or activi- shall agree that the entity will— (d) AUTHORIZATION OF APPROPRIATIONS.— ties described in paragraphs (1) and (2) and ‘‘(A) establish such fiscal control and fund There is authorized to be appropriated to paragraphs (3) through (6) of section 1501(a). accounting procedures as may be necessary carry out this section, such sums as may be ‘‘(C) A description of the number of States to ensure proper disbursal of, and accounting necessary for each of fiscal years 2006 receiving waivers under paragraph (1) annu- for, amounts received under this section; and through 2010. ally. ‘‘(B) provide agreed upon annual reports to Mr. KENNEDY. Mr. President, it is a ‘‘(D) With respect to States receiving a the Secretary or the Comptroller of the privilege to join my colleague Senator waiver under paragraph (1), a description of United States for the purposes of auditing BILL FRIST in introducing this bipar- the number of women receiving services the expenditures by the entity. tisan legislation to improve the pre- under paragraphs (1), (2), and (3) of section ‘‘(4) REPORTS.—To be eligible for a grant vention and treatment of cancer. The 1501(a) in programs before and after the under subsection (a), an entity shall agree to Quality of Care for Individuals with granting of such waiver.’’. submit to the Secretary such reports as the Cancer Act is a result of the combined (b) AUTHORIZATION OF APPROPRIATIONS.— Secretary determines appropriate. Section 1510(a) of the Public Health Service ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— efforts of many in the cancer commu- Act (42 U.S.C. 300n-5(a)) is amended by strik- There is authorized to be appropriated to nity, including patients, families, can- ing ‘‘$50,000,000’’ and all that follows through carry out this section, such sums as may be cer survivors, and health providers. Its the period, and inserting ‘‘such sums as may necessary for each of fiscal years 2005 goal is to see that as many of our fel- be necessary for each of fiscal years 2004 through 2009.’’. low citizens as possible are able to ob- through 2009.’’. TITLE XII—CONDUCTING REPORTS tain state-of-the-art cancer care. TITLE XI—COLORECTAL CANCER SEC. 1201. STUDIES AND REPORTS BY THE INSTI- The Nation’s continuing investment SEC. 1101. PROGRAMS TO IMPROVE COLORECTAL TUTE OF MEDICINE. in medical research in the past decade CANCER SCREENING. (a) CONTRACT.—The Secretary shall enter has led to many new and innovative op- Title XV of the Public Health Service Act into a contract with the Institute of Medi- tions in cancer treatment and preven- (42 U.S.C. 300k et seq.) is amended by adding cine to— tion. We all want to believe that when at the end the following: (1) evaluate Federal and State activities a loved one or someone we know is di- ‘‘SEC. 1511. COLORECTAL CANCER SCREENING relating to comprehensive cancer control agnosed with cancer, they will benefit DEMONSTRATION PROJECT. programs and activities; from the latest and most effective ‘‘(a) IN GENERAL.—The Secretary, acting (2) evaluate the quality of cancer care (in- through the Director of the Centers for Dis- cluding palliative care, end-of-life care, and treatments. Unfortunately, that is ease Control and Prevention, shall award survivorship) that medicare and medicaid often not the case. competitive grants to public and nonprofit beneficiaries receive and the extent to which Many cancer patients receive the private entities to enable such entities to es- medicare and medicaid coverage and reim- wrong care, too little care, or even too tablish demonstration programs pursuant to bursement policies affect access to quality much care. Colon cancer is 85 percent the general authority of title III to carry out cancer care; curable if it is detected early through colorectal screening activities including— (3) evaluate data from the Centers for screening. Yet today less than half of ‘‘(1) screening asymptomatic individuals as Medicare & Medicaid Services and other all Americans who should be screened determined by the Secretary in accordance agencies on volume-outcome relationships; for colon cancer are actually screened. with category A or B recommendation rating (4) evaluate access to clinical trials and If we do not act to correct these prob- of the U.S. Preventive Service Task Force or the relationship of such access to the quality as otherwise determined by the Secretary; of cancer care, especially with respect to lems, over a quarter of a million par- ‘‘(2) providing appropriate case manage- health disparity populations; and ents, sons and daughters, will die from ment and referrals for medical treatment of (5) assess existing gaps in and impediments this curable cancer in the next 5 years. individuals screened pursuant to this sec- to the quality of cancer care, including gaps Much more can be done to extend the tion; in data, research and translation, seamless reach of high-quality cancer care and

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00150 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8767 reduce this burden of unnecessary suf- honor of recreating Post’s trip on its level, to remote places normally acces- fering and premature death. New dis- 60th anniversary. sible only to professional scientists; coveries of science can be brought Oklahoma’s aviation history does not and HighShips, which is in the business much more quickly from the research stop there. On November 2, 1929, 26 li- of developing innovative lighter-than- laboratory to the bedside of the patient censed women pilots founded what was air flying vehicles. and to the practice of medicine in all known as the 99 Club, or the Ninety- Several communities in southwestern communities. Nines. It was called so at the sugges- Oklahoma stand to either benefit from, Our bill will help assure that the care tion of its first president, Amelia take part in, or have synergies with of cancer patients is coordinated from Earheart, because of the 117 licensed commercial space development includ- diagnosis through successful treat- women pilots in America who were ing: Burns Flat which boasts the third ment. The quality of end of life care contacted about joining the club, only longest runway in North America, will be significantly improved. Needed 99 actually joined. The South Central Sayre, Frederick, Elk City, Hobart and programs will be established to meet Section of the 99 Club comprising sev- Altus Air Force Base. I look forward to the ongoing needs of cancer survivors eral States including Oklahoma, has working with these communities in the and their families. through the years, issued several publi- future, such as with Oklahoma House Health care provider training will cations and in 1962, Mary Lester of the District 63 Representative Don Armes. make the latest in cancer care avail- Oklahoma Chapter created a new I encourage any and all companies able through improved education and version of the Club’s publication, the and individuals who would like to be- come involved in the commercial space networking. Patients will have access Ninety-Nine News. Today, the 99 club industry to come to southwestern to providers who know how to deliver is an international organization of li- Oklahoma. Oklahoma welcomes space the most effective cancer treatment at censed women pilots from 35 countries, industries with these features; Tax and the right time and in the right way. with its international headquarters at Financial Incentives, Oklahoma Qual- Today, the best in medical research Will Rogers World Airport in Okla- ity Job Program: Quarterly cash pay- is too often not available to treat and homa City. ments of 5% of new payroll for 10 years; cure many different types of cancer, es- In 1999, the Oklahoma State Legisla- Investment Tax Credit: Credit equal 1% pecially leukemia, breast cancer, and ture established the Oklahoma Space of the investment in depreciable prop- prostate cancer. The treatments will Industry Development Authority erty for 5 years-doubles in this Enter- vary for each patient, but the standard OSIDA to create a commercial space- prise zone; Sales/Use Tax Refund: Re- of excellence in cancer care should be port that will ‘‘expand and economi- funds tax paid on construction mate- widely available to all. Enactment of cally develop the space frontier with rials in new manufacturing facility; this legislation will bring that day advanced spacecraft operating facili- Property Tax Exemptions: 5-year closer, and I look forward to its enact- ties.’’ Furthermore, OSIDA’s mission is abatement on 100 percent of property ment, its implementation, and the ben- to carry out this vision with ‘‘. . . de- tax on new investment in manufac- efits it will bring to so many of our fel- liberate and forceful . . . planning and turing space; Sales/Use Tax Exemption: low citizens in the years ahead. development of spaceport facilities, launch systems and projects, and to Available for machinery and equip- By Mr. INHOFE: successfully promote and stimulate the ment used in manufacturing, including S. 2772. A bill to promote the develop- creation of space commerce, education property consumed; Accelerated Fed- ment of the emerging commercial and space related industries in Okla- eral Property Depreciations: Provides human space flight industry, to extend homa.’’ approximately 40 percent shorter re- the liability indemnification regime In March of 2001, I appealed to NASA, covery period for depreciable property for the commercial space transpor- on behalf of the Oklahoma Space In- on Indian land. tation industry, to authorize appro- dustry Development Authority, to re- Training Incentives: Vocational priations for the Office of the Associate ceive nearly a quarter of a million dol- Technology School free to employees; Administrator for Commercial Space lars in grant money. Part of this grant customized assistance in employee Transportation, and for other purposes; is paid for the opening of the Oklahoma screening; job training partnership pro- to the Committee on Commerce, Spaceport. My efforts to build a space gram. Financing: Oklahoma Finance Au- Science, and Transportation. industry in Oklahoma are coming to thority low cost loans; venture capital Mr. INHOFE. Mr. President, I rise fruition with that March 2002 launch of program facilitated by the agency; today to proudly introduce the Space ‘‘Dark Sky Station,’’ from the Space- bonding by the agency; business finan- Commercial Human Ascent Serving port in Burns Flat. The rest of the cial assistance. Expeditions Act also known as the money from the NASA grant went to Site Specifics: existing available Space CHASE Act. nine other organizations around the buildings: Hangars, office space, main- Because Oklahoma has significant State, dedicated to providing space-re- tenance, warehouses; over 13,500 feet history in aviation, I believe it is well lated education. runway, ramp space; 3,000 acres of open positioned to be a leading State in the I applaud OSIDA for this aggressive space; utilities, infrastructure in place; up-and-coming commercial space in- economic plan and, as a result, know of rail spur, major Interstate Highway ac- dustry. 15 companies that have entered into cess; more than 340 days of clear skies; Since 1910, beginning with Charles F. Memoranda of Understanding with polar and ISS orbit launch windows Willard who only flew a few hundred OSIDA: Armadillo Aerospace; Space available; no environmental issues; site yards in a south Oklahoma City field, Development; XCOR Aerospace; Zero geology supports any type of construc- Oklahomans have been flying. Gravity; Pioneer Rocketplane; Vela tion. The following year, Clyde Cessna, an Technology; Rocketplane, Ltd.; JP Please come to Oklahoma to advance automobile dealer from Enid who later Aerospace; TGV Rockets; JP commercial space exploration and formed the Cessna Aircraft Company, Skylaunch; Space Adventures; Jim avail yourself of Oklahoma’s benefits. flew his mono-wing airplane near Jet, Schouten Enterprises; Universal Coming from Oklahoma’s distin- OK. Spaceliners; Takeoff Technologies; and guished aviation heritage and innova- Such early flights in Oklahoma con- Space Assets. tive activity in the aerospace sector, as tinued and in 1929 perhaps one of the Oklahoma is also home to business well as my experience as a commer- most notable aviation events occurred done by other such companies and enti- cially licensed pilot instructor, I rise in Waynoka, OK, where Charles Lind- ties as: Beyond-Earth Enterprises, today to introduce what I believe is a bergh stopped on the first trans- which is helping to revitalize the pas- bill to benefit current and future aero- continental passenger air and rail serv- sion of space travel by providing pay- space companies in Oklahoma and ice. load launch capabilities at affordable throughout our entire Nation. By 1931, Wiley Post, from Maysville, rates; the Global Space League, Inc., a This legislation came to fruition OK, gained international recognition 501(c)3 nonprofit institution which after I facilitated many negotiations when he flew around the world in a lit- takes science experiments from stu- between the Federal Aviation Author- tle over 8 days. In July 1991, I had the dents, kindergarten through university ity, the House Science Subcommittee

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00151 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8768 CONGRESSIONAL RECORD — SENATE July 22, 2004 on Space and Aeronautics, the Senate Mr. Lucas of Oklahoma. Mr. Chairman, I can be achieved through an Commerce Committee, aerospace com- appreciate the gentleman from New York incentivized approach rather than a panies and the Oklahoma Space Indus- (Mr. Boehlert) and the gentleman from Ten- governmental mandate or punitive ap- trial Development Authority. nessee (Mr. Gordon) bringing this important proach. Incentivize and safely get gov- My language adds to H.R. 3752, the bill to the floor, because the emerging com- mercial human space flight industry pre- ernment out of the way is the philos- Commercial Space Launch Amend- sents tremendous opportunities for my State ophy of my bill. Tempt not only the ments Act of 2004, which updates the of Oklahoma and our Nation as a whole. I am pocketbook but the vision of anyone Commercial Space Launch Act of 1984, particularly appreciative of this bill’s intent who has the creativity and imagination by accounting for a new class of sub-or- to ease the regulatory burdens for entre- to pursue it. preneurs who are developing new suborbital bital launch vehicles that use hybrid f technology—a combination of rocket reusable launch vehicles. and jet engines—to create a fair ap- Mr. Boehlert. Mr. Chairman, will the gen- SUBMITTED RESOLUTIONS tleman yield? proach to future civilian suborbital Mr. Lucas of Oklahoma. I yield to the gen- flights. tleman from New York. In this legislation to advance the SENATE RESOLUTION 415—TO AU- Mr. Boehlert. Mr. Chairman, I thank the THORIZE THE PRODUCTION OF commercial space community, I have gentleman for his kind words. He is correct successfully covered hybrid aerospace in stating that this legislation seeks to put RECORDS BY THE PERMANENT vehicles. in place sufficient Federal regulation to pro- SUBCOMMITTEE ON INVESTIGA- By defining a sub-orbital vehicle as a tect the general public while also promoting TIONS OF THE COMMITTEE ON rocket-propelled vehicle, ‘‘in whole or this important new industry. GOVERNMENTAL AFFAIRS in part, intended for flight on a sub-or- Mr. Lucas of Oklahoma. As you know, Mr. Mr. FRIST (for himself and Mr. bital trajectory, and whose thrust is Chairman, some suborbital reusable launch vehicles that will be used in commercial DASCHLE) submitted the following reso- greater than its lift for the majority of human space flight activities may have some lution; which was considered and the rocket-powered portion of its as- attributes normally associated with air- agreed to: cent,’’ aerospace companies will now planes as well as many attributes of rockets. S. RES. 415 face less regulation than with previous My hope is that such hybrid vehicles would Whereas, during the 106th and 107th Con- definitions for this type of vehicle. not have to be regulated under two separate gresses, the Permanent Subcommittee on In- Under my language, the FAA’s Office regimes. What are the chairman’s views on vestigations of the Committee on Govern- of Commercial Space Transportation this matter? mental Affairs conducted an investigation will now have sole regulation authority Mr. Boehlert. I thank the gentleman for into money laundering activities in the U.S. for sub-orbital hybrid vehicles, and will that question. financial services sector, including examina- This is a very important issue on which we tions of money laundering activities in pri- now be appropriately considered and li- have worked extensively with industry and vate banking, correspondent banking, and censed as launch vehicles. By this clas- the executive branch in developing this bill. the securities industry; sification, aerospace companies such as As currently drafted, H.R. 3752 incorporates Whereas, by agreement to Senate Resolu- Rocketplane, which utilizes hybrid definitions promulgated by the Federal Avia- tion 77, 107th Congress, the Senate author- tion Administration to distinguish between technology, will now avoid being forced ized the Chairman and Ranking Minority suborbital rockets, which are under the ju- to go through a lengthy two-step li- Member of the Subcommittee, acting joint- risdiction of FAA’s Associate Administrator censing process formerly required for ly, to provide to law enforcement officials, for Commercial Space Transport, and other both launch vehicles and commercial legislative bodies, regulatory agencies, and aerospace vehicles which are regulated by aircraft and will have the opportunity other entities or individuals duly authorized another part of the FAA. That said, I would by federal, state, or foreign governments, to be licensed to carry civilian pas- be happy to keep working with the gen- records of the Subcommittee’s investigation sengers much more quickly. tleman from Oklahoma (Mr. Lucas) and into the use of correspondent banking for the In addition to the definition of sub- other interested parties as the bill moves purpose of money laundering; orbital flight, I am also proud of the in- forward to revisit the important issue of how Whereas, during the present Congress, the demnification and insurance provisions best to regulate hybrid vehicles that are en- Subcommittee has been conducting a fol- gaged in commercial human space flight. of this legislation which make it pos- lowup to its earlier money laundering inves- Mr. Lucas of Oklahoma. I thank the chair- sible for small companies to enter into tigation to evaluate the enforcement and ef- man and I look forward to continuing to this business field, and am happy to fectiveness of key statutory anti-money work with him and our colleagues in the create the new ‘‘experimental permit’’ laundering provisions, using Riggs Bank of other body to see if we can create a single re- the District of Columbia as a case history; framework. gime for hybrid commercial space flight ve- Whereas, the Subcommittee is asking au- I know that my colleagues, House hicles. Science Space and Aeronautics Sub- thorization to provide records of its followup While I realize H.R. 3752 creates fair- committee Chairman ROHRABACHER investigation in response to requests from ness in regulation for the newly emerg- law enforcement officials, legislative bodies, and Committee Chairman BOEHLERT, and their aide, Timothy Hughes, have ing civilian space flight industry, I be- regulatory agencies, and foreign agencies lieve my language takes it a step fur- and officials; worked diligently to update the Com- Whereas, by the privileges of the Senate of mercial Space Launch Act of 1984 by ther by ensuring all companies enter- ing this field have a level licensing the United States and Rule XI of the Stand- introducing and passing H.R. 3752. ing Rules of the Senate, no evidence under I particularly want to thank my fel- playing field including those using hy- the control or in the possession of the Senate low Oklahoman and House Science brid technologies. can, by administrative or judicial process, be Committee member FRANK LUCAS for These are exciting times for this field taken from such control or possession but by requesting my involvement in this leg- of human endeavor. We are currently permission of the Senate; islation, along with requests from in the middle of a competition for the Whereas, when it appears that evidence Oklahoma State Senator Gilmer Capps, ANSARI X PRIZE. This competition is under the control or in the possession of the Senate is needed for the promotion of jus- Oklahoma State Representative Jack a courageous effort to refocus society’s attention on the last frontier—space. tice, the Senate will take such action as will Bonny, Oklahoma Lieutenant Governor promote the ends of justice consistent with Mary Fallon, and the Oklahoma Space To win the $10 million ANSARI X the privileges of the Senate: Now, therefore, Industry Development Authority, Con- PRIZE, the successful team will launch be it gressman LUCAS’ colloquy with Chair- a craft carrying at least three people to Resolved, That the Chairman and Ranking man BOEHLERT on the floor the House an altitude of at least 100 km, 62.5 Minority Member of the Permanent Sub- of Representatives on March 4, 2004, miles, return safely to Earth, then re- committee on Investigations of the Com- speaks of his interest in ensuring that peat it with the same craft within 2 mittee on Governmental Affairs, acting weeks. jointly, are authorized to provide to law en- this very commercial space legislation forcement officials, legislative bodies, regu- include hybrid vehicles that fly a bit With pilot Mike Melvill, the Burt Rutan team made a flight on June 21, latory agencies, and other entities or indi- like rockets and a bit like airplanes: viduals duly authorized by federal, state, or Mr. Boehlert. Mr. Chairman, I yield such 2004, but control problems prevented foreign governments, records of the Sub- time as he may consume to the gentleman the repeat flight within the 2 weeks. committee’s case study investigation into from Oklahoma (Mr. Lucas) for the purposes This brilliant concept of the Ansari X the enforcement and effectiveness of statu- of a colloquy. Prize exemplifies the excellence that tory anti-money laundering provisions.

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00152 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8769 SENATE RESOLUTION 416—CON- SENATE RESOLUTION 417—CON- NELSON of Florida, Mr. SARBANES, Mr. GRATULATING THE CALIFORNIA GRATULATING THE UNIVERSITY SHELBY, AND Mr. WYDEN) submitted the STATE UNIVERSITY, FULLERTON OF CALIFORNIA AT LOS ANGE- following resolution; which was consid- BASEBALL TEAM ON WINNING LES WOMEN’S SOFTBALL TEAM ered and agreed to: THE 2004 COLLEGE WORLD SE- ON WINNING THE 2004 NATIONAL S. RES. 418 RIES COLLEGIATE ATHLETIC ASSOCIA- TION CHAMPIONSHIP Whereas countless families in the United States live with prostate cancer; Mrs. FEINSTEIN (for herself and Mrs. FEINSTEIN (for herself and Whereas 1 in 6 men in the United States Mrs. BOXER) submitted the following Mrs. BOXER) submitted the following resolution; which was considered and will be diagnosed with prostate cancer in his resolution; which was considered and lifetime; agreed to: agreed to: Whereas over the past decade, prostate S. RES. 416 S. RES. 417 cancer has been the most commonly diag- Whereas on June 27, 2004, the California Whereas on May 31, 2004, the University of nosed non-skin cancer and the second most State University, Fullerton (‘‘Fullerton’’) California at Los Angeles (‘‘UCLA’’) women’s common cancer killer of men in the United Titans won the 2004 College World Series; softball team won the 2004 National Colle- States; giate Athletic Association (‘‘NCAA’’) cham- Whereas the 3 to 2 victory completed a 2 to Whereas over 230,000 men in the United pionship; 0 sweep of the heavily favored Texas States will be diagnosed with prostate can- Whereas the 3 to 1 victory completed an- Longhorns; cer and 29,900 men in the United States will other UCLA softball title run, this time over die of prostate cancer in 2004, according to Whereas the Fullerton team opened the the in-State rival, the California Bears; season with 15 wins and 16 losses, then con- American Cancer Society estimates; Whereas the victory marked UCLA’s tenth Whereas 30 percent of new cases occur in tinued on to win 32 of the next 38 games, fin- NCAA title in team history; ishing with 47 wins and 22 losses in the reg- men under the age of 65; Whereas the UCLA women’s softball team Whereas a man in the United States turns ular season; ended the season with an impressive 47 to 9 50 years old about every 14 seconds, increas- Whereas the Fullerton team won with the mark; ing the occurrence of cancer and, particu- superlative pitching of Jason Windsor, who Whereas UCLA trailed 1 to 0 for the first 5 larly, of prostate cancer; threw a complete game and was named Most innings, before Claire Sua tied the game with Outstanding Player of the College World Se- a solo home run; Whereas African-American males suffer a ries; Whereas freshman pinch hitter Kristen prostate cancer incidence rate as much as 60 Whereas Kurt Suzuki broke a 2 and 20 Dedmon hit a crucial 2–RBI single to give percent higher than White males and have slump with the game winning RBI single; UCLA the lead; double the mortality rates; Whereas obesity is a significant predictor Whereas the Fullerton roster also includes Whereas senior pitcher Keira Goerl became of prostate cancer severity and death; Joe Turgeon, Justin Turner, Clark Hardman, just the second pitcher in NCAA Division I Whereas if a man in the United States has Mark Carroll, Blake Davis, Brett Pill, Ricky history to win multiple title games; 1 family member diagnosed with prostate Romero, J.D. McCauley, Mike Martinez, Neil Whereas the UCLA roster also includes cancer, he has double the risk of prostate Walton, Ronnie Prettyman, Eric Hale, Evan Caitlin Benyi, Jaisa Creps, Lisa Dodd, An- drea Duran, Alissa Eno, Tara Henry, Ashley cancer, if he has 2 family members with such McArthur, Brandon Tripp, Shawn Scobee, Herrera, Whitney Holum, Julie Hoshizaki, diagnosis, he has 5 times the risk, and if he Scott Sarver, Bobby Andrews, Felipe Garcia, Jodie Legaspi, Stephanie Ramos, Nicole has 3 family members with such diagnosis, Ryan Schreppel, Danny Dorn, Armando Sandberg, Amanda Simpson, Shana Stewart, he has a 97-percent risk of prostate cancer; Carrasco, Jon Wilhite, Nolan Bruyninckx, Michelle Turner, and Emily Zaplatosch; Whereas screening by both digital rectal Lauren Gagnier, John Curtis, Evan Myrick, Whereas the coaching staff of Sue Enquist, examination and prostate specific antigen Dustin Miller, Vance Otake, Eric Echevarria, Kelly Inouye-Perez, and Gina Vecchione de- blood test can diagnose the disease in earlier P.J. Pilittere, Sergio Pedroza, Geoff Tesmer, serve much credit for the accomplishments and more treatable stages and reduce pros- John Estes, Mark Davidson, and Vinnie of their team; tate cancer mortality; Pestano; Whereas the UCLA team is the first team Whereas ongoing research promises to fur- Whereas Fullerton Coach George Horton to defend its NCAA title since 1997; ther improvements in prostate cancer pre- was competing against his mentor, former Whereas UCLA has won 10 of a possible 23 vention, early detection, and treatments; Fullerton coach Augie Garrido, who led the NCAA Division I softball championships; and and Whereas the students, alumni, faculty, and Titans to 3 previous national championships; Whereas educating people in the United supporters of UCLA are to be congratulated Whereas the coaching staff of George Hor- States, including health care providers, for their commitment and pride in their in- ton, Dave Serrano, Rick Vanderhook, and about prostate cancer and early detection stitution: Now, therefore, be it Chad Baum deserve much credit for the ac- strategies is crucial to saving men’s lives complishments of their team; Resolved, That the Senate— (1) congratulates the University of Cali- and preserving and protecting families: Now, Whereas the Fullerton baseball team has therefore, be it won national championships in 1979, 1984, fornia at Los Angeles Bruins on winning the 2004 National Collegiate Athletic Association 1995, and 2004, making it the only team to Resolved, That the Senate— Championship; win a national championship in each of the (1) designates September 2004 as ‘‘National (2) recognizes the achievements of the past 4 decades; Prostate Cancer Awareness Month’’; team; Whereas the students, alumni, faculty, and (2) declares that the Federal Government (3) requests that the President recognize has a responsibility to— supporters of Fullerton are to be congratu- the outstanding accomplishments of the (A) raise awareness about the importance lated for their commitment and pride in team; and of screening methods and treatment of pros- their institution: Now, therefore, be it (4) directs the Secretary of the Senate to tate cancer; Resolved, That the Senate— make available a copy of this resolution to (B) increase research funding that is com- (1) congratulates the California State Uni- University of California at Los Angeles for mensurate with the burden of the disease so versity, Fullerton Titans on their College appropriate display and to transmit an en- that the causes of prostate cancer, and im- rolled copy of this resolution to the 2004 Uni- World Series championship; proved screening, treatments, and a cure for versity of California at Los Angeles women’s (2) recognizes the achievements of the prostate cancer, may be discovered; and softball team. team; (C) continue to consider ways for improv- (3) requests that the President recognize ing the access to, and quality of, health care the outstanding accomplishments of the SENATE RESOLUTION 418—DESIG- services for detecting and treating prostate team; and NATING SEPTEMBER 2004 AS cancer; and (4) directs the Secretary of the Senate to ‘‘NATIONAL PROSTATE CANCER (3) requests that the President issue a make available a copy of this resolution to AWARENESS MONTH’’ proclamation calling on the people of the California State University, Fullerton for Mr. SESSIONS (for himself, Mr. United States, interested groups, and af- appropriate display and to transmit an en- fected persons to— REID, Mr. ALLEN, Mr. BAYH, Mr. rolled copy of this resolution to the 2004 (A) promote awareness of prostate cancer; California State University, Fullerton team. BROWNBACK, Mr. BUNNING, Mr. BURNS, (B) take an active role in the fight to end Mr. CAMPBELL, Mr. CORZINE, Mr. the devastating affects of prostate cancer on CRAPO, Mr. DAYTON, Mr. DODD, Mr. individuals, their families, and the economy; FEINGOLD, Mr. GRASSLEY, Mr. INOUYE, and Mr. JOHNSON, Mr. KOHL, Mr. LAUTEN- (C) observe the month of September 2004 BERG, Mr. LIEBERMAN, Mr. MILLER, Mr. with appropriate ceremonies and activities.

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00153 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8770 CONGRESSIONAL RECORD — SENATE July 22, 2004 SENATE RESOLUTION 419—EX- Presidential Transition Act of 1963 (3 U.S.C. The resolution encouraged states to PRESSING THE SENSE OF THE 102 note; Public Law 88–277); consider adopting such laws where they SENATE WITH RESPECT TO THE Whereas Congress has further concluded do not currently exist. CONTINUITY OF GOVERNMENT that ‘‘[a]ny disruption occasioned by the Today, I rise in support of a Senate transfer of the executive power could resolution on another profoundly non- AND THE SMOOTH TRANSITION produce results detrimental to the safety OF EXECUTIVE POWER and well-being of the United States and its partisan issue—the preservation of our Mr. CORNYN submitted the fol- people’’ under the Presidential Transition system of government in the wake of a lowing resolution; which was referred Act of 1963 (3 U.S.C. 102 note; Public Law 88– catastrophic terrorist attack. Just as to the Committee on Rules and Admin- 277); and most Americans would be shocked to istration: Whereas Congress has previously expressed learn about the incidence of forced its intent ‘‘that appropriate actions be au- S. RES. 419 labor and sexual servitude in commu- thorized and taken to avoid or minimize any Whereas members of the Senate, regardless nities across the country, I believe disruption’’ and ‘‘that all officers of the Gov- most Americans would be shocked to of political party affiliation, agree that the ernment so conduct the affairs of the Gov- American people deserve a Government that ernment for which they exercise responsi- learn that our laws are profoundly in- is failsafe and foolproof, and that terrorists bility and authority as (1) to be mindful of adequate to ensure continuity of gov- should never have the ability to disrupt the problems occasioned by transitions in the of- ernmental operations in the wake of a operations of the Government; fice of the President, (2) to take appropriate catastrophic terrorist attack. Whereas continuity of governmental oper- lawful steps to avoid or minimize disruptions I have spent a great deal of time and ations in the wake of a catastrophic terrorist that might be occasioned by the transfer of energy this past year on the issue of attack remains a pressing issue of national the executive power, and (3) otherwise to importance before the United States Con- continuity of government. Last Sep- promote orderly transitions in the office of tember, I chaired two hearings to ex- gress; President’’ under the Presidential Transition Whereas, at a minimum, terrorists should Act of 1963 (3 U.S.C. 102 note; Public Law 88– amine continuity of government prob- never have the ability, by launching a ter- 277): Now, therefore, be it lems in the two political branches of rorist attack, to change the political party Resolved, that it is the sense of the Senate government. On September 9, I chaired that is in control of the Government, regard- that during the period preceding the end of a a hearing of the Senate Judiciary Com- less of which party is in power; term of office in which a President will not mittee to examine continuity problems Whereas, whenever control of the White be serving a succeeding term— in the Congress, and on September 16, House shall change from one political party (1) that President should consider submit- Senator LOTT and I co-chaired a joint to another, the outgoing President and the ting the nominations of individuals to the incoming President should work together, Senate who are selected by the President- hearing of the Senate Rules and Judici- and with the Senate to the extent deter- elect for offices that fall within the line of ary Committees to look at problems in mined appropriate by the Senate, to ensure a succession; our system of Presidential succession. smooth transition of executive power, in the (2) the Senate should consider conducting These are not partisan issues. These interest of the American people; confirmation proceedings and votes on the are imminently nonpartisan issues, and Whereas, under the current presidential nominations described under paragraph (1), so I was pleased to work on those hear- succession statute in section 19 of title 3, to the extent determined appropriate by the United States Code, the members of the cabi- ings with my distinguished colleagues Senate, between January 3 and January 20 on the other side of the aisle—Senator net, defined as the heads of the statutory ex- before the Inauguration; and ecutive departments under section 101 of LEAHY, the ranking member of the Sen- (3) that President should consider agreeing title 5, United States Code, fall within the to sign and deliver commissions for all ap- ate Judiciary Committee, and Senator line of succession to the presidency; proved nominations on January 20 before the FEINGOLD, the ranking member of the Whereas, during previous presidential tran- Inauguration to ensure continuity of Gov- Senate Judiciary Subcommittee on the sition periods, the incoming President has ernment. Constitution, Civil Rights, and Prop- had to serve with cabinet members from the prior administration, including subcabinet Mr. CORNYN. Mr. President, yester- erty Rights, which I am honored to officials from the prior administration act- day I rose to address this body in sup- chair. ing as cabinet members, for at least some pe- port of a Senate resolution on a pro- In November, I introduced Senate riod of time; foundly nonpartisan issue. As Presi- Joint Resolution 23, a proposed con- Whereas the Constitution vests the ap- dent Bush and the United States gov- stitutional amendment to ensure con- pointment power of executive branch offi- ernment continue their fight to protect tinuity of Congress. Constitutional cials in the President, by and with the advice the American way of life in the war legal experts across the political spec- and consent of the Senate, and nothing in trum have recognized that our current this resolution is intended to alter either the against terrorism, they have also been constitutional power of the President or the fighting another battle to protect laws are inadequate to ensure con- constitutional function of the Senate with American ideals and principles—a bat- tinuity of Congressional operations in regard to the confirmation of presidential tle against human trafficking and slav- the wake of a catastrophic terrorist at- nominees; ery. Most Americans would be shocked tack, and that only a constitutional Whereas an incoming President cannot ex- to learn that the institution of slav- amendment can ensure that the Amer- ercise the constitutional powers of the Presi- ery—an institution that hundreds of ican people will never have to suffer dent, in order to ensure a smooth transition thousands of Americans shed precious under martial law. of Government, until noon on the 20th day of The constitutional amendment I in- January, pursuant to the terms of the twen- blood to destroy—continues to persist tieth amendment to the Constitution; today—not just around the world, but troduced implements the recommenda- Whereas cooperation between the incoming hidden in communities across America. tions of the bipartisan blue ribbon Con- and the outgoing President is therefore the This is a new fight against an old evil. tinuity of Government Commission, only way to ensure a smooth transition of It is the most fundamental civil rights sponsored by the American Enterprise Government; issue of our time. Institute and the Brookings Institu- Whereas Congress throughout history has I was pleased to work with my lead tion. That commission is led by two of acted consistently and in a bipartisan fash- Democrat co-sponsor, Senator SCHU- our nation’s truly most distinguished ion to encourage measures to ensure the MER, as well as with Senators GRAHAM American statesmen—its honorary co- smooth transition of executive power from of South Carolina, LEAHY, and CLINTON, one President to another, such as through chairmen, former Presidents Jimmy the enactment of the Presidential Transition to introduce and obtain full Senate ap- Carter and Gerald Ford—as well as by Act of 1963 (3 U.S.C. 102 note; Public Law 88– proval of Senate Resolution 414. That its two distinguished co-chairmen, 277) and subsequent amendments; resolution expressed strong support for former Senator Alan Simpson and Whereas Congress has previously concluded the Justice Department’s recent efforts former White House Counsel Lloyd that ‘‘[t]he national interest requires’’ that to combat human trafficking, under Cutler. The commission is comprised of ‘‘the orderly transfer of the executive power the leadership of the Civil Rights Divi- former high-ranking government offi- in connection with the expiration of the sion. The resolution noted that the cials of both parties, and ably staffed term of office of a President and the inau- Justice Department recently held its guration of a new President . . . be accom- by Norman Ornstein, John Fortier, and plished so as to assure continuity in the first-ever National Conference on Thomas Mann. faithful execution of the laws and in the con- Human Trafficking in Tampa, Florida, I know that there are sharp divisions duct of the affairs of the Federal Govern- where it announced a new comprehen- in the House over what kinds of con- ment, both domestic and foreign’’ under the sive model state anti-trafficking law. tinuity measures to adopt—whether

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00154 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8771 emergency interim appointments are mittee, in coming weeks and months so for four full years, could very well be a appropriate and necessary, or if expe- that the full committee can consider member of the outgoing administra- dited special elections alone are suffi- the merits of, and the need for, Senate tion—indeed, a member of the political cient. It is important to recognize that Joint Resolution 23. party that the American people ex- my amendment takes no position in Of course, Congress is not the only pelled from office at the most recent that debate. My amendment would not institution that faces serious problems election. compel either chamber of Congress to of continuity of operations. Our laws The resolution I introduce today adopt any particular methodology for are also inadequate with respect to would help prevent this from hap- redressing continuity problems. It Presidential succession. Article II of pening. As the resolution acknowl- would simply empower Congress to the Constitution gives Congress the edges, members of the Senate, regard- adopt legislation to guarantee con- power to enact laws to address Presi- less of political party affiliation, agree tinuity of Congressional operations— dential succession—just as my pro- that the American people deserve a power that Congress does not currently posed constitutional amendment would Government that is failsafe and fool- possess. It is modeled after Article II of give Congress such power with respect proof. We agree that terrorists should the Constitution, which empowers Con- to continuity of Congress. Yet legal ex- never have the ability to disrupt the gress to adopt legislation to provide for perts across the political spectrum operations of the Government. We continuity of the Presidency. have written that the current Presi- agree that continuity of governmental On January 27 of this year, I chaired dential succession statute is unconsti- operations in the wake of a cata- a hearing of the Senate Judiciary Com- tutional and unworkable. strophic terrorist attack remains a mittee so that legal experts could ex- Accordingly, I introduced legislation pressing issue of national importance amine the need for Senate Joint Reso- in February, right before President’s before the United States Congress. And lution 23. And on that same day, I in- Day, to reform the Presidential succes- we agree that, at a minimum, terror- troduced implementing legislation (S. sion statute (S. 2073). That same day, I ists should never have the ability, by 2031), entitled the Continuity of the also introduced a Senate resolution (S. launching a terrorist attack, to change Senate Act of 2004. Continuity prob- Con. Res. 89) to establish a protocol for the political party that is in control of lems affect both the House and the ensuring proper transition between an the Government—a principle that ap- Senate. Indeed, the Senate arguably outgoing President and a newly elected plies regardless of which party is in faces the most dire problem of all—if a President. Both measures were cospon- power. An incoming President, of course, majority of Senators are incapacitated, sored by Senator LOTT, the chairman of Congress could be disabled for as long the Rules Committee, which exercises cannot exercise the constitutional pow- ers of the President, in order to ensure as four years, the amount of time it jurisdiction over such matters. takes to elect a new majority of Sen- I am pleased to introduce a more ro- a smooth transition of Government, ators. The Continuity of the Senate bust version of that same resolution until noon on the 20th day of January, Act of 2004 would implement the con- today for the Senate’s consideration, in pursuant to the terms of the Twentieth stitutional amendment proposed by the form of a Senate resolution that re- Amendment of the Constitution. Ac- Senate Joint Resolution 23. It would quires the consent of only this body. It cordingly, cooperation between the in- simply empower each state to adopt is an important step to ensuring that, coming and the outgoing President is the only way to ensure a smooth tran- continuity measures for their senators no matter what, at a minimum, terror- sition of government. in case of incapacity—following the ists will never be able to determine, by Whenever control of the White House model of the 17th Amendment with re- launching a terrorist strike, which spect to Senate vacancies. I am pleased shall change from one political party party controls the White House. to another, the outgoing President and that Senators DODD and LOTT agreed to Imagine if you will that it is January the incoming President should work serve as original co-sponsors of this 20, the inauguration date for a new in- together, and with the Senate to the legislation. After all, they are the coming President. The sun is shining, extent deemed appropriate by the Sen- ranking Democrat and Republican, re- and the American people are watching. ate, to ensure a smooth transition of spectively, on the Senate Rules Com- The new President and Vice President executive power, in the interest of the mittee—the committee that would sit on the center platform just steps American people. Accordingly, the res- have jurisdiction to consider the Con- away from the Capitol Rotunda, joined olution establishes a non-binding pro- tinuity of the Senate Act, in the event by American and foreign dignitaries. tocol—a protocol with three parts. that the constitutional amendment I Leaders of both Houses of Congress sit First, the resolution states that an have proposed is approved by two- nearby as well. It is a beautiful day— outgoing President should consider thirds of the Congress and three- but as national security and continuity submitting the nominations of individ- fourths of the states. of government experts have long recog- uals to the Senate who are selected by On May 13, I convened a meeting of nized, it is also a window of vulner- the President-elect for offices that fall the Senate Judiciary Subcommittee on ability. If terrorists launched a suc- within the line of succession. Under the the Constitution, Civil Rights and cessful strike on Inauguration Day, it current Presidential succession statute Property Rights—the subcommittee could wipe out not only our new Presi- (3 U.S.C. § 19), that means the members that possesses jurisdiction over con- dent, but also the first three people of the Cabinet, defined as the heads of stitutional amendments. I am pleased who are in the line of Presidential suc- the statutory executive departments (5 that the subcommittee approved Sen- cession under our current Presidential U.S.C. § 101). ate Joint Resolution 23 on a bipartisan succession statute—the Vice President, Second, the resolution provides that vote. I am particularly pleased that the the Speaker of the House, and the the Senate should consider conducting resolution was supported by my distin- President pro tempore of the Senate. confirmation proceedings and votes on guished colleague, the subcommittee’s What happens next? Cabinet nominations, to the extent ranking Democrat, Senator FEINGOLD. Well, imagine that the election of the deemed appropriate by the Senate, be- I know from working with him these prior year had resulted in a change of tween January 3 and January 20 before past several months that he is no fan of political party control of the White the Inauguration. Of course, nothing in constitutional amendments. And of House. During previous Presidential the resolution purports to alter the course, everyone in this chamber transition periods, a new incoming constitutional powers of either the agrees that the Constitution should President has had to serve with Cabi- President or the Senate, and indeed, not be amended casually. Yet he recog- net members from the prior adminis- nothing in this resolution could con- nized—as have constitutional legal ex- tration—including sub-Cabinet officials stitutionally do so. perts across the political spectrum— from the prior administration acting as And third, the resolution encourages that the only way to ensure continuity Cabinet members—for at least some pe- the outgoing President to consider of Congressional operations is a con- riod of time. That means that, in the agreeing to sign and deliver commis- stitutional amendment. I look forward event of a successful inaugural day at- sions for all approved nominations on to working with Senator HATCH, the tack, the official who could rise to be- January 20 before the Inauguration— chairman of the Senate Judiciary Com- come Acting President, perhaps serving all to ensure continuity of government.

