E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 109 CONGRESS, SECOND SESSION

Vol. 152 WASHINGTON, THURSDAY, AUGUST 3, 2006 No. 106—Book II House of Representatives The House was not in session today. Its next meeting will be held on Wednesday, September 6, 2006, at 2 p.m. Senate THURSDAY, AUGUST 3, 2006

ESTATE TAX AND EXTENSION OF is, we are going to try to have a deci- yield myself time on this bill. We have TAX RELIEF ACT OF 2006—MO- sion made on the protection act. Fol- essentially 30 minutes on either side, of TION TO PROCEED lowing the disposition of that, we which 15 or 20 minutes of our time will Mr. FRIST. Mr. President, we have would go to the pension bill, and my be used by Senator GRASSLEY. had a lot of discussion in terms of what request is that following that we would We will be voting shortly on what we the plans would be. We will be pro- pass the extenders. are calling the Family Prosperity Act. ceeding where we can finish the bills, The PRESIDING OFFICER. Is there Heretofore, it has been called the not the Department of Defense appro- objection? trifecta bill because it addresses three priations bill tonight, but in all likeli- Mr. FRIST. Reserving the right to different issues that are critically im- hood the other bills. I will propound object, Mr. President, I have made it portant to the American people. the unanimous consent request, and clear since the outset that our inten- Each of these three bills that have then we will lay out the evening. tion was to address the Family Pros- been grouped together to become the Mr. President, I ask unanimous con- perity Act, which are the three bills, Family Prosperity Act are important sent that notwithstanding rule XXII, which people have been referring to as to hard-working Americans, millions of the cloture vote with respect to H.R. the ‘‘trifecta,’’ unamended and without them. One of the three bills is the per- 5970, the Family Prosperity Act, occur any attempt to either separate that manent tax relief bill. Let me say at following 15 minutes for Senator and add it to the pensions bill. We will the outset that this is a compromise GRASSLEY, 15 minutes for the Demo- proceed as planned, consistent with the bill that has been put together. We at- cratic manager, and 15 minutes for unanimous consent request that I out- tempted earlier to do something that I each leader; provided further that if lined. strongly believe in, which is totally re- cloture is not invoked, the Senate then I do object. pealing this unfair and wrongful proceed immediately to the consider- The PRESIDING OFFICER. Objec- ‘‘death’’ tax. We were unable to do that ation of H.R. 4, the pensions bill, and tion is heard. on the floor of the Senate, and after a that there be 20 minutes for debate Mr. REID. Reserving the right to ob- lot of discussion between Republicans equally divided between the two lead- ject, Mr. President. I understand the and Democrats, with the leadership, ers, with no amendments in order to leader. He told me that earlier today. I with Senator KYL on our side and many the bill; further, that following the use told him I would do this. I hope that Democrats, a bill that is a compromise or yielding back of debate, the bill be when we come back, following the com- was put together and is very similar to read the third time and the Senate pro- pletion of the Defense appropriations the bill that is in the Family Pros- ceed to a vote on passage, with no in- bill, this will be one of the first things perity Act. tervening action or debate; further, we work on. This is an extremely im- Why is it important? Because this that it not be in order to consider any portant piece of legislation. I am dis- death tax punishes everyday Ameri- conference report on H.R. 2830 during appointed that we were not able to cans by forcing them to give up their this Congress. complete this at the conference that businesses, give up their farms, which The PRESIDING OFFICER. Is there was completed a week or so ago. I have their loved ones—dads, moms, and objection? no objection to the majority leader’s grandparents—have worked hard to Mr. REID. Mr. President, reserving request. pass on to them. It has a direct impact the right to object, I move that we The PRESIDING OFFICER. Without on farming, ranching, construction. All amend H.R. 4388—it is the extenders, so objection, it is so ordered. of these bills are labor and capital in- that everybody knows what I am talk- Who yields time? tensive, but the cost of passing these ing about—with the text of the extend- Mr. FRIST. Mr. President, I will enterprises on to future generations in ers amendment I offered earlier to the yield to Senator GRASSLEY when he one piece is often prohibitive and im- defense bill. In effect, what I am saying comes. I think that I will go ahead and possible to do.

∑ 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 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 4637 Sfmt 8472 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8726 CONGRESSIONAL RECORD — SENATE August 3, 2006 About 90 percent of family businesses of this bill. Its authors in the House From a personal standpoint, I have don’t survive that third generation. and Senate came up with that nick- supported minimum wage increases in Even those who do manage to pass on name. They call it the ‘‘trifecta’’ bill. the past. I’ll continue to support them their family businesses are adversely Many folks know I’m a bit of a frugal as long as the increase doesn’t raise affected. Instead of spending money to person. You’d definitely hear it from innovate and grow the business, people teen unemployment and doesn’t hurt have to pay money either to the Fed- my staff. Some might say I am cheap. small business. eral Government, to accountants and I would say frugal. Frugal folks tend to I am going to focus on the first two business people to, in some way, try to be drudges and a bit predictable, but, lessen the burden they would some day at the end of the day, frugality tends pieces of the trifecta. That is, the have to pay. to mean that you have your house to death tax relief and the trailer bill. There are a lot of issues that we have go home to and a little bit of savings in Those matters are squarely within the addressed in this body. It is time that the bank. Finance Committee’s jurisdiction. I we act on this one. Again, it is a com- You don’t see a lot of frugal folks have some history with those issues. I promise that we pulled together. that take big speculative gambles. care a great deal about the policy in The second aspect of the Family So, when I saw this term ‘‘Trifecta,’’ both of those areas. As chairman, I feel Prosperity Act are some very impor- tant tax extenders. There is a list of not being much of a gambler, I didn’t a lot of responsibility for the tax policy those that I am sure others will talk know what it meant. I asked my staff in these areas. about it. They explained that it was a about, and one that is of particular in- Let’s take a look at death tax relief horse or dog racing term. It refers to a terest to me is the sales tax deduct- first. I support repeal. I take it from ibility. In my State of Tennessee, from compound bet. That is, the bettor the vote we had on the motion to pro- 1986 to 2004, hard-working Tennesseans places a bet on three horses. The bettor were placed at a disadvantage simply indicates which horses will win, place, ceed to the death tax repeal bill that a because Tennessee was one of seven and show. majority of the Senate also supports States that chose to raise revenue pri- I asked my staff about the typical repeal or some sort of significant re- marily through a sales tax instead of lief. an income tax. Thankfully, in 2004, this odds on a trifecta in a horse race. They body, working with President Bush, re- picked the 2006 Kentucky Derby. Ac- I want to make it clear to the people stored fairness to that Federal tax pol- cording to the record, Barbaro was fa- listening, who may not understand how icy, but that provision expired last vored to win by 6 to 1 odds, Bluegrass the Senate works, why we need 60 year, and more than 64,000 Tennessee Cat was 30 to 1 odds to win, and votes. A vast majority of this Senate families will suffer if that tax relief is Steppenwolfer was 30 to 1 odds to win. supports repeal of the death tax, but it not extended. That is just one provi- The $2 Trifecta paid $11,418 which is a sion. There are many others. won’t happen because of the 60-vote re- pay-out of $5,709 per every dollar. Big quirement. The research and development tax pay-off. Long odds. So does our trifecta credit, we know, is absolutely critical have those kind of odds? The answer is In this case, I did some checking to our small businesses, mid-size busi- around on the votes after the cloture nesses, and larger businesses in order no, but it does require 60 Senators to to grow and to do that research and in- payoff. motion failed. It became apparent to novation that prepares them for the fu- Being a frugal person and a cautious me, after conversations with members, ture and that creates jobs for the fu- legislator, you can see how I might staff, and interested parties that the ture. have problems with trifecta legislative bar for getting the 60 votes was pretty The final piece of the Family Pros- strategy. high. At first, the impression was kind perity Act increases the minimum I guess I would look at this exercise of fuzzy, but it became clear as the wage. Specifically, it increases it by 40 as that kind of longshot. With Senate weeks moved on. Several barriers ex- percent; thus, if we were to pass this bill tonight, the Family Prosperity votes as horses, let’s take a look. At isted for the Republican leadership and Act, in the very near term, because it the last race, on a motion to proceed to Senator KYL. One, the fact that we already passed the House, minimum the House death tax repeal bill, 57 were then so close to an election had wage workers—several million people— horses came in. So, the bet was to find politicized the issue. The Democratic will have a 40 percent increase that 3 horses among the horses that ran the leadership were becoming invested in will begin in the very near future. other direction and turn them around. blocking a Republican accomplish- Young workers entering the job mar- As a farmer with some experience with ment. They made it clear to Demo- ket for the first time would have a horses, let me say, once they’re out of minimum wage hike that would be wel- cratic Senators who might otherwise come. the barn and running around, it’s hard be willing to work towards good policy I see that my colleague, Senator to turn them around. Senators can be that those Senators would face the GRASSLEY, is here. At this point, I will similar, especially when a vote is high- wrath of the Democratic Caucus. be happy to yield to him. He has a ly political. statement of 15 to 20 minutes. I yield It looks to me like we may not turn Moreover, the Democratic leadership to him what time is required for his around many of the horses today. I exploited the policy positions that Sen- statement. hope I am wrong. If I am right, the bot- ator KYL and others considered prior- The PRESIDING OFFICER. The Sen- tom line is that we bet on the wrong ities. Even though Republicans moved, ator from Iowa is recognized. horses. Maybe we should’ve taken a bet the movement never seemed to be Mr. GRASSLEY. Mr. President, it is that was more likely to pay-off. enough. Also, Democrats were focusing my understanding that I have 15 min- Now, I want to turn to the substance on points that they knew the Repub- utes, and if I need 5 minutes off of the leader’s time, I could have it. Would of the bill before us. What’s this lican negotiators could not be flexible. you please inform me when my 15 min- trifecta bill all about? There are really It was a troublesome negotiation. Un- utes are up, and if I need a little bit three key pieces. The first piece is per- fortunately, members and staff often more time, without asking unanimous manent death tax relief. The second heard what they wanted to hear. This consent at that time, to take it off of piece deals with expiring tax provisions pattern only got worse as time went leader time. Does the Chair understand and some other items, known as the on. what I am talking about? ‘‘trailer bill.’’ The PRESIDING OFFICER. Yes, I The last piece is a Federal minimum While these negotiations were going understand the Senator. The Chair will wage increase. on, there was a parallel track devel- make sure the Senator knows when 15 I am not going to describe the min- oping. The Senate Republican leader- minutes have been used. imum wage piece. It is not in my com- ship came up with a different plan. The Mr. GRASSLEY. I am going to sup- plan was to add the death tax com- port the trifecta bill. I want to speak mittee, the Finance Committee’s, ju- about the bill and around the bill and risdiction. It was an add-on by the promise to the pension conference. I about the environment that has taken House. I really have no history with it counseled against it because I thought place over the last week. and feel no reason to explain it, sup- the mix of conferees would not be On a preliminary note, I would like port it, criticize it, or defend it. I will agreeable to it and it would be an awk- to talk a little bit about the nickname leave that to others. ward position to a broadly bipartisan

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2006 CONGRESSIONAL RECORD — SENATE S8727 bill. Nevertheless, I agreed to consider season. That is the ugly political fact I and also a political perspective. From this maneuver if the proponents could have to convey to Senators KYL, LIN- the policy perspective, the taxpayers show me a path to 60 votes. COLN, and others who have worked in a should be able to rely on the tax legis- The proponents went against my bipartisan way to get this done. lative process. This should be espe- counsel and did not deliver on the one I took a look in the Tax Code and the cially true with respect to the current thing I asked them to do: show me the recent history of the death tax relief. law expiring provisions that enjoy votes. That plan didn’t work because, In the past 20 years, comprehensive overwhelming bipartisan support. as I predicted, a majority of the con- death tax relief occurred two times: in From a political perspective, I asked ferees were not supportive of it, and I 1997, in a bipartisan tax relief bill, and for those assurances to defend Repub- was one of the conferees who would in 2001 on another bipartisan tax relief lican Senators who would be attacked have supported it. bill. Both were produced by Finance when the reconciliation conference After 4 months of tough negotiations, Committee members with a bipartisan agreement was announced. Indeed, none of the senior conferees, all of working group and the involvement of those attacks did come, and I referred whom were invested in the pension pol- the chairman. My judgment is that if to the assurances in defending the Sen- icy, were keen to the idea either. And the trifecta bill fails, this is the way ators who were under attack. here, I am talking about both House we are going to have to go again. and Senate conferees, Republicans and Now I turn to the other part of the In addition, several Republican Sen- Democrats. The mission was launched trifecta, the so-called trailer bill. In ators asked me to make sure there was and quickly aborted. this Congress, I have fought long and a glidepath to those extenders. For in- Along came plan B. Plan B was the hard for extension of tax provisions stance, Senator HUTCHISON raised the result of my ‘‘wily’’ counterpart—you that expired at the end of last year, State sales tax deductibility extender know, the guy who, according to House now 8 months into the expired year. in a Senate Republican leadership colleagues and staff, supposedly The extension provisions were included meeting. Republican high-tech coali- ‘‘snookers’’ the Senate year in and in the tax reconciliation bill which tion members asked for similar assur- year out in conferences. My House passed the Senate in the spring. ances. counterpart, who, like the rest of the Let’s consider how we got here on ex- My interest has always been to ac- conferees, was never on board with the tenders and the trailer package. complish what is possible, not taking Extenders were part of a package pension plan, raised this plan B with chances with widely applicable tax re- deal that I argued for in the Budget me. Plan B was the idea of combining lief measures on which millions of tax- Committee. When the Budget Com- some new death tax compromise with payers are relying. For example, over mittee met in February and March of the trailer bill. 12 million Americans benefit from the last year, I asked for $90 billion. The I counseled against this plan. It was State sales tax. We have charts up. I $90 billion was meant to cover expiring clear that pursuing this plan would provisions, including capital gains and am not going to take time to refer to cause problems with completing the dividend rates and the hold harmless them much, so I hope the audience will pension conference. Chairman ENZI for the alternative minimum tax. look and study them. Over 12 million backed me in this view. Once again, I Americans benefit from the State sales Chairman GREGG agreed to a reconcili- asked the proponents to show me the ation instruction of $70 billion. In com- tax deduction. Over 3 million teachers path to 60 votes. Once again, they mittee and on the floor, I defended the benefit from tax deductions for edu- didn’t show the path, and then, as you reconciliation instruction as part of cation expenses. Teachers have pre- know, they went ahead over my objec- this plan. Including extenders was a pared for the upcoming school year, tion. key part of the strategy. It came up a and they don’t know whether supplies So we are where we are right now at lot in debate. It was a factor in holding they buy out of their own pocket will almost 9 o’clock on Thursday. The the instruction on the floor and in con- be deductible. Over 3.5 million families process was lousy and offensive, but ference. benefit from the college tuition deduc- the substance is good. I will support When the reconciliation bill was tion. the bill’s death tax relief proposal. I marked up in the Finance Committee, The PRESIDING OFFICER. The Sen- wish this death tax policy would be- the extenders were part of the same ator should be advised his 15 minutes come law. If that does not happen, then package deal. The inclusion of 2 years has expired. we have to think about the next step. of extenders on the floor helped us hold Mr. GRASSLEY. I thank the Chair. I We have to keep our eye on the ball. the Finance Committee bill together. We should be aiming for good death tax When we went to conference, the will use a little bit of time off the lead- policy and for the 60 votes on how to House brought a year of extenders, no er’s time. get there. AMT hold harmless, and 2 years of cap- A week ago, I said some colleagues We have all learned a few things in ital gains and dividends. Although we want to engage in a riverboat gamble this painful process. could not get 2 years of capital gains involving these popular tax relief pro- One, death tax is a unique kind of and dividends through this Senate the visions by including it with the death issue. It is not like other tax issues. It first time, I knew it was important to tax. They call Chairman THOMAS’s bill is a moral issue to folks on both sides the Republican leadership, especially the trifecta bill. I will treat the pro- of the aisle. To be politically palatable, Senator KYL, and I would even put my- ponents with more respect than they the death tax proposal needs to be ei- self in that category. We could not fit have treated this chairman and the in- ther in isolation or proportionate if all the pieces together because, in part, stitution of the Finance Committee. I combined with other tax proposals. the House would not take our anti-tax will support this bill. Small so-called sweeteners don’t get us shelter measures and loophole closers. The burden is on the proponents of over the goal line. Holding up popular Something had to drop. That some- this gambit to produce. But to do that, must-do current law tax provisions thing was what we call the extenders. they are going to have to deal with the also doesn’t get us there. Just look at Now, because the extenders were part the vote counts in the House on the of the plan and we were also into the realities of the votes in the Senate. various bills. Those vote counts show expired year, I insisted on assurances People want and should expect that Congress will provide certainty in es- what I am talking about. from Chairman THOMAS of the House So right now, we are stuck. The Ways and Means Committee and also tate planning. My colleagues have Democratic leadership is holding back from the bicameral leadership. At that placed all the chips on the table. It is Members from voting their consciences time, I released a statement stating on them to make sure it is a winning and their State interests. That resist- that we would be putting the extenders hand. If the trifecta bill fails, they ance is there now, and it is very strong. in the pension conference report. This need to answer to those millions of It won’t last past the political season. statement was based on assurances Americans who relied on our promise The Democratic caucus will be ac- that I had from leaders in both the and good will as legislators. countable. If the trifecta bill fails, we House and the Senate. I also have a message for the Demo- will be back, but we won’t get any- I asked for those assurances to do the cratic leadership. While I am frus- where until we are out of the political right thing from a policy perspective trated with my leadership, let me say

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8728 CONGRESSIONAL RECORD — SENATE August 3, 2006 that it should also be clear that the cans are affected by the estate tax? If When this President was elected in Democratic leadership has been more one listened to the other side of the 2001, our entire national debt was $5.8 eager to produce press releases than re- aisle, one would think that every per- trillion. In 6 years of the Bush-Cheney sults. The Democratic leadership has son who gets up in the morning and ownership society, family prosperity, been actively and aggressively under- goes to work is going to pay the estate we are now up to $8.5 trillion from $5.8 mining efforts to reach a deal. This has tax to the Federal Government. Guess trillion. This President managed in only served to deny relief from the what. When you take a look at the such a short period of time to increase death tax for America’s small business chart, look for that thin red line on the national debt on America by 60 per- and family farmers. This obstruction this big blue circle. It represents 2 es- cent. And look: Follow his policies out has also forced these farmers and small tates out of every 1,000 in America. Mr. to the year 2011, 10 years after Presi- business owners to have to live with President, .2 percent of the estates in dent Bush was elected, follow them out continued uncertainty of the current America are wealthy enough to pay and notice that the national debt in death tax structure. That is not right. anything into the estate tax. So the America virtually doubles. Boy, if that The people’s business should be done. obvious question is, If this estate tax, isn’t family prosperity, I don’t know The time has come for the Demo- which they want to repeal, means so where you would turn. much to so few, how did we end up cratic leadership to stop playing poli- Where do we look to this bill? What making this the flagship issue for the tics with family farmers and small does it do to add to family prosperity Republicans in this Congress, the most business folks and let responsible in America? Well, American families, important single issue to them to the Democrats work on a fair compromise. look at this prosperity. This bill adds It is wrong that the Democratic leader- exclusion of every other issue, the issue that returns to us on the floor $753 billion to the national debt. Oh, I ship is preventing Senators from vot- tell you, you just want to curl up by ing their consciences in this manner. with such frequency? How did they reach this point? the fire and thank the Republicans for Senators should be allowed to put the coming up with this bill to make us interests of their constituents first in- The New York Times wrote an article on June 7, 2006, that explained it. Do feel so prosperous. They are prosperous stead of the priorities of the Demo- in terms of creating debt for America. cratic leadership. my colleagues want to know how these When you cut through all the finger- issues become big-time issues in Wash- I asked Senator FRIST on the floor pointing and the press releases, both ington? They wrote that over the last just a day or two ago a very basic ques- sides are to blame that we can’t get decade, 18 of the wealthiest families in tion: Is there any limit to the amount these extenders done. Both death tax the country have spent more than $200 of debt you would create for future and expiring provisions should be proc- million lobbying in the Halls of Con- generations in order to give tax breaks essed in a bipartisan, constructive way. gress to repeal the estate tax. It turns to the wealthiest people in America? We should be realistic and seek to ac- out that these 18 families will be huge He couldn’t answer the question. complish the possible. Let’s do the peo- winners if this repeal is passed. How I think the answer is obvious. Sen- many families will benefit if the estate ple’s business. ator FRIST has said repeatedly he wish- Mr. President, I will support the bill tax is repealed? Each year in America, es we could repeal the entire estate before us, but should it fail, I will use a Nation of 300 million people: 8,200 tax, which would drive us even further my best efforts to do what needs to be families. You have to search long and and further into debt. American family done. I will stick by my word to the hard to find them. These are families prosperity. We are safe in the bosom of who are so well off, who have done so American people and ask those who the Grand Old Party when all they can well in this great Nation, who have give their word to keep it with me. Ei- dream up are new ways to create debt benefited from this democracy and the ther result would be right for the peo- by giving tax breaks to the wealthiest blessings of liberty, who have enjoyed a ple. To do neither and not act on ex- people in America. comfortable life because of their pros- tenders would be the wrong thing for perity, who now have taken millions of But there is a spoonful of sugar with the people. That is why we are here to dollars to hire the most effective lob- this bitter medicine. They are going to serve the people. We are here to gov- byists in Washington, DC to push finally increase the minimum wage. It ern. through this outrageous special inter- didn’t take them long to come around The PRESIDING OFFICER. The Sen- est legislation. to this position—only 9 years. It has ator from Illinois. Trifecta: Many more losers than win- been 9 years since we enacted a min- Mr. DURBIN. Mr. President, I ask to ners, but the winners are those 8,200 imum wage of $5.15 an hour; 9 years be recognized for 10 minutes on the mi- families. That is what this is all about. while they resisted us for every single nority time. Of course, they came up with a new attempt we have made to increase the Mr. REID. Mr. President, I will be name tonight. It is not just the minimum wage for some of the lowest- happy to yield 10 minutes to the distin- trifecta. You have to hand it to who- paid, hardest-working people in Amer- guished minority whip. ever sits in the bowels of the Capitol ica; 9 years of saying no to every single The PRESIDING OFFICER. Without and dreams up the names for the out- proposal to give single moms raising objection, it is so ordered. The Senator rageous bills they bring to the floor. children enough money so they can put from Illinois is recognized for 10 min- Senator REID has reminded us so many their kids safely in day care, so they utes. times that they had the nerve to call a can buy their medicine and food and Mr. DURBIN. Mr. President, this leg- bill the ‘‘Deficit Reduction Act’’ which have a decent home to live in; 9 years islation is known as the trifecta. What increased the deficit. They had the of saying no. a perfect name. What a perfect name nerve to call a bill the ‘‘Healthy Forest for this legislation. Do you know what And what led to this death-bed con- Act’’ which cut down trees. They had version by the Republicans at this mo- a trifecta is? It is when you go to the the nerve to name a bill the ‘‘Clean racetrack and you pick the horses that ment in time? Could it be the threat of Skies Act’’ which resulted in more air the Democrats that there will be no win, place, and show in the proper pollution. And they had the nerve to order—first, second, and third. The rea- congressional pay raise until the min- call a bill part of the ‘‘ownership soci- imum wage is increased? That kind of son that is the right name for this bill ety’’ which privatized Social Security. gets your attention around the halls of is that a trifecta is a high-stakes gam- Now comes ‘‘family prosperity.’’ Oh, Congress. Apparently it caught the at- ble. That is exactly what this bill is. It you just want to pull up a chair by the is a high-stakes gamble with America’s fireplace, relax, look at the ceiling and tention of the Republicans. future. A trifecta is also a bet where think: Thank God prosperity has ar- Could it be the looming election there are many more losers than there rived. And what does this bill do? This where the Bush-Cheney economic poli- are winners. And that is exactly what bill piles on the national debt. This bill cies are viewed so negatively across this bill is. There will be many more adds to the outrageous debt which we America, where people realize that av- losers in America, if this bill is en- have seen accumulated under this erage working families are falling far- acted, than winners. President. ther and farther behind, that now the How about the winners when it comes Take a look at this, my friends who Republicans want to increase the min- to the estate tax? How many Ameri- call yourselves fiscally conservative. imum wage?

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2006 CONGRESSIONAL RECORD — SENATE S8729 Well, it could be all of those things. We have heard a lot of talk that some more money from abroad. Where But even in their effort to get well 100 there is a death tax in this country. All are we going to get this money? The days before the election, they blew it. of us in this Chamber know there is no country we borrow the most from is They blew it. Because in seven States death tax. There is a tax that applies Japan, so a lot of this money would be they wrote the minimum wage change to estates that wealthy individuals borrowed from Japan. The next coun- in a way which will force a pay cut on have in this country, but only three- try that we owe the most money to is thousands of hard-working people. The tenths of 1 percent of estates pay any China, so we would have to borrow waiters and waitresses who depend on tax in America. more money from the Chinese to give tips in seven States will get a pay cut This shows the current level of ex- this tax reduction to just a handful of with this so-called minimum wage in- emptions. In 2006 a couple has to have Americans. crease. $4 million before they pay a penny of It is an outrage, Mr. President. It is estate tax. In 2009, that will rise to $7 Right now, there will only be 13,000 an outrage that we have reached this million for a couple. Some of us believe taxable estates in the entire country in point in America where the party that we ought to increase the exemption be- 2006. By 2009, that will be down to 7,000. used to pride itself on fiscal conserv- fore 2009 to this $7 million level, but When our friends call this family pros- atism can add $753 billion to our na- that is not the proposal before us. perity, they are right. They are talking tional debt without flinching. They The proposal before us is to virtually about family prosperity for 7,000 fami- don’t care to cut any spending or in- eliminate the estate tax or certainly lies in America, and they want to shift crease any other taxes; they are going the revenue that flows from it. In fact, the burden on to all of the other Amer- to heap this debt on future genera- as my colleague from Illinois just indi- ican families. That is what this is tions. Boy, if that isn’t a recipe for cated, the proposal before us will cost about. family prosperity, I can’t imagine what us three-quarters of the money that If you are listening to this debate, if would be. And then they turn around complete elimination of the estate tax you have assets—— after 9 years of saying no every chance would cost: $750 billion in the first 10 they have had to an increase in the years that it is fully effective. This at The PRESIDING OFFICER. The Sen- minimum wage. Now they can go along a time that we are borrowing money as ator’s time has expired. with it. They can give 6.6 million a nation in an unprecedented way. Mr. CONRAD. Mr. President, I ask Americans an increase in their basic Last year we borrowed 65 percent of unanimous consent for 30 more sec- minimum wage—as long as we promise all the money that was borrowed by onds. countries in the world. Let me repeat that the fattest of cats in America will The PRESIDING OFFICER. Without that. Last year, our country, which has get a great big bowl of tax cuts, tax objection, it is so ordered. cuts on the estate tax. That is what it now become the biggest debtor nation has come down to. in the world, borrowed 65 percent of all Mr. CONRAD. If you have assets of They have thrown other things in of the money that was borrowed by all more than $7 million, it is true, you this bill like tax extenders, but we all the countries in the world—65 percent. will face a tax. If you have assets and know what they are about. These tax A very weak second was Spain at 6.8 you are a family, if you have more extenders are kicked around like a percent, and the United Kingdom at than $7 million, you will face a tax. football every congressional session. less than 4 percent. Now, that is the only instance in which You wait and decide which bill you put The point is very clear. This is abso- you will. them on to try to entice people to vote lutely unaffordable at a time that we My friends, the proposal before us is for the bill because everyone agrees are running up massive debt. to reduce—for 7,000 families in America Our friends on the other side say: with them. Everyone understands that who are in that category in any one Well, we have a good idea. Let’s elimi- they are necessary for our economy. year—reduce their obligation and shift nate some more revenue and let’s People of all political stripes support it to all of the rest of us. That is not eliminate it on those who are the them. fair. That is not right. The PRESIDING OFFICER. The Sen- wealthiest three-tenths of 1 percent of ator’s time has expired. the American population. The PRESIDING OFFICER (Mr. EN- Mr. DURBIN. I ask unanimous con- If anybody wonders about the budg- SIGN). The Democratic leader is recog- sent for 30 additional seconds. etary impacts or whether this is fis- nized. The PRESIDING OFFICER. Without cally responsible, here are the budget Mr. REID. Mr. President, I would say objection, it is so ordered. points of order that this legislation be- through the chairman to my distin- Mr. DURBIN. I would just like to say fore us now violates. It violates the guished friend, that is a net estate; it in closing, the American people know pay-go rule. It exceeds the pay-go is not 7 million worth of property. better. This is a high-stakes gamble scorecard by more than $12 billion. with America’s future. This trifecta is On revenue, it exceeds the 2006 First of all, I would like to extend going to have many more American through 2010 revenue floor by more my compliments to CHARLES GRASS- losers than winners. This is the worst than $6 billion. It exceeds the outlay LEY, the senior Senator from Iowa, a special interest bill I have seen in my allocation for 2006 and 2006 through 2010 gentleman farmer who we are so fortu- time in Congress. for the Finance Committee by $1.5 bil- nate to have in the Senate. He, in his This will not bring prosperity to lion. It contains unfunded mandates on gentlemanly way, indicated in his America’s families. This will bring State and local governments that are speech tonight how terribly upset he deeper debt to our Nation at a time all subject to a point of order. was for what happened a week ago. We when we don’t need it. This is the first It reduces the Social Security sur- had this all worked out. The conference President in the history of the United pluses, also subject to a point of order. was completed. The extenders would States to call for cutting taxes in the Let me just say to my colleagues, if have been done. The pension bill would midst of a war, asking sacrifice from this measure would pass tonight and have been passed. soldiers and their families and turning cloture would be invoked, I intend to Senator BAUCUS, who has been a part- around to the wealthiest in America raise every single one of these budget ner with Senator GRASSLEY for a long and saying: We are going to give you a points of order, and we will see who is time, is not here tonight. As we speak, tax cut. That is an outrage. serious about being fiscally responsible he is in Dover, DE, meeting his brother I hope my colleagues will join me in and who is not. and his nephew, Philip. Philip is in a opposing this trifecta. Don’t buy a I have shown this chart to my col- casket, having arrived from Iraq where ticket on this race, because it is a leagues many times. It took 42 Presi- he was killed. loser. dents—all the Presidents pictured Mr. REID. Mr. President, I yield 5 here—224 years to run up $1 trillion of MAX BAUCUS would like to be here, minutes to the distinguished Senator debt held abroad. This President has but we are going to have printed in the from North Dakota, the ranking mem- more than doubled that amount in just RECORD what MAX BAUCUS said: ber of the Budget Committee. 5 years. Political games congressional leaders Mr. CONRAD. Mr. President, I thank What are our colleagues saying? Our played with this bill are not the way to get the leader for this time. colleagues are saying: Let’s go borrow the job done. I hope that cooler heads can

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8730 CONGRESSIONAL RECORD — SENATE August 3, 2006 prevail and we can work together for sen- est of the poor, it is phased in over 3 Oh, well, not really. It is $200 billion sible reform in the future. years. less than that. My distinguished friend, the majority So the leader has said: OK, you ac- We are told by the other side that leader, has placed a name on this legis- cept this; take this or leave it. If you with this trifecta—which we have nick- lation called the Family Prosperity don’t accept this, we are not going to named the ‘‘defecta’’—8,100 of the Act. I suggest that it should be called do the extenders and we are not going wealthy and well-off hit the jackpot the Prosperous Family Act. This legis- to do pensions. while millions of working families get lation would only help the prosperous— We have worked that out. Thank $800 billion in debt. It is another exam- only the prosperous. This should be goodness we have been able to do the ple of this do-nothing Congress putting called the Prosperous Family Act. pensions. And we are certainly not their political interests ahead of Amer- Sunday’s Washington Post had a going to do the minimum wage. We ica’s interests. quote from my friend—and I know a knew that. We know they don’t like a We keep hearing from the other side friend of the distinguished Presiding minimum wage. how the Senate needs to repeal the es- Officer—Tennessee Congressman ZACH But it is a threat, and it is a perfect tate tax to preserve and protect small WAMP. In this column he is quoted metaphor for this do-nothing Congress. businesses and family farms. That is a about why Democrats don’t support the For the last 19 months, congressional myth. Very few small businesses or bill we are about to vote on. Congress- Republicans have done nothing for the family farms pay any estate tax. man WAMP said: I know why Democrats people. The little they have done on be- are mad. We’ve outfoxed them. half of special interests and the well The State of California is a State of Again: connected has made America less safe 35 million people. The State of Cali- I know why you’re mad. You have seen us and the life of the middle class much fornia is the breadbasket of this coun- really outfox you. more difficult. try. They grow so many things in the It is not us, the Democrats, they Look at the record. This Congress Imperial Valley and other places tried to outfox; it is the American peo- will be remembered more for inter- throughout California. ple. There is just one problem with this fering in the Terry Schiavo case than Senator DIANNE FEINSTEIN asked the Republican legislation, this Republican it will for trying to solve America’s Farm Bureau, which supports repeal of shell game, this trick—the American health care crisis. On every major the estate tax: Tell us how many farms people will not fall for it. As my col- issue, the Republican Senate has been were lost by families because of the es- league, Senator DURBIN, said: This is a missing in action. tate tax. bet, and a bad one. The American peo- Look at Iraq. Look at Iraq. Tens of None. None. Over a 10-year period of ple simply are too smart to be out- billions of dollars to repair the equip- time—none. foxed. Americans are too smart to be ment and machinery our fighting tricked into cutting the wages of forces use; these gallant men and It is the same with small businesses. 136,000 Nevadans, and more than a mil- women—about 2,600 of them having In fact, the Small Business Council of lion, by far, people in Oregon, Wash- been killed and more than 20,000 America has said that the repeal of the ington, Montana, California, Nevada. wounded, a third of them grievously, estate tax will actually harm most Those States, under this so-called and hundreds of billions of dollars more small business owners because of how Family Prosperity Act, would give less in red ink. What we have said is please it will change the tax benefits they to those families who are struggling, change course. But on party-line votes: currently receive. struggling every day. In Nevada there No. I am all for fixing the estate tax. I are 136,000 of them. They work for min- In fact, the situation is being made have said so. But there is no reason for imum wage. If they work 40 hours a worse by rubberstamping President this fiscal irresponsibility, And it is a week, 52 weeks a year, they make Bush’s failed policies and allowing him virtual repeal. $10,700, plus some tips in those seven to stay the course, even as the evidence I talked this morning for a little States. But not under this bill. In suggests we desperately need to change while about two of the richest men in seven States, the poorest of the poor course. the world. The richest man in the would get a pay cut. They would get a It is the same on the economy. We world, Warren Buffett, he is totally op- pay cut so that 8,100 multimillionaires live in a very stressful economic situa- posed to repealing the estate tax, as can enjoy almost $800 billion in tax tion. Over the last 6 years, the rich well as the Gates family. Pierre breaks. have gotten richer, the poor have got- Omidyar lives in Las Vegas, NV—Hen- Americans are too smart to be ten poorer, and the middle class is derson, actually—a rich man, worth tricked into forgoing middle-class tax being squeezed. Even the administra- over $10 billion. He is a young man. He revenue so America can borrow hun- tion admits their policies have failed is the man who invented eBay. The dreds of billions of dollars to give tax for working Americans. Listen to what first time I had dinner with him he breaks to the wealthy few. Americans the Secretary of Treasury had to say said: Whatever you do, don’t mess are too smart to accept any more debt the day before yesterday, Hank around with the estate tax. I owe my and deception from this do-nothing Paulson. country the prosperity that I have. Congress. Amid this country’s strong economic ex- Here we are at 9:20, finishing this In fact, I had a conversation yester- pansion, many Americans simply aren’t feel- day with the head of the Business work session. The Defense bill isn’t ing the benefits. . . . Many aren’t seeing sig- complete. The pension bill isn’t com- nificant increases in their take-home pay. Roundtable. He said that all he cares plete. I hope it will be within an hour Their increases in wages are being eaten up about in the trifecta, the Prosperous and a half or so. Middle-class tax relief by high energy prices and rising health care Family Act—or the ‘‘defecta’’—is that isn’t complete, the so-called extenders. costs, among others. we do something to extend the R&D Minimum wage has not been made pos- The Secretary of Treasury said it. tax credit. That is so important to sible for almost 10 years. Why? Because Has the Republican Congress done any- him, he said. Guess where the R&D tax the majority doesn’t believe in it. They thing to turn this situation around? credit is. It is being held hostage with don’t believe in having a decent stand- No. In fact they are seeking to make this, along with some of the other add- ard of living for the poor. Let the free matters worse with the Prosperous ons. market decide. Family Act—the Prosperous Family The American people deserve more. But, remember, the people drawing Act. It is unimaginable that the Repub- minimum wage are not kids at McDon- This bill, as I said, will cut the wages licans would deny millions of small ald’s flipping hamburgers. Sixty per- of millions of people, most of them in businesses the research and develop- cent of the people drawing minimum the West. This bill will add to the ment tax credit. It is unimaginable the wage are women, and for the vast ma- bankruptcy coming about of our coun- Republicans would deny 15 million jority of those women, that is the only try, as expressed by the ranking mem- workers a $2.10 raise. It is unimagi- money they get for them and their ber of the Budget Committee, Senator nable they would deny millions of mid- families. Not only do they have a tax CONRAD. It will add almost $1 trillion dle-class families tax relief with our cut for those seven States for the poor- to the debt—$1 trillion. extenders. If 8,100 of their wealthy

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2006 CONGRESSIONAL RECORD — SENATE S8731 friends don’t get billions of dollars of There being no objection, the mate- hairdressers, maids, manicurists, mas- tax breaks first—nothing. rial was ordered to be printed in the sage therapists, parking lot attend- Soon the Senate will say its last RECORD, as follows: ants, personal care and services work- words regarding the estate tax for this STATE OF WASHINGTON, ers, service station attendants, taxi session of Congress, I hope. When this DEPARTMENT OF LABOR AND INDUSTRIES, drivers, and chauffeurs. vote is completed, I hope we move on Olympia, WA, August 3, 2006. It appears, indeed, that the provision to the people’s business—I will use Hon. PATTY MURRAY, United States Senator, in this bill will dramatically reduce leader time right now—and the major- the income of thousands of workers in ity leader will consider his threat to Russell Senate Office Building, Washington, DC. my State and other States. never bring back middle-class tax relief Hon. MARIA CANTWELL, and the minimum wage back to the I again reiterate that is why we are United States Senator, opposed to this bill. floor this session. If he is serious about Hart Senate Office Building, Washington, DC. that threat, it just can’t happen, and DEAR SENATORS MURRAY AND CANTWELL: I yield the floor. we will fight this. When the Senate re- Your office asked me to respond to an in- Mr. BYRD. Mr. President, important quiry as to how the proposed HR 5970 would turns in November, Democrats will not provisions in H.R. 5970 provide a long- go home until the middle-class tax re- affect workers in the state of Washington. As you know, Washington State does not term solution for the Abandoned Mine lief package, the extenders, is passed. recognize tips as part of the minimum wage. Land, AML, program as well as resolve My friend can make all the threats he Tipped employees are entitled to the full the uncertainty of the health care wants, but the Senate will not adjourn minimum wage, currently $7.63 an hour. Ad- needs for retired miners and their fami- until hard-working Americans get the ditionally, Initiative 688, passed overwhelm- lies. Right now, there are 52,320 retired help they need. They have to have it. ingly by voters in 1998, tied the minimum miners and their families nationwide They have waited 19 months. By then it wage to the Consumer Price Index, to be re- who depend on these critical funds to calculated and adjusted each year. will be longer. provide for their health care needs. At America needs new direction. I began The proposed bill, Section 402 of HR 5970, which amends the Fair Labor Standards Act least 17,195, or about one-third of these with a quote by Congressman ZACH to add a paragraph that states: people, are in West Virginia. I have WAMP. Here is another thing Repub- (2) Notwithstanding any other provision of also worked for many years to keep the licans have been saying about their this Act, any State or political subdivision AML program going for West Virginia ‘‘defecta’’ bill. They have been calling of a State which on or after the date of en- and other coal-producing States. This it a win-win. actment of the Estate Tax and Extension of important program cleans up old mine My friend, the majority whip, Sen- Tax Relief Act of 2006 excludes all of a tipped employee’s tips from being considered as hazards and improves the environment ator MCCONNELL, said: ‘‘There’s no in the coalfields. I have always been risk. It’s all reward.’’ wages in determining if such tipped em- ployee has been paid the applicable min- there to shore up the funding for our No risk? Tell that to the millions of imum wage rate, may not establish or en- coal miners’ health care funds, and I workers who have been making $5.15 force the minimum wage rate provisions of have always been there for the AML for the last 10 years on the verge of such law, ordinance, regulation, or order in program. The bill before us today is an waiting another year at least. such State or political subdivision thereof opportunity to solve these issues per- Win-win? Tell that to the millions of with respect to tipped employees unless such manently, and I embrace it. middle-class families and small busi- law, ordinance, regulation, or order is re- nesses that will be denied tax relief be- vised or amended to permit such employee to H.R. 5970 would also address the Fed- cause Republicans have put their polit- be paid a wage by the employee’s employer eral estate tax, something that the in an amount not less than an amount equal small business owners and farmers of ical interests first. to— All reward? Republicans have not my State have made clear is a priority (A) the cash wage paid such employee for them, and in need of reform. In the outfoxed anyone. The American people which is required under such law, ordinance, can see through these political games. regulation, or order on the date of enact- past, I have supported legislation to in- I am hopeful that the cloture motion ment of the Estate Tax and Extension of Tax crease the estate tax exemption, and to will fail, and I am confident the Repub- Relief Act of 2006; and lower the top tax rate, as an alter- lican’s cynical approach to dealing (B) an additional amount on account of native to permanent repeal. This bill is with the needs of our country will be tips received by such employee which consistent with those past efforts that amount is equal to the difference between I have supported. rejected. the cash wage described in subparagraph (A) Mr. President, I ask unanimous con- and the minimum wage rate in effect under Senators have raised concerns about sent that Senator MURRAY be allowed such law, ordinance, regulation, or order, or the cost of this bill, and its effect on to speak for 2 minutes. Is that OK with the minimum wage rate in effect under sec- the Federal budget. The fiscal course of the majority leader? I have time left. I tion 6(a), whichever is higher. deficits and debt chosen by the admin- know we want to move on. Under our preliminary analysis, this pro- istration is abominable, and I have ad- Mr. FRIST. Yes. posal, in effect, appears to nullify an em- vocated tirelessly that the Congress ployer’s obligation to pay the minimum abandon it. But of the budget-busting The PRESIDING OFFICER. The Sen- wage rate in RCW 49.46.020 with regard to ator from Washington is recognized for tipped employees. This means that Wash- measures endorsed by the Congress, 2 minutes. ington workers who receive tips—typically this one does not rate top billing. The Mrs. MURRAY. Mr. President, a service industry workers—would see a de- revenue loss from the estate tax por- question has been raised about whether crease in income. However, the proposal does tion of this bill would not begin for 3 the minimum wage provision affecting give states the right to amend their laws to years, and the effect on the Federal States that allow tips to be exempt specifically reinstate their current minimum budget would not be felt until the next would be impacted by the legislation wage rate laws. Until and unless the Wash- decade. Meanwhile, the health care ington State Legislature amends the min- needs of my State’s retired coal miners that is before us. I ask unanimous con- imum wage act to reinstate the current wage sent to have printed in the RECORD a rate provision for tipped employees, it would and their families are immediate and letter from Gary Weeks, who is the di- diminish workers’ rights in Washington urgent. I will not vote against those rector of the Washington State Depart- State. miners who need this assistance now, ment of Labor and Industries, that says I trust that this is useful information. based upon budget projections that definitively: Please let me know if I can be of further as- may not mean much until the next dec- sistance. Under our preliminary analysis, this pro- ade. Sincerely, posal, in effect, appears to nullify an em- GARY K. WEEKS, This bill would also guarantee a $2.10 ployer’s obligation to pay the minimum Director. increase in the Federal minimum wage wage rate in RCW 49.46.020 with regard to within the next 3 years. Should a new tipped employees. This means that Wash- Mrs. MURRAY. Mr. President, their ington workers who receive tips—typically preliminary analysis shows that this Congress revisit the issue, I hope that service industry workers—would see a de- provision would take away the wages that schedule could be accelerated. crease in income. and reduce it dramatically for waiters This bill would raise wages for work- I ask unanimous consent to have and waitresses, bartenders, barbers, ers who need it the most. It would pro- that printed in the RECORD. baggage porters, cooks, dishwashers, vide health care to retired coal miners