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00155 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8772 CONGRESSIONAL RECORD — SENATE July 22, 2004 I am pleased that this resolution has whose text you have shared with me express- the President-elect and the Senate alike, of received such strong support amongst ing the sense of the Senate with respect to providing an early, expeditious process for experts in the fields of continuity of continuity of government and the smooth ensuring that the President’s Cabinet is in government and constitutional law. transition of Executive power. I write not as place. The process thus promises to reduce a This is a truly nonpartisan effort, so I a friend and supporter of Senators Kerry and serious danger without compromising impor- Edwards, whose election this November to tant structural values. am particularly pleased that the reso- the presidency and vice presidency I believe lution is so enthusiastically supported you know I strongly favor, but as a citizen of One of the most central goals of our con- by constitutional legal experts such as this nation and, for more than 30 years, a stitutional system is to create an energetic Walter Dellinger, Cass Sunstein, Lau- professor of constitutional law who is de- and unitary executive branch, one that is ca- rence Tribe, Michael Gerhardt, and voted to the success of its government of, by, pable of prompt and expeditious action. See Howard Wasserman. Rather than re- and for the people, The Federalist No. 70; E. Corwin, The Presi- peat their words here, I will simply ask The Resolution I have read is a non-bind- dent—Office and Powers 3–30 (1957). This res- unanimous consent that their letters ing measure that creates no obligations or olution, at once bipartisan and nonpartisan, rights and imposes no restrictions. For this be included in the CONGRESSIONAL would serve to promote that goal under con- reason among others, it is fully consistent temporary conditions. RECORD at the close of my remarks. with the Constitution of the United States. Sincerely, Throughout history, Congress has Unlike some such non-binding measures, CASS R. SUNSTEIN. acted consistently and in a bipartisan however, this one seems to me extremely fashion to encourage measures to en- wise. It entails no posturing, and the rec- sure the smooth transition of Execu- ommendations it makes for the transition O’MELVENY & MYERS LLP, tive power from one President to an- from an incumbent president’s administra- Washington, DC, July 22, 2004. other. I think, for example, of the Pres- tion to that of a newly elected president who Re: ‘‘Smooth Transition’’ Proposed Legisla- tion. idential Transition Act of 1963, and its is not the incumbent—a situation I fervently subsequent amendments. In that Act, hope we will confront between November 2, Hon. JOHN CORNYN, 2004, and January 20, 2005—seem to me not U.S. Senate, Congress concluded that ‘‘[t]he na- only sensible but potentially crucial, espe- Washington, DC. tional interest requires’’ that ‘‘the or- cially during a period of our history when fa- DEAR SENATOR CORNYN: On rare occasions a derly transfer of the executive power in natic international terrorism threatens to connection with the expiration of the disrupt our political and governmental proc- suggestion comes along that is truly a good term of office of a President and the in- esses. The recommendations are such that a government idea. The ‘‘smooth transition’’ auguration of a new President . . . be non-partisan, good-government perspective resolution you have proposed is a premier ex- accomplished so as to assure con- would commend this Resolution to the entire ample. It is a simple idea that would Senate, and I strongly support its adoption. strengthen our government, regardless of tinuity in the faithful execution of the party and regardless of ideology. To have the laws and in the conduct of the affairs Yours truly, LAURENCE TRIBE. outgoing President, in his final weeks in of- of the Federal Government, both do- fice, submit to the Senate the nominations mestic and foreign.’’ Congress further UNIVERSITY OF CHICAGO LAW SCHOOL, of those individuals the new President-elect concluded that ‘‘[a]ny disruption occa- Chicago, IL, July 22, 2004. has chosen for the cabinet is not merely a sioned by the transfer of the executive Senator JOHN CORNYN, convenience: it is essential in an era in power could produce results detri- Chairman, Senate Subcommittee on the Con- which our government must be ever vigilant. mental to the safety and well-being of stitution, Civil Rights, and Property Rights, I served in the White House in February, Senate Committee on the Judiciary, U.S. the United States and its people.’’ Ac- March and April of 1993. As you will recall, Senate, Washington, DC. cordingly, Congress expressed its in- the position of Attorney General was not DEAR SENATOR CORNYN: I am writing to ex- tent ‘‘that appropriate actions be au- filled in a timely fashion. In my view this re- thorized and taken to avoid or mini- press support, from the standpoint of con- stitutional structure and good governance, sulted in serious mistakes being made, as the mize any disruption’’ and ‘‘that all offi- for the proposed resolution involving con- President turned to the White House staff for cers of the Government so conduct the tinuity in government, which would contain advice and legal opinions that would have affairs of the Government for which the following language: come from the Department of Justice had they exercise responsibility and au- ‘‘Resolved, that it is the sense of the Sen- there been a functioning Attorney General. thority as (1) to be mindful of problems ate that during the period preceding the end Because of the great and steady influence of occasioned by transitions in the office of a term of office in which a President will career lawyers at Justice, the advice from of President, (2) to take appropriate not be serving a succeeding term— that Department is generally more solid and lawful steps to avoid or minimize dis- (1) that President should consider submit- consistent over time than a President re- ruptions that might be occasioned by ting the nominations of individuals to the ceives when he has to rely on the White Senate who are selected by the President- House to carry out duties that should be per- the transfer of the executive power, elect for offices that fall within the line of and (3) otherwise to promote orderly formed by the Attorney General. So I know succession; first hand how important it is to have new transitions in the office of President.’’ (2) the Senate should consider conducting Department Heads in place at the moment Close cooperation between an incom- confirmation proceedings and votes on the the new President is sworn in to office. ing President and an outgoing Presi- nominations described under paragraph (1), dent is the only way to ensure a to the extent deemed appropriate by the Sen- Your amendment does more than facilitate smooth transition of government. So ate, between January 3 and January 20 be- the smooth functioning of government. It this evening, just days away from the fore the Inauguration; and sets the right tone at a time when so many partisan battles divide us in spirit. Our par- first of our nation’s two great political (3) that President should consider agreeing to sign and deliver commissions for all ap- ties should compete vigorously on policy and conventions, I am pleased to introduce proved nominations on January 20 before the present alternative visions and plans to the a resolution to ensure continuity of Inauguration, to ensure continuity of Gov- American people. But then we should facili- government during a unique window of ernment’’ tate rather than inhibit the capacity of the vulnerability—the Presidential inau- The significant advantage of the suggested prevailing party to do the job the American gural period. And I look forward to fur- process is that in the event of terrorist at- people have chosen them to do. This is a sen- ther debate and discussion on other tack or other large-scale disruption, it would timent I expressed four years ago in the legislation to ensure the continuity of reduce the risk that there would be ‘‘gaps’’ pages of The Wall Street Journal as the new our national government. in the personnel and operation of the Execu- administration of President George W. Bush There being no objection, the mate- tive Branch. If the process operates as sug- came to power. I am taking the liberty of in- gested, then there would be no period in cluding a copy of ‘‘The Wrong Way to Op- rial was ordered to be printed in the which certain high-level offices (those that RECORD, as follows: pose’’ from the Journal for January 10, 2001. fall within the line of succession) lack per- I wish I had thought of your idea and in- HARVARD UNIVERSITY, sonnel of the President’s choosing. A dis- cluded it in that piece. Cambridge, MA, July 22, 2004. advantage of the suggested process is that it Hon. JOHN CORNYN, would put perhaps unwelcome time pressure I hope your resolution is adopted with Chairman, U.S. Senate Judiciary Subcommittee on both the President-elect and the Senate— great bi-partisan support. Best wishes to on the Constitution, Civil Rights & Property while also putting the sitting President in a you. Rights, Washington, DC. mildly awkward position. Nonetheless, the Very truly yours, DEAR SENATOR CORNYN: I am writing to text of the Resolution is not rigid (‘‘should WALTER E. DELLINGER, commend you for drafting the Resolution consider’’), and there are large virtues, for of O’Melveny & Myers LLP.

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00156 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8773

THE COLLEGE OF WILLIAM & MARY FLORIDA INTERNATIONAL UNIVERSITY, line of presidential succession. The practice SCHOOL OF LAW, Miami, FL, July 22, 2004. created by the Resolution, in connection Williamsburg, VA, July 22, 2004. Hon. JOHN C. CORNYN, with the proposed changes to the succession Hon. JOHN CORNYN, U.S. Senate, statute, thus provides the only way to ensure U.S. Senate, Committee on the Judiciary, Sub- Washington, DC. a popularly and politically justifiable meth- committee on the Constitution, Civil Rights, DEAR SENATOR CORNYN: I write in support od of presidential succession in the event of and Property Rights, Washington, DC. of your Sense-of-Senate Resolution, pro- an Inauguration Day tragedy. DEAR SENATOR CORNYN: I write to express posing a new informal practice for nomi- This informal practice benefits both polit- my support for the resolution you are intro- nating and confirming Cabinet officials when ical parties and the American People as a ducing suggesting that the President and the White House changes party hands. The whole, ensuring a smooth transition when- Senate should each consider taking par- Resolution urges an outgoing President to ever executive power transfers between par- ticular actions later this year to ensure a nominate, and the new Senate to hold hear- ties. In fact, the partisan cooperation inher- smooth transition and the continuity of gov- ings and confirm, some or all of the Presi- ent in the practice (an outgoing President of ernment. I share your concerns about pos- dent-elect’s Cabinet prior to the January 20 one party nominating the policy support of sibly crippling attacks against our govern- Inauguration. his successor) may ease the political rancor ment by terrorists and your efforts to ame- Thomas Jefferson’s ascension to the presi- in the wake of a heated election. This plan liorate the effects of any such attacks. I be- dency has been labeled the Revolution of 1800 deserves the support of both parties and lieve your proposed resolution expresses a in part because it marked one of the first should be passed. noble ideal for the President and the Senate peaceful and orderly transfers of executive Thank you for your time. Best of luck in to work together as smoothly and quickly as power. The continued peaceful and orderly your efforts. possible to ensure that the administration is transfer of executive power between political Cordially, fully staffed and operational during the crit- parties and ideologies has become a hall- HOWARD M. WASSERMANN. ical period after the 2004 presidential elec- mark of the American constitutional order. tion and before Inauguration Day in January However, the Inauguration ceremony that SENATE CONCURRENT RESOLU- 2005. attends this orderly transfer of power, with TION 131—CALLING ON THE GOV- I appreciate that resolutions on presi- leaders of all three branches of the federal ERNMENT OF SAUDI ARABIA TO dential nominations touch upon extremely government present, marks one of two peri- sensitive constitutional terrain. The Ap- CEASE SUPPORTING RELIGIOUS ods in which presidential succession and con- IDEOLOGIES THAT PROMOTE HA- pointments Clause of the Constitution vests tinuity is uniquely vulnerable to terrorist the President with the authority to nomi- attack. The other vulnerable period is when TRED, INTOLERANCE, VIOLENCE, nate certain high-ranking officials, and the President addresses a Joint Session of AND OTHER ABUSES OF INTER- presidents have fiercely protected this pre- Congress. And the safety valve used then— NATIONALLY RECOGNIZED rogative from encroachment by the Senate. having one person in the line of presidential HUMAN RIGHTS AND URGING The Appointments Clause also vests the Sen- succession, whether the Vice President or a THE GOVERNMENT OF THE ate with the authority to provide its ‘‘Advice Cabinet member, outside of Washington—is UNITED STATES TO PROMOTE and Consent’’ on presidential nominations, not available in the Inauguration scenario. and the Senate has defended this authority RELIGIOUS FREEDOM IN SAUDI The only people in the line of presidential from interference by any other branch. I be- ARABIA succession not present at the January 20 lieve your resolution has merit in part be- ceremony are Cabinet Secretaries (or per- Mr. SCHUMER (for himself and Ms. cause it accords due respect for the respec- haps only deputies acting as secretary) re- OLLINS tive appointments authorities of the Presi- C ) submitted the following con- dent and the Senate. It is non-binding. It maining from the outgoing administration. current resolution; which was referred does not require either branch to do any- It would be inconsistent with the expressed to the Committee on Foreign Rela- thing it prefers not to do. It shows due re- will of the People if a terrorist event on Jan- tions: uary 20, 2004 left the nation (only to use the spect for the autonomy of the President and S. CON. RES. 131 the Senate in exercising their respective au- next possible example of this scenario) not with four years of a President Kerry and Whereas the Department of State’s Coun- thorities over federal appointments. Separa- try Reports on Human Rights Practices for tion of powers problems arise when one Vice President Edwards, but with four years of Acting President Rumsfeld. 2003 concluded that human rights conditions branch encroaches upon, or seeks to usurp, remain poor in the Kingdom of Saudi Arabia; the authority of another branch. But, to its The proposal addresses this problem by en- suring that the Cabinet members in the line Whereas the Department of State’s Inter- credit, the resolution avoids such problems national Religious Freedom Report for 2003 by both acknowledging that its purpose is of succession during the handover of power on noon on January 20 will be the hand- concluded that religious freedom does not not to ‘‘alter the constitutional power of the exist in Saudi Arabia; President or the constitutional function of picked policy surrogates of the incoming President, those who had been chosen to help Whereas in a report on Saudi Arabia pub- the Senate with regard to the confirmation lished in May 2003, the United States Com- of Presidential nominations’’ and by calling the new President exercise executive power mission on International Religious Freedom upon the President and the Senate merely to and represent the national electoral con- has found that religious freedom does not ‘‘consider’’ taking certain actions later this stituency. Should tragedy strike the Inau- exist in Saudi Arabia and has concluded that year—the President in possibly nominating guration, the executive branch that emerges the Government of Saudi Arabia forcefully the President-elect’s nominees for cabinet conforms politically and ideologically with limits the public practice or expression of re- and other offices requiring confirmation, and the public will expressed the previous No- ligion to the Wahhabi interpretation of the Senate in considering holding confirma- vember. The acting president would be of the Islam; tion proceedings and votes on these nomina- same political party and policy commit- Whereas the Government of Saudi Arabia tions prior to the Inaugural. ments as the person just chosen by the Peo- I understand that the President-Elect may ple through the Electoral College. severely restricts non-Wahhabi places of not be able, for whatever reason, to nomi- I emphasize several aspects of the proposed worship and denies non-Wahhabi clerics nate all the people he would like by his inau- practice. First, it urges the Senate to hold entry into the country; gural. I also understand that the Senate may hearings and floor votes ‘‘to the extent fea- Whereas security forces of the Government not be able, for whatever reason, to act as sible.’’ This practice does not short-circuit of Saudi Arabia continue to abuse and tor- quickly as either the President-Elect or res- the Senate’s advice-and-consent role or rig- ture detainees and prisoners, including indi- olution suggests it ought to in taking final orous vetting of the President-elect’s Cabi- viduals held on account of their religious be- action upon his nominations. I also under- net. It commands that the Senate take best liefs or practices; stand that Presidents-Elect’s nominees efforts in the two-plus weeks between Janu- Whereas religious law is interpreted and sometimes run into troubles in confirmation ary 3 and Inauguration Day to confirm the enforced in Saudi Arabia in a manner that proceedings, and there is no way to prevent new Cabinet, particularly some or all of the affects every aspect of the lives of women in at least some impasses from occurring. But high-profile positions at the top of the De- Saudi Arabia and results in serious viola- your resolution does not require either the partments of State, Treasury, Defense, Jus- tions of the human rights of such women; President or the Senate to do anything in tice, and Homeland Security. Second, it Whereas the Government of Saudi Arabia particular; it merely expresses a noble ideal urges the outgoing President to sign and de- severely limits the freedom of movement of shared by those voting for it. liver Commissions to the new Secretaries on women and discriminates against women in I believe that this resolution, like your the morning of January 20, prior to the cere- education, employment, access to proposed constitutional amendment S.J. mony. Until that point, the lame-duck Presi- healthcare, marriage, and inheritance, Res. 23, should be commended for its non- dent still acts in the event of emergencies among other things; partisanship. I share your hope for a smooth with the counsel of his own Cabinet. Whereas the religious police in Saudi Ara- transition and continuity of the government Finally, the Resolution must be considered bia, known as the ‘‘Mutawaa’’, arbitrarily for whoever wins this November. in light of the Presidential Succession Act of raid private homes and exercise broadly de- Very truly yours, 2004, S. 2073, 108th Cong. (2004), which (prop- fined, vague powers, including the ability to MICHAEL J. GERHARDT, erly, both as a constitutional and policy use physical force and detain individuals Arthur B. Hanson Professor of Law. matter) removes legislative officers from the without due process;

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00157 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8774 CONGRESSIONAL RECORD — SENATE July 22, 2004 Whereas the Mutawaa intimidate, harass, (D) to uphold the international commit- of any initiative or program described in abuse, and detain citizens and foreigners of ments made by Saudi Arabia by respecting subparagraph (F). both sexes; and protecting the human rights of citizens Whereas, although the Government of and foreigners of both sexes in Saudi Arabia; SENATE CONCURRENT RESOLU- Saudi Arabia has publicly affirmed that all (E) to ratify and fully comply with inter- TION 132—AFFIRMING THE SUP- residents of Saudi Arabia have the liberty to national human rights instruments and co- PORT OF CONGRESS FOR PRE- worship in private, for several years, and as operate with United Nations human rights recently as the fall of 2003, Shi’a clerics have mechanisms, and, in particular, to sign, rat- SERVING THE IMAGE OF ALEX- been arrested, imprisoned, and tortured for ify, and implement the International Cov- ANDER HAMILTON ON THE FACE expressing their religious views and some enant on Civil and Political Rights done at OF $10 FEDERAL RESERVE foreign workers have been arrested, de- New York December 16, 1966; NOTES BECAUSE OF HIS STAND- tained, tortured, and deported for worship- (F) to immediately implement promised ING AS ONE OF THE UNITED ping in private; judicial, political, economic, and educational STATES’ MOST INFLUENTIAL Whereas offensive and discriminatory lan- reforms; FOUNDING FATHERS guage has been found in school textbooks (G) to cease messages of hatred, intoler- sponsored by Saudi Arabia, sermons in ance, or incitement to violence against non- Mr. LAUTENBERG (for himself, Mr. mosques, and articles and commentary in Wahhabi Muslims and non-Muslim religious CORZINE, Mr. SCHUMER, and Mrs. CLIN- the media about Jews, Christians, and other groups in the educational curricula and text- TON) submitted the following concur- non-Muslims; books, mosques, and media controlled by the rent resolution; which was referred to Whereas, in March 2004, the Government of Government of Saudi Arabia; the Committee on Banking, Housing, Saudi Arabia detained and imprisoned sev- (H) to permit the establishment of inde- and Urban Affairs: pendent, nongovernmental organizations to eral democratic reformers for criticizing the S. CON. RES. 132 strict religious environment and the slow advance human rights and to promote toler- Whereas Alexander Hamilton helped found pace of reform in Saudi Arabia; ance in Saudi Arabia, and to take action to and shape the United States by dedicating Whereas the Government of Saudi Arabia, create an independent human rights commis- his life to serve distinguished careers as an which enjoys access to the United States sion for the same purposes; American revolutionary soldier and states- media, refuses to allow the transmission of (I) to safeguard the freedom of non-Mus- man; Radio Sawa, which promotes values of de- lims, and of those Muslims who do not follow Whereas in 1772, Alexander Hamilton ar- mocracy, tolerance, and respect for human the Wahhabi interpretation of Islam, to wor- rived in New York as a student from the rights, in Saudi Arabia; ship in private in Saudi Arabia; (J) to permit non-Wahhabi places of wor- West Indian Island of Nevis; Whereas the Government of Saudi Arabia Whereas in 1781, Lieutenant Colonel Alex- funds mosques, university chairs, Islamic ship, such as churches, to function openly in special compounds or zones for foreigners or ander Hamilton of the Continental Army led study centers, and religious schools known a regiment of New York troops in the Battle as madrassas, all over the world, in at least in unadorned buildings designated for this purpose; and of Yorktown, the decisive and final major 30 countries; battle in the Revolutionary War; Whereas there have been several reports (K) to permit the broadcasting of Radio Sawa throughout Saudi Arabia; and Whereas Alexander Hamilton served as a that some members of extremist and mili- (2) urges the President— strong voice in the Continental Congress and tant groups that promote intolerance, and in (A) in both public and private fora, to raise as an influential force as a New York Dele- some cases violence, in the Middle East, concerns at the highest levels with the Gov- gate to the Constitutional Convention of Eastern Europe, Central and South Asia, and ernment of Saudi Arabia regarding the ongo- 1787; Africa have been trained as clerics in Saudi ing and repeated violations of internation- Whereas Alexander Hamilton joined James Arabia; ally recognized human rights, including the Madison and John Jay to write a majority of Whereas there have been a growing number right to freedom of religion or belief, in the Federalist Papers that urged the people of reports that funding originating in Saudi Saudi Arabia; of New York to ratify the Constitution; Arabia, including, in some cases, from indi- (B) to designate Saudi Arabia a country of Whereas from 1789 to 1795, Alexander Ham- viduals and organizations associated with particular concern under section 402(b)(1)(A) ilton served in President George Washing- the Government of Saudi Arabia and the of the International Religious Freedom Act ton’s Administration as the first Secretary royal family, has been used to finance reli- of 1998 (22 U.S.C. 6442(b)(1)(A)) for the sys- of the Treasury and established the first gious schools and other activities that alleg- tematic, ongoing, and egregious violations of Bank of the United States to manage trade edly support religious intolerance, and, in religious freedom occurring in Saudi Arabia; and finance; some cases, violence, associated with certain (C) to encourage the Government of Saudi Whereas Alexander Hamilton’s innovative Islamic militant and extremist organizations Arabia to expeditiously implement the pub- mind created public credit, a circulating me- in several parts of the world; licly stated plans for judicial, political, eco- dium, and the financial framework of the Whereas in response to an April 2004 re- nomic, and educational reform in Saudi Ara- United States; quest of the Committee on Governmental Af- bia; Whereas Alexander Hamilton proposed the fairs of the Senate and the Committee on (D) to encourage the Government of Saudi creation of the Revenue Marines, today Government Reform of the House of Rep- Arabia to cease any funding of efforts to known as the Coast Guard, a branch of the resentatives, the Comptroller General of the propagate outside of Saudi Arabia any reli- military that Congress created to secure the United States is undertaking a study to de- gious ideology that explicitly promotes hate, revenue of the United States against contra- termine what the Government of the United intolerance, and other human rights viola- band; States is doing to identify, monitor, and tions, including violence; Whereas Alexander Hamilton exercised his counter the influence of funding and support (E) to request that the Government of vision for the United States to establish a from Saudi Arabia for individuals, organiza- Saudi Arabia provide an accounting of what strong domestic manufacturing base; and tions, and institutions that advocate vio- kinds of support from Saudi Arabia go to re- Whereas Alexander Hamilton is known as lence, intolerance, or religious extremism ligious schools, mosques, centers of learning, the ‘‘Father of Paterson’’ for his cham- outside of Saudi Arabia; and and other religious organizations globally, pioning of the Society for Establishing Use- Whereas the Government of Saudi Arabia including in the United States, and the ful Manufactures (SUM), a group that found- has made public statements pledging polit- names of such institutions; ed Paterson, New Jersey in 1791, and estab- ical, economic, and educational reforms and (F) to develop and expand specific initia- lished it as one of the first industrial centers the improved treatment of foreign residents, tives and programs in Saudi Arabia to ad- of the United States: Now, therefore, be it but it does not appear that such pledges are vance human rights, including religious free- Resolved by the Senate (the House of Rep- being carried out is Saudi Arabia: Now, dom, the rights of women, and the rule of resentatives concurring), That Congress af- therefore, be it law, including, the Greater Middle East Ini- firms its support for preserving the image of Resolved by the Senate (the House of Rep- tiative, and the Department of State’s Mid- Alexander Hamilton on the face of $10 Fed- resentatives concurring), That Congress— dle East Partnership Initiative, Middle East eral reserve notes because of his standing as (1) calls on the Government of the King- Democracy Fund, and Human Rights and De- one of the United States most influential dom of Saudi Arabia— mocracy Fund, international broadcasting, founding fathers. (A) to stop providing funding for religious including overcoming obstacles to broad- Mr. LAUTENBERG. Mr. President, I activities that promote hatred, violence, and casting Radio Sawa throughout Saudi Ara- rise today to submit a Senate concur- human rights violations; bia, and other public diplomacy programs; rent resolution which affirms the sup- (B) to stop providing diplomatic status to and port of Congress for preserving the Islamic clerics and educators teaching out- (G) to provide an unclassified report to side of Saudi Arabia who are not legally en- Congress on the efforts of the Government of image of Alexander Hamilton on the titled to such status; the United States to raise concerns regard- $10 bill. Alexander Hamilton is a (C) to close any Islamic affairs section of ing human rights, including religious free- Founding Father of our Nation. He was an embassy of Saudi Arabia that has been re- dom, with the Government of Saudi Arabia, a Lieutenant Colonel in the Revolu- sponsible for propagating intolerance; and the results of such efforts and the results tionary War, a voice in the Continental

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00158 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8775 Congress, and a delegate to the Con- the very least, remain on the $10 bill. propriate action with respect to the crisis in stitutional Convention. He authored There have been many Presidents, and Darfur, Sudan, particularly the failure by more than 50 of the 85 ‘‘Federalist Pa- there will be many more. But there the Commission to support United States– pers.’’ He organized the Revenue Ma- will be no more Founding Fathers. sponsored efforts to strongly condemn gross human rights violations committed in rines, known today as the Coast Guard, Darfur, and calls upon the United Nations and played a crucial role in the cre- SENATE CONCURRENT RESOLU- and the United Nations Secretary General to ation of the U.S. Navy. And Alexander TION 133—DECLARING GENOCIDE assert leadership by calling the atrocities Hamilton is the creator of one of Amer- IN DARFUR, SUDAN being committed in Darfur by their rightful ica’s first industrial and manufac- name: ‘‘genocide’’; Mr. BROWNBACK (for himself, Mr. turing centers, in Paterson, NJ. (5) calls on the member states of the Alexander Hamilton was also Amer- CORZINE, Mr. KOHL, Ms. LANDRIEU, Mr. United Nations, particularly member states ica’s first Secretary of the Treasury JOHNSON, Mr. LEVIN, Mr. DURBIN, Mr. from the African Union, the Arab League, and the founder of the first United FEINGOLD, Mr. LAUTENBERG, Ms. MI- and the Organization of the Islamic Con- ference, to undertake measures to prevent States Bank. He is responsible for the KULSKI, Mrs. DOLE, Mrs. BOXER, Mr. LIEBERMAN, Mr. ENZI, Mr. LEAHY, Mr. the genocide in Darfur, Sudan, from esca- financial system that our country lating further, including the imposition of maintains today. He created the first BYRD, Mr. FITZGERALD, and Mr. SMITH) submitted the following concurrent targeted means against those responsible for bank, the first tax system, the first the atrocities; budget, and a strong currency. He had resolution; which was considered and (6) commends the Administration’s leader- a vision for establishing the economic agreed to: ship in seeking a peaceful resolution to the viability of our fledgling country based S. CON. RES. 133 conflict in Darfur, Sudan, and in addressing on banking, investment, manufac- Whereas Article 1 of the Convention on the the ensuing humanitarian crisis, including Prevention and Punishment of the Crime of the visit of Secretary of State Colin Powell turing, industry, and commerce. We to Darfur in June 2004 to engage directly in are an economic superpower and a Genocide (signed at on December 9, 1948) states that ‘‘the Contracting Parties efforts to end the genocide, and the provision model for the rest of the world in large confirm that genocide, whether committed of nearly $140,000,000 to date in bilateral hu- part because of Alexander Hamilton. in time of peace or in time of war, is a crime manitarian assistance through the United When we look to the Founding Fa- under international law which they under- States Agency for International Develop- thers who played significant roles in take to prevent and to punish’’; ment; the formation of America, we see that Whereas Article 2 of the Convention on the (7) commends the President for appointing among them, George Washington has a Prevention and Punishment of the Crime of former Senator John Danforth as Envoy for monument in our Nation’s Capital, and Genocide declares that ‘‘in the present Con- Peace in Sudan on September 6, 2001, and vention, genocide means any of the following further commends the appointment of Sen- his image is on the $1 bill and the quar- ator Danforth as United States Ambassador ter deservedly so. Thomas Jefferson acts committed with the intent to destroy, in whole or in part, a national, ethnical, ra- to the United Nations; also has an impressive memorial in cial or religious group, as such: (a) killing (8) calls on the Administration to continue Washington, the main building of the members of the group; (b) causing serious to lead an international effort to stop geno- Library of Congress is named after bodily or mental harm to members of the cide in Darfur, Sudan; him, and his image is on the $2 bill and group; (c) deliberately inflicting on the (9) calls on the Administration to impose the nickel—again, deservedly so. Alex- group conditions of life calculated to bring targeted means, including visa bans and the ander Hamilton’s image is on the $10 about its physical destruction in whole or in freezing of assets, against officials and other part; (d) imposing measures intended to pre- individuals of the Government of Sudan, as bill—and it should remain on the $10 well as Janjaweed militia commanders, who bill. There is perhaps no other Amer- vent births within the group; and (e) forcibly transferring children of the group to another are responsible for war crimes and crimes ican more responsible for the fact that group’’; against humanity in Darfur, Sudan; and we have a $10 bill. Whereas Article 3 of the Convention on the (10) calls on the United States Agency for Of course, Washington and Jefferson Prevention and Punishment of the Crime of International Development to establish a were our first and third Presidents. Genocide affirms that ‘‘[the] following acts Darfur Resettlement, Rehabilitation, and Many of our other Presidents have shall be punishable: (a) genocide; (b) con- Reconstruction Fund so that those individ- been or will be appropriately memori- spiracy to commit genocide; (c) direct and uals driven off their land may return and alized in some fashion. For instance, public incitement to commit genocide; (d) begin to rebuild their communities. our 40th President, Ronald Reagan, has attempt to committed genocide; and (e) had Washington National Airport and complicit in genocide’’; SENATE CONCURRENT RESOLU- Whereas in Darfur, Sudan, an estimated the second largest Federal building in TION 134—EXPRESSING THE 30,000 innocent civilians have been brutally SENSE OF THE CONGRESS THAT the country, only the Pentagon is big- murdered, more than 130,000 people have ger, named after him. The head- THE PARTHENON MARBLES been forced from their homes and have fled SHOULD BE RETURNED TO quarters of the Central Intelligence to neighboring Chad, and more than 1,000,000 Agency at Langley, VA, has been people have been internally displaced; and GREECE named after our 41st President, George Whereas in March 2004 the United Nations Mr. FITZGERALD (for himself, Mr. H. W. Bush. One of the four office Resident Humanitarian Coordinator stated: LIEBERMAN, and Mr. SARBANES) sub- buildings for the U.S. House of Rep- ‘‘[T]he war in Darfur started off in a small mitted the following concurrent resolu- way last year but it has progressively gotten tion; which was referred to the Com- resentatives has been named after our worse. A predominant feature of this is that 38th President, Gerald Ford. And the the brunt is being borne by civilians. This in- mittee on Foreign Relations: Old Executive Office Building—right cludes vulnerable women and children . . . S. CON RES. 134 next to the White House—has been The violence in Darfur appears to be particu- Whereas the Parthenon was built on the named after our 34th President, Dwight larly directed at a specific group based on hill of the Acropolis in Athens, Greece in the Eisenhower. their ethnic identity and appears to be mid-fifth century B.C. under the direction of We stand in a Senate Chamber systemized.’’: Now, therefore, be it the Athenian statesman Pericles and the de- steeped in history; in a country quite Resolved by the Senate (the House of Rep- sign of the sculptor Phidias. conscious and proud of its birth. We re- resentatives concurring), That Congress— Whereas the Parthenon is the ultimate ex- (1) declares that the atrocities unfolding in vere those individuals such as Wash- pression of the artistic genius of Greece, the Darfur, Sudan, are genocide; preeminent symbol of the Greek cultural ington, Jefferson, and Hamilton who (2) reminds the Contracting Parties to the heritage—its art, architecture, and democ- were present at the creation of our Convention on the Prevention and Punish- racy—and of the contributions that modern great Nation and helped to establish ment of the Crime of Genocide (signed at Greeks and their forefathers have made to the democracy we enjoy as a birth- Paris on December 9, 1948), particularly the civilization; right. It is our duty to uphold their Government of Sudan, of their legal obliga- Whereas the Parthenon has served as a legacy and preserve their image. Alex- tions under the Convention; place of worship for ancient Greeks, Ortho- ander Hamilton played an instru- (3) declares that the Government of Sudan, dox Christians, Roman Catholics, and Mus- as a Contracting Party, has violated the lims; mental role in our triumph in the Rev- Convention on the Prevention and Punish- Whereas the Parthenon has been adopted olutionary War, the birth of our de- ment of the Crime of Genocide; by imitation by the United States in many mocracy, and the establishment of our (4) deplores the failure of the United Na- preeminent public buildings, including the financial system. His image must, at tions Human Rights Commission to take ap- Lincoln Memorial;

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Whereas over 100 pieces of the Parthenon’s of the Congress that the Government of the SA 3572. Mr. FRIST (for Mr. KYL (for him- sculptures—now known as the Parthenon United Kingdom should enter into negotia- self, Mrs. FEINSTEIN, Mr. LUGAR, and Mr. Marbles—were removed from the Parthenon tions with the Government of Greece as soon BIDEN)) proposed an amendment to the con- under questionable circumstances between as possible to facilitate the return of the current resolution H. Con. Res. 398, express- 1801 and 1816 by Thomas Bruce, seventh Earl Parthenon Marbles to Greece. ing the concern of Congress over Iran’s de- of Elgin, while Greece was still under Otto- velopment of the means to produce nuclear man rule; SENATE CONCURRENT RESOLU- weapons. Whereas the removal of the Parthenon TION 135—AUTHORIZING THE SA 3573. Mr. FRIST (for Mr. KYL (for him- Marbles, including their perilous voyage to self and Mrs. FEINSTEIN)) proposed an amend- Great Britain and their careless storage PRINTING OF A COMMEMORA- ment to the concurrent resolution H. Con. there for many years greatly endangered the TIVE DOCUMENT IN MEMORY OF Res. 398, supra. Marbles; THE LATE PRESIDENT OF THE SA 3574. Mr. FRIST (for Mr. KYL (for him- Whereas the Parthenon Marbles were re- UNITED STATES, RONALD WIL- self and Mrs. FEINSTEIN)) proposed an amend- moved to grace the private home of Lord SON REAGAN ment to the concurrent resolution H. Con. Elgin, who transferred the Marbles to the Res. 398, supra. British Museum only after severe personal Mr. FRIST (for himself and Mr. SA 3575. Mr. MCCAIN submitted an amend- economic misfortunes; DASCHLE) submitted the following con- ment intended to be proposed by him to the Whereas the sculptures of the Parthenon current resolution; which was consid- bill S. 849, to provide for a land exchange in were designed as an integral part of the ered and agreed to: the State of Arizona between the Secretary structure of the Parthenon temple; the carv- S. CON. RES. 135 of Agriculture and Yavapai Ranch Limited ings of the friezes, pediments, and metopes Partnership; which was referred to the Com- are not merely statuary, movable decorative Resolved by the Senate (the House of Rep- mittee on Energy and Natural Resources. resentatives concurring), art, but are integral parts of the Parthenon, f which can best be appreciated if all the Par- SECTION 1. COMMEMORATIVE DOCUMENT AU- thenon Marbles are reunified. THORIZED. TEXT OF AMENDMENTS Whereas the Parthenon is a universal sym- A commemorative document in memory of the late President of the United States, Ron- SA 3567. Mr. ROBERTS submitted an bol of culture, democracy, and freedom, amendment intended to be proposed by making the Parthenon Marbles of concern ald Wilson Reagan, consisting of the eulogies not only to Greece but to all the world; and encomiums for Ronald Wilson Reagan, him to the bill S. 2386, to authorize ap- Whereas, since obtaining independence in as expressed in the Senate and the House of propriations for fiscal year 2005 for in- 1830, Greece has sought the return of the Representatives, together with the texts of telligence and intelligence-related ac- Parthenon Marbles; the state funeral ceremony at the United tivities of the United States Govern- Whereas the return of the Parthenon Mar- States Capitol Rotunda, the national funeral ment, the Intelligence Community bles would be a profound demonstration by service held at the Washington National Ca- Management Account, and the Central thedral, Washington, District of Columbia, the United Kingdom of its appreciation and Intelligence Agency Retirement and respect for the Parthenon and classical art; and the interment ceremony at the Ronald Whereas returning the Parthenon Marbles Reagan Presidential Library, Simi Valley, Disability System, and for other pur- to Greece would be a gesture of good will on California, shall be printed as a Senate docu- poses; which was ordered to lie on the the part of the British Parliament, and ment, with illustrations and suitable bind- table; as follows: would set no legal precedent, nor in any ing. On page 30, strike lines 10 through 16. other way affect the ownership or disposition SEC. 2. PRINTING OF DOCUMENT. of other objects in museums in the United In addition to the usual number of copies SA 3568. Mr. FRIST (for Mr. GREGG) States or around the world; printed, there shall be printed the lesser of— submitted an amendment intended to Whereas the United Kingdom should return (1) 32,500 copies of the commemorative doc- be proposed by him to the bill S. 720, to the Parthenon Marbles in recognition that ument, of which 22,150 copies shall be for the amend title IX of the Public Health the Parthenon is part of the cultural herit- use of the House of Representatives and age of the entire world and, as such, should Service Act to provide for the improve- 10,350 copies shall be for the use of the Sen- ment of patient safety and to reduce be made whole; ate; or Whereas Greece would provide care for the (2) such number of copies of the commemo- the incidence of events that adversely Parthenon Marbles equal or superior to the rative document that does not exceed a pro- effect patient safety; which was or- care provided by the British Museum, espe- duction and printing cost of $1,000,000, with dered to lie on the table; as follows: cially considering the irreparable harm distribution of the copies to be allocated in Strike all after the enacting clause and in- caused by attempts by the museum to re- the same proportion as described in para- sert the following: move the original color and patina of the graph (1). SECTION 1. SHORT TITLE. Marbles with abrasive cleaners; This Act may be cited as the ‘‘Patient Whereas Greece is constructing a new, per- f Safety and Quality Improvement Act of manent museum in full view of the Acropolis AMENDMENTS SUBMITTED AND 2004’’. to house all the Marbles, protected from the PROPOSED elements in a safe, climate-controlled envi- SEC. 2. FINDINGS AND PURPOSES. ronment; SA 3567. Mr. ROBERTS submitted an (a) FINDINGS.—Congress makes the fol- Whereas Greece has pledged to work with amendment intended to be proposed by him lowing findings: the British government to negotiate mutu- to the bill S. 2386, to authorize appropria- (1) In 1999, the Institute of Medicine re- ally agreeable conditions for the return of tions for fiscal year 2005 for intelligence and leased a report entitled To Err is Human the Parthenon Marbles; intelligence-related activities of the United that described medical errors as the eighth Where the people of Greece have a greater, States Government, the Intelligence Com- leading cause of death in the United States, ancient bond to the Parthenon Marbles, munity Management Account, and the Cen- with as many as 98,000 people dying as a re- which were in Greece for over 2,200 years of tral Intelligence Agency Retirement and Dis- sult of medical errors each year. the over 2,430-year history of the Parthenon; ability System, and for other purposes; (2) To address these deaths and injuries due Whereas the British people support the re- which was ordered to lie on the table. to medical errors, the health care system turn of the Parthenon Marbles, as reflected SA 3568. Mr. FRIST (for Mr. GREGG) pro- must identify and learn from such errors so in several recent polls; posed an amendment to the bill S. 720 to that systems of care can be improved. Whereas a resolution signed by a majority amend title IX of the Public Health Service (3) In their report, the Institute of Medi- of members of the European Parliament Act to provide for the improvement of pa- cine called on Congress to provide legal pro- urged the British government to return the tient safety and to reduce the incidence of tections with respect to information re- Parthenon Marbles to their natural setting events that adversely effect patient safety. ported for the purposes of quality improve- in Greece; SA 3569. Mr. FRIST (for Mr. KYL (for him- ment and patient safety. Whereas the British House of Commons Se- self, Mrs. FEINSTEIN, Mr. LUGAR, and Mr. (4) The Health, Education, Labor, and Pen- lect Committee on Culture, Media and Sport BIDEN)) proposed an amendment to the con- sions Committee of the Senate held 4 hear- is to be commended for examining the issue current resolution S. Con. Res. 81, expressing ings in the 106th Congress and 1 hearing in of the disposition of the Parthenon Marbles the concern of Congress over Iran’s develop- the 107th Congress on patient safety where in hearings held in 2000; and ment of the means to produce nuclear weap- experts in the field supported the rec- Whereas Athens, Greece—birthplace of the ons. ommendation of the Institute of Medicine Olympics—was selected as the host city of SA 3570. Mr. FRIST (for Mr. KYL) proposed for congressional action. the Olympics Games in 2004, and the Par- an amendment to the concurrent resolution (5) Myriad public and private patient safe- thenon Marbles should returned to their S. Con. Res. 81, supra. ty initiatives have begun. The Quality Inter- home in Athens in 2004; Now, therefore, be it SA 3571. Mr. FRIST (for Mr. KYL) proposed agency Coordination Taskforce has rec- Resolved, by the Senate (the House of Rep- an amendment to the concurrent resolution ommended steps to improve patient safety resentatives concurring), That it is the sense S. Con. Res. 81, supra. that may be taken by each Federal agency

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involved in health care and activities relat- ‘‘(2) PATIENT SAFETY DATA.— assistance to providers to effectively mini- ing to these steps are ongoing. ‘‘(A) IN GENERAL.—The term ‘patient safety mize patient risk. (6) The research on patient safety un- data’ means— ‘‘(E) The maintenance of procedures to pre- equivocally calls for a learning environment, ‘‘(i) any data, reports, records, memoranda, serve confidentiality with respect to patient rather than a punitive environment, in order analyses (such as root cause analyses), or safety data. to improve patient safety. written or oral statements that are— ‘‘(F) The provision of appropriate security (7) Voluntary data gathering systems are ‘‘(I) collected or developed by a provider measures with respect to patient safety data. more supportive than mandatory systems in for reporting to a patient safety organiza- ‘‘(G) The utilization of qualified staff. creating the learning environment referred tion, provided that they are reported to the ‘‘(5) PERSON.—The term ‘person’ includes to in paragraph (6) as stated in the Institute patient safety organization within 60 days; Federal, State, and local government agen- of Medicine’s report. ‘‘(II) requested by a patient safety organi- cies. (8) Promising patient safety reporting sys- zation (including the contents of such re- ‘‘(6) PROVIDER.—The term ‘provider’ tems have been established throughout the quest), if they are reported to the patient means— United States and the best ways to structure safety organization within 60 days; ‘‘(A) a person licensed or otherwise author- and use these systems are currently being ‘‘(III) reported to a provider by a patient ized under State law to provide health care determined, largely through projects funded safety organization; or services, including— by the Agency for Healthcare Research and ‘‘(IV) collected by a patient safety organi- ‘‘(i) a hospital, nursing facility, com- Quality. zation from another patient safety organiza- prehensive outpatient rehabilitation facility, (9) Many organizations currently col- tion, or developed by a patient safety organi- home health agency, hospice program, renal lecting patient safety data have expressed a zation; dialysis facility, ambulatory surgical center, need for legal protections that will allow that could result in improved patient safety, pharmacy, physician or health care practi- them to review protected information and health care quality, or health care outcomes; tioner’s office, long term care facility, be- collaborate in the development and imple- or havior health residential treatment facility, mentation of patient safety improvement ‘‘(ii) any deliberative work or process with clinical laboratory, or health center; or strategies. Currently, the State peer review respect to any patient safety data described ‘‘(ii) a physician, physician assistant, protections are inadequate to allow the shar- nurse practitioner, clinical nurse specialist, ing of information to promote patient safety. in clause (i). ‘‘(B) LIMITATION.— certified registered nurse anesthetist, cer- (b) PURPOSES.—It is the purpose of this Act tified nurse midwife, psychologist, certified to— ‘‘(i) COLLECTION.—If the original material social worker, registered dietitian or nutri- (1) encourage a culture of safety and qual- from which any data, reports, records, tion professional, physical or occupational ity in the United States health care system memoranda, analyses (such as root case therapist, pharmacist, or other individual by providing for legal protection of informa- analyses), or written or oral statements re- health care practitioner; or tion reported voluntarily for the purposes of ferred to in subclause (I) or (IV) of subpara- ‘‘(B) any other person specified in regula- quality improvement and patient safety; and graph (A)(i) are collected and is not patient tions promulgated by the Secretary. (2) ensure accountability by raising stand- safety data, the act of such collection shall ards and expectations for continuous quality not make such original material patient ‘‘SEC. 922. PRIVILEGE AND CONFIDENTIALITY PROTECTIONS. improvements in patient safety. safety data for purposes of this part. ‘‘(ii) SEPARATE DATA.—The term ‘patient ‘‘(a) PRIVILEGE.—Notwithstanding any SEC. 3. AMENDMENTS TO PUBLIC HEALTH SERV- other provision of Federal, State, or local ICE ACT. safety data’ shall not include information law, patient safety data shall be privileged Title IX of the Public Health Service Act (including a patient’s medical record, billing and, subject to the provisions of subsection (42 U.S.C. 299 et seq.) is amended— and discharge information or any other pa- (c)(1), shall not be— (1) in section 912(c), by inserting ‘‘, in ac- tient or provider record) that is collected or ‘‘(1) subject to a Federal, State, or local cordance with part C,’’ after ‘‘The Director developed separately from and that exists civil, criminal, or administrative subpoena; shall’’; separately from patient safety data. Such ‘‘(2) subject to discovery in connection (2) by redesignating part C as part D; separate information or a copy thereof sub- with a Federal, State, or local civil, crimi- (3) by redesignating sections 921 through mitted to a patient safety organization shall 928, as sections 931 through 938, respectively; not itself be considered as patient safety nal, or administrative proceeding; (4) in 934(d) (as so redesignated), by strik- data. Nothing in this part, except for section ‘‘(3) disclosed pursuant to section 552 of ing the second sentence and inserting the 922(f)(1), shall be construed to limit— title 5, United States Code (commonly following: ‘‘Penalties provided for under this ‘‘(I) the discovery of or admissibility of in- known as the Freedom of Information Act) section shall be imposed and collected by the formation described in this subparagraph in or any other similar Federal, State, or local Secretary using the administrative and pro- a criminal, civil, or administrative pro- law; cedural processes used to impose and collect ceeding; ‘‘(4) admitted as evidence or otherwise dis- civil money penalties under section 1128A of ‘‘(II) the reporting of information de- closed in any Federal, State, or local civil, the Social Security Act (other than sub- scribed in this subparagraph to a Federal, criminal, or administrative proceeding; or sections (a) and (b), the second sentence of State, or local governmental agency for pub- ‘‘(5) utilized in a disciplinary proceeding subsection (f), and subsections (i), (m), and lic health surveillance, investigation, or against a provider. ‘‘(b) CONFIDENTIALITY.—Notwithstanding (n)), unless the Secretary determines that a other public health purposes or health over- any other provision of Federal, State, or modification of procedures would be more sight purposes; or suitable or reasonable to carry out this sub- local law, and subject to the provisions of ‘‘(III) a provider’s recordkeeping obligation subsections (c) and (d), patient safety data section and provides for such modification with respect to information described in this shall be confidential and shall not be dis- by regulation.’’; subparagraph under Federal, State, or local closed. (5) in section 938(1) (as so redesignated), by law. ‘‘(c) EXCEPTIONS TO PRIVILEGE AND CON- striking ‘‘921’’ and inserting ‘‘931’’; and ‘‘(3) PATIENT SAFETY ORGANIZATION.—The FIDENTIALITY.—Nothing in this section shall (6) by inserting after part B the following: term ‘patient safety organization’ means a be construed to prohibit one or more of the ‘‘PART C—PATIENT SAFETY private or public entity or component there- following uses or disclosures: IMPROVEMENT of that is currently listed by the Secretary ‘‘(1) Disclosure by a provider or patient ‘‘SEC. 921. DEFINITIONS. pursuant to section 924(c). safety organization of relevant patient safe- ‘‘In this part: ‘‘(4) PATIENT SAFETY ORGANIZATION ACTIVI- ty data for use in a criminal proceeding only ‘‘(1) NON-IDENTIFIABLE INFORMATION.— TIES.—The term ‘patient safety organization after a court makes an in camera determina- ‘‘(A) IN GENERAL.—The term ‘non-identifi- activities’ means the following activities, tion that such patient safety data contains able information’ means, with respect to in- which are deemed to be necessary for the evidence of a wanton and criminal act to di- formation, that the information is presented proper management and administration of a rectly harm the patient. in a form and manner that prevents the iden- patient safety organization: ‘‘(2) Voluntary disclosure of non-identifi- tification of a provider, a patient, or a re- ‘‘(A) The conduct, as its primary activity, able patient safety data by a provider or a porter of patient safety data. of efforts to improve patient safety and the patient safety organization. ‘‘(B) IDENTIFIABILITY OF PATIENT.—For pur- quality of health care delivery. ‘‘(d) PROTECTED DISCLOSURE AND USE OF IN- poses of subparagraph (A), the term ‘pre- ‘‘(B) The collection and analysis of patient FORMATION.—Nothing in this section shall be sented in a form and manner that prevents safety data that are submitted by more than construed to prohibit one or more of the fol- the identification of a patient’ means, with one provider. lowing uses or disclosures: respect to information that has been subject ‘‘(C) The development and dissemination of ‘‘(1) Disclosure of patient safety data by a to rules promulgated pursuant to section information to providers with respect to im- person that is a provider, a patient safety or- 264(c) of the Health Insurance Portability proving patient safety, such as recommenda- ganization, or a contractor of a provider or and Accountability Act of 1996 (42 U.S.C. tions, protocols, or information regarding patient safety organization, to another such 1320d–2 note), that the information has been best practices. person, to carry out patient safety organiza- de-identified so that it is no longer individ- ‘‘(D) The utilization of patient safety data tion activities. ually identifiable health information as de- for the purposes of encouraging a culture of ‘‘(2) Disclosure of patient safety data by a fined in such rules. safety and of providing direct feedback and provider or patient safety organization to