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8732 CONGRESSIONAL RECORD — SENATE August 3, 2006 and resolve our Nation’s mine reclama- ple, will see her hourly wages drop by of denying more than a million tipped tion needs. It would codify a com- $5.50 an hour. That’s almost $11,500 per workers the protections of the min- promise measure that is less than re- year. A hotel maid in Oregon will see imum wage, we should raise the wage peal and consistent with previous ef- her hourly wages drop by $5.37 an hour. and expand the protection. The people forts to try to reform the estate tax to That’s almost $11,200 a year. who work in our restaurants, carry our help small businesses and farmers. Now the Republicans have spent a lot bags, and clean our hotel rooms work This is a good bill for West Virginia, of time on the floor today trying to ex- hard for a living, and they deserve bet- and it should receive an up-or-down plain why this giveaway for the res- ter. vote on this floor. taurant industry won’t actually hurt Everyone in America knows that Mr. KENNEDY. Mr. President, we American workers. My Republican col- after 10 long years without one, min- have seen many outrages from this Re- leagues—particularly the junior Sen- imum wage workers deserve a raise. publican Congress but none that dem- ator from Oregon earlier this after- But this Republican bill is a cynical onstrates such utter contempt for the noon—accused Democrats of misrepre- ploy to strongarm outrageous tax American people as holding the min- senting what this bill does. And they breaks for the wealthy through Con- imum wage hostage to give tax give- supported their claims with a letter au- gress on the backs of America’s hard- aways to the wealthiest Americans. thored by the chief lobbyist for the working, low-wage workers. Repub- The Republican leadership is playing a American Restaurant Industry. But the licans are using minimum wage fami- cynical game of politics with the lives Republicans’ claims that the bill is lies as a human shield to smuggle of millions of hardworking American harmless just don’t hold water—par- through tax giveaways. It’s wrong. It’s families. ticularly when you look at this docu- unfair. It has no place in America. And It may be a political game for Repub- ment from the American Restaurant we’re not going to let it happen. licans, but it is hard reality for low- Industry’s own website claiming credit Mr. President, I ask unanimous con- wage workers who worry every day if for the tip provision and bragging sent to print the documents to which I they can pay the bills. The bill is just about how much money it will save referred in the RECORD. a bad bargain for minimum wage work- employers. The Republicans know ex- There being no objection, the mate- ers. The minimum wage increase they actly what this provision does—it rial was ordered to be printed in the receive does not have the same benefits takes money out of workers’ pockets. RECORD, as follows: as the Democratic proposal—1.8 million It’s a scandalous special interest give- fewer workers would benefit because away to the restaurant industry, and CONGRESSIONAL RESEARCH SERVICE, Washington, DC, August 2, 2006. the increase is phased in too slowly. it’s outrageous. And what’s worse, this Republican When we examine other, less partisan MEMORANDUM bill takes money right out of the pock- analyses, it’s clear that the bill would To: HON. BARBARA BOXER, Attention: Alex- ets of more than 1 million tipped work- do devastating harm to workers. The ander Hoehn-Saric. ers in seven States. It’s a pay cut for Congressional Budget Office says the From: Jon O. Shimabukuro, Legislative At- maids, waitresses, bellhops, and other bill ‘‘would preempt the minimum torney, American Law Division. Subject: Section 402 of H.R. 5970, the Estate Americans who rely on tips to make a wage laws of States that exclude tips Tax and Extension of Tax Relief Act of living. The Republican bill would boost from being considered as wages in de- 2006. the bottom line for America’s res- termining if certain employees have This memorandum provides a brief inter- taurants, while taking money away been paid the minimum wage.’’ The pretation of section 402 of H.R. 5970, the Es- from hardworking Americans who de- Congressional Research Service says tate Tax and Extension of Tax Relief Act of pend on tips to support themselves and the bill would force the affected States 2006. Section 402 would amend section 3(m) of their families. to choose ‘‘between the federal tip the Fair Labor Standards Act (‘‘FLSA’’) to Under current Federal law, res- credit requirements or the adoption of address the treatment of certain tipped em- taurant owners can pay their waiters a law that allows for some form of a tip ployees. A tipped employee is ‘‘any employee and waitresses as little as only $2.13 an engaged in an occupation in which he cus- credit under State law.’’ Even the Bu- tomarily and regularly receives more than hour, and the rest of their compensa- reau of Labor and Industries in Senator $30 a month in tips.’’ tion is supposed to come from tips. The SMITH’s home State of Oregon says Under the FLSA, an employer of a tipped same is true for hotel maids, parking that this bill will ‘‘trample States’ employee is only required to pay $2.13 per attendants, bartenders—all workers rights and reduce the wages of thou- hour in direct wages if that amount, when who rely on tips to make a living. Fed- sands of Oregonians already struggling coed with the tips received by the employee, eral labor and employment law sets a to make ends meet.’’ equals at least the federal minimum wage. If minimum floor, but States are free to I will ask to have all three of these the employee’s tips combined with the em- guarantee higher wages for tipped documents printed in the RECORD. ployer’s direct wages of at least $2.13 per workers. In fact, the Fair Labor Stand- But we don’t even have to rely on hour do not equal the federal minimum hour- these respected authorities to know ly wage, the employer must make up the dif- ards Act encourages States to enact ference. what this bill does. Let’s look at the laws that are more protective for work- Section 402 of H.R. 5970 would amend the ers than the Federal law. language itself. The bill says, on page FLSA’’ to add the following paragraph to Seven States—Alaska, California, 182, that any State that has a min- section 3(m) of the Act: Minnesota, Montana, Nevada, Oregon imum wage law requiring that tipped (2) Notwithstanding any other provision of and Washington—do not allow a ‘‘tip workers be paid the full minimum this Act, any State or political subdivision penalty.’’ They guarantee that tipped wage plus any tips they receive ‘‘may of a State which on or after the date of en- workers get the full State minimum not establish or enforce the minimum actment of the Estate Tax and Extension of wage plus any tips they receive. wage rate provisions of such law, ordi- Tax Relief Act of 2006 excludes all of a tipped But the Republican bill would take nance, regulation, or order in such employee’s tips from being considered as power away from the States by nul- State or political subdivision thereof wages in determining if such tipped em- ployee has been paid the applicable min- lifying these State laws providing with respect to tipped employees.’’ It imum wage rate, may not establish or en- stronger wage protections for tipped couldn’t be more clear. The bill is nul- force the minimum wage rate provisions of employees than the Federal standard. lifying State laws. Once these State such law, ordinance, regulation, or order in In fact, the bill would change the min- laws are rendered ineffective, the af- such State or political subdivision thereof imum wage for tipped workers in these fected workers will be covered only by with respect to tipped employees unless such seven States, requiring them to be paid the Federal law and will lose thousands law, ordinance, regulation, or order is re- only the Federal minimum wage—not from their paychecks, until and unless vised or amended to permit such employee to the higher State minimum wage—until their State enacts a new law that is be paid a wage by the employee’s employer in an amount not less than an amount equal the State enacts a law with a tip pen- more to the restaurant industry’s lik- to— alty. ing. (A) the cash wage paid such employee Under this bill, tipped workers would This is despicable—it is truly Robin which is required under such law, ordinance, see drastic reductions in their take- Hood in reverse, robbing from some of regulation, or order on the date of enact- home pay. A waitress at a family res- the most vulnerable workers on a bill ment of the Estate Tax and Extension of Tax taurant in Washington State, for exam- that gives tax cuts to the rich. Instead Relief Act of 2006; and

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2006 CONGRESSIONAL RECORD — SENATE S8733 (B) an additional amount on account of The estimated budgetary impact of the act cation expenses ($2,000 to $4,000, depending tips received by such employee which is shown in the attached table. on gross income) through December 31, 2007. amount is equal to the difference between CBO has reviewed the non-tax provisions of This provision would decrease revenues by the cash wage described in subparagraph (A) the legislation—subtitle A of title III and all an estimated $1.6 billion in 2007 and $1.7 bil- and the minimum wage rate in effect under of title IV—for mandates and has determined lion in 2008. such law, ordinance, regulation, or order, or that title III contains a private-sector man- Title III would make changes to the Sur- the minimum wage rate in effect under sec- date and title IV contains both intergovern- face Mining Control and Reclamation Act tion 6(a), whichever is higher. mental and private-sector mandates as de- and the Internal Revenue Code of 1986. CBO Seven states do not recognize a tip credit fined in the Unfunded Mandates Reform Act, estimates that those provisions would in- for employers of tipped employees. In these UMRA. CBO estimates those mandates would crease net revenues by $560 million over the states, the prescribed minimum wage is the impose costs that exceed the annual thresh- 2007–2011 period and by $1.0 billion over the same for both tipped and non-tipped employ- olds established in that act ($64 million for next 10 years. ees. Stated differently, in these states, none intergovernmental mandates and $128 mil- These estimates for title III are the net re- of a tipped employees tips may be considered lion for private-sector mandates, in 2006 ad- sult of two sets of provisions. CBO estimates for purposes of determining if such employee justed annually for inflation.) that reauthorizing certain fees charged to has been paid the applicable minimum wage JCT did not review the tax provisions of companies that produce coal would increase rate. Under the proposed language, such H.R. 5970 for mandates. revenues by $600 million over the 2007–2011 states would seem to be prohibited from en- Pursuant to section 407 of H. Con. Res. 95 period and by $1.3 billion over the next 10 forcing the minimum wage rate provisions of (the Concurrent Resolution on the Budget, years (net of effects on income and payroll their laws with respect to a tipped employee Fiscal Year 2006), CBO estimates that enact- tax receipts). We also estimate that provi- unless such laws are ‘‘revised or amended to ing H.R. 5970 would not cause an increase in sions that affect the financing of retiree ben- permit such employee to be paid a wage by direct spending greater than $5 billion in any efits for certain retired coal miners would the employee’s employer in an amount not of the 10-year periods between 2016 and 2055. reduce federal revenues, on net, primarily by less than’’ what is prescribed in the proposed (Direct spending would exceed $5 billion over reducing premiums paid by certain coal com- subparagraphs (A) and (B). the 2007–2016 period, primarily because of Under general principles of statutory con- amendments to the Surface Mining Control panies in the future. Such changes would re- struction, the meaning of a statute must, in and Reclamation Act, but these effects sult in a net revenue loss of $40 million over the first instance, be sought in the language would be significantly lower for subsequent the 2007–2011 period and $300 million over the in which the act is framed. If the language is 10-year periods.) next 10 years. plain, a reviewing court will enforce it ac- REVENUES DIRECT SPENDING EFFECTS cording to its terms. In this case, the pro- H.R. 5970 would make several changes to H.R. 5970 includes several provisions that posed language would seem to refer clearly tax law, resulting in decreases in federal rev- would increase direct spending. CBO and JCT to those states that exclude ‘‘all of a tipped enues. JCT and CBO estimate that the legis- estimate that the bill would increase outlays employee’s tips from being considered as lation would decrease revenues by $15.4 bil- by $83 million in 2006, by $3.8 billion over the wages in determining if such tipped em- lion in 2007, by $48.1 billion over the next five 2007–2011 period, and by $7.3 billion over the ployee has been paid the applicable min- years, and by $302.4 billion through 2016. 2007–2016 period. imum wage rate.’’ California, as one of seven Title I would modify rules related to the The bulk of the new direct spending stems states that does not recognize a tip credit, estate and gift taxes. Currently, the effective from the Surface Mining Control and Rec- would probably be affected by the enactment exemption amount for the estate tax is larg- lamation Act Amendments of 2006 (title III). of the proposed language. As an affected er than that for the gift tax. In 2009, under Title III would make several changes to the state, California would appear to be unable current law, the estate exemption will be $3.5 Surface Mining Control and Reclamation to enforce its minimum wage rate laws with million, while the gift tax exemption will be Act and the Internal Revenue Code of 1986. respect to tipped employees until it ‘‘revised $1 million. Under H.R. 5970, the estate and CBO estimates that enacting this title would or amended’’ such laws to permit tipped em- gift exemption amounts would be equal to increase direct spending by $2.1 billion over ployees to be paid a wage that conforms to each other, as they were prior to enactment the 2007–2011 period and by $4.9 billion over subparagraphs (A) and (B) of the proposed of the Economic Growth and Tax Relief Rec- the next 10 years. (Such spending would drop language. Thus, if enacted, California would onciliation Act of 2001. Further, the exemp- off, though not completely, after 2016.) appear to have to choose between the federal tion would be increased to $5 million in 2015. tip credit requirements or adopt a law that The estate and gift tax rates would be re- Most of the increased spending under title allows for some form of a tip credit under duced after 2009, and any unused exemption III—$3.8 billion over the next 10 years—would state law. amounts would be allowed to be used by a be payments by the Department of the Inte- surviving spouse. JCT estimates that this rior to states, primarily to support efforts to U.S. CONGRESS, title would reduce revenues by $14.9 billion reclaim land that has been mined for coal CONGRESSIONAL BUDGET OFFICE, over the 2007–2011 period and by $267.6 billion and for other public purposes. (Roughly $2 Washington, DC, August 1, 2006. over the 2007–2016 period. billion of that amount would come from the Hon. JUDD GREGG, Title II would extend and modify various general fund of the Treasury; additional Chairman, Committee on the Budget, U.S. Sen- tax relief provisions in current law. JCT and amounts would come primarily from reve- ate, Washington, DC. CBO estimate that this title would reduce nues collected as a result of the legislation.) DEAR MR. CHAIRMAN: As you requested, the revenues by $15.5 billion in 2007, by $35.3 bil- An additional $1.1 billion would be spent Congressional Budget Office, CBO, and the lion over the 2007–2011 period, and by $38.2 under the legislation for health benefits of Joint Committee on Taxation, JCT, have es- billion over the 2007–2016 period. certain retired coal miners and their depend- timated the direct spending and revenue ef- Provisions in title II include: ents and survivors who are eligible to receive fects of H.R. 5970, the Estate Tax and Exten- Modification (January 1, 2007, through De- retiree health benefits through the United sion of Tax Relief Act of 2006. cember 31, 2007) and extension (January 1, Mine Workers of America Benefit Funds. The legislation would increase the estate 2006, through December 31, 2007) of a research H.R. 5970 also would affect outlays by: and gift tax exemption amounts and reduce credit of 20 percent of the amount by which Instituting a refundable tax credit against the rates, as well as extend and modify var- a taxpayer’s qualified research expenses ex- the individual alternative minimum tax, ious other tax relief provisions. It also would ceed the base amount for that taxable year. which JCT estimates would increase outlays make several changes to the Surface Mining JCT estimates that this provision would re- by $1.0 billion over the 2007–2011 period and Control and Reclamation Act, and it would duce revenues by $7.5 billion in 2007, by $16.3 $1.2 billion over the 2007–2016 period. increase the minimum wage. JCT and CBO billion over the 2007–2011 period, and by $16.5 estimate that the legislation would decrease Authorizing, in effect, New York City or billion over the 2007–2016 period. the state of New York to spend certain fed- revenues by $15.4 billion in 2007, by $48.1 bil- Extension for two years of 15-year eral tax withholding amounts, which CBO es- lion over the next five years, and by $302.4 straight-line cost recovery for qualified res- timates would increase spending by $1.0 bil- billion through 2016. CBO and JCT estimate taurant property and leasehold improvement lion over the 2007–2016 period. that, under the bill, direct spending would property through December 31, 2007. JCT es- increase by $83 million in 2006, by $3.8 billion timates that this provision would decrease Extending for two years, through the end over the 2007–2011 period, and by $7.3 billion revenues by $418 million in 2007, by $2.9 bil- of 2007, the payment to the treasuries of over the 2007–2016 period. lion over the 2007–2011 period, and by $5.7 bil- Puerto Rico and the Virgin Islands of certain For some budget enforcement procedures, lion over the 2007–2016 period. amount of excise taxes on imported distilled the relevant budget periods are 2006–2010 and Extension for two years of taxpayers’ op- spirits. CBO estimates this provision would 2006–2015. Therefore, we are providing those tion to deduct state and local sales taxes in- increase outlays by $83 million in 2006 and summarized totals as well. CBO and JCT es- stead of state and local income taxes $95 million over the 2007–2008 period, assum- timate that enacting this legislation would through December 31, 2007. JCT estimates ing that H.R. 5970 is enacted in August 2006. decrease revenues by $32.524 billion over the that this would reduce revenues by $3.0 bil- Adding to the existing list of taxab1e vac- 2006–2010 period and by $240.664 billion over lion in 2007 and by $5.5 billion over the 2007– cines two additional vaccines, which CBO es- the 2006–2015 period. The act would increase 2009 period. timates would result in increases in spending direct spending for those periods by $3.008 Extension for two years of the deduction of $60 million over the 2007–2016 period be- billion and $6.866 billion, respectively. for qualified tuition and other higher edu- cause some of the proceeds of the excise tax

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8734 CONGRESSIONAL RECORD — SENATE August 3, 2006 are paid as compensation to injured individ- $128 million for private sector mandates, in under current law. CBO estimates that the uals and some of the vaccines are purchased 2006 adjusted annually for inflation.) costs to state, local, and tribal governments by Medicaid. Specifically, section 312 of title III would and to the private sector would exceed the Extending for one year the option for indi- create a mandate by requiring certain firms thresholds established in UMRA. viduals to include combat pay in earned in- that currently pay for health benefits for re- Finally, section 402 of title IV would pre- come for purposes of the earned income cred- tired coal miners (and their dependents and empt the minimum wage laws of states that it, which JCT estimates would increase re- survivors) through collectively bargained exclude tips from being considered as wages fundable outlays by $10 million in 2008. agreements to make additional payments for in determining if certain employees have INTERGOVERNMENTAL AND PRIVATE-SECTOR those benefits in specified years. At the same been paid the applicable minimum wage MANDATES time, other provisions would generate sig- rate. That preemption would be considered JCT did not review the tax provisions of nificant reductions in financial obligations an intergovernmental mandate as defined in H.R. 5970 for mandates. existing under current law with regard to UMRA; CBO estimates, however, that this CBO has reviewed the non-tax provisions of payments for retiree health benefits. mandate would not impose significant addi- the bill—subtitle A of title III and all of title In addition, section 401 of title IV would tional costs on states. IV—for mandates and has determined that amend the Fair Labor Standards Act to in- If you wish further details on this esti- title III contains a private-sector mandate crease the federal minimum wage in three mate, we will be pleased to provide them. and title IV contains both intergovern- steps from $5.15 per hour to $7.25 per hour. The CBO staff contact for this estimate is mental and private-sector mandates as de- The provision would impose mandates, as de- Emily Schlect. fined in UMRA. CBO estimates those man- fined in UMRA, on state and local govern- Sincerely, dates would impose costs that exceed the an- ments, Indian tribes, and private-sector em- DONALD B. MARRON, nual thresholds established in that act ($64 ployers because it would require them to pay Acting Director. million for intergovernmental mandates and higher wages than they are required to pay ESTIMATED CHANGES IN DIRECT SPENDING AND REVENUES UNDER H.R. 5970, THE ESTATE TAX AND EXTENSION OF TAX RELIEF ACT OF 2006 (By fiscal year, in millions of dollars)

2007– 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2011 2007–2016

CHANGES IN REVENUES Title I: Estate and Gift Tax Effective Ex- clusion Amount...... 0 0 0 0 ¥803 ¥14,096 ¥39,186 ¥44,073 ¥50,598 ¥57,157 ¥61,684 ¥14,899 ¥267,596 Title II: Extension and Expansion of Cer- tain Tax Relief Provisions ...... 0 ¥15,442 ¥10,211 ¥3,956 ¥2,572 ¥1,582 ¥838 ¥435 ¥382 ¥282 ¥142 ¥33,766 ¥35,847 Title III: Surface Mining E Control and Reclamation Act Amendments ...... 0 30 160 150 120 100 110 90 90 90 90 560 1,030 Total Changes in Revenues ...... 0 ¥15,412 ¥10,051 ¥3,806 ¥3,255 ¥15,578 ¥39,914 ¥44,418 ¥50,890 ¥57,349 ¥61,736 ¥48,105 ¥302,413 On-budget ...... 0 ¥15,410 ¥10,041 ¥3,805 ¥3,255 ¥15,578 ¥39,914 ¥44,418 ¥50,890 ¥57,349 ¥61,736 ¥48,092 ¥302,400 Off-budget ...... 0 ¥2 ¥10 ¥1 0 0 0 0 0 0 0 ¥13 ¥13 CHANGES IN DIRECT SPENDING Surface Mining Control and Reclamation Act Amendments: Budget Authority...... 0 40 460 480 580 590 650 660 630 430 430 2,150 4,950 Outlays ...... 0 40 450 480 570 590 640 660 630 420 430 2,130 4,910 Refundable AMT Credits: Budget Authority...... 0 0 349 283 224 174 128 86 0 0 0 1,030 1,244 Outlays ...... 0 0 349 283 224 174 128 86 0 0 0 1,030 1,244 Spending Authorized for New York: Budget Authority...... 0 40 160 0 200 100 100 100 100 100 100 500 1,000 Outlays ...... 0 40 160 0 200 100 100 100 100 100 100 500 1,000 Cover-over of Tax on Distilled Spirits: Budget Authority...... 83 77 18 0 0 0 0 0 0 0 0 95 95 Outlays ...... 83 77 18 0 0 0 0 0 0 0 0 95 95 Meningococcal Vaccine: Budget Authority...... 0 2 3 3 3 3 3 3 3 4 4 16 33 Outlays ...... 0 2 3 3 3 3 3 3 3 4 4 16 33 HPV Vaccine: Budget Authority...... 0 1 4 4 3 3 3 3 3 2 2 14 27 Outlays ...... 0 1 4 4 3 3 3 3 3 2 2 14 27 Extend Option to Include Combat Pay in Earned Income: Budget Authority...... 0 0 10 0 0 0 0 0 0 0 0 10 10 Outlays ...... 0 0 10 0 0 0 0 0 0 0 0 10 10 Total Changes in Direct Spending: Budget Authority...... 83 160 1,005 770 1,010 870 884 852 736 536 536 3,815 7,359 Outlays ...... 83 160 995 770 1,000 870 874 852 736 526 536 3,795 7,319 NET INCREASE IN BUDGET DEFICIT Net Change in Deficit...... 83 15,572 11,046 4,576 4,255 16,448 40,788 45,270 51,626 57,875 62,272 51,900 309,732 Notes: Components may not add to totals because of rounding. AMT = Alternative Minimum Tax. HPV = Human papillomavirus. Sources: Congressional Budget Office and Joint Committee on Taxation.

BUREAU OF LABOR AND INDUSTRIES, to link our state minimum wage to rises in and their families. I thank you for your con- Salem, OR, August 6, 2006. inflation. Each year, it is one of my proudest sideration. Hon. GORDON SMITH, duties as state labor commissioner to not Sincerely, Russell Building, only regulate the payment of minimum DAN GARDNER, Washington, DC. wages to workers, but to set the new wage Commissioner. DEAR SENATOR SMITH: I am writing to urge rate. However, while I agree with the origi- you in the strongest possible terms to cast a nal efforts of lawmakers to raise the federal Mr. LAUTENBERG. Mr. President, ‘‘No’’ vote on H.R. 5970. As Oregon’s Labor minimum wage above the current, embar- we have very few hours before we de- Commissioner, I am infuriated by this move rassing level of $5.l5 per hour, the political part for the August break. Let’s say we by the House of Representatives to trample hijacking of that effort has now resulted in have 6 hours—360 minutes—before we states’ rights and reduce the wages of thou- a bill that will hurt, rather than help, aver- leave to campaign or vacation or meet sands of Oregonians already struggling to age, hard-working Oregonians. with constituents back home. make ends meet. I would also appeal to your longstanding How are we going to use 360 minutes? I am speaking, of course, of the provision advocacy of states’ rights on a variety of The Republican leadership’s idea is in the bill imposing a ‘‘tip credit’’ upon an to use that precious time to pass the estimated 65,000 minimum-wage workers in issues. Why would you and your colleagues so-called ‘‘trifecta’’ bill. It’s a bill that Oregon. It is estimated that each of these waver from that stance when it comes to Or- workers—waiters, waitresses, bartenders egon’s minimum wage? was sent to us from the House, and I etc.—stand to lose on average $11,000 annu- For all these reasons, I strongly urge you think it symbolizes all that is wrong ally should this bill pass and become law. to vote against the ill-conceived and poten- with the Republican Congress. As you know, I am a long-time champion tially damaging piece of legislation. All For one, it is a cynical ruse. This bill of Oregon’s minimum wage and was one of working Oregonians will thank you for pro- holds the minimum wage hostage in ex- the petitioners in the successful ballot effort tecting their right to provide for themselves change for a dramatic reduction in the

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2006 CONGRESSIONAL RECORD — SENATE S8735 inheritance tax—which only the rich- the coverage gap. When she started the not liable for any income tax on these est families in America pay. Medicare Part D plan, she was paying gains. No tax is levied if the estate The minimum wage has been stuck $50 a month. Now, all of the sudden, the passes to a spouse or is donated to at $5.15 for almost a decade. That’s bill is $400. charity. The overwhelming majority of $10,712 a year. Ms. Heck, a retired nurse, told the estates pay no federal estate tax. And even though the Republican newspaper that ‘‘For the first time in As a matter of fact, the non-partisan leadership has blocked a clean vote on ten years, I’ve had to cut back on my Tax Policy Center estimates that only the minimum wage for years, this church pledge.’’ about 8,200 estates would owe any es- ‘‘trifecta’’ bill marries the minimum Marcella Crown of Des Plaines, IL, tate tax in 2011 if the 2009 exemption wage increase with this huge cut in the reached the coverage gap back in April. level of $3.5 million were made perma- inheritance tax. This inheritance tax Her husband said ‘‘Blue Cross is saying nent. Those are the people who would only affects the richest one-half of 1 that even though she will get no ben- benefit from further cuts in the estate percent of families in the country. efit, she must still pay the premiums. tax and their estimated average tax So, in other words, the Republican That’s outrageous. We have never had savings is about $1.3 million—a far cry position is: we will only help everyday insurance policies that gave us no ben- from the $2.10 hourly wage increase working people in America if you give efit yet required us to pay premiums.’’ that the Majority has put on the table multi-millionaires and billionaires a In Maryland, retired teacher Elise for minimum wage workers. bribe. Cain walked into her Silver Spring Mr. President, that is not the way to pharmacy and said she nearly ‘‘passed A minimum wage hike is long over- govern this country. out’’ at the cash register. Her drug due. The Federal minimum wage, This bill is also offensive because it monthly cost jumped from $20 to $175. which today stands at $5.15 per hour, is so out of touch with the priorities of These are just some examples of the hasn’t been raised since 1997. Since the American people. pain that millions of senior citizens then, inflation has not only wiped out Why aren’t we taking steps to actu- will have to endure. Unfortunately, that pay increase but brought the real ally bring down gas prices? Gas is over this is only the beginning of this crisis. value of the minimum wage to its low- $3 a gallon. It costs $60 to fill a tank We need to deal with this Medicare est level in half a century. Over the for many people. That’s what most coverage gap crisis now. If we wait past 9 years, the minimum wage has Americans are concerned about right until September, we do so at our own lost one-fifth of its purchasing power. now. peril. The majority’s plan would increase Are we going to use these last 360 Mr. President, this Congress is out of the minimum wage from $5.15 to $7.25 minutes to deal with that issue? touch, and the Republican priority is per hour by the middle of 2009. The Meanwhile healthcare is in crisis. We to heap more wealth on a few of the Economic Policy Institute estimates have 43 million people without health richest people in America while tens of that 5.9 million workers would benefit insurance. millions of their hardworking neigh- directly from the increase and that the And then there is a storm brewing bors’ children will struggle to get along average benefit would be $1,200 per over the new Medicare drug law. Indi- with less as a result. year. Another 7.1 million workers earn- cations of this storm are appearing in Let’s not let it happen. ing somewhat more than $7.25 per hour newspapers from Honolulu to Ho-Ho- Mr. REED. Mr. President, I am deep- could benefit indirectly as a ‘‘spillover Kus. This storm is called the Medicare ly concerned about the cynical efforts benefit’’ of the minimum wage in- prescription drug coverage gap. to tie a much needed boost in the min- crease. However, 1.8 million fewer Some call this coverage gap the imum wage to a massive tax cut for the workers would benefit under the Re- ‘‘Doughnut Hole,’’ but that is too kind heirs of the wealthiest Americans. publican proposal because it phases in a name. It’s a much more serious cri- The economic disparities between the increase over a 3-year period rather sis, and can have deadly consequences. minimum wage workers and wealthy than the 2-year phase-in under Senator Here is what is happening across people whose large estates are subject KENNEDY’s proposal. America because of the coverage gap: to the estate tax are so vast that pair- millions of seniors on the new Medi- ing these two measures together defies Senator KENNEDY’s minimum wage care Prescription Drug Plan are going logic. I am also hard pressed to find a legislation, which I have cosponsored, to the pharmacy counter and experi- link between either of these issues and also does not contain any poison pills, encing ‘‘sticker shock.’’ Why? Because the extension of several expiring tax such as the near-elimination of the es- their drugs suddenly cost four times as provisions that have been tacked on as tate tax or the egregious roll back of much as last month. well. State pay protections for minimum Their drugs are costing four times as No matter how my colleagues in the wage workers. Currently, there are much because the Republican Medicare majority try to dress it up, this is real- seven States that have chosen not to law allows drug plans to include a mas- ly just another vote on the estate tax. include a tip penalty in their minimum sive gap in coverage. In a nutshell, It was less than two months ago that wage laws. Thus, tipped employees in once you pay $750 out of pocket from full repeal of the estate tax failed to these States earn the full State min- the deductible and co-pays, your cov- pass in the Senate. Instead of address- imum wage. Under the Republican bill, erage just stops. And to make matters ing the pressing problems ordinary however, one million tipped employees worse, your coverage goes away but Americans face on a range of economic in these seven States will see a drastic you still have to pay the monthly pre- issues, the leadership is back again try- cut in their base pay. mium. ing to pass near-elimination of the es- Raising the minimum wage is vital A lot of unhappy seniors are starting tate tax. because workers have been left out of to experience this problem, and it will The estate tax is an important com- the economic growth we have seen so only get worse through the end of Au- ponent of our progressive federal tax far in this recovery. Strong produc- gust and into September. system, it is the Federal Government’s tivity growth has translated into high- So what are we doing about it? only tax on wealth, and by 2009 less er profits for businesses, not more take An inheritance tax break for multi- than one-half of one percent of all es- home pay for workers. The stagnation millionaires is what the Republican tates will be subject to the tax. Far of earnings in the face of soaring prices leadership is concerned about while from being a ‘‘death tax,’’ the tax falls for gasoline, home heating, food, millions of seniors are facing a finan- on heirs who seldom had any real role health care and college tuition is cial gap in their prescription drug cov- in earning the wealth built up by the squeezing workers’ paychecks. Just erage. estate holder. The decedent’s estate this week, the administration admitted I would like to share some stories pays a portion of the total assets to the as much. At a speech at Columbia Busi- with my colleagues from recent news Federal Government and the remainder ness School, Treasury Secretary articles about how this coverage gap is is then passed on to heirs. Capital Paulson stated that ‘‘amid this coun- affecting people across the country. gains that have built up in the estate try’s strong economic expansion, many The Bergen Record in New Jersey tax free are passed on to the heirs on a Americans simply aren’t feeling the told the story of Melba Heck, who is in ‘‘stepped up’’ basis, and the heirs are benefits. Many aren’t seeing significant

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8736 CONGRESSIONAL RECORD — SENATE August 3, 2006 increases in their take home pay. Their Turning to household wealth, an ultimate sacrifice in service to our increases in wages are being eaten up overwhelming majority of households country. With $320 billion appropriated by high energy prices and rising health have very little in the way of accumu- or pending for Iraq operations to date costs.’’ lated wealth and assets and would not and more than 2,500 service men and No one who works full time should be subject to the estate tax. House- women killed, the human and financial have to live in poverty, but the current holds in the bottom fifth of the wealth tolls are both more staggering than minimum wage isn’t enough to bring distribution have a median wealth of imagined. even a single parent with one child just $2,000. In contrast, households in With mounting war costs, the im- over the poverty line—even if the par- the top 10 percent have a median pending retirement of the baby-boom ent works 40 hours a week, 52 weeks a wealth of $1.4 million, which is less generation and deficits as far as the year. Five million more Americans than the current estate tax exclusion have fallen into poverty since Presi- of $2 million for an individual or $4 eye can see, due to the President’s irre- dent Bush took office—37 million million for a married couple. Because sponsible tax cuts, it is unconscionable Americans are now living in poverty, half of the households in that wealthi- to think that we are going to vote including 13 million children. est group have less than the median again on gutting one of the most pro- The minimum wage is an important net worth of the group, most will not gressive taxes on the books. policy tool to lift low-income families owe any estate tax. Putting a minimum wage hike that out of poverty. Almost two-thirds of The inequity of this proposal is com- is so necessary for working families to those who would benefit are adult pelling enough, but the budgetary con- make ends meet together with an es- workers, and more than a third of sequences of nearly eliminating the es- tate tax bill that benefits a few these adults are sole breadwinners for tate tax make it completely wealthy heirs reveals a warped set of their families. This is not pocket unpalatable. priorities. The same can be said for change for teenagers, as opponents of The Center on Budget and Policy Pri- holding hostage a package of tax ex- the wage floor have argued. orities estimates that this estate tax tenders that all support. Our focus The devastation of Hurricanes proposal would cost about $600 billion should be on strengthening the safety Katrina and Rita last September put over the 2012–2021 period, or about $750 net for American families—whether it’s the national spotlight on the problem billion when the associated debt serv- raising the minimum wage or pre- of poverty in America. As Senator ice costs are included. That is about serving Social Security, pensions, and GRASSLEY, chairman of the Finance three-quarters of the cost of full repeal, health insurance coverage. Committee, put it last year, ‘‘It’s a lit- but probably understates the true cost tle unseemly to be talking about elimi- because the latest proposal is not fully I have been a consistent supporter of nating the estate tax at a time when effective until 2015. the minimum wage, but this is a cruel people are suffering.’’ We are financing near-repeal of the juxtaposition of policies which I can While the minimum wage has stead- estate tax with debt, because the costs not support. ily lost purchasing power over the past will be paid for with borrowed money. Mr. AKAKA. Mr. President, it pains 9 years, Federal Reserve data show Future generations of taxpayers—min- me to have to choose between the ur- that over roughly the same period the imum wage workers and others who gent needs of important groups in my inflation-adjusted average net worth of will make significantly less than the constituency, which is why my deci- the 10 percent families with the great- heirs of deceased multimillionaires and sion to oppose cloture on the so-called est wealth increased by almost 40 per- billionaires—will have to repay those trifecta bill, combining an estate tax cent. The wealth of those most likely funds. The drain on the budget would compromise, minimum wage increase, to have estate tax liability has in- occur at the very time that the baby and tax extenders, is a difficult one for creased substantially, but the taxes boom generation enters retirement and me. However, it is one that I find to be owed on an estate of any given size are rising Social Security and Medicare necessary. lower now than they were in 1997 be- costs would strain our budget. Sec- cause of increases in the exclusion and retary Paulson rightfully identified There are some good measures in this reductions in the tax rate. ‘‘reforming entitlement programs, ad- bill, particularly in the tax extenders The differences in economic cir- vancing energy security and maintain- package. I applaud my colleague in the cumstances between those at the very ing and strengthening trade and invest- House, Representative NEIL ABER- top of the income or wealth distribu- ment policies that benefit American CROMBIE, for his hard work to reinstate tion and those at the bottom are vast workers’’ as ‘‘longer-term challenges a tax deduction for spousal travel that and widening. Again, during his ad- that will face our economy in the years is included in this package. It would dress in New York, Treasury Secretary to come.’’ However, as we all know have a positive effect on tourism-based Paulson stressed that ‘‘addressing these are challenges that we can only economies, such as Hawaii’s economy. I issues of wage growth and uneven in- meet if we have the resources to do so. also appreciate the extension of the re- come distribution is a longer-term Making permanent fiscally irrespon- search an development credit and high- challenge that we can address.’’ And sible tax cuts only endanger our abili- er education above-the-line deduction, yet, again the rhetoric of this adminis- ties to truly address what should be among other provisions. However, on tration does not match its actions. The our national priorities. balance, as with so many other large consideration of this bill before us Raising the minimum wage will in- legislative vehicles that we consider on today is proof that the majority and crease the likelihood that minimum- this floor, it is not enough to convince the administration are not serious wage workers will be paying taxes and me to support the overall package. about addressing disparities. drawing on fewer government services. Looking at earnings, minimum wage In contrast, virtually eliminating the I am disheartened that the majority workers make about $206 for a 40-hour estate tax will reduce Federal reve- in Congress uses the plight of our low- week at the current rate of $5.15 per nues, increase the budget deficit, and income and disadvantaged to better the hour. That would put them in the bot- put pressure on other government pro- cause for the wealthiest among us. For tom 10 percent of the distribution of grams that contribute to the economic years, I, along with my Democratic usual weekly earnings of full-time well-being of lower-income workers, in- colleagues, have offered amendments workers and these workers have suf- cluding minimum wage workers. and introduced freestanding bills to in- fered the largest declines over the past Today, we are at war and yet there is crease the national minimum wage 5 years. Those at the upper-income lev- no sense of the shared sacrifice that rate for our working men and women. els are seeing earnings gains but for has united this country in past con- If those in majority leadership are seri- those at the bottom- and middle-in- flicts. Ironically, the estate tax was ous about increasing the wage rate, come levels, there is a loss in real earn- first adopted in the nineteenth century then they should pass freestanding ings since the President took office to pay for government shortfalls due to bills that are currently pending action whereas in the 1990s, when you saw the wartime spending. Our military fami- in both the Senate and the House of proverbial picket fence—there were lies are making tremendous sacrifices, Representatives. This is truly an out- positive gains at every percentile. and too many of them have made the rage that the majority has stooped so

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2006 CONGRESSIONAL RECORD — SENATE S8737 low to do this, and to take such a cyn- visions would be to force drastic cuts imum wage to $7.25 over a 2-year and 2- ical view of the support that a min- in various entitlement programs that month period, and I am a cosponsor of imum wage increase truly has in our serve seniors, low-income families, vet- his Fair Minimum Wage Act. I am also country. erans, students, and the disabled. Some a cosponsor of Senator CLINTON’s The package before us further dis- of the programs that CBPP notes Standing with Minimum Wage Earners appoints me because its tip provisions would surely be on the chopping block Act, S. 2725, which would raise the Fed- will actually hurt many of those who to make up for estate tax revenue eral minimum wage to $7.25 per hour could use a boost in wages. Restaurant losses include Medicare for seniors, and link future increases in the min- staff, valets, parking attendants, bar- SCHIP for children, Federal civilian re- imum wage to congressional raises. I tenders, maids, and others who support tirement, the earned-income tax credit have always supported updating the themselves or their families on tip for lower income families, the child tax Federal minimum wage in the past and wages will have current protections credit, military retirement, unemploy- would like to have the opportunity for taken away by this bill. States that ment insurance, Supplemental Secu- an up-or-down vote on the Senate floor. want to guarantee a higher floor for tip rity Income for the elderly and the wages would see their power to do so poor, veterans disability compensation The Republican leadership in both nullified. These hardworking Ameri- and pensions, Food Stamps, school the Senate and the House of Represent- cans deserve to have the wage protec- lunch and child nutrition, and farm atives has thus far managed to block tions that their States want to grant programs. an increase in the minimum wage. them. It is because of drastic impacts like Ironically and sadly, that leadership On the estate tax, I have heard most this that I have heard from hundreds of continues to prioritize tax breaks for passionately from auto dealers in Ha- other constituents who want me to America’s most fabulously wealthy waii of the tragedies that could occur if vote to save these necessary programs over an increase in wages for hard- the estate tax is not eliminated or and others in education, health care, working families. It just makes no scaled back. Hawaii, as with other and social services that would bear the sense. A minimum wage employee States, has lost numerous family- brunt of further reductions in discre- working 40 hours per week, 52 weeks a owned businesses due to a number of tionary funding. I simply cannot put year, would earn only $10,700, a figure factors. Our auto dealers, farmers, the needs of many above the needs of a far below the poverty level for even a ranchers, and other family-owned enti- few, even if they are a well-deserving two-person family. Inflation has eroded ties fear that they will not have the re- few, which is why I cannot support clo- the buying power of the minimum wage sources to keep their businesses in the ture on this package before us. since it was last increased in 1997. The event of the deaths of current owners, Once again, the choice to oppose clo- current minimum wage is woefully in- if the estate tax is not repealed or ture on this measure has been a tough adequate to provide enough income for rolled back. one for me. It is far better than estate workers to afford decent housing, set All of these concerns are heartfelt. I tax repeal in its projected fiscal out- aside sufficient funds for a comfortable must assure those who have written come, and I thank its authors for their retirement, or meet any emergency that I have heard them and have taken willingness to compromise to a certain their experiences and views into con- point. However, the bill does not go far needs. Increasing the minimum wage is sideration while deciding what position enough for me. about both economics and values. I tire to take on this matter. I have wanted I deeply appreciate hearing the argu- of hearing people talk about ‘‘family to help them. However, the vote on clo- ments put forth on both sides of this values’’ while at the same time doing ture on H.R. 5970 can also be a missed debate and the work put in on this little to increase wages or provide af- opportunity to serve countless others matter, but I cannot support this clo- fordable health care and housing. in our home States and many who have ture motion. I also strongly support the package not yet been born. I am talking about Mr. JOHNSON. Mr. President, the of tax extenders that were left behind opposing cloture on a bill that would Senate is considering today an increase during tax reconciliation. I was dis- mortgage future generations by adding in the minimum wage, a package of tax appointed that the final tax reconcili- more than $300 billion to already extenders, and the repeal of the estate ation measure, H.R. 4297, failed to in- alarming Federal deficits. tax. I am highly disturbed and dis- clude provisions that would allow According to the Joint Committee on appointed by the course that the Sen- South Dakotans to deduct their State Taxation, provisions to increase the es- ate has chosen to hold badly needed tax and local sales taxes. South Dakota tate tax exemption and link estate tax cut extenders and the minimum wage collects more than 50 percent of its rev- rates to the capital gains tax rate increase hostage to the estate tax bill. enue from sales tax assessments. It is would cost nearly $268 billion over 10 And I find it ironic that the Republican unfair to expect South Dakotans to years. Add that to extensions and ex- leadership has been referring to this as pay an additional Federal tax liability pansions of several expiring tax relief a ‘‘trifecta’’—betting terminology. It simply because of the form of taxes my provisions, some of which we must certainly is a gamble. It is a gamble home State collects, and I strongly pass, and the bill’s cost is $306 billion with the livelihoods and pocketbooks favor making the sales tax deduction a over 10 years. The minimum wage in- of the American taxpayer and Amer- permanent part of the Tax Code. I was crease would have a negligible revenue ican worker, and that is surely not also disappointed that this measure did effect. what I was elected to do. not include provisions to allow families My colleague from North Dakota, Tying an increase in the minimum paying college tuition to deduct that Senator CONRAD, has instructed this wage and important tax extenders to tuition from their Federal taxes or body time and time again on the dire the estate tax in order to further a po- teachers to deduct the cost of class- fiscal picture that we are facing on the litical agenda which has otherwise room supplies. These tax cuts are im- federal level. Our Budget Committee failed on this issue is outrageous and portant to many Americans, and I sup- ranking member noted yesterday that manipulative, and I will not support it. port them unequivocally, but I will not our Federal debt increased $551 billion And to add insult to injury, the major- allow the Republican leadership to tell last year and is projected to increase ity leader has refused to allow his Sen- me that I can only give these tax another $600 billion this year. These ate colleagues, who would like to sub- breaks to middle-class Americans by figures are shocking to me, and they stantively address these issues, to offer also voting for an estate tax repeal will doubtlessly translate into hard de- any amendments. This ‘‘my way or the that will leave our grandchildren hun- cisions on programs that we already highway approach’’ is quintessential dreds of billions of dollars of debt. have a hard time funding yet are so es- partisan politics. sential to each of our communities. I would like to be very clear on my Additionally, I will support tax cuts In fact, the Center on Budget and position here. I strongly support an in- that target working Americans, so long Policy Priorities notes that, should crease in the Federal minimum wage. I as they are enacted in a fiscally re- pending budget process reforms be put supported Senator KENNEDY’s amend- sponsible manner with appropriate rev- into place, the combined effect with ment to the DOD authorization bill enue offsets. The estate tax noose that the implementation of estate tax pro- that would have increased the min- has been tied around this legislative

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8738 CONGRESSIONAL RECORD — SENATE August 3, 2006 package is not in keeping with this tax has fallen dramatically as the ex- three. These are working adults, with philosophy. emption level has been raised. In 2000, full-time jobs, who are living in pov- While I feel strongly that Congress with an exemption of $675,000, there erty. must act to give some estate tax per- were 50,000 taxable estates. That num- At those wages, these working Amer- manency and certainty to estate plan- ber has fallen to only 13,000 today, with icans can barely afford housing and ning, I do not support full repeal or any the exemption level now standing at $2 food. They certainly can’t afford ade- measure that would only benefit a tiny million for an individual and $4 million quate health care, child care, or edu- number of fabulously wealthy estates for a couple. In 2009, the exemption will cation needed to lift them out of a low- while at the same time being so costly rise to $3.5 million—or $7 million for a wage job. With gasoline prices and that it would require massive bor- couple—and only 7,000 estates will be other energy costs rising, one wonders rowing from foreign nations and from subject to the tax. These 7,000 taxable how people make ends meet. the Social Security trust fund in order estates represent the largest three- Unfortunately, too many are falling to write the checks. tenths of 1 percent of estates in Amer- behind. Since the Federal Government is al- ica, all of which exceed $3.5 million in ready running several hundred billions size. By 2009, only this small fraction And too often, the victims are chil- of dollars annually in the red as it is, will owe even a cent under the estate dren, whose only fault was to be born any further tax cuts and giveaways for tax. into the wrong family. More than a America’s multimillionaires will re- Compared to current or 2009 rates, third of the 37 million Americans cur- quire that we borrow the money to give this ‘‘trifecta’’ bill would provide a tax rently living in poverty are children. to them. Increasingly, the borrowing cut for only the largest 8,200 estates in Through no fault of their own, these will be from foreign nations and from the country. And the average size of voiceless Americans live day-to-day Social Security revenues. That also the tax benefit received by each of without adequate food and shelter, means that additional tax cuts for the these estates would be $1.4 million. Out forced to choose between food and rent middle-income taxpayers will be al- of a nation of 300 million people, only or medicine or utilities. most impossible and that the middle the wealthiest 8,200 would gain from In my State of Connecticut, we have class and their children will have to this bill’s estate tax proposal, but it a population of about 3.4 million people pay higher taxes for decades to pay off would cost the American people $753 and the perception is that we are a rich the debt service on the multimillion- billion over the first decade alone once State. But we are not exempt, in Con- aire tax cut. That debt service already it has been fully phased in. necticut, from the scourges of poverty costs the taxpayers $1 billion per day. The leadership on the other side of and hunger. In fact, more than 280,000 The estate tax legislation that has the aisle knows that this body would people in my State, many of them chil- come before us thus far has been unre- rightly reject such a gratuitously irre- dren, are food insecure—meaning they alistic and costly. I would be sup- sponsible proposal if it were offered as don’t have access at all times to the portive of legislation exempting family a stand-alone bill. So the majority food necessary to lead a healthy life. farms, ranches, and small businesses leader in this body and his counter- Two of the largest food banks in Con- from the estate tax. In fact, in 2001, I parts in the House of Representatives necticut provide food for more than voted to do just that. Unfortunately, have decided, in what amounts to polit- 350,000 different people each year. then, the Republican party decided to ical blackmail, to attach this estate Working people make up 25 percent of enact legislation that called for, tax measure to a moving vehicle, the those using those emergency feeding among other things, a phaseout of the package of tax extenders that includes programs. People are working hard and Federal estate tax that provides com- provisions like the research and devel- they can’t even feed their families— plete repeal in 2010 but reverts to an opment tax credit that supports inno- how is this acceptable? exemption of only $650,000 in 2011. Be- vation by America’s businesses, the tax Raising the minimum wage from cause of this mistake we have had to deduction for college tuition that helps $5.15 per hour to $7.25 per hour would have this discussion every election students and their families pay for the directly boost the earnings of 6.6 mil- year since. skyrocketing cost of higher education, lion working Americans. It would also Easing taxes on farms, ranches, and and the tax deduction for teacher class- indirectly benefit an estimated 8.3 mil- small businesses is one thing, but the room expenses, among many other im- lion additional workers who currently total repeal being pushed as a political portant items. earn close to $7.25 per hour and would statement during this runup to the In effect, the supporters of this likely see their wages rise in response election season is irresponsible. I be- ‘‘trifecta’’ bill have decided to hold to a minimum wage increase. lieve the Federal Government ought to hostage these important tax provi- be doing more for middle-class and sions, which benefit families and busi- Some of my colleagues have argued working families, rather than focusing nesses across the income spectrum, to that raising the minimum wage would its attention on the Paris Hilton and an estate tax measure that, on its own, harm employers or reduce overall lev- Donald Trump crowd. would otherwise be rejected. And in a els of employment, but study after Mr. DODD. Mr. President, I rise misguided attempt to ‘‘sweeten the study has shown these claims to be un- today to express my serious concerns deal’’ or provide political cover, they founded. A recent Gallup poll found with a bill before this body, H.R. 5970, have added a provision to raise the that 86 percent of small business own- that unnecessarily links a long-overdue minimum wage that, itself, is flawed ers do not think the minimum wage increase in the minimum wage and a due to the wage cut it would force upon negatively affects their business. And a broadly-supported package of tax ex- many employees who earn their pay substantial body of research by well- tenders to an unaffordable and irre- through tips. known economists finds no significant sponsible cut in the tax on multi- Many of us in this body have been harm to overall levels of employment million-dollar estates. fighting for years to increase the min- based on changes to the minimum This so-called ‘‘trifecta’’ bill sends a imum wage, only to have our efforts wage. So while a minimum wage in- clear message to the American people blocked repeatedly. America’s lowest- crease would dramatically improve the about the priorities of the leadership wage workers have waited far too long lives of millions of Americans, the po- on the other side of the aisle—prior- for a raise—it has been 10 years, almost tential costs would be small. ities that are badly out of step with the to the day, since this body last voted America’s lowest-earning working needs of ordinary Americans. to raise the minimum wage to $5.15 per men and women desperately need a Many of us in this body support fis- hour. raise—even a small one. But this bill, cally responsible reform of the estate In the time since then, the minimum by tying an increase in the minimum tax. But compared to most reasonable wage’s real buying power has fallen to wage to a costly ‘‘virtual repeal’’ of the proposals, the one in this bill would its lowest level in 51 years. For a full- estate tax, has the potential to cancel cost nearly twice as much, while add- time worker, a wage of $5.15 per hour out the good that would be done. By ing very little additional value. translates to a yearly income of adding $753 billion to the national Over the last several years, the num- $10,700—an amount that is nearly $6,000 debt—which already stands at $8.4 tril- ber of Americans affected by the estate below the poverty line for a family of lion—this estate tax proposal would

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2006 CONGRESSIONAL RECORD — SENATE S8739 force deep cuts in services for all the result of honest tradeoffs. No. This wasted on the estate tax. You would Americans, regardless of income. But bill is a cynical ploy to say ‘‘gotcha’’ think the richest among us were the those who earn the least would likely to the Democrats. At best it’s politi- most oppressed. And even now we are be hurt the most. cally clever, but in no way is it smart. being blocked from dealing with bipar- No one who supports raising the min- Increasing the minimum wage would tisan pension legislation, not to men- imum wage or approving the bipartisan make a significant difference in the tion dealing with the costs of package of tax extenders should be lives of this country’s most vulnerable healthcare, our real homeland security fooled into thinking that this bill rep- workers. The Federal minimum wage challenges, or the threat of global resents a serious attempt to help has not been adjusted since 1997 and warming. American workers, businesses, or tax- the proposed increase really just keeps So if the Republicans want to bring payers. workers from falling further behind in up the estate tax yet again to use it as The estate tax proposal that has been their struggle to keep up with infla- an election issue later, I say go for it. attached to these important measures tion. It is shameful that the President Because there may be no better illus- is unaffordable and unnecessary. It and Congress have not acted sooner to tration of how we differ in priorities would drive us deeper into debt with raise the minimum wage. than this irresponsible vote. foreign creditors, force damaging fund- My colleagues on the other side of ing cuts during already tight budg- the aisle know that. So they have tied I yield the floor. etary times—not to mention during a the minimum wage vote to the estate Mr. KERRY. Mr. President, a lot has time of war—and increase the burden tax. They have tied the fate of several changed in the last 10 years. Gasoline on our children and grandchildren of million working families and their prices have risen, up 70 percent since paying for our excess. ability to buy food and gas and school President Bush took office in 2001. For these reasons, Mr. President, I supplies to the ability of wealthy heirs Child care costs have risen and now a cannot support this irresponsible legis- to inherit even larger estates tax free. typical family can expect to pay al- lation, and I urge my colleagues to join I am confident that the American most $10,000 per year for one child, me in voting against this bill. people will see through this. By 2009, which is more than the cost of public Mr. OBAMA. Mr. President, I rise to the estate tax will already be repealed college tuition. Health care costs are speak about the latest effort to reduce for more than 99 percent of all Ameri- soaring, and health insurance pre- the estate tax for a small fraction of cans. For the few estates that are miums are skyrocketing. In short, the the wealthiest Americans at a cost to wealthy enough to have to pay the es- cost of everyday life has greatly in- all Americans of more than $750 billion. tate tax, they can make unlimited creased. We in Congress have certainly This time our friends in the House of charitable deductions, they can pass taken notice: we have given ourselves a Representatives realized that the Sen- along at least $7 million to their heirs pay raise eight times since 1997, total- ate would reject such a reckless policy. tax free, they can take more than a ing $30,000, and we’ve given the Presi- So rather than scaling back Paris Hil- dozen years to pay-off the taxes owed, dent pay raises totaling $200,000. Yet in ton’s tax cut to a reasonable level or and the effective tax rate will be fair that time we have failed to give work- suggesting a fair way to pay for their and reasonable. We could extend that ing Americans a raise by increasing the tax cuts, they have done something status forever, and members of both minimum wage. else. They have decided to hold an in- parties could claim victory and move Now, facing tough reelection races crease in the minimum wage hostage on to addressing America’s real prior- and a disillusioned public, my Repub- to a fiscally destructive cut in the es- ities. lican colleagues are finally willing to tate tax. Instead we are here once more, debat- do something about it, but only on This is cynical politics at its worst. ing tax cuts and adding to America’s their terms. Despite the fact that the This is government by gimmick. Com- debt. rich are getting richer and the poor are bining the estate tax with a minimum Now let’s be honest. This is not about getting poorer, my colleagues’ ‘‘solu- wage increase and temporary tax cut saving small businesses and family tion’’ to help American families is to extenders is not an example of finding farms. We can reform the estate tax to attach the long-overdue minimum common ground or moving to a reason- protect the few farms that are affected. wage increase to an otherwise un-pass- able compromise; this is an example of We can set it at a level where no small able estate tax reform bill that will political coercion. And the American business is ever affected. We can even benefit just a few wealthy families. people are wise to it. repeal the estate tax altogether for the This is nothing more than political This is simply an attempt to dare 99.5 percent of families with less than blackmail. If Congress were genuine members of my party to vote against $7 million in taxable assets that means about its care for the lives of hard- an increase in the minimum wage families with assets almost 100 times working Americans—if we truly be- which has been one of our long-time greater than the average American lieved that any honest American work- priorities. household’s net worth. That would be ing a full time job should not have to But why should we have to agree to compromise. That would be sensible. live in poverty—we would never condi- nearly $800 billion of additional Fed- Democrats have offered to reform the tion a minimum raise increase on a eral debt—debt that our children and estate tax in these ways time and time windfall for the wealthy. grandchildren will have to pay back in again. But over and over, our offers higher taxes down the road—in order to have been refused, which can only Since President Bush took office, the get a long-overdue wage increase for mean that the party in power is really number of Americans living in poverty those struggling to make ends meet interested in an unprecedented give- has increased by 5.4 million, bringing that would have no negative effect on away to the wealthiest of the wealthy. the total to 37 million Americans who the Federal budget? And don’t think for a minute that live in poverty today, 13 million of Why should we have to agree to an there is any plan to pay for this. Every whom are children. What’s even more average tax break of $1.4 million for proposal to enforce pay-as-you-go rules disturbing is that over 70 percent of several thousand wealthy estates in for fiscal responsibility has been children in poverty live in a home order to add about $1,200 on average to rebuffed. This tax cut will have to be where at least one parent works. So the incomes of several million working paid for in the years ahead by higher today in America we have a situation families? taxes on working families and reduced in which millions of children are living Why should we have to agree to a public services in all of our commu- in poverty despite the fact that they permanent reduction in the estate tax nities. This tax cut will have to be paid live in homes with a working adult. for billionaires when all the tax bene- for by higher interest rates on homes Among full-time, year-round workers, fits for students, small businesses, and student loans. And this tax cut will poverty has increased by 50 percent teachers, and neighborhoods will expire have to be paid for by greater depend- since the late 1970s. under this bill in a year or two? ence on foreign countries. This may be surprising, but if you This bill is not the outcome of a ro- It’s amazing to me how little the take a minute to understand the situa- bust policy debate or bipartisan com- Congress has actually accomplished tion the picture becomes clear. Con- promise in the public interest. It’s not this year and how much time we have sider a single mother of two working a

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8740 CONGRESSIONAL RECORD — SENATE August 3, 2006 minimum wage job 40 hours a week for strive to bring ever nearer the day The American people will not be 52 weeks a year. Without taking any when, as far as is humanly possible, we fooled. They know that many have time off for illness or vacation, she shall be able to realize the ideal that fought tooth and nail to increase the earns just $10,700 a year, nearly $6,000 each man shall have an equal oppor- minimum wage, and that we will keep below the Federal poverty line for a tunity to show the stuff that is in him fighting. But we won’t be blackmailed family of three. The current minimum by the way in which he renders serv- into supporting irresponsible tax cuts wage equals only 31 percent of the av- ice.’’ by a political gambit. erage wage for the private sector, non- We need to return to a society that This estate tax proposal is unfair and supervisory workers, the lowest per- values hard work. We cannot let our- unaffordable. Only a tiny fraction of all centage on record since World War II. selves become a society divided by in- estates pay any estate tax. In 2004, only In the past 9 years, the purchasing come inequity. Defeating this bill is a 1 percent of estates in Michigan and 1.2 power of the minimum wage has dete- step in the right direction toward fair- percent nationwide paid any estate tax. riorated by 20 percent, and today the ness and the restoration of sane, re- And as the amount exempted from the value of the minimum wage is as its sponsible fiscal policy. tax continues to rise to $3.5 million per lowest level since 1955. In addition to the minimum wage, person in 2009, the percentage gets even What these figures make absolutely the bill before us includes so-called ex- smaller. And despite claims to the con- clear is that it’s long past time to raise piring tax provisions that Congress trary, even without this misguided bill, the minimum wage. Just 5 weeks ago, should pass. There is no reason we can- those families actually subject to the the Senate failed to give relief to hard- not work together to extend expiring estate tax will still be able to pass on working Americans by increasing the provisions such as the research and de- great wealth to their children. minimum wage. What has changed? As velopment credit and a tax deduction Once phased in, this so-called ‘‘com- far as I can tell, two things have for the cost of a college education, promise’’ proposal would cost at least changed. First, Republicans in tight which expired at the end of 2005. It is 75 percent as much as repealing the es- races realized their failure to address embarrassing that the Senate is leav- tate tax entirely. In the first ten-year the needs of working Americans would ing for our August recess without ex- period in which the proposal would be hurt their chances for reelection. Sec- tending these provisions, especially in full effect, it would cost nearly $600 ond, those in favor of repealing the es- since the capital gains and dividends billion. The cost would be $750 billion tate tax realized that the likelihood of rates that did not expire until 2008 when interest payments on the addi- doing so was slim to none. So they have been extended to 2010. The exten- tional debt are taken into account. agreed to increase the minimum wage sion of these provisions should not be to $7.25 over a 3-year period that will threatened. The price of helping fami- We simply cannot afford such a mas- benefit millions of working families, lies with college education should not sive tax cut that would push us even but they would only do so at a cost of be estate tax relief for the wealthiest further into the deficit ditch. Today, $268 billion in estate tax relief for a few estates. each American citizen’s share of the wealthy families. Mr. President, I support raising the debt is almost $29,000. As we continue I think we can all agree that the es- minimum wage. I support tax credits to run up record yearly deficits, the tate tax law needs to be revisited. The for research development and college country’s total debt will be more than current policy does not make sense, education. But I cannot support them $11 trillion by 2011, which is $37,000 per but neither does relief that benefits a when they are tied to fiscally irrespon- person. It is not just reckless fiscal and few. The estate tax relief before us has sible so-called reforms. I cannot sup- economic policy to saddle future gen- a long-term negative impact on our port a bill that continues to put the in- erations with this kind of crushing deficit. The 10-year costs from 2012–2021 terests of the wealthy above the inter- debt burden; passing this kind of bur- are $753 billion when interest is in- ests of hard-working Americans. If my den to our children and grandchildren cluded. That is $753 billion that will be colleagues are serious about increasing goes against what should be our basic added to the deficit or result in vital the minimum wage, I challenge them values. programs having their funding slashed. to do so in a clean bill. I challenge In the words of Republican President And there is no discussion now about them to put the best interests of work- Teddy Roosevelt, who proposed the es- how to pay for this bill. ing Americans front and center. I chal- tate tax: ‘‘[I]nherited economic power An increase in the minimum wage lenge them to stand up to this political is as inconsistent with the ideals of should not be saddled with an unre- blackmail and oppose the Estate Tax this generation as inherited political lated, unnecessary, and unfair tax pro- and Extension of Tax Relief Act. The power was inconsistent with the ideals vision. We should pass a clean min- American people deserve better than of the generation which established our imum wage bill and then work on a bi- this. government.’’ Mr. LEVIN. Mr. President, this so- partisan estate tax bill that is fiscally If we have any hope of getting our called trifecta bill is a bet by the Re- responsible and protects most small Federal budget deficit under control, publican leadership that the American businesses from the estate tax. eliminating the estate tax for the ex- The legislation before us provides an people will not notice their strategy to tremely wealthy is exactly the wrong average tax cut of $1.4 million to 8,200 gut the estate tax in order to give the thing to do. We need to look out for all estates. A minimum wage increase wealthiest one-half of 1 percent of our of our citizens, not just the very would provide an average benefit of families a huge tax break. I hope they wealthiest among us. This giveaway to $1,200 to 6.6 million hard-working will lose that bet. a tiny fraction of estates will ulti- Americans. The package before us The Republicans have tried to sweet- mately have to be paid for by steep clearly reflects misguided priorities. I en their fiscally reckless proposal by cuts in government services or tax in- cannot think of one reason why min- extending popular tax cuts that have creases that will likely impact far imum wage legislation should include strong support and by adding an in- more Americans. estate tax relief. crease in the minimum wage that When President Theodore Roosevelt many of them do not even want and To achieve the goal of more tax cuts advocated an estate tax nearly a cen- have opposed repeatedly for years. Re- for the very few, this bill holds hostage tury ago, he argued that, the ‘‘man of publican leaders know that their estate two critical issues. First, it includes a great wealth owes a peculiar obligation tax proposal would not pass on its own, desperately needed, though flawed, in- to the state, because he derives special so they have added other provisions crease in the minimum wage. And, sec- advantage from the mere existence of that many want in hopes of drawing ond, it has a package of popular tax government.’’ He further advocated enough votes to pass their true goal— benefits that includes allowing families that ‘‘[w]e are bound in honor to refuse more tax cuts for the superrich. Fail- to deduct up to $4,000 in tuition pay- to listen to those men who make us de- ing that, the Republican leaders seem ments and tax credits for research and sist from the effort to do away with the willing to settle for having as a talking development. inequality, which means injustice; the point that they tried to increase the Minimum wage workers have not inequality of right, opportunity, of minimum wage, even though they have seen a Federal raise for 10 years. Dur- privilege. We are bound in honor to opposed it year after year. ing that same time period, Congress

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2006 CONGRESSIONAL RECORD — SENATE S8741 raised its own pay eight times. An em- program on a permanent basis, instead that undermines our foreign policy and ployee working full-time on minimum of revisiting it every year or two, given holds our economy hostage. wage earns only $10,712 per year, which all the uncertainty that is created by Over 46 million Americans are with- is below the Federal poverty level. It is doing so. out health insurance. Only 5 percent of shameful this Congress find it accept- It will be shameful if these provi- the containers that pass through our able that Americans work hard every sions—which are good for the economy, ports are inspected for weapons. Our day, all year long, at legal jobs and important for our people, and sup- passenger rail system lacks the basic still languish in poverty. ported by this Congress—are not re- lighting, fences, dog patrols, and cam- I have cosponsored a bill that gives newed because of the political games- eras that could prevent attacks by ter- the working men and women of this manship on this bill. rorists we know have that system in country the pay raise that they de- Mr. President, we hopefully will not their sights. This is just a short list of serve, legislation that would raise the fall for this political trick. The Amer- the profound challenges we face as a minimum wage to $7.25 an hour in sev- ican people deserve better from their Nation. We can all think of others. eral increments. If the majority cared Government. While our needs multiply, we lack about rewarding the hard work of a If the Republican leaders want to the resources to meet them. Handed a large number of Americans as much as pass a minimum wage increase, give us 10-year surplus of $5.6 trillion, this ad- they cared about protecting the enor- a clean bill that does that and we’ll ministration has dragged us down, mous wealth of a few others, there pass it today. If they want to extend through the most dramatic reversal in would be a clean vote just on raising the popular and reasonable tax provi- our Nation’s history, into an additional the minimum wage. sions that are expiring, let’s work to- $3 trillion in debt. Even though the so-called trifecta gether to do that. But the pending bill They have doubled our debt to for- bill would raise the minimum wage for would require us to swallow two poison eign governments. We now owe more many workers, it would also result in a pills and one aspirin. Hopefully, that than $2 trillion to Japan, China, and pay cut for many Americans. It in- combination will be resoundingly re- others. We are losing control of our fi- cludes a ‘‘tip credit’’ provision that jected by the Senate. nancial future. really should be called a tip penalty. (At the request of Mr. REID, the fol- The bill allows workers in industries in lowing statement was ordered to be We are borrowing from our own na- which tips are commonplace—such as printed in the RECORD.) tional retirement savings, the Social waiters, waitresses, hotel maids, park- ∑ Mr. BAUCUS. Mr. President, I favor Security system. This year alone, we ing attendants and bartenders—to re- repeal of the estate tax. The estate tax will borrow $177 billion from Social Se- ceive as little as $2.13 before the tips. often forces ranchers and farmers in curity. Although this tip penalty has been my home State of Montana to have to Every day we go deeper into debt to Federal law for years, States have been struggle just to pass their land on to foreign governments. Every day we free to guarantee higher wages to their children. But the political games spend more of our national retirement workers in these industries. This bill that Congressional leaders played with savings. And every day our basic needs, would supersede those state laws to this bill are not the way to get the job from homeland security to our retire- permit the lower wages. This will de- done. I hope that cooler heads can pre- ment savings to our children’s future— crease wages in at least seven States, vail and that we can work together for those needs are ignored. and it will set a dangerous precedent sensible reform in the future.∑ That is the setting, that is the back- by allowing the Federal Government to Mr. BIDEN. Mr. President, our coun- ground, those are the circumstances in interfere with the States to cut the try is at war. We face fundamental which we are now asked to cut taxes on wages of the lowest-paid workers. challenges to our security at home and just 7,000 of the wealthiest heirs in our This bill also holds captive several abroad. The President himself has com- country—at a cost of over $750 billion important expiring tax provisions that pared our situation to the Cold War, to in the first decade it is in effect. have broad support and would easily World War II. Those were existential All of that will be borrowed. It is a pass on their own. The provisions in- struggles, for which we made great sac- transfer of $750 billion to the wealthi- clude the work opportunity tax credit, rifices and which fundamentally re- est two-tenths of 1 percent of Ameri- which encourages employers to hire aligned our priorities. cans, borrowed from China, from members of targeted groups such as Thousands of American families have Japan, from our own Social Security high risk youth, families receiving food paid the ultimate sacrifice, tens of system. Somebody will have to pay stamps, SSI recipients, and qualified thousands of our sons and daughters that back. veterans. Another provision, the wel- have been wounded. Tens of thousands Our children and our grandchildren fare-to-work tax credit, enables em- more have been put in the line of fire, will pay that back. It is a transfer from ployers to claim a credit on the first some of them for multiple tours of those with no voice of their own in our $10,000 of wages paid to certain long- duty. system, a transfer to those whose term family assistance recipients. The war in Iraq alone has lasted wealth speaks the loudest. Another provision is the deduction longer than World War II, and its cost, Under current law, the estate tax for the expenses of elementary and sec- at $315 billion, continues to grow. will affect fewer than 7,000 estates in ondary school teachers of up to $125 for Here at home, we face challenges to the whole country by 2009. That year, a books and other supplies. And there is the American dream—the faith that couple will be able to exempt a $7 mil- a deduction of up to $4,000 for qualified hard work would be rewarded with a lion estate from taxes—a $7 million es- tuition and related expenses. There is decent job, a better future for our chil- tate will pay no estate taxes. None. also a provision that would help ship- dren, and secure retirement. pers on the Great Lakes. The income of the average American The Congressional Budget Office has Finally, the expiring provisions in- family has not risen in the past 6 estimated that only 65 family farms in clude a critical tax credit for research years. Global competition from a bil- the whole country will be subject to es- and development done here in the U.S. lion and a half new workers will change tate tax at that point, under current This is an important way for the Gov- the world our children inherit. Amer- law. Sixty-five farms, period. ernment to help our Nation’s economic ican families have virtually no money Seven thousand of the wealthiest competitiveness, especially in the man- left over to save, and private retire- families will be the only ones paying ufacturing sector, which represents ment savings are woefully inadequate any estate tax, and only 65 of those es- nearly two-thirds of our total private to meet the wave of retirees now upon tates will be family farms, barely more R&D. While the R&D credit’s cost of us. than 1 farm per State across Our Na- $16 billion for two years is a significant To meet these challenges, we will tion. investment by the Government, each have to make massive investments in And yet we are here today, actually dollar of the credit leads to a signifi- education and in research to boost the considering reducing those numbers cant increase in business R&D spend- productivity and earnings of American further, and driving our debt deeper, to ing, thus spurring economic growth. workers. We need to find alternative save the most fortunate among us from Congress should enact this important fuels to reduce our dependence on oil that small remainder of an estate tax.

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8742 CONGRESSIONAL RECORD — SENATE August 3, 2006 I believe that with the changes in But now we are told that to get those tax credit, the extenders provision, and current law we have accomplished folks on minimum wage a raise, we a variety of different provisions, tax some appropriate reform. I believe that have to go three-quarters of a trillion provisions, that were key provisions family businesses and family farms dollars into debt to China, Japan, and for many Senate Democrats, included should not be broken up to pay taxes. other countries so that the sons and in this bill. With the booming economy of the daughters of the 7,000 most fortunate In addition to that, we have the 1990s, many more Americans joined the families among us will be spared the abandoned mine lands bill that Senator ranks of those who could face estate estate tax. ROCKEFELLER and I have worked on for taxes. Raising the exemption level and Everyone else’s sons and daughters months and months. This is the only lowering the rate made sense. will get that bill. Our country, already opportunity for the abandoned mine Under current law, in my State of the world’s biggest debtor nation, al- lands issue to be voted on in the Sen- Delaware, fewer than 50 families will ready borrowing 65 percent of all the ate. There may be attempts to throw face any estate tax in 2009. Those are money borrowed by countries around this in and attach it to other bills and reforms that protect all but a few from the world, already spending the retire- all sorts of pounding the chest of how the estate tax. It protects family busi- ment savings that should be going into we are not letting it happen. nesses and family farms. Social Security, our country will be This is a compromise. This is giving But I opposed complete repeal of the weaker financially because of it. things that I can tell you many on this estate tax, and I oppose this legislation The American people are tired of see- side of the aisle don’t want to give— that will cost us $750B, three quarters ing this kind of ‘‘gotcha’’ politics while whether it is minimum wage, whether of the cost of full repeal. our country is at war, while we face se- it is AMT, whether it is many of the I oppose it, not because those who rious challenges to our economic com- provisions in this bill, there are a lot of would benefit aren’t good Americans. I petitiveness, our health, our children’s folks on this side of the aisle who do am sure they are. Because they are future. Instead of a long overdue ad- not like any of this, and, in fact, have good Americans, I think most would justment in the minimum wage, we get never voted for any of these things. agree that given the world we live in political theater. today, facing a global threat to our se- And finally, instead of extending im- In exchange for that, what most of curity, with gaps in our homeland se- portant tax credits to promote re- the Members on this side of the aisle curity, with clear domestic needs search and development, to clean up would like to see done is to do some- unmet, with our Federal finances al- brownfields—even to give our fighting thing about the onerous death tax ready in the red—in the face of those forces tax credits for combat pay—we which is scheduled to expire in 2010, facts, full repeal is a luxury that we are given this take-it-or-leave-it deal and then revive itself from the dead the cannot afford. that makes estate tax cuts the top pri- next year—horrible tax policy. We could provide our middle class ority. But that is where we are. We are try- with some tax relief, by extending pro- Those are not the priorities of the ing to fix this. We are trying to get the tection from the marriage penalty for American people, and this Senate priorities of both sides together in a $46 billion. We could extend the child should reject them. bill to move this country forward in a tax credit for $183 billion. We could ex- We can pass a minimum wage in- way that both sides can walk away and tend the college tuition deduction for crease to reward work at the bottom of say: We didn’t get everything we want- $19 billion. Instead, the top priority of our economic ladder. We can extend ed, but we made progress; I got some- the leadership in this Congress is a the tax breaks that meet real needs thing that was really important to me. handout to the most fortunate, paid for and that serve genuine public policy Both sides can say that. Both sides by three-quarters of a trillion dollars needs. We can do that, and we can can say: I didn’t get everything I want- in debt heaped on our kids. leave in place substantial reforms to ed or I have to vote for something I To add insult to this injury, the first the estate tax that have already taken don’t like in this bill; This isn’t ex- pay raise for minimum wage workers place. actly the way I would do it. This prob- in 10 years is now hostage to this es- First, we must say no to this trans- lem is bigger than all the other good tate tax cut. Under current law, you parent gimmick. Then we can do what things. can be paid a wage that keeps you we should have done in the first place. You know what? One thing I have al- below the poverty line even if you are Mr. FRIST. Mr. President, has time ways learned in my time in govern- working full time. been used on our side? ment is you can always find a reason to Over the past 24 years, the most for- The PRESIDING OFFICER. There is vote no. You can always find a reason tunate Americans, in the top 1 percent, 7 minutes remaining. to vote no. It takes a bigger step to saw their incomes more than double— Mr. FRIST. Mr. President, I yield 3 compromise, to meet someone halfway from an average of $306,000 to over minutes to the Senator from Pennsyl- down that middle aisle, to compromise $700,000. During that same period, the vania. and get something that is important incomes of average Americans grew The PRESIDING OFFICER. The Sen- for both sides. This bill does that. just 15 percent. ator from Pennsylvania is recognized Mr. FRIST. Mr. President, I yield 2 But the poorest fifth of our citizens for 3 minutes. minutes to the Senator from Texas. saw their already inadequate incomes Mr. SANTORUM. Mr. President, grow just $600—over 24 years. thank you. I thank the leader for yield- The PRESIDING OFFICER. The Sen- We are moving apart, not coming to- ing. ator from Texas is recognized. gether, as a nation. This body is criticized a lot because Mrs. HUTCHISON. Mr. President, I The minimum wage has not increased we stand here and yell at each other was listening to the debate, and I heard since 1996—and all of that increase has and don’t get a lot done. We block and the Democratic leader call this a ‘‘do- been wiped out by the cost of living. we blame, we obstruct, we don’t do the nothing Congress.’’ He said that sev- The minimum wage today, at $5.15 an people’s business. eral times. I have heard it before. Yet hour, is even worth less in today’s dol- The bill that we are about to vote on, here we have a bill that will go directly lars than the $4.25 rate it replaced. 20 years ago, 30 years ago, would have to the President. This is a bill that Today, the minimum wage is worth been hailed by all as a compromise out brings together pieces of legislation only a third of the average hourly wage of the great compromises that we have that have been worked on for years in of American workers, the lowest level seen in the Senate over the centuries, this body, a chance to score a huge vic- in more than half a century. The bot- truly a compromise. tory for all sides, that gives a min- tom rung of the ladder of opportunity The No. 1 highest priority of the Sen- imum wage increase of over $2 that we is broken. It is time to fix it. ate Democrats, included in this bill— have been trying to do, along with tax That means a pay raise for over 7 their highest priority. We have voted cuts for small businesses so that it is a million workers, in three stages, over on minimum wage more in this Cham- balance for years in this Congress. We the next 3 years, to $7.25 an hour. That ber than probably any other issue. The have been trying to permanently ease will lift the floor under everybody’s No. 1 priority in this bill, their highest the burden of the death tax ever since wages. priority with respect to taxes, the R&D I got to this Senate.

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2006 CONGRESSIONAL RECORD — SENATE S8743 It is the small businesses; it is not the death tax has been unsuccessful. was entitled ‘‘Raise the Minimum Bill Gates, it is not Warren Buffett who Congress must act before the current Wage: Reduce the Death Tax.’’ The edi- is worried about the death tax. It is the repeal sunsets and the death tax is re- torial hit on some very important farmer who is going to have to sell his instated in 2011. Inaction on our part points. The focus was that we have farm when he dies or his children who will lead to taxation of estates over $1 tried to address these issues before— will because his children can’t pay the million at a rate 55 percent. Therefore, and we have failed. It stressed that we taxes because the farm is more valu- we are now attempting to seek agree- need compromise in order to get things able than they can earn and produce to ment on this compromise measure that done in this Congress. pay the taxes. It is the small business will benefit Americans. After careful Mr. President, I will ask that a copy that has been built by a family. It is consideration I have concluded that of this Albuquerque Journal editorial the restaurant owner that is going to this bill represents a fair and reason- be printed in the RECORD. have to sell the business that we are able compromise. Furthermore, pas- This bill is a good compromise. We fixing tonight. sage of this bill will bring relief that is have before us a chance to work to- This is a bill that would take away long overdue. gether to accomplish something for the the ability to call this a ‘‘do-nothing H.R. 5970 is a permanent reduction of American people. We should embrace Congress.’’ the death tax that will exempt $5 mil- this opportunity and work together. Why is it that almost every Repub- lion per individual and $10 million per lican is going to vote for it and almost couple. Estates under $25 million would The Family Protection Act contains every Democrat is going to vote have a maximum tax equal to the cap- extensions of several important tax against it? ital gain rate of 15 percent. Estates cuts that are currently set to expire. I think this is an excuse to make this over $25 million would be taxed at 30 The research and development credit is a ‘‘do-nothing Congress’’ and we are percent. The exemptions and $25 mil- of significant importance. H.R. 5970 turning our backs on the middle class lion threshold are indexed for inflation will extend the research and develop- and the poor people of this country and will be fully phased in by January ment credit through 2007. who depend on the minimum wage and 1, 2015. Advanced technologies drive a sig- death tax relief. This tax relief is substantial to nificant part of our Nation’s economic Mr. FRIST. Mr. President, I yield 1 States, like my home State of New strength. Our economy and our stand- minute to the distinguished Senator Mexico that are filled with small busi- ard of living depend on a constant in- from Arizona. ness owners, family farms, and flux of new technologies, processes, and The PRESIDING OFFICER. The Sen- ranches. The assets accumulated by products from our industries. Former ator from Arizona is recognized for 1 these hard-working people should not Federal Reserve Chairman Greenspan minute. be taxed a second time nor at a rate frequently reinforced the critical de- Mr. KYL. Mr. President, the Senator that is too high. I believe that by en- pendence between advanced technology from Washington had printed in the acting this relief from the death tax, and our economic strength. RECORD a letter from an official in the we will be fostering economic growth, Many countries provide labor at State of Washington. In response and business investment, and entrepreneur- lower costs than the United States. in refutation of the point of that letter, ship. Moreover, this bill will decrease Thus, as any new product matures, I will read from a letter from the As- the number of estates that are liq- competitors using overseas labor fre- sistant Secretary of Employment uidated in order to pay taxes and will quently find ways to undercut our pro- Standards for the U.S. Department of ultimately decrease the number of es- duction costs. We maintain our eco- Labor, Victoria Lipnick. tates that are required to file a tax re- nomic strength only by constantly im- Mr. President, this letter is dated turn. proving our products through innova- August 2. It says, among other things: Some have argued that this legisla- tion. Maintaining and improving our Were this passed into law, the Wage and tion is not a compromise and that it national ability to innovate is criti- Hour Division of the Department of Labor will preserve wealthy estates. I firmly cally important to the Nation. would read section 402 as protecting the cur- believe that this argument is un- rent minimum wages of the tipped employ- With this extension, we will signifi- founded. This bill will continue to tax ees in the seven states that now exclude cantly strengthen incentives for pri- tipped employees’ tips from being considered estates that hold considerable wealth vate companies to undertake research as wages. To do otherwise would be incon- while at the same time exempting that leads to new processes, new serv- sistent with what we understand to be the small and medium sized estates that ices, and new products. The result will intent of the Congress and Fair Labor Stand- are overly burdened, and often times ards Act which the WHD enforces. be stronger companies that are better extinguished, by this tax. positioned for global competition. I would now like to turn our atten- The bottom line of this legislation, Those stronger companies will hire tion to the minimum wage provisions as has been said, is it will increase the more people at higher salaries with contained in the Family Prosperity standards of living and decrease the real benefits to our national economy Act. It has been almost 10 years since cost of dying. and workforce. I urge my colleagues to support mov- Congress last voted to raise the min- ing forward with it. imum wage. In the meantime, our cost- Another important tax credit that Mr. DOMENICI. Mr. President, I rise of-living has increased annually and should be extended is the deduction for today in support of the Estate Tax and working families have struggled to higher education expenses. Higher edu- Extension of Tax Relief Act of 2006 meet their most basic needs. cation expenses are on the minds of (H.R. 5970) more commonly known as The pending legislation before the many families. Saving to invest in edu- the Family Prosperity Act. Senate will increase the minimum cation is important to the future of all I believe that the Family Prosperity wage by $2.10 an hour—phased in over 3 young adults and to our society as a Act is a good compromise because it years. I have said many times before whole. We must ensure our Nation’s fu- raises the inheritance tax exemption to that I would support an increase in the ture by helping educate America’s $10 million per couple, increases the minimum wage if it was crafted prop- young adults. That is why it is impor- minimum wage by $2.10, and extends erly. I believe that this bill is crafted tant to offer tax breaks for qualified some personal and business tax cuts. I properly because it raises the min- higher education tuition and expenses. support this legislation because it rep- imum wage while extending some per- The Family Protection Act allows tax- resents a fair and reasonable com- sonal and business tax cuts and reduces payers to deduct $4,000 in qualified promise on all three of these important the overreaching death tax. higher education tuition and expenses issues. The current Federal minimum wage through 2007. For some time now, the Senate has just isn’t sufficient. Now is the time to The last credit that I would like to debated the death tax, which is the raise the minimum wage. It’s time to comment on is the welfare-to-work most confiscatory tax of all. It has give low-wage workers a raise. credit. This bill extends the welfare-to- been a battle to repeal or modify this There was an editorial published re- work credit through 2007. Business tax. In my opinion this tax is in need of cently in my hometown newspaper, the plays an important role in modification; however, a full repeal of Albuquerque Journal. The editorial transitioning people receiving welfare

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8744 CONGRESSIONAL RECORD — SENATE August 3, 2006 into the workforce, and providing in- was first elected to the Senate in 1996. essary to gain my support for such a centives for employers to hire welfare We have legislation before the Senate move. recipients strengthens our economy. to make that happen, and I applaud my First, I wanted to see the return of colleagues from Pennsylvania and West This is an important provision in the the money owed to the States, includ- bill and provides one more reason for Virginia for their hard work on this ing the $550 million owed to my State. me to support passage of this com- proposal. Senators SANTORUM, ROCKE- Because Wyoming is a certified State, I promise. FELLER, SPECTER, and BYRD have I support this three-part compromise helped produce a solid piece of legisla- wanted to see that money come from package because it represents a fair tion, and I strongly support moving the Federal Government with no and reasonable compromise on all of this forward. strings attached. The legislation we these important issues. For years, reauthorizing the Aban- have before us today accomplishes that Mr. President, I ask unanimous con- doned Mine Land—AML—Trust Fund goal by guaranteeing that Wyoming sent that the article to which I referred has been an issue that pitted the East will receive the money we are owed be printed in the RECORD. versus the West. Consensus was never from the Federal Government in 7 There being no objection, the article reached on the issue, and the AML years. was ordered to be printed in the Trust Fund continued to be a broken Second, I wanted a guarantee that fu- RECORD, as follows: system. Members from the East argued ture monies would be directed to that we needed to send more money to [From the Albuquerque Journal Editorial, States like Wyoming where significant Aug. 1, 2006] do reclamation, while members from amounts of coal are produced. RAISE MINIMUM WAGE; REDUCE DEATH TAX the West argued that we needed to take Santa Fe did it in 2003. Albuquerque did it care of the Federal Government’s Third, it was important that more in April. Sandia Pueblo did it in May. In promise to the States. That promise money be directed toward reclamation fact, 17 states and the District of Columbia was made in 1977 with passage of the in States where the reclamation work have done it. Surface Mining Control and Reclama- is needed. Those goals are accom- Maybe before Senators go on vacation this tion Act, SMCRA. plished with the legislation that is in- week, they can get the United States to do When SMCRA was passed in 1977, a cluded in this bill. it, too: Raise the minimum wage. tax was levied on each ton of coal pro- The federal minimum wage has been $5.15 Finally, I wanted to see a reduction an hour for almost a decade. In June the duced. The purpose of that tax was to reclaim coal mines that had been aban- on the tax charged to Wyoming’s coal Senate killed the ninth attempt in as many companies. Some of the companies in years to increase what those on the lowest doned before laws existed that required tier of the pay scale make. In the interim, reclamation. Half of that tax was my State do not have the problems as- municipalities have had to step in, creating promised to the State where the coal sociated with abandoned coal mines, a patchwork pay scale that follows geog- was mined. That money is known as nor do they have the orphan miner li- raphy instead of skill set. If a minimum the State share. The other half went to ability that is held by some companies. wage makes sense, it’s better done from the Federal Government to administer Those companies agreed not to fight an Washington. On Friday night the House passed a bill the reclamation program and to send extension of the tax if it was reduced, that would increase the minimum wage by additional funding to the States with and this legislation includes a slight $2.10 phased in over 3 years, extend some the most abandoned coal mines. reduction in the fee. business tax cuts, create others, secure pen- It was a simple enough concept. Half The priorities of other members are sions and raise the inheritance-tax exemp- of the money was to be sent to the also included in this bill, including pro- tion to $5 million. State share, and the other half admin- visions that shore up health care for Representative Tom Udall, D–N.M., says he isters the AML program and goes to would have preferred a vote solely on the States with the largest reclamation orphan miners who fall into the Com- minimum wage—which apparently means he bined Benefits Fund. Those priorities would have preferred a 10th defeat in as needs. Unfortunately, like many things in Washington, while the concept was include the addition of health care cov- many years to a compromise. erage for members who fall into the The Republican majority can accept the good, the implementation has been dis- minimum wage increase if the bill also in- astrous and the program has not 1992 fund and the 1993 fund. Although cludes something for one of their constitu- worked as it was intended. For years, the shoring up of those three funds was encies—in this case, excluding more wealth States have been shortchanged and rec- not a priority for me, this represents from the estate tax, which many Democrats lamation work has not been done. compromise legislation. oppose. Under current law, taxes would re- Today, the Federal Government owes The compromise brought all of the vert to 55 percent on estates worth more States more than $1.2 billion. At the than $1 million after 2011. That’s not soaking major players on board. The coal com- the aristocracy, but forcing heirs to liq- same time, more than $3 billion in rec- panies strongly support this bill. The uidate a family-built business or a farm to lamation remains unfinished. United Mine Workers of America, pay the taxman. Not to mention these fam- When I was named the chairman of UMWA, strongly support this bill. ily assets have already been taxed. the conference committee whose job it Other businesses who had interests in Critics say Republicans want political was to find a compromise between the the AML fund strongly support this cover come the November elections—after House and Senate on pension legisla- bill. With all these groups on board, we all, they didn’t come out against their 2 per- tion, I was approached by Senator cent raise last month. set out to gain support for this bill. SANTORUM who had a proposal. He But to the single mother making $10,700 a Senators SANTORUM and ROCKE- year busing tables, the only important cover brought with him a coalition made up is covering her family’s bills, and $15,000 a of coal companies, the United Mine FELLER worked hard to bring members year goes a lot further toward that end. Workers of America, UMWA, environ- from both sides of the aisle on board, Senators have their 10th chance this week mental groups and other businesses. and I commend them for their efforts. to get the United States in line with Santa Together, they expressed an interest in At the end of the day, we had seven Fe, Albuquerque, Sandia Pueblo, 17 states including an AML Trust Fund reau- committee chairmen who supported and the District of Columbia. They should thorization in the pension conference this bill. The chairman and ranking take it. report. member of the Energy Committee, who Mr. ENZI. Mr. President, I rise today Where I come from, when something have jurisdiction over a portion of the in strong support of H.R. 5970, the Es- does not work, we work to fix it, and so bill, signed a letter to the majority tate Tax and Extension of Tax Relief the idea of fixing the AML program on leader asking that it be included in the Act of 2006. Specifically, I strongly sup- the pension conference was intriguing. pension conference. The chairman and port inclusion of the Surface Mining For years, I have worked with the ranking member of the Finance Com- Control and Reclamation Act Amend- other members of the Wyoming delega- mittee, who have jurisdiction over the ments of 2006 in this piece of legisla- tion to reauthorize this program, and rest of the bill, expressed support for tion. This legislation is very important as chairman of the conference com- moving this forward. to my home State and to coal-pro- mittee, I was in a unique position to ducing States throughout our Nation. make a difference. As we gained support, we also learned I have been working to fix the Aban- After listening to the proposal, I laid of opposition from members who ob- doned Mine Land Trust Fund since I out a set of principles that were nec- jected to the cost of the legislation.