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grantees or contractors carrying out patient ‘‘(2) PROVIDERS.—An accrediting body shall ‘‘(4) limit the authority of any provider, safety research, evaluation, or demonstra- not take an accrediting action against a pro- patient safety organization, or other person tion projects authorized by the Director. vider based on the good faith participation of to enter into a contract requiring greater ‘‘(3) Disclosure of patient safety data by a the provider in the collection, development, confidentiality or delegating authority to provider to an accrediting body that accred- reporting, or maintenance of patient safety make a disclosure or use in accordance with its that provider. data in accordance with this part. An accred- subsection (c) or (d); and ‘‘(4) Voluntary disclosure of patient safety iting body may not require a provider to re- ‘‘(5) prohibit a provider from reporting a data by a patient safety organization to the veal its communications with any patient crime to law enforcement authorities, re- Secretary for public health surveillance if safety organization established in accord- gardless of whether knowledge of the exist- the consent of each provider identified in, or ance with this part. ence of, or the description of, the crime is providing, such data is obtained prior to ‘‘(g) REPORTER PROTECTION.— based on patient safety data, so long as the such disclosure. Nothing in the preceding ‘‘(1) IN GENERAL.—A provider may not take provider does not disclose patient safety sentence shall be construed to prevent the an adverse employment action, as described data in making such report. release of patient safety data that is pro- in paragraph (2), against an individual based ‘‘SEC. 923. PATIENT SAFETY NETWORK OF DATA- vided by, or that relates solely to, a provider upon the fact that the individual in good BASES. from which the consent described in such faith reported information— ‘‘(a) IN GENERAL.—The Secretary shall sentence is obtained because one or more ‘‘(A) to the provider with the intention of maintain a patient safety network of data- other providers do not provide such consent having the information reported to a patient bases that provides an interactive evidence- with respect to the disclosure of patient safe- safety organization; or based management resource for providers, ty date that relates to such nonconsenting ‘‘(B) directly to a patient safety organiza- patient safety organizations, and other per- providers. Consent for the future release of tion. sons. The network of databases shall have patient safety data for such purposes may be ‘‘(2) ADVERSE EMPLOYMENT ACTION.—For the capacity to accept, aggregate, and ana- requested by the patient safety organization purposes of this subsection, an ‘adverse em- lyze nonidentifiable patient safety data vol- at the time the data is submitted. ployment action’ includes— untarily reported by patient safety organiza- ‘‘(5) Voluntary disclosure of patient safety ‘‘(A) loss of employment, the failure to tions, providers, or other persons. data by a patient safety organization to promote an individual, or the failure to pro- ‘‘(b) NETWORK OF DATABASE STANDARDS.— State or local government agencies for pub- vide any other employment-related benefit The Secretary may determine common for- lic health surveillance if the consent of each for which the individual would otherwise be mats for the reporting to the patient safety provider identified in, or providing, such eligible; or network of databases maintained under sub- data is obtained prior to such disclosure. ‘‘(B) an adverse evaluation or decision section (a) of nonidentifiable patient safety Nothing in the preceding sentence shall be made in relation to accreditation, certifi- data, including necessary data elements, construed to prevent the release of patient cation, credentialing, or licensing of the in- common and consistent definitions, and a safety data that is provided by, or that re- dividual. standardized computer interface for the lates solely to, a provider from which the processing of such data. To the extent prac- consent described in such sentence is ob- ‘‘(h) ENFORCEMENT.— ticable, such standards shall be consistent tained because one or more other providers ‘‘(1) PROHIBITION.—Except as provided in do not provide such consent with respect to subsections (c) and (d) and as otherwise pro- with the administrative simplification provi- the disclosure of patient safety date that re- vided for in this section, it shall be unlawful sions of Part C of title XI of the Social Secu- lates to such nonconsenting providers. Con- for any person to negligently or inten- rity Act. sent for the future release of patient safety tionally disclose any patient safety data, and ‘‘SEC. 924. PATIENT SAFETY ORGANIZATION CER- data for such purposes may be requested by any such person shall, upon adjudication, be TIFICATION AND LISTING. the patient safety organization at the time assessed in accordance with section 934(d). ‘‘(a) CERTIFICATION.— the data is submitted. ‘‘(2) RELATION TO HIPAA.—The penalty pro- ‘‘(1) INITIAL CERTIFICATION.—Except as pro- ‘‘(e) CONTINUED PROTECTION OF INFORMA- vided for under paragraph (1) shall not apply vided in paragraph (2), an entity that seeks TION AFTER DISCLOSURE.— if the defendant would otherwise be subject to be a patient safety organization shall sub- ‘‘(1) IN GENERAL.—Except as provided in to a penalty under the regulations promul- mit an initial certification to the Secretary paragraph (2), patient safety data that is gated under section 264(c) of the Health In- that the entity intends to perform the pa- used or disclosed shall continue to be privi- surance Portability and Accountability Act tient safety organization activities. leged and confidential as provided for in sub- of 1996 (42 U.S.C. 1320d-2 note) or under sec- ‘‘(2) DELAYED CERTIFICATION OF COLLECTION sections (a) and (b), and the provisions of tion 1176 of the Social Security Act (42 FROM MORE THAN ONE PROVIDER.—An entity such subsections shall apply to such data in U.S.C. 1320d-5) for the same disclosure. that seeks to be a patient safety organiza- the possession or control of— ‘‘(3) EQUITABLE RELIEF.— tion may— ‘‘(A) a provider or patient safety organiza- ‘‘(A) IN GENERAL.—Without limiting rem- ‘‘(A) submit an initial certification that it tion that possessed such data before the use edies available to other parties, a civil ac- intends to perform patient safety organiza- or disclosure; or tion may be brought by any aggrieved indi- tion activities other than the activities de- ‘‘(B) a person to whom such data was dis- vidual to enjoin any act or practice that vio- scribed in subparagraph (B) of section 921(4); closed. lates subsection (g) and to obtain other ap- and ‘‘(2) EXCEPTION.—Notwithstanding para- propriate equitable relief (including rein- ‘‘(B) within 2 years of submitting the ini- graph (1), and subject to paragraph (3)— statement, back pay, and restoration of ben- tial certification under subparagraph (A), ‘‘(A) if patient safety data is used or dis- efits) to redress such violation. submit a supplemental certification that it closed as provided for in subsection (c)(1), ‘‘(B) AGAINST STATE EMPLOYEES.—An entity performs the patient safety organization ac- and such use or disclosure is in open court, that is a State or an agency of a State gov- tivities described in subparagraphs (A) the confidentiality protections provided for ernment may not assert the privilege de- through (F) of section 921(4). in subsection (b) shall no longer apply to scribed in subsection (a) unless before the ‘‘(3) EXPIRATION AND RENEWAL.— such data; and time of the assertion, the entity or, in the ‘‘(A) EXPIRATION.—An initial certification ‘‘(B) if patient safety data is used or dis- case of and with respect to an agency, the under paragraph (1) or (2)(A) shall expire on closed as provided for in subsection (c)(2), State has consented to be subject to an ac- the date that is 3 years after it is submitted. the privilege and confidentiality protections tion as described by this paragraph, and that ‘‘(B) RENEWAL.— provided for in subsections (a) and (b) shall consent has remained in effect. ‘‘(i) IN GENERAL.—An entity that seeks to no longer apply to such data. ‘‘(i) RULE OF CONSTRUCTION.—Nothing in remain a patient safety organization after ‘‘(3) CONSTRUCTION.—Paragraph (2) shall this section shall be construed to— the expiration of an initial certification not be construed as terminating or limiting ‘‘(1) limit other privileges that are avail- under paragraph (1) or (2)(A) shall, within the privilege or confidentiality protections able under Federal, State, or local laws that the 3-year period described in subparagraph provided for in subsection (a) or (b) with re- provide greater confidentiality protections (A), submit a renewal certification to the spect to data other than the specific data or privileges than the privilege and confiden- Secretary that the entity performs the pa- used or disclosed as provided for in sub- tiality protections provided for in this sec- tient safety organization activities described section (c). tion; in section 921(4). ‘‘(f) LIMITATION ON ACTIONS.— ‘‘(2) limit, alter, or affect the requirements ‘‘(ii) TERM OF RENEWAL.—A renewal certifi- ‘‘(1) PATIENT SAFETY ORGANIZATIONS.—Ex- of Federal, State, or local law pertaining to cation under clause (i) shall expire on the cept to enforce disclosures pursuant to sub- information that is not privileged or con- date that is 3 years after the date on which section (c)(1), no action may be brought or fidential under this section; it is submitted, and may be renewed in the process served against a patient safety orga- ‘‘(3) alter or affect the implementation of same manner as an initial certification. nization to compel disclosure of information any provision of section 264(c) of the Health ‘‘(b) ACCEPTANCE OF CERTIFICATION.—Upon collected or developed under this part wheth- Insurance Portability and Accountability the submission by an organization of an ini- er or not such information is patient safety Act of 1996 (Public Law 104–191; 110 Stat. tial certification pursuant to subsection data unless such information is specifically 2033), section 1176 of the Social Security Act (a)(1) or (a)(2)(A), a supplemental certifi- identified, is not patient safety data, and (42 U.S.C. 1320d-5), or any regulation promul- cation pursuant to subsection (a)(2)(B), or a cannot otherwise be obtained. gated under such sections; renewal certification pursuant to subsection

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00162 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8779 (a)(3)(B), the Secretary shall review such cer- data submitted while the organization was SA 3569. Mr. FRIST (for Mr. KYL (for tification and— still listed. himself, Mrs. FEINSTEIN, Mr. LUGAR, ‘‘(1) if such certification meets the require- ‘‘(2) PROTECTION TO CONTINUE TO APPLY.—If and Mr. BIDEN)) proposed an amend- ments of subsection (a)(1), (a)(2)(A), (a)(2)(B), the privilege and confidentiality protections ment to the concurrent resolution S. or (a)(3)(B), as applicable, the Secretary described in section 922 applied to data while shall notify the organization that such cer- an organization was listed, or during the 30- Con. Res. 81, expressing the concern of tification is accepted; or day period described in paragraph (1), such Congress over Iran’s development of ‘‘(2) if such certification does not meet protections shall continue to apply to such the means to produce nuclear weapons; such requirements, as applicable, the Sec- data after the organization is removed from as follows: retary shall notify the organization that the listing under subsection (c)(2). Strike all after the resolving clause and in- such certification is not accepted and the ‘‘(g) DISPOSITION OF DATA.—If the Sec- sert the following: reasons therefor. retary removes an organization from the That Congress— ‘‘(c) LISTING.— listing as provided for in subsection (c)(2), (1) condemns— ‘‘(1) IN GENERAL.—Except as otherwise pro- with respect to the patient safety data that (A) the failure of the Government of Iran vided in this subsection, the Secretary shall the organization received from providers, the for nearly two decades to report material, fa- compile and maintain a current listing of pa- organization shall— cilities, and activities to the International tient safety organizations with respect to ‘‘(1) with the approval of the provider and Atomic Energy Agency (IAEA) in contraven- which the Secretary has accepted a certifi- another patient safety organization, transfer tion of its obligations under its Safeguards cation pursuant to subsection (b). such data to such other organization; Agreement; and ‘‘(2) REMOVAL FROM LISTING.—The Sec- ‘‘(2) return such data to the person that (B) Iran’s continuing deceptions and false- retary shall remove from the listing under submitted the data; or hoods to the IAEA and the international paragraph (1)— ‘‘(3) if returning such data to such person community about its nuclear programs and ‘‘(A) an entity with respect to which the is not practicable, destroy such data. activities; Secretary has accepted an initial certifi- ‘‘SEC. 925. TECHNICAL ASSISTANCE. (2) concurs with the conclusion reached in cation pursuant to subsection (a)(2)(A) and ‘‘The Secretary, acting through the Direc- the Department of State’s Annual Report on which does not submit a supplemental cer- tor, may provide technical assistance to pa- Adherence to and Compliance with Arms tification pursuant to subsection (a)(2)(B) tient safety organizations, including con- Control and Non-Proliferation Agreements that is accepted by the Secretary; vening annual meetings for patient safety and Commitments that Iran is pursuing a ‘‘(B) an entity whose certification expires organizations to discuss methodology, com- program to develop nuclear weapons; and which does not submit a renewal appli- munication, data collection, or privacy con- (3) urges the President to provide to the cation that is accepted by the Secretary; and cerns. IAEA whatever financial, material, or intel- ‘‘(C) an entity with respect to which the ‘‘SEC. 926. PROMOTING THE INTEROPERABILITY ligence resources are necessary to enable the Secretary revokes the Secretary’s accept- OF HEALTH CARE INFORMATION IAEA it to fully investigate Iran’s nuclear ance of the entity’s certification, pursuant TECHNOLOGY SYSTEMS. activities; to subsection (d). ‘‘(a) DEVELOPMENT.—Not later than 36 (4) calls upon all states party to the Treaty ‘‘(d) REVOCATION OF ACCEPTANCE.— months after the date of enactment of the on the Non-Proliferation of Nuclear Weap- ‘‘(1) IN GENERAL.—Except as provided in Patient Safety and Quality Improvement ons, done at Washington, London, and Mos- paragraph (2), if the Secretary determines Act of 2004, the Secretary shall develop or cow July 1, 1968, and entered into force (through a review of patient safety organiza- adopt voluntary standards that promote the March 5, 1970 (hereafter in this resolution re- tion activities) that a patient safety organi- electronic exchange of health care informa- ferred to as the ‘‘Nuclear Non-Proliferation zation does not perform one of the patient tion. Treaty’’), including the United States, to use safety organization activities described in ‘‘(b) UPDATES.—The Secretary shall pro- appropriate means to prevent Iran from ac- subparagraph (A) through (F) of section vide for the ongoing review and periodic up- quiring nuclear weapons, including the sus- 921(4), the Secretary may, after notice and dating of the standards developed under sub- pension of all nuclear and other cooperation an opportunity for a hearing, revoke the Sec- section (a). with Iran, including the provision of dual use retary’s acceptance of the certification of ‘‘(c) DISSEMINATION.—The Secretary shall items, until Iran fully implements the Addi- such organization. provide for the dissemination of the stand- tional Protocol to its Safeguards Agreement ‘‘(2) DELAYED CERTIFICATION OF COLLECTION ards developed and updated under this sec- with the IAEA (hereafter in this resolution FROM MORE THAN ONE PROVIDER.—A revoca- tion. referred to as the ‘‘Additional Protocol’’) and tion under paragraph (1) may not be based on ‘‘SEC. 927. AUTHORIZATION OF APPROPRIATIONS. is clearly in compliance with its obligations a determination that the organization does ‘‘There is authorized to be appropriated under the Nuclear Non-Proliferation Treaty; not perform the activity described in section such sums as may be necessary to carry out (5) declares that Iran, through its many 921(4)(B) if— this part.’’. breaches during the past 18 years of its Safe- ‘‘(A) the listing of the organization is SEC. 4. STUDIES AND REPORTS. guards Agreement with the IAEA, has for- based on its submittal of an initial certifi- (a) IN GENERAL.—The Secretary of Health feited the right to be trusted with the devel- cation under subsection (a)(2)(A); and Human Services shall enter into a con- opment of a full nuclear fuel cycle, espe- ‘‘(B) the organization has not submitted a tract (based upon a competitive contracting cially with uranium conversion and enrich- supplemental certification under subsection process) with an appropriate research organi- ment and plutonium reprocessing tech- (a)(2)(B); and zation for the conduct of a study to assess nology, equipment, and facilities; ‘‘(C) the 2-year period described in sub- the impact of medical technologies and (6) declares that the revelations of Iran’s section (a)(2)(B) has not expired. therapies on patient safety, patient benefit, nondisclosure of additional enrichment and ‘‘(e) NOTIFICATION OF REVOCATION OR RE- health care quality, and the costs of care as nuclear-weapons-applicable research activi- MOVAL FROM LISTING.— well as productivity growth. Such study ties, as detailed in the reports of February ‘‘(1) SUPPLYING CONFIRMATION OF NOTIFICA- shall examine— 24, 2004, and June 1, 2004, by the Director TION TO PROVIDERS.—Within 15 days of a rev- (1) the extent to which factors, such as the General of the IAEA, together with the ocation under subsection (d)(1), a patient use of labor and technological advances, statement by the Government of Iran that it safety organization shall submit to the Sec- have contributed to increases in the share of will not disclose other research programs, retary a confirmation that the organization the gross domestic product that is devoted to constitute ample evidence of Iran’s con- has taken all reasonable actions to notify health care and the impact of medical tech- tinuing policy of noncompliance with the each provider whose patient safety data is nologies and therapies on such increases; letter and spirit of its obligations under its collected or analyzed by the organization of (2) the extent to which early and appro- Safeguards Agreement and the Additional such revocation. priate introduction and integration of inno- Protocol; ‘‘(2) PUBLICATION.—Upon the revocation of vative medical technologies and therapies (7) recognizes, in contrast with Iran’s be- an acceptance of an organization’s certifi- may affect the overall productivity and qual- havior, the positive example of Libya’s deci- cation under subsection (d)(1), or upon the ity of the health care delivery systems of the sion to renounce and dismantle its nuclear removal of an organization from the listing United States; and weapons program and to provide full, com- under subsection (c)(2), the Secretary shall (3) the relationship of such medical tech- plete, and transparent disclosure of all its publish notice of the revocation or removal nologies and therapies to patient safety, pa- nuclear activities, which has enabled the in the Federal Register. tient benefit, health care quality, and cost of IAEA to rapidly understand and verify with ‘‘(f) STATUS OF DATA AFTER REMOVAL FROM care. high confidence the extent and scope of LISTING.— (b) REPORT.—Not later than 18 months Libya’s program and has led to the establish- ‘‘(1) NEW DATA.—With respect to the privi- after the date of enactment of this Act, the ment of direct diplomatic relations with lege and confidentiality protections de- Secretary of Health and Human Services Libya, the gradual lifting of U.S. sanctions, scribed in section 922, data submitted to an shall prepare and submit to the appropriate and the establishment of cooperative pro- organization within 30 days after the organi- committees of Congress a report containing grams between the United States and Libya; zation is removed from the listing under sub- the results of the study conducted under sub- (8) foresees a similar future for Iran, once section (c)(2) shall have the same status as section (a). that country renounces and dismantles its

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00163 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8780 CONGRESSIONAL RECORD — SENATE July 22, 2004 weapons of mass destruction and long-range (A) urges Japan to ensure that Japanese Article 40, and Article 41 of the Charter of ballistic missile programs and renounces its commercial entities not proceed with the de- the United Nations; support for international terrorist organiza- velopment of Iran’s Azadegan oil field; (23) urges the United Nations Security tions; (B) urges France and Malaysia to ensure Council, the Nuclear Suppliers Group, the (9) notes the assistance that the United that French and Malaysian commercial enti- Zangger Committee, and other relevant States has provided to southeastern Iran ties not proceed with their agreement for international entities to declare that non- since the Bam earthquake on December 26, further cooperation in expanding Iran’s liq- nuclear-weapon states under the Nuclear 2003; uid natural gas production field; Non-Proliferation Treaty that commit sig- (10) calls upon Iran to immediately and (C) calls on all countries to intercede with nificant violations of their safeguards agree- permanently cease all efforts to acquire sen- their commercial entities to ensure that ments regarding uranium enrichment or plu- sitive nuclear fuel cycle capabilities, in par- these entities refrain from or suspend all in- tonium reprocessing or engage in activities ticular all uranium enrichment activities, vestment and investment-related activities intended to support a military nuclear pro- including importing, manufacturing, and that support Iran’s energy industry; and gram thereby forfeit their right under the testing of related equipment; (D) calls on Member States of the United Nuclear Non-Proliferation Treaty to engage (11) urges Iran to comply with its inter- Nations to prevent the Government of Iran in nuclear fuel-cycle activities; national commitments and to rescind its de- from continuing to pursue and develop pro- (24) further urges the United Nations Secu- cisions— grams or facilities that could be used in a rity Council, the Nuclear Suppliers Group, (A) to manufacture and construct cen- nuclear weapons program and to end all nu- the Zangger Committee, the International trifuges; clear cooperation with Iran, including the Atomic Energy Agency, other relevant inter- (B) to produce feed material that could be provision of dual use items, until Iran com- national entities, and all states party to the used in those centrifuges; and plies fully with its Safeguards Agreement Nuclear Non-Proliferation Treaty, including (C) to construct a heavy-water moderated with the IAEA and its obligations under the the United States, to seek consensus, no reactor that could be used for plutonium pro- Nuclear Non-Proliferation Treaty; later than the 2005 Nuclear Non-Proliferation duction; (18) deplores any effort by any country to Treaty Review Conference in Geneva, Swit- (12) calls upon Iran to honor its stated zerland, on the best and most equitable commitments and legal obligations— provide nuclear power-related assistance to Iran at this time, and calls upon Russia— means to limit the right of non-nuclear (A) to grant IAEA inspectors prompt, full weapons states to engage in those nuclear and unrestricted access; (A) to use all appropriate means to urge Iran to meet fully its obligations and com- fuel cycle activities that could contribute to (B) to cooperate fully with the investiga- the development of nuclear weapons, while tion of its nuclear activities; and mitments to the IAEA; and (B) to suspend nuclear cooperation with providing those states assured and affordable (C) to demonstrate a new openness and access to— honesty about all its nuclear programs; Iran and not conclude a nuclear fuel supply agreement for the Bushehr reactor that (A) nuclear reactor fuel and other mate- (13) welcomes the June 26, 2004, declaration rials used in peaceful nuclear activities; and at the United States–E.U. Summit in Shan- would enter into force before Iran has verifiably and permanently ceased all nu- (B) spent fuel management; and non, Ireland, in which the European Union (25) urges the President to keep Congress and the United States pledged to implement clear weapons development activity, includ- fully and currently informed concerning the United Nations Security Council Resolution ing a permanent cessation of uranium con- matters addressed in this resolution. 1540, which identifies actions states should version and enrichment and plutonium re- take— processing activities; (A) to stop the proliferation of weapons of (19) calls upon the governments of the SA 3570. Mr. FRIST (for Mr. KYL) mass destruction; countries whose nationals and corporations proposed an amendment to the concur- (B) to establish new measures in accord- are implicated in assisting Iranian nuclear rent resolution S. Con. Res. 81, express- ance with the G8 Action Plan on Non-Pro- activities, including Pakistan, Malaysia, the ing the concern of Congress over Iran’s United Arab Emirates, and Germany— liferation, announced June 9, 2004, at the G8 development of the means to produce Summit in Sea Island, Georgia; and (A) to fully investigate such assistance; (C) to preserve the integrity of the Nuclear (B) to grant the IAEA all necessary access nuclear weapons; as follows: Non-Proliferation Treaty; to individuals, sites, and information related Whereas it is the policy of the United (14) urges close cooperation between the to the investigations; States to oppose, and urgently to seek the United States and the European Union in ac- (C) to take all appropriate action against agreement of other nations also to oppose, cordance with the reaffirmation in their such nationals and corporations under the any transfer to Iran of any goods or tech- June 26, 2004, declaration of ‘‘the IAEA Board laws of those countries; and nology, including dual-use goods or tech- of Governors’ Iran resolutions, which deplore (D) to immediately review and rectify nology, wherever that transfer could con- Iran’s insufficient cooperation and call on their export control laws, regulations, and tribute to its acquiring chemical, biological, Iran, inter alia, to cooperate fully and in a practices in order to prevent further assist- or nuclear weapons; timely and proactive manner, with IAEA in- ance to countries pursuing nuclear programs Whereas the United Nations Security vestigation of its nuclear programme and that could support the development of nu- Council decided, in United Nations Security suspend all enrichment-related and reproc- clear weapons; Council Resolution 1540, that ‘‘all States essing activities’’; (20) urges the IAEA Board of Governors, in shall refrain from providing any form of sup- (15) calls upon the members of the Euro- accordance with Article XII of the IAEA port to non-State actors that attempt to de- pean Union not to resume discussions with Statute— velop, acquire, manufacture, possess, trans- Iran on multilateral trade agreements until (A) to report to the United Nations Secu- port, transfer or use nuclear, chemical, or bi- the IAEA Director General reports that Iran rity Council that Iran has been in non- ological weapons and their means of deliv- has suspended all nuclear weapons develop- compliance with its agreements with the ery’’; ment activity, and not to implement such IAEA; and Whereas the United States has imposed trade agreements until Iran has verifiably (B) as appropriate, to specify areas in sanctions numerous times on persons and en- and permanently ceased all nuclear weapons which Iran continues to be in noncompliance tities transferring equipment and technical development activity, including a permanent with its agreements with the IAEA or with data to Iran to assist its weapons of mass de- cessation of uranium conversion and enrich- the Nuclear Non-Proliferation Treaty, or in struction programs; ment and plutonium reprocessing activities; which its compliance is uncertain; Whereas on January 1, 1968, Iran signed the (16) further calls upon the members of the (21) urges the United Nations Security Treaty on the Non-Proliferation of Nuclear European Union to undertake such addi- Council, bearing in mind its decision in Res- Weapons, done at Washington, London, and tional measures, including imposing sanc- olution 1540 that the ‘‘proliferation of nu- Moscow July 1, 1968, and entered into force tions and sponsoring an IAEA Board of Gov- clear, chemical and biological weapons, as March 5, 1970 (the ‘‘Nuclear Non-Prolifera- ernors report on non-compliance pursuant to well as their means of delivery, constitutes a tion Treaty’’); Article XII of the IAEA Statute, as may be threat to international peace and security,’’ Whereas Iran, as a party to the Nuclear necessary to persuade Iran to cease all nu- to consider measures necessary— Non-Proliferation Treaty as a non-nuclear clear weapons development activity and to (A) to support the inspection efforts by the weapons state, is obligated never to develop fulfill its obligations and commitments to IAEA; and or acquire nuclear weapons; the IAEA; (B) to prevent Iran from further engaging Whereas Iran did not declare to the Inter- (17) in light of ongoing revelations of the in clandestine nuclear activities; national Atomic Energy Agency (IAEA) the noncompliance of the Government of Iran re- (22) further urges the United Nations Secu- existence of the Natanz Pilot Fuel Enrich- garding its obligations under the Nuclear rity Council, immediately upon receiving ment Plant and the production-scale Fuel Non-Proliferation Treaty and pledges to the any report from the IAEA regarding the con- Enrichment Facility under construction at IAEA, and in light of the consequent and on- tinuing non-compliance of Iran with its obli- Natanz until February 2003, after the exist- going questions and concerns of the IAEA, gations, to address the threat to inter- ence of the plant and facility was revealed by the United States, and the international national peace and security posed by Iran’s an opposition group; community regarding Iran’s nuclear activi- nuclear weapons program and take such ac- Whereas it is estimated that the Natanz ties— tion as may be necessary under Article 39, Pilot Fuel Enrichment Plant could produce

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00164 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8781 enough highly enriched uranium for a nu- Whereas in that same letter, Iran admitted trifuges,’’ that ‘‘it is unlikely’’ that the 36 clear weapon every year-and-a-half to two that it had a laser uranium enrichment pro- percent U–235 contamination was due to years; gram, in which it used 30 kilograms of ura- components acquired from Iran’s principal Whereas it is estimated that the Natanz nium not previously declared to the IAEA, supplier country, and that ‘‘important infor- Fuel Enrichment Facility could, when com- another violation of its Safeguards Agree- mation about the P–2 centrifuge programme pleted, produce enough highly enriched ura- ment; has frequently required repeated requests, nium for as many as 25 to 30 nuclear weapons Whereas Iran indicated initially that its and in some cases continues to involve per year; laser enrichment program had achieved ura- changing or contradictory information’’; Whereas, in his report of June 6, 2003, the nium enrichment levels of slightly more Whereas these deceptions by Iran are con- Director General of the IAEA stated that than 3 percent, but the Director General’s re- tinuing violations of Iran’s Safeguards Iran had failed to meet its obligations under port of June 1, 2004, states that the IAEA Agreement and of Iran’s previous assurances its Safeguards Agreement with the IAEA to later learned that Iran ‘‘had been able to to the IAEA and the international commu- report all nuclear material imported into achieve average enrichment levels of 8 per- nity of full transparency; Iran—specifically, the importation of ura- cent to 9 percent, with some samples of up to Whereas despite Iran’s commitment to the nium hexafluoride, uranium tetrafluoride approximately 15 percent’’; IAEA and to France, Germany, and the and uranium dioxide in 1991—the processing Whereas the June 1, 2004, report states also United Kingdom that it would suspend ura- and use of that material, and the facilities that Iran’s declaration of October 21, 2003, nium enrichment activities, it has repeat- involved in the use and processing of the ma- failed to include information that should edly emphasized that this suspension is tem- terial; have been provided, including the fact that porary and continued to manufacture and, Whereas the IAEA Director General stated ‘‘some samples from’’ the laser uranium en- until April 2004, to import, uranium enrich- in the same report that Iran had produced richment project ‘‘had been sent for assess- ment centrifuge parts and equipment, allow- uranium metal and was building a uranium ment to the supplier’s laboratory’’; ing it to resume and expand its uranium en- metal processing facility, despite the fact Whereas, in its letter of October 23, 2003, richment activities whenever it chooses; that neither its light water reactors nor its Iran also admitted that it had irradiated 7 Whereas the statements on February 25, planned heavy water reactors require ura- kilograms of uranium dioxide targets and re- 2004, of Hassan Rowhani, Secretary of the nium metal for fuel; processed them to extract plutonium, an- Supreme National Security Council of Iran, Whereas the IAEA Board of Governors other violation of its legal obligation to dis- that Iran was not required to reveal to the urged Iran in June 2003 to promptly rectify close such activities under its Safeguards IAEA its research into more sophisticated its failures to meet its obligations under its Agreement; ‘‘P2’’ uranium enrichment centrifuges, and Safeguards Agreement, not to introduce nu- Whereas Iran told the IAEA on November that Iran has other projects which it has no clear material into the Natanz Pilot Fuel 10, 2003, that it would sign and ratify the Ad- intention of declaring to the IAEA, are con- Enrichment Plant, and to cooperate fully ditional Protocol and would act in accord- trary to— with the Agency in resolving questions about ance with the Additional Protocol pending (1) Iran’s commitment to the IAEA in an its nuclear activities; its entry-into-force; October 16, 2003, letter from the Vice Presi- Whereas the IAEA Director General re- Whereas, on November 10, 2003, Iran further dent of Iran and the President of Iran’s ported to the Board of Governors of the informed the IAEA Director General that it Atomic Energy Organization that Iran would IAEA in August 2003 that Iran had failed to had decided to suspend all enrichment and present a ‘‘full picture of its nuclear activi- disclose additional nuclear activities as re- reprocessing activities in Iran, not to ties’’ and ‘‘full transparency’’; quired by its Safeguards Agreement and con- produce feed material for enrichment proc- (2) Iran’s commitment to the foreign min- tinued to fail to resolve questions about its esses, and not to import enrichment related isters of the United Kingdom, France, and undeclared uranium enrichment activities, items; Germany of October 21, 2003, to full trans- including those raised by the detection of Whereas the IAEA, through its investiga- parency and to resolve all outstanding two types of highly enriched uranium par- tive and forensic activities in Iran and else- issues; and ticles at the Natanz Pilot Fuel Enrichment where, has uncovered and confronted Iran (3) its statement to the IAEA’s Board of Plant; about numerous lies concerning its nuclear Governors of September 12, 2003, of its com- Whereas on August 19, 2003, after earlier activities; mitment to full transparency and to ‘‘leave denials, Iran admitted in a letter that it had Whereas the Director General of the IAEA no stone unturned’’ to assure the IAEA of its carried out uranium conversion experiments reported to the IAEA Board of Governors on peaceful objectives; in the early 1990’s, experiments that included November 10, 2003, that Iran has concealed Whereas Libya received enrichment equip- bench scale preparation of uranium com- many aspects of its nuclear activities from ment and technology, and a nuclear weapons pounds and that should have been disclosed the IAEA, in breach of its obligations under design, from the same nuclear black market to the IAEA in accordance with its obliga- its Safeguards Agreement; that Iran has used, raising the question of tions under its Safeguards Agreement; Whereas, despite Iran’s subsequent pledge whether Iran, as well, received a nuclear Whereas the IAEA Board of Governors on to, once again, fully disclose all of its nu- weapon design that it has refused to reveal September 12, 2003, called on Iran to suspend clear activities to the IAEA, the Director to international inspectors; all further uranium enrichment and any plu- General of the IAEA, in a February 24, 2004, Whereas the Russian Federation has an- tonium reprocessing activities, disclose all report, found that Iran continued to engage nounced that it will soon conclude an agree- its nuclear activities, and cooperate fully in deception regarding its nuclear activities, ment to supply Iran with enriched nuclear with the IAEA, and to sign, ratify, and fully including failing to disclose a more sophisti- fuel for the Bushehr nuclear power reactor, implement the Additional Protocol between cated enrichment program using more ad- which, if implemented, would undercut the Iran and the IAEA for the application of vanced enrichment centrifuge technology international effort to persuade Iran to cease safeguards (the ‘‘Additional Protocol’’) to imported from foreign sources, and providing its nuclear weapons development program; strengthen investigation of all nuclear ac- incomplete and unsupported explanations Whereas the IAEA Board of Governors’ res- tivities within Iran, and requested all third about experiments to create a highly toxic olution of March 13, 2004, which was adopted countries to cooperate closely and fully with isotope of polonium that outside experts say unanimously, noted with ‘‘serious concern the IAEA in resolving questions about Iran’s is useful as a neutron initiator in nuclear that the declarations made by Iran in Octo- nuclear program; weapons; ber 2003 did not amount to the complete and Whereas IAEA inspectors and officials con- Whereas the Director General’s reports of final picture of Iran’s past and present nu- tinued to confront Iran with discrepancies in February 24, 2001, and June 1, 2004, stated clear programme considered essential by the its explanations of its nuclear activities; that environmental samples from one room Board’s November 2003 resolution,’’ and also Whereas on October 21, 2003, Iran and the at the Kalaye Electric Company workshop noted that the IAEA has discovered that Iran Foreign Ministers of France, Germany, and and from equipment that had been present in had hidden more advanced centrifuge associ- the United Kingdom issued a joint statement that workshop showed more than trace quan- ated research, manufacturing, and testing in which Iran indicated that it had decided tities of uranium enriched to 36 percent U– activities, two mass spectrometers used in to suspend all uranium enrichment and re- 235, despite finding only negligible traces of the laser enrichment program, and designs processing activities as defined by the IAEA; this on imported centrifuge components, and for hot cells to handle highly radioactive Whereas the Governments of France, Ger- that the types of uranium contamination at materials; many, and the United Kingdom promised a that workshop differed from those found at Whereas the same resolution also noted dialogue with Iran to ease Iran’s access to Natanz, which would appear to contradict ‘‘with equal concern that Iran has not re- modern technologies and supplies in a range Iran’s assertion that the source of contami- solved all questions regarding the develop- of areas once certain international concerns nation at both sites is imported centrifuge ment of its enrichment technology to its regarding Iran are fully resolved; components and perhaps also its assertion current extent, and that a number of other Whereas, in a subsequent letter on October that it has not enriched uranium to more questions remain unresolved, including the 23, 2003, Iran further admitted that it had than 1.2 percent U–235 using centrifuge tech- sources of all HEU contamination in Iran; tested uranium enrichment centrifuges at nology; the location, extent and nature of work un- the Kalaye Electric Company between 1998 Whereas the Director General stated in the dertaken on the basis of the advanced cen- and 2002 using its previously undeclared im- June 1, 2004, report, that ‘‘the contamination trifuge design; the nature, extent, and pur- ported uranium hexafluoride; is different on domestic and imported cen- pose of activities involving the planned

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00165 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8782 CONGRESSIONAL RECORD — SENATE July 22, 2004 heavy-water reactor; and evidence to support SA 3571. Mr. FRIST (for Mr. KYL) plete, and transparent disclosure of all its claims regarding the purpose of polonium-210 proposed an amendment to the concur- nuclear activities, which has enabled the experiments’’; rent resolution S. Con. Res. 81, express- IAEA to rapidly understand and verify with Whereas Hassan Rowhani on March 13, ing the concern of Congress over Iran’s high confidence the extent and scope of 2004, declared that IAEA inspections would Libya’s program and has led to the establish- be indefinitely suspended as a protest development of the means to produce ment of direct diplomatic relations with against the IAEA Board of Governors’ reso- nuclear weapons; as follows: Libya, the gradual lifting of U.S. sanctions, lution of March 13, 2004, and while Iran sub- Amend the title so as to read: ‘‘Expressing and the establishment of cooperative pro- sequently agreed to readmit inspectors to the concern of Congress over Iran’s develop- grams between the United States and Libya; one site by March 29, 2004, and to others in ment of the means to produce nuclear weap- (8) foresees a similar future for Iran, once mid-April, 2004, including four workshops be- ons.’’. that country renounces and dismantles its longing to the Defence Industries Organiza- weapons of mass destruction and long-range tion, this suspension calls into serious ques- SA 3572. Mr. FRIST (for Mr. KYL (for ballistic missile programs and renounces its tion Iran’s commitment to full transparency himself, Mrs. FEINSTEIN, Mr. LUGAR, support for international terrorist organiza- about its nuclear activities; and Mr. BIDEN)) proposed an amend- tions; Whereas Iran informed the IAEA on April ment to the concurrent resolution H. (9) notes the assistance that the United 29, 2004, of its intent to produce uranium Con. Res. 398, expressing the concern of States has provided to southeastern Iran hexafluoride in amounts that the IAEA con- Congress over Iran’s development of since the Bam earthquake on December 26, cluded would constitute production of feed the means to produce nuclear weapons; 2003; material for uranium centrifuges and wrote as follows: (10) calls upon Iran to immediately and in a letter of May 18, 2004, that its suspension permanently cease all efforts to acquire sen- of all uranium enrichment activities ‘‘does Strike all after the resolving clause and in- sitive nuclear fuel cycle capabilities, in par- not include suspension of production of sert the following: ticular all uranium enrichment activities, That Congress— UF6,’’ which contradicted assurances pro- including importing, manufacturing, and (1) condemns— vided in its letter of November 10, 2003; testing of related equipment; (A) the failure of the Government of Iran Whereas the IAEA Board of Governors’ res- (11) urges Iran to comply with its inter- olution of June 18, 2004, which was also for nearly two decades to report material, fa- national commitments and to rescind its de- adopted unanimously, ‘‘deplores’’ the fact cilities, and activities to the International cisions— that ‘‘Iran’s cooperation has not been as full, Atomic Energy Agency (IAEA) in contraven- (A) to manufacture and construct cen- timely and proactive as it should have been’’ tion of its obligations under its Safeguards trifuges; and ‘‘underlines that, with the passage of Agreement; and (B) to produce feed material that could be time, it is becoming ever more important (B) Iran’s continuing deceptions and false- used in those centrifuges; and that Iran work proactively to enable the hoods to the IAEA and the international (C) to construct a heavy-water moderated Agency to gain a full understanding of Iran’s community about its nuclear programs and reactor that could be used for plutonium pro- enrichment programme by providing all rel- activities; duction; evant information, as well as by providing (2) concurs with the conclusion reached in (12) calls upon Iran to honor its stated prompt access to all relevant places, data the Department of State’s Annual Report on commitments and legal obligations— and persons’’; Adherence to and Compliance with Arms (A) to grant IAEA inspectors prompt, full Whereas the same resolution also expresses Control and Non-Proliferation Agreements and unrestricted access; regret that Iran’s suspension ‘‘commitments and Commitments that Iran is pursuing a (B) to cooperate fully with the investiga- have not been comprehensively implemented program to develop nuclear weapons; tion of its nuclear activities; and and calls on Iran immediately to correct all (3) urges the President to provide to the (C) to demonstrate a new openness and remaining shortcomings’’; IAEA whatever financial, material, or intel- honesty about all its nuclear programs; Whereas the same resolution also calls on ligence resources are necessary to enable the (13) welcomes the June 26, 2004, declaration Iran, as further confidence-building meas- IAEA it to fully investigate Iran’s nuclear at the United States–E.U. Summit in Shan- ures, voluntarily to reconsider its decision to activities; non, Ireland, in which the European Union begin production testing at the Uranium (4) calls upon all states party to the Treaty and the United States pledged to implement Conversion Facility and its decision to start on the Non-Proliferation of Nuclear Weap- United Nations Security Council Resolution construction of a research reactor moderated ons, done at Washington, London, and Mos- 1540, which identifies actions states should by heavy water, as the reversal of those deci- cow July 1, 1968, and entered into force take— sions would make it easier for Iran to restore March 5, 1970 (hereafter in this resolution re- (A) to stop the proliferation of weapons of international confidence undermined by past ferred to as the ‘‘Nuclear Non-Proliferation mass destruction; reports of undeclared nuclear activities in Treaty’’), including the United States, to use (B) to establish new measures in accord- Iran; appropriate means to prevent Iran from ac- ance with the G8 Action Plan on Non-Pro- Whereas Iran then announced its decision quiring nuclear weapons, including the sus- liferation, announced June 9, 2004, at the G8 to resume production of centrifuge compo- pension of all nuclear and other cooperation Summit in Sea Island, Georgia; and nents, notwithstanding both the IAEA Board with Iran, including the provision of dual use (C) to preserve the integrity of the Nuclear of Governors resolution of September 12, items, until Iran fully implements the Addi- Non-Proliferation Treaty; 2003, which called on Iran ‘‘to suspend all tional Protocol to its Safeguards Agreement (14) urges close cooperation between the further uranium enrichment-related activi- with the IAEA (hereafter in this resolution United States and the European Union in ac- ties,’’ and Iran’s voluntary suspension of all referred to as the ‘‘Additional Protocol’’) and cordance with the reaffirmation in their uranium enrichment activities pursuant to is clearly in compliance with its obligations June 26, 2004, declaration of ‘‘the IAEA Board its agreement of October 21, 2003, with the under the Nuclear Non-Proliferation Treaty; of Governors’ Iran resolutions, which deplore foreign ministers of the United Kingdom, (5) declares that Iran, through its many Iran’s insufficient cooperation and call on France, and Germany; breaches during the past 18 years of its Safe- Iran, inter alia, to cooperate fully and in a Whereas Iran’s pattern of deception and guards Agreement with the IAEA, has for- timely and proactive manner, with IAEA in- concealment in dealing with the IAEA, the feited the right to be trusted with the devel- vestigation of its nuclear programme and Foreign Ministers of France, Germany, and opment of a full nuclear fuel cycle, espe- suspend all enrichment-related and reproc- the United Kingdom, and the international cially with uranium conversion and enrich- essing activities’’; community, its receipt from other countries ment and plutonium reprocessing tech- (15) calls upon the members of the Euro- of the means to enrich uranium, its use of nology, equipment, and facilities; pean Union not to resume discussions with sources who provided a nuclear weapon de- (6) declares that the revelations of Iran’s Iran on multilateral trade agreements until sign to another country, its production of nondisclosure of additional enrichment and the IAEA Director General reports that Iran centrifuge components at Defence Industries nuclear-weapons-applicable research activi- has suspended all nuclear weapons develop- Organization workshops, and its repeated ties, as detailed in the reports of February ment activity, and not to implement such breaches of its Safeguards Agreement sug- 24, 2004, and June 1, 2004, by the Director trade agreements until Iran has verifiably gest strongly that Iran has also violated its General of the IAEA, together with the and permanently ceased all nuclear weapons legal obligation under article II of the Nu- statement by the Government of Iran that it development activity, including a permanent clear Non-Proliferation Treaty not to ac- will not disclose other research programs, cessation of uranium conversion and enrich- quire or seek assistance in acquiring nuclear constitute ample evidence of Iran’s con- ment and plutonium reprocessing activities; weapons; and tinuing policy of noncompliance with the (16) further calls upon the members of the Whereas the maintenance or construction letter and spirit of its obligations under its European Union to undertake such addi- by Iran of unsafeguarded nuclear facilities or Safeguards Agreement and the Additional tional measures, including imposing sanc- uranium enrichment or reprocessing facili- Protocol; tions and sponsoring an IAEA Board of Gov- ties will continue to endanger the mainte- (7) recognizes, in contrast with Iran’s be- ernors report on non-compliance pursuant to nance of international peace and security havior, the positive example of Libya’s deci- Article XII of the IAEA Statute, as may be and threaten United States national inter- sion to renounce and dismantle its nuclear necessary to persuade Iran to cease all nu- ests: Now, therefore, be it weapons program and to provide full, com- clear weapons development activity and to