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2006 CONGRESSIONAL RECORD — SENATE S8745 They claimed that the bill was too ex- be increased over time to $5 million per that my colleagues will see the impor- pensive and that the health care cov- person. The elimination of this unjust tance of this legislation and will join erage for the orphan and widow miners tax will allow many small, family- me in supporting its passage. was too good. As a member of the Sen- owned businesses throughout Wyoming Mr. FRIST. Mr. President, how much ate Budget Committee, I want to spend and the Nation to keep their businesses time remains? taxpayer dollars appropriately. I want open. The PRESIDING OFFICER. Thirty programs to work the way they are in- As I have said time and time again, seconds. tended to work, and this program has the death tax is fundamentally unfair Mr. FRIST. Mr. President, I yield 1 not done so. because it constitutes another layer of minute using leader time to my distin- For my colleagues who have concerns taxation. After years of paying State guished colleague from Kentucky. about the cost of the legislation, it is and Federal income taxes and other important to remember that a $1.8 bil- property taxes while trying to operate The PRESIDING OFFICER. The Sen- lion Federal trust sits in the Federal a successful business, the family must ator from Kentucky is recognized. Treasury. It is important to remember pay again at the time of death. The Mr. MCCONNELL. Mr. President, how that, although the fee is reduced land subject to the death tax is the can we have bipartisanship in the Con- slightly, we will continue to collect exact same land that the owner has gress if Democrats won’t take yes for significant income from the fee. It is been paying annual property taxes on. an answer? also important to remember that the Double taxation is not only unfair on a Of course, I am speaking about the Federal Treasury will collect signifi- philosophical level, it causes severe fi- bill before us—H.R. 5970, the Estate cant revenues from coal production. nancial harm to the small businesses Tax and Extension of Tax Relief Act of For years, we have been using Fed- that are the driving force behind our 2006. eral dollars in a way that they were economy. Our tax laws should encour- This legislation package isn’t every- not intended to be used. We have not age investment and growth and not sti- thing the Republicans wanted, and it is made progress on the reclamation side, fle small businesses. not everything the Democrats wanted. nor have we kept our promise to the In addition to affecting many small But both parties, and both Houses of States. This legislation corrects that businesses, the death tax forces land- Congress, now have an opportunity to error. It sends significant amounts of owners to sell their property to afford vote on compromise legislation that money to do reclamation, and it re- paying this tax and avoid passing on accomplishes the goals we all aimed turns the money that was promised to the costs to the next generation. for. Throughout Wyoming, I hear stories of the States. We will substantially reduce the es- As for the health care aspect of the families who are struggling to decide tate tax, or as I prefer to call it, the bill, it is important to know that the whether to sell part of their farm or death tax. No American family should Federal Government already provides ranch or risk leaving their children and be forced to visit the undertaker and funding for some health care. It is pro- grandchildren with this overly burden- the tax collector on the same day. vided for with interest from Wyoming some tax. Families should not have to and other States’ money. The Senators make this impossible choice. In Wyo- Nothing could place more stress on a who represent the families who receive ming, we work hard, in pursuit of the family than the loss of a loved one. Yet this health care continue to make sure American dream, to create a better life at such a difficult time, too many fam- the families receive it. Since miners’ for our children and grandchildren. Yet ilies in America today must make deci- health care continues to be funded, we the death tax punishes this dream and sions about selling a business or a farm needed to find a way to fulfill the the families who must pick up the that has been in the family for genera- promise to the States. This legislation pieces after losing a loved one. tions in order to pay the death tax. was such a fix. There is another hidden cost to this That is wrong, and with this legisla- As more members were brought on double tax that many people do not tion, we will end that problem for board, I worked with my colleagues on consider. The death tax also forces many Americans. the pension conference to include this families to spend thousands of dollars We will also extend tax relief for provision in the final conference re- on estate planning. By requiring indi- many, to help encourage economic port. Much progress was made, and at viduals and families to use vital finan- growth. the end of the day, I included the AML cial resources on estate planning, At the same time, we will increase bill that is a part of H.R. 5970 in my money is being taken away from the the federally mandated minimum chairman’s mark for the pension con- family business, farm, or ranch. Per- wage, from its current rate of $5.15 an ference. This AML fix fit nicely in a manently eliminating this tax will hour to $7.25 in 2009. My friends on the section containing important tax cred- move precious financial resources to other side of the aisle have continually its, such as a State sales tax deduction the business and employees themselves said that raising the minimum wage is from Federal income tax for Wyoming instead of to extensive estate planning their top legislative priority. and other States with no income tax. costs. Well, now is the time to vote for A last-minute strategy decision by Finally, I would like to briefly ad- their top priority. Yet the Democratic some House members was made to sep- dress one additional provision in this leadership is threatening to kill this arate the AML bill and the tax credits legislation—the State and local sales bill. from the pension portion of the con- tax deduction. H.R. 5970 includes an ex- What part of ‘‘yes’’ do my friends on ference report. The House put the AML tension of the State and local sales tax the other side of the aisle not under- and the tax credits in a bill that also deduction for 2 years. I applaud the ex- stand? What part of ‘‘bipartisanship’’ included the death tax forgiveness and tension of this deduction. The ability do they not want? a minimum wage increase. The second to deduct State sales tax is an issue of bill included many of the pension pro- fairness and parity. Under this legisla- We want to meet them halfway on visions of the pension conference re- tion, taxpayers have the option to de- this compromise legislation. We have port. The House then passed the pen- duct their State and local sales tax or taken their legislation, and some of sion bill and the tax credit bill and their State income tax. Federal tax- our legislation, and also a host of tax then adjourned on July 29, 2006, for the payers who reside in a State without provisions that we all agree on. But ap- August home work period. That is an income tax should not be punished parently it is not enough. where we stand. and forced to pay additional Federal The Democrats cannot call this a do- I also take this opportunity to voice taxes. Under this extension, taxpayers nothing Congress on the one hand, and my support for the estate tax relief can choose whether to deduct their block every bill they can and try to contained in this legislation. While I State and local sales or income tax. blame the majority on the other. support a full and permanent repeal of I intend to vote in favor of the over- We have a choice. We can work to- this burdensome and unfair tax, the all package. I strongly support the in- gether and pass legislation that will language contained in H.R. 5970 is a big clusion of the AML legislation. I am benefit millions of Americans, or we step forward. Under this legislation, also strongly supportive of the tax ex- can devolve into obstruction, and get the estate and gift tax exemption will tenders and the death tax relief. I hope nothing. I think what the American

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8746 CONGRESSIONAL RECORD — SENATE August 3, 2006 people deserve is positive action. That last 4 weeks. This gives us the oppor- Graham Lugar Smith means passing this bipartisan com- tunity to address an issue that will af- Grassley Martinez Snowe Gregg McCain Specter promise bill. fect the typical American out their Hagel McConnell Stevens We were all elected to get something working, their family, that farmer, Hatch Murkowski Sununu done on behalf of our constituents, and that small business owner. Hutchison Nelson (FL) Talent Inhofe Nelson (NE) this legislation will mean real, tan- I encourage my colleagues to vote Thomas Isakson Roberts Thune gible results for millions of Americans. Kyl Santorum aye. Vitter Lincoln Sessions As always, I stand ready to work with I ask unanimous notwithstanding Warner my Democratic friends to pass much- rule XXII that the mandatory quorum Lott Shelby needed tax relief, and add to the long be waived. NAYS—42 list of accomplishments of the 109th The PRESIDING OFFICER. Without Akaka Feingold Menendez Congress. objection, it is so ordered. Bayh Feinstein Mikulski Biden Frist Murray Unfortunately, it appears the Demo- CLOTURE MOTION Bingaman Harkin Obama crat leadership would prefer to have a The PRESIDING OFFICER. Under Boxer Inouye Pryor political issue rather than an accom- the previous order, the clerk will re- Cantwell Jeffords Reed plishment. port the motion to invoke cloture on Carper Johnson Reid Mr. President, what we have heard Chafee Kennedy Rockefeller the motion to proceed to H.R. 5970 the Clinton Kerry Salazar tonight on the other side of the aisle is Estate Tax and Extension of Tax Relief Conrad Kohl Sarbanes block and blame. Act of 2006. Dayton Landrieu Schumer We have before us is a provision in The assistant legislative clerk read Dodd Lautenberg Stabenow three parts, each of which is supported Dorgan Leahy Voinovich as follows: Durbin Levin Wyden by a bipartisan majority. CLOTURE MOTION Let me say that again. NOT VOTING—2 We the undersigned Senators, in ac- Each of the three parts of this bill Baucus Lieberman are supported by a bipartisan majority cordance with the provisions of rule The PRESIDING OFFICER. On this of the Senate. XXII of the Standing Rules of the Sen- vote, the yeas are 56, the nays are 42. So what can possibly be wrong with ate, do hereby move to bring to a close Three-fifths of the Senators duly cho- passing the three bills together since debate on the motion to proceed to sen and sworn not having voted in the they are each supported by a bipartisan H.R. 5970: a bill to amend the Internal affirmative, the motion is rejected. majority of the Senate? Revenue Code of 1986 to increase the What is going on here? It is block and unified credit against the estate tax to The majority leader is recognized. blame. They want to say this is a ‘‘do- an exclusion equivalent of $5,000,000, to Mr. FRIST. Mr. President, I now nothing Congress.’’ repeal the sunset provision for the es- enter a motion to reconsider the vote If there is anything this Congress has tate and generation-skipping taxes, by which cloture was not invoked. not been able to accomplish, you can and to extend expiring provisions, and The PRESIDING OFFICER. The mo- point the finger at the Democratic side for other purposes. tion is entered. of the aisle. Their strategy is block and Bill Frist, Mike Crapo, Lamar Alexander, Richard C. Shelby, Sam Brownback, Mr. FRIST. Mr. President, the real blame. Saxby Chambliss, Chuck Hagel, Tom vote would have been 57 to 41. I I yield the floor. Coburn, Richard Burr, Orrin Hatch, switched my vote from ‘‘aye’’ to ‘‘no,’’ Mr. FRIST. Mr. President, in closing, Thad Cochran, John Ensign, David Vit- thus the reported vote is 56 to 42. I will be very brief. ter, Pat Roberts, Craig Thomas, Jeff I want to clarify, very briefly, where In a few moments, we will be voting Sessions, Mel Martinez. we are now. For purely procedural rea- on the motion to proceed to this very The PRESIDING OFFICER. By unan- sons, as leader, I switched my vote to a important bill called the Family Pros- imous consent, the mandatory quorum ‘‘no’’ vote to preserve all of my proce- perity Act. It is called that very spe- call has been waived. dural options. As everyone knows, I cifically for the reasons we have out- The question is, Is it the sense of the strongly support cloture and moving to lined. Senate that debate on the motion to proceed to the three important issues There are three very important com- proceed to H.R. 5970, a bill to amend in the Family Prosperity Act. I ini- ponents: The extension of tax relief— the Internal Revenue Code of 1986 to in- tially voted ‘‘yes’’ on cloture, but by we spoke about it on the floor, key pro- crease the unified credit against the es- switching to a ‘‘no’’ vote, I preserve my visions such as the State and local tax tate tax to an exclusion equivalent of right, as leader, to revisit this issue in deduction affecting the many States, $5 million, to repeal the sunset provi- the future as a package. in my State alone, 670,000 Tennessee sion for the estate and generation-skip- The Senate just had a majority vote families; college tuition deduction af- ping taxes, and to extend expiring pro- to move forward to this bill which re- fecting millions of families; research visions, and for other purposes, shall be forms the onerous death tax, raises the and development tax credit which brought to a close? minimum wage for millions of Ameri- stimulates growth, innovation, cre- The yeas and nays are mandatory cans, and provides a number of impor- ativity, and jobs; teachers’ classroom under the rule. tant tax relief extenders that will ex- expenses deduction, affecting 55,000 The clerk will call the roll. pire. Had the Senate invoked cloture, I teachers. The assistant legislative clerk called am confident we could have finished Secondly, the permanent solution to the roll. this measure this weekend and pre- the death tax challenge that we have Mr. DURBIN. I announce that the sented it to the President in the next today is a compromise. It is not only a Senator from Montana (Mr. BAUCUS) couple of days to become the law of the compromise that prevents the death and the Senator from Connecticut (Mr. land. rate from escalating to 55 percent and LIEBERMAN) are necessarily absent. dropping to $1 million in 2011, it is a $5 The PRESIDING OFFICER. Are there With my switched vote, I preserve million exemption per spouse indexed any other Senators in the Chamber de- the procedural option to bring the bill for inflation, and a 15-percent tax rate siring to vote? back as a package. I hope the Demo- from $5 million to $25 million. The yeas and nays resulted—56 yeas, cratic Senators will rethink long and Thirdly, a minimum wage increase, nays 42, as follows: hard over the weeks to come before we return for business in September. 40 percent over the next 3 years—40 [Rollcall Vote No. 229 Leg.] percent. Mr. President, finally, just for the YEAS—56 In summary, an ‘‘aye’’ vote is a vote record, a number of comments were Alexander Burr Craig for that permanent death tax relief. An Allard Byrd Crapo made just prior to the vote about the ‘‘aye’’ vote is for that extension of tax Allen Chambliss DeMint tip wage issue. As my colleagues know, relief. And an ‘‘aye’’ vote is for that 40 Bennett Coburn DeWine I have made it clear to them that is an percent minimum wage increase. Bond Cochran Dole issue that we would be able to address Brownback Coleman Domenici We have a lot of challenges before us. Bunning Collins Ensign once on the bill. But we have now been We have addressed many others in the Burns Cornyn Enzi prevented from getting on the bill.

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2006 CONGRESSIONAL RECORD — SENATE S8747 I am confounded. There is no other Then the two committees met to- the apparent value of pension plans, re- way to put it. gether, and we merged it into one bill. lied on inaccurate measurements of li- My colleagues on the other side of There were a lot of difficulties in doing abilities, and permitted funding holi- the aisle come to this floor, time and that process. It took quite a while. At days through the use of credit balances again, raving about a ‘‘do nothing’’ the end of November we still had sev- when plans were seriously underfunded. Congress. eral problems and because of that, the Promises made to workers for their Well, today, just a few minutes ago, media pronounced the bill dead. A retirement will be promises kept by as- we had yet another opportunity to do week later, we had revived it and suring the money needed is in the fund something—as we have already many passed it in the Senate with just two and by appropriately limiting when times this Congress. votes in opposition to it and 97 in benefits may be increased, freezing fu- We had the chance to bring three favor. All that in just 1 hour. Then it ture accruals, and restricting the rapid very important issues to the floor for was brought to life on the House side. out-flow of lump sums and shutdown debate: permanent death tax relief, ex- They passed the bill in December of benefits when the plan gets into seri- tension of expiring tax provisions, and 2005. ous trouble. The bill also imposes dis- a minimum wage Increase. Then, in March 2006, a conference was cipline on management by restricting These are issues that matter in the named, and we worked on it diligently new executive compensation when pen- day-to-day lives of our constituents— for hours virtually every day. A lot of sion plans are in trouble. issues that actually mean something to moving parts started to fit into place. hard-working Americans. Some wondered if it would never get The second guiding principle is: The And yet some of my colleagues de- done. new rules we craft should not be so dra- cided these issues aren’t important I looked up the last major revisions conian that they become the cause of enough to debate here on the Senate we did on a pension bill. They were not more bankruptcies and pension plan floor. nearly as expansive as this. This is the terminations. This package—it’s about securing biggest revision of pension laws to be The conference committee leaders America’s prosperity. enacted in the past 32 years. spent nearly 4 months debating this It’s about easing the tax burden fac- I noticed, in 1987, a big pension re- exact point with regard to ‘‘at risk’’ ing America’s families. form conference started in early triggers. In the final bill, I believe we It’s about helping hard-working March. The conference committee have found a proper balance. Americans tackle an increasing cost of started a little earlier, but the bill was The legality of cash balance and living head on. enacted until December 22. In 1994, other hybrid pension plan designs is And it’s about fostering innovation there was a second pension reform con- clarified on a prospective basis under and reinvestment in our homegrown ference. Again, the conference started ERISA, the Internal Revenue Code, and small businesses and farms. in March of that year. The conferees the Age Discrimination in Employment Quite simply, it’s vital to the eco- wound up the conference agreement a Act, thus ending legal challenges that nomic security of everyday Americans. little earlier than in 1987. This time, have driven hundreds of quality em- These are challenging issues, and the bill was enacted on December 8, ployers out of the defined benefit sys- they must be addressed here on the 1994. So we are way ahead of schedule tem. We have always felt that these Senate floor. compared to those two conferences. plans are valid under the Code, ERISA And as I have said before, these But we had to do it in a little different and the ADEA. issues must be addressed as a package: method than we might have liked to permanent death tax relief, tax policy get to this point. Nevertheless, it is the The final guiding principle is: A tax- extensions, and a 40-percent increase in most sweeping amendment to ERISA payer bailout of the PBGC is not an op- the minimum wage. and the Internal Revenue Code in over tion. The full faith and credit of the All three together. All or nothing. 30 years. It is nearly identical to the United States does not stand behind Not bringing this package—the Fam- product and agreements made by the the private pension insurance systems, ily Prosperity Act—to the floor is tan- members of the conference committee and I am committed to keeping it that tamount to saying, ‘‘We don’t care in a bipartisan manner. I am proud we way by shoring up the finances of the about America’s economic security.’’ have before us the most sweeping agency without a taxpayer bailout. And I am deeply ashamed that we, changes to our Nation’s retirement The legislation repeals the full fund- the U.S. Senate, would ever dare send laws since the enactment of ERISA ing exemption on the variable rate pre- such a message to the American peo- itself. mium which reduces the deficit at the ple. This legislation will provide greater PBGC by billions over the next 10 The PRESIDING OFFICER. The security for our Nation’s workers who years. With this single vote, we will Democratic leader. have retirement benefit plans and make the most sweeping changes to Mr. REID. Mr. President, everyone greater stability for the Pension Ben- ERISA since its enactment in 1974. will be relieved to know I don’t have efit Guaranty Corporation. There is lit- I urge my colleagues to vote in favor anything to say. tle doubt this bill will be the founda- of this bill. Our future generations are f tion on which the future of our retire- counting on it. PENSION PROTECTION ACT OF 2006 ment system rests. Today, we secure the future for I ask unanimous consent that the fol- The PRESIDING OFFICER. Under American workers and their families. lowing letters be printed in the the previous order, the Senate will pro- We ensure their hard work is rewarded RECORD. ceed to the consideration of H.R. 4, and their hard-earned dollars go to- There being no objection, the mate- which the clerk will report by title. wards their retirement needs. rial was ordered to be printed in the The legislative clerk read as follows: At the outset of the pension debate, I RECORD, as follows: A bill (H.R. 4) to provide economic security laid out three guiding principles that PENSION BENEFIT for all Americans, and for other purposes. must be followed when the bill is en- GUARANTY CORPORATION, The PRESIDING OFFICER. Under acted. Each of these has been satisfied Washington, DC, October 14, 1993. the previous order, there are 20 min- in this bill that I am proud to have We write in response to your inquiry. You utes equally divided between the two helped craft as chairman of the con- ask whether the PBGC adheres to the inter- leaders. ference committee. pretation of section 4225 of the Employee Re- The Senator from Wyoming. The first guiding principle is: The tirement Income Security Act of 1974 Mr. ENZI. Mr. President, I allocate money workers earn for retirement (‘‘ERISA’’), as amended by the Multiem- myself 7 minutes of the 10 we have on must be there when they retire. This ployer Pension Plan Amendments Act of 1980 our side. legislation contains tougher funding (‘‘MPPAA’’), set forth in its amicus curiae brief in Trustees of the Amalgamated Insur- A year ago, we were working on a rules to ensure the money is there ance Fund v. Geltman Industries, 784 F.2d 926 pension bill, and we were working on when workers enter retirement. (9th Cir. 1986). In its brief, PBGC addressed the bill in two separate committees. The pension bill puts an end to phony the proper application of ERISA §§ 4225(a) We passed bills out of both committees. pension accounting rules that inflated and 4225(b) where the withdrawn employer

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8748 CONGRESSIONAL RECORD — SENATE August 3, 2006 satisfies the prerequisites for the application maximize the liability of an employer. See quires pension plans with financial difficul- of both subsections. PBGC expressed the MPPAA § 3, codified at 29 U.S.C. § 1001a. The ties on the horizon to meet strict goals to view that an employer meeting the criteria same is true of the legislative history. avoid these problems. in both subsections (a) and (b) may elect the 3 See, e.g., ERISA §§ 4203 (b), (c), (d), and (f), The most troubled pension plans—the so- limitation that yields the lesser of the 4204, 4207, 4208, 4209, 4210, 4217, 4218, called ‘‘red zone’’ pensions—would be re- amounts determined under the two sub- 4219(c)(I)(B), 4224, and 4225. The Supreme quired to adopt a rehabilitation plan to sections. The Ninth Circuit, however, Court has noted with approval Congress’s ef- reach healthy funding status. The plan may reached a contrary conclusion. 784 F.2d at forts to moderate the impact of withdrawal require a combination of employer contribu- 929–30. For the reasons set out below, PBGC liability on employers, including Congress’s continues to believe that its interpretation effort in section 4225. Connally v. PBGC, 475 tion increases, expense reductions, funding of ERISA §§ 4225 (a) and 4225(b) is correct as U.S. 211, 225, 226 n.8 (1986). relief measures and restrictions on future a matter [*2] of law. Finally, the interpretation offered in benefit accruals. In certain extraordinary Under ERISA § 4225(a)(1)(A), an employer Geltman makes little economic sense. Under circumstances a rehabilitation plan may who withdraws in connection with a ‘‘bona the rationale of the decision, an employer also reduce or eliminate certain ancillary fide sale of substantially all of [its] assets in whose liabilities exceeded its assets by only pension benefits for workers who have not an arm’s-length transaction to an unrelated one dollar is ‘‘insolvent’’ and would auto- yet retired. This limited authority is nec- party’’ will ordinarily be permitted to retain matically forfeit any relief under section essary to ensure the continued viability of a portion of its dissolution value. The 4225(a)(1)(A). In contrast, if the employer’s the most poorly-funded plans. These changes Geltman court, however, citing ‘‘the lan- assets were one dollar greater than liabil- must be adopted by all bargaining parties, guage and . . . structure’’ and the ‘‘under- ities, the full liability limitation would both management and labor trustees. 4 lying policies of ERISA and MPPAA,’’ con- apply. As discussed above, the application of Our bi-partisan compromise also requires cluded that an ‘‘insolvent’’ employer must be the plain language of the statute avoids this multiemployer plan trustees to impose upon sort of anomaly. denied relief under subsection (a)(1)(A), be- contributing employers, within 30 days after 4 The attached table, drawn from the cause subsection (b) provides a different li- the plan provides the notice of reorganiza- ability limit that is explicitly directed to PBGC’s amicus brief, illustrates the dra- matic increase in employer liability caused tion status, a series of automatic contribu- ‘‘an insolvent employer undergoing liquida- tion surcharges. The surcharge will end when tion or dissolution.’’ by the single dollar difference. a new collective bargaining agreement is im- This analysis overlooks several pertinent In conclusion, the plain wording of section points. First, when Congress intended to 4225 dictates that an employer that meets plemented that adopts a schedule of benefits deny classes of employers relief under sec- the requirements of both subsections (a) and based on the rehabilitation plan. tion 4225, it did so explicitly. See ERISA (b) is entitled to an assessment of with- We believe that all of these reforms are § 4211(d) (prohibiting application of section drawal liability that does not exceed the critical to safeguarding the multiemployer 4225 to employers who withdraw from coal- lesser of the amounts determined under (a) pension system and protecting workers’ ben- industry pension plans). Significantly, noth- and (b). Neither the legislative purpose nor efits. We look forward to working with you ing in the language of section 4225 suggests principles of statutory construction compel to address the challenges facing America’s that subsections (a) and (b) are mutually ex- a contrary conclusion. The PBGC therefore workers and retirees. clusive.1 The two provisions have separate continues to adhere to the position stated in JOHN A. BOEHNER, factual prerequisites, and provide different its brief amicus curiae. Majority Leader, House of Representatives. I trust this responds to your question. If types of relief. So long as an employer satis- EDWARD M. KENNEDY, fies the requirements of both subsections, you have further questions regarding this Ranking Member, Senate HELP Committee. [*3] it should qualify for relief under either matter, please contact Karen Morris of my rule, and its liability should not exceed the staff. Mr. ENZI. Mr. President, this bill is lesser of the amounts determined under the CAROL CONNOR FLOWE, nearly identical to the product and two subsections. General Counsel. agreements made by members of the 1 Sections 4225(a) and (b) both begin with ADDENDUM conference committee in a bipartisan the phrase ‘‘in the case of an employer.’’ The Computation of Withdrawal Liability manner. I am proud that we have be- Geltman court suggested this phrase was Under Arbitrator’s Interpretation in ‘‘evidence that the sections are to operate Geltman Industries and Amelgamated Insur- fore us the most sweeping changes to exclusive of each other. . . .’’ This sugges- ance Fund, of Section 4225. our Nation’s retirement laws since the tion is manifestly incorrect. The phrase ‘‘in Assumptions: 1. The value of the employ- enactment of ERISA itself. the case of’’ is used as an introduction to at er’s assets after the sale is $100,000; 2. The This legislation will provide greater least 30 provisions of MPPAA; in each such employer’s liabilities other than withdrawal instance, it is used in its normal statutory liability are $90,000; 3. The unfunded vested security for our nation’s workers who sense, as a synonym for ‘‘when’’ or ‘‘if’’. 20A benefits allocable to the employer prior to have retirement benefit plans and Words and Phrases 75 (1959 & Supp. 1983). the application of section 4225 are $10,000 in greater stability for the Pension Ben- This conclusion is further supported by the Example 1 and $10,001 in Example 2. efit Guaranty Corporations, PGBC. technical definition of ‘‘insolvency’’ included There is little doubt that this bill will in section 4225. Under section 4225(d)(1), ‘‘an be the foundation on which the future employer is insolvent if [its] liabilities, in- cluding withdrawal liability under the plan Maximum Withdrawal Liability Under § 4225(a) Example 1 Example 2 of our retirement system rests. Today, (determined without regard to subsection we secure the future for American 1. (a)(1)(A): 30% of the liquidation value of (b)), exceed [its] assets (determined as of the the employer = .30X($100,000–$90,000) ... $3,000 workers and their families. We ensure commencement of the liquidation or dissolu- 2. (a)(1)(B): unfunded vested benefits attrib- their hard work is rewarded and their tion)’’ (emphasis added). Section 4201(b)(1)(D) utable to employees of the employer $0 or undetermined ...... N/A hard earned dollars go towards their defines ‘‘withdrawal liability’’ as including 3. Greater of (a)(1)(A) or (B) (#1 or #2) ...... 3,000 retirement needs. adjustment pursuant to section 4225. Thus, 4. (b)(1): 50% of allocable unfunded vested the use of the term ‘‘withdrawal liability’’ in benefits = .50X$10,00 ...... $5,000.50 I would like to review some impor- 5. (b)(2): additional amount due plan (re- the definition [*4] of insolvency incorporates maining liquidation value after #4) ...... N/A 4,999 tant aspects of this legislation. For any reductions in withdrawal liability re- 6. Total collectible under (b) (sum of #4 and more than a year we have been work- sulting from the application of section 4225 #5) ...... 10,000 7. Amount paid to Plan ...... 3,000 10,000 ing on a package of pension funding (including subsection (a)) except the reduc- 8. Amount paid to creditors other than Plan .. 90,000 90,000 rules that will strengthen defined ben- tion set out in section 4225(b), which is spe- 9. Amount retained by employer ...... 7,000 0 efit plans and thus, protect plan par- cifically excluded.2 2 The decision is therefore incorrect when CONGRESS OF THE UNITED STATES, ticipants from the fear of poverty in it states that whether ‘‘an employer is an in- Washington, DC, July 27, 2006. their retirement years. When I have solvent employer . . . is done by looking to DEAR CONFEREE: Throughout the last 18 concluded that, I will speak about the the provisions of [section 4225(d)(1)] without months as Congress has worked on pension process surrounding the pension reform regard to [section 4225(a)].’’ Geltman, 784 reform legislation, we have crafted a bipar- bill. F.2d at 929. tisan compromise that addresses needed re- PBGC believes that its interpretation of forms to identify and rehabilitate troubled We were motivated to make these section 4225 is fully consistent with the ‘‘un- multiemployer pension plans. Under this changes for several reasons. First, derlying policies of ERISA and MPPAA.’’ compromise, workers and employers can be plans were underfunded. This occurred Section 4225 is but one of several ERISA pro- assured of predictability and transparency in due to numerous and complicated rea- visions that limit the amount of withdrawal their pension plans. sons. A key factor was the combination liability imposed upon withdrawing employ- This compromise includes new, accelerated ers.3 Nothing in the congressional findings funding requirements for all multiemployer of low interest rates and lowered eq- and policy declarations that preface MPPAA pension plans. It provides for enhanced dis- uity values that began in the year 2000. indicate that the withdrawal liability limi- closure for workers, retirees, and employers The intersection of these two economic tation provisions should be construed to who contribute to these pensions. And it re- events caused both defined benefit

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2006 CONGRESSIONAL RECORD — SENATE S8749 plans and the federal agency that in- are underfunded; funding of executive the Senate language, as it was the re- sures them, the PBGC to show big defi- compensation is prohibited when the sult of many and long negotiations. cits. More money needed to go into the plan covering rank-and-file workers is The Nation cannot afford any more air- plans regardless of fluctuations in the underfunded; and premiums payable for line bankruptcies or terminations of economy. pension insurance are dramatically in- airline pension plans. I hope this legis- Underfunding was not caused solely creased and will add billions of dollars lation will not worsen the finances of by a drop in interest rates and equity to the coffers of the PBGC. the legacy airlines or the pension plans values. It was also caused by loopholes By contrast, under current law a pen- they sponsor. in pension funding rules. sion need be funded only to 90 percent; The language we have before us Second, as plan deficits rose, required liabilities are valued upon the four- makes other changes to law as well. contributions to plans skyrocketed. year weighted average of a long-term For example, it provides clarification This put struggling companies in finan- corporate bond and assets are regarding the use of automatic enroll- cial peril. When the terrorist attacks smoothed over as many as five year; a ment programs for defined contribu- occurred on 9/11 the cash flow of many single accelerated payment is required tion plans. It establishes a new port- of those same companies froze up. for underfunded plans, but there is no able defined benefit plan that we refer Without big reserves in the plans, they load factor; credit balances are added to as the ‘‘DB(k)’’ plan. This retire- could not make their pension payments to assets and can result in inappro- ment savings vehicle is especially ap- any longer. Some of them just declared priate contribution holidays and there pealing to small and medium sized bankruptcy. In turn, they dumped are many other weaknesses in current companies. The legislation improves their pensions on the PBGC. Those pen- law that have been corrected in the re- portability of retirement savings. It sion plan failures were quite large. form legislation. contains many beneficial changes to Among them were some steel compa- One industry that made a compelling tax law affecting the provision of nies and a couple of big airlines. case for special transition rules is the health care benefits for public safety PBGC premiums and asset recoveries airline industry. Because airlines are officers of state and local governments from failed pension plans are not vital to our economy, Congress agreed and for savings in long-term care plans. enough to cover the cost of paying ben- that different rules should apply to the efits to participants of the failed plans. plans of the legacy airlines. I am a lit- There are also rules that recognize Every time there has been a pension tle disappointed in the language from the unique situation of rural coopera- plan failure, the PBGC’s deficit wors- the House bill because it fails to treat tives that are very common in my ens. all the legacy airlines equally. I admire home State and are vital to all rural Finally, a taxpayer bailout of the the courage of a plan sponsor that parts of this Nation. PBGC is not an option. Congress’ ad- makes the tough decision to freeze its In addition, the rules for calculating verse experience with the savings and plan. When a company is suffering from lump sum distributions have finally loan problems of the past taught us a financial distress or the risk of it, it been updated in this legislation. The lesson: A taxpayer bailout of the PBGC needs to freeze accruals. But if the change for this calculation will be is not an option. A taxpayer bailout of company has made other financial sac- phased in very slowly so that partici- the pension insurance agency could rifices or the employees have made pants will not be disadvantaged by any only occur if the Congress provided for other concessions in order to keep the sudden change in the rate used to make it. We did not provide for a taxpayer plan in place that should, (within lim- these calculations. As is the case under bailout of the PBGC in this bill. In- its), be a decision of the company. current law, the new law allows a plan stead, we corrected the pension funding The Senate bill gave amortization sponsor to use different assumptions, rules. extensions to all four legacy airlines interest rates and/or mortality tables, There have been murmurings in the but required the non-frozen plans to to determine lump sum distributions so media and on Capitol Hill that the bills pay into their benefit plans at the ‘‘at- long as the plan provides that a par- produced in the House and Senate were risk’’ rate. The frozen plans received a ticipant’s lump sum amount is no less somehow ‘‘weaker than current law’’. more favorable arrangement—but all than the present value determined in The facts plainly show that neither the the legacy airlines received some more accordance with the provision in effect House nor the Senate bill is weaker or less equivalent treatment. under this legislation. than current law and this new bill that Under the House bill, frozen plans re- the House introduced and passed on ceive 17 years to amortize their plan While single-employer pension fund- Friday July 28, 2006 is not weaker than debt and an interest rate of 8.85 per- ing problems have been quite visible, current law either. cent. The frozen plans would be prohib- the funding problems of multiemployer Here are just a few examples of how ited from having a follow-on DB plan pension plans, that is, plans that are the pension reform proposal is tougher or a DC plan in which they pay match- sponsored by big labor unions and the than current law. ing contributions. If their plan should employers who have an obligation to Under the reform proposal: plans terminate within the next 10 years, for contribute to them, have been invis- must be funded to 100 percent; plans any reason other than a terrorist at- ible. Ironically, the agency that is must amortize their debts over 7 years; tack, or other similar event, severe ter- charged with protecting the integrity plans must use updated and accurate mination premiums are to be imposed of the pension insurance system has mortality tables; plans may not add in- on the sponsoring company. This lan- consistently declined to recommend flated credit balances to deflated plan guage controverts the provisions of the changes to the funding rules for these assets; liabilities must be valued using recently enacted reconciliation act, plans. Their argument is that the mul- a modified yield curve that will better P.L. 109–171, that did not impose a ter- tiemployer plans are not a threat to ‘‘duration match’’ assets and liabilities mination premium on plans whose the insurance system. of the plans; smoothing for both assets sponsor declared bankruptcy prior to I respectfully submit that, over time, and liabilities may be only 24 months October 18, 2005. these multiemployer plans have be- in duration; plans that are seriously By contrast, nonfrozen plans receive come an unseen threat to the pension underfunded must pay an additional some limited leeway. They would ob- insurance system and to the partici- contribution for ‘‘at-risk’’ plans. If tain an amortization of ten rather than pants in the plans and the employers plans are at-risk for a long enough pe- seven years for the liabilities accrued who must fund them. If there were not riod of time, they will be subject to an to date under their plan. They would risk inherent in these plans, the plans additional requirement to pay a ‘‘load not have to pay the deficit reduction would never have come to Congress factor’’ into the plan which assumes contribution, DRC, for 2006 or 2007. asking for changes in their rules. The the plan may be at risk of terminating; That waiver of the DRC would be a big changes in the pension reform bill will benefit increases, lump sum payouts help to their finances until the new postpone the possible collapse of some and additional accruals are prohibited rules phase in. multiemployer plans, but it they will for certain seriously underfunded I prefer the language of the Senate not cure it. Much remains work re- plans; payment of shutdown benefits passed bill, S. 1783. I am very sorry mains to be done in terms of multiem- are severely restricted for plans that that the House did not see fit to accept ployer reform.

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8750 CONGRESSIONAL RECORD — SENATE August 3, 2006 Unlike the single-employer pension The issue of the cutback of pre- Industries, 784 F.2d 926 (9th Cir. 1986)), system which has been amended nu- viously accrued benefits is very con- it is important for Congress to reit- merous times since its enactment in troversial and a few clarifying points erate its interpretation of this law. 1974, the rules governing multiem- are needed. First, the drafters took Therefore, I have included for the ployer plans have been virtually un- great care to ensure that the decision CONGRESSIONAL RECORD a copy of PBGC touched since the enactment of the to cutback accrued benefits is one that Opinion Letter 93–3. In this opinion let- rules covering these plans in 1980. must be made by the plan trustees, and ter, PBGC explains that, ‘‘the plain In 2003 the multiemployer plans came as part of the collective bargaining wording of section 4225 dictates that an up to Capitol Hill and asked for a blan- process. The language of the bill is employer that meets the requirements ket extension of amortization of their clear, I believe, that any reduction of of both subsections (a) and (b) is enti- plan gains and losses. Congress pared adjustable benefits can only be accom- back that request in the provisions ap- plished through a separate schedule. tled to an assessment of withdrawal li- plicable to multiemployer plans that The language of the bill does not per- ability that does not exceed the lesser appear in the 2004 Pension Funding Eq- mit cutbacks in the default schedule. of the amounts determined under (a) uity Act, PFEA. The legislation also provides a floor and (b).’’ Further, PBGC says, ‘‘that Since then, the unions and manage- for benefit reductions, i.e., the so- neither the legislative purpose nor ment agreed upon changes to ease the called 1 percent rule. The bill makes principles of statutory construction multiemployer pension funding stand- clear, however, that the plan sponsor compel a contrary conclusion.’’ ards for financially distressed plans. retains the ability to prepare and pro- As the Chairman of the Health Edu- The changes made here identify plans vide the bargaining parties with alter- cation Labor and Pensions Committee, that are seriously underfunded. They native schedules to the default sched- I believe this letter provides a clear also establish benchmarks for improve- ule that establish lower or higher ac- and concise interpretation of Section ment. crual and contribution rates than the The two special categories are for 4225 which is completely consistent rates otherwise required under the pro- with the intent of Congress. plans we consider to be ‘‘endangered’’ vision. Thus, the plan sponsor may sup- versus those that are worse funded. ply schedules to the bargaining parties The pension reform bill amends the Those are the plans in ‘‘critical’’ condi- for their consideration that raise em- anti-retaliation section of ERISA to tion. At the behest of the union and ployer contributions higher than the provide protection for employers who management multiemployer coalition, default schedule or reduce benefit ac- contribute to multiemployer plans and we urge these plans to increase fund- cruals below the specified 1 percent others. Specifically, the language adds ing. a new sentence to ERISA Section 510 Multiemployer plans are funded level. The legislation does not require the plan sponsor to go below the 1 per- that states: ‘‘In the case of a multiem- through contributions specified in col- ployer plan, it shall be unlawful for the lective bargaining agreements. The cent benefits floor, but that is ex- pressly permitted if the trustees and plan sponsor or any other person to dis- plans look like a defined contribution criminate against any contributing plan to the employers who pay for bargaining parties so choose. employer for exercising rights under them since they pay a certain number In the Health Education Labor and this Act or for giving information or of dollars per hour each participant Pensions Committee, we worked on testifying in any inquiry or proceeding worked under the plan. But, these multiemployer funding reform legisla- plans function like, and they are, de- tion over the last year and a half. We relating to this Act before Congress.’’ fined benefit plans for the individuals heard testimony regarding the impact The new sentence is necessary to covered by them. Because the plans are of existing multiemployer pension close a loophole in the existing whis- funded by, in some cases hundreds of, rules on small, privately held trucking- tleblower protection. Over the course collective bargaining agreements, im- related companies that participate in of the debate over multiemployer pen- provements to overall funding cannot multiemployer pension plans. sion reforms, several companies ap- These businesses participate in pen- necessarily occur quickly. proached Congress with concerns about sion plans that are badly underfunded The new rules do not set painful im- how proposals would adversely affect as a result of changes in the trucking provement standards for underfunded their business operations. In June 2005, industry and poor decisions by some of plans. On the contrary, these new John Ward, of Standard Forwarding in benchmarks for improvement are es- the plans’ trustees—decisions that the smaller companies had virtually no East Moline, IL, speaking on behalf of tablished with the complete approval those companies, testified before the of the multiemployer coalition. The knowledge of, much less control over. Despite the fact that these companies Retirement Security & Aging Sub- new rules allow the plans to make committee of the Senate Health, Edu- modest increases in their overall fund- have made every pension contribution cation, Labor & Pensions Committee. ed status without necessarily making required of them, the withdrawal li- other sacrifices. There is one exception abilities attributable to them has sky- On several occasions after that date, to this rule. That occurs when a plan is rocketed, and in several cases exceeds the committee heard allegations of in so-called ‘‘critical’’ status. Under the entire net worth of the company by threats of retaliation against Mr. Ward that circumstance, the multiemployer two and three times. for testifying before Congress and for coalition asked for the right to elimi- I worked diligently with my col- petitioning the Congress for redress of nate early retirement subsidies for par- leagues to include withdrawal liability grievances. The fact is that Mr. Ward’s ticipants who are still working. Early reforms for these companies in the pen- and the small trucking companies of- retirement subsidies are an accrued sion bill, and to protect those small fered a dissenting point of view on the vested benefit and under current law. employers who came forward to voice proposed multiemployer reforms. The They are protected from reduction or their opinions from retaliation from other companies for whom Mr. Ward elimination by a plan amendment. the pension plan. I am pleased that we testified are: Fort Transfer of Morton, Labor and management clearly felt were successful in securing some mod- IL; Midwest Drivers of Bloomington, that the underfunding in some multi- est reforms. MN; Billings Freight, Inc. of Lex- employer plans was so severe that the One additional issue which is vitally ington, NC; Miller Transporters of important to these employers involves only way some of the plans could sur- Jackson, MI; Schwerman Trucking Co. the proper interpretation of current vive was to eliminate early retirement of Milwaukee, WI; and Steel Warehouse law. ERISA section 4225 provides limi- subsidies of those who are still work- Co., Inc. of South Bend, TN. Among tations on withdrawal liability for an ing. those allegations was the concern that It is no secret that I resisted that employer that withdraws from the plan all or most of the companies had been change. Cutbacks of early retirement in connection with a bona-fide arms- targeted by a large multiemployer subsidies were not reported out of the length sale of assets to an unrelated HELP Committee. Cutbacks were not third party. As the interpretation of fund. passed by the Senate. The provision al- this section has been subject to some The conference committee believes lowing cutbacks was added by the legal dispute (Trustees of the Amal- that such actions, if proved, would House of Representatives’ bill. gamated Insurance Fund v. Geltman amount to unlawful retaliation under

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2006 CONGRESSIONAL RECORD — SENATE S8751 the language added to ERISA by the time for the IRS’ self-imposed morato- mencing at normal retirement age that pension reform bill under section 205. rium on determination letters for spon- is based on that current value. This Exercising rights under ERISA, testi- sors of these plans to end. flexibility is important because pen- fying before Congress, and giving infor- For purposes of applying the age dis- sion plans will often define the ‘‘ac- mation in any inquiry or proceeding re- crimination test, the bill permits a crued benefit’’ in different fashions. lating to this Act are protected under plan to express an employee’s accrued For example, the IRS has frequently this provision. Retaliation in the form benefit ‘‘under the terms of the plan’’ insisted that plans define the term ‘‘ac- of threats, special audits or singling as an account balance or current value crued benefit’’ as ‘‘an annuity com- out of employers and others for adverse of the accumulated percentage of the mencing at normal retirement age’’, or disparate treatment, will not be tol- employee’s final average compensa- even though the annuity is determined erated under the law. Let me say that, tion. This rule was intended to limit, by reference to a hypothetical account had there been a conference report, for purposes of age discrimination test- or a current value equal to an accumu- there was an agreement among the ma- ing, the use of an account balance to lated percentage of an employee’s final jority staff to include the specific ref- cash balance plans and the use of a cur- average pay. erence to the small companies who rent value to pension equity plans. warranted protection under this However, the phrase ‘‘under the terms Any hybrid plan including a cash bal- antiretaliation provision because they of the plan’’ could create the impres- ance or pension equity plan may also believe they have been singled out for sion that the rule applies only to cash apply the age discrimination test by retaliation by one of the plans to which balance and pension equity plans that expressing the employee’s accrued ben- they had an obligation to contribute. define in the plan document the term efit as an annuity beginning at normal Finally, all of Title II of the pension ‘‘accrued benefit’’ in this way. retirement age (or at the employee’s reform bill, except shortening the am- Many cash balance and pension eq- current age, if later), as determined ortization from 30 to 15 years, is sunset uity plans define ‘‘accrued benefit’’ as under the terms of the plan. If a cash after December 31, 2014 although any an age-65 annuity, even though that balance or pension equity plan were to funding improvement or rehabilitation annuity is determined by reference to do so, it likely would rely on the index- plan is permitted to remain in effect. an account balance or current value. In ing rules elsewhere in section 701 to One of my highest priorities for pen- many cases, this definition has been re- satisfy the age discrimination test. sion reform is clarification of the legal quired by the Internal Revenue Serv- The pension reform bill also provides status of hybrid pension plans. Since ice. It is important to clarify that Con- new specifications for hybrid plan con- late in 1998 when sensational stories gress does not intend to require a plan versions. These are entirely new re- about these plans first hit the news- document to include a specific defini- quirements and they have been worked papers, the Congress has been strug- tion of the term ‘‘accrued benefit’’ to out among the parties to these discus- gling over how to respond. I have never apply the standard set forth in this leg- sions. The rule specifies that for con- doubted the legality of hybrid plans. islation. versions, plans should follow an ‘‘A + While some conversion practices may This bill sets forth a test for age dis- B’’ formula. This means that the ben- have been questioned, the plans are en- crimination in defined benefit pension efit accrued to date under the old for- tirely valid. plans that compares an employee’s ac- mula, that was in effect prior to the Hybrid plans have been criticized on crued benefit with that of any simi- conversion, must be added to the ben- the theory that the design was per se larly situated younger employee. For efit under the new formula beginning discriminatory. The theory suggests this purpose, an employee’s accrued on the date the conversion takes effect. that the hypothetical individual ac- benefit may be expressed as the current count plan design unlawfully favors balance in a hypothetical account for Under this A + B formula, any early younger workers over older ones be- any plan that determines the employ- retirement subsidy that was accrued up cause younger workers could accrue in- ee’s accrued benefit (or any portion to the date of the conversion would be terest on their account over a longer thereof) by reference to a hypothetical preserved in the benefit of the partici- period of time than older workers. This account, such as a cash balance plan. pant. This early retirement benefit theory amounts to a declaration that Similarly, for this purpose, an employ- would be payable only if the partici- the ‘‘time-value of money’’ is age dis- ee’s accrued benefit may be expressed pant earned the requisite number of criminatory. as a current value equal to an accumu- years of service to entitle him or her to Not surprisingly, given the confused lated percentage of the employee’s the benefit subsidy. The participant logic of stating that compound interest final average pay for any plan that de- would not be entitled to any additional in a pension plan is age discriminatory, termines an employee’s accrued benefit amount of subsidy, but only the most courts that have reviewed the age (or any portion thereof) by reference to amount earned to-date could be paid appropriateness of hybrid plan designs such current value, such as a pension out and only assuming he or she have found them to be legitimate. In- equity plan. worked the number of years required deed, the first federal court to review But the bill does not elevate form under the plan to earn it. The new rule the question stated ‘‘Plaintiffs’ pro- over substance. How a plan expresses does not require a plan to pay an early posed interpretation would produce the accrued benefit for purposes of the retirement subsidy in lump sum unless strange results totally at odds with the age discrimination rules is not contin- the plan provides that it will do so. intended goal of the OBRA 1986 pension gent upon how the plan document de- This is consistent with current law and age discrimination provisions (Eaton v. fines the term ‘‘accrued benefit.’’ For practice. Onan (S.D. N.Y. 2000)).’’ The case law example, a cash balance plan may, for The hybrid language also corrects validating the hybrid design includes purposes of the age discrimination the so-called pension whipsaw for dis- three federal court decisions issued rules, express the accrued benefit as tributions after the date of enactment. since a 2003 rogue decision in the the current balance of the hypothetical The parties to the pension discussions Southern District of Illinois. These de- account determined under the terms of took the view that the position taken cisions explicitly reject that court’s the plan, even if the plan defines the by the IRS in Notice 96–8 was an incor- reasoning and conclusion (Tootle v. term ‘‘accrued benefit’’ in a different rect interpretation of present law. ARINC (D. Md. 2004), Register v. PNC form, such as an annuity commencing Many of us who were engaged in the (E.D. Pa. 2005) and Hirt v. Equitable at normal retirement age that is based pension reform discussions noted that (S.D. N. Y. 2006) and hold the hybrid on the hypothetical account. pension design to be legal. Consistent Similarly, a pension equity plan may Notice 96–8 was never finalized by the with these numerous federal court de- express the accrued benefit as a cur- IRS in their regulations and we ob- cisions, the Internal Revenue Service rent value equal to an accumulated served that the Treasury Department (IRS) for 15 years issued approvals for percentage of the employee’s final av- had been reviewing the position in No- individual cash balance plans and the erage pay as determined under the tice 96–8 for some time, but without re- Treasury Department and IRS repeat- terms of the plan, even if the plan de- sult. edly issued guidance as to the validity fines the term ‘‘accrued benefit’’ in a The approach taken in Notice 96–8 of the cash balance design. It is not different form, such as an annuity com- can actually harm many participants.

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8752 CONGRESSIONAL RECORD — SENATE August 3, 2006 Many employers have reduced the rate ance on how to invest their IRA mon- The first major reform of single-em- of interest crediting under their hybrid ies. However, I am afraid that the type ployer rules after ERISA was enacted plans due to concerns that over the re- and sophistication of the computerized occurred in 1987. Those reforms came quirements of the notice. In addition to models for IRA’s may not be obtainable only after a long and contentious con- its other flaws, the approach taken in and that the computerized models pre- ference. The conference began in March the notice provides a larger benefit to sented to the Department of Labor for 1987, but it did not conclude easily or be paid to a participant who takes a review may be trimmed down to en- amicably. It was not until December distribution before normal retirement compass only ‘‘life cycle’’ type of in- 22, 1987 that the legislation was signed age than for a participant who waits to vestment options. This should not be into law. The next major reform of sin- take his or her benefit distribution. the objective. As IRA accounts are dif- gle-employer plans occurred in 1994, Thus Notice 96–8 would penalize an em- ferent, the regulatory regime for giving seven more years after the ’87 amend- ployee who waits to take a distribu- investment advice guidance should be ments. That legislation was not en- tion. This is a perverse result for a rule based upon to overcome the real world acted until December 8, 1994. Multi- governing retirement plans. hurdles in getting appropriate invest- employer plans have not been revisited As we developed these new rules for ment advice to individuals. or reformed once since their enactment hybrid plans, we were cognizant that It also should be noted that the De- in 1980. the system is voluntary and as such, it partment of Labor, in 2001, issued an must accommodate the needs and con- advisory opinion to Sun America to It seems that pension legislation is cerns of employers and employees. A provide a structure for providing both marked by disagreement and strife, but viable pension system must grant plan traditional advice and discretionary this should not be the case. There have sponsors the ability to change their management. It was the goal and ob- been times when partisanship was put plan designs on a prospective basis jective of the Members of the Con- aside and when House and Senate, Re- without undue restrictions or man- ference to keep this advisory opinion publicans and Democrats sought to ‘‘do dates on benefit levels. intact as well as other pre-existing ad- the right thing’’ rather than score This legislation is a clarification of visory opinions granted by the Depart- points. the law; the action in producing this ment. This legislation does not alter One example of that bi-partisan, bi- clarification should not cast any nega- the current or future status of the cameral cooperation is the pension pro- tive inference on the legality of the hy- plans and their many participants op- visions of EGTRRA. Those provisions brid plans. erating under these advisory opinions. would be made permanent by this legis- There are provisions in this legisla- Rather, the legislation builds upon lation. EGTRRA made good reforms tion that I believe bring our pension re- these advisory opinions and provides and I hope they will become perma- tirement laws into greater sync with alternative means for providing invest- nent. They help Americans save for re- our future retirement needs for finan- ment advice which is protective of the tirement, increase portability, protect cial education and with the operations interests of plan participants and IRA plan integrity, increase the limits on of our quickly evolving financial mar- owners. kets. One provision concerns the ex- The legislation also contains provi- defined benefit, defined contribution pansion of investment advice to work- sions to modernize ERISA to align it plans and IRAs. EGTRRA allows catch- ers while other provisions are designed with our financial markets of today, up contributions for individuals who to allow ERISA plans to achieve simi- not the financial markets of 1974. are age 50 and older and they make per- lar benefits and efficiency of our mod- These modernizations provisions, such manent many other beneficial tax and ernized financial markets that is avail- as permitting the use of electronic ERISA provisions. able currently to retail and other insti- communication networks, will put I hope we can return to those days of tutional investors. ERISA plans in parity with the current pension bi-cameral and bi-partisan co- The investment advice provisions ability of retail and other institutional operation. Given the graying of Amer- will provide much needed financial ad- investors to use these modernizations. ica and the on-coming retirement of vice and guidance for the millions of Specifically with respect to the provi- the baby-boomers, the American people workers and their families on how to sion on electronic communication net- need Congress to enact legislation that invest their hard earned monies for re- works and similar trading venues, it will improve the day-to-day lives of or- tirement. The compromise achieved in was not the intention to overturn ex- dinary Americans. I hope this legisla- the legislation would predicate upon isting interpretations or guidance tion can and will make modest steps in the development of computerized mod- granted by the Department of Labor to that direction. els to help workers to investment mon- securities exchanges registered pursu- Mr. President, I would like to make a ies through 401(k) accounts. Significant ant to the Securities Exchange Act of safeguards were put into the legisla- 1934. The legislation’s provision is clear special note about the bill before us. tion to ensure that the computerized that it is applicable solely to elec- This legislation is essentially the prod- models were certified by independent tronic communication networks and uct of the conference committee of third parties. In addition, greater au- similar trading venues and not to secu- which I chaired. While I am pleased we diting of the use of the computerized rities exchanges. With respect to the are on the verge of passing an historic models and enhanced disclosures will block trading provisions, the legisla- measure, I must briefly mention con- ensure that the models are being used tion is not intended to be inconsistent cern, as any chairman should, for how properly and that workers understand with the Department of Labor’s views we arrived at the bill before us today how investment advice should be used with respect to the recently amended rather than a conference report. It was and how they can still seek inde- prohibited transaction exemption, PTE our intention to make final decisions pendent advice for guidance and help. 75–1. on the very last items of the con- Everyone at the conference table rec- Should this legislation be enacted ference and to report back to both the ognized the significant differences be- into law, I would like to comment on House and the Senate with a com- tween the operation of 401(k) accounts the history of pension legislation. The pleted, bipartisan conference report. and IRA accounts. While 401(k) ac- negotiations that have given birth to Unfortunately, the conference process counts within defined contribution this new law and its place in time have was cut short and was taken out of our plans offer a limited menu of invest- been very difficult, but that is by no hands. I truly hope that this is not the ment options, IRA accounts may have means unique to the history of ERISA. start of new precedent on how con- hundreds of various investment options This legislation marks the first ferences should be conducted. If future and alternatives spanning a vast array major, comprehensive reform of the actions repeat the actions taken here, of securities, debt, insurance and other pension funding rules in 32 years. then the future significance of chair- financial products. With respect to ERISA, itself, was enacted in 1974, 11 men and conference committees are in these IRA accounts, I applaud the years after the collapse of the Stude- severe jeopardy. At the very heart of measures in the legislation that would baker pension plan in 1963 and after ex- the Congress as a whole and the Sen- encourage the development of comput- tremely heated debates in the House ate, are the traditions and precedents erized models to give individuals guid- and Senate. to ensure that everyone plays by the

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2006 CONGRESSIONAL RECORD — SENATE S8753 same rules. When those traditions and Fransen, Stacy Kern, Carolyn Smith, GRASSLEY of the Finance Committee precedents are usurped, then we run Patricia McDermott, and Nikole Flax. for his leadership and his integrity in the risk of making everything before Finally, I want to thank my chief of this process. us meaningless. I offer this statement staff, Flip McConnaughey. He did an And tonight all of us are remem- as one of caution and not one of dam- excellent job holding the office to- bering our good friend and colleague nation. gether and keeping a focus on Wyo- Senator MAX BAUCUS, who has worked Finally, Mr. President, I want to ex- ming-specific issues when the pension so hard over the last few years on this press my appreciation to the key peo- conference kicked into full gear. legislation. Our thoughts are with him ple involved in this bill. In conclusion, I want to express my and his family and the people of Mon- The pension bill we are about to pass appreciation to key people involved in tana in their time of loss. could not have been drafted if partisan- this bill over the past 2 years. The pen- Many other Senators also contrib- ship and politics had been allowed to sion bill we are about to pass could not uted significantly to this legislation. intervene. I want to thank Senators have been drafted if partisanship and Senators DEWINE and MIKULSKI have KENNEDY, GRASSLEY and BAUCUS for politics had not been laid aside for the worked to be sure that we address the their extremely hard work on a com- greater good. need of manufacturing companies in plex piece of legislation. I appreciate I thank Senators KENNEDY, GRASS- this country; Senator MIKULSKI has their commitment to the private pen- LEY, and BAUCUS for their extremely sion system and their willingness to hard work on this complex piece of leg- been particularly interested in wom- drive onward to solutions to the many islation. I appreciate their commit- en’s retirement security and protec- tough decisions we had to make. It has ment to the private pension system tions for older workers, as well. Sen- truly been an honor to work so closely and their willingness to drive onward ator ISAKSON and Senator LOTT have with such fine statesmen. to solutions to the many tough deci- continued to press issues important to I also want to thank Senators sions we had to make. It has truly been airlines. And Senator HARKIN has tire- lessly advocated for older workers in DEWINE and MIKULSKI for their ex- an honor to work so closely with such traordinary work as the leaders of the fine statesmen. I also thank Senators cash balance pensions. Subcommittee on Retirement Security DEWINE and MIKULSKI for their ex- There have also been many leaders in and Aging. Their hearings last year traordinary work as leaders of the Sub- the House who made this legislation created the basis for this bill. Their committee on Retirement Security and possible. I particularly thank Majority commitment to pensions of ordinary Aging. Leader BOEHNER for his contributions Americans and their sense of fairness There are many people who worked and leadership. greatly improved the bill before us. behind the scenes to get this bill com- I also thank our staffs, who devoted There are many people who worked pleted. I would like to thank all of my late nights, gave up vacations and behind the scenes to get this bill com- staff for their diligence and commit- weekends to get the bill done and pleted. I would like to thank all of my ment. I will go into some of those in worked steadily on this issue. Senator staff for their diligence and commit- greater detail later. My staff worked ENZI: Katherine McGuire, Greg Dean, ment. In particular I thank: with other Senate conferees and other Diann Howland, David Thompson, and HELP Committee Staff Director individuals. I will mention those after Ilyse Schuman. Senator GRASSLEY: Katherine McGuire; Greg Dean, who we have the vote so people can be on Kolan Davis, Mark Prater, and John played a central role on the investment their way. O’Neill. Senator BAUCUS: Russ Sul- advice and prohibited transactions bill I thank the nonpartisan Legislative livan, Pat Heck, Judy Miller, and Stu language. He expertly managed discus- Counsel’s staff, Jim Fransen and Stacy Sirkin. Senator MIKULSKI: Ellen-Marie sions throughout the process and Kern. And, finally, I thank my chief of Whelan and Ben Olinsky. From the brought the various players together staff, Flip McConnaughey. Joint Committee on Taxation: Carolyn time and time again to move the bill I urge my colleagues to support this Smith, Patricia McDermott, and forward; Diann Howland, my pension historic piece of legislation which the Nikole Flax. And from the Senate Leg- policy director, who bravely agreed to President will quickly sign into law. It islative Counsel, Jim Fransen and come back to the hill and take on her will save a number of pension plans, Stacy Kern. third major pension reform bill. In but, more importantly, it will save the I especially thank my own staff for light of overwhelming odds, she people that need these pensions. their tireless efforts: Terri Holloway, brought a fresh perspective to complex The PRESIDING OFFICER. The Sen- Jeff Teitz, Jonathan McCracken, and issues every day and should be com- ator from Massachusetts. Laura Capps. Michael Myers, my staff mended for her leadership in getting Mr. KENNEDY. Mr. President, I be- director, helps guide our work on so this bill done; David Thompson, he lieve we have 10 minutes on our side. I many issues. And special thanks to brought a superb understanding of the yield myself 7 minutes, and 3 minutes Holly Fechner and Portia Wu. Portia intricate and complex labor issues to to the Senator from Maryland, Ms. MI- brings a mastery of the issues and a the table; and Amy Angelier—my KULSKI. dedication to workers that made pos- I know that the hour is late, but I crackerjack budget staffer and policy sible so much that is in this legisla- want to take just a few minutes to advisor. She was on top of each and tion. And Holly is a true leader who speak on this critical piece of legisla- every aspect of the budget aspects of had the vision and skills to make it all tion. this bill and helped guide its success. happen. I thank her for her work on My staff worked closely with the First, I want to thank my colleagues this important bill. staffs of my other Senate conferees and who were instrumental to crafting this those individuals deserve thanks. They bill. Pensions are not an easy subject, This bill is the most important ac- are Michael Myers, Portia Wu and and it has been an extraordinary effort tion to safeguard the retirement of Holly Fechner of Senator KENNEDY’s over the last two years to develop this hard working Americans in a genera- HELP Committee staff; Kolan Davis, compromise legislation, which will tion. It will help more than 100 million Mark Prater, John O’Neill, Judy Miller help to strengthen retirement security Americans today as they look forward and Stu Sirkin on the staff of the Fi- of over 100 million Americans. to a financially secure retirement, and nance Committee for Senators GRASS- I thank our leadership for bringing millions more in the future. It means LEY and BAUCUS. I wanted to especially this important bill to the floor today— greater retirement security for work- commend Mark Prater for his leader- Senators FRIST and REID. Americans ers across the economic spectrum— ship over the last week helping us ma- are counting on us to act now, and I from cashiers to flight attendants, neuver through troubled waters. thank our leaders for making this pos- from construction workers to auto I would also like to thank the non- sible. workers. partisan legislative counsels and staff I want to thank Chairman ENZI, who The danger has been obvious. More from the Joint Committee on Taxation has been both tireless, and also a gra- and more firms are dropping their pen- for their very long hours and profes- cious and even-handed leader, both of sions. Half of all American workers sionalism. Every person with a pension the HELP Committee and of this con- now have no retirement savings plan at should join me in thanking Jim ference. I also want to thank Chairman their job at all.

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8754 CONGRESSIONAL RECORD — SENATE August 3, 2006 This bill says to millions of Ameri- should. And we succeeded because we Smith and Mike Quiello; and, in par- cans who fear their pensions may dis- worked together. ticular, Senators COLEMAN and LOTT, appear that help is on the way. We’re I thank Senator ENZI for his leader- who have worked so tirelessly to bring helping their pension plans recover and ship and his collegiality, his inclusion us to this moment. imposing tough new rules to keep them and his civility; Senator KENNEDY for For a second I would like to focus on the leadership he provided to our side that way. what this moment is. There are three It gives workers a greater voice in of the aisle and the very competent distinct winners tonight. In the short planning their retirements instead of staff at his disposal; certainly to my run, the winners are tens of thousands just blind faith. It’s their money and colleague Senator DEWINE. We chaired of employees in the airline industry their hard work, and they should know the Subcommittee on Retirement Se- confronted within the next 30 to 60 what’s going on. curity and Aging and held some of the days with a loss of up to 70 percent of This legislation touches almost every first hearings out of the box. We tried their pensions with them going on the aspect of retirement planning, whether to go at it with intellectual rigor and back of the PBGC. They will be grate- it’s a pension, a 401(k) plan or personal with fortitude. We promised we would ful for the opportunity this bill gives savings. We owe it to our workers to do no harm to those who relied on a to allow them and their pensions to be give them the best information so they pension, to those who provided a pen- can make the best choices for them- sion, and to the Pension Guaranty. honored. selves and this bill makes that pos- Do you know what? We did it. Then Secondly, in the long run, tens of sible. we moved it through the HELP Com- millions of Americans employed by The Pension Protection Act will mittee. The Finance Committee had al- some of the greatest corporations in strengthen the financial health of pen- ready started their work, and ulti- this country whose pensions have come sion plans by doing as much as we can mately we merged those two bills. But into jeopardy over time because of to guarantee that funds will be there to Senator DEWINE and I come from a changes in the workforce, changes in pay for employees hard-earned retire- manufacturing base, those blue-collar longevity, and the pressures that have ment benefits. workers with dirt under their finger- been put on the pension system. It provides opportunities to increase nails and bad backs who wonder what Most importantly, the big winner to- retirement savings by automatically they are going to have at the end of the night is the taxpayers of the United enrolling people in workplace pension workday. We stood up for them. There States. Because this Congress, in a bi- plans, and improving the Saver’s Credit was a concern that the use of credit partisan fashion, has come together to help moderate-income workers. ratings in determining whether a pen- and said: We can modernize our pension Workers who participate in retirement sion plan was at risk would force man- laws. We can keep pensions from being savings plans will have greater access ufacturing companies going through defaulted upon and going on the back to investment advice to help them difficult economic times into bank- of the PBGC. And we can prevent the manage their retirement savings. ruptcy because of their pensions. type of failures that in the past have It protects the retirement benefits of We held up the Senate. We said we cost the American taxpayers tens of older workers when companies switch wouldn’t let the bill go on. But Sen- millions of dollars. to new types of cash balance pension ators GRASSLEY and BAUCUS reached plans. And it includes specific provi- out to us and said: Trust us; we can We had an earlier bill that failed to- sions to strengthen women’s retire- reach a compromise. Will you work night. It consolidated many efforts to ment security. with us? We wanted to know what that bring about changes for many Ameri- In addition, it includes clear protec- compromise was. They said: We will cans. But as we close this session to- tions to prevent employees from being have to work it out. Do you know what night, with the adoption of this par- stranded by future Enron-type crises we did? We trusted our colleagues on ticular piece of legislation, we will find because firms force them to invest the Finance Committee and before long the best in this Senate, where Repub- their retirement savings in company we had a sensible solution that was ac- licans and Democrats have come to- stock. tuarially sound, fiscally reliable, and gether to do what is right for the tax- The need for action is clear, and it’s also met the needs of the pensions. payers. gratifying that Democrats and Repub- Tonight we come before you with Lastly, I want to say in particular to licans, House and Senate, have been something that we truly have done on the two Senators from Texas and the able to come together to enact these a bipartisan basis, consulting with ex- two Senators from Ohio—Mrs. major reforms. perts, working with able staff, trusting HUTCHISON, Mr. CORNYN, Mr. VOINO- I urge my colleagues to support this and working with each other, long VICH, and MIKE DEWINE—how much I legislation. hours, difficult nights, sometimes appreciate their consent for us to move I yield the remainder of my time to speed bumps and potholes. But now we tonight and to work with them to see the Senator from Maryland. have come to the end of the journey. I to it that the concerns they had are ad- The PRESIDING OFFICER. The Sen- can’t tell you how proud I am to ask dressed in the months and years ahead. ator from Maryland. my colleagues to vote for this bill. I am Ms. MIKULSKI. Mr. President, I hope proud not only because I believe to- I yield the floor. Members take the time to listen to night we truly can make a difference, TYPE III SUPPORTING ORGANIZATIONS AND what we are saying here. We are about but also so we can use this as a model EXCESS BUSINESS HOLDINGS to make history. We are about to pass of how when we work together, we can legislation that is going to make a dif- do better. Mr. ALLARD. Mr. President, I would ference. We are going to make sure I yield the floor. like to engage my colleague, the dis- that the lives of over 100 million people The PRESIDING OFFICER. The Sen- tinguished Chairman of the Senate Fi- will be more secure because of what we ator from Wyoming. nance Committee, Senator GRASSLEY, have done tonight. We are going to Mr. ENZI. I yield 3 minutes to the regarding a specific point involving the make sure that good-guy businesses Senator from Georgia. charitable reform provisions for Type will have clear, certain rules so that Mr. ISAKSON. Mr. President, tonight III supporting organizations, particu- they can continue to provide pensions. I thank a number of people and ac- larly the authority of the Secretary to We are going to make sure that govern- knowledge their very hard work: Chair- exempt an organization from the appli- ment, through heavyhandedness or un- man MIKE ENZI of the HELP Com- cation of the excess business holdings intended consequences, won’t force mittee and Ranking Member KENNEDY rules. My colleague has worked hard to these businesses into bankruptcy. We have been indispensable; Senator address the unintended consequences are going to protect the taxpayer to GRASSLEY, who has been fantastic, that may arise with regard to some of make sure that the pensions of hun- along with his ranking member MAX these changes as they related to the dreds of thousands of people aren’t BAUCUS; John O’Neill of the staff of the important work of many fine organiza- dumped into the Pension Benefit Finance Committee; Diann Howland tions that support worthy and noble Guarant Corporation, leaving it to the and Kara Marchione of the HELP Com- causes. I have one of these organiza- taxpayer to do what the private sector mittee staff; my staff, Ed Eigee, Glee tions in my State of Colorado—the

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2006 CONGRESSIONAL RECORD — SENATE S8755 Reisher Family Foundation—that ben- Mr. President, I yield the floor. sumers whose debt is being repaid to efits many underprivileged students CREDIT COUNSELING ORGANIZATIONS the creditors. If the limitation were in- throughout my State and provides Mr. SESSIONS. Mr. President, I want tended to include both ‘‘fair share’’ them the means to attend college in to take a minute to let my colleagues revenues paid by creditors and reve- my State. know what the chairman of the Fi- nues received in the form of debt man- Mr. GRASSLEY. Mr. President, I am nance Committee, Senator Coleman, agement plan fees paid by consumers, happy to engage my distinguished col- and I have discussed with respect to then virtually no existing credit coun- league about what the intent with this the consideration of a particular sec- seling organizations, if any, would be exemption is, and how we have worked tion of the Pension Protection Act of able to qualify for tax-exempt status to limit the unintended consequences 2006—Section 1220. Namely, that sec- under Internal Revenue Code Section for legitimate charitable organiza- tion would establish additional stand- tions. As you are aware, some of us 501(c)(3). That is not the intent of Con- ards in the Internal Revenue Code for gress. with interest in this provision in work- tax exemption for credit counseling or- ing to address any unintended con- ganizations. Mr. GRASSLEY. Mr. President, yes, sequences thought it would be a good The chairman was the genesis of the provision is intended to get at fair idea to give the Secretary the ability these provisions, and it is through his share type payments, but note that to exempt from the excess business hard work and persistence that they agencies and creditors cannot get holdings rules Type III supporting or- were ultimately included in the bill we around the provision merely by re-la- ganizations in certain limited cir- are currently considering. The credit beling fair share payments as some- cumstances. counseling reform language will go a thing else. This is the intent of this Mr. ALLARD. Mr. President, specifi- long way toward ensuring that the provision. I am also aware of a specific cally, I want to draw the chairman’s hundreds of bona fide tax-exempt cred- issue affecting a few States and their attention to the excess business hold- it counseling organizations operating existing State law, and the provision ings provision and the language that today across the country that serve an before us today specifically includes a allows the Secretary to waive the ap- invaluable role in helping consumers transition period in part to allow the plication of the excess business hold- understand, deal with, and manage reconciliation of various State statutes ings provisions if the holdings of the their credit and debt problems will be Type III supporting organization are with the new federal provision. I will able to continue as tax-exempt under work with interested Senators during held consistent with the purpose or Internal Revenue Code Section function constituting the basis for its this period on their concerns regarding 501(c)(3), with all of the important obli- existing organizations. I thank Mr. exemption under section 501. I want to gations and benefits that this status emphasize that my understanding is COLEMAN and Mr. SESSIONS for helping entails. Ensuring the continuation of to clarify its intent. correct that the Secretary should tax-exempt credit counseling organiza- make a final determination very quick- tions that meet the high standards set MODIFICATIONS TO SECTIONS 801 AND 803 ly after a currently existing Type III by the Federal Tax Code, along with Mr. ALLEN. Mr. President, I would supporting organization seeks exemp- standards set by state law and by Fed- tion from the excess business holdings like to engage in a brief colloquy with eral agencies such as the Federal Trade rules. It is extremely important that the distinguished chairman of the Fi- Commission and the U.S. Department the determination be made within 6 nance Committee, Senator GRASSLEY, of Justice, will mean that the nec- months after the organization seeks regarding changes to the limitations essary counseling, education and debt exemption so that the organization on pension deductions in sections 801 management plan services will be knows how it must structure its hold- and 803. The legislation, in section 801, available to all financially distressed ings. Is that my friend’s under- increases the deduction limit for de- consumers who need them for many standing? fined benefit plans for years after De- years to come. It also means that there Mr. GRASSLEY. Mr. President, I cember 31, 2005. Increasing this limit will be sufficient tax-exempt credit agree with Senator ALLARD on his un- will encourage employers to contribute counseling organizations available to derstanding and our intent that the more to their defined benefit plans. Secretary should make a final deter- fulfill the pre-bankruptcy counseling mination very quickly after a cur- mandate of the Bankruptcy Abuse Pre- However, if an employer has both a rently existing Type III supporting or- vention and Consumer Protection Act defined benefit plan and a defined con- ganization seeks exemption from the of 2005. As for the purpose of Section tribution plan there is a separate de- excess business holdings rules. The de- 1220, I would like to turn to my col- duction limit that applies to employers termination should be made by the league, Senator COLEMAN, who—as with a combination of plans. Thus, this Secretary within 6 months after the ex- chairman of the Permanent Sub- legislation in section 803, also updates emption is sought. The joint com- committee on Investigations—con- the limitation on deductions where an mittee will have a description of sev- ducted an investigation into abuses in employer has a combination of such eral factors that the Secretary should the credit counseling industry. plans effective for contributions made consider in making decisions to waive. Mr. COLEMAN. One provision of Sec- for taxable years after December 31, The considered views of the State At- tion 1220 of the Pension Protection Act 2005. The change in section 803 elimi- torney General should be a part of that of 2006 would create a new Section 501 nates the deduction limit for combina- decision. In addition, if the shares of (q)(2)(A)(ii) of the Internal Revenue tions of defined benefit and defined the entity and related persons is not Code. This particular subsection con- contribution plans for employers that controlling or the individual and re- tains one of several new requirements do not contribute more than 6 percent lated persons are bound to ultimately for credit counseling organizations to of compensation to a defined contribu- contribute all but a de minimus share qualify for Federal tax exemption tion plan. to the charity and have no direct or in- under Internal Revenue Code Section If an employer has a combination of direct control of that charity and its 501(c)(3). I wanted to clarify with the plans and wants to contribute more investments those are additional fac- chairman that this particular provision tors the Secretary can consider. is not intended to impose a limitation than 6 percent of compensation to a de- Mr. ALLARD. I commend the chair- on all credit counseling organization fined contribution plan, the legislation man for his work and for working with revenues derived from debt manage- also has a provision in section 801 others, such as the distinguished rank- ment plans, but rather only on the rev- which permits employers to exclude de- ing member on the Senate Finance enues derived from what are commonly fined benefit plans whose benefits are Committee, Senator BAUCUS, and Sen- referred to as ‘‘fair share’’ payments guaranteed by the PBGC, from the lim- ator SANTORUM on this much needed from creditors to credit counseling its applicable to combinations of de- exemption. There is no question that agencies. These are payments made by fined benefit plans and defined con- we intend to encourage more chari- creditors to credit counseling organiza- tribution plans. But, unlike the other table giving in this country. I thank tions that are attributable to the debt two provisions I described above which my colleague for engaging me in this management plan services provided by permit employers to increase their colloquy. credit counseling organizations to con- contributions to defined benefit plans

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8756 CONGRESSIONAL RECORD — SENATE August 3, 2006 effective for years after December 31, capital preservation rule, which applies ment-grade corporate bonds at any 2005, it appears that this last related to a narrower universe of plans. time during a reasonable period before provision regarding guaranteed plans To illustrate how the loss protection the rate is first applied under the plan; may inadvertently not have the same rule operates in the case of a defined is this correct? effective date as the other two. benefit plan that indexes benefits by Mr. ENZI. Yes, it is. It seems to me that if we are encour- reference to changes in the Consumer aging employers to fully fund their de- Price Index, the rule requires that the CREDIT COUNSELING fined benefit pension plans, that the ef- cumulative effect of such indexing may Mr. BINGAMAN. Mr. President, I fective dates for these provisions not cause a decrease in an employee’s would like to engage in a brief colloquy should all be effective as of December benefit below what it would have been with the distinguished chairman of the 31, 2005. I am hopeful that we will ex- in the absence of such indexing. Al- Finance Committee, Senator GRASS- amine this issue and can correct this though it is very unlikely, this would LEY, regarding the provision addressing technical oversight. occur if there were a sustained period tax-exempt credit counseling organiza- Mr. GRASSLEY. Mr. President, I ap- of deflation in which the overall tions. My understanding is that the preciate my distinguished colleague change in the CPI were negative rather provision is intended to strengthen the from Virginia, Senator ALLEN, raising than positive. In that extremely un- standards for credit counseling organi- this concern. I can assure him that he likely case, the plan could not reflect zations claiming exempt status, help- is correct that it makes perfect sense the cumulative negative change in the ing to ensure that these organizations for provisions intended to encourage CPI. do not conduct substantial activities employers to fund their defined benefit Mr. BURR. At what point are the unrelated to their exempt purposes of pension plans by increasing the deduc- rules applied? providing charitable and educational tion limits to have the same effective Mr. ENZI. The capital preservation counseling. I would ask Chairman and loss protection rules are intended date. I also agree that this should espe- GRASSLEY to confirm that under- cially be true for provisions that up- to provide long-term protection to em- standing and to briefly explain the in- date deduction limits for employers ployees, so the determination of wheth- tent of the provision. with a combination of plans. I look for- er the rules are satisfied is made at the ward to working with my colleague on time benefits commence but not be- Mr. GRASSLEY. I am happy to con- addressing this oversight. forehand. In the case of plans that firm the understanding of my distin- Mr. ALLEN. Mr. President, I thank index benefits after benefits begin, the guished colleague from New Mexico, the distinguished chairman of the Fi- determination is made by reference to Senator BINGAMAN, regarding this pro- nance Committee for his willingness to the benefit in effect at the time bene- vision. The provision is intended to work with me to address this issue. fits begin. buttress current exemption standards by providing additional standards that SECTION 701 LUMP SUMS FROM HYBRID PENSION PLANS Mr. BURR. Mr. President, I would Mr. GREGG. Mr. President, I would must be met for a credit counseling or- like to ask the chairman of the Com- like to ask the chairman of the Com- ganization to claim exempt status. As mittee on Health, Education, Labor, mittee on Health, Education, Labor, the Senator knows, the IRS recently and Pensions a question regarding how and Pensions, to clarify provisions of has challenged the exempt status of section 701 of the new bill relates to H.R. 4 that address the payment of several credit counseling organizations capital preservation and loss protec- lump sums from hybrid pension plans. because they are operated for a sub- tion. Would you please explain what My first question relates to a clari- stantial non-exempt purpose, substan- types of plans are subject to each of fication of the effective date of those tial private benefit and private the two rules and how the rules oper- provisions. As you are aware, under the inurement. Certain of these organiza- ate? so-called whipsaw method of calcu- tions exist merely to generate income Mr. ENZI. The capital preservation lating lump sums, younger workers from the sale of debt management rule applies to applicable defined ben- would receive much larger lump sums plans, while providing minimal exempt efit plans, such as cash balance and than identically situated older work- purpose activities related to credit pension equity plans. To illustrate how ers. counseling. The standards imposed the rule operates in the case of a cash This result is one that Congress under this provision are intended to balance plan, the rule requires that the never intended. Furthermore, the prac- augment, not supplant, the IRS efforts cumulative effect of all the interest tical effect of the whipsaw calculation and to ensure that exemption from credits to an employee’s hypothetical would be to reduce benefits for all par- consumer protection laws applies only account may not reduce the account ticipants, young and old, in cash bal- to those organizations that can satisfy balance below the sum of all the pay ance plans. Therefore, the intent of the stricter tax-exempt standards. I also credits made to the account. whipsaw provisions is to put this issue want to assure the distinguished Sen- Mr. BURR. The bill refers to ‘‘con- to rest. Accordingly, the provisions are ator from New Mexico that we will con- tributions credited to the account’’ effective for distributions made after tinue to monitor developments in this rather than pay credits? the date of enactment, regardless of industry to ensure that only those en- Mr. ENZI. Yes. The two terms are why they are made. tities that serve a sufficient charitable synonymous. Since the account in a Mr. ENZI. Yes. The provisions do and educational purpose can claim tax- cash balance plan is hypothetical, the apply to all distributions made after exempt status and that such tax-ex- contributions credited to it are hypo- the date of enactment. empt entities do not generate signifi- thetical also. Hypothetical contribu- Mr. GREGG. My second question re- cant revenues from activities unrelated tions is merely another name for pay lates to the definition of ‘‘market rate to their exempt purposes. If it turns credits. of return’’ in the whipsaw provisions. out that the additional standards im- The second rule, the loss protection My understanding is that the term posed by this legislation do not have rule, applies to all defined benefit plans ‘‘market rate of return’’ is intended to the desired impact, you can be assured that use any form of benefit indexing. allow plans to adjust benefits in ways that we will not hesitate to revisit this Thus, the second rule applies not only that benefit participants. For example, area. to cash balance and pension equity a plan could provide a variable market Mr. BINGAMAN. I want to thank the plans but also to other defined benefit rate of return and, in addition, protect distinguished chairman of the Finance plans that index benefits. participants by preventing the rate of Committee for his clarification and his The loss prevention rule would apply return in their accounts from falling leadership on these important issues. in the same way as the capital preser- below a reasonable, minimum level vation rule in the above example of a without having to reduce the variable RELIEF FOR AIRLINES cash balance plan. However, because market rate of return. My further un- Mr. NELSON of Florida. Mr. Presi- the loss prevention rule applies to a derstanding is that the term ‘‘market dent, while we consider legislation re- broader group of plans than just appli- rate of return’’ is intended to include a garding the hard-earned pension bene- cable defined benefit plans, the rule is fixed rate of interest that is no greater fits of American workers, we have be- written in more general terms than the than the yield on long-term, invest- fore us a good bill, but flawed bill,

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2006 CONGRESSIONAL RECORD — SENATE S8757 which is long overdue. It strengthens airlines equally. Unfortunately, this strongly support their efforts to fix company pension plans and ensures bill does not treat all airlines equally. this portion of the bill in the very near that money promised is there to pay In talking to my colleagues in the future. for millions of workers’ and retirees’ Senate, I believe there is a general con- Mr. LAUTENBERG. Mr. President, benefits. It also enhances retirement sensus that this differential should be this pension bill is a good bill, but it is savings and retirement security by en- corrected at the earliest possible legis- not a perfect bill. It will make sure couraging more companies to use auto- lative opportunity. If that assurance companies put real money behind their matic enrollment in 401(k) pension can be given by the Senate leaders on pension promises, in good times and plans, which ensures workers save this pension legislation, I believe we bad. It will give workers more informa- more for retirement. should pass the House bill this week tion about their pension plans so they Yet despite these positive steps and and work diligently to correct the in- understand the risks they face. It will necessary reforms, I have grave res- equity upon our return in September. create incentives to encourage more ervations over the inequities contained Mr. OBAMA. Mr. President, this is workers to save for their retirement. in the airline relief portion of the bill. not a perfect bill. No 900-page bill could We are not here to pick winners and be. But it will push companies to stay Unfortunately, the bill is not fair to losers in certain industries, yet the dif- true to the promises of retirement se- all airlines. The bill gives advantages ferential treatment contained in this curity that they have made to their for some carriers at the expense of oth- legislation would offer one company an employees. We have seen too many ers—especially disadvantaging those in unfair advantage over another. Last people hurt at companies that have New Jersey. As a result of this bill, year’s Senate-passed bill contained eq- gone through bankruptcy and dumped some airlines will have to contribute uitable relief for all, which is the cor- their pensions on the PBGC. We have hundreds of millions of dollars more to rect approach, and I am appreciative of also seen companies like Enron that their pensions than others. That isn’t the work the Senate Finance and the misled their workers into putting all fair, and it doesn’t create a level com- Health, Labor, Education and Pensions their retirement savings into employer petitive playing field. Committees put into that effort. This stock. This bill takes steps to reduce The Senate agreed that this isn’t House-passed bill takes a different ap- the incentives and capacity for firms to fair, and that is why the Senate’s proach and deals a better hand to some take either of those courses of action. version of airline relief treated all air- at the expense of others. But as I said, the bill is not perfect. lines equally. If the House Republican It is not my intention to delay or Among the areas that could have used conferees had not hijacked this con- hold up the bill because of this provi- additional work is the disparate treat- ference, I believe we wouldn’t be in this sion, but I am seeking assurances for ment among competitors contained in position. But we have been put in a the 13,475 American Airlines workers the airline relief portion of the bill. very difficult place. We are forced to and retirees in Florida who are count- The Senate-passed bill contained choose between stopping this bill and ing on us to make changes, in whatever comparable relief for all airlines in an endangering pensions for hundreds of way possible, that will put them on effort to keep from distorting the mar- thousands of workers and accepting an equal footing. ketplace against or in favor of any one outcome that is blatantly unfair. Mr. DURBIN. Mr. President, al- or two airlines. That was the correct I hope and expect that when this bill though I will support final passage of approach. The House-passed bill treats passes, we will be able to work to- the long-awaited pension bill that aims different airlines differently and will gether to fix this problem at the first to strengthen millions of workers’ pen- distort the market in a way that is un- opportunity. sions, including those for airline work- necessary and unfair to the 10,000 ers, I want to express my concerns re- American Airlines workers and retirees Mr. MENENDEZ. Mr. President, as garding one provision in particular. in Illinois. Both as a matter of retire- we consider critical pension reform to Similar to the Senate pension bill ment policy and aviation policy, this help secure the retirement benefits of passed in October, this measure con- bill should not favor one airline over millions of our Nation’s workers, I tains language that would provide fi- another, and I join my colleagues who want first to commend my colleagues nancially troubled airlines more time are calling for parity or near parity in for all the hard work they have put to pay out their pension obligations treatment. into this bill and their efforts to and preserve their employees’ pension Mr. REID. Mr. President, I am glad strengthen our Nation’s pension sys- plans. However, while the Senate- that we are finally getting to the point tem. This bill will help ensure that passed language was carefully crafted where we can finish this very impor- companies can continue to provide pen- in such a way so as to not pick winners tant pension reform legislation. It con- sions over the long term, it will protect and losers between those airlines in tains a number of measures that will the benefits of current beneficiaries, bankruptcy that are freezing their de- improve the retirement security for and it strengthens plans so that bene- fined benefit plans and those who have millions of Americans. fits will be there for workers for years not entered bankruptcy and are intent One of the things that this bill does to come. on keeping their defined benefit plans, is provide targeted funding relief to the And while I welcome this bipartisan the House-passed language that we are airline industry—an industry that was bill and all that it will do to benefit soon to consider does pick winners and devastated by the events of September the retirement security of workers, I losers. The House measure gives those 11. In crafting the airline relief in the would like to express my strong con- airlines that want to keep their defined Senate bill, the managers struck the cern over the differential treatment of benefit plans a much more unattrac- appropriate balance, being careful not airlines in this bill. In allocating that tive interest rate than those airlines to favor one group of companies over relief, not all airlines are treated fair- that freeze their plans. It is simply not another. That balance is not reflected ly, and therefore not on a level playing fair to penalize those airlines that in the airline relief proposal that the field. Some, such as Continental which want to keep their pension plans. House inserted into this bill at the last has a significant economic and em- It distresses me that those airlines minute. Ironically, those airlines, like ployee presence in New Jersey, are not that choose to keep their defined ben- American, that want to keep their pen- given the same benefits and flexibility efit plans will be punished and forced sion plans for their workers get a much to make up the underfunding of their to compete on an uneven playing field. less favorable interest rate and a short- pension plans. What especially con- In June, concerned with the pensions of er amortization period. As a result, cerns me is that Continental went to over 10,000 American Airlines’ employ- those airlines that have done the right great lengths to keep it from becoming ees in my State and thousands of oth- thing for their workers are penalized financially unstable and to protect ers across the Nation, I joined with relative to those airlines that have benefits for its employees, including Senator OBAMA and my fellow Senators opted to freeze their pension plans. voluntary wage reductions and freezing from Oklahoma and Florida in sending That makes absolutely no sense. one of its pension plans. And despite a letter to the pension conferees re- While I agree with my colleagues those actions, because of the unequal minding them of the importance of that the pension reform bill should treatment in this bill, the airline is at providing airline relief and treating all move forward this evening, I also a competitive disadvantage, and over