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00166 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8783 fulfill its obligations and commitments to (B) to prevent Iran from further engaging Whereas Iran did not declare to the Inter- the IAEA; in clandestine nuclear activities; national Atomic Energy Agency (IAEA) the (17) in light of ongoing revelations of the (22) further urges the United Nations Secu- existence of the Natanz Pilot Fuel Enrich- noncompliance of the Government of Iran re- rity Council, immediately upon receiving ment Plant and the production-scale Fuel garding its obligations under the Nuclear any report from the IAEA regarding the con- Enrichment Facility under construction at Non-Proliferation Treaty and pledges to the tinuing non-compliance of Iran with its obli- Natanz until February 2003, after the exist- IAEA, and in light of the consequent and on- gations, to address the threat to inter- ence of the plant and facility was revealed by going questions and concerns of the IAEA, national peace and security posed by Iran’s an opposition group; the United States, and the international nuclear weapons program and take such ac- Whereas it is estimated that the Natanz community regarding Iran’s nuclear activi- tion as may be necessary under Article 39, Pilot Fuel Enrichment Plant could produce ties— Article 40, and Article 41 of the Charter of enough highly enriched uranium for a nu- (A) urges Japan to ensure that Japanese the United Nations; clear weapon every year-and-a-half to two commercial entities not proceed with the de- (23) urges the United Nations Security years; velopment of Iran’s Azadegan oil field; Council, the Nuclear Suppliers Group, the Whereas it is estimated that the Natanz (B) urges France and Malaysia to ensure Zangger Committee, and other relevant Fuel Enrichment Facility could, when com- that French and Malaysian commercial enti- international entities to declare that non- pleted, produce enough highly enriched ura- ties not proceed with their agreement for nuclear-weapon states under the Nuclear nium for as many as 25 to 30 nuclear weapons further cooperation in expanding Iran’s liq- Non-Proliferation Treaty that commit sig- per year; uid natural gas production field; nificant violations of their safeguards agree- Whereas, in his report of June 6, 2003, the (C) calls on all countries to intercede with ments regarding uranium enrichment or plu- Director General of the IAEA stated that their commercial entities to ensure that tonium reprocessing or engage in activities Iran had failed to meet its obligations under these entities refrain from or suspend all in- intended to support a military nuclear pro- its Safeguards Agreement with the IAEA to vestment and investment-related activities gram thereby forfeit their right under the report all nuclear material imported into that support Iran’s energy industry; and Nuclear Non-Proliferation Treaty to engage Iran—specifically, the importation of ura- (D) calls on Member States of the United in nuclear fuel-cycle activities; nium hexafluoride, uranium tetrafluoride Nations to prevent the Government of Iran (24) further urges the United Nations Secu- and uranium dioxide in 1991—the processing from continuing to pursue and develop pro- rity Council, the Nuclear Suppliers Group, and use of that material, and the facilities grams or facilities that could be used in a the Zangger Committee, the International involved in the use and processing of the ma- nuclear weapons program and to end all nu- Atomic Energy Agency, other relevant inter- terial; clear cooperation with Iran, including the national entities, and all states party to the Whereas the IAEA Director General stated provision of dual use items, until Iran com- Nuclear Non-Proliferation Treaty, including in the same report that Iran had produced plies fully with its Safeguards Agreement the United States, to seek consensus, no uranium metal and was building a uranium with the IAEA and its obligations under the later than the 2005 Nuclear Non-Proliferation metal processing facility, despite the fact Nuclear Non-Proliferation Treaty; Treaty Review Conference in Geneva, Swit- that neither its light water reactors nor its (18) deplores any effort by any country to zerland, on the best and most equitable planned heavy water reactors require ura- provide nuclear power-related assistance to means to limit the right of non-nuclear nium metal for fuel; Iran at this time, and calls upon Russia— weapons states to engage in those nuclear Whereas the IAEA Board of Governors (A) to use all appropriate means to urge fuel cycle activities that could contribute to urged Iran in June 2003 to promptly rectify Iran to meet fully its obligations and com- the development of nuclear weapons, while its failures to meet its obligations under its mitments to the IAEA; and providing those states assured and affordable Safeguards Agreement, not to introduce nu- (B) to suspend nuclear cooperation with access to— clear material into the Natanz Pilot Fuel Iran and not conclude a nuclear fuel supply (A) nuclear reactor fuel and other mate- Enrichment Plant, and to cooperate fully agreement for the Bushehr reactor that rials used in peaceful nuclear activities; and with the Agency in resolving questions about would enter into force before Iran has (B) spent fuel management; and its nuclear activities; verifiably and permanently ceased all nu- (25) urges the President to keep Congress Whereas the IAEA Director General re- clear weapons development activity, includ- fully and currently informed concerning the ported to the Board of Governors of the ing a permanent cessation of uranium con- matters addressed in this resolution. IAEA in August 2003 that Iran had failed to version and enrichment and plutonium re- disclose additional nuclear activities as re- processing activities; SA 3573. Mr. FRIST (for Mr. KYL (for quired by its Safeguards Agreement and con- (19) calls upon the governments of the himself and Mrs. FEINSTEIN)) proposed tinued to fail to resolve questions about its countries whose nationals and corporations an amendment to the concurrent reso- undeclared uranium enrichment activities, are implicated in assisting Iranian nuclear lution H. Con. Res. 398, expressing the including those raised by the detection of activities, including Pakistan, Malaysia, the concern of Congress over Iran’s devel- two types of highly enriched uranium par- United Arab Emirates, and Germany— ticles at the Natanz Pilot Fuel Enrichment (A) to fully investigate such assistance; opment of the means to produce nu- Plant; (B) to grant the IAEA all necessary access clear weapons; as follows: Whereas on August 19, 2003, after earlier to individuals, sites, and information related Whereas it is the policy of the United denials, Iran admitted in a letter that it had to the investigations; States to oppose, and urgently to seek the carried out uranium conversion experiments (C) to take all appropriate action against agreement of other nations also to oppose, in the early 1990’s, experiments that included such nationals and corporations under the any transfer to Iran of any goods or tech- bench scale preparation of uranium com- laws of those countries; and nology, including dual-use goods or tech- pounds and that should have been disclosed (D) to immediately review and rectify nology, wherever that transfer could con- to the IAEA in accordance with its obliga- their export control laws, regulations, and tribute to its acquiring chemical, biological, tions under its Safeguards Agreement; practices in order to prevent further assist- or nuclear weapons; Whereas the IAEA Board of Governors on ance to countries pursuing nuclear programs Whereas the United Nations Security September 12, 2003, called on Iran to suspend that could support the development of nu- Council decided, in United Nations Security all further uranium enrichment and any plu- clear weapons; Council Resolution 1540, that ‘‘all States tonium reprocessing activities, disclose all (20) urges the IAEA Board of Governors, in shall refrain from providing any form of sup- its nuclear activities, and cooperate fully accordance with Article XII of the IAEA port to non-State actors that attempt to de- with the IAEA, and to sign, ratify, and fully Statute— velop, acquire, manufacture, possess, trans- implement the Additional Protocol between (A) to report to the United Nations Secu- port, transfer or use nuclear, chemical, or bi- Iran and the IAEA for the application of rity Council that Iran has been in non- ological weapons and their means of deliv- safeguards (the ‘‘Additional Protocol’’) to compliance with its agreements with the ery’’; strengthen investigation of all nuclear ac- IAEA; and Whereas the United States has imposed tivities within Iran, and requested all third (B) as appropriate, to specify areas in sanctions numerous times on persons and en- countries to cooperate closely and fully with which Iran continues to be in noncompliance tities transferring equipment and technical the IAEA in resolving questions about Iran’s with its agreements with the IAEA or with data to Iran to assist its weapons of mass de- nuclear program; the Nuclear Non-Proliferation Treaty, or in struction programs; Whereas IAEA inspectors and officials con- which its compliance is uncertain; Whereas on January 1, 1968, Iran signed the tinued to confront Iran with discrepancies in (21) urges the United Nations Security Treaty on the Non-Proliferation of Nuclear its explanations of its nuclear activities; Council, bearing in mind its decision in Res- Weapons, done at Washington, London, and Whereas on October 21, 2003, Iran and the olution 1540 that the ‘‘proliferation of nu- Moscow July 1, 1968, and entered into force Foreign Ministers of France, Germany, and clear, chemical and biological weapons, as March 5, 1970 (the ‘‘Nuclear Non-Prolifera- the United Kingdom issued a joint statement well as their means of delivery, constitutes a tion Treaty″); in which Iran indicated that it had decided threat to international peace and security,’’ Whereas Iran, as a party to the Nuclear to suspend all uranium enrichment and re- to consider measures necessary— Non-Proliferation Treaty as a non-nuclear processing activities as defined by the IAEA; (A) to support the inspection efforts by the weapons state, is obligated never to develop Whereas the Governments of France, Ger- IAEA; and or acquire nuclear weapons; many, and the United Kingdom promised a

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00167 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8784 CONGRESSIONAL RECORD — SENATE July 22, 2004 dialogue with Iran to ease Iran’s access to Natanz, which would appear to contradict Whereas the same resolution also noted modern technologies and supplies in a range Iran’s assertion that the source of contami- ‘‘with equal concern that Iran has not re- of areas once certain international concerns nation at both sites is imported centrifuge solved all questions regarding the develop- regarding Iran are fully resolved; components and perhaps also its assertion ment of its enrichment technology to its Whereas, in a subsequent letter on October that it has not enriched uranium to more current extent, and that a number of other 23, 2003, Iran further admitted that it had than 1.2 percent U–235 using centrifuge tech- questions remain unresolved, including the tested uranium enrichment centrifuges at nology; sources of all HEU contamination in Iran; the Kalaye Electric Company between 1998 Whereas the Director General stated in the the location, extent and nature of work un- and 2002 using its previously undeclared im- June 1, 2004, report, that ‘‘the contamination dertaken on the basis of the advanced cen- ported uranium hexafluoride; is different on domestic and imported cen- trifuge design; the nature, extent, and pur- Whereas in that same letter, Iran admitted trifuges,’’ that ‘‘it is unlikely’’ that the 36 pose of activities involving the planned that it had a laser uranium enrichment pro- percent U–235 contamination was due to heavy-water reactor; and evidence to support gram, in which it used 30 kilograms of ura- components acquired from Iran’s principal claims regarding the purpose of polonium-210 nium not previously declared to the IAEA, supplier country, and that ‘‘important infor- experiments’’; another violation of its Safeguards Agree- mation about the P–2 centrifuge programme Whereas Hassan Rowhani on March 13, ment; has frequently required repeated requests, 2004, declared that IAEA inspections would Whereas Iran indicated initially that its and in some cases continues to involve be indefinitely suspended as a protest laser enrichment program had achieved ura- changing or contradictory information’’; against the IAEA Board of Governors’ reso- nium enrichment levels of slightly more lution of March 13, 2004, and while Iran sub- Whereas these deceptions by Iran are con- than 3 percent, but the Director General’s re- sequently agreed to readmit inspectors to tinuing violations of Iran’s Safeguards port of June 1, 2004, states that the IAEA one site by March 29, 2004, and to others in Agreement and of Iran’s previous assurances later learned that Iran ‘‘had been able to mid-April, 2004, including four workshops be- to the IAEA and the international commu- achieve average enrichment levels of 8 per- longing to the Defence Industries Organiza- nity of full transparency; cent to 9 percent, with some samples of up to tion, this suspension calls into serious ques- Whereas despite Iran’s commitment to the approximately 15 percent’’; tion Iran’s commitment to full transparency IAEA and to France, Germany, and the Whereas the June 1, 2004, report states also about its nuclear activities; that Iran’s declaration of October 21, 2003, United Kingdom that it would suspend ura- Whereas Iran informed the IAEA on April failed to include information that should nium enrichment activities, it has repeat- 29, 2004, of its intent to produce uranium have been provided, including the fact that edly emphasized that this suspension is tem- hexafluoride in amounts that the IAEA con- ‘‘some samples from’’ the laser uranium en- porary and continued to manufacture and, cluded would constitute production of feed richment project ‘‘had been sent for assess- until April 2004, to import, uranium enrich- material for uranium centrifuges and wrote ment to the supplier’s laboratory’’; ment centrifuge parts and equipment, allow- in a letter of May 18, 2004, that its suspension Whereas, in its letter of October 23, 2003, ing it to resume and expand its uranium en- of all uranium enrichment activities ‘‘does Iran also admitted that it had irradiated 7 richment activities whenever it chooses; not include suspension of production of kilograms of uranium dioxide targets and re- Whereas the statements on February 25, UF6,’’ which contradicted assurances pro- processed them to extract plutonium, an- 2004, of Hassan Rowhani, Secretary of the vided in its letter of November 10, 2003; other violation of its legal obligation to dis- Supreme National Security Council of Iran, Whereas the IAEA Board of Governors’ res- close such activities under its Safeguards that Iran was not required to reveal to the olution of June 18, 2004, which was also Agreement; IAEA its research into more sophisticated adopted unanimously, ‘‘deplores’’ the fact Whereas Iran told the IAEA on November ‘‘P2’’ uranium enrichment centrifuges, and that ‘‘Iran’s cooperation has not been as full, 10, 2003, that it would sign and ratify the Ad- that Iran has other projects which it has no timely and proactive as it should have been’’ ditional Protocol and would act in accord- intention of declaring to the IAEA, are con- and ‘‘underlines that, with the passage of ance with the Additional Protocol pending trary to— time, it is becoming ever more important its entry-into-force; (1) Iran’s commitment to the IAEA in an that Iran work proactively to enable the Whereas, on November 10, 2003, Iran further October 16, 2003, letter from the Vice Presi- Agency to gain a full understanding of Iran’s informed the IAEA Director General that it dent of Iran and the President of Iran’s enrichment programme by providing all rel- had decided to suspend all enrichment and Atomic Energy Organization that Iran would evant information, as well as by providing reprocessing activities in Iran, not to present a ‘‘full picture of its nuclear activi- prompt access to all relevant places, data produce feed material for enrichment proc- ties’’ and ‘‘full transparency’’; and persons’’; esses, and not to import enrichment related (2) Iran’s commitment to the foreign min- Whereas the same resolution also expresses items; isters of the United Kingdom, France, and regret that Iran’s suspension ‘‘commitments Whereas the IAEA, through its investiga- Germany of October 21, 2003, to full trans- have not been comprehensively implemented tive and forensic activities in Iran and else- parency and to resolve all outstanding and calls on Iran immediately to correct all where, has uncovered and confronted Iran issues; and remaining shortcomings’’; about numerous lies concerning its nuclear (3) its statement to the IAEA’s Board of Whereas the same resolution also calls on activities; Governors of September 12, 2003, of its com- Iran, as further confidence-building meas- Whereas the Director General of the IAEA mitment to full transparency and to ‘‘leave ures, voluntarily to reconsider its decision to reported to the IAEA Board of Governors on no stone unturned’’ to assure the IAEA of its begin production testing at the Uranium November 10, 2003, that Iran has concealed peaceful objectives; Conversion Facility and its decision to start many aspects of its nuclear activities from Whereas Libya received enrichment equip- construction of a research reactor moderated the IAEA, in breach of its obligations under ment and technology, and a nuclear weapons by heavy water, as the reversal of those deci- its Safeguards Agreement; design, from the same nuclear black market sions would make it easier for Iran to restore Whereas, despite Iran’s subsequent pledge that Iran has used, raising the question of international confidence undermined by past to, once again, fully disclose all of its nu- whether Iran, as well, received a nuclear reports of undeclared nuclear activities in clear activities to the IAEA, the Director weapon design that it has refused to reveal Iran; General of the IAEA, in a February 24, 2004, to international inspectors; Whereas Iran then announced its decision report, found that Iran continued to engage Whereas the Russian Federation has an- to resume production of centrifuge compo- in deception regarding its nuclear activities, nounced that it will soon conclude an agree- nents, notwithstanding both the IAEA Board including failing to disclose a more sophisti- ment to supply Iran with enriched nuclear of Governors resolution of September 12, cated enrichment program using more ad- fuel for the Bushehr nuclear power reactor, 2003, which called on Iran ‘‘to suspend all vanced enrichment centrifuge technology which, if implemented, would undercut the further uranium enrichment-related activi- imported from foreign sources, and providing international effort to persuade Iran to cease ties,’’ and Iran’s voluntary suspension of all incomplete and unsupported explanations its nuclear weapons development program; uranium enrichment activities pursuant to about experiments to create a highly toxic Whereas the IAEA Board of Governors’ res- its agreement of October 21, 2003, with the isotope of polonium that outside experts say olution of March 13, 2004, which was adopted foreign ministers of the United Kingdom, is useful as a neutron initiator in nuclear unanimously, noted with ‘‘serious concern France, and Germany; weapons; that the declarations made by Iran in Octo- Whereas Iran’s pattern of deception and Whereas the Director General’s reports of ber 2003 did not amount to the complete and concealment in dealing with the IAEA, the February 24, 2001, and June 1, 2004, stated final picture of Iran’s past and present nu- Foreign Ministers of France, Germany, and that environmental samples from one room clear programme considered essential by the the United Kingdom, and the international at the Kalaye Electric Company workshop Board’s November 2003 resolution,’’ and also community, its receipt from other countries and from equipment that had been present in noted that the IAEA has discovered that Iran of the means to enrich uranium, its use of that workshop showed more than trace quan- had hidden more advanced centrifuge associ- sources who provided a nuclear weapon de- tities of uranium enriched to 36 percent U– ated research, manufacturing, and testing sign to another country, its production of 235, despite finding only negligible traces of activities, two mass spectrometers used in centrifuge components at Defence Industries this on imported centrifuge components, and the laser enrichment program, and designs Organization workshops, and its repeated that the types of uranium contamination at for hot cells to handle highly radioactive breaches of its Safeguards Agreement sug- that workshop differed from those found at materials; gest strongly that Iran has also violated its

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legal obligation under article II of the Nu- possess attributes valuable for public man- (4) NON-FEDERAL LAND.—The term ‘‘non- clear Non-Proliferation Treaty not to ac- agement, use, and enjoyment, including— Federal land’’ means the land described in quire or seek assistance in acquiring nuclear (A) outdoor recreation; section 103(b)(2). weapons; and (B) stands of old growth pine and juniper; (5) SECRETARY.—The term ‘‘Secretary’’ Whereas the maintenance or construction (C) wildlife habitat; means the Secretary of Agriculture. by Iran of unsafeguarded nuclear facilities or (D) cultural and archaeological resources; (6) YAVAPAI RANCH.—The term ‘‘Yavapai uranium enrichment or reprocessing facili- and Ranch’’ means— ties will continue to endanger the mainte- (E) scenic vistas; (A) the Yavapai Ranch Limited Partner- nance of international peace and security (5) the checkerboard ownership pattern of ship, an Arizona Limited Partnership; and and threaten United States national inter- private land and Federal land within the (B) the Northern Yavapai, L.L.C., an Ari- ests: Now, therefore, be it Prescott National Forest impedes sound and zona Limited Liability Company. efficient management and use of the inter- SEC. 103. LAND EXCHANGE. SA 3574. Mr. FRIST (for Mr. KYL (for mingled National Forest System land; (a) CONVEYANCE OF FEDERAL LAND BY THE himself and Mrs. FEINSTEIN)) proposed (6) acquisition by the United States of cer- UNITED STATES.— an amendment to the concurrent reso- tain parcels of land through a land exchange (1) IN GENERAL.—On receipt of an offer from lution H. Con. Res. 398, expressing the with Yavapai Ranch Limited Partnership Yavapai Ranch to convey the non-Federal concern of Congress over Iran’s devel- and the Northern Yavapai, L.L.C., for addi- land that complies with the requirements of tion to Prescott National Forest would serve this Act and that is acceptable to the Sec- opment of the means to produce nu- the public objectives of— clear weapons; as follows: retary, the Secretary shall convey to (A) acquiring private land that meets the Yavapai Ranch by deed acceptable to Amend the title so as to read: ‘‘Expressing criteria for inclusion in the National Forest Yavapai Ranch, subject to easements, rights- the concern of Congress over Iran’s develop- System; of-way, utility lines, and any other valid en- ment of the means to produce nuclear weap- (B) consolidating a large area of National cumbrances on the Federal land in existence ons.’’ Forest System land to allow— on the date of enactment of this Act and any (i) permanent public access, use, and enjoy- other reservations that may be agreed to by SA 3575. Mr. MCCAIN submitted an ment of the land; and the Secretary and Yavapai Ranch, all right, amendment intended to be proposed by (ii) efficient management of the land; title, and interest of the United States in him to the bill S. 849, to provide for a (C) minimizing cash outlays by the United and to the Federal land described in para- land exchange in the State of Arizona States to achieve the objectives described in graph (2). between the Secretary of Agriculture subparagraphs (A) and (B); and (2) DESCRIPTION OF FEDERAL LAND.—The (D) reducing administrative costs to the Federal land referred to in paragraph (1) and Yavapai Ranch Limited partner- United States through— ship; which was referred to the Com- shall consist of the following: (i) elimination of approximately 350 miles (A) Certain land comprising approximately mittee on Energy and Natural Re- of boundary between private land and the 15,300 acres located in Yavapai County, Ari- sources; as follows: Federal parcels; and zona, as generally depicted on the map enti- Strike all after the enacting clause and in- (ii) reduction of right-of-way, special use, tled ‘‘Yavapai Ranch-Ranch Area Federal sert the following: and other permit processing and issuance for Lands’’, dated April 2002. roads and other facilities on National Forest SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (B) Certain land in the Coconino National System land; (a) SHORT TITLE.—This Act may be cited as Forest, Coconino County Arizona— (7) additional parcels of National Forest the ‘‘Northern Arizona Land Exchange and (i) comprising approximately 1,500 acres lo- System land within Yavapai County, Arizona Verde River Basin Partnership Act of 2004’’. cated in Coconino National Forest, Coconino have been identified for inclusion in the land (b) TABLE OF CONTENTS.—The table of con- County, Arizona, as generally depicted on exchange because the parcels— tents of this Act is as follows: the map entitled ‘‘Flagstaff Federal Lands- (A) have lost their forest character; Airport Parcel’’, dated April 2002; and Sec. 1. Short title; table of contents. (B) meet the National Forest Plan criteria (ii) comprising approximately 28.26 acres in TITLE I—NORTHERN ARIZONA LAND for exchange; and 2 separate parcels, as generally depicted on EXCHANGE (C) are managed under special use permits the map entitled ‘‘Flagstaff Federal Lands— Sec. 101. Findings and purpose. and leases for a variety of purposes (includ- Wetzel School and Mt. Elden Parcels’’, dated Sec. 102. Definitions. ing municipal water treatment facilities, September 2002. Sec. 103. Land exchange. sewage treatment facilities, city parks, (C) Certain land referred to as Williams Sec. 104. Exchange valuation, appraisals, camps, and airport-related facilities) that— Airport, Williams golf course, Williams and equalization. (i) limit the usefulness of the parcels for Sewer, Buckskinner Park, Williams Rail- Sec. 105. Miscellaneous provisions. general National Forest System purposes; road, and Well parcels numbers 2, 3, and 4, Sec. 106. Status and management of land but comprising approximately 950 acres, located after exchange. (ii)(I) are to be conveyed by the Yavapai in Kaibab National Forest, Coconino County, Sec. 107. Conveyance of additional land. Ranch Limited Partnership, to the third- Arizona, as generally depicted on the map TITLE II—VERDE RIVER BASIN party permit or lease holders in accordance entitled ‘‘Williams Federal Lands’’, dated PARTNERSHIP with agreements acceptable to all parties to April 2002. the agreements; or Sec. 201. Findings and purpose. (D) Certain land comprising approximately (II) are to be purchased directly from the 2,200 acres located in Prescott National For- Sec. 202. Definitions. Secretary in accordance with this Act; and Sec. 203. Verde River Basin Partnership. est, Yavapai County, Arizona, as generally (8) the exchange and conveyance of the depicted on the map entitled ‘‘Camp Verde Sec. 204. Verde River Basin studies. Federal land should not result in adverse im- Sec. 205. Verde River Basin Partnership Federal Land—General Crook Parcel’’, dated pacts on existing water users, State water April 2002. final report. right holders, or the Verde River. Sec. 206. Memorandum of understanding. (E) Certain Forest Service land comprising (b) PURPOSE.—The purpose of this title is Sec. 207. Effect. approximately 237.5 acres located in Kaibab to authorize, direct, and facilitate— National Forest, Coconino County, Arizona, TITLE I—NORTHERN ARIZONA LAND (1) an equal value exchange of Federal land as generally depicted on the map entitled EXCHANGE and non-Federal land between the United ‘‘Younglife Lost Canyon’’, dated April 2002. SEC. 101. FINDINGS AND PURPOSE. States, Yavapai Ranch Limited Partnership, (F) Certain Forest Service land comprising (a) FINDINGS.—Congress finds that— and the Northern Yavapai, L.L.C.; and approximately 200 acres located in Prescott (1) the Prescott National Forest in Yavapai (2) the conveyance of portions of certain National Forest, Yavapai County, Arizona, County, Arizona includes approximately 170 parcels of the Federal land for community and including Friendly Pines, Patterdale square miles of parcels of Federal land and and other uses. Pines, Camp Pearlstein, Pine Summit, and private land intermingled in a checkerboard SEC. 102. DEFINITIONS. Sky Y, as generally depicted on the map en- pattern; In this title: titled ‘‘Prescott Federal Lands—Summer (2) the Federal land is administered by the (1) CAMP.—The term ‘‘camp’’ means Camp Youth Camp Parcels’’, dated April 2002. Secretary of Agriculture as National Forest Pearlstein, Friendly Pines, Patterdale Pines, (G) Perpetual easements reserved by the System land; Pine Summit, Sky Y, and YoungLife Lost United States that— (3) the private land is owned by the Canyon camps in the State of Arizona. (i) run with and benefit land owned by or Yavapai Ranch Limited Partnership and the (2) FEDERAL LAND.—The term ‘‘Federal conveyed to Yavapai Ranch across certain Northern Yavapai, L.L.C.; land’’ means the land described in section land of the United States; (4) portions of the private land within the 103(a)(2). (ii) are for the purposes of— checkerboard area (including the land lo- (3) MANAGEMENT PLAN.—The term ‘‘Man- (I) operating, maintaining, repairing, im- cated in or near the Pine Creek watershed, agement Plan’’ means the land and resource proving, and replacing electric power lines or Juniper Mesa Wilderness Area, Haystack management plan for Prescott National For- water pipelines (including related storage Peak, and the Luis Maria Baca Float No. 5) est. tanks, valves, pumps, and hardware); and

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00169 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8786 CONGRESSIONAL RECORD — SENATE July 22, 2004 (II) providing rights of reasonable ingress ment described in subparagraph (A) by a sub- claims, or other third party rights under and egress necessary for the activities de- sequent successor-in-interest if the United public land laws— scribed in subclause (I); States or the successor-in-interest did not (A) the parcel of Federal land or portion of (iii) are 20 feet in width; and contribute to the breach. the parcel shall be excluded from the ex- (iv) are located 10 feet on either side of (5) APPLICABLE LAW.—In accordance with change; and each line depicted on the map entitled section 120(h) of the Comprehensive Environ- (B) the non-Federal land shall be adjusted ‘‘YRLP Acquired Easements for Water mental Response, Compensation, and Liabil- in accordance with section 104(c). Lines’’, dated April 2002. ity Act of 1980 (42 U.S.C. 9620(h)), the United (2) NON-FEDERAL LAND.—If any parcel of (3) PERMITS.—Permits or other legal occu- States shall reserve an easement in any land non-Federal land (or a portion of a non-Fed- pancies of the Federal land by third parties transferred to Yavapai Ranch. eral parcel) cannot be conveyed to the in existence on the date of transfer of the (b) CONVEYANCE OF NON-FEDERAL LAND BY United States because of the presence of haz- Federal land to Yavapai Ranch shall be ad- YAVAPAI RANCH.— ardous materials or if the proposed title to a dressed in accordance with— (1) IN GENERAL.—On receipt of title to the parcel or a portion of the parcel is unaccept- (A) part 254.15 of title 36, Code of Federal Federal land, Yavapai Ranch shall simulta- able to the Secretary— Regulations (or any successor regulation); neously convey to the United States, by deed (A) the parcel of non-Federal land or por- and acceptable to the Secretary and subject to tion of the parcel shall be excluded from the (B) other applicable laws (including regula- any encumbrances in existence on April 1, exchange; and tions). 2002, all right, title, and interest of Yavapai (B) the Federal land shall be adjusted in (4) CONDITION ON CONVEYANCE OF CAMP Ranch in and to the non-Federal land. accordance with section 104(c). (2) DESCRIPTION OF NON-FEDERAL LAND.— VERDE PARCEL.— (d) CONVEYANCE OF FEDERAL LAND TO CIT- The non-Federal land referred to in para- (A) IN GENERAL.—To conserve water in the IES AND CAMPS.— graph (1) consists of approximately 35,000 Verde Valley, Arizona, and to minimize the (1) SUBSEQUENT CONVEYANCE.—If, after adverse impacts from future development of acres of non-Federal land located within the completion of the appraisals of Federal land the parcels described in paragraph (2)(D) on boundaries of Prescott National Forest, as and non-Federal land under section 104(b), current and future users of water and holders generally depicted on the map entitled but before the completion of the exchange, ‘‘Yavapai Ranch Non-Federal Lands’’, dated of water rights in existence on the date of Yavapai Ranch, the cities of Flagstaff, Wil- April 2002. enactment of this Act and the Verde River liams, and Camp Verde, Arizona, and the (3) EASEMENTS.— and National Forest System land retained by owners of the camps enter into an agreement (A) IN GENERAL.—The conveyance of non- the United States, the United States shall for Yavapai Ranch to convey to the cities Federal land to the United States under limit in perpetuity the use of water on each and the owners of the camps the parcels of paragraph (1) shall be subject to the reserva- parcel by reserving conservation easements Federal land or portions of parcels located in tion of— that— or near the cities or camps, Yavapai Ranch (i) perpetual and unrestricted easements (i) run with the land; shall, on acquisition of the Federal land, (ii) prohibit golf course development on that run with and benefit the land retained convey to the cities and the owners of the the parcel; by Yavapai Ranch for— camps the parcels or portions identified in (iii) require that public parks and green- (I) the operation, maintenance, repair, im- the agreement in accordance with the terms belts on the parcel be watered with treated provement, development, and replacement of of the agreement. effluent; not more than 3 wells in existence on the (2) DIRECT CONVEYANCE.— (iv) limit total post-exchange water use to date of enactment of this Act; (A) IN GENERAL.—If Yavapai Ranch, the cit- not more than 700 acre-feet of water per (II) related storage tanks, valves, pumps, ies referred to in paragraph (1), and the own- year; and and hardware; and ers of the camps have not entered into an (v) except for water supplied to the parcel (III) pipelines to points of use; and agreement in accordance with paragraph (1), by municipal water service providers or pri- (ii) easements for reasonable ingress and vate water companies, require that any egress to accomplish the purposes of the the Secretary— water used for the parcel not be withdrawn easements described in clause (i). (i) shall, on notification by Yavapai Ranch, from wells perforated in the saturated Holo- (B) EXISTING WELLS.— the cities, or camps, delete the parcel or any cene alluvium of the Verde River. (i) IN GENERAL.—Each easement for an ex- portion of the parcel from the exchange to provide the United States with manageable (B) RECORDATION.—The conservation ease- isting well shall be— ments described in subparagraph (A) shall be (I) 40 acres in area; and post-exchange land and boundaries; and recorded in the title to each parcel described (II) to the maximum extent practicable— (ii) may, without further administrative or in paragraph (2)(D) that is conveyed by the (aa) centered on the existing well; and environmental analyses or appraisal and in Secretary to Yavapai Ranch. (bb) located in the same square mile sec- accordance with any terms and conditions (C) SUBSEQUENT CONVEYANCE.— tion of land. that the Secretary may require, convey to (i) IN GENERAL.—On acquisition of title to (ii) LIMITATION.—Within each 40-acre ease- the cities or camps all right, title, and inter- the parcel described in paragraph (2)(D), ment described in clause (i), the United est of the United States in and to the parcel Yavapai Ranch may convey all or a portion States and any permitees or licensees of the or portion of the parcel for consideration in of the interest of Yavapai Ranch in the par- United States— an amount determined under subparagraph cel to 1 or more successors-in-interest. (I) may take any actions that are nec- (B). (ii) WATER USE APPORTIONMENT.—A convey- essary to use the water from the well; but (B) CONSIDERATION.—In exchange for a par- ance under clause (i) shall, in accordance (II) may not undertake, without the writ- cel or portion of a parcel acquired under sub- with the terms described in subparagraph ten consent of Yavapai Ranch, any activity paragraph (A), the cities or camps shall pay (A), include a recorded and binding agree- that materially interferes with the use of the to the Secretary the fair market value of the ment on the quantity of water available for wells by Yavapai Ranch. parcel, as determined by an independent ap- use on the parcel or portion of the parcel (iii) RESERVATION OF WATER FOR THE UNITED praisal. conveyed, as determined by Yavapai Ranch. STATES.—The United States shall be entitled (C) DISPOSITION OF PROCEEDS.—The Sec- retary shall deposit the proceeds of a sale (D) ENFORCEMENT.—The Secretary shall to 1⁄2 the production of each existing well, offer to enter into a memorandum of under- not to exceed a total of 3,100,000 gallons of under subparagraph (A) in a special account standing with a political subdivision of the water annually, for watering wildlife and in the fund established under Public Law 90– State, as designated by the Director of Ari- stock and for other National Forest System 171 (commonly known as the ‘‘Sisk Act’’) (16 zona Department of Water Resources, that purposes from the 3 wells. U.S.C. 484a). authorizes the political subdivision to en- (C) REASONABLE ACCESS.—Each easement (D) USE.—Amounts deposited under sub- force the terms described in subparagraph for ingress and egress shall be at least 20 feet paragraph (A) shall be available to the Sec- (A) in any manner provided by law. in width. retary, without further appropriation, until (E) LIABILITY.— (D) LOCATION.—The locations of the ease- expended, for the acquisition of land in the (i) IN GENERAL.—Any action for a breach of ments and wells shall be the locations gen- State of Arizona for National Forest System a term of a conservation easement described erally depicted on a map entitled ‘‘YRLP Re- purposes, including the land authorized for in subparagraph (A) shall be against the served Easements for Water Lines and exchange under this title. owner of the parcel or portion of the parcel, Wells’’, dated April 2002. SEC. 104. EXCHANGE VALUATION, APPRAISALS, at the time of the breach, whose action or (c) LAND TRANSFER PROBLEMS.— AND EQUALIZATION. failure to act has resulted in the breach. (1) FEDERAL LAND.—If any parcel of Federal (a) EQUAL VALUE EXCHANGE.—The value of (ii) HOLD HARMLESS.—To the extent that land (or a portion of a Federal parcel) cannot the non-Federal and Federal land to be ex- the United States or a successor-in-interest be conveyed to Yavapai Ranch because of the changed under this title— to the United States no longer holds title to presence of hazardous materials or if the pro- (1) shall be equal, as determined by the a parcel or any portion of a parcel described posed title to a parcel of Federal land (or a Secretary, based on the appraisals conducted in paragraph (2)(D), the United States and portion of a Federal parcel) is unacceptable under subsection (b); or any successor-in-interest shall be held harm- to Yavapai Ranch because of the presence of (2) shall be equalized in accordance with less from damages or injuries attributable to threatened or endangered species, cultural or subsection (c). any breach of a term of a conservation ease- historic resources, unpatented mining (b) APPRAISALS.—

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(1) IN GENERAL.—The value of the Federal (I) 2 portions of the Camp Verde parcel, Fe Railway (Phoenix Subdivision), com- land and non-Federal land shall be deter- comprising a total of approximately 630 prising approximately 60 acres. mined by appraisals using the appraisal acres, consisting of— (v) By deleting the Buckskinner Park par- standards in— (aa) a portion of the Camp Verde parcel, cel, comprising approximately 50 acres, lo- (A) the Uniform Appraisal Standards for comprising approximately 316 acres, located cated in Kaibab National Forest, and more Federal Land Acquisitions, fifth edition (De- in Prescott National Forest, and more par- particularly described as the SW1⁄4SW1⁄4, and cember 20, 2000); and ticularly described as lots 1, 5, and 6 of sec- the S1⁄2S1⁄2NW1⁄4SW1⁄4 portions of section 33, (B) the Uniform Standards of Professional tion 26, the NENE 1⁄4 portion of section 26, T. 22 N., R. 2 E., Gila and Salt River Base and Appraisal Practice. and the N1⁄2N1⁄2 portion of section 27, T. 14 N., Meridian, Coconino County, Arizona. (2) APPROVAL.—In accordance with part R. 4 E., Gila and Salt River Base and Merid- (vi) By deleting the Wetzel school parcel, 254.9(a)(1) of title 36, Code of Federal Regula- ian, Yavapai County, Arizona; and comprising approximately 10.89 acres, lo- tions (or any successor regulation), the ap- (bb) a portion of the Camp Verde parcel, cated in Coconino National Forest, and more praiser shall be— comprising approximately 314 acres, located particularly described as lot 9 of section 11, (A) acceptable to the Secretary and in Prescott National Forest, and more par- T. 21 N., R. 7 E., Gila and Salt River Base and Yavapai Ranch; and ticularly described as lots 2, 7, 8, and 9 of sec- Meridian, Coconino County, Arizona. 1 1 (B) a contractor, the clients of which shall tion 26, the SE ⁄4NE ⁄4 portion of section 26, (vii) By deleting the Mt. Eldon parcel, 1 1 be the Secretary and Yavapai Ranch. and the S ⁄2N ⁄2 of section 27, T. 14 N., R. 4 E., comprising approximately 17.21 acres, lo- Gila and Salt River Base and Meridian, cated in Coconino National Forest, and more (3) REQUIREMENTS.—During the appraisal Yavapai County, Arizona; and particularly described as lot 7 of section 7, T. process the appraiser shall— (II) lots 5 through 7 of section 36, T. 14 N., 21 N., R. 8 E., Gila and Salt River Base and (A) consider the effect on value of the Fed- R. 4 E., Gila and Salt River Base and Merid- Meridian, Coconino County, Arizona. eral land or non-Federal land because of the ian, Yavapai County, Arizona. (C) MODIFICATIONS.—The descriptions of existence of encumbrances on each parcel, (ii) Beginning at the south boundary of land and acreage provided in clauses (ii), including— section 31, T. 20 N., R. 5 W., Gila and Salt (iii), and (vii) of subparagraph (B) may be (i) permitted uses on Federal land that River Base and Meridian, Yavapai County, modified to conform with a survey approved cannot be reasonably terminated before the Arizona, and sections 33 and 35, T. 20 N., R. by the Bureau of Land Management. appraisal; and 6 W., Gila and Salt River Base and Meridian, (3) SURPLUS OF NON-FEDERAL LAND.— (ii) facilities on Federal land that cannot Yavapai County, by adding to the non-Fed- (A) IN GENERAL.—If, after any adjustments be reasonably removed before the appraisal; eral land to be conveyed to the United States are made to the non-Federal land or Federal and in 1⁄8 section increments (E–W 64th line) land under subsection (c) or (d) of section (B) determine the value of each parcel of while deleting from the conveyance to 103, the final appraised value of the non-Fed- Federal land and non-Federal land (including Yavapai Ranch Federal land in the same in- eral land exceeds the final appraised value of the value of each individual section of the cremental portions of section 32, T. 20 N., R. the Federal land, the Federal land and non- intermingled Federal and non-Federal land 5 W., Gila and Salt River Base and Meridian, Federal land shall be adjusted in accordance of the Yavapai Ranch) as an assembled Yavapai County, Arizona, and sections 32, 34, with subparagraph (B) until the value is transaction consistent with the applicable and 36, in T. 20 N., R. 6 W., Gila and Salt equal. provisions of parts 254.5 and 254.9(b)(1)(v) of River Base and Meridian, Yavapai County, (B) ADJUSTMENTS.—An adjustment referred title 36, Code of Federal Regulations (or any Arizona, to establish a linear and continuous to in subparagraph (A) shall be accomplished successor regulation). boundary that runs east to west across the by beginning at the east boundary of section (4) DISPUTE RESOLUTION.—A dispute relat- sections. 30, T. 20 N., R. 6 W., Gila and Salt River Base ing to the appraised values of the Federal (iii) By deleting the Williams Sewer parcel, and Meridian, Yavapai County, Arizona, and land or non-Federal land following comple- comprising approximately 20 acres, located adding to the Federal land in 1⁄8 section in- tion of the appraisal shall be processed in ac- in Kaibab National Forest, and more particu- crements (N–S 64th line) and lot lines across cordance with— larly described as the E1⁄2NW1⁄4SE1⁄4 portion the section, while deleting in the same incre- (A) section 206(d) of the Federal Land Pol- of section 21, T. 22 N., R. 2 E., Gila and Salt ments portions of sections 19 and 31, T. 20 N., icy and Management Act of 1976 (43 U.S.C. River Base and Meridian, Coconino County, R. 6 W., Gila and Salt River Base and Merid- 1716(d)); and Arizona. ian, Yavapai County, Arizona, to establish a (B) part 254.10 of title 36, Code of Federal (iv) By deleting the Williams railroad par- linear and continuous boundary that runs Regulations (or any successor regulation). cel, located in the Kaibab National Forest, north to south across the sections. (5) AVAILABILITY.—In accordance with the and more particularly described as— (d) CASH EQUALIZATION.— policy of the Forest Service, and to ensure (I) the W1⁄2SW1⁄4 portion of section 26, T. 22 (1) IN GENERAL.—After the values of the the timely and full disclosure of the apprais- N., R. 2 E., Gila and Salt River Base and Me- non-Federal and Federal land are equalized als to the public, the appraisals approved by ridian, Coconino County, Arizona, excluding to the maximum extent practicable under the Secretary— any portion northeast of the southwestern subsection (c), any balance due the Secretary (A) shall be provided by the Secretary to— right-of-way line of the Burlington Northern or Yavapai Ranch shall be paid— (i) the cities of Flagstaff, Williams, and and Santa Fe Railway (Seligman Subdivi- (A) through cash equalization payments Camp Verde, Arizona; and sion), comprising approximately 30 acres; under section 206(b) of the Federal Land Pol- 1 1 1 1 1 (ii) the owners of the camps; and (II) the NE ⁄4NW ⁄4, the N ⁄2SE ⁄4NW ⁄4, the icy and Management Act of 1976 (43 U.S.C. 1 1 1 1 1 1 (B) shall be available for public inspection SE ⁄4SE ⁄4NW ⁄4, the NE ⁄4, the SE ⁄4SW ⁄4, and 1716(b)); or the SE1⁄4 portions of section 27, T. 22 N., R. 2 in— (B) in accordance with standards estab- E., Gila and Salt River Base and Meridian, (i) the Offices of the Supervisors for Pres- lished by the Secretary and Yavapai Ranch. Coconino County, Arizona, excluding any cott, Coconino, and Kaibab National Forests; (2) LIMITATION.— portion north of the southern right-of-way of and (A) ADJUSTMENTS.—If the value of the Fed- Interstate 40 and any portion northeast of (ii) public libraries in the cities referred to eral land exceeds the value of the non-Fed- the southwestern right-of-way line of the in subparagraph (A)(i). eral land by more than $50,000, the Secretary Burlington Northern and Santa Fe Railway and Yavapai Ranch shall, by agreement, de- (c) EQUALIZATION OF VALUES.— (Seligman Subdivision), any portion south of lete additional Federal land from the ex- (1) IN GENERAL.—To achieve an equal value the northern right-of-way of the Burlington change until the value of the Federal land exchange of Federal land and non-Federal Northern and Santa Fe Railway (Phoenix and non-Federal land is equal to the max- land, the Secretary and Yavapai Ranch shall Subdivision), and any portion within Ex- imum extent practicable. adjust the acreage of the Federal land and change Survey No. 677, comprising approxi- (B) DEPOSIT.—Any amounts received by the non-Federal land in accordance with para- mately 220 acres; United States under this title— graphs (2) and (3) until, to the maximum ex- (III) the NE1⁄4NE1⁄4 portion of section 34, T. (i) shall be deposited in a fund established tent practicable, the value is equal. 22 N., R. 2 E., Gila and Salt River Base and under Public Law 90–171 (16 U.S.C. 484a) (2) SURPLUS OF FEDERAL LAND.— Meridian, Coconino County, Arizona, exclud- (commonly known as the ‘‘Sisk Act’’); and (A) IN GENERAL.—If, after any adjustments ing any portion southwest of the north- (ii) shall be available, without further ap- are made to the non-Federal land or Federal eastern right-of-way line of the Burlington propriation, for the acquisition of land or in- land under subsection (c) or (d) of section Northern and Santa Fe Railway (Phoenix terests in land for National Forest System 103, the final appraised value of the Federal Subdivision), comprising approximately 2 purposes in the State of Arizona. land exceeds the final appraised value of the acres; and SEC. 105. MISCELLANEOUS PROVISIONS. 1 non-Federal land, the Federal land and non- (IV) the N ⁄2 portion of section 35, T. 22 N., (a) REVOCATION OF ORDERS.—Any public or- Federal land shall be adjusted in accordance R. 2 E., Gila and Salt River Base and Merid- ders withdrawing any of the Federal land with subparagraph (B) until, to the max- ian, Coconino County, Arizona, excluding from appropriation or disposal under the imum extent practicable, the value is equal. any portion north of the southern right-of- public land laws are revoked to the extent (B) ADJUSTMENTS.—Adjustments under way line of the Burlington Northern and necessary to permit disposal of the Federal subparagraph (A) shall be made in accord- Santa Fe Railway (Seligman Subdivision) land. ance with the following order: and any portion south of the northern right- (b) WITHDRAWAL OF FEDERAL LAND.—The (i) By deleting— of-way of the Burlington Northern and Santa Federal land is withdrawn from all forms of