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8758 CONGRESSIONAL RECORD — SENATE August 3, 2006 10,000 workers in my state could be ad- cent. These two companies must use Texas airlines have neither frozen their versely affected. the corporate bond yield, which is now pension plans nor filed for bankruptcy. As this legislation has been under ne- about 6.2 percent. As Senator VOINOVICH stated, the air- gotiation for months and there is an Translated into dollars-and competi- line industry operates on thin profit urgency to pass a final bill, I do not tive advantage—the difference between margins and disadvantaging two profit- want to hold up the pension bill from 8.85 percent and 6.2 percent means that able airlines has ramifications not only final passage. I do hope, however, that the annual payment of American and for the airline industry, but also for we can secure the support of our lead- Continental could be hundreds of mil- consumers and airline employees. I be- ership and work with our colleagues to lions of dollars more than the payment lieve it is crucial that Congress revisits come to an agreement that would pro- due from Delta and Northwest, quickly this issue and provides more equitable vide more equitable treatment for Con- mounting into the billions. I say to the relief for all airlines and not just a few. tinental Airlines and its employees. majority leader that that is an in- Retirement security is a pressing issue equity that must be removed. I am not Mr. INHOFE. I, too, want to echo the for many workers affected by this bill, arguing that the percentage used for comments of my colleagues. I share including employees at Continental. Delta and Northwest be reduced or their concern in regard to the issue Therefore, I urge my colleagues to changed in any way. But I am arguing that they have raised. work with us in addressing this issue that the disparity between 8.85 percent Mr. FRIST. I appreciate the com- when we return in September. and 6.2 percent is far too great and pro- ments of my colleagues. This pension Mr. HARKIN. Mr. President, I do not vides an unjust competitive advantage bill—while not technically a con- believe that the pension bill should for Delta and Northwest. Is the leader ference report—essentially represents treat different, very competitive com- able to provide any insight on his view the bipartisan and bicameral agree- panies within the airline industry in of when and how the Senate would ment reached by House and Senate the very disparate manner that it does. have an opportunity to address this pension conferees after many months This was an unresolved issue in the issue? of negotiation. I am aware of the Sen- pension conference when the House Mr. VOINOVICH. I certainly endorse ators’ concern about the interest rate leaders decided not to complete the ne- the comments of the Senator from issue; I have had other Senators ap- gotiations and instead sent us the Texas. The airline industry is very proach me as well. measure before us. While I understand competitive with thin profit margins. Although we are not in a position to that an amendment tonight is not The costs of labor and benefits are two amend the bill before us, I can promise going to happen, I do believe that the of the few variables that affect a com- the Senators that I will continue to Senate move to and insist that this pany’s bottom line. The bill that came work with them on this issue after we wrong be fixed. over to the Senate from the House, and return from the August recess. Until AIRLINE PENSION REFORM which we are unable to amend today, the Senate has had an opportunity to Mrs. HUTCHINSON. Mr. President, I puts several of the airlines at a severe more fully examine the issues involved rise to engage the majority leader in competitive disadvantage because it in this complex matter, we should con- colloquy related to H.R. 4, the Pension does not apply the same rules to each sider it an issue that requires further Protection Act. Senator TALENT has airline’s pension fund. Recognizing the discussion. As such, I think this issue asked that I state for the information importance of the other reform meas- needs to be reviewed further this year of our colleagues that he shares my ures in this legislation, I understand to assure an equitable result, recog- concern in regard to the issue I am the need to pass it and send it to the raising. President for his signature. But before nizing of course that the House would I support the efforts being made to we do that, I would like to hear from have to agree to any changes we might reform and update our Nation’s out- the majority leader if he believes that propose. dated pension laws and to protect the he will be in a position before the year Mrs. HUTCHISON. I thank the leader taxpayers by reducing the threat of in- ends to revisit this question and help for his comments and his offer of as- solvency on the part of the Pension us reach a more equitable resolution. sistance. I am told that the House ma- Benefit Guaranty Corporation. But Mr. DEWINE. I want to echo the com- jority leadership is aware of this mat- there is a section in the bill that is not ments of my colleagues. As the chair- ter and has given a commitment to equitable; it favors two airline compa- man of the HELP Subcommittee on Re- work with interested colleagues to nies over two others; and that must be tirement Security and Aging, I have reach a resolution that assures no bias remedied. been working on pension reform legis- on the part of Congress toward any of The bill affects the pension plans of lation for the last year and a half. I be- the four airlines involved in this issue. four competing airline companies— lieve it is essential that the Senate Mr. FEINGOLD. Mr. President, I will American, Continental, Delta and pass legislation this week that will vote against the Pension Protection Northwest. Two of these companies, strengthen defined benefit and multi- Delta and Northwest, are currently op- employer plans and that will encourage Act. While there are many constructive erating in bankruptcy; American and retirement savings by making the re- provisions in the bill, the package is Continental are not. When the Senate tirement provisions of EGTTRA perma- deeply flawed in at least two respects. passed its version of the pension reform nent. And while I view this bill as an First, it will add to our already mas- bill these four companies were treated improvement over the bill the Senate sive government debt. Thanks in large equally. Our bill did not favor one over passed last fall, with the elimination of part to the expensive tax provisions the other nor include provisions that the provision that used credit rating to that were added, the legislation will would tilt the competitive playing field determine at-risk funding status, I be- add another $66 billion over the next 10 to the advantage of one or more of the lieve that this bill’s airline relief provi- years to the already massive debt with companies. sions are greatly inferior to those of which we are burdening our children But the legislation that has been the Senate-passed bill. As my col- and grandchildren. To add insult to sent to us by the House of Representa- leagues who spoke before me made that injury, most of that cost stems tives unfortunately contains that type clear, this is unacceptable and will from savings incentive provisions that of unfair provision. The House bill al- need to be fixed when we return from overwhelmingly benefit those who lows Delta and Northwest to use an in- the August recess. least need it. The provisions that raise terest rate of 8.85 percent to calculate Mr. CORNYN. I join my colleagues the contribution limits on tax-pre- returns from pension assets and deter- from Ohio and the senior Senator from ferred savings accounts benefit only 1 mine the amount of money that the Texas in their comments regarding in 16 households, and only 1 in 100 companies must contribute each year H.R. 4, the Pension Protection Act. households with incomes under $50,000. to their pension plans to make up for While providing the airline industry If we want to encourage more savings, unfunded liabilities. But the interest with relief, this bill does so unevenly and we should, there are far better rate allowed to be used by American and undercuts the ability of Conti- ways to do it. and Continental is not 8.85 percent. It nental Airlines and American Airlines The second matter that raises signifi- is not 8 percent. It is not even 7 per- to compete in a global economy. These cant concerns is the so-called red zone

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2006 CONGRESSIONAL RECORD — SENATE S8759 provision which permits pension plans had multiple chairmen involved in ENZI, for being able to bring everyone to cut the vested pension benefits of both the House and the Senate. It was together in the end. I want to thank workers. Allowing a worker’s vested an important enough issue for Amer- my colleague and fellow conferee, benefits to be cut is unprecedented and ican workers, American taxpayers, and Chairman GRASSLEY, for his persist- grossly unfair. If workers are told that the American economy that leadership ence. they may take early retirement at a from both the House and the Senate Our pension system was broken. Crit- certain level of earned pension, that were involved in the negotiations. Not ics might complain that nothing gets promise should not be broken. But only Republicans and Democrats, but done in Washington, but our pension under this bill, the financial future on even the House and the Senate, did not system is busted, and tonight, through which some families were planning can see eye to eye on all of the issues. And tough bipartisan and bicameral work, now come crashing down on them. Re- our decisions would impact the busi- we went a long way towards fixing it. tirement benefits which were promised ness plans of some of our country’s It is late in an election year, and it to them and on which they were rely- greatest corporations, the future of the says a good deal about our country ing may now be taken away. And make defined benefit pension system, and the that we could put our differences aside no mistake; if Congress permits earned future retirement of American work- and tackle this important issue. benefits to be taken, they will be ers. taken. But we did it. The final result of all The lives of American retirees, and There is a clear need for pension re- these negotiations is a good bill. the health of American industry, will form, and many of the provisions in In short, we are going to require be better as a result. this bill make sense. But I cannot vote companies to fund 100 percent of their Mr. AKAKA. Mr. President, today I for a measure that is so irresponsible pension liabilities. This makes sense. will vote not against pension reform for the fiscal future of our Nation and Under current law, they are only re- but against the unfair tactics being the personal economies of thousands of quired to fund 90 percent of their liabil- used by the majority leadership in Con- workers who will soon retire. ities. I think that it makes sense to gress. As a representative of my State Mr. HATCH. Mr. President, the Pen- most Americans that if you make a of Hawaii, I must ensure that the sion Protection Act of 2006 has been a promise, you should keep that promise, voices of the people of Hawaii are heard long time coming. In the Senate, the and companies should be funding the and that their rights are not infringed Health, Education, Labor, and Pen- plans that they have promised to their upon or forgotten. This is an important sions Committee and the Finance Com- employees. distinction to make at this time be- mittee reported pension legislation At the same time, we recognize that cause the vote that I cast today is in last year. The full Senate passed pen- these new obligations could prove a support of the rights of every member sion legislation in November of 2005, hardship for many. So we have allowed in Congress and the people they rep- The House passed pension legislation in companies with underfunded plans 7 resent. December of 2005. years to make up their pension short- It is my understanding that the We had to reconcile those bills, which falls. And for the financially struggling House and Senate conferees were close was no small achievement, and then we airlines, the opportunity to make up to an agreement on the conference re- had to consider the real concerns that for their pension underfunding will be port to H.R. 2830, the Pension Protec- some of our colleagues had about the extended from ten to seventeen years. tion Act of 2005, but without notifica- impact of this bill in their States. But And we are going to severely curtail tion, the House leadership introduced we got it done. the practice of promising new benefits H.R. 4. While this measure does include We had our differences, but ulti- for tomorrow when you cannot even many of the decisions made by the con- mately we agreed more than we dis- keep the promises you have already ferees, and is in some cases an improve- agreed. We understood the fundamental made. Employers with pension plans ment from the measures passed by the problem and sought to solve it through less than 80 percent funded will not be House and Senate, I must vehemently genuine bipartisan negotiations. We able to promise future additional bene- object to the process that the House saw that our defined benefit pension fits unless the earlier benefits are paid leadership used. In looking to our fu- system was in dire straits. Too many for. ture, I must ensure that the process we companies had severely underfunded We shore up the multi-employer follow in the Congress does not negate pension plans. Companies had made plans, which have unique funding prob- the voices of the minority. promises to their employees, promises lems. When the House leadership intro- We provide legal clarity to hybrid that those employees were depending duced H.R. 4 and then called for a vote ‘‘cash balance’’ plans that have ele- on for their retirement. But the compa- on the measure, they sent a loud and ments of both defined benefit and de- nies were falling short on those prom- clear message on how future measures fined contribution plans. ises. may be considered by Congress. Sup- This was not good for the bottom- Firms that administer 401(k) plans porting such a process would allow the line of the Pension Benefit Guaranty for their employers will be able to pro- majority to believe that they do not Corporation, PBGC, which is now, as vide investment advice to employees, have to listen to anyone’s concern. the result of several high profile bank- so long as that advice is based on an Rather than negotiating on legislation ruptcies, running at a considerable def- independently certified and audited with all the conferees in order to ami- icit. This was not good for employees, computer model. cably resolve any differences, we find who in the event of plan termination And to encourage personal saving for ourselves looking from the outside in. would receive dimes on the dollar for retirement, this bill will allow compa- This is no way in which to ensure that their pension plans. And ultimately, it nies to automatically enroll workers in the ideals and beliefs for all will be was not good for the American people, 401(k) plans. given the due process of consideration who might have been stuck holding the This bill makes several tax incen- that everyone deserves. bag if the PBGC was unable to meet its tives that encourage retirement sav- obligations. ings permanent. Most importantly, For these reasons, I am voting We had to act to fix this. We had to Americans can remain confident that against H.R. 4, again, not because I am ensure that companies were putting they will be able to rely on the in- against pension reform and ensuring their money where their mouths were. creased 401(k) and IRA contribution that working men and women retain If they made pension promises, they limits established in 2001 and scheduled their benefits and pensions, but against had to keep them, They had to fund to expire in 2010. the majority leadership’s efforts to their plans. This is not a perfect bill. But it is a nullify our voices. I believe that the And this bill requires them to do just real achievement. conferees to H.R. 2830 were close to an that. Not only our pension system, but our agreement and should have been al- It was not easy. entire retirement system, will be bet- lowed to complete action to develop a The conference committee assembled ter off as a result of it. true compromise piece of legislation. to reconcile House and Senate dif- And I want to congratulate my col- Mr. CHAMBLISS. Mr. President, I ferences was incredibly unwieldy. We league and fellow conferee, Chairman rise today in support of the Pension

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8760 CONGRESSIONAL RECORD — SENATE August 3, 2006 Protection Act. This has been a long vidual workers and generally do not that reforms are designed to encourage process, but I am glad we were able to guarantee retirement income for life. the recovery and strengthening, rather produce a bill that provides retirement We must ensure that traditional pen- than the termination, of underfunded security to millions of Americans sions remain a viable option for compa- and vulnerable pension plans. while at the same time protects the nies and at the same time ensure that Striking this delicate balance is not taxpayers. These reforms provide tough companies keep their promises and do easy. I am pleased that two misguided rules to ensure that employers will not dump their plans on the Govern- provisions from the Senate bill were keep their pension promises. ment at taxpayer expense. dropped in the conference negotiations I would like to thank my colleague This compromise strikes the right that are reflected in this bill. The first from Georgia, Senator ISAKSON, for all balance of requiring companies to con- of those two provisions would have re- his hard work throughout this process. tribute enough to their pension plans, quired companies with solid pension I appreciate it, and I know the folks without discouraging them from main- plans but who also had poor credit rat- back in Georgia appreciate it. taining their plans. The bill enacts the ings to use actuarial assumptions that Many companies and their employees commonsense requirement that compa- require them to put away unneces- in my home State of Georgia support nies must fully fund their plans, so this legislation and will benefit from that they can keep their promises to sarily high amounts of money into its provisions. For example, Kroger has the 34 million workers and retirees who their pension trusts. I am glad that grocery stores all over Georgia and em- rely on their hard-earned benefits. It this bill uses a more direct measure of ploys 18,000 folks across the State, who allows companies to put in more a pension plan’s financial health to de- are depending on their pensions when money when times are good. It also termine whether additional money they retire. General Motors also has a provides relief to Delta and Northwest, needs to be put into the plan. large presence in Georgia with almost who have said that they will be forced The second provision of concern dealt 14,000 retirees and 3,500 employees, to dump their plans if Congress does with an actuarial method known as many of whom are covered by a defined not enact this bill soon. ‘‘smoothing.’’ Under current law, the benefit pension plan. The United Parcel Aside from reforming traditional amount of money companies are re- Service, UPS, is headquartered in At- pensions, the bill also includes impor- quired to put into their pension plans lanta, GA, and over 127,000 of its em- tant provisions to boost retirement is determined by using a four-year ployees participate in multiemployer savings. Most importantly, it improves weighted average of the values of pen- pension plans. and makes permanent the saver’s cred- sion assets and/or liabilities. The Sen- The airline industry in particular has it, which helps low- and moderate-in- ate bill would have shortened smooth- taken some economic hits over the come workers save. It encourages com- ing to 12 months, which would have years, and I am pleased that Congress panies to automatically enroll workers added significant volatility for compa- was able to provide critical provisions in 401(k) plans and makes pensions nies when they are determining how for the airlines, ensuring that they will more portable. And it provides protec- much money they need to set aside for get the time they need to fulfill their tions to workers in the wake of the the pension plans. The bill before us pension obligations. Enron accounting scandal. today changes smoothing to a 2-year Delta Airlines is headquartered in While this bill is not perfect, I be- time period. I would have preferred the Georgia, and has a longstanding his- lieve that it will go a long way toward 3-year average proposed in the original tory of service to passengers through- improving the retirement security of House bill, but the 2 years in today’s out the world and has been an exem- all Americans, and I therefore support bill is an obvious improvement over plary corporate citizen. Like many its enactment. the Senate’s original 1 year. other hard-working Americans, Delta’s Mr. LEVIN. Mr. President, last No- some 91,000 employees and retirees vember I cast one of only two votes Based on my concerns with these have devoted years of work and time to against the Senate’s version of pension credit rating and smoothing provisions, their employer. reform. One of my primary concerns Senator VOINOVICH and I wrote a letter While our airlines are in a unique sit- with that bill was that companies try- to the House-Senate pension bill con- uation, many of them like Delta main- ing to do right by their workers would ference committee members, urging tain a strong commitment to keep the be unfairly penalized. I was concerned them to consider the potentially ad- pension promises they made to their that on balance, that bill did more to verse impact these provisions could employees and retirees. drive companies away from offering have on companies that offer defined I would like to close by reiterating guaranteed benefit pension plans than benefit pension plans and the employ- why we are here today: American it did to strengthen the system. But ees and retirees who are counting on workers deserve to know their pensions the bill before us today is much im- the stable pensions they have been will be there when they retire. With proved, and I will support it. promised. I was pleased that one-third the passage of this conference report, Let me state upfront that it is of the Senate joined us in signing this we can ease the fears of millions of em- through a highly unusual maneuver letter, and I appreciate the conferees ployees and retirees by taking the that we are taking up this issue in the addressing our concerns. steps necessary to help ensure that form of a new bill sent over from the I am also pleased that this bill, like pension promises will be kept and em- House last week rather than as a final the Senate bill, will give airlines extra ployers, not the taxpayers, will be held House-Senate conference report. As time to fund their pension obligations. accountable. part of their ongoing efforts to ram I am told that this action means that Mr. KOHL. Mr. President, I rise in through a reckless near-repeal of the Northwest and Delta will keep their support of H.R. 4, the Pension Protec- estate tax, House Republicans hi- plans when they emerge from bank- tion Act. This bill is not a conference jacked the pension conference process ruptcy, rather than turning their obli- report, and I am troubled by the way to remove a package of widely sup- gations over to the Government’s pen- that the House circumvented the proc- ported tax breaks so they could be sion insurer, the Pension Benefit Guar- ess and endangered swift enactment of paired up with their estate tax pro- anty Corporation, PBGC. Passing the this important legislation. However, posal in another bill. The abuse of airline provision is a win-win. The the bill that will soon be before the process involved in that maneuver is companies should now not dump their Senate does reflect the carefully nego- serious. plans on the Government, and the air- tiated agreement of the conferees and But regardless of political games, de- lines’ employees and retirees will get enjoys broad bipartisan support. fined-benefit pensions are facing a cri- to keep their full earned pensions. Our goal is to strengthen traditional sis today and reforms are needed to pensions, which have been an impor- make sure that retirees receive the I am pleased this bill includes four tant source of retirement income for benefits they were promised. We need tariff-related bills I authored that will hard-working Americans. Unfortu- to make sure that companies are re- help Michigan companies become more nately, these pensions have been on the quired to adequately back up the prom- competitive. decline, as companies replace them ises they have made to their workers. I am also pleased that the bill en- with 401(k)s that shift risk to indi- At the same time, we should make sure courages companies to use automatic

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2006 CONGRESSIONAL RECORD — SENATE S8761 enrollment and automatic increase in than ever. Twenty years ago, most of their assets, and explain their right 401(k) pension plans to ensure that workers with a pension plan could ex- to and the importance to diversify workers save more. pect to receive a defined benefit based their investments. The companies In addition, this bill includes long- on years of service and salary. Today, would also be required to give their overdue reforms to multiemployer pen- defined contribution plans—which shift employees a range of options for in- sion plan law. These reforms will allow most of the investment risk and re- vesting their 401(k) plans rather than multiemployer pension plans to ad- sponsibility onto workers—have be- just the in company stock and allow dress any short-term funding crises as come the dominant form of pension workers to sell the stock after three well as add new flexibility to advance coverage. years. fund and guard against a future crisis. Despite the shift away from tradi- A few of the other notable features of Unfortunately, the bill also takes the tional pensions, defined benefit plans this bill are provisions that encourage unwise step of allowing underfunded remain a critical source of retirement low- and moderate-income workers to multi-employer pension plans to cut support, with 44 million workers and save for retirement by extending the benefits that workers have already retirees relying on such plans as a ‘‘saver’s credit,’’ and requiring auto- earned. While I understand that shared source of stable retirement income. sacrifice may be necessary in some in- However, as we have seen with recent matic enrollment in defined contribu- stances, taking away earned benefits is pension terminations in the airline in- tion pensions such as 401(k) plans. unfair, and I hope this does not set a dustry, the real risk of defined benefit The saver’s credit provides a perma- precedent for future pension laws. plan defaults further exacerbates work- nent non-refundable tax credit to tax- I am also disappointed that this bill ers’ uncertainty and concern about payers with incomes below certain lim- does nothing to pay for making perma- their retirement prospects. its if they make contributions to an nent provisions enacted in the 2001 tax This bill tackles the growing problem IRA or an employer-sponsored plan. law to expand tax-preferred retirement of employers not setting aside enough Early evidence indicates that the sav- and education savings accounts. The money to cover their pension obliga- er’s credit has increased participation conference agreement makes these tax tions. The Pension Benefit Guarantee rates in retirement plans. The effects cuts permanent without offsetting Corporation, PBGC, estimates that of the credit are limited, however, by their cost. According to Joint Com- total underfunding in PBGC-insured its nonrefundability, the sharp phase- mittee on Taxation estimates, making pension plans is about $450 billion, down of the credit rate for moderate- these tax cuts permanent would cost more than $100 billion of which is in income taxpayers, and the lack of in- $52.6 billion between 2007 and 2016. We plans sponsored by financially weak dexing of the income limits. This bill are deep in a deficit ditch and already companies that are at reasonable risk would address one of the current prob- each American citizen’s share of the of default. lems with the credit by indexing the debt is almost $29,000. Instead of just However, the PBGC, which is the income thresholds starting in 2007. adding to our deep fiscal troubles, we backstop to the defined benefit pension The Pension Protection Act would should be closing down abusive tax system, has funding issues of its own encourage companies to use automatic shelters and offshore tax havens and due to increased defaults by employers. enrollment. Under automatic enroll- coming up with other ways to pay for At the end of 2005, the PBGC reported ment, companies can enroll employees any further tax cuts. a cumulative deficit of $22.8 billion in While this bill is less than perfect, on its single-employer program. While the in contributory pension plans and defer balance I will support it because of the PBGC has sufficient assets to pay ben- a specified percentage of their earnings critical need to address retirement se- efit obligations for a number of years, into an account. Employees are free to curity for millions of Americans. without changes in funding, the agency opt out of the plan if they do not wish Mr. REED. Mr. President, the Pen- will eventually run out of money. The to participate. Under current rules, sion Protection Act of 2006 would Congressional Budget Office estimates employees must make an active deci- strengthen private pension plan fund- that PBGC’s cumulative deficit will in- sion to participate in contributory ing and improve the financial position crease to $87 billion over the next 10 plans. of the Pension Benefit Guarantee Cor- years, and suggests that there is a sig- Studies show that automatic enroll- poration, PBGC. While the bill reflects nificant likelihood that all of PBGC’s ment dramatically increases participa- difficult compromises, it is important assets will be exhausted within the tion rates. The increase is particularly that we act now to preserve the finan- next 20 years. likely to benefit younger workers and cial health of defined benefit pensions. The Pension Protection Act would low-income workers, who tend to have This legislation is an important step tighten the funding rule for defined the lowest participation rates. toward protecting the pensions of benefit plans by requiring that plans One concern I have is that this legis- working Americans. Today’s workers fund 100 percent of their liabilities, up lation extends the higher contribution will live longer and work longer but from 90 percent under current law. limits on 401(k) and IRA contributions also spend more time in retirement Companies with underfunded plans enacted in 2001, which would do little than ever before, so it is vital that the would have seven years to make up any to encourage retirement saving while pension benefits promised to workers funding shortfall. Financially troubled adding over $36 billion to the budget will actually be there when they retire. airlines with underfunded plans would deficit over the next 10 years. While The crisis in private pensions is just have 17 years to become fully funded. part of the growing problem of eco- The legislation would limit the use of tax-advantaged retirement saving by nomic insecurity for many Americans. credit balances to prevent companies low- and moderate-income individuals Although the economy has been grow- with unfunded plans from avoiding is likely to represent new saving, high- ing, job growth has been modest, wages plan contributions, prohibit companies income individuals are more likely to are not keeping pace with inflation, in- with underfunded plans from increas- use expanded savings opportunities to come inequality is growing, employer- ing future benefits, and require an ac- shift existing savings from taxable ac- provided health insurance coverage is curate accounting of each plan’s true counts to tax-advantaged accounts. In falling, and private pensions are in- financial condition. Plans would also its analysis of a similar proposal in the creasingly in jeopardy. Soaring prices be required to provide more informa- President’s FY 2004 budget, CBO con- for gasoline, home heating, health tion about their current funding status cluded that expanding tax-free savings care, and college tuition is squeezing to plan participants and beneficiaries. accounts would have little effect on the take home pay of most workers. In addition, the bill contains impor- personal saving. Many workers have little left over for tant, long overdue disclosure rules to Nonetheless, the Pension Protection retirement savings after making ends protect the pension of workers, to Act makes progress toward ensuring meet for basic living expenses. avoid a situation like that of the Enron that workers will receive the retire- Meanwhile, many employers shift the workers who lost their entire life sav- ment benefits they have earned. We risk and responsibility of adequate re- ings. Under this bill, companies would must continue work to improve our tirement funds onto workers, as retire- be required to give workers quarterly pensions system to ensure that Ameri- ment prospects are more uncertain benefit statements that show the value cans who work hard their entire lives

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8762 CONGRESSIONAL RECORD — SENATE August 3, 2006 have the financial security they de- We would all like not to increase fund- time to allow 401(k) plans and 403(b) ar- serve. Part of this work will be to re- ing requirements too much for employ- rangements to automatically enroll visit some of the elements of this bill ers who cannot afford it. We would all workers unless they opt out. This as well as to encourage employers to like to see defined benefit plans con- means that the workers’ salaries will continue to offer retirement plans to tinue. That is especially true for the 44 be reduced to put savings into the re- hardworking Americans. The dilemma million Americans now receiving re- tirement plan unless the worker in- is that it took the majority 8 months tirement benefits from defined benefit structs the employer not to do this to bring this bill forward and without plans or earning benefits under them. withholding. And we let employers it, more plans and workers are jeopard- Addressing these goals required a automatically increase the amount ized. Congress must continue concerted delicate balance. The balance that we saved each year unless the worker says efforts to address the real needs of struck is one of which I am proud. It no. Many studies have found that this American workers. reflects difficult compromises by all ‘‘opt-out’’ approach significantly in- (At the request of Mr. REID, the fol- parties. There is no perfect answer creases workers’’ retirement savings. lowing statement was ordered to be here. But I think that we came as close Fifth, let me address the saver’s cred- printed in the RECORD.) as we could. it and permanence of provisions from ∑ Mr. BAUCUS. Mr. President, first, I Employers will not be able to make the Economic Growth and Tax Relief want to thank Chairman GRASSLEY, promises that they don’t fund. Employ- Reconciliation Act of 2001, which peo- Senator KENNEDY, and Chairman ENZI ers and unions will not be able to nego- ple call EGTRRA. The bill makes per- for their hard work and cooperation on tiate for benefit increases without pay- manent the EGTRRA savings provi- this bill. ing for them. Workers will have to sions affecting plans and IRAs. I I like the final product. It strikes a push for better funding if they want to worked very closely with Chairman balance between getting plans funded continue to earn benefits. GRASSLEY to get the savings provisions and not forcing employers out of the The medicine may not taste very included in EGTRRA in the first place. defined benefit pension system. It pro- good. But it is necessary to keep the And I am very happy that this bill vides certainty for cash balance plans. patient alive. makes them permanent. It makes certain that workers can di- At the same time, there are some pa- Perhaps more importantly, we made versify their investments out of em- tients that are so sick that they need the saver’s credit permanent. The sav- ployer stock. It makes changes that more than harsh-tasting medicine. er’s credit would have expired at the will help workers save for their retire- They need some understanding and a end of 2006. And for the first time, we ments. And it assures that workers and chance to recover. We are giving that indexed the saver’s credit so that work- retirees will receive clear information chance to the airlines. Maybe that way er eligibility will not shrink over time about the health of their plans and we can avoid the harm that will come because of inflation. their individual situations. to the workers and retirees—and the I don’t like for one minute, however, PBGC—if the plans terminate. Sixth, we include the tax court mod- the process that got us here. Chairman Second, let me address cash balance ernization package. This package has GRASSLEY and I worked very closely to plans. We have been struggling with passed Finance Committee three times. include tax extenders on this bill. We the difficult problems of a new form of It is designed to help bring parity be- had an agreement with the House to do defined benefit plan called a ‘‘cash bal- tween the tax court and Article III so. We were ready to sign the con- ance plan’’ for many years. Most pen- courts. And it will modernize the tax ference agreement. Instead, we had the sion experts recognize the cash balance court’s pension system. This package is rug pulled out from under us. The pen- design and other hybrid plan designs as long overdue. sion bill now comes to us without the the future of the defined benefit sys- Seventh, we include important incen- extenders. tem. And that future is in limbo until tives for charitable giving. These in- There is a reason for the conference we provide certainty as to the gov- clude measures to promote land con- process. It was a process that was erning rules. Yet there is a real con- servation. And these include a provi- working. I think that we should have cern about age discrimination and sion to encourage IRA rollovers to continued down that path. what happens to workers who get charitable organizations.’ But as I said, this is a good pension caught up in the switch from a tradi- I have been working since 2001 to bill of which we can be proud. We need tional plan to a cash balance plan. allow ranchers and farmers to claim a to pass it. This bill once again strikes a bal- special tax incentive to ensure their I will not go through all the provi- ance. It is a balance that is not likely valuable production land preserved for sions in the bill. They are too numer- to make anyone completely happy. We generations of Montanans in the fu- ous to do that. But there are some have dealt with the law going forward. ture. In fact, my first hearing as chair- points that I want to highlight. We intend no inference to what the man of the Finance Committee in 2001 First let me address single-employer rules were prior to enactment. We will was on tax incentives for land con- pension plan funding. When I spoke leave the past to the courts. servation. last November about the pension bill But in the future, employers and There are numerous other provisions that was then pending in the Senate, I workers will know the guiding prin- in this 900–plus page bill of which we asked my colleagues to remember that ciples. I expect that as a result, we will can all be proud. We have taken on a we are here to protect workers’ pension see new life in the cash balance world. very difficult and complex subject and benefits. That has been our goal from And we also make sure that workers struck the right balance. I just regret day one. And that is what this bill are protected. that we could not do it in the proper does. Third, let me address diversification. way and finished the conference. There The current system is broken. The While defined benefit plans are impor- were important provisions included in Pension Benefit Guaranty Corpora- tant, many Americans today receive the conference bill that are not in- tion—the Federal corporation that retirement benefits from their defined cluded in the pension bill before us. We guarantees defined benefit pension ben- contribution plans. What a tragedy it all know what they are and the reasons efits—has a $23 billion deficit. The ex- was in Enron and other situations they are not included. I am sorry that isting rules and temporary congres- when workers had their entire retire- the Senate process has come to such a sional fixes have created unpredictable ment wrapped up in Enron stock. They sad state. funding requirements. As a result, em- could not get out even if they wanted ployers are freezing their plans as a to. But after nearly 3 years, several preliminary to leaving the defined ben- The new law will require plans to hearings, and countless missed dead- efit system altogether. And many view allow workers to diversify. Workers lines, the Senate is about to pass a defined benefit plans as an antiquated won’t have to. It will be their choice. monumental pension bill. It will en- vehicle for delivering retirement bene- But they will have that choice. hance retirement security for millions fits. Fourth, automatic enrollment: I am of Americans. How do we fix the system? We would proud that this bill included a provi- There are many who deserve thanks all like to get the plans fully funded. sion that I have been pushing for some for this legislation. I want to thank

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2006 CONGRESSIONAL RECORD — SENATE S8763 Chairman ENZI and Senator KENNEDY and work together, you can get great This document expresses our under- from the Health, Education, Labor and things done for the American people. standing of the provisions in the bill, Pensions Committee. They provided I want to commend Chairman ENZI and it will be a useful reference in un- excellent leadership and cooperation. for his outstanding leadership and his derstanding the legislation. Chairman I want to thank their staffs, many of perseverance in leading us here today. Thomas also made a statement on the whom spent sleepless nights getting I can tell you that it wasn’t an easy floor of the House of Representatives this work done. In particular, I thank job. last Friday that he had requested this Diann Howland, David Thompson, Greg I am also very pleased to commend technical explanation. The technical Dean, Portia Wu, Holly Fechner, and the great work of my colleague and explanation will be published by the Terri Holloway. They played an impor- good friend, Senator BAUCUS, who was staff of the Joint Committee on Tax- tant role developing the retirement se- my partner in the Finance Committee ation as document number JCX–38–06, curity provisions in this bill. and all the way through conference on Technical Explanation of H.R. 4, The I also to thank my good friend Sen- this legislation. Pension Protection Act of 2006, as ator GRASSLEY, the chairman of the Fi- We worked together and our staffs passed by the House on July 28, 2006, nance Committee, for his commitment worked together. and as considered by the Senate on Au- to the retirement security of Ameri- I wish he could be here with me gust 3, 2006. cans. I want to thank some staff mem- today to see final passage of this legis- The PRESIDING OFFICER. All time bers in particular. I appreciate the co- lation, but as we all know, he is at- has expired. Under the previous order, operation we received from the Repub- tending to family matters that are far the question is on the third reading of lican staff, especially Kolan Davis, more important than anything we the bill. Mark Prater, John O’Neill, Dean Zerbe, could be doing here in the U.S. Senate. The bill was read the third time. Elizabeth Paris, Chris Javens, Cathy I also want to thank Senator KEN- Mr. KENNEDY. Mr. President, I ask Barre, Anne Freeman, Elizabeth Goff NEDY, who worked tirelessly on this for the yeas and nays. and Nick Wyatt. bill and was critical to the bipartisan The PRESIDING OFFICER. Is there a I thank the staff of the Joint Com- bill before us. sufficient second? There is a sufficient mittee on Taxation and Senate Legis- Why is this a good bill? second. The bill having been read the lative Counsel for their service, includ- I could spend all night talking about third time, the question is, Shall the ing Jim Fransen, Mark Mathiesen, all of the positive reforms in this bill, bill pass? but don’t worry—I am not going to do Stacey Kern, Mark McGunagle, Caro- The clerk will call the roll. lyn Smith, Patricia McDermott, Nicole that at 10 o’clock here tonight. The assistant legislative clerk called Flax, Roger Colinvaux, Ron Schultz But I do want to highlight a few the roll. and Gordon Clay. parts of this legislation that will make I also thank my staff for their tire- Americans more secure in their retire- Mr. DURBIN. I announce that the less effort and dedication, including ment. Senator from Montana (Mr. BAUCUS) Russ Sullivan, Pat Heck, Bill Dauster, First and foremost, this bill will en- and the Senator from Connecticut (Mr. Jon Selib, Melissa Mueller, Rebecca sure that American workers can de- LIEBERMAN) are necessarily absent. Baxter, and Ryan Abraham. I also pend on their pensions. They will know The PRESIDING OFFICER. Are there thank our dedicated fellows, Stuart that their pension will actually be any other Senators in the Chamber de- Sirkin, Tiffany Smith, Mary Baker, there for them when they retire. siring to vote? and Tom Louthan. This bill will also protect the PBGC The result was announced—yeas 93, I especially want to express my sin- from absorbing billions of dollars in nays 5, as follows: cere gratitude to Judy Miller. Her ex- pension liabilities from bankrupt air- [Rollcall Vote No. 230 Leg.] traordinary efforts and contributions lines and give those airlines’ employees YEAS—93 on this legislation went over and above an opportunity to receive the full pen- Akaka Durbin Menendez the call of duty. I hold her in the high- sion they’ve been promised. Alexander Ensign Mikulski est esteem. And I can’t thank her This bill will protect workers from Allard Enzi Murkowski the next Enron by prohibiting employ- Allen Feinstein Murray enough for her counsel and profes- Bayh Frist Nelson (FL) sionalism. ers from stuffing company stock in Bennett Graham Nelson (NE) Finally, I thank our hardworking law their 401(k) plans. Biden Grassley Obama clerks and interns: Christal Edwards, This bill will make permanent the bi- Bingaman Gregg Pryor Bond Hagel Reed Justin Kraske, Joseph Adams, Tom partisan retirement savings provisions Brownback Harkin Reid Duppong, Jonathan Lebe, Robert Lit- from the 2001 tax relief bill—increased Bunning Hatch Roberts tle, Chris Polhemus, Diana Ramos, 401(k) and IRA limits, a permanent Burns Hutchison Rockefeller low-income Savers’ Credit, greater Byrd Inhofe Salazar Tara Rose, John Schiltz, Thad Cantwell Inouye Santorum Seegmiller, Gwen Stoltz, and Matthew portability of retirement assets, and a Carper Isakson Sarbanes Wergin. wide array of other pro-savings initia- Chafee Jeffords Schumer This legislation really was a team ef- tives. Chambliss Johnson Sessions Clinton Kennedy Shelby fort. And the product will do a lot of These provisions are vital to building Cochran Kerry Smith good. I am glad that we have finally a ‘‘savers’ society,’’ and I am proud Coleman Kohl Snowe reached the day where we can look for- that these provisions originated in the Collins Kyl Specter Senate Finance Committee and were Conrad Landrieu Stabenow ward to it soon becoming law. Craig Lautenberg Stevens A fair and good explanation of the included in the 2001 tax bill at the in- Crapo Leahy Sununu bill can be found in The Technical Ex- sistence of myself and Senator BAUCUS. Dayton Levin Talent planation of HR 4 prepared by the This bill will also encourage greater DeMint Lincoln Thomas ∑ DeWine Lott Thune Joint Committee on Taxation. participation in retirement plans by Dodd Lugar Vitter Mr. GRASSLEY. Mr. President, I rise promoting automatic enrollment ar- Dole Martinez Voinovich today in support of the Pension 7 Pro- rangements. Domenici McCain Warner tection Act of 2006. These are just a few of the key re- Dorgan McConnell Wyden Every Member of the U.S. Senate forms in this bill. This is legislation NAYS—5 should be proud to support this bill. that every Member of the Senate can Boxer Coburn Feingold This is a bill that is about one truly be proud to support. Burr Cornyn thing—improving the retirement secu- I look forward to seeing the Presi- NOT VOTING—2 rity of all Americans. dent sign it into law. Baucus Lieberman It been a long road to get here. I would like to incorporate by ref- There were times, I will tell you, erence a technical explanation being The bill (H.R. 4) was passed. when I wondered if we would ever get prepared by the staff of the Joint Com- The PRESIDING OFFICER. The Sen- here. mittee on Taxation that describes the ator from Wyoming. But the fact that we are here today legislative intent with respect to H.R. Mr. ENZI. Mr. President, I wish to shows that when people stick to a goal 4, the Pension Protection Act of 2006. take a moment and do special thanks

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8764 CONGRESSIONAL RECORD — SENATE August 3, 2006 on the bill that was just passed. I con- enacted. She had extraordinary efforts I especially commend Mark Prater gratulate everybody who has worked with the committee and then the con- for his leadership over the last week on the bill. It is going to make a dif- ference committee and was able to pull helping us to maneuver through trou- ference for at least 145 million people people together to get an agreement. A bled waters. He really knows the tax in the United States. It is a very im- lot of times, it meant not a com- issues and knows the interplay between portant bill, and it has been a long promise but finding a whole different the moving parts in that whole area road with a lot of twists and a lot of way of doing it and engaging people and was a tremendous help. and doing some research to find those difficulties. They all got ironed out I would also like to thank the non- other ways and even relying on some with a very convincing vote. partisan legislative counsels and the other committees to lend their exper- I appreciate all the people who par- staff from the Joint Committee on ticipated in this effort and were able to tise to do it. We made it through. Greg Dean, our general counsel, Taxation for their very long hours and lend their expertise, their knowledge, professionalism. They had to be in with their background, and put together played a central role in the investment advice and prohibited transactions bill all of the different times as all of these something that will solve the pension meetings were going on. Every person difficulties for this country. language. That is a very specialized part. He helped me on the Banking with a pension should join me in I particularly thank Senator KEN- thanking Jim Fransen, Stacy Kern, NEDY, who is the ranking member on Committee when I was subcommittee chairman there and then moved to this Carolyn Smith, Patricia McDermott, my committee. He worked with me and Nikole Flax. through the drafting in committee, committee. He expertly managed dis- getting it through committee, then cussions throughout the process, and Finally, I thank my chief of staff, merging it with the Finance Com- he brought various players together Flip McConnaughey. He did an excel- mittee, then getting it through the time and again to move the bill for- lent job holding the office together and ward. It is a very technical area, and it Senate as a whole, and then serving on keeping a focus on Wyoming’s specific takes someone with that kind of tech- the conference committee to get it all issues when the pension conference nical expertise to do it. kicked into full gear. ironed out. He has been delightful to I thank Ilyse Schuman, my chief work with on this issue and other counsel for the committee. She was So I appreciate everybody’s support issues that deal with health, education, able to pull together all the legal of this legislation. I hope I haven’t left labor, as well as the pension bill. issues and was able to talk on that anybody out. There have been so many I thank Senators GRASSLEY and BAU- level with all of the other Senators and people who have been involved in this, CUS for their extremely hard work. Members of the House to pull this off. as I said, for just countless hours. It They brought the finance piece, the tax I thank Diann Howland, who is my has been an incredible commitment of part together. They are experts in that pension policy director, who bravely time and effort and knowledge, and I area. They work together extremely agreed to come back to the Hill and really appreciate that because without well and extremely hard. Without their take on her third major pension re- the kind of teamwork that we had on participation, this bill would not have form. In light of this, she brought a this, we would not have had the kind of been possible. fresh perspective to the complex issues approval we have. I appreciate everybody’s commit- every day and has to be commended for I thank the Chair, and I yield the ment to the private pension system leadership in getting this bill done. She floor. and their willingness to strive for solu- probably knows more about pensions Mr. SANTORUM. Mr. President. tions, not just to look at issues, and to than anybody I have ever met and has make the tough decisions we had to been a valuable resource, knowing the Mr. FRIST. Mr. President, if I could make. history as well as being able to move have one minute. I also thank Senators DEWINE and forward on a new bill and get some The PRESIDING OFFICER. The ma- MIKULSKI, again. They started the things done that are different from jority leader is recognized. hearings on this bill before we ever got what has been done before but things Mr. FRIST. I just wanted to thank to the bill part, the drafting. They that have preserved pensions for peo- have worked together well on the aging Chairman ENZI for his tremendous ple. leadership. So many people have been issues of this country for a long time. David Thompson brought a superb thanked over the course of the night, They know them backward and for- understanding of the intricate and and it has been a very productive 4 ward. complex legislation issues to the table As the bill went through the process, and has a unique ability to explain weeks. But if you look at the com- they made sure that specific instances these difficult issues in relatively few mittee chairman, he has probably been they were aware of were known, the de- words and also explain some of the the busiest just overseeing the greatest tails were known, and we could con- charts that went along with them. number of bills, and then on top of sider ways to solve those as part of an Again, I want to thank Amy Angelier that, having a very challenging con- entire package as opposed to piece- who works as my budget staffer and ference, as we have all seen. It started meal. They were extremely cooperative approps staffer and policy adviser. She with pensions, and for a period devel- in working on it. knows the intricacies of how the budg- oped into about three or four other Through the final days of the con- et and the appropriations and the pol- issues. I just wanted to thank him for ference committee, they were engaged icy all have to fit together, whether it his work, his tremendous work, his in asking questions and making a dif- is pensions or whether it is banking or dedication, his passion, his independent ference for this bill. I can’t say enough whether it is the rest of the issues we but dedicated thinking where he lis- about Senators DEWINE and MIKULSKI cover under Health, Education, Labor tened to everybody and to his staff who and their extraordinary work. and Pensions. She was on top of each have been tremendous on this par- But there are many people who and every aspect of the budget aspects ticular bill, a very difficult bill, the worked behind the scenes to get this of this bill and helped guide it to suc- pensions bill. bill completed. I thank all of my staff cess. So on behalf of all of us, we thank for their diligence, commitment, exper- Now, my staff didn’t do this alone. Chairman ENZI. tise, and hard work. Since March, My staff worked closely with the staffs Mr. ENZI. I thank the Senator. many of them have not had a weekend of my other Senate conferees, and off. They have spent 12, 16, 18 hours a those individuals deserve thanks. They Mr. GRASSLEY. Mr. President, after day working this bill. That is a huge are Michael Myers, Portia Wu, and great effort by many people, the Sen- commitment. I am sure a weight has Holly Fechner of Senator KENNEDY’s ate has voted to agree to H.R. 4, the been lifted from their backs. Without HELP Committee staff; Kolan Davis, Pension Protection Act of 2006. their expertise, we would not have been Mark Prater, John O’Neill, Judy Mil- Credit must go to the dedicated able to do it. ler, Stu Sirkin, Russ Sullivan, Pat members of my staff, who spent many First off I would like to thank my Heck, on the staff of the Finance Com- hours over many months working on staff director, Katherine McGuire. mittee for Senators GRASSLEY and the issues that ultimately led to this Without her, this bill never would be BAUCUS. bill. Kolan Davis, Mark Prater, John

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2006 CONGRESSIONAL RECORD — SENATE S8765 O’Neill, Dean Zerbe, Elizabeth Paris, kins, Jen Vesey, Amy Barber, Steve amount of time and energy in bringing Chris Javens, Cathy Barre, Anne Free- Bailey, and James Dennis. all of these disparate groups in the au- man, Elizabeth Goff, and Nick Wyatt I also want to mention Thomas tism community across the country to- showed great dedication to the tasks Barthold, the acting Chief of Staff of gether to work toward a common goal, before them. the Joint Committee on Taxation and and that is to authorize an autism co- As is usually the case, the coopera- his staff. The efforts of Carolyn Smith, ordinator, authorize work and research tion of Senator BAUCUS and his staff Patricia McDermott, and Nicole Flax to be done at NIH that looks into all of was extremely valuable. I particularly were invaluable. Roger Colinvaux the issues regarding autism, including want to thank Russ Sullivan, Patrick [CallIn-Vo], Gordon Clay, and Ron the causes of autism, how to best Heck, Bill Dauster, Judy Miller, Stuart Schultz provided great assistance with screen for autism, how to best diagnose Sirkin, Jon Selib, Melissa Mueller, Re- the charitable provisions that are in autism, and how to best treat autism. becca Baxter and Ryan Abraham. the bill. I also want to thank Theresa It is one of the few disorders that I I want to show my appreciation to- Pattara, who worked on my staff as a am aware of that is so prevalent in wards HELP Committee Chairman legislative fellow, for her work on the America, and we have very few good ENZI’s staff, including Katherine charitable provisions. answers on any one of those issues. It McGuire, Greg Dean, Diann Howland Finally, I want to show my apprecia- creates enormous amounts of frustra- and David Thompson. I want to thank tion to the staff of Senate Legislative tion for parents and relatives and Portia Wu and Holly Fechner along Counsel, including Jim Fransen, Mark friends of children with autism that we with the rest of HELP Committee Mathiesen, Stacey Kern, and Mark just seem to have no answers, and we Ranking Member KENNEDY’s staff. I McGunagle. see an ever-increasing population of also want to thank the staff of Finance I yield the floor. autistic children with fewer and fewer Committee member conferees on the f answers on how to diagnose, screen, pension bill. They include Evan COMBATING AUTISM ACT OF 2005 test, and treat these young children. Liddiard, Brendan Dunn, Manny So tonight is a real landmark. It is a Mr. SANTORUM. Mr. President, I un- Rossman, Wes Coulam, Jennifer Per- step forward for a community that has derstand the paper is in the process of kins, Jen Vesey, Amy Barber, Steve been seeking someone to listen to them being delivered to the desk on S. 843, so Bailey, and James Dennis. in Washington. It has been a real honor I also want to mention Thomas while that is happening, let me just to work with Senator DODD. He has Barthold, the acting chief of staff of make some remarks about the legisla- just been terrific, including tonight, the Joint Committee on Taxation and tion. when we ran into a bump and he was his staff. The efforts of Carolyn Smith, The legislation that I am calling up able to smooth that bump. We had one Patricia McDermott, and Nicole Flax on behalf of myself and Senator DODD on our side. After lots of discussion, were invaluable. Roger Colinvaux, Gor- and the two leaders who have been out- and thanks to the leader and his work don Clay, and Ron Schultz provided standing in helping us bring this bill to here, we were able to deal with that, great assistance with the charitable the floor tonight is the Combating Au- and now we are in a situation where we provisions that are in the bill. I also tism Act. I know Senator ENZI was just can move forward and pass this impor- want to thank Theresa Pattara, who speaking, but I want to thank Senator tant piece of legislation. I believe the worked on my staff as a legislative fel- ENZI and Senator KENNEDY also and the paper work is now ready. low, for her work on the charitable pro- entire HELP Committee. If you want visions. to talk about a team effort, this has Mr. President, I ask unanimous con- Finally, I want to show my apprecia- been a tremendous team effort, start- sent that the Senate proceed to the im- tion to the staff of Senate Legislative ing initially with Senator DODD and mediate consideration of Calendar No. Counsel, including Jim Fransen, Mark myself and our staffs who have just 578, S. 843. Mathiesen, Stacey Kern, and Mark done an outstanding job. The PRESIDING OFFICER. The McGunagle. I thank particularly on my staff Jen clerk will report the bill by title. Mr. President, after great effort by Vessey, who has just put in—I won’t The assistant legislative clerk read many people, the Senate has voted to say hours of time but days of time, in as follows: agree to H.R. 4, the Pension Protection working together along with Senator A bill (S. 843) to amend the Public Health Act of 2006. DODD’s staff and then subsequently the Service Act to combat autism through re- Credit must go to the dedicated entire committee staff; in particular, search, screening, intervention and edu- members of my staff, who spent many Senators ENZI and KENNEDY’S staff, as cation. hours over many months working on well as, as we brought this to the proc- There being no objection, the Senate the issues that ultimately led to this ess, Senator FRIST and Senator REID. proceeded to consider the bill which bill. Kolan Davis, Mark Prater, John This team was committed to getting was reported from the Committee on O’Neill, Dean Zerbe, Elizabeth Paris, this bill done and passed before the Au- Health, Education, Labor and Pensions Chris Javens, Cathy Barre, Anne Free- gust break. We had many bumps along with an amendment to strike all after man, Elizabeth Goff, and Nick Wyatt the way, but tonight, with a minor the enacting clause and insert in lieu showed great dedication to the tasks change in the bill, we are going to see thereof the following: before them. this piece of legislation pass and pass As is usually the case, the coopera- by unanimous consent. SECTION 1. SHORT TITLE. tion of Senator BAUCUS and his staff I am very excited about all of the This Act may be cited as the ‘‘Combating Au- was extremely valuable. I particularly work that has been put in by the entire tism Act of 2006’’. want to thank Russ Sullivan, Patrick autism community. I think, as Senator SEC. 2. ACTIVITIES TO IMPROVE AUTISM-RE- LATED RESEARCH. Heck, Bill Dauster, Judy Miller, Stuart DODD will attest, there are very many Sirkin, Jon Selib, Melissa Mueller, Re- arms of the autistic community, a lot Section 409C of the Public Health Service Act becca Baxter and Ryan Abraham. of groups who have a very wide variety (42 U.S.C. 284g) is amended to read as follows: I want to show my appreciation to- of people with respect to how to deal ‘‘SEC. 409C. AUTHORITY OF THE DIRECTOR OF wards HELP Committee Chairman THE NATIONAL INSTITUTES OF with Federal legislation regarding au- HEALTH RELATING TO AUTISM. ENZI’s staff, including Katherine tism. But we were able to sit down and ‘‘(a) STRATEGIC PLAN FOR AUTISM RE- McGuire, Greg Dean, Diann Howland work together over months of time. SEARCH.— and David Thompson. I want to thank I thank some people in particular ‘‘(1) IN GENERAL.—The Secretary, acting Portia Wu and Holly Fechner along who have worked outside of the Con- through the Director, shall develop and imple- with the rest of HELP Committee gress, outside of the Halls of Congress: ment a strategic plan for the conduct and sup- Ranking Member KENNEDY’s staff. I Bob and Suzanne Wright deserve spe- port of research related to autism spectrum dis- also want to thank the staff of Finance cial recognition as grandparents of an order. Committee Member conferees on the autistic child for their tremendous ef- ‘‘(2) REQUIREMENTS.—The strategic plan de- pension bill. They include Evan fort in pulling together these outside veloped under paragraph (1)— Liddiard, Brendan Dunn, Manny groups, along with Deirdre Imus, who, ‘‘(A) shall— Rossman, Wes Coulam, Jennifer Per- again, devoted an extraordinary ‘‘(i) be updated annually;

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 4637 Sfmt 6333 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8766 CONGRESSIONAL RECORD — SENATE August 3, 2006 ‘‘(ii) take into account the research rec- institutions, that meets such requirements as ‘‘(B) $26,000,000 for fiscal year 2007, ommendations of the Interagency Autism Co- may be required by the Director. $32,500,000 for fiscal year 2008, $39,000,000 for ordinating Committee under section 399CC; and ‘‘(F) DURATION.—The term of a grant or con- fiscal year 2009, $45,500,000 for fiscal year 2010, ‘‘(iii) using professional judgment, outline the tract awarded under this paragraph shall not and $52,000,000 for fiscal year 2011, to carry out proposed budgetary requirements of the stra- exceed a period of 5 years. Such period may be subsection (c)(1); and tegic plan, including specific funding expecta- extended for 1 or more additional periods not ex- ‘‘(C) $6,000,000 for fiscal year 2007, $7,500,000 tions for continued multi-year program activi- ceeding 5 years if the operations of the center of for fiscal year 2008, $9,000,000 for fiscal year ties, as well as new and complementary program excellence involved have been reviewed by an 2009, $10,500,000 for fiscal year 2010, and activities, subject to the availability of appro- appropriate technical and scientific peer review $12,000,000 for fiscal year 2011, to carry out sub- priations; and group established by the Director and the group section (c)(2). ‘‘(B) may include investigator-initiated re- has recommended to the Director the extension search. of such period. ‘‘(2) GENERAL USAGE.—Of the amounts appro- ‘‘(3) REPORT.—Not later than April 1, 2008, ‘‘(G) GEOGRAPHIC DIVERSITY.—The Director priated under subparagraphs (B) and (C) of and annually thereafter, the Secretary, acting shall consider geographic diversity in awarding paragraph (1), not to exceed 5 percent of such through the Director, shall prepare and submit centers of excellence. amounts may be utilized by the National Insti- to the appropriate committees of Congress a re- ‘‘(2) CENTERS OF EXCELLENCE IN ENVIRON- tutes of Health for administrative and other ex- port that contains— MENTAL HEALTH AND AUTISM.— penses. ‘‘(A) the strategic plan under paragraph (1) ‘‘(A) IN GENERAL.—The Director shall, subject ‘‘(g) SUNSET.—This section shall not apply that will be applicable to the upcoming fiscal to the availability of appropriations, award after September 30, 2011.’’. year; and grants or contracts to public or nonprofit pri- vate entities to pay all or part of the cost of SEC. 3. DEVELOPMENTAL DISABILITIES SURVEIL- ‘‘(B) a description of the actual dollar expend- LANCE AND RESEARCH PROGRAM. itures for autism spectrum disorder during the planning, establishing, improving, and pro- previous fiscal year. viding basic operating support for centers of ex- (a) IN GENERAL.—Title III of the Public ‘‘(b) EXPANSION, INTENSIFICATION, AND CO- cellence regarding environmental health and Health Service Act (42 U.S.C. 241 et seq.) is ORDINATION OF ACTIVITIES.—The Secretary, act- autism spectrum disorder. amended by adding at the end the following: ing through the Director, shall, subject to the ‘‘(B) RESEARCH.—A center of excellence estab- lished under this paragraph shall conduct basic ‘‘PART R—PROGRAMS RELATING TO availability of appropriations, expand, inten- AUTISM sify, and coordinate the activities of the Na- and clinical research of a broad array of envi- tional Institutes of Health with respect to au- ronmental factors that may have a possible role ‘‘SEC. 399AA. DEVELOPMENTAL DISABILITIES tism spectrum disorder. in autism spectrum disorder. SURVEILLANCE AND RESEARCH PRO- ‘‘(c) CENTERS OF EXCELLENCE.— ‘‘(C) COORDINATION AND ORGANIZATION.—The GRAM. ‘‘(1) AUTISM CENTERS OF EXCELLENCE.— Secretary, acting through the Director of NIH, ‘‘(a) AUTISM SPECTRUM DISORDER AND OTHER ‘‘(A) IN GENERAL.—The Secretary, acting shall apply to the centers under this paragraph DEVELOPMENTAL DISABILITIES.— the same requirements concerning coordination, through the Director, shall, subject to the avail- ‘‘(1) IN GENERAL.—The Secretary, acting ability of appropriations, award grants or con- reporting, and organization as the requirements applied to the centers of excellence under sub- through the Director of the Centers for Disease tracts to public or nonprofit private entities to Control and Prevention, may award grants or assist such entities in paying all or part of the paragraphs (D), (E), (F), and (G) of paragraph (1). cooperative agreements to eligible entities for the costs of planning, establishing, improving, and collection, analysis, and reporting of State epi- providing basic operating support for centers of ‘‘(d) COLLECTION AND STORAGE OF DATA.— ‘‘(1) IN GENERAL.—The Secretary, acting demiological data on autism spectrum disorder excellence concerning research on autism spec- and other developmental disabilities. An eligible trum disorder. through the Director and in coordination with the Director of the Centers for Disease Control entity shall assist with the development and co- ‘‘(B) RESEARCH ACTIVITIES.—A center of excel- ordination of State autism spectrum disorder lence that receives funding under this para- and Prevention, shall, subject to the availability of appropriations, establish and provide funding and other developmental disability surveillance graph shall conduct basic and clinical research efforts within a region. In making such awards, into autism spectrum disorder. Such research for mechanisms and entities that provide for the collection, storage, coordination, and public the Secretary may provide direct technical as- shall— sistance in lieu of cash. ‘‘(i) be conducted in the fields of develop- availability of data that is collected by the cen- mental neurobiology, genetics, epigenetics, ters of excellence under this section, under sec- ‘‘(2) DATA STANDARDS.—In submitting epide- pharmacology, nutrition, immunology, tion 399AA(b), and under section 409C(c) and, to miological data to the Secretary pursuant to neuroimmunology, neurobehavioral develop- the extent possible, data generated from public subsection (a), an eligible entity shall report ment, endocrinology, gastroenterology, and private research partnerships. In estab- data according to guidelines prescribed by the psychopharmacology, or toxicology; and lishing such mechanisms and entities, the Sec- Director of the Centers for Disease Control and ‘‘(ii) include investigations into the causation, retary— Prevention, after consultation with relevant diagnosis or rule out, early detection, preven- ‘‘(A) shall ensure that there is data sharing State and local public health officials, private tion, services, supports, or intervention of au- among autism spectrum disorder researchers; sector developmental disability researchers, and tism spectrum disorder. and advocates for individuals with autism spectrum ‘‘(B) may utilize existing facilities. ‘‘(C) SERVICES.— disorder or other developmental disabilities. ‘‘(2) FACILITATION OF RESEARCH.— ‘‘(i) IN GENERAL.—A center of excellence that ‘‘(A) ESTABLISHMENT OF PROGRAM.—The Sec- ‘‘(3) ELIGIBILITY.—To be eligible to receive an receives funding under this paragraph may ex- retary shall establish a program under which award under paragraph (1), an entity shall be a pend amounts provided under a grant or con- samples of tissues and genetic and other biologi- public or nonprofit private entity (including a tract under such paragraph to carry out a pro- cal materials that are of use in research on au- health department of a State or a political sub- gram to make individuals aware of opportunities tism spectrum disorder are donated, collected, division of a State, a university, or any other to participate as subjects in research conducted preserved, and made available for such re- educational institution), and submit to the Sec- by the center. search. retary an application at such time, in such man- EFERRALS AND COSTS ‘‘(ii) R .—A program car- ‘‘(B) ACCEPTED SCIENTIFIC STANDARDS.—The ner, and containing such information as the ried out under clause (i) may, in accordance program established under paragraph (1) shall Secretary may require. with such criteria as the Director may establish, be— ‘‘(b) CENTERS OF EXCELLENCE IN AUTISM SPEC- provide to the subjects described in such clause, ‘‘(i) carried out in accordance with accepted TRUM DISORDER EPIDEMIOLOGY.— referrals for health and other services and reim- scientific and medical standards for the dona- bursement of care for individuals as are required ‘‘(1) IN GENERAL.—The Secretary, acting tion, collection, and preservation of such sam- through the Director of the Centers for Disease for such research. ples; and ‘‘(iii) AVAILABILITY AND ACCESS.—The extent Control and Prevention, shall, subject to the ‘‘(ii) conducted so that the tissues and other availability of appropriations, award grants or to which a center of excellence that receives materials saved, as well as any database com- funding under this paragraph can demonstrate cooperative agreements for the establishment of piled from such tissues and materials, are avail- regional centers of excellence in autism spectrum the availability of and access to clinical services able to researchers at a reasonable cost and on shall be considered by the Director in making disorder and other developmental disabilities ep- an expedited basis. idemiology for the purpose of collecting and decisions concerning the awarding of grants or ‘‘(e) CONSOLIDATION.—The Secretary, acting analyzing information on the number, inci- contracts to applicants that meet the scientific through the Director, may consolidate program dence, correlates and causes of autism spectrum criteria for funding under this section. activities under this section if such consolida- disorder and other developmental disabilities. ‘‘(D) COORDINATION OF CENTERS OF EXCEL- tion would improve program efficiencies and LENCE.—The Director shall provide for the ap- outcomes. ‘‘(2) REQUIREMENTS.—To be eligible to receive propriate coordination of information among ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— a grant or cooperative agreement under para- centers of excellence that receive funding under ‘‘(1) IN GENERAL.—There is authorized to be graph (1), an entity shall submit to the Sec- this paragraph and ensure regular communica- appropriated— retary an application containing such agree- tion between such centers. ‘‘(A) $68,000,000 for fiscal year 2007, ments and information as the Secretary may re- ‘‘(E) ORGANIZATION.—A center of excellence $82,000,000 for fiscal year 2008, $96,000,000 for quire, including an agreement that the center to that receives funding under this paragraph fiscal year 2009, $120,000,000 for fiscal year 2010, be established under the grant or cooperative shall use the facilities of a single institution, or and $134,000,000 for fiscal year 2011, to carry out agreement shall operate in accordance with the be formed through a consortium of cooperating subsections (a), (b), and (d); following:

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‘‘(A) The center will collect, analyze, and re- ‘‘(6) promote the use of evidence-based inter- ‘‘(d) TOOLS.— port autism spectrum disorder and other devel- ventions for individuals at higher risk for au- ‘‘(1) IN GENERAL.—To promote the use of valid opmental disability data according to guidelines tism spectrum disorder and other developmental and reliable screening tools for autism spectrum prescribed by the Director of the Centers for Dis- disabilities as early as practicable. disorder and other developmental disabilities, ease Control and Prevention, after consultation ‘‘(c) INFORMATION AND EDUCATION.— the Secretary shall develop a curriculum for with relevant State and local public health offi- ‘‘(1) IN GENERAL.—In carrying out subsection continuing education to assist individuals in cials, private sector developmental disability re- (b)(1), the Secretary, in collaboration with the recognizing the need for valid and reliable searchers, and advocates for individuals with Secretary of Education and the Secretary of Ag- screening tools and the use of such tools. riculture, shall, subject to the availability of ap- developmental disabilities. ‘‘(2) COLLECTION, STORAGE, COORDINATION, propriations, provide culturally competent infor- ‘‘(B) The center will develop or extend an area AND AVAILABILITY.—The Secretary, in collabora- of special research expertise (including genetics, mation regarding autism spectrum disorder and tion with the Secretary of Education, shall pro- epigenetics, epidemiological research related to other developmental disabilities, risk factors, vide for the collection, storage, coordination, environmental exposures), immunology, and characteristics, identification, diagnosis or rule and public availability of tools described in other relevant research specialty areas. out, and evidence-based interventions to meet paragraph (1), educational materials and other ‘‘(C) The center will identify eligible cases and the needs of individuals with autism spectrum products that are used by the Federal programs controls through its surveillance system and disorder or other developmental disabilities and referred to in subsection (c)(1)(A), as well as— conduct research into factors which may cause their families through— or increase the risk of autism spectrum disorder ‘‘(A) Federal programs, including— ‘‘(A) programs authorized under the Develop- and other developmental disabilities. ‘‘(i) the Head Start program; mental Disabilities Assistance and Bill of Rights ‘‘(c) FEDERAL RESPONSE.—The Secretary shall ‘‘(ii) the Early Start program; Act of 2000; coordinate the Federal response to requests for ‘‘(iii) the Healthy Start program; ‘‘(B) early intervention programs or inter- assistance from State health, mental health, and ‘‘(iv) programs under the Child Care and De- agency coordinating council’s authorized under education department officials regarding poten- velopment Block Grant Act of 1990; part C of the Individuals with Disabilities Edu- tial or alleged autism spectrum disorder or de- ‘‘(v) programs under title XIX of the Social cation Act; and velopmental disability clusters. Security Act (particularly the Medicaid Early ‘‘(C) children with special health care needs ‘‘(d) DEFINITIONS.—In this part: and Periodic Screening, Diagnosis and Treat- programs authorized under title V of the Social ‘‘(1) OTHER DEVELOPMENTAL DISABILITIES.— ment Program); Security Act. ‘‘(vi) the program under title XXI of the So- The term ‘other developmental disabilities’ has ‘‘(3) REQUIRED SHARING.—In establishing the meaning given the term ‘developmental dis- cial Security Act (the State Children’s Health mechanisms and entities under this subsection, ability’ in section 102(8) of the Developmental Insurance Program); the Secretary, and the Secretary of Education, ‘‘(vii) the program under title V of the Social Disabilities Assistance and Bill of Rights Act of shall ensure the sharing of tools, materials, and Security Act (Maternal and Child Health Block 2000 (42 U.S.C. 15002(8)). products developed under this subsection among Grant Program); ‘‘(2) STATE.—The term ‘State’ means each of entities receiving funding under this section. the several States, the District of Columbia, the ‘‘(viii) the program under parts B and C of the ‘‘(e) DIAGNOSIS.— Commonwealth of Puerto Rico, American Individuals with Disabilities Education Act; Samoa, Guam, the Commonwealth of the North- ‘‘(ix) the special supplemental nutrition pro- ‘‘(1) TRAINING.—The Secretary, in coordina- ern Mariana Islands, the Virgin Islands, and gram for women, infants, and children estab- tion with activities conducted under title V of the Trust Territory of the Pacific Islands. lished under section 17 of the Child Nutrition the Social Security Act, shall, subject to the ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—To Act of 1966 (42 U.S.C. 1786); and availability of appropriations, expand existing carry out this section, there is authorized to be ‘‘(x) the State grant program under the Reha- interdisciplinary training opportunities or op- appropriated, $15,000,000 for fiscal year 2007, bilitation Act of 1973. portunities to increase the number of sites able and such sums as may be necessary for each of ‘‘(B) State licensed child care facilities; and to diagnose or rule out individuals with autism fiscal years 2008 through 2011. ‘‘(C) other community-based organizations or spectrum disorder or other developmental dis- ‘‘(f) SUNSET.—This section shall not apply points of entry for individuals with autism spec- abilities and ensure that— after September 30, 2011. trum disorder and other developmental disabil- ‘‘(A) competitive grants or cooperative agree- ‘‘SEC. 399BB. AUTISM EDUCATION, EARLY DETEC- ities to receive services. ments are awarded to public or non-profit agen- TION, AND INTERVENTION . ‘‘(2) LEAD AGENCY.— cies, including institutions of higher education, ‘‘(a) PURPOSE.—It is the purpose of this sec- ‘‘(A) DESIGNATION.—The governor of a State to expanding existing or develop new maternal tion— shall designate a public agency as a lead agency and child health interdisciplinary leadership ‘‘(1) to increase awareness, reduce barriers to to coordinate the activities provided for under education in neurodevelopmental and related screening and diagnosis, promote evidence-based paragraph (1) in the State at the State level. disabilities programs (similar to the programs interventions for individuals with autism spec- ‘‘(B) INFORMATION.—The Governor or a State, developed under section 501(a)(2) of the Social trum disorder or other developmental disabil- acting through the lead agency under subpara- Security Act) in States that do not have such a ities, and train professionals to utilize valid and graph (A), shall make available to individuals program; reliable screening tools to diagnose or rule out and their family members, guardians, advocates, ‘‘(B) trainees under such training programs— or authorized representatives, providers, and and provide evidence-based interventions for ‘‘(i) receive an appropriate balance of aca- other appropriate individuals in the State, com- children with autism spectrum disorder and demic, clinical, and community opportunities; other developmental disabilities; and prehensive culturally competent information ‘‘(2) to conduct activities under this section about State and local resources regarding au- ‘‘(ii) are culturally competent; with a focus on an interdisciplinary approach tism spectrum disorder and other developmental ‘‘(iii) are ethnically diverse; (as defined in programs developed under section disabilities, risk factors, characteristics, identi- ‘‘(iv) demonstrate a capacity to evaluate, di- 501(a)(2) of the Social Security Act) that will fication, diagnosis or rule out, available services agnose or rule out, develop, and provide evi- also focus on specific issues for children who are and supports, and evidence-based interventions. dence-based interventions to individuals with not receiving an early diagnosis and subsequent Such information shall be provided through— autism spectrum disorder and other develop- interventions. ‘‘(i) toll-free telephone numbers; mental disabilities; and ‘‘(b) IN GENERAL.—The Secretary shall, sub- ‘‘(ii) Internet websites; ‘‘(v) demonstrate an ability to use a family- ject to the availability of appropriations, estab- ‘‘(iii) mailings; or centered approach; and lish and evaluate activities to— ‘‘(iv) other means as the Governor may re- ‘‘(C) program sites provide culturally com- ‘‘(1) provide information and education on quire. petent services. autism spectrum disorder and other develop- ‘‘(C) REQUIREMENTS OF AGENCY.—In desig- ‘‘(2) TECHNICAL ASSISTANCE.—The Secretary nating the lead agency under subparagraph (A), mental disabilities to increase public awareness may award one or more grants under this sec- the Governor shall— of developmental milestones; tion to provide technical assistance to the net- ‘‘(2) promote research into the development ‘‘(i) select an agency that has demonstrated work of interdisciplinary training programs. and validation of reliable screening tools for au- experience and expertise in— tism spectrum disorder and other developmental ‘‘(I) autism spectrum disorder and other devel- ‘‘(3) BEST PRACTICES.—The Secretary shall disabilities and disseminate information regard- opmental disability issues; and promote research into additional valid and reli- ing those screening tools; ‘‘(II) developing, implementing, conducting, able tools for shortening the time required to ‘‘(3) promote early screening of individuals at and administering programs and delivering edu- confirm or rule out a diagnosis of autism spec- higher risk for autism spectrum disorder and cation, information, and referral services (in- trum disorder or other developmental disabilities other developmental disabilities as early as cluding technology-based curriculum-develop- and detecting individuals with autism spectrum practicable, given evidence-based screening ment services) to individuals with developmental disorder or other developmental disabilities at techniques and interventions; disabilities and their family members, guard- an earlier age. ‘‘(4) increase the number of individuals who ians, advocates or authorized representatives, ‘‘(f) INTERVENTION.—The Secretary shall pro- are able to confirm or rule out a diagnosis of au- providers, and other appropriate individuals lo- mote research, through grants or contracts, to tism spectrum disorder and other developmental cally and across the State; and determine the evidence-based practices for inter- disabilities; ‘‘(ii) consider input from individuals with de- ventions for individuals with autism spectrum ‘‘(5) increase the number of individuals able to velopmental disabilities and their family mem- disorder or other developmental disabilities, de- provide evidence-based interventions for individ- bers, guardians, advocates or authorized rep- velop guidelines for those interventions, and dis- uals diagnosed with autism spectrum disorder or resentatives, providers, and other appropriate seminate information related to such research other developmental disabilities; and individuals. and guidelines.

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‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—To ‘‘(4) All meetings of the Committee shall be with Disabilities Education Act (20 U.S.C. carry out this section, there is authorized to be public and shall include appropriate time peri- 1415(m)).’’. appropriated, $32,000,000 for fiscal year 2007, ods for questions and presentations by the pub- (b) REPEALS.—The following sections of the $37,000,000 for fiscal year 2008, $42,000,000 for lic. Children’s Health Act of 2000 (Public Law 106– fiscal year 2009, $47,000,000 for fiscal year 2010, ‘‘(e) COMPENSATION AND EXPENSES.—Members 310) are repealed: and $52,000,000 for fiscal year 2011, of which— of the Committee who are officers or employees ‘‘(1) $5,000,000 shall be made available in each of the Federal Government shall serve as mem- (1) Section 101 (42 U.S.C. 247b–4a) relating to fiscal year for activities described in subsection bers of the Committee without compensation in research activities at the National Institutes of (c); and addition to that received in their regular gov- Health. ‘‘(2) $3,000,000 shall be made available in fis- ernment employment. Other members of the (2) Section 102 (42 U.S.C. 247b–4b) relating to cal year 2007, $6,000,000 in fiscal year 2008, Committee shall receive compensation at rates the Developmental Disabilities Surveillance and $9,000,000 in fiscal year 2009, $12,000,000 in fiscal not to exceed the daily equivalent of the annual Research Program. year 2010, and $15,000,000 in fiscal year 2011, for rate in effect for grade GS-18 of the General (3) Section 103 (42 U.S.C. 247b–4c) relating to activities described in subsection (f). Schedule for each day (including travel time) information and education. ‘‘(h) SUNSET.—This section shall not apply they are engaged in the performance of their after September 30, 2011. duties as members of the Committee. (4) Section 104 (42 U.S.C. 247b–4d) relating to ‘‘SEC. 399CC. INTERAGENCY AUTISM COORDI- ‘‘(f) SUBCOMMITTEES; ESTABLISHMENT AND the Inter-Agency Autism Coordinating Com- NATING COMMITTEE. MEMBERSHIP.—In carrying out its functions, the mittee. ‘‘(a) ESTABLISHMENT.—The Secretary shall es- Committee may establish subcommittees and (5) Section 105 (42 U.S.C. 247b–4e) relating to tablish a committee, to be known as the ‘Inter- convene workshops and conferences. Such sub- reports. agency Autism Coordinating Committee’ (in this committees shall be composed of Committee mem- section referred to as the ‘Committee’), to coordi- bers and may hold such meetings as are nec- Mr. SANTORUM. Mr. President, be- nate all efforts within the Department of Health essary to enable the subcommittees to carry out fore I offer the amendment, if Senator and Human Services concerning autism spec- their duties. DODD would like to take a few minutes trum disorder. ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—To to speak. ‘‘(b) RESPONSIBILITIES.—In carrying out its carry out this section, there is authorized to be duties under this section, the Committee shall— appropriated, such sums as may be necessary Mr. DODD. Mr. President, I will be ‘‘(1) make recommendations concerning the for each of fiscal years 2007 through 2011. very brief. The majority leader is here, strategic plan described in section 409C(a); ‘‘(h) SUNSET.—This section shall not apply and my friend from Pennsylvania has ‘‘(2) develop and annually update advances in after September 30, 2011 and the Committee shall very adequately—more than ade- autism spectrum disorder research related to be terminated on such date. quately—described the history of this causes, early screening, diagnosis or rule out, ‘‘SEC. 399DD. REPORT TO CONGRESS. intervention, and access to services and sup- legislation. It has been a journey of ‘‘(a) IN GENERAL.—Not later than 4 years some time here to bring this legisla- ports for individuals with autism spectrum dis- after the date of enactment of the Combating order; and Autism Act of 2006, the Secretary, in coordina- tion to the point we are this evening, ‘‘(3) make recommendations to the Secretary tion with the Secretary of Education, shall pre- to the final adoption unanimously by regarding the public participation in decisions pare and submit to the Health, Education, this body. I am very grateful, as well, relating to autism spectrum disorder. Labor, and Pensions Committee of the Senate to the chairman of our committee, ‘‘(c) MEMBERSHIP.— ‘‘(1) IN GENERAL.—The Committee shall be and the Energy and Commerce Committee of the MIKE ENZI, who has been tremendously composed of— House of Representatives a progress report on helpful, along with Senator KENNEDY ‘‘(A) the Director of the Centers for Disease activities related to autism spectrum disorder and other members of the committee Control and Prevention; and other developmental disabilities. who voted unanimously to report this ‘‘(b) CONTENTS.—The report submitted under ‘‘(B) the Director of the National Institutes of bill out on a bipartisan basis. Health, and the Directors of such national re- subsection (a) shall contain— search institutes of the National Institutes of ‘‘(1) a description of the progress made in im- As the Senator from Pennsylvania Health as the Secretary determines appropriate; plementing the provisions of the Combating Au- has pointed out, the majority leader ‘‘(C) the heads of such other agencies as the tism Act of 2006; and minority leader have been tremen- Secretary determines appropriate; ‘‘(2) a description of the amounts expended on the implementation of the particular provisions dously helpful, along with the majority ‘‘(D) representatives of other Federal Govern- and minority leader staffs who have mental agencies that serve individuals with au- of Combating Autism Act of 2006; tism spectrum disorder such as the Department ‘‘(3) information on the incidence of autism helped us on the Senate floor work of Education; and spectrum disorder and trend data of such inci- through some final little knots on this ‘‘(E) the additional members appointed under dence since the date of enactment of the Com- bill that had to be worked out before paragraph (2). bating Autism Act of 2006; we could bring this bill to the consider- ‘‘(2) ADDITIONAL MEMBERS.—Not fewer than 6 ‘‘(4) information on the average age of diag- ation of the full body. members of the Committee, or 1/3 of the total nosis for children with autism spectrum disorder membership of the Committee, whichever is and other disabilities, including how that age There are some very special people greater, shall be composed of non-federal public may have changed over the 4-year period begin- who worked very hard. The autism members to be appointed by the Secretary, of ning on the date of enactment of this Act; community is a large community. It is which— ‘‘(5) information on the average age for inter- a diverse one. There are many points of ‘‘(A) at least one such member shall be an in- vention for individuals diagnosed with autism view that have been represented by spectrum disorder and other developmental dis- dividual with a diagnosis of autism spectrum various people. It has been critically disorder; abilities, including how that age may have ‘‘(B) at least one such member shall be a par- changed over the 4-year period beginning on the important that there has been an effort ent or legal guardian of an individual with an date of enactment of this Act; to come together. They have done that autism spectrum disorder; and ‘‘(6) information on the average time between in part because of the leadership of Bob ‘‘(C) at least one such member shall be a rep- initial screening and then diagnosis or rule out and Suzanne Wright, who played a very resentative of leading research, advocacy, and for individuals with autism spectrum disorder or instrumental role, who are grand- service organizations for individuals with au- other developmental disabilities, as well as in- parents of an autistic child and who tism spectrum disorder. formation on the average time between diagnosis work tirelessly with the organization ‘‘(d) ADMINISTRATIVE SUPPORT; TERMS OF and evidence-based intervention for individuals they helped found, Autism Speaks. SERVICE; OTHER PROVISIONS.—The following with autism spectrum disorder or other develop- provisions shall apply with respect to the Com- mental disabilities; Senator SANTORUM also mentioned mittee: ‘‘(7) information on the effectiveness and out- Deirdre Imus, a constituent of mine in ‘‘(1) The Committee shall receive necessary comes of interventions for individuals diagnosed Connecticut, who is tenacious in her and appropriate administrative support from the with autism spectrum disorder, including by commitment to issues she gets in- Secretary. various subtypes, and other developmental dis- volved in and has certainly been tena- ‘‘(2) Members of the Committee appointed abilities and how the age of the child may affect cious on this one. If there were one in- under subsection (c)(2) shall serve for a term of such effectiveness; 4 years, and may be reappointed for one or more ‘‘(8) information on the effectiveness and out- dividual outside of the Members and additional 4 year term. Any member appointed comes of innovative and newly developed inter- staff of this body who worked so hard to fill a vacancy for an unexpired term shall be vention strategies for individuals with autism on this, she probably deserves it more appointed for the remainder of such term. A spectrum disorder or other developmental dis- than anyone for keeping the flame member may serve after the expiration of the abilities; and burning on this effort on behalf on the member’s term until a successor has taken office. ‘‘(9) information on services and supports pro- autism community. ‘‘(3) The Committee shall meet at the call of vided to individuals with autism spectrum dis- the chairperson or upon the request of the Sec- order and other developmental disabilities who Mr. President, 1 out of every 166 chil- retary. The Committee shall meet not fewer than have reached the age of majority (as defined for dren in this country are born with au- 2 times each year. purposes of section 615(m) of the Individuals tism spectrum disorder. It is a growing

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2006 CONGRESSIONAL RECORD — SENATE S8769 problem, Mr. President. The problem Some have suggested that it is a reflec- issues surrounding autism spectrum has increased in my own State of Con- tion of better diagnostic tools and disorder and to serve those per * * * necticut by close to 1,100 percent since measures. Other theories focus on ge- The PRESIDING OFFICER. The ma- 1993. We don’t know exactly what netic or environmental factors. But the jority leader is recognized. causes this. But this bill will allow us fact is that when it comes to autism to examine all questions—and I mean spectrum disorder we just don’t know Mr. FRIST. Mr. President, before we every question—arising of what may be for certain what causes it, we don’t move to pass this bill, I, too, want to provoking this rapid increase in au- know exactly how to diagnose it, and add my commendation, my thanks, my tism. Clearly, our diagnosis, diagnostic we don’t know how best to intervene so appreciation, my gratitude to Senator efforts, are better today. But that that individuals with ASD can achieve SANTORUM and Senator DODD. I have doesn’t explain to most of us why the their highest potential. It is absolutely had the opportunity to work almost dramatic increases have occurred. vital that we do more for families daily with Senator SANTORUM on this So we believe there may be other rea- struggling with this disorder, which is particular issue and because of his sons out there that deserve full exam- why the Combating Autism Act is so focus and his dedication and hard ination and exploration. Certainly, important. work, indeed, at 11:15 tonight, we do looking at ways to treat this issue is ASD affects as many as 6 out of every also critically important, how to sup- have a reason to celebrate—celebrate 1,000 children, and the economic cost to not just for the bill itself but because port these families who have an autis- this country due to autism spectrum it is a major step forward for the hun- tic child. There is a tremendous disorder is staggering. Healthcare for dreds and thousands of families across amount of pressure on families who are individuals with ASD over their life- confronted with this issue. They handle times costs an estimated $35 billion per this Nation who are exposed to, are it very well, and many of these families year. Schooling alone can cost as much touched by, who celebrate autism, and will tell you that while one may look as $100,000 each year. By 2015, the an- that this bill itself recognizes we have at it from afar as a disability, in many nual cost of care will be about $300 bil- a long way to go. cases you will be amazed how many lion, but we know that this figure can It was a year ago that I asked the view it as somehow a blessing in a way. be cut in half with early diagnosis, Government Accountability Office to I know that sounds strange to many of services, and intervention. As many as look at and evaluate our country’s ef- my colleagues to hear this, but for 40 percent of new ASD cases are identi- forts to combat autism and to look at families with autistic children, it is fied in our schools each year, and a the challenges that we have before us. difficult, but it is impressive to see child is likely to be nearing his or her how well they handle this. It is inspira- It was 6 years ago that Senator KEN- 10th birthday before a diagnosis is NEDY and I cosponsored a bill, the Chil- tional to watch how many families deal made. This means that interventions with this issue. dren’s Health Act of 2000. The report and services that could help these chil- was released today, the General Ac- So tonight is a special night. It is dren achieve their full potential are late. We have major bills we have just counting Office report. It states that not made available to them during the passed on pension reform, and we are while Federal funding coordination and critical period of early development not suggesting this bill is more impor- research have increased since the Chil- when interventions are most successful tant than that bill in significance, but dren’s Health Act of 2000, there is a sig- and cost-effective. As a country, we I want to tell you something. To an need to do a better job of diagnosing nificant need for more coordination, awful lot of families out there tonight children before they start school. That for expanded research, for better strat- who don’t know anything about this means training pediatricians, early egies for education, and indeed for late hour or what has happened here childhood educators, and day care pro- more health care professionals to serve earlier, we are making a difference in viders to recognize the early indicators the autism community. their lives, and we may make a huge difference down the road in the lives of of ASD so that at-risk children are re- If you wrap all of that up, there is a future children and families because we ferred to specialists for diagnosis and need for better research, diagnosis, and may get to the cause of this and make services as early as practicable. treatment. And there is a need for a The Combating Autism Act will pro- a difference in trying to stem the reach cure. mote early detection, early evidence- of autism spectrum disorder. based interventions, and services for On the Senate floor we will talk So I am deeply proud we have been about that need, but it is parents like involved. We hope we can get, of individuals with ASD. It also signifi- cantly increases our investment in the Brian and Tracy Noll who feel it every course, this bill signed into law fairly day. Brian and Tracy are parents, actu- quickly. But, again, I thank my col- National Institutes of Health for au- tism-related research. This legislation ally Pennsylvanian parents—referring leagues. I thank, particularly, Senator to my distinguished colleague, the SANTORUM, who has been terrific on will also reauthorize the epidemiologic sponsor of this bill—of a 7-year-old son this issue and who has been a chief surveillance programs at the Centers with autism. As an infant, their son sponsor with me, along with the other for Disease Control and Prevention. Members whom I have mentioned. Most importantly, this legislation will Tyler exhibited—this is the usual In conclusion, hundreds of thousands mean answers for the families that course—all the normal signs of a of families across America struggle have been so deeply affected by ASD. healthy baby, a happy baby. But at 18 each and every day with autism spec- For that reason, more than any other, months Brian started to notice that trum disorder, ASD, one of the fastest- I am grateful that the Senate is voting Tyler would no longer look him in the growing developmental disabilities in to pass the Combating Autism Act eye. the United States. While we used to today. Again, as is the custom, after re- I want to thank my colleagues, Sen- think of ASD as relatively rare, today peated visits to doctors, repeated vis- ator SANTORUM, Senator ENZI, Senator it is diagnosed at a rate that is 10 its, there was a lot of mystery ini- times that of a decade ago. In my home KENNEDY, and their staffs for their ex- traordinary hard work on this bill. I tially. He was ultimately diagnosed State of Connecticut, we have wit- with autism at the age of 3. Today nessed an increase in diagnoses of ASD also wish to offer my sincere thanks Tyler struggles with communication of close to 1,100 percent since 1993. and appreciation to all of the individ- and coordination, his language and sen- What these numbers tell us is that uals who are personally affected by au- ASD diagnoses are rising at truly tism spectrum disorder—and the many sory skills are limited. He knows, yes, alarming rates and we simply must advocacy groups who represent them— that he is different from other chil- provide more answers to all those af- for their continued dedication and pas- dren, but he really can’t understand fected by this devastating condition. sionate commitment to this legisla- why. Brian and Tracy see their fun-lov- As a nation, we need to support the tion. Without their commitment, we ing son whose smile lights up the room families that are struggling to raise a would not be here today on the verge of and they hope for new treatments that child with ASD. Senate passage of this critical legisla- will help him lead a normal and pro- There are many theories as to why tion that will greatly advance our Na- ductive life. They hope researchers will the prevalence of ASD has increased. tion’s efforts to address the many help cure autism, and, yes, they hope