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00171 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8788 CONGRESSIONAL RECORD — SENATE July 22, 2004 entry and appropriation under the public date of enactment of this Act, may as deter- croachments on the lot by quitclaim deed land laws, including the mining and mineral mined to be appropriate by the Secretary— the parcel of land described in subsection (b). leasing laws and the Geothermal Steam Act (A) remain in the Yavapai Ranch grazing (b) DESCRIPTION OF LAND.—The parcel of of 1970 (30 U.S.C. 1001 et seq.), until the date allotment; and land referred to in subsection (a) is lot 8 in on which the exchange of Federal land and (B) continue to be subject to grazing in ac- section 11, T. 21 N., R. 7 E., Gila and Salt non-Federal land is completed. cordance with the laws (including regula- River Base and Meridian, Coconino County, (c) SURVEYS, INVENTORIES, AND CLEAR- tions) generally applicable to domestic live- Arizona. ANCES.—Before completing the exchange of stock grazing on National Forest System (c) AMOUNT OF CONSIDERATION.—In ex- Federal land and non-Federal land under this land. change for the land described in subsection title, the Secretary shall carry out land sur- (3) EASEMENTS.— (b), the individual or entity acquiring the veys and preexchange inventories, clear- (A) IN GENERAL.—On completion of the land land shall pay to the Secretary consideration ances, reviews, and approvals relating to exchange under this title, the Secretary and in the amount of— hazardous materials, threatened and endan- Yavapai Ranch shall grant each other at no (1) $2500; plus gered species, cultural and historic re- charge reciprocal easements for ingress, (2) any costs of re-monumenting the sources, and wetlands and floodplains. egress, and utilities across, over, and boundary of land. (d) COSTS OF IMPLEMENTING THE EX- through— (d) TIMING.— CHANGE.— (i)(I) the routes depicted on the map enti- (1) IN GENERAL.—Not later than 90 days (1) IN GENERAL.—In accordance with part after the date on which the Secretary re- 254.7(a) of title 36, Code of Federal Regula- tled ‘‘Road and Trail Easements—Yavapai Ranch Area’’ dated April 2002; and ceives a power of attorney executed by the tions (or any successor regulation), and for- individual or entity acquiring the land, the est service policy, the costs of implementing (II) any other inholdings retained by the United States or Yavapai Ranch; or Secretary shall convey to the individual or the exchange of Federal land and non-Fed- entity the land described in subsection (b). eral land shall be shared equally by the Sec- (ii) any relocated routes that are agreed to (2) LIMITATION.—If, by the date that is 270 retary and Yavapai Ranch. by the Secretary and Yavapai Ranch. days after the date of enactment of this Act, (2) CREDITS.—Any costs incurred by (B) REQUIREMENTS.—An easement described the Secretary does not receive the power of Yavapai Ranch for cultural or historic re- in subparagraph (A)— attorney described in paragraph (1)— source surveys before the date of enactment (i) shall be unlimited, perpetual, and non- (A) the authority provided under this sec- of this Act or for independent third party exclusive in nature; and tion shall terminate; and contractors under subsection (f) shall be (ii) shall run with and benefit the land of (B) any conveyance of the land shall be credited against the amount required to be the grantee. made under Public Law 97–465 (16 U.S.C. 521c paid by Yavapai Ranch under paragraph (1). (C) RIGHTS OF GRANTEE.—The rights of the et seq.). (3) INELIGIBLE REIMBURSEMENTS.—No grantee shall extend to— amount paid by Yavapai Ranch under this (i) any successors-in-interest, assigns, and TITLE II—VERDE RIVER BASIN subsection shall be eligible for reimburse- transferees of Yavapai Ranch; and PARTNERSHIP ment under section 206(f) of the Federal Land (ii) in the case of the Secretary, members SEC. 201. FINDINGS AND PURPOSE. Policy and Management Act of 1976 (43 of the general public, as determined to be ap- (a) FINDINGS.—Congress finds that— U.S.C. 1716(f)). propriate by the Secretary. (1) the majority of the parcels of Federal (e) TIMING.—It is the intent of Congress (4) TIMBER HARVESTING.— land and non-Federal land described in title that the exchange of Federal land and non- (A) IN GENERAL.—After the completion of I are located in the upper and middle por- Federal land directed by this title be com- the exchange of land under this title, except tions of the Verde River Basin, Arizona; pleted not later than 18 months after the as provided in subparagraph (B), timber har- (2) the Verde River is a vital resource date of enactment of this Act. vesting for commodity production shall be that— (f) CONTRACTORS.—If the Secretary lacks prohibited on the Federal land acquired. (A) provides water for community and adequate staff or resources to complete the (B) EXCEPTIONS.—Timber harvesting may other uses within the Verde River Basin and exchange by the date specified in subsection be conducted on the Federal land acquired Phoenix, Arizona; (e), the Secretary or Yavapai Ranch shall under this title if the Secretary determines (B) recharges area groundwater aquifers; contract with independent third party con- that timber harvesting is necessary— and tractors, subject to the mutual agreement of (i) to prevent or control fires, insects, and (C) sustains highly valued riparian habitat; the Secretary and Yavapai Ranch, to carry disease through forest thinning or other for- (3) approximately 40.5 miles of the Lower out any activities necessary to complete the est management techniques; Verde River have been designated as a na- exchange by that date. (ii) to protect or enhance grassland habi- tional wild and scenic river with reserved SEC. 106. STATUS AND MANAGEMENT OF LAND tat, watershed values, native plants, trees, AFTER EXCHANGE. water rights to maintain flows in the River and wildlife species; or necessary for recreational and environ- (a) IN GENERAL.—Non-Federal land ac- (iii) to improve forest health. quired by the United States under this mental purposes; (5) WATER IMPROVEMENTS.—Nothing in this (4) water withdrawals affect available title— title prohibits the Secretary from author- (1) shall become part of the Prescott Na- water supplies and baseflow throughout the izing or constructing new water improve- tional Forest; and Verde River Basin because of the hydrologic ments in accordance with the laws (including (2) shall be administered by the Secretary connection between surface water and regulations) applicable to water improve- in accordance with— groundwater resources within the entire ments on National Forest System land for— (A) this title; Basin; (A) the benefit of domestic livestock or (B) the laws (including regulations) appli- (5) the significant population growth over wildlife management; or cable to the National Forest System; and the past decade in Yavapai County in the (B) the improvement of forest health or (C) other authorized uses of the National Verde River Basin has been accompanied by forest restoration. Forest System. an increase in water use in the County; (d) MAPS.— (b) MANAGEMENT PLAN.— (6) the proposed development of the parcels (1) IN GENERAL.—The Secretary and (1) IN GENERAL.—Acquisition of the non- of Federal land to be acquired under title I Federal land under this title shall not re- Yavapai Ranch may correct any minor er- would further increase demands on limited quire a revision or amendment to the Man- rors in the maps of, legal descriptions of, or water supplies; agement Plan. encumbrances on the Federal land or non- (7) the Department of the Interior report Federal land. (2) AMENDMENT OR REVISION.—If the Man- entitled ‘‘Water 2025: Preventing Crises and agement Plan is amended or revised after the (2) DISCREPANCY.—In the event of any dis- Conflict in the West’’ identified portions of date of acquisition of non-Federal land under crepancy between a map and legal descrip- the Verde River Basin as areas in which ex- this title, the Management Plan shall be tion, the map shall prevail unless the Sec- isting water supplies are not adequate to amended to reflect the acquisition of the retary and Yavapai Ranch agree otherwise. meet increasing water demands; non-Federal land. (3) AVAILABILITY.—All maps referred to in (8) significant declines in groundwater lev- (c) POST-EXCHANGE MANAGEMENT OF CER- this title shall be on file and available for in- els in portions of the Verde Valley have TAIN LAND.— spection in the Office of the Supervisor, caused water supply problems, including (1) IN GENERAL.—On acquisition by the Prescott National Forest, Prescott, Arizona. water quality degradation; United States, the non-Federal land acquired (e) EFFECT.—Nothing in this title pre- (9) it is essential to the interests of the by the United States and any adjoining Na- cludes, prohibits, or otherwise restricts Federal Government, the State of Arizona, tional Forest System land shall be managed Yavapai Ranch from subsequently granting, and local communities in the State to deter- in accordance with— conveying, or otherwise transferring title to mine the long-term availability of water (A) paragraphs (2) through (5); and the Federal land after its acquisition of the supplies in the Verde Valley before the (B) the laws (including regulations) gen- Federal land. transfer and private development of Federal erally applicable to National Forest System SEC. 107. CONVEYANCE OF ADDITIONAL LAND. land in the area; and land. (a) IN GENERAL—The Secretary shall con- (10) the Upper San Pedro Partnership in (2) GRAZING.—Each area located in the vey to an individual or entity that rep- the Sierra Vista subwatershed in the State Yavapai Ranch grazing allotment as of the resents the majority of landowners with en- serves as a model of collaborative, science-

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00172 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8789 based water resource planning and manage- (B) identify any ongoing or completed SEC. 206. MEMORANDUM OF UNDERSTANDING. ment. water resource or riparian studies that are The Secretary (acting through the Chief of (b) PURPOSE.—The purpose of this title is relevant to water resource planning and the Forest Service) and the Secretary of the to authorize assistance for a collaborative management for the Verde River Basin; Interior, shall enter into a memorandum of and science-based water resource planning (C) describe the estimated cost and dura- understanding authorizing the United States and management partnership for the Verde tion of the proposed studies and analyses; Geological Survey to access Forest Service River Basin in the State of Arizona, con- and land (including stream gauges, weather sta- sisting of members that represent— (D) designate as a study priority the com- tions, wells, or other points of data collec- (1) Federal, State, and local agencies; and pilation of a water budget analysis for the tion on the Forest Service land) to carry out (2) economic, environmental, and commu- Verde Valley, including the Camp Verde par- this title. nity water interests in the Verde River cel described in section 103(a)(2)(D). SEC. 207. EFFECT. Basin. (b) VERDE VALLEY WATER BUDGET ANAL- Nothing in this title diminishes or expands SEC. 202. DEFINITIONS. YSIS.— State or local jurisdiction, responsibilities, In this title: (1) IN GENERAL.—Not later than 14 months or rights with respect to water resource (1) DIRECTOR.—The term ‘‘Director’’ means after the date of enactment of this Act, the management or control. the Director of the Arizona Department of Director of the U.S. Geological Survey, in f Water Resources. cooperation with the Director, shall prepare (2) PARTNERSHIP.—The term ‘‘Partnership’’ and submit to the Partnership a report that NOTICES OF HEARINGS/MEETINGS means the Verde River Basin Partnership. provides a water budget analysis of the por- COMMITTEE ON ENERGY AND NATURAL (3) PLAN.—The term ‘‘plan’’ means the plan tion of the Verde River Basin within the RESOURCES for the Verde River Basin required by section Verde Valley. Mr. DOMENICI. Mr. President, I 204(a)(1). (2) COMPONENTS.—The report submitted (4) SECRETARY.—The term ‘‘Secretary’’ under paragraph (1) shall include— would like to announce for the infor- means the Secretary of Agriculture. (A) a summary of the information avail- mation of the Senate and the public (5) STATE.—The term ‘‘State’’ means the able on the hydrologic flow regime for the that an oversight hearing has been State of Arizona. portion of the Middle Verde River from the scheduled before the Committee on En- (6) VERDE RIVER BASIN.—The term ‘‘Verde Clarkdale streamgauging station to the city ergy and Natural Resources. River Basin’’ means the land area designated of Camp Verde at United States Geological The hearing will be held on Thurs- by the Arizona Department of Water Re- Survey Stream Gauge 09506000; day, September 16, 2004, at 10 a.m. in sources as encompassing surface water and (B) with respect to the portion of the Mid- room SD–366 of the Dirksen Senate Of- groundwater resources, including drainage dle Verde River described in subparagraph and recharge areas with a hydrologic connec- fice Building. (A), estimates of— The purpose of the hearing is to re- tion to the Verde River. (i) the inflow and outflow of surface water (7) WATER BUDGET.—The term ‘‘water budg- and groundwater; ceive testimony on the current status et’’ means the accounting of— (ii) annual consumptive water use; and of the Hard Rock Mining Industry in (A) the quantities of water leaving the (iii) changes in groundwater storage; and America. The hearing would provide a Verde River Basin— (C) an analysis of the potential long-term status and trend analysis, a review of (i) as discharge to the Verde River and consequences of various water use scenarios domestic mineral reserves, a summary tributaries; on groundwater levels and Verde River flows. (ii) as subsurface outflow; on exploration investments and cur- (c) PRELIMINARY REPORT AND RECOMMENDA- rent production as well as permitting (iii) as evapotranspiration by riparian TIONS.—. vegetation; and reclamation issues. (1) IN GENERAL.—Not later than 16 months Because of the limited time available (iv) as surface evaporation; and after the date of enactment of this Act, (v) for human consumption; and using the information provided in the report for the hearing, witnesses may testify (B) the quantities of water replenishing the submitted under subsection (b) and any by invitation only. However, those Verde River Basin by precipitation, infiltra- other relevant information, the Partnership wishing to submit written testimony tion, and subsurface inflows. shall submit to the Secretary, the Governor for the hearing record should send two SEC. 203. VERDE RIVER BASIN PARTNERSHIP. of Arizona, and representatives of the Verde copies of their testimony to the Com- (a) IN GENERAL.—The Secretary may assist Valley communities, a preliminary report mittee on Energy and Natural Re- the Director and the Yavapai Water Advi- that sets forth the findings and recommenda- sory Council by participating in the estab- sources, United States Senate, Wash- tions of the Partnership regarding the long- ington, DC 20510–6150. lishment of a Verde River Basin Partnership term available water supply within the to provide science-based and collaborative Verde Valley (including the Camp Verde par- For further information, please con- water resource planning and management cel described in section 103(a)(2)(D)), taking tact Dick Bouts at 202–224–7545 or Amy activities relating to the Verde River Basin. into account the long-term consequences Millet at 202–224–8276. (b) MEMBERSHIP.—It is the intent of Con- analyzed under subsection (b)(2)(C). gress that the Partnership be composed of f NCLUSIONS.—To the maximum extent Federal, State, and local members with re- (2) I practicable, the recommendations submitted AUTHORITY FOR COMMITTEES TO sponsibilities, expertise, and interests per- MEET taining to water resource planning and man- under paragraph (1) shall include, with re- agement. spect to the Camp Verde parcel described in COMMITTEE ON ARMED SERVICES (c) AUTHORIZATION OF APPROPRIATIONS.—On section 103(a)(2)(D)— Mr. ALEXANDER. Mr. President, I establishment of the Partnership, there are (A) proposed development scenarios on the ask unanimous consent that the Com- parcel that are compatible with long-term authorized to be appropriated to the Sec- mittee on Armed Services be author- retary and the Secretary of the Interior such available water supply estimates; and sums as are necessary to carry out the ac- (B) designation of any portions of the par- ized to meet during the session of the tivities of the Partnership for each of fiscal cel that should be retained as open space or Senate on July 22, 2004, at 9:30 a.m., in years 2005 through 2009. otherwise managed for aquifer recharge or open session to receive testimony on SEC. 204. VERDE RIVER BASIN STUDIES. baseflow maintenance. the Department of the Army Inspector (a) STUDIES.— SEC. 205. VERDE RIVER BASIN PARTNERSHIP General Report on Detention Operation (1) IN GENERAL.—The Partnership shall pre- FINAL REPORT. Doctrine and Training. pare a plan for the conduct of water resource Not later than 4 years after the date of en- The PRESIDING OFFICER. Without studies in the Verde River Basin that identi- actment of this Act, the Partnership shall objection, it is so ordered. fies— submit to the Secretary and the Governor of (A) the primary study objectives to fulfill Arizona a final report that— COMMITTEE ON BANKING, HOUSING, AND URBAN water resource planning and management (1) includes a summary of the results of AFFAIRS needs for the Verde River Basin; and any water resource assessments conducted Mr. ALEXANDER. Mr. President, I (B) the water resource studies, hydrologic under this title in the Verde River Basin; ask unanimous consent that the Com- models, surface and groundwater monitoring (2) identifies any areas in the Verde River mittee on Banking, Housing, and networks, and other analytical tools helpful Basin that are determined to have ground- Urban Affairs be authorized to meet in the identification of long-term water sup- water deficits or other current or potential during the session of the Senate on ply management options within the Verde water supply problems; Thursday, July 22, 2004, at 10 a.m., to River Basin. (3) identifies long-term water supply man- conduct an oversight hearing on ‘‘Reg- (2) REQUIREMENTS.—At a minimum, the agement options for communities and water plan shall— resources within the Verde River Basin; and ulation N.M.S. and Developments in (A) include a list of specific studies and (4) identifies water resource analyses and Market Structure.’’ analyses that are needed to support Partner- monitoring needed to support the implemen- The PRESIDING OFFICER. Without ship planning and management decisions; tation of management options. objection, it is so ordered.

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00173 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8790 CONGRESSIONAL RECORD — SENATE July 22, 2004 COMMITTEE ON FINANCE right arbitration royalty panels with The PRESIDING OFFICER. Without Mr. ALEXANDER. Mr. President, I Copyright Royalty Judges Act of 2003, objection, it is so ordered. ask unanimous consent that the Com- Smith–TX, Berman–CA, Conyers–MI. SUBCOMMITTEE ON SCIENCE, TECHNOLOGY, AND mittee on Finance be authorized to The PRESIDING OFFICER. Without SPACE meet during the session on Thursday, objection, it is so ordered. Mr. ALEXANDER. Mr. President, I July 22, 2004, at 10 a.m., to hear testi- COMMITTEE ON THE JUDICIARY ask unanimous consent that Sub- mony on The Role of Higher Education Mr. ALEXANDER. Mr. President, I committee on Science, Technology, Financing in Strengthening U.S. Com- ask unanimous consent that the Com- and Space be authorized to meet on petitiveness in a Global Economy. mittee on the Judiciary be authorized Thursday, July 22, 2004, at 2:30 p.m. on The PRESIDING OFFICER. Without to meet to conduct a hearing on Thurs- the subject of Saturn. objection, it is so ordered. day, July 22, 2004, at 2 p.m. on ‘‘Pro- The PRESIDING OFFICER. Without COMMITTEE ON FOREIGN RELATIONS tecting Innovation and Art while Pre- objection, it is so ordered. venting Piracy’’ in the Dirksen Senate Mr. ALEXANDER. Mr. President, I f ask unanimous consent that the Com- Office Building room 226. PRIVILEGE OF THE FLOOR mittee on Foreign Relations be author- Witness List ized to meet during the session of the Mr. INOUYE. Mr. President, I ask Panel I: The Honorable Marybeth Senate on Thursday, July 22, 2004, at unanimous consent that privilege of Peters, Register of Copyrights, United 9:30 a.m. to hold a hearing on Iraq the floor be granted to Ellen Forster States Copyright Office. Post-Transition. Panel II: Mr. Gary Shapiro, President during consideration of this legisla- The PRESIDING OFFICER. Without and Chief Executive Officer, Consumer tion. objection, it is so ordered. Electronics Association; Mr. Robert The PRESIDING OFFICER. Without COMMITTEE ON GOVERNMENTAL AFFIARS Holleyman, President and Chief Execu- objection, it is so ordered. Mr. ALEXANDER. Mr. President, I tive Officer, Business Software Alli- f ask unanimous consent that the Com- ance; Mr. Andrew Greenberg, Vice- HIGHWAY ACT EXTENSION mittee on Governmental Affairs be au- Chairman, Intellectual Property Com- thorized to meet on Thursday, July 22, mittee, IEEE–USA; Mr. Kevin Mr. FRIST. I ask unanimous consent 2004, at 3:30 p.m., to consider the nomi- McGuiness, Executive Director and that the Senate proceed to consider- nation of Allen Weinstein to be Archi- General Counsel, NetCoalition; and Mr. ation of H.R. 4916, which is at the desk. vist of the United States, National Ar- Mitch Bainwol, Chairman and Chief The PRESIDING OFFICER. The chives and Records Administration. Executive Officer, Recording Industry clerk will report the bill by title. COMMITTEE ON HEALTH, EDUCATION, LABOR, Association of America. The assistant legislative clerk read AND PENSIONS The PRESIDING OFFICER. Without as follows: Mr. ALEXANDER. Mr. President, I objection, it is so ordered. A bill (H.R. 4916) providing extension of ask unanimous consent that the Com- JOINT ECONOMIC COMMITTEE highway, highway safety, transit, and other mittee on Health, Education, Labor, Mr. ALEXANDER. Mr. President, I programs funded out of the Highway Trust and Pensions be authorized to meet for ask unanimous consent that the Joint Fund. a hearing entitled ‘‘Terror Attacks: Economic Committee be authorized to There being no objection, the Senate Are We Prepared?’’ during the session conduct a hearing in room 628 of the proceeded to consider the bill. of the Senate on Thursday, July 22, Dirksen Senate Office Building, Thurs- f 2004, at 10 a.m. in SD–430. day, July 22, 2004, from 10 a.m. to 12:30 The PRESIDING OFFICER. Without p.m. SURFACE TRANSPORTATION objection, it is so ordered. The PRESIDING OFFICER. Without Mr. WARNER. Mr. President, I re- COMMITTEE ON THE JUDICIARY objection, it is so ordered. spectfully request if the chairman of Mr. ALEXANDER. Mr. President, I PERMANENT SUBCOMMITTEE ON INVESTIGATIONS the Committee on Environment and ask unanimous consent that the Com- Mr. ALEXANDER. Mr. President, I Public Works, Senator INHOFE, would mittee on the Judiciary be authorized ask unanimous consent that the Per- engage in a colloquy with me on the to meet to continue its markup on manent Subcommittee on Investiga- impact of the several Surface Trans- Thursday, July 22, 2004, at 10:30 a.m. in tions of the Committee on Govern- portation extension bills on the so- Dirksen Senate Office Building room mental Affairs be authorized to meet called ‘‘donor’’ States. As the chairman 226. on Thursday, July 22, 2004, at 9 a.m., is well aware, TEA–21 contains a funda- for a hearing entitled ‘‘Buyer Beware: mental principle of fairness for donor Agenda The Danger of Purchasing Pharma- States which guarantees that no State I. Nominations: Claude A. Allen, to ceuticals Over the Internet.’’ will receive less than a 90.5 percent be U.S. Circuit Judge for the Fourth The PRESIDING OFFICER. Without rate of return of their gas tax contribu- Circuit; David E. Nahmias, of Georgia, objection, it is so ordered. tions to the Highway trust fund. In the to be United States Attorney for the SELECT COMMITTEE ON INTELLIGENCE preceding extension bills for fiscal year Northern District of Georgia; Ricardo Mr. ALEXANDER. Mr. President, I 2004, this matter was not addressed be- H. Hinojosa, to be Chair of the United ask unanimous consent that the Select cause it was expected that a full sur- States Sentencing Commission; Mi- Committee on Intelligence be author- face transportation reauthorization chael O’Neill, to be a Member of the ized to meet during the session of the bill would be enacted this year. I know United States Sentencing Commission; Senate on July 22, 2004, at 2:30 p.m., to my chairman has worked tirelessly to Ruben Castillo, to be a Member of the hold a hearing on intelligence matters. pass a new transportation bill, but re- United States Sentencing Commission; The PRESIDING OFFICER. Without grettably we have not completed our and William Sanchez, to be Special objection, it is so ordered. work. Counsel for Immigration-Related Un- SUBCOMMITTEE ON NATIONAL PARKS As we face the end of the fiscal year, fair Employment Practice. Mr. ALEXANDER. Mr. President, I the multiple highway extension bills II. Legislation: S. 1635, L–1 Visa ask unanimous consent that the Sub- have not followed the TEA–21 Min- (Intracompany Transferee) Reform Act committee on National Parks of the imum Guarantee program and the re- of 2003, Chambliss; S. 1700, Advancing Committee on Energy and Natural Re- sult is that, to date, many States will Justice through DNA Technology Act sources be authorized to meet during not receive the 90.5 percent guarantee of 2003, Hatch, Biden, Specter, Leahy, the session of the Senate on Thursday, in fiscal year 2004. I am particularly DeWine, Feinstein, Kennedy, Schumer, July 22, at 2:30 p.m. concerned because again this tem- Durbin, Kohl, Edwards; S. 2396, Federal The purpose of the hearing is to con- porary extension bill does not follow Courts Improvement Act of 2004, duct oversight on the implementation the TEA–21 formula. Hatch, Leahy, Chambliss, Durbin, of the National Parks Air Tour Man- I appreciate the chairman’s diligence Schumer; and H.R. 1417, to amend title agement Act of 2000, Public Law 106– on this matter and I am aware that 17, United States Code, to replace copy- 181. some funding remains in fiscal year

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00174 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8791 2004 which may be used to correct this EXECUTIVE SESSION ate and appeared in the Congressional problem. I would like to ask the chair- Record of July 8, 2004. man if my understanding of this situa- NATIONAL OCEANIC AND ATMOSPHERIC tion is correct, and would be grateful EXECUTIVE CALENDAR ADMINISTRATION for the chairman’s view of this matter. Mr. FRIST. Mr. President, I ask PH1646 NATIONAL OCEANIC AND AT- Mr. INHOFE. The Senator from Vir- unanimous consent that the Senate im- MOSPHERIC ADMINISTRATION nomina- mediately proceed to executive session tions (163) beginning Michael S. Abbott, and ginia is correct that the several trans- ending David J. Zezula, which nominations portation extension bills enacted this to consider the following nominations were received by the Senate and appeared in year require that the next legislation on today’s Executive Calendar: 695, 796, the Congressional Record of May 18, 2004. we enact must address the ‘‘donor’’ 803, 804, 810, 811, and 812, and all nomi- DEPARTMENT OF STATE State issue for fiscal year 2004. I re- nations on the Secretary’s desk. I fur- John Ripin Miller, of Washington, to be Di- main committed to guaranteeing that ther ask consent that the nomination rector of the Office to Monitor and Combat all States receive a minimum of 90.5 of John Miller, PN 1763, be discharged Trafficking, with the rank of Ambassador at percent rate of return for their trust from the Foreign Relations Com- Large. fund contributions in fiscal year 2004. mittee, and the Senate proceed to its f As some funding remains in the fiscal consideration. I further ask unanimous UNANIMOUS AGREEMENT— year, I am committed to maintaining consent that the nominations be con- EXECUTIVE CALENDAR the Minimum Guarantee program for firmed en bloc, the motion to recon- this year so that no State receives less sider be laid upon the table, the Presi- Mr. FRIST. As in executive session, I than a 90.5 percent return on their dent be immediately notified of the ask unanimous consent that during the trust fund contributions. Senate’s action, and the Senate then upcoming adjournment of the Senate, Mr. FRIST. I ask unanimous consent return to legislative session. all nominations remain status quo the bill be read a third time and The PRESIDING OFFICER. Without with the exception of Deborah P. passed, the motion to reconsider be objection, it is so ordered. Majoras to be a Federal Trade Commis- laid upon the table, and any state- The nominations considered and con- sioner, (PN 1613) and Jon D. Leibowitz, ments be printed in the RECORD. firmed en bloc are as follows: (PN 1496). The PRESIDING OFFICER. Without Mr. REID. Mr. President, I will speak NOMINATIONS objection, it is so ordered. very briefly. People watching some- THE JUDICIARY Mr. FRIST. I thank everyone for times wonder what is going on in the John O. Colvin, of Virginia, to be a Judge their cooperation in getting these quorum call. This is hours’ worth of of the United States Tax Court for a term of agreements for the judges, as well as quorum call right here. It took only 20 fifteen years. (Reappointment) confirming some important timely seconds to read it. It is one reason we DEPARTMENT OF THE TREASURY nominations, such as the Assistant have the quorum calls. Charles L. Kolbe, of Iowa, to be a Member of the Internal Revenue Service Oversight Secretary of Homeland Security, Mr. No objection. Stone. There are a number of other Mr. FRIST. Many hours, many hours. Board for the remainder of the term expiring September 14, 2004. nominations that remain on the cal- The PRESIDING OFFICER. Without CENTRAL INTELLIGENCE endar, including a number of diplo- objection, it is so ordered. matic positions which include the Am- The bill (H.R. 4916) was read the third Larry C. Kindsvater, of Virginia, to be Deputy Director of Central Intelligence for bassador to Qatar, the Ambassador to time and passed. Community Management. Estonia, several representatives to the DEPARTMENT OF HOMELAND SECURITY United Nations. I was prepared to ask f David M. Stone, of Virginia, to be an As- consent for these, although I will with- sistant Secretary of Homeland Security. hold that request, but I would ask my UNANIMOUS CONSENT AGREE- IN THE COAST GUARD colleagues on the other side to look at MENT—EXECUTIVE CALENDAR The following named officers for appoint- these nominations and see if there is a way to allow us to proceed to these am- Mr. FRIST. As in executive session, I ment in the United States Coast Guard to bassadorships. I will not belabor the ask unanimous consent that at 5 p.m. the grade indicated under title 14, U.S.C., section 271: point this evening, but there are so on Tuesday, September 7, the Senate many additional nominations we have proceed to executive session for the To be rear admiral that are pending and that we should consideration en bloc of Calendar Nos. Read Adm. (lh) Dale G. Gabel, 0000 have acted upon. I hope they will give 791 and 792; provided further that the Rear Adm. (lh) Jeffrey M. Garrett, 0000 Rear Adm. (lh) Stephen W. Rochon, 0000 those every consideration. time until 5:30 be equally divided be- Today, more have been reported out, tween the chairman and the ranking NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION several Commerce Department nomi- member or their designees. Captain Samuel P. De Bow, Jr., NOAA for nations, Albert Frink, Brett Palmer, I further ask consent at 5:30 the Sen- appointment to the grade of Rear Admiral Benjamin Wu. These will be added to ate proceed to a vote on the confirma- (O–8), while serving in a position of impor- the growing list of nominations now tion of No. 791, the nomination of Vir- tance and responsibility as Director, NOAA available. These people deserve action ginia Maria Hernandez Covington, to Corps and Director, Office of Marine and from the Senate. be followed immediately by a vote on Aviation Operations, National Oceanic and Mr. REID. Mr. President, I briefly Atmospheric Administration, under the pro- the confirmation of No. 792, the nomi- say it should be noted in the Executive nation of Michael Schneider, Sr. visions of Title 33, United States Code, Sec- tion 3028(d)(1). Calendar we just approved there is not I further ask immediately following Captain Richard R. Behn, NOAA for ap- a single member of the minority in the vote, the President immediately be pointment to the grade of Rear Admiral (O– this. We have tried to show our good notified of the Senate’s action and pro- 7), while serving in a position of importance faith. We have received the assurance ceed to Calendar No. 787, the nomina- and responsibility as Director, Marine and of the majority leader and others in tion of Michael Watson. Aviation Operations Centers, National Oce- the administration that we will work Mr. REID. No objection. anic and Atmospheric Administration, under to release some of the people we want The PRESIDING OFFICER. Without the provisions of Title 33, United States Code, Section 3028(d)(1). through, people nominated by Senator objection, it is so ordered. DASCHLE. We are going to work to try NOMINATIONS PLACED ON THE SECRETARY’S Mr. FRIST. Mr. President, in con- to do a good job as soon as we get back. DESK sultation with the Democratic leader, I want the record also to reflect that IN THE COAST GUARD what we did with that unanimous con- Admiral Stone was approved tonight, sent would allow two judges to be PN1557 COAST GUARD nomination of with the Transportation Security Craig S. Toomey, which was received by the voted on at 5:30, with the expectation Senate and appeared in the Congressional Agency. That simply would not have that the third, which is Mr. Michael Record of April 29, 2004. happened but for the good work of Sen- Watson, be confirmed by voice vote PN1791 COAST GUARD nomination of Lau- ator ENSIGN who worked very hard on after that. rie J. Mosier, which was received by the Sen- that, working to get this man’s name

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00175 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8792 CONGRESSIONAL RECORD — SENATE July 22, 2004 cleared. But for him, that would not Sudan and the ‘‘janjaweed’’ militias tion declaring the situation in Darfur have been done tonight. under its control. Earlier this week, to be genocide. Why is this so? To f Human Rights Watch reported how Su- begin with, it is undisputed that the danese government documents them- murders, rapes, abductions of children, MEASURES PLACED ON THE selves prove Khartoum’s complicity. displacements and denial of humani- CALENDAR—S. 2704 AND S. 2714 Those documents describe, in plain tarian assistance have been directed at Mr. FRIST. I understand there are terms, the government’s military sup- particular ethnic groups, specifically two bills at the desk which are due for port for the militias—its, quote ‘‘loy- the ethnically African groups—the Fur, a second reading. alist tribes’’—and its policy of toler- Zagahwa, and Massalit. Both the U.S. The PRESIDING OFFICER. The ating the abuse of civilians by the mili- and the U.N. have stated that ‘‘ethnic clerk will read the bills for a second tias. cleansing’’ is occurring. The U.S. Am- time. What has been the result? Janjaweed bassador for War Crimes, Pierre-Rich- The legislative clerk read as follows: militias, along with Sudanese forces, ard Prosper, has said that there are A bill (S. 2704) to amend title XIX and XXI have engaged in systematic attacks ‘‘indicators of genocide.’’ of the Social Security Act to provide States against civilians in Darfur. As recently What does the Genocide Convention with the option to cover certain legal immi- confirmed by U.S. Government sat- of 1948 state? It defines genocide as grants under the Medicaid and State chil- ellite photographs, villages have been killing, causing serious bodily harm, dren’s health insurance programs. burnt to the ground. Livestock and and deliberately inflicting conditions A bill (S. 2714) to amend part D of title food stock have been destroyed, and of life calculated to bring about its XVIII of the Social Security Act, as added by water sources poisoned. Humanitarian physical destruction—all of which have the Medicare Prescription Drug, Improve- ment, and Modernization Act of 2003, to pro- assistance has been denied. Militias occurred in Darfur—committed with vide for negotiation of fair prices for Medi- have murdered civilians and abducted intent to destroy, in whole or in part, care prescription drugs. children. a national ethnical, racial or religious Just this week, on Monday, Amnesty Mr. FRIST. I object to further pro- group. The Convention does not require International issued a report describ- ceedings on the measures en bloc at that a certain number have died before ing how rape has been used as a weapon this time. it is genocide, only that the acts are The PRESIDING OFFICER. The bills of war in Darfur. Amnesty described occurring. how women and girls as young as 8 This declaration is important be- will be placed on the calendar. have been raped and abducted, often cause of our obligation—and that of f with the involvement or acquiescence the world—to stop genocide before it is DECLARING GENOCIDE IN DARFUR, of Sudanese authorities. Janjaweed mi- too late. After all, the full name of the SUDAN litia have raped women in public, in Genocide Convention is the ‘‘Conven- Mr. FRIST. Mr. President, I ask front of their families, with the intent tion on the Prevention and Punish- ment of the Crime of Genocide.’’ Arti- unanimous consent that the Senate of adding humiliation to the violence. cle I of the Convention states that the proceed to the immediate consider- Amnesty reports gang rapes, rapes of contracting parties ‘‘undertake to pre- ation of S. Con. Res. 133, which was pregnant women, and torture and vent and punish’’ genocide. The United submitted earlier today. killings in the context of sexual vio- States and every other permanent The PRESIDING OFFICER. The lence. Darfurian women, who are often member of the U.N. Security Council is clerk will report the concurrent resolu- reluctant to talk about these experi- ences, nonetheless described how they a party to the Genocide Convention. tion by title. The Genocide Convention arose out The legislative clerk read as follows: were abducted and held captive during the day, when militia members were of the horror of the Holocaust, in a mo- A concurrent resolution (S. Con. Res. 133) ment of history in which the world declaring genocide in Darfur, Sudan. looting villages, so that they could be raped at night. Amnesty reported how vowed never again to permit this evil. There being no objection, the Senate rapes have occurred during attacks on But the world has spoken much more proceeded to consider the concurrent villages, during the flight of civilians, recently. In late January 2004, 55 gov- resolution. and in the camps, all with total impu- ernments participated in the Stock- Mr. CORZINE. Mr. President, today nity. Not a single member of the holm International Forum, ‘‘Pre- the Senate is taking historic action, janjaweed or the Sudanese armed venting Genocide; Threats and Respon- stating clearly that the atrocities oc- forces have been charged with commit- sibilities.’’ Those governments, which curring in Darfur are genocide, remind- ting rape or abducting civilians. included the U.S., the U.K., France and ing the world of its obligations under In addition to stopping this violence, Russia, declared, quote: the Genocide Convention, and calling we must act now to prevent death from The Holocaust . . . challenged the founda- on the administration to lead an inter- starvation and disease. Hundreds of tions of human civilization . . . We are com- national effort to stop the genocide. thousands of civilians are currently mitted to shouldering our responsibility to This resolution, which I introduced protect groups identified as potential vic- crowded into camps, where conditions tims of genocide, mass murder or ethnic with my colleague, SAM BROWNBACK, are simply stated, horrendous. Human- has broad, bipartisan support, and its cleansing, drawing upon the range of tools at itarian organizations now estimate our disposal to prevent such atrocities in ac- unanimous approval by the U.S. Senate that nearly half of the internationally cordance with international law and fully sends a powerful message—that this displaced civilians in Darfur have inad- upholding the Convention on the Prevention body will not remain silent as genocide equate food and shelter, that 61 percent and Punishment of the Crime of Genocide. occurs. lack sufficient water, and that 87 per- This was this January. What do these The situation remains, as U.N. offi- cent lack adequate sanitation. Many of words mean without action? More cials have called it, ‘‘the world’s worst the camps are off limits to inter- words, mere condemnations are not humanitarian catastrophe.’’ At least national relief workers, and much of sufficient. Nor is humanitarian assist- 30,000 have been killed. Mr. President, the countryside is inaccessible as well. ance possible without real interven- 1.2 million have been violently dis- The rains are adding to the obstacles tion. The lack of food, water and sani- placed from their villages, of whom presented to the humanitarian organi- tation have reached critical levels. But 200,000 have fled to Chad. The potential zations. So, too, is the lack of security the problem is caused, and com- death toll is horrifying. Andrew created by the militias and Sudanese pounded, by the lack of security. As Natsios, Administrator of the U.S. forces. The result may be a complete Jan Egelan said last week, quote ‘‘The Agency for International Development, break in the food pipeline, and the number one problem now is lack of se- has predicted that 300,000 will die this deaths of hundreds of thousands. As curity. Our trucks are looted, our hu- year, even in an ‘‘optimistic’’ scenario U.N. Under Secretary General for Hu- manitarian workers are threatened and in which humanitarian assistance is manitarian Affairs Jan Egelan said last attacked.’’ provided, and that up to one million week, ‘‘We are now in this moment of We must find ways to stop this catas- are at risk. truth, which will last for some weeks.’’ trophe. This resolution calls on the This disaster is the result of the de- Along with my colleague, Senator President to lead an international ef- liberate policies of the Government of BROWNBACK, I have introduced a resolu- fort to stop this genocide. In my view,

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00176 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8793 to be effective, we must take whatever (1) declares that the atrocities unfolding in Community Center in Buenos Aires, Argen- actions are necessary, including armed Darfur, Sudan, are genocide; tina, in July 1994, and expressing the concern intervention, to save the hundreds of (2) reminds the Contracting Parties to the of the United States regarding the con- thousands of lives that are at stake. I Convention on the Prevention and Punish- tinuing, decade-long delay in the resolution of this case. have called for a U.N.-authorized mul- ment of the Crime of Genocide (signed at Paris on December 9, 1948), particularly the tinational force, as well as the provi- There being no objection, the Senate Government of Sudan, of their legal obliga- proceeded to consider the concurrent sion of assistance to the African tions under the Convention; Union’s critically important, but thus resolution. (3) declares that the Government of Sudan, Mr. FRIST. Mr. President, I ask far, inadequate mission. as a Contracting Party, has violated the unanimous consent that the concur- In the end, the only thing that will Convention on the Prevention and Punish- matter is whether we have saved these ment of the Crime of Genocide; rent resolution be agreed to, the pre- lives, whether we have done whatever (4) deplores the failure of the United Na- amble be agreed to, the motion to re- it takes to stop this genocide. This res- tions Human Rights Commission to take ap- consider be laid upon the table, all olution is a powerful statement. But it propriate action with respect to the crisis in with no intervening action or debate, must also serve as an impetus to the Darfur, Sudan, particularly the failure by and that any statements relating to the Commission to support United States– ECORD. administration and to the rest of the this matter be printed in the R sponsored efforts to strongly condemn gross The PRESIDING OFFICER. Without world to act. Morally and legally, we human rights violations committed in objection, it is so ordered. have no other option. Darfur, and calls upon the United Nations The concurrent resolution (S. Con. Mr. FRIST. Mr. President, I ask and the United Nations Secretary General to Res. 126) was agreed to. unanimous consent that the resolution assert leadership by calling the atrocities The preamble was agreed to. be agreed to, the preamble be agreed being committed in Darfur by their rightful The concurrent resolution, with its to, the motion to reconsider be laid name: ‘‘genocide’’; preamble, reads as follows: (5) calls on the member states of the upon the table, and that any state- S. CON. RES. 126 ments relating to this matter be print- United Nations, particularly member states from the African Union, the Arab League, Whereas on July 18, 1994, 85 innocent peo- ed in the RECORD. and the Organization of the Islamic Con- ple were killed and 300 were wounded when The PRESIDING OFFICER. Without ference, to undertake measures to prevent the Argentine Jewish Mutual Association objection, it is so ordered. the genocide in Darfur, Sudan, from esca- (referred to in this resolution as the The concurrent resolution (S. Con. lating further, including the imposition of ‘‘AMIA’’) was bombed in Buenos Aires, Ar- Res. 133) was agreed to. targeted means against those responsible for gentina; The preamble was agreed to. the atrocities; Whereas that attack showed the same cow- The resolution, with its preamble, (6) commends the Administration’s leader- ardice and utter disregard for human life as reads as follows: ship in seeking a peaceful resolution to the the attacks on the United States on Sep- S. CON. RES. 133 conflict in Darfur, Sudan, and in addressing tember 11, 2001; Whereas the United States welcomes Ar- Whereas Article 1 of the Convention on the the ensuing humanitarian crisis, including the visit of Secretary of State Colin Powell gentine President Nestor Kirchner’s political Prevention and Punishment of the Crime of will to pursue the investigation of the AMIA Genocide (signed at Paris on December 9, to Darfur in June 2004 to engage directly in efforts to end the genocide, and the provision bombing, as demonstrated by his Executive 1948) states that ‘‘the Contracting Parties order opening the archives of Argentina’s confirm that genocide, whether committed of nearly $140,000,000 to date in bilateral hu- manitarian assistance through the United Secretariat for State Intelligence (referred in time of peace or in time of war, is a crime to in this resolution as ‘‘SIDE’’) and by his under international law which they under- States Agency for International Develop- ment; decisions to raise the AMIA cause to na- take to prevent and to punish’’; tional status, and to emphasize that there is Whereas Article 2 of the Convention on the (7) commends the President for appointing former Senator John Danforth as Envoy for no statute of limitations for those respon- Prevention and Punishment of the Crime of sible for this attack; Genocide declares that ‘‘in the present Con- Peace in Sudan on September 6, 2001, and further commends the appointment of Sen- Whereas it is reported that considerable vention, genocide means any of the following evidence links the attack to the terrorist acts committed with the intent to destroy, ator Danforth as United States Ambassador to the United Nations; group Hizballah, which is based in Lebanon, in whole or in part, a national, ethnical, ra- supported by the Government of the Syrian cial or religious group, as such: (a) killing (8) calls on the Administration to continue to lead an international effort to stop geno- Arab Republic, and sponsored by the Govern- members of the group; (b) causing serious ment of the Islamic Republic of Iran; cide in Darfur, Sudan; bodily or mental harm to members of the Whereas the decade since the bombing has (9) calls on the Administration to impose group; (c) deliberately inflicting on the been marked by efforts to minimize the targeted means, including visa bans and the group conditions of life calculated to bring international connection to this terrorist at- freezing of assets, against officials and other about its physical destruction in whole or in tack; individuals of the Government of Sudan, as part; (d) imposing measures intended to pre- Whereas in March 2003, an Argentine judge well as Janjaweed militia commanders, who vent births within the group; and (e) forcibly issued arrest warrants for 4 officials of the are responsible for war crimes and crimes transferring children of the group to another Government of the Islamic Republic of Iran against humanity in Darfur, Sudan; and group’’; who are believed to have been involved in (10) calls on the United States Agency for Whereas Article 3 of the Convention on the planning or carrying out the attack against Prevention and Punishment of the Crime of International Development to establish a AMIA and requested that the International Genocide affirms that ‘‘[the] following acts Darfur Resettlement, Rehabilitation, and Criminal Police Organization apprehend shall be punishable: (a) genocide; (b) con- Reconstruction Fund so that those individ- them; spiracy to commit genocide; (c) direct and uals driven off their land may return and Whereas the 4 indicted Iranians are Ali public incitement to commit genocide; (d) begin to rebuild their communities. Fallahian, a former minister of security and attempt to committed genocide; and (e) f intelligence; Mohsen Rabbani, a former cul- complicit in genocide’’; CONDEMNING THE ATTACK ON tural attache at the Iranian Embassy in Bue- Whereas in Darfur, Sudan, an estimated nos Aires; Ali Balesh-Abadi, an Iranian dip- 30,000 innocent civilians have been brutally THE AMIA JEWISH COMMUNITY lomat; and Ali Akbar Parvaresh, a former murdered, more than 130,000 people have CENTER IN BUENOS AIRES, AR- minister of education; been forced from their homes and have fled GENTINA, IN JULY 1994 Whereas Hadi Soleimanpour, Iran’s Ambas- to neighboring Chad, and more than 1,000,000 Mr. FRIST. Mr. President, I ask sador to Argentina in the 1990s, also has an international arrest warrant pending against people have been internally displaced; and unanimous consent that the Foreign Whereas in March 2004 the United Nations him by Argentine authorities for his sus- Resident Humanitarian Coordinator stated: Relations Committee be discharged pected primary role in the AMIA bombing; ‘‘[T]he war in Darfur started off in a small from further consideration of S. Con. Whereas it is reported that suicide bomber way last year but it has progressively gotten Res. 126 and that the Senate proceed to Ibrahim Hussein Berro, a Lebanese citizen, worse. A predominant feature of this is that its immediate consideration. carried out the attack on AMIA; the brunt is being borne by civilians. This in- The PRESIDING OFFICER. Without Whereas it has been reported that contact cludes vulnerable women and children . . . objection, it is so ordered. The clerk was made by the Iranian embassy in Buenos The violence in Darfur appears to be particu- will report the concurrent resolution Aires to Ibrahim Hussein Berro, who lived in a mosque in Canuelas, Argentina, in the days larly directed at a specific group based on by title. their ethnic identity and appears to be before the AMIA bombing; systemized.’’: Now, therefore, be it The legislative clerk read as follows: Whereas Argentine officials have acknowl- Resolved by the Senate (the House of Rep- A concurrent resolution (S. Con. Res. 126) edged that there was negligence in the ini- resentatives concurring), That Congress— condemning the attack on the AMIA Jewish tial phases of the investigation into the 1994

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00177 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8794 CONGRESSIONAL RECORD — SENATE July 22, 2004 bombing, including the destruction or dis- (4) strongly urges the Government of Ar- tion process for the presidential elec- appearance of material evidence; gentina to continue to dedicate and provide tions scheduled to be held in late Octo- Whereas the first major criminal trial re- the resources necessary for its judicial sys- ber. This resolution, by encouraging garding the bombing did not begin until Sep- tem and intelligence agencies to investigate fair, open and transparent elections, is tember 2001, and those who are currently on all areas of the AMIA case, including by im- trial are former policemen and civilians who plementing Argentine President Nestor a concrete expression of the commit- are accused of playing roles only in the pro- Kirchner’s Executive order mandating the ment of the U.S. Congress to the curement and delivery of the vehicle that opening of the archives of the SIDE of Ar- Ukrainian people. was used in the bombing; gentina, and to prosecute with due haste The resolution underscores that an Whereas the judge who had presided since those who are responsible for the bombing; election process and the establishment 2001 over the investigation and trial related (5) calls upon the international community of a genuinely democratic political sys- to the AMIA bombing was removed in De- to cooperate fully with the investigation, in- tem consistent with Ukraine’s freely cember 2003 due to charges that he bribed a cluding by making information, witnesses, undertaken OSCE commitments is a key witness in the AMIA case; and suspects available for review and ques- prerequisite for Ukraine’s full integra- Whereas the new trial judge, Rodolfo tioning by the appropriate Argentine au- tion into the Western community of Canicoba Corral, deals with many other im- thorities; portant cases and has few supporting staff; (6) encourages the President to direct nations as an equal member, including Whereas on March 17, 1992, terrorists United States law enforcement agencies to into NATO. The October elections will bombed the Embassy of Israel in Buenos provide support and cooperation, if re- be vital in determining Ukraine’s Aires, Argentina, killing 29 people and injur- quested, to the Government of Argentina, for course for years to come. They present ing more than 200, and the perpetrators of the purposes of deepening and expanding the the Ukrainian authorities with a real the attack also remain at large; investigation into this bombing and sus- opportunity to demonstrate their com- Whereas an inability to extradite sus- pected activities in support of terrorism in mitment to OSCE principles and val- pected Islamic militants and Iranian offi- the tri-border area where the borders of Ar- ues. cials has debilitated the efforts of the Gov- gentina, Paraguay, and Brazil meet; ernment of Argentina to prosecute master- (7) encourages the President to direct the As cochairman of the Helsinki Com- minds and planners of the 1994 AMIA bomb- United States Representative to the OAS mission, I would point out that Ukrain- ing; to— ian President Leonid Kuchma recently Whereas evidence indicates that the tri- (A) seek support from OAS member coun- cosigned a Declaration with Russia and border area where the borders of Argentina, tries for the creation of a special task force leaders of several other independent Paraguay, and Brazil meet is suspected of of the CICTE to assist, as requested by the former Soviet states criticizing the harboring organizations that support ter- Government of Argentina, in the investiga- OSCE for focusing too much attention rorism and engage in drug and arms smug- tion of all aspects of the 1994 AMIA terrorist on human rights and democratization. gling and an assorted array of other illicit, attack; and revenue-raising activities; (B) urge OAS member countries to des- While disappointing, this diatribe is Whereas the Government of Argentina sup- ignate Hizballah as a terrorist organization not surprising given the fact that ports the 1996 Declaration of Lima to Pre- if they have not already done so; under President Kuchma’s leadership, vent, Combat and Eliminate Terrorism, (8) stresses the need for international pres- Ukraine’s record in such as media free- which refers to terrorism as a ‘‘serious form sure on the Government of the Islamic Re- doms, elections, the rule of law and of organized and systematic violence that is public of Iran and the Government of the corruption has moved in the wrong di- intended to generate chaos and fear among Syrian Arab Republic to extradite for trial rection. It is up to the OSCE states, in- the population, results in death and destruc- individuals and government officials who are cluding Ukraine, to implement their tion, and is a reprehensible criminal activ- accused of planning or perpetrating the ity’’; AMIA attack, and to immediately, uncondi- freely undertaken OSCE commitments Whereas the Government of Argentina sup- tionally, and permanently cease any and all and to take corrective measures if nec- ports the 1998 Commitment of Mar del Plata, assistance to terrorists; and essary—something I hope the Ukrain- which calls terrorist acts ‘‘serious common (9) desires a lasting, warm relationship be- ian authorities will be mindful of in crimes that erode peaceful and civilized co- tween the United States and Argentina that the run-up to the elections. existence, affect the rule of law and the exer- is built, in part, on mutual abhorrence of Ukraine’s pre-election environment cise of democracy, and endanger the sta- terrorism and commitments to peace, sta- has already been decidedly problematic bility of democratically elected constitu- bility, and democracy in the Western Hemi- and of great concern to the United tional governments and their socioeconomic sphere. States and the international commu- development of our countries’’; f Whereas the Government of Argentina ac- nity. The pending resolution, S. Con. tively supports the development of the Three URGING THE GOVERNMENT OF Res. 106, focuses squarely on key prob- Plus One Counterterrorism Dialogue with UKRAINE TO ENSURE A DEMO- lem areas, including increasing control Brazil, Paraguay, and the United States; CRATIC, TRANSPARENT, AND and manipulation of the media and at- Whereas the Government of Argentina was FAIR ELECTION PROCESS FOR tempts by national authorities to limit successful in enacting a law on cooperation THE PRESIDENTIAL ELECTION access to international broadcasting, from defendants in terrorist matters, a law ON OCTOBER 31, 2004 including Radio Liberty. Among other that will be helpful in pursuing full prosecu- concerns are the serious obstacles to tion in the 1994 AMIA bombing and other ter- Mr. FRIST. Mr. President, I ask rorist cases; and unanimous consent that the Foreign free assembly and a free and fair polit- Whereas the Second Specialized Conference Relations Committee be discharged ical campaign as well as substantial on Terrorism held in Mar del Plata, Argen- from further consideration of S. Con. irregularities in several recent elec- tina on November 23 and November 24, 1998, Res. 106 and that the Senate proceed to tions, most notably, the mayoral elec- concluded with the adoption of the Commit- its immediate consideration. tion held in April in the western ment of Mar del Plata, calling for the estab- Ukrainian city of Mukacheve. This lishment within the Organization of Amer- The PRESIDING OFFICER. Without objection, it is so ordered. The clerk election was marred by intimidation, ican States (referred to in this resolution as violence, fraud and manipulation of the ‘‘OAS’’) of an Inter-American Committee will report the concurrent resolution Against Terrorism (referred to in this resolu- by title. vote count, electoral disruptions and tion as ‘‘CICTE’’): Now, therefore, be it The legislative clerk read as follows: irregularities. According to the most recent report Resolved by the Senate (the House of Rep- A concurrent resolution (S. Con. Res. 106) resentatives concurring), That Congress— urging the Government of Ukraine to ensure of the nonpartisan Ukrainian non- (1) reiterates its strongest condemnation of a democratic, transparent, and fair election governmental Committee of Voters of the 1994 attack on the AMIA Jewish Commu- process for the presidential election on Octo- Ukraine: nity Center in Buenos Aires, Argentina, and ber 31, 2004. There was no improvement in the political honors the victims of this heinous act; There being no objection, the Senate environment in June compared to April and (2) expresses its sympathy to the relatives proceeded to consider the concurrent May. Instead, CVU observed an increase in of the victims, who have waited 10 years resolution. the number of cases of government pressure without justice for the loss of their loved Mr. CAMPBELL. Mr. President, I rise on the opposition designed to impede their ones, and may have to wait even longer for activities. Potential candidates did not justice to be served; to urge passage of S. Con. Res. 106, a bi- enjoy equal access to the media.... The (3) underscores the concern of the United partisan resolution calling upon the level of criminal interference in the pre-elec- States regarding the continuing, decade-long Government of Ukraine to ensure a tion process remains very high, thus threat- delay in the proper resolution of this case; democratic, transparent and fair elec- ening free elections.

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00178 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8795 S. Con Res. 106 outlines those meas- political associations, and the candidates events, and to exercise these and other ures the Ukrainian authorities need to from presenting their views and qualifica- rights free from intimidation or harassment take—consistent with their own laws tions to the citizenry, including organizing by local or national officials or others acting and international agreements—for a supporters, conducting public meetings and at their behest; events throughout the country, and enjoying (5) urges the Government of Ukraine to free, fair, open and transparent elec- unimpeded access to television, radio, print, meet its Organization for Security and Co- tion process. The Ukrainian authori- and Internet media on a non-discriminatory operation in Europe (OSCE) commitments on ties at all levels, including the execu- basis; democratic elections and to address issues tive, legislative and judicial branches, Whereas a genuinely free and fair election previously identified by the Office of Demo- need to ensure an election process that requires that citizens be guaranteed the cratic Institutions and Human Rights enables all of the candidates to com- right and effective opportunity to exercise (ODIHR) of the OSCE in its final reports on pete on a level playing field. This in- their civil and political rights, including the the 2002 parliamentary elections and the 1999 right to vote and the right to seek and ac- cludes the various ministries and agen- presidential elections, such as illegal inter- quire information upon which to make an in- ference by public authorities in the cam- cies involved directly or indirectly in formed vote, free from intimidation, undue paign and a high degree of bias in the media; the elections process, as well as influence, attempts at vote buying, threats (6) urges the Ukrainian authorities to en- Ukraine’s courts. of political retribution, or other forms of co- sure— Ukraine’s October presidential elec- ercion by national or local authorities or (A) the full transparency of election proce- tions should be a watershed for the fu- others; dures before, during, and after the 2004 presi- ture direction of that country of great Whereas a genuinely free and fair election dential elections; requires government and public authorities (B) free access for Ukrainian and inter- potential. Ukrainian authorities need to ensure that candidates and political par- to radically improve the election envi- national election observers; ties enjoy equal treatment before the law (C) multiparty representation on all elec- ronment if there is to be hope for these and that government resources are not em- tion commissions; elections to meet OSCE standards. By ployed to the advantage of individual can- (D) unimpeded access by all parties and doing so, they will go a long way in re- didates or political parties; candidates to print, radio, television, and storing the trust of the citizens of Whereas a genuinely free and fair election Internet media on a non-discriminatory Ukraine and strengthening Ukraine’s requires the full transparency of laws and basis; regulations governing elections, multiparty independence and democracy. (E) freedom of candidates, members of op- representation on election commissions, and position parties, and independent media or- Mr. FRIST. Mr. President, I ask unobstructed access by candidates, political unanimous consent that the resolution ganizations from intimidation or harassment parties, and domestic and international ob- by government officials at all levels via se- be agreed to, the preamble be agreed servers to all election procedures, including lective tax audits and other regulatory pro- to, the motion to reconsider be laid voting and vote-counting in all areas of the cedures, and in the case of media, license upon the table, and that any state- country; revocations and libel suits, among other Whereas increasing control and manipula- ments relating to the resolution be measures; tion of the media by national and local offi- printed in the RECORD. (F) a transparent process for complaint cials and others acting at their behest raise and appeals through electoral commissions The PRESIDING OFFICER. Without grave concerns regarding the commitment of and within the court system that provides objection, it is so ordered. the Ukrainian authorities to free and fair timely and effective remedies; and The concurrent resolution (S. Con. elections; (G) vigorous prosecution of any individual Res. 106) was agreed to. Whereas efforts by the national authorities or organization responsible for violations of to limit access to international broad- The preamble was agreed to. election laws or regulations, including the casting, including Radio Liberty and the The concurrent resolution, with its application of appropriate administrative or preamble, reads as follows: Voice of America, represent an unacceptable infringement on the right of the Ukrainian criminal penalties; S. CON. RES. 106 people to independent information; (7) further calls upon the Government of Whereas the establishment of a demo- Whereas efforts by national and local offi- Ukraine to guarantee election monitors from cratic, transparent, and fair election process cials and others acting at their behest to im- the ODIHR, other participating States of the for the 2004 presidential election in Ukraine pose obstacles to free assembly, free speech, OSCE, Ukrainian political parties, can- and of a genuinely democratic political sys- and a free and fair political campaign have didates’ representatives, nongovernmental tem are prerequisites for that country’s full taken place in Donetsk, Sumy, and else- organizations, and other private institutions integration into the Western community of where in Ukraine without condemnation or and organizations, both foreign and domes- nations as an equal member, including into remedial action by the Ukrainian Govern- tic, unobstructed access to all aspects of the organizations such as the North Atlantic ment; election process, including unimpeded access Treaty Organization (NATO); Whereas numerous substantial irregular- to public campaign events, candidates, news Whereas the Government of Ukraine has ities have taken place in recent Ukrainian media, voting, and post-election tabulation accepted numerous specific commitments parliamentary by-elections in the Donetsk of results and processing of election chal- governing the conduct of elections as a par- region and in mayoral elections in lenges and complaints; and ticipating State of the Organization for Se- Mukacheve, Romny, and Krasniy Luch; and (8) pledges its enduring support and assist- curity and Cooperation in Europe (OSCE), in- Whereas the intimidation and violence ance to the Ukrainian people’s establishment cluding provisions of the Copenhagen Docu- during the April 18, 2004, mayoral election in of a fully free and open democratic system, ment; Mukacheve, Ukraine, represent a deliberate their creation of a prosperous free market Whereas the election on October 31, 2004, of attack on the democratic process: Now, economy, their establishment of a secure Ukraine’s next president will provide an un- therefore, be it independence and freedom from coercion, ambiguous test of the extent of the Ukrain- Resolved by the Senate (the House of Rep- and their country’s assumption of its right- ian authorities’ commitment to implement resentatives concurring), That Congress— ful place as a full and equal member of the these standards and build a democratic soci- (1) acknowledges and welcomes the strong Western community of democracies. ety based on free elections and the rule of relationship formed between the United f law; States and Ukraine since the restoration of Whereas this election takes place against Ukraine’s independence in 1991; EXPRESSING THE DEEP CONCERN the backdrop of previous elections that did (2) recognizes that a precondition for the OF CONGRESS REGARDING THE not fully meet international standards and full integration of Ukraine into the Western FAILURE OF THE ISLAMIC RE- of disturbing trends in the current pre-elec- community of nations, including as an equal PUBLIC OF IRAN TO ADHERE TO tion environment; member in institutions such as the North ITS OBLIGATIONS UNDER A Whereas it is the duty of government and Atlantic Treaty Organization (NATO), is its SAFEGUARDS AGREEMENT WITH public authorities at all levels to act in a establishment of a genuinely democratic po- THE INTERNATIONAL ATOMIC manner consistent with all laws and regula- litical system; tions governing election procedures and to (3) expresses its strong and continuing sup- ENERGY AGENCY ensure free and fair elections throughout the port for the efforts of the Ukrainian people Mr. FRIST. Mr. President, I ask entire country, including preventing activi- to establish a full democracy, the rule of unanimous consent that the Foreign ties aimed at undermining the free exercise law, and respect for human rights in Relations Committee be discharged of political rights; Ukraine; from further consideration of S. Con. Whereas a genuinely free and fair election (4) urges the Government of Ukraine to requires a period of political campaigning guarantee freedom of association and assem- Res. 81 and that the Senate proceed to conducted in an environment in which nei- bly, including the right of candidates, mem- its immediate consideration. ther administrative action nor violence, in- bers of political parties, and others to freely The PRESIDING OFFICER. Without timidation, or detention hinder the parties, assemble, to organize and conduct public objection, it is so ordered. The clerk

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00179 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8796 CONGRESSIONAL RECORD — SENATE July 22, 2004 will report the concurrent resolution General of the IAEA, together with the and permanently ceased all nuclear weapons by title. statement by the Government of Iran that it development activity, including a permanent The legislative clerk read as follows: will not disclose other research programs, cessation of uranium conversion and enrich- constitute ample evidence of Iran’s con- ment and plutonium reprocessing activities; A concurrent resolution (S. Con. Res. 81) tinuing policy of noncompliance with the (16) further calls upon the members of the expressing the deep concern of Congress re- letter and spirit of its obligations under its European Union to undertake such addi- garding the failure of the Islamic Republic of Safeguards Agreement and the Additional tional measures, including imposing sanc- Iran to adhere to its obligations under a Protocol; tions and sponsoring an IAEA Board of Gov- safeguards agreement with the International (7) recognizes, in contrast with Iran’s be- ernors report on non-compliance pursuant to Atomic Energy Agency and the engagement havior, the positive example of Libya’s deci- Article XII of the IAEA Statute, as may be by Iran in activities that appear to be de- sion to renounce and dismantle its nuclear necessary to persuade Iran to cease all nu- signed to develop nuclear weapons. weapons program and to provide full, com- clear weapons development activity and to There being no objection, the Senate plete, and transparent disclosure of all its fulfill its obligations and commitments to proceeded to consider the concurrent nuclear activities, which has enabled the the IAEA; resolution. IAEA to rapidly understand and verify with (17) in light of ongoing revelations of the Mr. FRIST. Mr. President, I ask high confidence the extent and scope of noncompliance of the Government of Iran re- Libya’s program and has led to the establish- garding its obligations under the Nuclear unanimous consent that the Kyl-Fein- ment of direct diplomatic relations with Non-Proliferation Treaty and pledges to the stein amendments at the desk be Libya, the gradual lifting of U.S. sanctions, IAEA, and in light of the consequent and on- agreed to; the resolution, as amended, and the establishment of cooperative pro- going questions and concerns of the IAEA, be agreed to; the preamble, as amend- grams between the United States and Libya; the United States, and the international ed, be agreed to; the title amendment (8) foresees a similar future for Iran, once community regarding Iran’s nuclear activi- be agreed to; the motion to reconsider that country renounces and dismantles its ties— be laid upon the table; and that any weapons of mass destruction and long-range (A) urges Japan to ensure that Japanese ballistic missile programs and renounces its commercial entities not proceed with the de- statements relating to the resolution support for international terrorist organiza- velopment of Iran’s Azadegan oil field; be printed in the RECORD. tions; (B) urges France and Malaysia to ensure The PRESIDING OFFICER. Without (9) notes the assistance that the United that French and Malaysian commercial enti- objection, it is so ordered. States has provided to southeastern Iran ties not proceed with their agreement for The amendments (Nos. 3569 and 3570) since the Bam earthquake on December 26, further cooperation in expanding Iran’s liq- were agreed to, as follows: 2003; uid natural gas production field; (10) calls upon Iran to immediately and (C) calls on all countries to intercede with AMENDMENT NO. 3569 permanently cease all efforts to acquire sen- their commercial entities to ensure that Strike all after the resolving clause and in- sitive nuclear fuel cycle capabilities, in par- these entities refrain from or suspend all in- sert the following: ticular all uranium enrichment activities, vestment and investment-related activities That Congress— including importing, manufacturing, and that support Iran’s energy industry; and (1) condemns— testing of related equipment; (D) calls on Member States of the United (A) the failure of the Government of Iran (11) urges Iran to comply with its inter- Nations to prevent the Government of Iran for nearly two decades to report material, fa- national commitments and to rescind its de- from continuing to pursue and develop pro- cilities, and activities to the International cisions— grams or facilities that could be used in a Atomic Energy Agency (IAEA) in contraven- (A) to manufacture and construct cen- nuclear weapons program and to end all nu- tion of its obligations under its Safeguards trifuges; clear cooperation with Iran, including the Agreement; and (B) to produce feed material that could be provision of dual use items, until Iran com- (B) Iran’s continuing deceptions and false- used in those centrifuges; and plies fully with its Safeguards Agreement hoods to the IAEA and the international (C) to construct a heavy-water moderated with the IAEA and its obligations under the community about its nuclear programs and reactor that could be used for plutonium pro- Nuclear Non-Proliferation Treaty; activities; duction; (18) deplores any effort by any country to (2) concurs with the conclusion reached in (12) calls upon Iran to honor its stated provide nuclear power-related assistance to the Department of State’s Annual Report on commitments and legal obligations— Iran at this time, and calls upon Russia— Adherence to and Compliance with Arms (A) to grant IAEA inspectors prompt, full (A) to use all appropriate means to urge Control and Non-Proliferation Agreements and unrestricted access; Iran to meet fully its obligations and com- and Commitments that Iran is pursuing a (B) to cooperate fully with the investiga- mitments to the IAEA; and program to develop nuclear weapons; tion of its nuclear activities; and (B) to suspend nuclear cooperation with (3) urges the President to provide to the (C) to demonstrate a new openness and Iran and not conclude a nuclear fuel supply IAEA whatever financial, material, or intel- honesty about all its nuclear programs; agreement for the Bushehr reactor that ligence resources are necessary to enable the (13) welcomes the June 26, 2004, declaration would enter into force before Iran has IAEA it to fully investigate Iran’s nuclear at the United States–E.U. Summit in Shan- verifiably and permanently ceased all nu- activities; non, Ireland, in which the European Union clear weapons development activity, includ- (4) calls upon all states party to the Treaty and the United States pledged to implement ing a permanent cessation of uranium con- on the Non-Proliferation of Nuclear Weap- United Nations Security Council Resolution version and enrichment and plutonium re- ons, done at Washington, London, and Mos- 1540, which identifies actions states should processing activities; cow July 1, 1968, and entered into force take— (19) calls upon the governments of the March 5, 1970 (hereafter in this resolution re- (A) to stop the proliferation of weapons of countries whose nationals and corporations ferred to as the ‘‘Nuclear Non-Proliferation mass destruction; are implicated in assisting Iranian nuclear Treaty’’), including the United States, to use (B) to establish new measures in accord- activities, including Pakistan, Malaysia, the appropriate means to prevent Iran from ac- ance with the G8 Action Plan on Non-Pro- United Arab Emirates, and Germany— quiring nuclear weapons, including the sus- liferation, announced June 9, 2004, at the G8 (A) to fully investigate such assistance; pension of all nuclear and other cooperation Summit in Sea Island, Georgia; and (B) to grant the IAEA all necessary access with Iran, including the provision of dual use (C) to preserve the integrity of the Nuclear to individuals, sites, and information related items, until Iran fully implements the Addi- Non-Proliferation Treaty; to the investigations; tional Protocol to its Safeguards Agreement (14) urges close cooperation between the (C) to take all appropriate action against with the IAEA (hereafter in this resolution United States and the European Union in ac- such nationals and corporations under the referred to as the ‘‘Additional Protocol’’) and cordance with the reaffirmation in their laws of those countries; and is clearly in compliance with its obligations June 26, 2004, declaration of ‘‘the IAEA Board (D) to immediately review and rectify under the Nuclear Non-Proliferation Treaty; of Governors’ Iran resolutions, which deplore their export control laws, regulations, and (5) declares that Iran, through its many Iran’s insufficient cooperation and call on practices in order to prevent further assist- breaches during the past 18 years of its Safe- Iran, inter alia, to cooperate fully and in a ance to countries pursuing nuclear programs guards Agreement with the IAEA, has for- timely and proactive manner, with IAEA in- that could support the development of nu- feited the right to be trusted with the devel- vestigation of its nuclear programme and clear weapons; opment of a full nuclear fuel cycle, espe- suspend all enrichment-related and reproc- (20) urges the IAEA Board of Governors, in cially with uranium conversion and enrich- essing activities’’; accordance with Article XII of the IAEA ment and plutonium reprocessing tech- (15) calls upon the members of the Euro- Statute— nology, equipment, and facilities; pean Union not to resume discussions with (A) to report to the United Nations Secu- (6) declares that the revelations of Iran’s Iran on multilateral trade agreements until rity Council that Iran has been in non- nondisclosure of additional enrichment and the IAEA Director General reports that Iran compliance with its agreements with the nuclear-weapons-applicable research activi- has suspended all nuclear weapons develop- IAEA; and ties, as detailed in the reports of February ment activity, and not to implement such (B) as appropriate, to specify areas in 24, 2004, and June 1, 2004, by the Director trade agreements until Iran has verifiably which Iran continues to be in noncompliance

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00180 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8797 with its agreements with the IAEA or with Moscow July 1, 1968, and entered into force Whereas on October 21, 2003, Iran and the the Nuclear Non-Proliferation Treaty, or in March 5, 1970 (the ‘‘Nuclear Non-Prolifera- Foreign Ministers of France, Germany, and which its compliance is uncertain; tion Treaty’’); the United Kingdom issued a joint statement (21) urges the United Nations Security Whereas Iran, as a party to the Nuclear in which Iran indicated that it had decided Council, bearing in mind its decision in Res- Non-Proliferation Treaty as a non-nuclear to suspend all uranium enrichment and re- olution 1540 that the ‘‘proliferation of nu- weapons state, is obligated never to develop processing activities as defined by the IAEA; clear, chemical and biological weapons, as or acquire nuclear weapons; Whereas the Governments of France, Ger- well as their means of delivery, constitutes a Whereas Iran did not declare to the Inter- many, and the United Kingdom promised a threat to international peace and security,’’ national Atomic Energy Agency (IAEA) the dialogue with Iran to ease Iran’s access to to consider measures necessary— existence of the Natanz Pilot Fuel Enrich- modern technologies and supplies in a range (A) to support the inspection efforts by the ment Plant and the production-scale Fuel of areas once certain international concerns IAEA; and Enrichment Facility under construction at regarding Iran are fully resolved; (B) to prevent Iran from further engaging Natanz until February 2003, after the exist- Whereas, in a subsequent letter on October in clandestine nuclear activities; ence of the plant and facility was revealed by 23, 2003, Iran further admitted that it had (22) further urges the United Nations Secu- an opposition group; tested uranium enrichment centrifuges at rity Council, immediately upon receiving Whereas it is estimated that the Natanz the Kalaye Electric Company between 1998 any report from the IAEA regarding the con- Pilot Fuel Enrichment Plant could produce and 2002 using its previously undeclared im- tinuing non-compliance of Iran with its obli- enough highly enriched uranium for a nu- ported uranium hexafluoride; gations, to address the threat to inter- Whereas in that same letter, Iran admitted clear weapon every year-and-a-half to two national peace and security posed by Iran’s that it had a laser uranium enrichment pro- years; nuclear weapons program and take such ac- gram, in which it used 30 kilograms of ura- Whereas it is estimated that the Natanz tion as may be necessary under Article 39, nium not previously declared to the IAEA, Fuel Enrichment Facility could, when com- Article 40, and Article 41 of the Charter of another violation of its Safeguards Agree- pleted, produce enough highly enriched ura- the United Nations; ment; nium for as many as 25 to 30 nuclear weapons (23) urges the United Nations Security Whereas Iran indicated initially that its per year; Council, the Nuclear Suppliers Group, the laser enrichment program had achieved ura- Whereas, in his report of June 6, 2003, the Zangger Committee, and other relevant nium enrichment levels of slightly more Director General of the IAEA stated that international entities to declare that non- than 3 percent, but the Director General’s re- Iran had failed to meet its obligations under nuclear-weapon states under the Nuclear port of June 1, 2004, states that the IAEA its Safeguards Agreement with the IAEA to Non-Proliferation Treaty that commit sig- later learned that Iran ‘‘had been able to report all nuclear material imported into nificant violations of their safeguards agree- achieve average enrichment levels of 8 per- Iran—specifically, the importation of ura- ments regarding uranium enrichment or plu- cent to 9 percent, with some samples of up to nium hexafluoride, uranium tetrafluoride tonium reprocessing or engage in activities approximately 15 percent’’; and uranium dioxide in 1991—the processing intended to support a military nuclear pro- Whereas the June 1, 2004, report states also and use of that material, and the facilities gram thereby forfeit their right under the that Iran’s declaration of October 21, 2003, involved in the use and processing of the ma- Nuclear Non-Proliferation Treaty to engage failed to include information that should terial; in nuclear fuel-cycle activities; have been provided, including the fact that Whereas the IAEA Director General stated (24) further urges the United Nations Secu- ‘‘some samples from’’ the laser uranium en- in the same report that Iran had produced rity Council, the Nuclear Suppliers Group, richment project ‘‘had been sent for assess- uranium metal and was building a uranium the Zangger Committee, the International ment to the supplier’s laboratory’’; metal processing facility, despite the fact Atomic Energy Agency, other relevant inter- Whereas, in its letter of October 23, 2003, that neither its light water reactors nor its national entities, and all states party to the Iran also admitted that it had irradiated 7 planned heavy water reactors require ura- Nuclear Non-Proliferation Treaty, including kilograms of uranium dioxide targets and re- nium metal for fuel; the United States, to seek consensus, no processed them to extract plutonium, an- Whereas the IAEA Board of Governors later than the 2005 Nuclear Non-Proliferation other violation of its legal obligation to dis- urged Iran in June 2003 to promptly rectify Treaty Review Conference in Geneva, Swit- close such activities under its Safeguards its failures to meet its obligations under its zerland, on the best and most equitable Agreement; Safeguards Agreement, not to introduce nu- means to limit the right of non-nuclear Whereas Iran told the IAEA on November clear material into the Natanz Pilot Fuel weapons states to engage in those nuclear 10, 2003, that it would sign and ratify the Ad- Enrichment Plant, and to cooperate fully fuel cycle activities that could contribute to ditional Protocol and would act in accord- with the Agency in resolving questions about the development of nuclear weapons, while ance with the Additional Protocol pending its nuclear activities; providing those states assured and affordable its entry-into-force; Whereas the IAEA Director General re- access to— Whereas, on November 10, 2003, Iran further ported to the Board of Governors of the (A) nuclear reactor fuel and other mate- informed the IAEA Director General that it IAEA in August 2003 that Iran had failed to rials used in peaceful nuclear activities; and had decided to suspend all enrichment and disclose additional nuclear activities as re- (B) spent fuel management; and reprocessing activities in Iran, not to quired by its Safeguards Agreement and con- (25) urges the President to keep Congress produce feed material for enrichment proc- tinued to fail to resolve questions about its fully and currently informed concerning the esses, and not to import enrichment related undeclared uranium enrichment activities, items; matters addressed in this resolution. including those raised by the detection of Whereas the IAEA, through its investiga- AMENDMENT NO. 3570 two types of highly enriched uranium par- tive and forensic activities in Iran and else- Strike the preamble and insert the fol- ticles at the Natanz Pilot Fuel Enrichment where, has uncovered and confronted Iran lowing: Plant; about numerous lies concerning its nuclear Whereas it is the policy of the United Whereas on August 19, 2003, after earlier activities; States to oppose, and urgently to seek the denials, Iran admitted in a letter that it had Whereas the Director General of the IAEA agreement of other nations also to oppose, carried out uranium conversion experiments reported to the IAEA Board of Governors on any transfer to Iran of any goods or tech- in the early 1990’s, experiments that included November 10, 2003, that Iran has concealed nology, including dual-use goods or tech- bench scale preparation of uranium com- many aspects of its nuclear activities from nology, wherever that transfer could con- pounds and that should have been disclosed the IAEA, in breach of its obligations under tribute to its acquiring chemical, biological, to the IAEA in accordance with its obliga- its Safeguards Agreement; or nuclear weapons; tions under its Safeguards Agreement; Whereas, despite Iran’s subsequent pledge Whereas the United Nations Security Whereas the IAEA Board of Governors on to, once again, fully disclose all of its nu- Council decided, in United Nations Security September 12, 2003, called on Iran to suspend clear activities to the IAEA, the Director Council Resolution 1540, that ‘‘all States all further uranium enrichment and any plu- General of the IAEA, in a February 24, 2004, shall refrain from providing any form of sup- tonium reprocessing activities, disclose all report, found that Iran continued to engage port to non-State actors that attempt to de- its nuclear activities, and cooperate fully in deception regarding its nuclear activities, velop, acquire, manufacture, possess, trans- with the IAEA, and to sign, ratify, and fully including failing to disclose a more sophisti- port, transfer or use nuclear, chemical, or bi- implement the Additional Protocol between cated enrichment program using more ad- ological weapons and their means of deliv- Iran and the IAEA for the application of vanced enrichment centrifuge technology ery’’; safeguards (the ‘‘Additional Protocol’’) to imported from foreign sources, and providing Whereas the United States has imposed strengthen investigation of all nuclear ac- incomplete and unsupported explanations sanctions numerous times on persons and en- tivities within Iran, and requested all third about experiments to create a highly toxic tities transferring equipment and technical countries to cooperate closely and fully with isotope of polonium that outside experts say data to Iran to assist its weapons of mass de- the IAEA in resolving questions about Iran’s is useful as a neutron initiator in nuclear struction programs; nuclear program; weapons; Whereas on January 1, 1968, Iran signed the Whereas IAEA inspectors and officials con- Whereas the Director General’s reports of Treaty on the Non-Proliferation of Nuclear tinued to confront Iran with discrepancies in February 24, 2001, and June 1, 2004, stated Weapons, done at Washington, London, and its explanations of its nuclear activities; that environmental samples from one room

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00181 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8798 CONGRESSIONAL RECORD — SENATE July 22, 2004 at the Kalaye Electric Company workshop noted that the IAEA has discovered that Iran of the means to enrich uranium, its use of and from equipment that had been present in had hidden more advanced centrifuge associ- sources who provided a nuclear weapon de- that workshop showed more than trace quan- ated research, manufacturing, and testing sign to another country, its production of tities of uranium enriched to 36 percent U– activities, two mass spectrometers used in centrifuge components at Defence Industries 235, despite finding only negligible traces of the laser enrichment program, and designs Organization workshops, and its repeated this on imported centrifuge components, and for hot cells to handle highly radioactive breaches of its Safeguards Agreement sug- that the types of uranium contamination at materials; gest strongly that Iran has also violated its that workshop differed from those found at Whereas the same resolution also noted legal obligation under article II of the Nu- Natanz, which would appear to contradict ‘‘with equal concern that Iran has not re- clear Non-Proliferation Treaty not to ac- Iran’s assertion that the source of contami- solved all questions regarding the develop- quire or seek assistance in acquiring nuclear nation at both sites is imported centrifuge ment of its enrichment technology to its weapons; and components and perhaps also its assertion current extent, and that a number of other Whereas the maintenance or construction that it has not enriched uranium to more questions remain unresolved, including the by Iran of unsafeguarded nuclear facilities or than 1.2 percent U–235 using centrifuge tech- sources of all HEU contamination in Iran; uranium enrichment or reprocessing facili- nology; the location, extent and nature of work un- ties will continue to endanger the mainte- Whereas the Director General stated in the dertaken on the basis of the advanced cen- nance of international peace and security June 1, 2004, report, that ‘‘the contamination trifuge design; the nature, extent, and pur- and threaten United States national inter- is different on domestic and imported cen- pose of activities involving the planned ests: Now, therefore, be it trifuges,’’ that ‘‘it is unlikely’’ that the 36 heavy-water reactor; and evidence to support The title amendment (No. 3571) was percent U–235 contamination was due to claims regarding the purpose of polonium-210 agreed to, as follows: components acquired from Iran’s principal experiments’’; supplier country, and that ‘‘important infor- Whereas Hassan Rowhani on March 13, AMENDMENT NO. 3571 mation about the P–2 centrifuge programme 2004, declared that IAEA inspections would Amend the title so as to read: ‘‘Expressing has frequently required repeated requests, be indefinitely suspended as a protest the concern of Congress over Iran’s develop- and in some cases continues to involve against the IAEA Board of Governors’ reso- ment of the means to produce nuclear weap- changing or contradictory information’’; lution of March 13, 2004, and while Iran sub- ons.’’. Whereas these deceptions by Iran are con- sequently agreed to readmit inspectors to The concurrent resolution (S. Con. tinuing violations of Iran’s Safeguards one site by March 29, 2004, and to others in Res. 81), as amended, was agreed to: Agreement and of Iran’s previous assurances mid-April, 2004, including four workshops be- The preamble, as amended, was to the IAEA and the international commu- longing to the Defence Industries Organiza- agreed to. nity of full transparency; tion, this suspension calls into serious ques- The concurrent resolution, with its Whereas despite Iran’s commitment to the tion Iran’s commitment to full transparency IAEA and to France, Germany, and the about its nuclear activities; preamble, reads as follows: United Kingdom that it would suspend ura- Whereas Iran informed the IAEA on April (The concurrent resolution will be nium enrichment activities, it has repeat- 29, 2004, of its intent to produce uranium printed in a future edition of the edly emphasized that this suspension is tem- hexafluoride in amounts that the IAEA con- RECORD.) porary and continued to manufacture and, cluded would constitute production of feed f until April 2004, to import, uranium enrich- material for uranium centrifuges and wrote ment centrifuge parts and equipment, allow- in a letter of May 18, 2004, that its suspension IRAN’S DEVELOPMENT OF ing it to resume and expand its uranium en- of all uranium enrichment activities ‘‘does NUCLEAR WEAPONS richment activities whenever it chooses; not include suspension of production of Mr. FRIST. Mr. President, I ask Whereas the statements on February 25, UF6,’’ which contradicted assurances pro- 2004, of Hassan Rowhani, Secretary of the vided in its letter of November 10, 2003; unanimous consent that the Foreign Supreme National Security Council of Iran, Whereas the IAEA Board of Governors’ res- Relations Committee be discharged that Iran was not required to reveal to the olution of June 18, 2004, which was also from further consideration of H. Con. IAEA its research into more sophisticated adopted unanimously, ‘‘deplores’’ the fact Res. 398 and the Senate proceed to its ‘‘P2’’ uranium enrichment centrifuges, and that ‘‘Iran’s cooperation has not been as full, immediate consideration. that Iran has other projects which it has no timely and proactive as it should have been’’ The PRESIDING OFFICER. Without intention of declaring to the IAEA, are con- and ‘‘underlines that, with the passage of objection, it is so ordered. The clerk trary to— time, it is becoming ever more important will report the concurrent resolution (1) Iran’s commitment to the IAEA in an that Iran work proactively to enable the October 16, 2003, letter from the Vice Presi- Agency to gain a full understanding of Iran’s by title. dent of Iran and the President of Iran’s enrichment programme by providing all rel- The legislative clerk read as follows: Atomic Energy Organization that Iran would evant information, as well as by providing A concurrent resolution (H. Con. Res. 398) present a ‘‘full picture of its nuclear activi- prompt access to all relevant places, data expressing the concern of Congress over ties’’ and ‘‘full transparency’’; and persons’’; Iran’s development of the means to produce (2) Iran’s commitment to the foreign min- Whereas the same resolution also expresses nuclear weapons. isters of the United Kingdom, France, and regret that Iran’s suspension ‘‘commitments There being no objection, the Senate Germany of October 21, 2003, to full trans- have not been comprehensively implemented proceeded to consider the concurrent parency and to resolve all outstanding and calls on Iran immediately to correct all resolution. issues; and remaining shortcomings’’; Mr. FRIST. Mr. President, I ask (3) its statement to the IAEA’s Board of Whereas the same resolution also calls on Governors of September 12, 2003, of its com- Iran, as further confidence-building meas- unanimous consent that the Kyl-Fein- mitment to full transparency and to ‘‘leave ures, voluntarily to reconsider its decision to stein amendments at the desk be no stone unturned’’ to assure the IAEA of its begin production testing at the Uranium agreed to, the resolution, as amended, peaceful objectives; Conversion Facility and its decision to start be agreed to, the preamble, as amend- Whereas Libya received enrichment equip- construction of a research reactor moderated ed, be agreed, the title amendment be ment and technology, and a nuclear weapons by heavy water, as the reversal of those deci- agreed to, the motion to reconsider be design, from the same nuclear black market sions would make it easier for Iran to restore laid upon the table, and any state- that Iran has used, raising the question of international confidence undermined by past ments relating to the resolution be whether Iran, as well, received a nuclear reports of undeclared nuclear activities in weapon design that it has refused to reveal Iran; printed in the RECORD. to international inspectors; Whereas Iran then announced its decision The PRESIDING OFFICER. Without Whereas the Russian Federation has an- to resume production of centrifuge compo- objection, it is so ordered. nounced that it will soon conclude an agree- nents, notwithstanding both the IAEA Board The amendments (Nos. 3572 and 3573) ment to supply Iran with enriched nuclear of Governors resolution of September 12, were agreed to. fuel for the Bushehr nuclear power reactor, 2003, which called on Iran ‘‘to suspend all (The amendments Nos. 3572 and 3573 which, if implemented, would undercut the further uranium enrichment-related activi- are printed in today’s RECORD under international effort to persuade Iran to cease ties,’’ and Iran’s voluntary suspension of all ‘‘Text of Amendments.’’) its nuclear weapons development program; uranium enrichment activities pursuant to The amendment (No. 3574) was agreed Whereas the IAEA Board of Governors’ res- its agreement of October 21, 2003, with the to as follows: olution of March 13, 2004, which was adopted foreign ministers of the United Kingdom, unanimously, noted with ‘‘serious concern France, and Germany; Amend the title so as to read: ‘‘Expressing that the declarations made by Iran in Octo- Whereas Iran’s pattern of deception and the concern of Congress over Iran’s develop- ber 2003 did not amount to the complete and concealment in dealing with the IAEA, the ment of the means to produce nuclear weap- final picture of Iran’s past and present nu- Foreign Ministers of France, Germany, and ons.’’. clear programme considered essential by the the United Kingdom, and the international The concurrent resolution (H. Con. Board’s November 2003 resolution,’’ and also community, its receipt from other countries Res. 398), as amended, was agreed to.

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00182 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8799 The preamble, as amended, was ferred to in subsection (a) shall be deemed to NEWELL GEORGE POST OFFICE agreed to. be a reference to the ‘‘Guardians of Freedom BUILDING Memorial Post Office Building’’. The concurrent resolution, with its The bill (H.R. 4222) to designate the SEC. 2. INSTALLATION OF PLAQUE. preamble, reads as follows: facility of the United States Postal (The resolution will be printed in a (a) AGREEMENT.—The Postmaster General may enter into an agreement with the Office Service located at 550 Nebraska Avenue future edition of the RECORD.) of Veterans’ Services of the State of Nevada in Kansas City, Kansas, as the ‘‘Newell f under which the Office of Veterans’ Services George Post Office Building’’ was con- THE CALENDAR of the State of Nevada agrees— sidered, ordered to a third reading, (1) to install a plaque to be displayed at read the third time, and passed. Mr. FRIST. Mr. President, I ask the Guardians of Freedom Memorial Post Of- unanimous consent that the Senate fice Building referred to in section 1(a); and f proceed to the immediate consider- (2) to maintain and update such plaque, as VITILAS ‘‘VETO’’ REID POST ation of Calendar Nos. 660 and 662 appropriate and in accordance with sub- OFFICE BUILDING through 667 en bloc. sections (b) and (c). (b) INSCRIPTIONS.— The bill (H.R. 4327) to designate the I ask unanimous consent that the (1) DEDICATION.—The plaque installed pur- facility of the United States Postal bills be read the third time and passed, suant to subsection (a) shall bear the fol- Service located at 7450 Natural Bridge the motions to reconsider be laid upon lowing inscription: ‘‘This post office building Road in St. Louis, Missouri, as the the table en bloc, and any statements is dedicated in the memory of those men and ‘‘Vitilas ‘Veto’ Reid Post Office Build- relating to the bills be printed in the women of the State of Nevada who have lost ing’’ was considered, ordered to a third RECORD. their lives while serving in the Armed Forces reading, read the third time, and The PRESIDING OFFICER. Without of the United States in the Global War on passed. objection, it is so ordered. Terrorism and in Operation Iraqi Freedom.’’. (2) ADDITIONAL INFORMATION.—The plaque f f installed pursuant to subsection (a) shall PERRY B. DURYEA, JR. POST also include with respect to the men and PERRY B. DURYEA, JR. POST OFFICE women of the Armed Forces referred to in OFFICE paragraph (1) inscriptions containing the The bill (S. 2501) to designate the fa- names, ranks, branches of service, home- The bill (H.R. 4427) to designate the cility of the United States Postal Serv- towns, and dates of death of such men and facility of the United States Postal ice located at 73 South Euclid Avenue women. Service located at 73 South Euclid Ave- in Montauk, New York, as the ‘‘Perry (c) EXPENDITURE OF COSTS.—The agreement nue in Montauk, New York, as the B. Duryea, Jr. Post Office’’ was consid- referred to in subsection (a) shall provide ‘‘Perry B. Duryea, Jr. Post Office’’ was that the Office of Veterans’ Services of the ered, ordered to be engrossed for a considered, ordered to a third reading, State of Nevada shall have sole responsi- read the third time, and passed. third reading, read the third time, and bility for the expenditure of all costs associ- passed, as follows: ated with the installation, maintenance, and f updating of the plaque. S. 2501 NATIONAL MUSEUM OF THE Be it enacted by the Senate and House of Rep- AMERICAN INDIAN resentatives of the United States of America in f Congress assembled, Mr. FRIST. Mr. President, I ask BEN NIGHTHORSE CAMPBELL SECTION 1. PERRY B. DURYEA, JR. POST OFFICE. unanimous consent that the Senate POST OFFICE BUILDING (a) DESIGNATION.—The facility of the proceed to the immediate consider- United States Postal Service located at 73 The bill (S. 2682) to designate the fa- ation of Calendar No. 641, S.J. Res. 41. South Euclid Avenue in Montauk, New York, cility of the United States Postal Serv- The PRESIDING OFFICER. The shall be known and designated as the ‘‘Perry ice located at 222 West 8th Street, Du- clerk will report the resolution by B. Duryea, Jr. Post Office’’. rango, Colorado, as the ‘‘Ben title. (b) REFERENCES.—Any reference in a law, The legislative clerk read as follows: map, regulation, document, paper, or other Nighthorse Campbell Post Office Build- record of the United States to the facility re- ing’’ was considered, ordered to be en- A joint resolution (S.J. Res. 41) commemo- ferred to in subsection (a) shall be deemed to grossed for a third reading, read the rating the opening of the National Museum be a reference to the Perry B. Duryea, Jr. third time, and passed, as follows: of the American Indian. Post Office. S. 2682 There being no objection, the Senate f Be it enacted by the Senate and House of Rep- proceeded to consider the joint resolu- tion, which had been reported from the GUARDIANS OF FREEDOM MEMO- resentatives of the United States of America in Congress assembled, Committee on Indian Affairs with an RIAL POST OFFICE BUILDING SECTION 1. BEN NIGHTHORSE CAMPBELL POST amendment to strike all after the re- The bill (S. 2640) to designate the fa- OFFICE BUILDING. solving clause and the preamble and in- cility of the United States Postal Serv- (a) DESIGNATION.—The facility of the sert the part printed in italic: United States Postal Service located at 222 ice located at 1050 North Hills Boule- S.J. RES. 41 West 8th Street, Durango, Colorado, shall be vard in Reno, Nevada, as the ‘‘Guard- øWhereas the National Museum of the ians of Freedom Memorial Post Office known and designated as the ‘‘Ben Nighthorse Campbell Post Office Building’’. American Indian Act (20 U.S.C. 808 et seq.) Building’’ and to authorize the instal- (b) REFERENCES.—Any reference in a law, established within the Smithsonian Institu- lation of a plaque at such site, and for map, regulation, document, paper, or other tion the National Museum of the American other purposes, was considered, ordered record of the United States to the facility re- Indian, and authorized the construction of a to be engrossed for a third reading, ferred to in subsection (a) shall be deemed to facility to house the National Museum of the read the third time, and passed, as fol- be a reference to the ‘‘Ben Nighthorse Camp- American Indian on the National Mall in the lows: bell Post Office Building’’. District of Columbia; øWhereas the National Museum of the S. 2640 f American Indian officially opens on Sep- Be it enacted by the Senate and House of Rep- tember 21, 2004; and resentatives of the United States of America in JAMES E. WORSHAM POST OFFICE øWhereas the National Museum of the Congress assembled, American Indian will be the only national SECTION 1. DESIGNATION OF GUARDIANS OF The bill (H.R. 3340) to redesignate the museum devoted exclusively to the history FREEDOM MEMORIAL POST OFFICE facilities of the United States Postal and art of cultures indigenous to the Amer- BUILDING. Service located at 7715 and 7748 S. Cot- icas, and will give all Americans the oppor- (a) DESIGNATION.—The facility of the tage Grove Avenue in Chicago, Illinois, tunity to learn of the cultural legacy, his- United States Post Office located at 1050 as the ‘‘James E. Worsham Post Of- toric grandeur, and contemporary culture of ¿ North Hills Boulevard in Reno, Nevada, shall fice’’ and the ‘‘James E. Worsham Car- Native Americans: Now, therefore, be it be known and designated as the ‘‘Guardians Whereas the National Museum of the Amer- of Freedom Memorial Post Office Building’’. rier Annex Building’’, respectively, and ican Indian Act (20 U.S.C. 808 et seq.) estab- (b) REFERENCES.—Any reference in a law, for other purposes, was considered, or- lished within the Smithsonian Institution the map, regulation, document, paper, or other dered to a third reading, read the third National Museum of the American Indian and record of the United States to the facility re- time, and passed. authorized the construction of a facility to

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00183 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8800 CONGRESSIONAL RECORD — SENATE July 22, 2004 house the National Museum of the American In- committee on Investigations of the Com- ized the Chairman and Ranking Minority dian on the National Mall in the District of Co- mittee on Governmental Affairs. Member of the Subcommittee, acting joint- lumbia; There being no objection, the Senate ly, to provide to law enforcement officials, Whereas the National Museum of the Amer- proceeded to consider the resolution. legislative bodies, regulatory agencies, and ican Indian officially opens on September 21, Mr. FRIST. Mr. President, from 1999 other entities or individuals duly authorized 2004; and by federal, state, or foreign governments, Whereas the National Museum of the Amer- to 2001, the Permanent Subcommittee records of the Subcommittee’s investigation ican Indian will be the only national museum on Investigations of the Committee on into the use of correspondent banking for the devoted exclusively to the history and art of cul- Governmental Affairs conducted an in- purpose of money laundering; tures indigenous to the Americas, and will give vestigation into money laundering ac- Whereas, during the present Congress, the all Americans the opportunity to learn of the tivities in the U.S. financial services Subcommittee has been conducting a fol- cultural legacy, historic grandeur, and contem- sector, including private banking, cor- lowup to its earlier money laundering inves- porary culture of Native Americans: Now, there- respondent banking, and the securities tigation to evaluate the enforcement and ef- fore, be it industry. fectiveness of key statutory anti-money Resolved by the Senate and House of Rep- laundering provisions, using Riggs Bank of resentatives of the United States of America in Following its investigation, the sub- the District of Columbia as a case history; Congress assembled, committee received requests from var- Whereas, the Subcommittee is seeking au- øSECTION 1. NATIONAL MUSEUM OF THE AMER- ious law enforcement and regulatory thorization to provide records of its followup ICAN INDIAN. agencies, legislative bodies, and court- investigation in response to requests from øCongress— appointed officers, both here and law enforcement officials, legislative bodies, ø(1) recognizes the important and unique abroad, for assistance in connection regulatory agencies, and foreign agencies contribution of Native Americans to the cul- with their pending investigations into and officials; tural legacy of the United States, both in the the use of correspondent banks for Whereas, by the privileges of the Senate of the United States and Rule XI of the Stand- past and currently; money laundering. By Senate Resolu- ø(2) honors the cultural achievements of ing Rules of the Senate, no evidence under all Native Americans; tion 77 of the 107th Congress, agreed to the control or in the possession of the Senate ø(3) celebrates the official opening of the on April 26, 2001, the Senate authorized can, by administrative or judicial process, be National Museum of the American Indian; the chairman and ranking member of taken from such control or possession but by and the subcommittee, acting jointly, to permission of the Senate; ø(4) encourages all Americans to take ad- provide investigative records, obtained Whereas, when it appears that evidence vantage of the resources of the National Mu- by the subcommittee in the course of under the control or in the possession of the seum of the American Indian to learn about its investigation, in response to these Senate is needed for the promotion of jus- tice, the Senate will take such action as will the history and culture of Native Ameri- requests. cans.¿ promote the ends of justice consistent with Last year, the permanent sub- SECTION 1. NATIONAL MUSEUM OF THE AMER- the privileges of the Senate: Now, therefore, ICAN INDIAN. committee initiated a followup to its be it Congress— earlier investigation to evaluate the Resolved, That the Chairman and Ranking (1) recognizes the important and unique con- enforcement and effectiveness of key Minority Member of the Permanent Sub- tribution of Native Americans to the cultural statutory anti-money laundering provi- committee on Investigations of the Com- legacy of the United States, both in the past and sions, using Riggs Bank of the District mittee on Governmental Affairs, acting currently; of Columbia as a case history. The sub- jointly, are authorized to provide to law en- (2) honors the cultural achievements of all forcement officials, legislative bodies, regu- committee held a hearing on the re- latory agencies, and other entities or indi- Native Americans; sults of its investigation on July 15 of (3) celebrates the official opening of the Na- viduals duly authorized by federal, state, or tional Museum of the American Indian; and this year. foreign governments, records of the Sub- (4) requests the President to issue a proclama- The subcommittee is seeking author- committee’s case study investigation into tion encouraging all Americans to take advan- ity, like that granted in the 107th Con- the enforcement and effectiveness of statu- tage of the resources of the National Museum of gress, to respond to requests from law tory anti-money laundering provisions. the American Indian to learn about the history enforcement and other government f and culture of Native Americans. agencies for access to investigative CALIFORNIA STATE UNIVERSITY, Mr. FRIST. Mr. President, I ask records obtained by the Subcommittee FULLERTON BASEBALL TEAM unanimous consent that the committee in the course of its recent investiga- amendments be agreed to, the pre- tion. This resolution would accordingly Mr. FRIST. Mr. President, I ask amble, as amended, be agreed to, the authorize the chairman and ranking unanimous consent that the Senate joint resolution be read the third time member of the subcommittee, acting proceed to the immediate consider- and passed, the motion to reconsider be jointly, to provide copies of its inves- ation of S. Res. 416, submitted earlier laid upon the table, and any state- tigative records from the Riggs Bank today by Senators FEINSTEIN and ments in relation to the joint resolu- investigation in response to such re- BOXER. tion be printed in the RECORD. quests. The PRESIDING OFFICER. The The PRESIDING OFFICER. Without Mr. President, I ask unanimous con- clerk will report the resolution by objection, it is so ordered. sent that the resolution be agreed to, title. The committee amendments were the preamble be agreed to, the motion The legislative clerk read as follows: agreed to. to reconsider be laid upon the table, A resolution (S. Res. 416) to congratulate The joint resolution (S.J. Res. 41), as and any statements relating to this the California State University, Fullerton amended, was read the third time and matter be printed in the RECORD. baseball team on winning the 2004 College passed, as follows: The PRESIDING OFFICER. Without World Series. (The joint resolution will be printed objection, it is so ordered. There being no objection, the Senate in a future edition of the RECORD.) The resolution (S. Res. 415) was proceeded to consider the resolution. f agreed to. Mr. FRIST. Mr. President, I ask The preamble was agreed to. unanimous consent that the resolution AUTHORIZING RECORD PRODUC- The resolution, with its preamble, and preamble be agreed to en bloc, the TION BY PERMANENT SUB- reads as follows: motion to reconsider be laid upon the COMMITTEE ON INVESTIGATIONS S. RES. 415 table, and any statements relating to Mr. FRIST. I ask unanimous consent Whereas, during the 106th and 107th Con- the resolution be printed in the that the Senate proceed to the imme- gresses, the Permanent Subcommittee on In- RECORD, without intervening action or diate consideration of S. Res. 415, vestigations of the Committee on Govern- debate. which was submitted earlier today. mental Affairs conducted an investigation The PRESIDING OFFICER. Without The PRESIDING OFFICER. The into money laundering activities in the U.S. objection, it is so ordered. clerk will report the resolution by financial services sector, including examina- The resolution (S. Res. 416) was tions of money laundering activities in pri- title. vate banking, correspondent banking, and agreed to. The legislative clerk read as follows: the securities industry; The preamble was agreed to. A resolution (S. Res. 415) to authorize pro- Whereas, by agreement to Senate Resolu- The resolution, with its preamble, duction of records by the Permanent Sub- tion 77, 107th Congress, the Senate author- reads as follows:

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00184 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8801 S. RES. 416 There being no objection, the Senate mitted earlier today by Senators SES- Whereas on June 27, 2004, the California proceeded to consider the resolution. SIONS, REID, and others. State University, Fullerton (‘‘Fullerton’’) Mr. FRIST. Mr. President, I ask The PRESIDING OFFICER. The Titans won the 2004 College World Series; unanimous consent that the resolution clerk will report the resolution by Whereas the 3 to 2 victory completed a 2 to and preamble be agreed to, en bloc, the title. 0 sweep of the heavily favored Texas motion to reconsider be laid upon the The legislative clerk read as follows: Longhorns; A resolution (S. Res. 418) designating Sep- Whereas the Fullerton team opened the table, and that any statements relating to the resolution be printed in the tember 2004 as ‘‘National Prostate Cancer season with 15 wins and 16 losses, then con- Awareness Month’’. tinued on to win 32 of the next 38 games, fin- RECORD, without intervening action or ishing with 47 wins and 22 losses in the reg- debate. There being no objection, the Senate ular season; The PRESIDING OFFICER. Without proceeded to consider the resolution. Whereas the Fullerton team won with the objection, it is so ordered. Mr. FRIST. Mr. President, I ask superlative pitching of Jason Windsor, who The resolution (S. Res. 417) was unanimous consent that the resolution threw a complete game and was named Most agreed to. be agreed to, the preamble be agreed Outstanding Player of the College World Se- to, the motion to reconsider be laid ries; The preamble was agreed to. The resolution, with its preamble, upon the table, and that any state- Whereas Kurt Suzuki broke a 2 and 20 ments relating to the resolution be slump with the game winning RBI single; reads as follows: printed in the RECORD. Whereas the Fullerton roster also includes S. RES. 417 Joe Turgeon, Justin Turner, Clark Hardman, The PRESIDING OFFICER. Without Whereas on May 31, 2004, the University of Mark Carroll, Blake Davis, Brett Pill, Ricky objection, it is so ordered. California at Los Angeles (‘‘UCLA’’) women’s Romero, J.D. McCauley, Mike Martinez, Neil The resolution (S. Res. 418) was softball team won the 2004 National Colle- Walton, Ronnie Prettyman, Eric Hale, Evan agreed to. giate Athletic Association (‘‘NCAA’’) cham- McArthur, Brandon Tripp, Shawn Scobee, The preamble was agreed to. pionship; Scott Sarver, Bobby Andrews, Felipe Garcia, The resolution, with its preamble, Whereas the 3 to 1 victory completed an- Ryan Schreppel, Danny Dorn, Armando reads as follows: other UCLA softball title run, this time over Carrasco, Jon Wilhite, Nolan Bruyninckx, the in-State rival, the California Bears; S. RES. 418 Lauren Gagnier, John Curtis, Evan Myrick, Whereas the victory marked UCLA’s tenth Whereas countless families in the United Dustin Miller, Vance Otake, Eric Echevarria, NCAA title in team history; States live with prostate cancer; P.J. Pilittere, Sergio Pedroza, Geoff Tesmer, Whereas the UCLA women’s softball team Whereas 1 in 6 men in the United States John Estes, Mark Davidson, and Vinnie ended the season with an impressive 47 to 9 will be diagnosed with prostate cancer in his Pestano; mark; lifetime; Whereas Fullerton Coach George Horton Whereas UCLA trailed 1 to 0 for the first 5 Whereas over the past decade, prostate was competing against his mentor, former innings, before Claire Sua tied the game with cancer has been the most commonly diag- Fullerton coach Augie Garrido, who led the a solo home run; nosed non-skin cancer and the second most Titans to 3 previous national championships; Whereas freshman pinch hitter Kristen common cancer killer of men in the United Whereas the coaching staff of George Hor- Dedmon hit a crucial 2–RBI single to give States; ton, Dave Serrano, Rick Vanderhook, and UCLA the lead; Whereas over 230,000 men in the United Chad Baum deserve much credit for the ac- Whereas senior pitcher Keira Goerl became States will be diagnosed with prostate can- complishments of their team; just the second pitcher in NCAA Division I cer and 29,900 men in the United States will Whereas the Fullerton baseball team has history to win multiple title games; die of prostate cancer in 2004, according to won national championships in 1979, 1984, Whereas the UCLA roster also includes American Cancer Society estimates; 1995, and 2004, making it the only team to Caitlin Benyi, Jaisa Creps, Lisa Dodd, An- Whereas 30 percent of new cases occur in win a national championship in each of the drea Duran, Alissa Eno, Tara Henry, Ashley men under the age of 65; past 4 decades; Herrera, Whitney Holum, Julie Hoshizaki, Whereas a man in the United States turns Whereas the students, alumni, faculty, and Jodie Legaspi, Stephanie Ramos, Nicole 50 years old about every 14 seconds, increas- supporters of Fullerton are to be congratu- Sandberg, Amanda Simpson, Shana Stewart, ing the occurrence of cancer and, particu- lated for their commitment and pride in Michelle Turner, and Emily Zaplatosch; larly, of prostate cancer; their institution: Now, therefore, be it Whereas African-American males suffer a Resolved, That the Senate— Whereas the coaching staff of Sue Enquist, prostate cancer incidence rate as much as 60 (1) congratulates the California State Uni- Kelly Inouye-Perez, and Gina Vecchione de- percent higher than White males and have versity, Fullerton Titans on their College serve much credit for the accomplishments double the mortality rates; World Series championship; of their team; Whereas obesity is a significant predictor (2) recognizes the achievements of the Whereas the UCLA team is the first team of prostate cancer severity and death; team; to defend its NCAA title since 1997; Whereas if a man in the United States has (3) requests that the President recognize Whereas UCLA has won 10 of a possible 23 1 family member diagnosed with prostate the outstanding accomplishments of the NCAA Division I softball championships; and cancer, he has double the risk of prostate team; and Whereas the students, alumni, faculty, and cancer, if he has 2 family members with such (4) directs the Secretary of the Senate to supporters of UCLA are to be congratulated diagnosis, he has 5 times the risk, and if he make available a copy of this resolution to for their commitment and pride in their in- has 3 family members with such diagnosis, California State University, Fullerton for stitution: Now, therefore, be it he has a 97-percent risk of prostate cancer; appropriate display and to transmit an en- Resolved, That the Senate— Whereas screening by both digital rectal rolled copy of this resolution to the 2004 (1) congratulates the University of Cali- examination and prostate specific antigen California State University, Fullerton team. fornia at Los Angeles Bruins on winning the 2004 National Collegiate Athletic Association blood test can diagnose the disease in earlier f Championship; and more treatable stages and reduce pros- CONGRATULATING THE UNIVER- (2) recognizes the achievements of the tate cancer mortality; SITY OF CALIFORNIA AT LOS team; Whereas ongoing research promises to fur- ther improvements in prostate cancer pre- ANGELES WOMEN’S SOFTBALL (3) requests that the President recognize the outstanding accomplishments of the vention, early detection, and treatments; TEAM team; and and Mr. FRIST. Mr. President, I ask (4) directs the Secretary of the Senate to Whereas educating people in the United unanimous consent that the Senate make available a copy of this resolution to States, including health care providers, proceed to the immediate consider- University of California at Los Angeles for about prostate cancer and early detection ation of S. Res. 417, submitted earlier appropriate display and to transmit an en- strategies is crucial to saving men’s lives rolled copy of this resolution to the 2004 Uni- and preserving and protecting families: Now, today by Senators FEINSTEIN and versity of California at Los Angeles women’s therefore, be it BOXER. softball team. Resolved, That the Senate— The PRESIDING OFFICER. The (1) designates September 2004 as ‘‘National f clerk will report the resolution by Prostate Cancer Awareness Month’’; title. NATIONAL PROSTATE CANCER (2) declares that the Federal Government The legislative clerk read as follows: AWARENESS MONTH has a responsibility to— A resolution (S. Res. 417) congratulating (A) raise awareness about the importance the University of California at Los Angeles Mr. FRIST. Mr. President, I ask of screening methods and treatment of pros- women’s softball team on winning the 2004 unanimous consent that the Senate tate cancer; National Collegiate Athletic Association proceed to the immediate consider- (B) increase research funding that is com- Championship. ation of S. Res. 418, which was sub- mensurate with the burden of the disease so

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00185 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8802 CONGRESSIONAL RECORD — SENATE July 22, 2004 that the causes of prostate cancer, and im- RECOGNIZING MEMBERS OF ator Jennings Randolph of West Virginia, proved screening, treatments, and a cure for AMVETS Senator Mark Hatfield of Oregon, Senator prostate cancer, may be discovered; and Nancy Kassebaum of Kansas, Senator Clai- (C) continue to consider ways for improv- Mr. FRIST. Mr. President, I ask borne Pell of Rhode Island, Representative ing the access to, and quality of, health care unanimous consent that the Senate Pat Williams of Montana, Representative services for detecting and treating prostate proceed to the immediate consider- Dante Fascell of Florida, Representative Dan cancer; and ation of H. Con. Res. 308, which is at Glickman of Kansas, Representative John (3) requests that the President issue a the desk. Porter of Illinois, as well as Members of Con- proclamation calling on the people of the The PRESIDING OFFICER. The gress today; United States, interested groups, and af- clerk will report the concurrent resolu- Whereas the Institute trains thousands of fected persons to— tion by title. government officials, military and law en- (A) promote awareness of prostate cancer; forcement personnel, humanitarian workers, (B) take an active role in the fight to end The legislative clerk read as follows: and civic activists from the United States the devastating affects of prostate cancer on A concurrent resolution (H. Con. Res. 308) and abroad in the skills of professional individuals, their families, and the economy; recognizing the Members of AMVETS for peacemaking; and their service to the Nation and supporting Whereas the Institute works to alleviate (C) observe the month of September 2004 the goal of AMVETS National Charter Day. religious and ethnic strife through medi- with appropriate ceremonies and activities. There being no objection, the Senate ation, training programs, research, and open- f proceeded to consider the concurrent ing of dialogue between and among religious factions; AUTHORIZING PRINTING OF A resolution. Mr. FRIST. Mr. President, I ask Whereas the Institute promotes the devel- COMMEMORATIVE DOCUMENT opment of the rule of law in post-conflict and Mr. FRIST. Mr. President, I ask unanimous consent that the concur- transitional societies and provides assist- unanimous consent that the Senate rent resolution be agreed to, the pre- ance on constitution-drafting, judicial and proceed to the immediate consider- amble be agreed to, the motion to re- police reform, law revision, and war crimes ation of S. Con. Res. 135, which is at consider be laid upon the table, and accountability; Whereas the Institute examines the role of the desk. that any statements relating to the concurrent resolution be printed in the the media in international conflict including The PRESIDING OFFICER. The incitement and freedom of the press; clerk will report the concurrent resolu- RECORD. The PRESIDING OFFICER. Without Whereas the Institute attracts new genera- tion by title. tions to the practice of peacemaking and has The legislative clerk read as follows: objection, it is so ordered. funded more than 150 graduate students as A concurrent resolution (S. Con. Res. 135) The concurrent resolution (H. Con. Peace Scholars specializing in the resolution authorizing the printing of a commemora- Res. 308) was agreed to. and management of international conflict; tive document in memory of the late Presi- The preamble was agreed to. Whereas the Institute brings together dent of the United States, Ronald Wilson f practitioners and scholars from around the Reagan. world as fellows in the distinguished Jen- There being no objection, the Senate THE CALENDAR nings Randolph Fellows Program to advance proceeded to consider the concurrent knowledge and to publish reports and books Mr. FRIST. Mr. President, I ask on topics related to the peaceful resolution resolution. unanimous consent that the Senate of international conflict; Mr. FRIST. Mr. President, I ask proceed to the immediate consider- Whereas the Institute has trained hundreds unanimous consent that the concur- ation of Calendar Nos. 647, 648, 649, and of teachers and enhanced curricular mate- rent resolution be agreed to, the mo- 650, en bloc, that the resolutions be rials related to international conflict, and tion to reconsider be laid upon the agreed to, the preambles be agreed to, has conducted educational seminars for table, and that any statements relating and the motions to reconsider be laid thousands of educators at schools and uni- to the concurrent resolution be printed upon the table, all en bloc. versities around the country; in the RECORD. Whereas the Institute is strengthening cur- The PRESIDING OFFICER. Without ricula and instruction, from high school The PRESIDING OFFICER. Without objection, it is so ordered. objection, it is so ordered. through graduate school, on the changing f character of international conflict and non- The concurrent resolution (S. Con. violent approaches to managing inter- Res. 135) was agreed to, as follows: COMMENDING THE UNITED national disputes and has inspired the cre- S. CON. RES. 135 STATES INSTITUTE OF PEACE ation of dozens of courses and programs dedi- Resolved by the Senate (the House of Rep- ON THE OCCASION OF ITS 20TH cated to these topics; resentatives concurring), ANNIVERSARY Whereas the Institute has made more than SECTION 1. COMMEMORATIVE DOCUMENT AU- 1,500 grants totaling nearly $50,000,000 to in- THORIZED. The concurrent resolution (S. Con. dividuals and nonprofit organizations in 48 A commemorative document in memory of Res. 109) commending the United States in support of educational, training, the late President of the United States, Ron- States Institute of Peace on the occa- and research projects that have helped define ald Wilson Reagan, consisting of the eulogies sion of its 20th anniversary and recog- and build the field of conflict prevention and and encomiums for Ronald Wilson Reagan, nizing the Institution for its contribu- conflict management in more than 64 foreign as expressed in the Senate and the House of tion to international conflict resolu- countries; Representatives, together with the texts of tion was considered and agreed to, as Whereas the Institute contributes to the the state funeral ceremony at the United follows: advancement of conflict resolution edu- States Capitol Rotunda, the national funeral cation by awarding college scholarships to service held at the Washington National Ca- S. CON. RES. 109 high school students through the annual Na- thedral, Washington, District of Columbia, Whereas the United States Institute of tional Peace Essay Contest, training and de- and the interment ceremony at the Ronald Peace (the Institute) was established by Con- veloping teaching guides for high school Reagan Presidential Library, Simi Valley, gress in 1984 as an independent, nonpartisan teachers, awarding grants to university stu- California, shall be printed as a Senate docu- Federal institution dedicated to the preven- dents pursuing doctoral degrees in inter- ment, with illustrations and suitable bind- tion, management, and peaceful resolution national conflict resolution, and awarding ing. of international conflict; grants to universities and professors in the SEC. 2. PRINTING OF DOCUMENT. Whereas the Institute fulfills its mandate United States researching international con- In addition to the usual number of copies from Congress through programs and flict resolution; printed, there shall be printed the lesser of— projects that support peacemaking and the Whereas the Institute works to bridge the (1) 32,500 copies of the commemorative doc- peaceful resolution of conflict abroad; divide with the Muslim world and facilitate ument, of which 22,150 copies shall be for the Whereas the Institute’s broad congres- cross cultural dialogue around the world, in- use of the House of Representatives and sional mandate has allowed the Institute to cluding in Russia and China; 10,350 copies shall be for the use of the Sen- become a valued source of innovative ideas Whereas the Institute’s Balkans Initiative ate; or and practical policy analysis on peace- has made positive contributions to (2) such number of copies of the commemo- making in zones of conflict around the peacebuilding in that region including the rative document that does not exceed a pro- world, thereby enhancing United States for- facilitation of the Roundtable on Justice and duction and printing cost of $1,000,000, with eign policy; Reconciliation in Bosnia and Herzegovina distribution of the copies to be allocated in Whereas the Institute is the result of long- wherein key officials of the 3 ethnic groups— the same proportion as described in para- term public interest and dedication from Croats, Serbs, and Muslims—came together graph (1). Senator Spark Matsunaga of Hawaii, Sen- to discuss war crimes;

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00186 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8803 Whereas the Institute has provided assist- ment of peace and conflict resolution edu- SMOKEY THE BEAR’S 60TH ance to the Afghan judicial system by help- cation; ANNIVERSARY ing to locate, reproduce, translate, and dis- (4) expresses appreciation to the founding tribute copies of Afghanistan’s legal code, men and women of the Institute and the sup- The resolution (S. Res. 404) desig- which was destroyed by the Taliban and fa- port from the people of the United States; nating August 9, 2004, as ‘‘Smokey cilitated discussions among the key institu- (5) congratulates the Institute on its 20th Bear’s 60th Anniversary’’ was consid- tions in the administration of criminal law anniversary and on its achievements in ful- ered and agreed to as follows: and justice in Afghanistan; filling its mandate from Congress; and S. RES. 404 Whereas the Institute assisted President (6) directs the Secretary of the Senate to with the development of make available an enrolled copy of this reso- Whereas Smokey Bear’s service to the South Africa’s Truth and Reconciliation lution to the Institute. United States for 60 years has protected the Commission that was instrumental in pre- Nation’s forests above and beyond the call of duty; venting post-apartheid bloodshed; f Whereas the Institute developed a detailed Whereas Smokey Bear has been dedicated plan to handle accountability in the wake of to educating Americans of all ages and par- the 1994 genocide in Rwanda, which became NATIONAL VETERANS AWARENESS ticularly America’s youth, the future stew- the basis for Rwandan Genocide Law, and as- WEEK ards of our forests, about the need for vigi- sisted the Government of Rwanda in the im- lance concerning forest health and wildfires; plementation of the Law; The resolution (S. Res. 401) desig- Whereas Smokey Bear’s message of vigi- Whereas the Institute continues to work nating the week of November 7 through lance can also be applied to the need (1) to on the formation of a formal Israeli-Pales- November 13, 2004, as ‘‘National Vet- remove unnatural accumulations of haz- tinian Joint Legal Committee to address erans Awareness Week’’ to emphasize ardous fuels from the public forests of the United States; (2) to clear defensible space legal issues and develop common approaches the need to develop educational pro- between the 2 different legal systems; around homes and escape routes in the grams regarding the contributions of wildland-urban interface; and (3) to suppress Whereas the Institute is committed to sup- veterans to the country was considered porting religious coexistence and under- forest fires that threaten communities or standing in the Middle East, and elsewhere and agreed to, as follows: valuable natural resources; Whereas the Smokey Bear campaign is the in the world; S. RES. 401 Whereas the Institute has served as advisor longest running public service campaign in Whereas tens of millions of Americans the history of the United States; and principal financial supporter of the Alex- have served in the Armed Forces of the andria process, a group of prominent Mus- Whereas Smokey Bear was the first indi- United States during the past century; vidual animal ever to be honored on a post- lim, Jewish, and Christian leaders from Whereas hundreds of thousands of Ameri- Israel, the Palestinian Authority, and Egypt, age stamp; cans have given their lives while serving in Whereas the Forest Service of the Depart- who in January 2002 produced the ‘‘Alexan- the Armed Forces during the past century; dria Declaration’’, a 7-point statement that ment of Agriculture is committed to increas- Whereas the contributions and sacrifices of ing public information and awareness about calls, in the name of the 3 Abrahamic faiths, the men and women who served in the Armed for the end to bloodshed in the Holy Land; wildfires and forest protection; Forces have been vital in maintaining the Whereas the Forest Service of the Depart- Whereas the Institute uses its convening freedoms and way of life enjoyed by the peo- power to bring together policymakers and ment of Agriculture is devoted to changing ple of the United States; the public’s behavior concerning wildfires in experts on North Korea to discuss issues of Whereas the advent of the all-volunteer security and proliferation on the Korean pe- an effort to maintain and protect the natural Armed Forces has resulted in a sharp decline resources and wildlife of the United States; ninsula and develop policy recommenda- in the number of individuals and families tions; and who have had any personal connection with Whereas the Forest Service of the Depart- Whereas the Institute is facilitating peace the Armed Forces; negotiations between the Government of the ment of Agriculture, the National Associa- Whereas this reduction in familiarity with tion of State Foresters, and the Advertising Philippines and the Moro Islamic Liberation the Armed Forces has resulted in a marked Front—a Muslim insurgent group operating Council have provided extraordinary support decrease in the awareness by young people of and dedication to the purpose and efforts of in the southern island of Mindanao; the nature and importance of the accom- Whereas the Institute is organizing pro- Smokey Bear: Now, therefore, be it plishments of those who have served in the Resolved, That the Senate— grams in Iraq to strengthen the pillars of Armed Forces, despite the current edu- civil society and to contribute to stabiliza- (1) designates August 9, 2004, as ‘‘Smokey cational efforts of the Department of Vet- Bear’s 60th Anniversary’’; and tion and post-conflict peacebuilding, includ- erans Affairs and the veterans service orga- ing training in conflict resolution for Iraqi (2) requests that the President issue a nizations; proclamation calling upon the people of the security officials, orientation training for Whereas the system of civilian control of personnel from the United States, United States to observe the day with appro- the Armed Forces makes it essential that priate ceremonies and activities. grantmaking to Iraqi organizations, collabo- the future leaders of the Nation understand ration with Iraqi universities, support for the history of military action and the con- f interethnic and interreligious dialogue, and tributions and sacrifices of those who con- assistance with rule of law issues; and duct such actions; and Whereas the Institute endeavors with the Whereas, on November 10, 2003, President NATIONAL MAMMOGRAPHY DAY support of Congress in a public-private part- George W. Bush issued a proclamation urg- The resolution (S. Res. 407) desig- nership to build a permanent headquarters ing all the people of the United States to ob- nating October 15, 2004, as ‘‘National on the National Mall as a working center on serve November 9 through November 15, 2003, peace, education, training in conflict man- Mammography Day’’ was considered as ‘‘National Veterans Awareness Week’’: and agreed to as follows: agement skills, and the promotion of applied Now, therefore, be it programs dedicated to resolution of inter- S. RES. 407 Resolved, national conflict: Now, therefore, be it Whereas according to the American Cancer Resolved by the Senate (the House of Rep- SECTION 1. NATIONAL VETERANS AWARENESS Society, in 2004, 215,990 women will be diag- WEEK. resentatives concurring), That Congress— nosed with breast cancer and 40,110 women (1) recognizes the importance of the found- (a) SENSE OF THE SENATE.—It is the sense will die from this disease; ing of the United States Institute of Peace of the Senate that the President should des- Whereas it is estimated that about 2,000,000 (the Institute) as a national and inter- ignate the week of November 7 through No- women were diagnosed with breast cancer in national resource for peaceful conflict man- vember 13, 2004, as ‘‘National Veterans the 1990s, and that in nearly 500,000 of those agement and looks forward to continuing to Awareness Week’’. cases, the cancer resulted in death; gain from its knowledge, teaching, and prac- (b) PROCLAMATION.—The Senate requests Whereas African-American women suffer a tical applications of conflict management as the President to issue a proclamation— 30 percent greater mortality from breast a way to promote United States security and (1) designating the week of November 7 cancer than White women and more than a peace in the world; through November 13, 2004, as ‘‘National Vet- 100 percent greater mortality from breast (2) recognizes that the Institute has be- erans Awareness Week’’ for the purpose of cancer than women from Hispanic, Asian, come an important national resource for emphasizing educational efforts directed at and American Indian populations; educational, training, and applied programs elementary and secondary school students Whereas the risk of breast cancer increases in the prevention, management, and resolu- concerning the contributions and sacrifices with age, with a woman at age 70 having tion of international conflict; of veterans; and twice as much of a chance of developing the (3) acknowledges the Institute’s contribu- (2) calling on the people of the United disease as a woman at age 50; tion to building the Nation’s capabilities for States to observe National Veterans Aware- Whereas at least 80 percent of the women the prevention, management, and resolution ness Week with appropriate educational ac- who get breast cancer have no family history of international conflict and the advance- tivities. of the disease;

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00187 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8804 CONGRESSIONAL RECORD — SENATE July 22, 2004 Whereas mammograms, when operated ployment experience be transferred There being no objection, the Senate professionally at a certified facility, can pro- with a business once it is transferred to proceeded to consider the bill. vide safe screening and early detection of another employer. It also imposes pen- Mr. FRIST. I ask unanimous consent breast cancer in many women; alties when the law is violated. that the resolution and preamble be Whereas mammography is an excellent method for early detection of localized SUTA dumping was first exposed in agreed en bloc, the motion to recon- breast cancer, which has a 5-year survival December 2002 by the Labor Depart- sider be laid upon the table, and any rate of more than 97 percent; ment’s Employment and Training Ad- statements relating to the bill be Whereas the National Cancer Institute and ministration. Since then several States printed in the RECORD, with the above the American Cancer Society continue to have enacted SUTA dumping legisla- occurring with no intervening action recommend periodic mammograms; and tion, including Arkansas, Maine, North or debate. Whereas the National Breast Cancer Coali- Carolina and Washington. Though ac- The PRESIDING OFFICER. Without tion recommends that each woman and her cording to the General Accounting Of- objection, it is so ordered. health care provider make an individual de- The resolution (S. Res. 221) was cision about mammography: Now, therefore, fice, three-fifths of State unemploy- be it ment administrators indicated their agreed to. Resolved, That the Senate— State law is unable to combat the prob- The preamble was agreed to. (1) designates October 15, 2004, as ‘‘Na- lem. The resolution, with its preamble, tional Mammography Day’’; and H.R. 3463 also includes language to reads as follows: (2) requests that the President issue a make sure unemployment insurance S. RES. 221 proclamation calling upon the people of the payments are not fraudulently paid to Whereas there are 105 historically Black United States to observe the day with appro- people who have returned to work. The colleges and universities in the United priate programs and activities. legislation includes a new hire data- States; f base provision that authorizes States Whereas historically Black colleges and to access nationwide work history in- universities are credited with making higher AMENDING TITLES III AND IV OF education financially attainable for individ- SOCIAL SECURITY ACT formation to ensure that workers on a uals who otherwise may not have been able payroll are not also collecting an un- to afford postsecondary education; Mr. FRIST. Mr. President, I ask employment check. unanimous consent that the Senate Whereas historically Black colleges and The Congressional Budget Office esti- universities have significant success rates. proceed to the consideration of H.R. mates that H.R. 3463 will decrease the Whereas historically Black colleges and 3463, which is at the desk. Federal deficit by $499 million over 5 universities provide a supportive social, cul- The PRESIDING OFFICER. The years and $510 million over 10 years. tural, and racial environment for people of clerk will report the bill by title. The savings result from increased col- color who are seeking a college education; Whereas in the United States historically The legislative clerk read as follows: lections from employers who are cur- A bill (H.R. 3463) to amend titles III and IV Black colleges and universities have edu- rently engaging in SUTA dumping, and cated 75 percent of all Blacks having Ph.D.s, of the Social Security Act to improve the ad- additional savings from eliminating ministration of unemployment taxes and 46 percent of all Black business executives, benefits. fraudulent unemployment insurance 50 percent of all Black engineers, and 80 per- payments to employed workers. The cent of all Black Federal judges; There being no objection, the Senate SUTA dumping provision will reduce Whereas in the United States historically proceeded to consider the bill. the Federal deficit by $429 million over Black health professional schools have Mr. NICKLES. Mr. President, I rise 10 years, and the new hire database trained an estimated 40 percent of all Black dentists, 50 percent of all Black pharmacists, in support of H.R. 3463, the SUTA provision by $81 million over 10 years. Dumping Prevention Act of 2003. This and 75 percent of all Black veterinarians; These revenues will be added to un- Whereas in the United States historically bill cleared the House on July 14 by employment trust funds, which include voice vote, and was held at the desk in Black colleges and universities have edu- triggers that lower unemployment tax cated an estimated 50 percent of all Black at- the Senate to facilitate its quick pas- rates as trust fund balances rise. En- torneys and 75 percent of all Black military sage. On July 15, I introduced a com- actment of H.R. 3463 promotes fairness officers; and ENNEDY, S. panion bill with Senator K and will lead to reduced tax rates for Whereas historically Black colleges and 2662, and it is cosponsored by Senators employers who are today overtaxed. universities have produced Members of the GRASSLEY, BAUCUS, ENSIGN, LEVIN, United States Congress, State legislators, Mr. FRIST. I ask unanimous consent GREGG and MURRAY. writers, musicians, actors, engineers, jour- that the bill be read a third time and SUTA stands for State Unemploy- nalists, teachers, scholars, judges, pilots, ac- passed, the motion to reconsider be ment Tax Avoidance. This bill address- tivists, business leaders, lawyers, and doc- laid upon the table, and that any state- tors: Now, therefore, be it es employers who have lowered their ments relating to the bill be printed in Resolved, That the Senate— State unemployment tax rate by the RECORD. (1) fully supports the goals and ideals of changing their ‘‘experience rating.’’ The PRESIDING OFFICER. Without National Historically Black Colleges and Experience rating is used to determine objection, it is so ordered. Universities; an employer’s unemployment tax rate. (2) salutes and acknowledges historically The bill (H.R. 3463) was read the third It means that companies who have laid Black colleges and universities and their time and passed. off more workers are required to pay presidents, faculties, staff, and trustees for more in State unemployment taxes, f their vigorous and persistent efforts in sup- port of equal opportunity in higher edu- and companies that have had fewer lay- RECOGNIZING NATIONAL HISTORI- cation; offs pay less. Experience rating pro- CALLY BLACK COLLEGES AND (3) commends the students who benefit vides several incentives for employers, UNIVERSITIES from historically Black colleges and univer- including encouraging employers to Mr. FRIST. I ask unanimous consent sities for their pursuit of academic excel- maintain a stable workforce, and an in- that the HELP Committee be dis- lence; and centive to contest claims when em- (4) requests that the President issue a charged from further consideration of proclamation calling on the people of the ployees quit or are fired for cause. S. Res. 221 and that the Senate then This legislation cracks down on em- United States and interested groups to con- proceed to its immediate consider- duct appropriate ceremonies, activities, and ployers who intentionally avoid paying ation. programs to demonstrate support for histori- their fair share of State unemployment The PRESIDING OFFICER. Without cally Black colleges and universities in the taxes. It prohibits shifting employees objection, it is so ordered. United States. into shell companies with the sole pur- The clerk will report the resolution f pose being to avoid paying the proper by title. CONGRESSIONAL AWARDS GOLD amount in unemployment taxes by The legislative clerk read as follows: changing their experience rating. H.R. MEDAL RECIPIENTS A resolution (S. Res. 221) recognizing Na- 3463 ends this abusive practice by re- tional Historically Black Colleges and Uni- Mr. FRIST. I ask unanimous consent quiring States to deter tax rate manip- versities and the importance and accom- that the Governmental Affairs Com- ulation and prevent SUTA dumping by plishments of historically Black colleges and mittee be discharged from further con- requiring that tax rate-related unem- universities. sideration of S. Res. 400 and the Senate

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00188 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8805 proceed to its immediate consider- Laura Honan, Lindsey Howard, Harry Kline The preamble was agreed to. Howell III, Dermot Sean Hoyne, Daniel ation. The resolution, with its preamble, The PRESIDING OFFICER. Without Hults, Manuel Ibarra, Angeles Jacobo, Jen- reads as follows: objection, it is so ordered. nifer Anne Jasper, Sarah Jennings, Tabitha Jennings, Tyler Jussel, Atul Kapila, Nikolas The clerk will report the resolution S. RES. 409 Kappy, Megan Kavanagh, Cristina Kavendek, by title. Abbie Klinghoffer, Alexander J. Knihnicky, Whereas approximately 13,000,000 individ- The legislative clerk read as follows: Ross Kozarsky, Jeffrey David Lambin, An- uals in the United States have serious long- A resolution (S. Res. 400) recognizing the drew Langfield, Heather R. Leung-Van term health conditions that may force them 2004 Congressional Awards Gold Medal Re- Hassel, Grace Lichlyter, Zachary Myles to seek assistance with daily tasks; cipients. Lindsay, Jessica M. Link, Katherine Victoria Whereas 56 percent of the individuals in There being no objection, the Senate Lugar, Ryan MacCluen, Raul Magdaleno, the United States with serious long-term proceeded to consider the resolution. Raymond Malapero, Jonathan R. Mason, Re- health conditions are age 65 or older; Whereas the percentage of the population Mr. FRIST. I ask unanimous consent becca N. Massicotte, Kelly McCormick, Ben- jamin McDonough, Alyssa McIntyre, over the age of 65 is expected to rise from 13 that the resolution be agreed to, the Richelle Milburn, Sri Hari Miskin, Sarath percent in 2004 to 20 percent in 2020; preamble be agreed to, the motion to Mom, Eric Moulton, Kathleen Mullins, Sarah Whereas the number of individuals enter- reconsider be laid upon the table, and Mullins, Carolina Munoz, Christine Murray, ing the workforce and the number of health that any statements relating to the Kathleen Murray, Samuel Nassie, Douglas care professionals with geriatric training are resolution be printed in the RECORD. Neder, Matthew Neder, Patrick Novak, Ri- not keeping pace with the changing demo- The PRESIDING OFFICER. Without cardo Nunez, Maria Fatima Olvera-Santana, graphics; objection, it is so ordered. Sona Or, Lauren Pace, Colby Patchin, Emily Whereas medicaid paid for 51 percent of The resolution (S. Res. 400) was C. Patchin, Jamin Patel, Elizabeth Philbin, total long-term care spending in 2002, as agreed to. Daniel R. Philbrick, Lauren Priori, Christy compared to the 15 percent of total long- Pugh, Hannah Qualls, Sarah Raymond, Brett term care spending paid by medicare; The preamble was agreed to. Rendina, Kristen N. Richter, Margarete Whereas the long-term care system of the The resolution, with its preamble, Rosenkranz, Erin Rosen-Watson, Julie United States, funded largely with Federal reads as follows: Rothfarb, Sarah Ann Rudoff, Maggie Salter, and State dollars, will have difficulty sup- S. RES. 400 Stacia Scattolon, Jessinah Schaefer, Rachel porting the coming demographic shift; Whereas today’s youth are vital to the Lyn Schmidt, Lindsay Schroeder, Megan Whereas 80 percent of seniors live at home preservation of our country and will be the Schroeder, Loni L. Schumacher, Magan or in community-based settings; future bearers of the bright torch of democ- Lindsey Scott, Mallory J. Selzer, Jessica Whereas 3,900,000 people of the United racy; Seppi, Anupriya Singhal, Elyssa Starr Sisko, States who are over age 65 receive long-term Whereas youth need positive direction as Geoffrey Morgan Smith, Kayla Smith, Mi- care assistance in home and community set- they transition into adulthood; chael Smyth, Eric Snyder, Karin Marie Spin- tings; Whereas the United States needs increased dler, Georgia Stegall, Charles Strong, Jared Whereas 65 percent of seniors who need numbers of community volunteers acting as Cameron Sullivan, Danielle Sutter, long-term care rely exclusively on friends positive influences on the Nation’s youth; Creighton Lee Taylor, Matthew M. Thies, and family, and another 30 percent rely on a Whereas the Congressional Awards pro- Sarah Tipton, Erick Todd, Elaine Trahan, combination of paid caregivers and friends or gram is committed to recognizing our Na- Landon Trost, Christine Truesdell, Georgette family; tion’s most valuable asset, our youth, by en- Tzatzalos, Staff Sergeant Cornelio Umali, Whereas 15 percent of all seniors over the couraging them to set and accomplish goals Lacey VanderBoegh, Katherine Warner, age of 65 suffer from depression; in the areas of volunteer public service, per- Emily J. Warren, Kate V. Warren, Brian Whereas studies have suggested that 25 to sonal development, physical fitness, and ex- Washakowski, Crystal-Mae Waugh, Elyse 50 percent of nursing home residents are af- pedition/exploring; Weissman, Joanna Whitten, Brent Wright, fected by depression; Whereas more than 14,000 young people Chantelle Wright, Trevor John Wright, Whereas approximately 1,450,000 people live have been involved in the Congressional Christopher Zaehringer, Brian Zobel, Chris- in nursing homes in the United States; Awards program this year; topher Zobel, and Matthew Zobel; and Whereas by 2018 there will be 3,600,000 sen- Whereas through the efforts of dedicated (2) requests that the President issue a iors in need of a nursing home bed, which advisors across the country this year 176 stu- proclamation calling upon the people of the will be an increase of more than 2,000,000 dents earned the Congressional Award Gold United States and interested groups to pro- from 2004; Medal; and mote awareness of and volunteer involve- Whereas as many as 60 percent of nursing Whereas increased awareness of the pro- ment in the Congressional Awards program. home residents do not have regular visitors; gram’s existence will encourage youth f Whereas older patients with significant throughout the Nation to become involved symptoms of depression have significantly with the Congressional Awards: Now, there- ENCOURAGING INCREASED IN- higher health care costs than seniors who fore, be it VOLVEMENT IN ASSISTING SEN- are not depressed; Resolved, That the Senate— IOR CITIZENS Whereas people who are depressed tend to (1) Recognizes the 2004 Congressional Mr. FRIST. I ask unanimous consent be withdrawn from their community, friends, Award Gold Medal recipients: Kori Agin-Bat- that the Judiciary Committee be dis- and family; ten, Elsbeth Allen, Noah Anderson, Geoffrey charged from further consideration of Whereas the Corporation for National and Patrick Arai, Kristyn Amour, Stephen Community Service (CNS) Senior Corps pro- Asker, Benjamin Jacob Ulrich Banwart, Eliz- S. Res. 409 and that the Senate proceed grams currently provide seniors with the op- abeth Barker, Robert G. Barnett, Chris- to its immediate consideration. portunity to serve their communities topher Belcher, Regina Bennis-Hartman, The PRESIDING OFFICER. Without through the Retired and Senior Volunteer Samuel B. Blumberg, Christopher Bosch, objection, it is so ordered. Program, Foster Grandparent Program, and Barrett Brandon, Blair Brandon, Brooke The clerk will report the resolution Senior Companion Program; Brandon, Lindsey Buscemi, Adam M. Cain, by title. Whereas through the Senior Companion Daniel Campis, Tina Cannon, Kent Cheung, The legislative clerk read as follows: Program in particular, in the 2002 to 2003 Alexander Chun, Madeleine Clark, Sarah A resolution (S. Res. 409) encouraging in- program year, more than 17,000 low-income Clark, Michael Clontz, Michelle Coxe, Jer- creased involvement in service activities to seniors volunteered their time assisting emy Crump, Kimberly Dahl, Dung Dam, assist senior citizens. 61,000 frail elderly and homebound individ- Quoc Dam, Tri Dam, Kaitlin Davis, Deanna uals who have difficulty completing daily M. DeGregorio, Erin J. DeGroot, Katherine There being no objection, the Senate tasks; D. DeGroot, John Daniel DeJarnette, Clifton proceeded to consider the resolution. Whereas numerous volunteer organizations Michael Der Bing, Joshua W. Detherage, Mr. FRIST. I ask unanimous consent across the United States enable Americans Christina Dodson, Matthew Doumar, Lindsay that the resolution be agreed to, the of all ages to participate in similar activi- Madison Elgart, Marisa Enrico, Elizabeth preamble be agreed to, the motion to ties; Erratt, Julia Evans, Dewan Kazi Farhana, reconsider be laid upon the table, with Whereas Faith in Action, 1 volunteer orga- Amanda Feldman, Sarah Finch, Justin no intervening action or debate, and nization, brings together 40,000 volunteers of Floyd, Amanda Flynn, Richard Zachary that any statements relating to the many faiths to serve 60,000 homebound peo- Freed, Rigoberto Garcia, Yaneth Garcia- ple with long-term health needs or disabil- Lopez, Amanda Gersch, Cory Gibson, Anna resolution be printed in the RECORD. ities across the country, 64 percent of whom Gorin, Arielle Gorin, Gina Marie Gormley, The PRESIDING OFFICER. Without are 65 years of age or older; Daniel Grad, Tabitha Grad, Rebecca Marie objection, it is so ordered. Whereas the thousands of volunteers that, Green, Megan Hanson, Nicole Hanson, Ryan The resolution (S. Res. 409) was through the Senior Companion Program and Headley, John Baron Hoff, Jessica Honan, agreed to. volunteer organizations nationwide, provide

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00189 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8806 CONGRESSIONAL RECORD — SENATE July 22, 2004 companionship and assistance to frail elder- The PRESIDING OFFICER. Without There being no objection, the Senate ly individuals and homebound seniors, de- objection, it is so ordered. proceeded to consideration of the con- serve to be commended for their work; The concurrent resolution (S. Con. current resolution. Whereas the demand for these services out- Res. 112) was agreed to. Mr. FRIST. I further ask unanimous strips the number of volunteers, and organi- zations are seeking to enlist more individ- The preamble was agreed to. consent the concurrent resolution be uals in the United States in the volunteer ef- The concurrent resolution, with its agreed to, the preamble be agreed to, fort; preamble, reads as follows: and the motion to reconsider be laid on Whereas companionship and assistance S. CON. RES. 112 the table, all with no intervening ac- programs for seniors with long-term health Whereas the Purple Heart is the oldest tion or debate, and any statements be needs offer many demonstrated benefits, military decoration in the world in present printed in the RECORD. such as: allowing frail elderly individuals to use; The PRESIDING OFFICER. Without remain in their homes; enabling seniors to Whereas the Purple Heart is awarded in objection, it is so ordered. maintain independence for as long as pos- the name of the President of the United The concurrent resolution (H. Con. sible; providing encouragement and friend- States to members of the Armed Forces who ship to lonely seniors; and providing relief to Res. 439) was agreed to. are wounded in conflict with an enemy force The preamble was agreed to. family caregivers; or are wounded while held by an enemy force Whereas regular visitation and assistance as prisoners of war, and posthumously to the f is the best way of assuring seniors that they next of kin of members of the Armed Forces have not been forgotten, and State and local who are killed in conflict with an enemy APPOINTMENT recognition of regular visitation programs force or who die of a wound received in con- The PRESIDING OFFICER. The can call further attention to the importance flict with an enemy force; Chair, on behalf of the majority leader, of volunteering on an ongoing basis; and Whereas the Purple Heart was established Whereas a month dedicated to service for after consultation with the ranking on August 7, 1782, during the Revolutionary member of the Senate Committee on seniors and recognized across the United War, when General George Washington States will call attention to volunteer orga- issued an order establishing the Honorary Finance, pursuant to Public Law 106– nizations serving seniors and provide a plat- Badge of Distinction, otherwise known as 170, announces the appointment of the form for recruitment efforts: Now, therefore, the Badge of Military Merit; following individual to serve as a mem- be it Whereas the award of the Purple Heart ber of the Ticket to Work and Work In- Resolved, That the Senate— ceased with the end of the Revolutionary (1) designates September 2004 as ‘‘Service centives Advisory Panel: Thomas P. War, but was revived in 1932, the 200th anni- Golden of Tennessee. for Seniors Month’’; versary of George Washington’s birth, out of (2) recognizes the need for companionship respect for his memory and military achieve- f and assistance with daily tasks among sen- ments; and AUTHORIZING THE MAJORITY iors with long-term health conditions Whereas National Purple Heart Recogni- throughout the year, and encourages the tion Day is a fitting tribute to George Wash- LEADER OR ASSISTANT MAJOR- people of the United States to volunteer reg- ington and to the more than 1,535,000 recipi- ITY LEADER AND THE SENIOR ularly with homebound frail elderly or at a ents of the Purple Heart, approximately SENATOR FROM VIRGINIA TO nursing home or long-term care facility; 550,000 of whom are still living: Now, there- SIGN DULY ENROLLED BILLS OR (3) encourages volunteer organizations fore, be it JOINT RESOLUTIONS that offer companionship and assistance to Resolved by the Senate (the House of Rep- seniors to incorporate ‘‘Service for Seniors resentatives concurring), That Congress— Mr. FRIST. I ask unanimous consent Month’’ in their recruitment efforts; (1) supports the goals and ideals of Na- that during the adjournment of the (4) encourages individuals in the United tional Purple Heart Recognition Day; Senate, the majority leader or assist- States to volunteer in these service organi- (2) encourages all people of the United ant majority leader and the senior Sen- zations in order to give back to a generation States to learn about the history of the Pur- ator from Virginia be authorized to that sacrificed so much; and ple Heart and to honor its recipients; and sign duly enrolled bills or joint resolu- (5) requests that the President issue a (3) requests that the President issue a proclamation calling on the people of the tions. proclamation calling on the people of the The PRESIDING OFFICER. Without United States and interested groups to ob- United States to conduct appropriate cere- serve ‘‘Service for Seniors Month’’ with ap- monies, activities, and programs to dem- objection, it is so ordered. propriate ceremonies and activities that pro- onstrate support for people who have been f mote awareness of, and volunteer involve- awarded the Purple Heart. ment service for, seniors with long-term AUTHORIZING COMMITTEES TO health needs. f REPORT LEGISLATIVE AND EX- f ECUTIVE MATTERS HONORING THE MEMBERS OF THE SUPPORTING THE GOALS AND ARMY MOTOR TRANSPORT BRI- Mr. FRIST. I ask unanimous consent IDEALS OF NATIONAL PURPLE GADE WHO DURING WORLD WAR that notwithstanding the Senate’s ad- HEART RECOGNITION DAY II SERVED IN THE TRUCKING OP- journment, committees be authorized Mr. FRIST. Mr. President, I ask ERATION KNOWN AS THE RED to report legislative and executive unanimous consent the Armed Services BALL EXPRESS FOR THEIR matters on Wednesday, August 25, from Committee be discharged from further SERVICE AND CONTRIBUTION TO 10 a.m. to 12 noon. consideration of S. Con. Res. 112, and THE ALLIED ADVANCE FOL- The PRESIDING OFFICER. Without that the Senate proceed to its imme- LOWING THE D-DAY INVASION objection, it is so ordered. diate consideration. OF NORMANDY, FRANCE f The PRESIDING OFFICER. Without Mr. FRIST. I ask unanimous consent objection, it is so ordered. The clerk AUTHORIZING APPOINTMENTS BY the Armed Services Committee be dis- will report the concurrent resolution THE PRESIDENT OF THE SEN- charged from further consideration of by title. ATE, THE PRESIDENT OF THE H. Con. Res. 439, and that the Senate The legislative clerk read as follows: SENATE PRO TEMPORE, AND proceed to its immediate consider- THE MAJORITY AND MINORITY A concurrent resolution (S. Con. Res. 112) ation. supporting the goals and ideals of National LEADERS The PRESIDING OFFICER. Without Purple Heart Recognition Day. Mr. FRIST. I ask unanimous consent objection, it is so ordered. The clerk There being no objection, the Senate that notwithstanding the upcoming re- will report the concurrent resolution proceeded to consideration of the con- cess or adjournment of the Senate, the by title. current resolution. President of the Senate, The President The legislative clerk read as follows: Mr. FRIST. I ask unanimous consent pro tempore, and the majority and mi- the concurrent resolution be agreed to, A concurrent resolution (H. Con. Res. 439) nority leaders be authorized to make the preamble be agreed to, the motion honoring the members of the Army Motor appointments to commissions, commit- Transport Brigade who during World War II to reconsider be laid on the table with served in the trucking operation known as tees, boards, conferences, or inter- no intervening action or debate, and the Red Ball Express for their service and parliamentary conferences authorized any statements be printed in the contribution to the Allied advance following by law, by concurrent action of the two RECORD. the D-Day invasion of Normandy, France. Houses, or by order of the Senate.

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00190 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2004 CONGRESSIONAL RECORD — SENATE S8807 The PRESIDING OFFICER. Without for the two leaders be reserved for their The distinguished majority leader objection, it is so ordered. use later in the day, and the Senate and his staff indicated—I also want the f then begin a period of morning busi- RECORD to reflect this—that every- ness with statements only until 5 p.m., thing will be done when we get back to PROVIDING FOR CONDITIONAL AD- with the time equally divided in the see if we can get this bill which the JOURNMENT OR RECESS OF usual form; provided that following Senator from California feels so BOTH HOUSES OF CONGRESS morning business the Senate proceed strongly about. Mr. FRIST. Mr. President, I ask to executive session as provided under But again, this would not have hap- unanimous consent that the Senate the previous order. pened but for the cooperation of the proceed to the immediate consider- The PRESIDING OFFICER. Without distinguished Senator from California, ation of H. Con. Res. 479 which is at the objection, it is so ordered. Senator FEINSTEIN. No objection. desk. f The PRESIDING OFFICER. The The PRESIDING OFFICER. Without clerk will report the concurrent resolu- PROGRAM objection, it is so ordered. The bill (H.R. 4417) was read the third tion by title. Mr. FRIST. Mr. President, for the in- time and passed. The legislative clerk read as follows: formation of all Senators, the next f A concurrent resolution (H. Con. Res. 479) vote will occur at 5:30 p.m. on Tuesday, providing for a conditional adjournment of September 7. There will be at least two ADJOURNMENT UNTIL TUESDAY, the House of Representatives and a condi- votes on district judges and a third SEPTEMBER 7, 2004 tional recess or adjournment of the Senate. judge is expected to be confirmed by Mr. FRIST. Mr. President, finally, if There being no objection, the Senate voice vote. there is no further business to come be- proceeded to consider the concurrent We have a number of issues remain- fore the Senate, I ask unanimous con- resolution. ing when we return from the August sent that the Senate stand in adjourn- Mr. FRIST. Mr. President, I ask break. In addition to the executive ment under the provisions of H. Con. unanimous consent that the concur- nominations, we must continue the ap- Res. 479. rent resolution be agreed to, the mo- propriations process. There being no objection, the Senate, tion to reconsider be laid upon the In addition, the Judiciary Committee at 11:46 p.m., adjourned until Tuesday, table, with no intervening action or de- reported a constitutional amendment September 7, 2004, at 12 noon. bate. regarding flag desecration, and we will f The PRESIDING OFFICER. Without want to debate that measure. NOMINATIONS objection, it is so ordered. Having said that, there will be much The concurrent resolution (H. Con. work to do and there will be very little Executive nominations received by Res. 479) was agreed to, as follows: time to do it. the Senate July 22, 2004: COMMODITY FUTURES TRADING COMMISSION H. CON. RES. 479 I wish everyone a safe and happy re- Resolved by the House of Representatives (the cess. I hope everyone has time over the SHARON BROWN-HRUSKA, OF VIRGINIA, TO BE A COM- next several weeks to recharge their MISSIONER OF THE COMMODITY FUTURES TRADING COM- Senate concurring), That when the House ad- MISSION FOR THE TERM EXPIRING APRIL 13, 2009. (RE- journs on the legislative day of Thursday, batteries, for it will be a busy fall leg- APPOINTMENT) July 22, 2004, or Friday, July 23, 2004, on a islative period. SAINT LAWRENCE SEAWAY DEVELOPMENT motion offered pursuant to this concurrent I thank everyone for their efforts and CORPORATION resolution by its Majority Leader or his des- hard work throughout this time. JAMES S. SIMPSON, OF NEW YORK, TO BE A MEMBER OF ignee, it stand adjourned until 2 p.m. on Mr. REID. Mr. President, will the dis- THE ADVISORY BOARD OF THE SAINT LAWRENCE SEA- WAY DEVELOPMENT CORPORATION, VICE JAY C. EHLE. Tuesday, September 7, 2004, or until the time tinguished majority leader allow me to of any reassembly pursuant to section 2 of DEPARTMENT OF ENERGY call a quorum? this concurrent resolution, whichever occurs KAREN ALDERMAN HARBERT, OF THE DISTRICT OF CO- first; and that when the Senate recesses or I suggest the absence of a quorum. LUMBIA, TO BE AN ASSISTANT SECRETARY OF ENERGY adjourns on Thursday, July 22, 2004, Friday, The PRESIDING OFFICER. The (INTERNATIONAL AFFAIRS AND DOMESTIC POLICY), VICE VICKEY A. BAILEY. July 23, 2004, or Saturday, July 24, 2004, on a clerk will call the roll. INTER-AMERICAN DEVELOPMENT BANK motion offered pursuant to this concurrent The legislative clerk proceeded to resolution by its Majority Leader or his des- call the roll. HECTOR E. MORALES, OF TEXAS, TO BE UNITED STATES EXECUTIVE DIRECTOR OF THE INTER-AMERICAN ignee, it stand recessed or adjourned until Mr. REID. Mr. President, I ask unan- DEVELOPMENT BANK FOR A TERM OF THREE YEARS, noon on Tuesday, September 7, 2004, or at imous consent that the order for the VICE JOSE A. FOURQUET, RESIGNED. such other time on that day as may be speci- quorum call be dispensed with. INTERNATIONAL MONETARY FUND fied by its Majority Leader or his designee in The PRESIDING OFFICER. Without ALAN GREENSPAN, OF NEW YORK, TO BE UNITED the motion to recess or adjourn, or until the STATES ALTERNATE GOVERNOR OF THE INTER- time of any reassembly pursuant to section 2 objection, it is so ordered. NATIONAL MONETARY FUND FOR A TERM OF FIVE of this concurrent resolution, whichever oc- f YEARS. (REAPPOINTMENT) curs first. THE JUDICIARY AMENDING ENHANCED BORDER SEC. 2. The Speaker of the House and the CHRISTOPHER A. BOYKO, OF OHIO, TO BE UNITED Majority Leader of the Senate, or their re- SECURITY AND VISA ENTRY RE- STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT spective designees, acting jointly after con- FORM ACT OF 2002 OF OHIO, VICE PAUL R. MATIA, RETIRING. DEPARTMENT OF JUSTICE sultation with the Minority Leader of the Mr. FRIST. Mr. President, I ask House and the Minority Leader of the Sen- unanimous consent that the Judiciary LISA GODBEY WOOD, OF GEORGIA, TO BE UNITED ate, shall notify the Members of the House STATES ATTORNEY FOR THE SOUTHERN DISTRICT OF Committee be discharged from further GEORGIA FOR THE TERM OF FOUR YEARS, VICE RICHARD and the Senate, respectively, to reassemble S. THOMPSON, RESIGNED. at such place and time as they may des- consideration and the Senate now pro- RICHARD B. ROPER III, OF TEXAS, TO BE UNITED ignate whenever, in their opinion, the public ceed to H.R. 4417, the Biometric Visa STATES ATTORNEY FOR THE NORTHERN DISTRICT OF TEXAS FOR THE TERM OF FOUR YEARS, VICE JANE J. interest shall warrant it. bill, that the bill be read a third time BOYLE, RESIGNED. f and passed, the motion to reconsider be DEPARTMENT OF THE TREASURY laid upon the table, and that any state- ORDERS FOR TUESDAY, GREGORY FRANKLIN JENNER, OF OREGON, TO BE AN ments relating to the bill be printed in ASSISTANT SECRETARY OF THE TREASURY, VICE PAM- SEPTEMBER 7, 2004 the RECORD. ELA F. OLSON, RESIGNED. Mr. FRIST. Mr. President, I ask Mr. REID. Mr. President, reserving DEPARTMENT OF STATE unanimous consent that when the Sen- the right to object, I want the RECORD YOUSIF B. GHAFARI, OF MICHIGAN, TO BE AN ALTER- NATE REPRESENTATIVE OF THE UNITED STATES OF ate completes its business today, it to be spread with the fact that Senator AMERICA TO THE FIFTY-NINTH SESSION OF THE GEN- stand in adjournment under the provi- FEINSTEIN has allowed this matter to ERAL ASSEMBLY OF THE UNITED NATIONS. JANE DEE HULL, OF ARIZONA, TO BE A REPRESENTA- sions of H. Con. Res. 479 until 12 noon pass. We have worked on the matter TIVE OF THE UNITED STATES OF AMERICA TO THE on Tuesday, September 7. I further ask and she feels strongly about the CalFed FIFTY-NINTH SESSION OF THE GENERAL ASSEMBLY OF unanimous consent that following the bill. Numerous staff have worked on THE UNITED NATIONS. prayer and pledge the morning hour be this for hours and hours today. Several IN THE AIR FORCE deemed expired, the Journal of pro- times today we thought we had it done, THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES AIR ceedings be approved to date, the time and it didn’t work out. FORCE UNDER TITLE 10, U.S.C., SECTION 624:

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00191 Fmt 4624 Sfmt 9801 E:\2004SENATE\S22JY4.PT2 S22JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8808 CONGRESSIONAL RECORD — SENATE July 22, 2004 To be lieutenant colonel To be major general THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES NAVY TO THE GRADE INDICATED MARJORIE B. MEDINA, 0000 BRIGADIER GENERAL DON T. RILEY UNDER TITLE 10, U.S.C., SECTION 624: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING ARMY NATIONAL GUARD OF THE To be rear admiral TO THE GRADE INDICATED IN THE UNITED STATES AIR UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- FORCE UNDER TITLE 10, U.S.C., SECTION 624: SERVE OF THE ARMY TO THE GRADE INDICATED UNDER REAR ADM. (LH) STEVEN L. ENEWOLD TITLE 10, U.S.C., SECTION 12203: To be lieutenant colonel THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT To be brigadier general IN THE UNITED STATES NAVY TO THE GRADE INDICATED HENRY LEE EINSEL JR., 0000 UNDER TITLE 10, U.S.C., SECTION 624: COL. JERRY M. RIVERA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES AIR THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT To be rear admiral FORCE UNDER TITLE 10, U.S.C., SECTION 624: IN THE RESERVE OF THE ARMY TO THE GRADES INDI- REAR ADM. (LH) STANLEY D. BOZIN To be lieutenant colonel CATED UNDER TITLE 10, U.S.C., SECTION 12203: REAR ADM. (LH) CHARLES T. BUSH To be major general REAR ADM. (LH) JEFFREY B. CASSIAS ROBERT L. MUNSON, 0000 REAR ADM. (LH) WILLIAM D. CROWDER DEPARTMENT OF ENERGY BRIG. GEN. GREGORY J. HUNT REAR ADM. (LH) RICHARD K. GALLAGHER REAR ADM. (LH) DAVID A. GOVE JOHN S. SHAW, OF THE DISTRICT OF COLUMBIA, TO BE To be brigadier general REAR ADM. (LH) TIMOTHY L. HEELY AN ASSISTANT SECRETARY OF ENERGY (ENVIRONMENT, COL. JOSE M. VALLEJO REAR ADM. (LH) GARY R. JONES SAFETY AND HEALTH), VICE BEVERLY COOK, RESIGNED. REAR ADM. (LH) JAMES D. KELLY DEPARTMENT OF THE TREASURY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT REAR ADM. (LH) THOMAS J. KILCLINE, JR. IN THE UNITED STATES ARMY TO THE GRADE INDICATED REAR ADM. (LH) SAMUEL J. LOCKLEAR III ANNA ESCOBEDO CABRAL, OF VIRGINIA, TO BE TREAS- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND REAR ADM. (LH) JOSEPH MAGUIRE URER OF THE UNITED STATES, VICE ROSARIO MARIN. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: REAR ADM. (LH) ROBERT T. MOELLER REAR ADM. (LH) ROBERT D. REILLY, JR. f To be general REAR ADM. (LH) JACOB L. SHUFORD LT. GEN. BANTZ J. CRADDOCK REAR ADM. (LH) PAUL S. STANLEY CONFIRMATIONS REAR ADM. (LH) MILES B. WACHENDORF THE FOLLOWING NAMED OFFICER FOR APPOINTMENT REAR ADM. (LH) PATRICK M. WALSH Executive nominations confirmed by IN THE UNITED STATES ARMY TO THE GRADE INDICATED the Senate July 22, 2004: WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: IN THE UNITED STATES NAVY TO THE GRADE INDICATED DEPARTMENT OF ENERGY WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND To be lieutenant general RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: JERALD S. PAUL, OF FLORIDA, TO BE PRINCIPAL DEP- UTY ADMINISTRATOR, NATIONAL NUCLEAR SECURITY LT. GEN. JAMES L. CAMPBELL To be admiral ADMINISTRATION. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT VICE ADM. TIMOTHY J. KEATING DEPARTMENT OF DEFENSE IN THE UNITED STATES ARMY TO THE GRADE INDICATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TINA WESTBY JONAS, OF VIRGINIA, TO BE UNDER SEC- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: AS VICE CHIEF OF NAVAL OPERATIONS, UNITED STATES RETARY OF DEFENSE (COMPTROLLER). To be lieutenant general NAVY, AND APPOINTMENT TO THE GRADE INDICATED THE JUDICIARY WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND MAJ. GEN. JOHN M. BROWN III RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTIONS 601 JOHN O. COLVIN, OF VIRGINIA, TO BE A JUDGE OF THE AND 5035: UNITED STATES TAX COURT FOR A TERM OF FIFTEEN THE FOLLOWING ARMY NATIONAL GUARD OF THE YEARS. UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- To be admiral DEPARTMENT OF THE TREASURY SERVE OF THE ARMY TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: VICE ADM. JOHN B. NATHMAN CHARLES L. KOLBE, OF IOWA, TO BE A MEMBER OF THE To be brigadier general THE FOLLOWING NAMED OFFICER FOR APPOINTMENT INTERNAL REVENUE SERVICE OVERSIGHT BOARD FOR IN THE UNITED STATES NAVY TO THE GRADE INDICATED THE REMAINDER OF THE TERM EXPIRING SEPTEMBER 14, COL. GLENN K. RIETH WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND 2004. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: DEPARTMENT OF DEFENSE CENTRAL INTELLIGENCE VALERIE LYNN BALDWIN, OF KANSAS, TO BE AN AS- To be vice admiral LARRY C. KINDSVATER, OF VIRGINIA, TO BE DEPUTY SISTANT SECRETARY OF THE ARMY. DIRECTOR OF CENTRAL INTELLIGENCE FOR COMMUNITY VICE ADM. ROBERT F. WILLARD MANAGEMENT. DEPARTMENT OF STATE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DEPARTMENT OF HOMELAND SECURITY JOHN RIPIN MILLER, OF WASHINGTON, TO BE DIREC- IN THE UNITED STATES NAVY TO THE GRADE INDICATED TOR OF THE OFFICE TO MONITOR AND COMBAT TRAF- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND DAVID M. STONE, OF VIRGINIA, TO BE AN ASSISTANT FICKING, WITH THE RANK OF AMBASSADOR AT LARGE. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: SECRETARY OF HOMELAND SECURITY. NATIONAL OCEANIC AND ATMOSPHERIC IN THE MARINE CORPS To be vice admiral ADMINISTRATION THE FOLLOWING NAMED OFFICER FOR APPOINTMENT VICE ADM. ALBERT T. CHURCH III IN THE UNITED STATES MARINE CORPS RESERVE TO THE CAPTAIN SAMUEL P. DE BOW, JR., NOAA FOR APPOINT- GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: IN THE COAST GUARD MENT TO THE GRADE OF REAR ADMIRAL (O–8), WHILE SERVING IN A POSITION OF IMPORTANCE AND RESPONSI- To be major general THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BILITY AS DIRECTOR, NOAA CORPS AND DIRECTOR, OF- IN THE UNITED STATES COAST GUARD TO THE GRADE IN- FICE OF MARINE AND AVIATION OPERATIONS, NATIONAL BRIG. GEN. CORNELL A. WILSON, JR. DICATED UNDER TITLE 14, U.S.C., SECTION 271: OCEANIC AND ATMOSPHERIC ADMINISTRATION, UNDER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE PROVISIONS OF TITLE 33, UNITED STATES CODE, IN THE UNITED STATES MARINE CORPS RESERVE TO THE To be rear admiral SECTION 3028(D)(1). GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: CAPTAIN RICHARD R. BEHN, NOAA FOR APPOINTMENT REAR ADM. (LH) DALE G. GABEL TO THE GRADE OF REAR ADMIRAL (O–7), WHILE SERVING To be brigadier general REAR ADM. (LH) JEFFREY M. GARRETT IN A POSITION OF IMPORTANCE AND RESPONSIBILITY AS REAR ADM. (LH) STEPHEN W. ROCHON DIRECTOR, MARINE AND AVIATION OPERATIONS CEN- COL. ROBERT D. PAPAK COL. EUGENE G. PAYNE, JR. AIR FORCE NOMINATIONS BEGINNING LORENA A. * BAI- TERS, NATIONAL OCEANIC AND ATMOSPHERIC ADMINIS- LEY AND ENDING JASON P. * ZIMMERER, WHICH NOMINA- TRATION, UNDER THE PROVISIONS OF TITLE 33, UNITED THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TIONS WERE RECEIVED BY THE SENATE AND APPEARED STATES CODE, SECTION 3028(D)(1). IN THE UNITED STATES MARINE CORPS TO THE GRADE IN THE CONGRESSIONAL RECORD ON MARCH 12, 2004. THE ABOVE NOMINATIONS WERE APPROVED SUBJECT INDICATED UNDER TITLE 10, U.S.C., SECTION 624: AIR FORCE NOMINATIONS BEGINNING RANDALL M. TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- ASHMORE AND ENDING JAMES O. WOOTEN, WHICH NOMI- QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY To be brigadier general NATIONS WERE RECEIVED BY THE SENATE AND AP- CONSTITUTED COMMITTEE OF THE SENATE. COL. RANDOLPH D. ALLES PEARED IN THE CONGRESSIONAL RECORD ON MAY 10, IN THE AIR FORCE COL. JOSEPH F. DUNFORD, JR. 2004. COL. PAUL E. LEFEBVRE AIR FORCE NOMINATION OF NORMAN L. WILLIAMS. THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED COL. RICHARD P. MILLS AIR FORCE NOMINATION OF THOMAS R. BIRD. STATES OFFICER FOR APPOINTMENT IN THE RESERVE COL. MARTIN POST AIR FORCE NOMINATIONS BEGINNING REX A. HINESLEY OF THE AIR FORCE TO THE GRADE INDICATED UNDER AND ENDING JERI K. SOMERS, WHICH NOMINATIONS TITLE 10, U.S.C., SECTION 12203: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT WERE RECEIVED BY THE SENATE AND APPEARED IN THE To be brigadier general IN THE UNITED STATES MARINE CORPS TO THE GRADE CONGRESSIONAL RECORD ON JULY 8, 2004. INDICATED WHILE ASSIGNED TO A POSITION OF IMPOR- AIR FORCE NOMINATIONS BEGINNING PETER W. BICKEL COL. DOUGLAS M. PIERCE TANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., AND ENDING WILLIAM D. TAYLOR, WHICH NOMINATIONS SECTION 601: WERE RECEIVED BY THE SENATE AND APPEARED IN THE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CONGRESSIONAL RECORD ON JULY 8, 2004. IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- To be lieutenant general AIR FORCE NOMINATIONS BEGINNING DONALD A. CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE MAJ. GEN. JAMES F. AMOS AHERN AND ENDING MICHAEL A. WOBBEMA, WHICH AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- 601: IN THE NAVY PEARED IN THE CONGRESSIONAL RECORD ON JULY 8, To be lieutenant general 2004. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ARMY NOMINATIONS BEGINNING STEPHAN A. * ALKINS LT. GEN. DUNCAN J. MCNABB IN THE UNITED STATES NAVY TO THE GRADE INDICATED AND ENDING CLORINDA K. ZAWACKI, WHICH NOMINA- UNDER TITLE 10, U.S.C., SECTION 624: IN THE ARMY TIONS WERE RECEIVED BY THE SENATE AND APPEARED To be rear admiral IN THE CONGRESSIONAL RECORD ON JUNE 16, 2004. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ARMY NOMINATIONS BEGINNING DOUGLAS R. DIXON IN THE UNITED STATES ARMY TO THE GRADE INDICATED REAR ADM. (LH) RICHARD J. MAULDIN AND ENDING THORPE C. WHITEHEAD, WHICH NOMINA- UNDER TITLE 10, U.S.C., SECTION 624: REAR ADM. (LH) ANTHONY L. WINNS TIONS WERE RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON JUNE 16, 2004. To be brigadier general THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ARMY NOMINATIONS BEGINNING NANCY H. FIELDING IN THE UNITED STATES NAVY TO THE GRADE INDICATED COLONEL YVES J. FONTAINE AND ENDING TAMMY L. MIRACLE, WHICH NOMINATIONS UNDER TITLE 10, U.S.C., SECTION 624: WERE RECEIVED BY THE SENATE AND APPEARED IN THE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT To be rear admiral (lower half) CONGRESSIONAL RECORD ON JUNE 17, 2004. IN THE UNITED STATES ARMY TO THE GRADE INDICATED ARMY NOMINATIONS BEGINNING BRIAN R. COPES AND UNDER TITLE 10, U.S.C., SECTION 624: CAPT. TIMOTHY J. MCGEE ENDING DENNIS P. SIMONS, WHICH NOMINATIONS WERE

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RECEIVED BY THE SENATE AND APPEARED IN THE CON- TIONS WERE RECEIVED BY THE SENATE AND APPEARED PEARED IN THE CONGRESSIONAL RECORD ON JULY 8, GRESSIONAL RECORD ON JUNE 17, 2004. IN THE CONGRESSIONAL RECORD ON JULY 8, 2004. 2004. NAVY NOMINATION OF GERALD R. MANLEY. NAVY NOMINATIONS BEGINNING MICHAEL T. NAVY NOMINATIONS BEGINNING DAVID A. BERGER AND NAVY NOMINATIONS BEGINNING BRIAN S. ADAMS AND ACROMITE AND ENDING CRAIG M. ZELIG, WHICH NOMINA- ENDING ERIN E. STONE, WHICH NOMINATIONS WERE RE- ENDING JOHN M. ZUZICH, WHICH NOMINATIONS WERE RE- TIONS WERE RECEIVED BY THE SENATE AND APPEARED CEIVED BY THE SENATE AND APPEARED IN THE CON- CEIVED BY THE SENATE AND APPEARED IN THE CON- IN THE CONGRESSIONAL RECORD ON JULY 8, 2004. GRESSIONAL RECORD ON JULY 8, 2004. GRESSIONAL RECORD ON JUNE 24, 2004. NAVY NOMINATIONS BEGINNING TIMOTHY A. ACKER- NAVY NOMINATIONS BEGINNING JOHN J. ADAMETZ NAVY NOMINATIONS BEGINNING MYLES E. BROOKS, JR. MAN AND ENDING TERRY D. WEBB, WHICH NOMINATIONS AND ENDING BARNEY S. WILLIAMS, WHICH NOMINATIONS AND ENDING JAMES E. WATTS, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND APPEARED IN THE WERE RECEIVED BY THE SENATE AND APPEARED IN THE WERE RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON JULY 8, 2004. CONGRESSIONAL RECORD ON JULY 8, 2004. CONGRESSIONAL RECORD ON JULY 8, 2004. NAVY NOMINATIONS BEGINNING STEVEN E. ALLEN AND COAST GUARD NOMINATION OF CRAIG S. TOOMEY. NAVY NOMINATIONS BEGINNING BILLY M. APPLETON ENDING SHARON M. WRIGHT, WHICH NOMINATIONS WERE COAST GUARD NOMINATION OF LAURIE J. MOSIER. AND ENDING MIL A. YI, WHICH NOMINATIONS WERE RE- RECEIVED BY THE SENATE AND APPEARED IN THE CON- NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRA- CEIVED BY THE SENATE AND APPEARED IN THE CON- GRESSIONAL RECORD ON JULY 8, 2004. TION NOMINATIONS BEGINNING JOHN C. CLARY III AND GRESSIONAL RECORD ON JULY 8, 2004. NAVY NOMINATIONS BEGINNING KRISTEN N. ENDING ANDREW P. SEAMAN, WHICH NOMINATIONS NAVY NOMINATIONS BEGINNING CARLA M. ALBRITTON ATTERBURY AND ENDING MARY A. YONK, WHICH NOMI- WERE RECEIVED BY THE SENATE AND APPEARED IN THE AND ENDING EDWARD L. ZAWISLAK, WHICH NOMINA- NATIONS WERE RECEIVED BY THE SENATE AND AP- CONGRESSIONAL RECORD ON MAY 18, 2004.

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