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8770 CONGRESSIONAL RECORD — SENATE August 3, 2006 someday we will understand why. Be- is no guarantee when they wake up in ciated with. They are also at the very cause of the tremendous work of Sen- the morning that it will be a good day beginning of a process, it seems. We ators SANTORUM and DODD, under the for their child. There is no guarantee need to expedite that process. This bill chairmanship of Chairman ENZI and that their child will learn to talk or to will help to get that done. Chairman KENNEDY—who I mentioned read or interact with his peers. And Senator SANTORUM has just been a back from our work together in 2006— there is no certainty what the future real leader on this issue and probably we are on the way to that becoming a holds for that child who will one day be understands it better than anybody reality. an adult. that I have worked with and has It is one of the least understood de- Today is an opportunity to provide worked through all the difficulties of velopmental disorders of our time. The those parents with what little cer- the last-minute kinds of changes. difficulties with communication skills tainty we can. and social skills are well known. But Today is the opportunity to assure I thank all of you for getting this for no case is the same. Every case is a lit- them that we are continuing to push America. One of the things this bill tle bit different. It covers, as its name forward for better treatment, for more does is help people understand autism suggests, a spectrum of behaviors. Ap- research, for a greater understanding, better. It is relatively unknown. This proximately 40 percent of children with and one day, perhaps a cure. elevates it. As we continue to do that, autism do not talk. Others will learn to I thank my colleagues Senators we will get solutions. I thank all of you talk but later stop speaking alto- SANTORUM and DODD for sponsoring for doing that. gether. Some read at an advanced pace. this legislation. The PRESIDING OFFICER. The Sen- Some have unique athletic abilities. And I am pleased we have passed this ator from Pennsylvania. Some will exhibit excellent fine motor important bill. Mr. SANTORUM. Mr. President, I skills but will have a great deal of dif- What we are about to do is a great thank Senator ENZI for just the tre- ficulty with the more simple tasks be- victory for this body, for the country, mendous commitment that he and Sen- fore them. and indeed for the parents of children ator KENNEDY made to being patient I think back to 30 years ago when I with autism. I am pleased in a few mo- graduated from medical school: Autism and working through the months of ments we will pass this very important time it took to bring this bill together. was little talked about as a disorder. deal. But over the next three decades we Both of my colleagues have pre- I know his intention was to move a have watched its incidence steadily viously mentioned their relationship comprehensive reform of the NIH, and grow. That is why, as I mentioned, in with others who have autism. Again, he made an exception for this piece of the year 2000, Senator KENNEDY and I Bob and Susan Wright have been tre- legislation. Senator DODD and I thank were compelled to introduce that Chil- mendous leaders in their communities, both Senator ENZI and Senator KEN- dren’s Health Care Act. The intent was across the country, and indeed globally NEDY for breaking ranks, making sure for America to better understand and in fighting autism. A good friend, Phil we could move this as a separate piece treat and one day prevent a disorder Geier, who they know very well, a close of legislation, apart from the overall that had for so long eluded the sci- friend of mine, has been instrumental reauthorization of NIH. entific community as well as the med- in shedding that communication, that I want to say to the leader, as Sen- ical and clinical community. light on this entity. We can all cele- ator ENZI said, we wouldn’t be here if it As the GAO report released today brate today that, because of all their were not for your commitment to get highlights, coordination of Federal au- hard work and the leadership of Chair- this bill done. I know Senator REID, tism activities in NIH research has in- man ENZI, we will be passing that bill with whom I spoke just a few minutes creased. Indeed, NIH funding has dou- shortly. ago, said: This is a very important bill bled between 2000 and today. Yet, for as The PRESIDING OFFICER. The Sen- to me; this is something I want to see many strides as we made in the last 5 ator from Illinois. done. We worked through the bumps years, one fact remains: There is no Mr. DURBIN. Mr. President, I salute here right at the end to get that done cure. We shed more light on autism, the source of this effort for their hard thanks to you, our two leaders. but we are still at the very dawn of un- work, Senator SANTORUM, Senator derstanding the disorder and its ori- Up until the very end this has been a DODD, and many others, and ask unani- gins. difficult process, but we are here. Hav- As a physician I have witnessed first- mous consent my name be added as a ing worked on a lot of bills, I have been hand the power of research—if we in- cosponsor. very blessed in the time that I have vest, if we set up a framework for the The PRESIDING OFFICER. Without been here. I have had my share of legis- appropriate research. And with reason, objection, it is so ordered. lative successes and bills I have worked I harbor hope for a day when autism The Senator from Wyoming. on and worked hard on to make a dif- has a cure. Mr. ENZI. Mr. President, I want to ference. I can’t think of any piece of But that day depends on this body take a moment to add my congratula- legislation that I will feel better about making a commitment. tions to the people who have had a key as I reflect back on what I have accom- We have laid a foundation. But today role in doing this bill. First of all, I plished here than what we have done we have an opportunity to build on it want to recognize the leader, who al- tonight. by passing the Combating Autism Act, ways inspires us on a lot of these issues People who are dealing with children which not only reauthorizes The Chil- and then provides the time for us to be with autism are a special group of peo- dren’s Health Act of 2000—it addresses able to do it as well—not only on this ple. Senator DODD laid that out very the specific challenges laid out in the but on the pensions bill. He has to han- eloquently. They are a special group of GAO report. The GAO report highlights dle a lot of strategy and a lot of dif- that we need greater coordination of ferent personalities and does just a people who are, in many cases, just Federal autism activities, and this bill marvelous job moving the whole body more determined to be able to solve ensures it. The report states that sur- along. this enigma that is in their family, this veillance of autism can be improved I primarily want to thank Senator disorder about which they just can’t through better coordination—and this DODD and Senator SANTORUM for bring- seem to get the answers they need. bill ensures it. The report identifies the ing this to our committee and working I always say when I meet with a need for more health care professionals it diligently. I also thank them for group of autistic kids and their par- who are trained to interact with au- sending all the different people to see ents, the commonality in every one of tism patients—and this bill ensures it. me who had an interest in this bill, those meetings is tears. In most cases, The report makes clear that because who had a number of different likes we are talking to parents who are very, there is no cure and no known cause, and wants and needs. They are to be very stressed out and really sort of at research must be continued, and it commended for the tremendous effort their wits end as to how to grapple must be expanded. And this bill ensures they put into making sure that some with this problem. Tonight, hopefully, it. day we have a solution to autism. we will begin the process of drying For the parents of children with au- It is the most diligent-working bunch those tears and creating hope for a tism, there is so little certainty. There of people I think I have ever been asso- whole group of Americans and their

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2006 CONGRESSIONAL RECORD — SENATE S8771 families who deserve better answers the amount of authorization for re- with autism spectrum disorder reach than what we are getting from the search. That Member thought that their full potential. And given the im- medical community today. number was excessive and was going to portance of early intervention, we need One final note. I want to say that object to the consideration of the bill further research into the possible Senator DODD, I think, referred to tonight unless we were able to do causes of autism spectrum disorder. Deirdre Imus as the flame that just something about that authorization We need to understand more about burned. I say, then her husband is the number. In order to get the legislation the various forms of autism spectrum torch that is burning many places— adopted—because, again, there would disorder to improve our ability to pro- many parts of our body at times, in have been objection tonight and that vide the right kinds of intervention getting this legislation through. Don objection would have carried into the and support. And, we need to provide Imus deserves, certainly, his credit for fall, and with a very short timeframe better integration of the health, edu- taking this issue on in a very public the likelihood of that bill being able to cation, and disability programs already way and, because of what he does on pass this fall and be considered by the available to meet the increased de- the radio, increasing public awareness House and then passed and sent to the mand for these interventions, supports about this disorder and making a con- President would have been highly un- and services. tribution to this effort that we are see- likely—so I was able to negotiate with ing successful tonight. But also the ef- this Senator to reduce the level of au- I believe the ‘‘Combating Autism fort improving awareness of this order. thorization, the increase, from $100 Act’’ is an important step toward ad- dressing these needs and finding some I am happy to yield to Senator DODD. million in the area of research in the Mr. DODD. Mr. President, I suspect NIH to $200 million—which is what the solutions that will improve the lives of that Don Imus is so dedicated to rais- bill calls for—from $100 million to $150 individuals and families whose daily ing awareness of this issues because of million. Instead of the research going lives have been turned upside down by the work of his wife. That is why he up $20 million a year for 5 years up to autism spectrum disorder. does this, more than anything else. We $200 million in the final year, it will go This bill is the result of a tremen- are delighted to have both of their sup- up at $10 million a year to $150 million dous amount of work across party port and commitment to this impor- in the final year. Again, still a sizable lines. I want to thank the original bill tant issue. increase. cosponsors, Senators SANTORUM and On my own staff, I wish to thank Jim It is a 50 percent increase in funding DODD for introducing this legislation Fenton, Tamar Magarik, and Elizabeth over 5 years in the authorization. If and for working with me to fine-tune Hoffman; Jen Vesey with Senator you look at what we are doing here in it. I would also like to express my deep SANTORUM; Shana Christrup and Steve the Senate these days, we are not in- appreciation and thanks to the ranking Northrup of Chairman ENZI’s staff, and creasing funding for many programs at member, Senator KENNEDY, for his hard Caya Lewis with Ranking Member 50 percent. So it is not all we had work during this process. Of course, in KENNEDY’s staff. hoped, not all we had wanted, but it is providing thanks to the members, I We have had some wonderful people better than nothing. Unfortunately, would be remiss if I did not mention on all sides work on this, and I am with the late hour of this bill being the staff. Specifically, I want to thank pleased to recognize them and add brought up, nothing was a real alter- Jen Vesey with Senator SANTORUM; their names to the RECORD. native and not a pleasant one. Jim Fenton, Ben Berwick, Tamar The PRESIDING OFFICER. The Sen- As a result, that is the amendment Magarik, and Elizabeth Hoffman with ator from Pennsylvania. we will be considering here in a mo- Senator DODD, and Caya Lewis with Mr. SANTORUM. Mr. President, I ment. After the amendment is adopted, Senator KENNEDY’s office, as well as earlier thanked my staff member, Jen then the bill will be passed. We will my staff—Steve Northrup, Aaron Vesey, and I want to reiterate that. I send the bill over to the House and Bishop, Tec Chapman, Martina Bebin, really cannot tell you how much credit hope that when the House returns in and Shana Christrup. she deserves for this legislation and the September and is willing to bring up I also want to thank the various enormous amount of time she spent in this legislation, pass it as it is, and groups and individuals who work on be- pulling this altogether. As Senator send it on to the President so we can half of individuals and families affected DODD mentioned staff again, I thought get moving on finding a cure for the by autism spectrum disorder. I appre- it was important for everyone who is autism spectrum disorder. ciate the way in which this community working out there in the autism com- Mr. ENZI. Mr. President, I rise today of advocates has come together to munity to understand what a champion in support of S. 843, the Combating Au- work with me and my colleagues on you have in Jen Vesey, who is on my tism Act. I am pleased to note that the this. If they had not worked together staff. Senate will pass this bill today. so well—with each other and with us as I ask unanimous consent that Sen- This legislation, which was recently our Committee worked on this bill—I ator CHAMBLISS and Senator THUNE be reported out of the Senate Health, Edu- doubt we would be here today. added as cosponsors to the legislation. cation, Labor, and Pensions Com- The PRESIDING OFFICER. Without mittee, focuses on expanding autism Mr. SANTORUM. Mr. President, first objection, it is so ordered. spectrum disorder research and coordi- let me express my sincere gratitude to Mr. SANTORUM. Mr. President, I un- nation at the National Institutes of Chairman ENZI and your staff for in- derstand there is an amendment at the Health, NIH. It also increases aware- vesting so much time and thoughtful desk. Let me explain what this amend- ness of autism spectrum disorder and effort in this important legislation, as ment does before I ask consent it be its symptoms through the Centers for well as thank Senators DODD and KEN- adopted and the bill be passed, because Disease Control and Prevention, CDC. NEDY, and their staffs. Few things are I know people are going to hear that Additionally, the bill integrates our more important than the health and this bill passed and passed with an various health, education, and dis- happiness of our Nation’s children, and amendment and they are going to won- ability programs that serve individuals the Combating Autism Act will go a der what the amendment is and wheth- and families affected by autism spec- long way to helping those diagnosed er this does anything to change the trum disorder and ensures that the with autism live up to their full poten- bill. community of people affected by this tial. We have a tremendous oppor- The amendment is as a result of one disorder have a voice in all of this. tunity to make a real difference in the of the bumps that we ran into tonight, No one knows exactly how many in- lives of children with autism and their trying to get this bill passed unani- dividuals are affected by autism spec- families. This Federal investment will mously. It is not easy to get the Senate trum disorder, but some studies sug- lead to better understanding of autism, to do anything unanimously, particu- gest it could be as high as 1 out of increase awareness, diagnosis and larly anything complex, and this is a every 166 American individuals. intervention—all things that will make very lengthy piece of legislation that But there are many things we do a profound impact on families strug- has a lot of complexity to it. know about autism spectrum disorder. gling for answers and hope. We had one issue brought up by a We know we need to begin intervention Autism raises complex and emotional Member with respect to the increase in as early as possible to help individuals issues. All of us who worked so hard on

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8772 CONGRESSIONAL RECORD — SENATE August 3, 2006 this legislation sought to keep the pri- I also want to note that this broad The PRESIDING OFFICER (Mr. mary focus of the bill on autism re- statement is appropriately limited to BURR). Without objection, it is so or- search and awareness. However, in ad- biomedical and not epidemiological re- dered. dressing the key issues within S. 843, search. Although S. 843 provides for The amendment (No. 4878) was agreed some have raised concerns regarding a specific centers of excellence to exam- to, as follows: potential link between vaccines, vac- ine epidemiological issues related to On page 39, line 20, strike ‘‘2007’’ through cine components, such as thimerosal, autism spectrum disorder, there is cur- page 40, line 5 and insert: and autism. Can the Chairman clarify rently no expectation that the Centers ‘‘(A) $68,000,000 for fiscal year 2007, his position on this issue? for Disease Control and Prevention $74,500,000 for fiscal year 2008, $81,000,000 for Mr. ENZI. Mr. President, I am happy should further pursue additional epide- fiscal year 2009, $87,500,000 for fiscal year to do so. In 2004 the Institute of Medi- miological research regarding the link 2010, and $94,000,000 for fiscal year 2011, to cine’s Immunization Safety Review between autism spectrum disorder and carry out subsections (a), (b), and (d); Committee concluded that the body of vaccines or vaccine components, unless ‘‘(B) $24,000,000 for fiscal year 2007, epidemiological evidence ‘‘favors rejec- $30,500,000 for fiscal year 2008, $37,000,000 for new biomedical research provides addi- fiscal year 2009, $43,500,000 for fiscal year tion of a causal relationship between tional information about specific at- 2010, and $50,000,000 for fiscal year 2011, to the MMR vaccine and autism spectrum risk subpopulations. At this point, carry out subsection (c)(1); and disorder’’ and also ‘‘favors rejection of given what we know and what has al- The committee amendment in the a causal relationship between thimer- ready been done in this area, no new nature of a substitute, as amended, was osal-containing vaccines and autism epidemiological research is required. agreed to. spectrum disorder.’’ The IOM com- Mr. SANTORUM. I agree with the The bill was ordered to be engrossed mittee also found that ‘‘potential bio- comments of the chairman. I thank for a third reading, was read the third logical mechanisms for vaccine-in- him for clarifying, and again for all of time, and passed, as follows: duced autism spectrum disorder that his hard work on this legislation. S. 843 have been generated to date are theo- Mr. KENNEDY. I also agree with the Be it enacted by the Senate and House of Rep- retical only.’’ comments of the chairman. However, the IOM committee also ac- resentatives of the United States of America in Mr. DODD. As my colleagues are well Congress assembled, knowledged that ‘‘[a]bsent biomarkers, aware, the prevalence of ASD in the well-defined risk factors, or large effect SECTION 1. SHORT TITLE. U.S. is 10 times greater than a decade sizes, the committee cannot rule out, This Act may be cited as the ‘‘Combating ago. In my own State of Connecticut, Autism Act of 2006’’. based on the epidemiological evidence, ASD diagnoses have increased by close the possibility that vaccines contribute SEC. 2. ACTIVITIES TO IMPROVE AUTISM-RE- to 1100 percent since 1993. What these LATED RESEARCH. to autism spectrum disorder in some numbers tell us is that ASD diagnoses Section 409C of the Public Health Service small subset or very unusual cir- are rising at truly alarming rates and Act (42 U.S.C. 284g) is amended to read as fol- cumstances.’’ The IOM committee also we simply must provide more answer lows: noted that ‘‘experiments showing ef- to all those affected by this dev- ‘‘SEC. 409C. AUTHORITY OF THE DIRECTOR OF fects of thimerosal on biochemical astating condition. THE NATIONAL INSTITUTES OF pathways in cell culture systems and HEALTH RELATING TO AUTISM. showing abnormalities in the immune We must also create a larger pool of ‘‘(a) STRATEGIC PLAN FOR AUTISM RE- system or metal metabolism in people experts in the field so that families can SEARCH.— with autism spectrum disorder are pro- be directed to nearby specialty clinics ‘‘(1) IN GENERAL.—The Secretary, acting through the Director, shall develop and im- vocative,’’ and suggested that ‘‘the au- for confirmation of diagnosis, care and services. Waiting lists at the Nation’s plement a strategic plan for the conduct and tism spectrum disorder research com- support of research related to autism spec- munity should consider the appropriate top developmental disability centers are as long as 2 to 3 years, and families trum disorder. composition of the autism spectrum ‘‘(2) REQUIREMENTS.—The strategic plan de- disorder research portfolio with some are often forced to travel far from veloped under paragraph (1)— of these new findings in mind.’’ home to receive needed care and to ‘‘(A) shall— I agree with the IOM committee’s participate in clinical research studies. ‘‘(i) be updated annually; recommendation that ‘‘available fund- Increasing the number of trained phy- ‘‘(ii) take into account the research rec- ing for autism spectrum disorder re- sicians and allied health professionals ommendations of the Interagency Autism who can provide a medical home for in- Coordinating Committee under section search be channeled to the most prom- 399CC; and ising areas.’’ The HELP Committee re- dividuals with ASD will enable all those affected to receive the optimal ‘‘(iii) using professional judgment, outline ported this bill without making the de- the proposed budgetary requirements of the termination for the autism spectrum and timely care that they deserve. strategic plan, including specific funding ex- disorder research community of what It is my sincere hope and expectation pectations for continued multi-year program are the ‘‘most promising areas’’ for in- that by expanding the federal response activities, as well as new and complementary vestigation. Instead, the bill reported to ASD and other developmental dis- program activities, subject to the avail- by the HELP Committee contemplates abilities through the Combating Au- ability of appropriations; and ‘‘(B) may include investigator-initiated re- key research activities, including envi- tism Act, we will see improved re- search on ASD, including its causes, search. ronmental research, that focus on a ‘‘(3) REPORT.—Not later than April 1, 2008, broad range of potential contributing and families across America will get and annually thereafter, the Secretary, act- factors, with meaningful public in- the services they so urgently need. In ing through the Director, shall prepare and volvement and advice in setting the re- our search for the cause of this growing submit to the appropriate committees of search agenda. developmental disability, we should Congress a report that contains— However, I want to be clear that, for close no doors on promising avenues of ‘‘(A) the strategic plan under paragraph (1) the purposes of biomedical research, no research. Through the Combating Au- that will be applicable to the upcoming fis- research avenue should be eliminated, tism Act, all biomedical research op- cal year; and portunities on ASD can be pursued, and ‘‘(B) a description of the actual dollar ex- including biomedical research exam- penditures for autism spectrum disorder dur- ining potential links between vaccines, they include environmental research ing the previous fiscal year. vaccine components, and autism spec- examining potential links between vac- ‘‘(b) EXPANSION, INTENSIFICATION, AND CO- trum disorder. Thus, I hope that the cines, vaccine components and ASD. ORDINATION OF ACTIVITIES.—The Secretary, National Institutes of Health will con- Mr. SANTORUM. I ask unanimous acting through the Director, shall, subject to sider broad research avenues into this consent that the amendment at the the availability of appropriations, expand, critical area, within the Autism Cen- desk be agreed to, the committee-re- intensify, and coordinate the activities of ters of Excellence as well as the Cen- ported amendment, as amended, be the National Institutes of Health with re- spect to autism spectrum disorder. ters of Excellence for Environmental agreed to, the bill, as amended, be read ‘‘(c) CENTERS OF EXCELLENCE.— Health and Autism. No stone should re- a third time and passed, and the mo- ‘‘(1) AUTISM CENTERS OF EXCELLENCE.— main unturned in trying to learn more tion to reconsider be laid upon table ‘‘(A) IN GENERAL.—The Secretary, acting about this baffling disorder, especially and that any statements relating to through the Director, shall, subject to the given how little we know. the bill be printed in the RECORD. availability of appropriations, award grants

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or contracts to public or nonprofit private ‘‘(C) COORDINATION AND ORGANIZATION.—The ‘‘PART R—PROGRAMS RELATING TO entities to assist such entities in paying all Secretary, acting through the Director of AUTISM or part of the costs of planning, establishing, NIH, shall apply to the centers under this ‘‘SEC. 399AA. DEVELOPMENTAL DISABILITIES improving, and providing basic operating paragraph the same requirements concerning SURVEILLANCE AND RESEARCH support for centers of excellence concerning coordination, reporting, and organization as PROGRAM. research on autism spectrum disorder. the requirements applied to the centers of ‘‘(a) AUTISM SPECTRUM DISORDER AND ‘‘(B) RESEARCH ACTIVITIES.—A center of ex- excellence under subparagraphs (D), (E), (F), OTHER DEVELOPMENTAL DISABILITIES.— cellence that receives funding under this and (G) of paragraph (1). ‘‘(1) IN GENERAL.—The Secretary, acting paragraph shall conduct basic and clinical ‘‘(d) COLLECTION AND STORAGE OF DATA.— through the Director of the Centers for Dis- research into autism spectrum disorder. ‘‘(1) IN GENERAL.—The Secretary, acting ease Control and Prevention, may award Such research shall— through the Director and in coordination grants or cooperative agreements to eligible ‘‘(i) be conducted in the fields of develop- with the Director of the Centers for Disease entities for the collection, analysis, and re- mental neurobiology, genetics, epigenetics, Control and Prevention, shall, subject to the porting of State epidemiological data on au- pharmacology, nutrition, immunology, availability of appropriations, establish and tism spectrum disorder and other develop- neuroimmunology, neurobehavioral develop- provide funding for mechanisms and entities mental disabilities. An eligible entity shall ment, endocrinology, gastroenterology, that provide for the collection, storage, co- assist with the development and coordina- psychopharmacology, or toxicology; and ordination, and public availability of data tion of State autism spectrum disorder and ‘‘(ii) include investigations into the causa- that is collected by the centers of excellence other developmental disability surveillance tion, diagnosis or rule out, early detection, under this section, under section 399AA(b), efforts within a region. In making such prevention, services, supports, or interven- and under section 409C(c) and, to the extent awards, the Secretary may provide direct tion of autism spectrum disorder. possible, data generated from public and pri- technical assistance in lieu of cash. ‘‘(C) SERVICES.— vate research partnerships. In establishing ‘‘(2) DATA STANDARDS.—In submitting epi- ‘‘(i) IN GENERAL.—A center of excellence such mechanisms and entities, the Sec- demiological data to the Secretary pursuant that receives funding under this paragraph retary— to subsection (a), an eligible entity shall re- may expend amounts provided under a grant ‘‘(A) shall ensure that there is data sharing port data according to guidelines prescribed or contract under such paragraph to carry among autism spectrum disorder research- by the Director of the Centers for Disease out a program to make individuals aware of ers; and Control and Prevention, after consultation opportunities to participate as subjects in ‘‘(B) may utilize existing facilities. with relevant State and local public health research conducted by the center. ‘‘(2) FACILITATION OF RESEARCH.— officials, private sector developmental dis- ‘‘(ii) REFERRALS AND COSTS.—A program ‘‘(A) ESTABLISHMENT OF PROGRAM.—The ability researchers, and advocates for indi- carried out under clause (i) may, in accord- Secretary shall establish a program under viduals with autism spectrum disorder or ance with such criteria as the Director may which samples of tissues and genetic and other developmental disabilities. establish, provide to the subjects described other biological materials that are of use in ‘‘(3) ELIGIBILITY.—To be eligible to receive in such clause, referrals for health and other research on autism spectrum disorder are do- an award under paragraph (1), an entity shall services and reimbursement of care for indi- nated, collected, preserved, and made avail- be a public or nonprofit private entity (in- viduals as are required for such research. able for such research. cluding a health department of a State or a ‘‘(iii) AVAILABILITY AND ACCESS.—The ex- ‘‘(B) ACCEPTED SCIENTIFIC STANDARDS.—The political subdivision of a State, a university, tent to which a center of excellence that re- program established under paragraph (1) or any other educational institution), and ceives funding under this paragraph can shall be— submit to the Secretary an application at demonstrate the availability of and access to ‘‘(i) carried out in accordance with accept- such time, in such manner, and containing clinical services shall be considered by the ed scientific and medical standards for the such information as the Secretary may re- Director in making decisions concerning the donation, collection, and preservation of quire. awarding of grants or contracts to applicants such samples; and ‘‘(b) CENTERS OF EXCELLENCE IN AUTISM that meet the scientific criteria for funding ‘‘(ii) conducted so that the tissues and SPECTRUM DISORDER EPIDEMIOLOGY.— under this section. other materials saved, as well as any data- ‘‘(1) IN GENERAL.—The Secretary, acting ‘‘(D) COORDINATION OF CENTERS OF EXCEL- base compiled from such tissues and mate- through the Director of the Centers for Dis- LENCE.—The Director shall provide for the rials, are available to researchers at a rea- ease Control and Prevention, shall, subject appropriate coordination of information sonable cost and on an expedited basis. to the availability of appropriations, award among centers of excellence that receive grants or cooperative agreements for the es- ‘‘(e) CONSOLIDATION.—The Secretary, act- funding under this paragraph and ensure reg- tablishment of regional centers of excellence ular communication between such centers. ing through the Director, may consolidate in autism spectrum disorder and other devel- ‘‘(E) ORGANIZATION.—A center of excellence program activities under this section if such opmental disabilities epidemiology for the that receives funding under this paragraph consolidation would improve program effi- purpose of collecting and analyzing informa- shall use the facilities of a single institution, ciencies and outcomes. tion on the number, incidence, correlates or be formed through a consortium of co- ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— and causes of autism spectrum disorder and operating institutions, that meets such re- ‘‘(1) IN GENERAL.—There is authorized to be other developmental disabilities. quirements as may be required by the Direc- appropriated— ‘‘(2) REQUIREMENTS.—To be eligible to re- tor. ‘‘(A) $68,000,000 for fiscal year 2007, ceive a grant or cooperative agreement ‘‘(F) DURATION.—The term of a grant or $74,500,000 for fiscal year 2008, $81,000,000 for under paragraph (1), an entity shall submit contract awarded under this paragraph shall fiscal year 2009, $87,500,000, for fiscal year to the Secretary an application containing not exceed a period of 5 years. Such period 2010, and $94,000,000 for fiscal year 2011, to such agreements and information as the Sec- may be extended for 1 or more additional pe- carry out subsections (a), (b), and (d); retary may require, including an agreement riods not exceeding 5 years if the operations ‘‘(B) $24,000,000 for fiscal year 2007, that the center to be established under the of the center of excellence involved have $30,500,000 for fiscal year 2008, $37,000,000 for grant or cooperative agreement shall operate been reviewed by an appropriate technical fiscal year 2009, $43,500,000 for fiscal year in accordance with the following: and scientific peer review group established 2010, and $50,000,000 for fiscal year 2011, to ‘‘(A) The center will collect, analyze, and by the Director and the group has rec- carry out subsection (c)(1); and report autism spectrum disorder and other ommended to the Director the extension of ‘‘(C) $6,000,000 for fiscal year 2007, $7,500,000 developmental disability data according to such period. for fiscal year 2008, $9,000,000 for fiscal year guidelines prescribed by the Director of the ‘‘(G) GEOGRAPHIC DIVERSITY.—The Director 2009, $10,500,000 for fiscal year 2010, and Centers for Disease Control and Prevention, shall consider geographic diversity in award- $12,000,000 for fiscal year 2011, to carry out after consultation with relevant State and ing centers of excellence. subsection (c)(2). local public health officials, private sector ‘‘(2) CENTERS OF EXCELLENCE IN ENVIRON- ‘‘(2) GENERAL USAGE.—Of the amounts ap- developmental disability researchers, and MENTAL HEALTH AND AUTISM.— propriated under subparagraphs (B) and (C) advocates for individuals with develop- ‘‘(A) IN GENERAL.—The Director shall, sub- of paragraph (1), not to exceed 5 percent of mental disabilities. ject to the availability of appropriations, such amounts may be utilized by the Na- ‘‘(B) The center will develop or extend an award grants or contracts to public or non- tional Institutes of Health for administra- area of special research expertise (including profit private entities to pay all or part of tive and other expenses. genetics, epigenetics, epidemiological re- the cost of planning, establishing, improv- search related to environmental exposures), ing, and providing basic operating support ‘‘(g) SUNSET.—This section shall not apply immunology, and other relevant research for centers of excellence regarding environ- after September 30, 2011.’’. specialty areas. mental health and autism spectrum disorder. ‘‘(C) The center will identify eligible cases SEC. 3. DEVELOPMENTAL DISABILITIES SURVEIL- ‘‘(B) RESEARCH.—A center of excellence es- LANCE AND RESEARCH PROGRAM. and controls through its surveillance system tablished under this paragraph shall conduct and conduct research into factors which may basic and clinical research of a broad array (a) IN GENERAL.—Title III of the Public cause or increase the risk of autism spec- of environmental factors that may have a Health Service Act (42 U.S.C. 241 et seq.) is trum disorder and other developmental dis- possible role in autism spectrum disorder. amended by adding at the end the following: abilities.

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‘‘(c) FEDERAL RESPONSE.—The Secretary tics, identification, diagnosis or rule out, curriculum for continuing education to as- shall coordinate the Federal response to re- and evidence-based interventions to meet sist individuals in recognizing the need for quests for assistance from State health, the needs of individuals with autism spec- valid and reliable screening tools and the use mental health, and education department of- trum disorder or other developmental dis- of such tools. ficials regarding potential or alleged autism abilities and their families through— ‘‘(2) COLLECTION, STORAGE, COORDINATION, spectrum disorder or developmental dis- ‘‘(A) Federal programs, including— AND AVAILABILITY.—The Secretary, in col- ability clusters. ‘‘(i) the Head Start program; laboration with the Secretary of Education, ‘‘(d) DEFINITIONS.—In this part: ‘‘(ii) the Early Start program; shall provide for the collection, storage, co- ‘‘(1) OTHER DEVELOPMENTAL DISABILITIES.— ‘‘(iii) the Healthy Start program; ordination, and public availability of tools ‘‘(iv) programs under the Child Care and The term ‘other developmental disabilities’ described in paragraph (1), educational mate- has the meaning given the term ‘develop- Development Block Grant Act of 1990; rials and other products that are used by the mental disability’ in section 102(8) of the De- ‘‘(v) programs under title XIX of the Social Federal programs referred to in subsection velopmental Disabilities Assistance and Bill Security Act (particularly the Medicaid (c)(1)(A), as well as— of Rights Act of 2000 (42 U.S.C. 15002(8)). Early and Periodic Screening, Diagnosis and ‘‘(A) programs authorized under the Devel- ‘‘(2) STATE.—The term ‘State’ means each Treatment Program); of the several States, the District of Colum- ‘‘(vi) the program under title XXI of the opmental Disabilities Assistance and Bill of bia, the Commonwealth of Puerto Rico, Social Security Act (the State Children’s Rights Act of 2000; American Samoa, Guam, the Commonwealth Health Insurance Program); ‘‘(B) early intervention programs or inter- of the Northern Mariana Islands, the Virgin ‘‘(vii) the program under title V of the So- agency coordinating council’s authorized Islands, and the Trust Territory of the Pa- cial Security Act (Maternal and Child Health under part C of the Individuals with Disabil- cific Islands. Block Grant Program); ities Education Act; and ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(viii) the program under parts B and C of ‘‘(C) children with special health care To carry out this section, there is authorized the Individuals with Disabilities Education needs programs authorized under title V of to be appropriated, $15,000,000 for fiscal year Act; the Social Security Act. 2007, and such sums as may be necessary for ‘‘(ix) the special supplemental nutrition ‘‘(3) REQUIRED SHARING.—In establishing each of fiscal years 2008 through 2011. program for women, infants, and children es- mechanisms and entities under this sub- ‘‘(f) SUNSET.—This section shall not apply tablished under section 17 of the Child Nutri- section, the Secretary, and the Secretary of after September 30, 2011. tion Act of 1966 (42 U.S.C. 1786); and Education, shall ensure the sharing of tools, ‘‘SEC. 399BB. AUTISM EDUCATION, EARLY DETEC- ‘‘(x) the State grant program under the Re- materials, and products developed under this TION, AND INTERVENTION. habilitation Act of 1973. subsection among entities receiving funding ‘‘(B) State licensed child care facilities; ‘‘(a) PURPOSE.—It is the purpose of this under this section. section— and ‘‘(1) to increase awareness, reduce barriers ‘‘(C) other community-based organizations ‘‘(e) DIAGNOSIS.— to screening and diagnosis, promote evi- or points of entry for individuals with au- ‘‘(1) TRAINING.—The Secretary, in coordi- dence-based interventions for individuals tism spectrum disorder and other develop- nation with activities conducted under title with autism spectrum disorder or other de- mental disabilities to receive services. V of the Social Security Act, shall, subject velopmental disabilities, and train profes- ‘‘(2) LEAD AGENCY.— to the availability of appropriations, expand sionals to utilize valid and reliable screening ‘‘(A) DESIGNATION.—The governor of a existing interdisciplinary training opportu- tools to diagnose or rule out and provide evi- State shall designate a public agency as a nities or opportunities to increase the num- dence-based interventions for children with lead agency to coordinate the activities pro- ber of sites able to diagnose or rule out indi- autism spectrum disorder and other develop- vided for under paragraph (1) in the State at viduals with autism spectrum disorder or mental disabilities; and the State level. other developmental disabilities and ensure ‘‘(2) to conduct activities under this sec- ‘‘(B) INFORMATION.—The Governor or a that— tion with a focus on an interdisciplinary ap- State, acting through the lead agency under ‘‘(A) competitive grants or cooperative proach (as defined in programs developed subparagraph (A), shall make available to in- agreements are awarded to public or non- under section 501(a)(2) of the Social Security dividuals and their family members, guard- profit agencies, including institutions of Act) that will also focus on specific issues for ians, advocates, or authorized representa- higher education, to expanding existing or children who are not receiving an early diag- tives, providers, and other appropriate indi- develop new maternal and child health inter- nosis and subsequent interventions. viduals in the State, comprehensive cul- disciplinary leadership education in ‘‘(b) IN GENERAL.—The Secretary shall, turally competent information about State neurodevelopmental and related disabilities subject to the availability of appropriations, and local resources regarding autism spec- programs (similar to the programs developed establish and evaluate activities to— trum disorder and other developmental dis- under section 501(a)(2) of the Social Security ‘‘(1) provide information and education on abilities, risk factors, characteristics, identi- Act) in States that do not have such a pro- autism spectrum disorder and other develop- fication, diagnosis or rule out, available gram; mental disabilities to increase public aware- services and supports, and evidence-based ‘‘(B) trainees under such training pro- ness of developmental milestones; interventions. Such information shall be pro- grams— ‘‘(2) promote research into the develop- vided through— ‘‘(i) receive an appropriate balance of aca- ment and validation of reliable screening ‘‘(i) toll-free telephone numbers; tools for autism spectrum disorder and other ‘‘(ii) Internet websites; demic, clinical, and community opportuni- developmental disabilities and disseminate ‘‘(iii) mailings; or ties; information regarding those screening tools; ‘‘(iv) other means as the Governor may re- ‘‘(ii) are culturally competent; ‘‘(3) promote early screening of individuals quire. ‘‘(iii) are ethnically diverse; at higher risk for autism spectrum disorder ‘‘(C) REQUIREMENTS OF AGENCY.—In desig- ‘‘(iv) demonstrate a capacity to evaluate, and other developmental disabilities as early nating the lead agency under subparagraph diagnose or rule out, develop, and provide as practicable, given evidence-based screen- (A), the Governor shall— evidence-based interventions to individuals ing techniques and interventions; ‘‘(i) select an agency that has dem- with autism spectrum disorder and other de- ‘‘(4) increase the number of individuals onstrated experience and expertise in— velopmental disabilities; and who are able to confirm or rule out a diag- ‘‘(I) autism spectrum disorder and other ‘‘(v) demonstrate an ability to use a fam- nosis of autism spectrum disorder and other developmental disability issues; and ily-centered approach; and developmental disabilities; ‘‘(II) developing, implementing, con- ‘‘(C) program sites provide culturally com- ‘‘(5) increase the number of individuals ducting, and administering programs and de- petent services. able to provide evidence-based interventions livering education, information, and referral ‘‘(2) TECHNICAL ASSISTANCE.—The Secretary for individuals diagnosed with autism spec- services (including technology-based cur- may award one or more grants under this trum disorder or other developmental dis- riculum-development services) to individuals section to provide technical assistance to the abilities; and with developmental disabilities and their network of interdisciplinary training pro- ‘‘(6) promote the use of evidence-based family members, guardians, advocates or au- grams. interventions for individuals at higher risk thorized representatives, providers, and ‘‘(3) BEST PRACTICES.—The Secretary shall for autism spectrum disorder and other de- other appropriate individuals locally and promote research into additional valid and velopmental disabilities as early as prac- across the State; and reliable tools for shortening the time re- ticable. ‘‘(ii) consider input from individuals with quired to confirm or rule out a diagnosis of ‘‘(c) INFORMATION AND EDUCATION.— developmental disabilities and their family autism spectrum disorder or other develop- ‘‘(1) IN GENERAL.—In carrying out sub- members, guardians, advocates or authorized mental disabilities and detecting individuals section (b)(1), the Secretary, in collaboration representatives, providers, and other appro- with autism spectrum disorder or other de- with the Secretary of Education and the Sec- priate individuals. velopmental disabilities at an earlier age. retary of Agriculture, shall, subject to the ‘‘(d) TOOLS.— availability of appropriations, provide cul- ‘‘(1) IN GENERAL.—To promote the use of ‘‘(f) INTERVENTION.—The Secretary shall turally competent information regarding au- valid and reliable screening tools for autism promote research, through grants or con- tism spectrum disorder and other develop- spectrum disorder and other developmental tracts, to determine the evidence-based prac- mental disabilities, risk factors, characteris- disabilities, the Secretary shall develop a tices for interventions for individuals with

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2006 CONGRESSIONAL RECORD — SENATE S8775 autism spectrum disorder or other develop- ‘‘(2) Members of the Committee appointed tism spectrum disorder or other develop- mental disabilities, develop guidelines for under subsection (c)(2) shall serve for a term mental disabilities; those interventions, and disseminate infor- of 4 years, and may be reappointed for one or ‘‘(7) information on the effectiveness and mation related to such research and guide- more additional 4 year term. Any member outcomes of interventions for individuals di- lines. appointed to fill a vacancy for an unexpired agnosed with autism spectrum disorder, in- ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— term shall be appointed for the remainder of cluding by various subtypes, and other devel- To carry out this section, there is authorized such term. A member may serve after the ex- opmental disabilities and how the age of the to be appropriated, $32,000,000 for fiscal year piration of the member’s term until a suc- child may affect such effectiveness; 2007, $37,000,000 for fiscal year 2008, $42,000,000 cessor has taken office. ‘‘(8) information on the effectiveness and for fiscal year 2009, $47,000,000 for fiscal year ‘‘(3) The Committee shall meet at the call outcomes of innovative and newly developed 2010, and $52,000,000 for fiscal year 2011, of of the chairperson or upon the request of the intervention strategies for individuals with which— Secretary. The Committee shall meet not autism spectrum disorder or other develop- ‘‘(1) $5,000,000 shall be made available in fewer than 2 times each year. mental disabilities; and each fiscal year for activities described in ‘‘(4) All meetings of the Committee shall ‘‘(9) information on services and supports subsection (c); and be public and shall include appropriate time provided to individuals with autism spec- ‘‘(2) $3,000,000 shall be made available in periods for questions and presentations by trum disorder and other developmental dis- fiscal year 2007, $6,000,000 in fiscal year 2008, the public. abilities who have reached the age of major- $9,000,000 in fiscal year 2009, $12,000,000 in fis- ‘‘(e) COMPENSATION AND EXPENSES.—Mem- ity (as defined for purposes of section 615(m) cal year 2010, and $15,000,000 in fiscal year bers of the Committee who are officers or of the Individuals with Disabilities Edu- 2011, for activities described in subsection (f). employees of the Federal Government shall cation Act (20 U.S.C. 1415(m)).’’. ‘‘(h) SUNSET.—This section shall not apply serve as members of the Committee without (b) REPEALS.—The following sections of the after September 30, 2011. compensation in addition to that received in Children’s Health Act of 2000 (Public Law ‘‘SEC. 399CC. INTERAGENCY AUTISM COORDI- their regular government employment. 106–310) are repealed: NATING COMMITTEE. Other members of the Committee shall re- (1) Section 101 (42 U.S.C. 247b–4a) relating ‘‘(a) ESTABLISHMENT.—The Secretary shall ceive compensation at rates not to exceed to research activities at the National Insti- establish a committee, to be known as the the daily equivalent of the annual rate in ef- tutes of Health. ‘Interagency Autism Coordinating Com- fect for grade GS–18 of the General Schedule (2) Section 102 (42 U.S.C. 247b–4b) relating mittee’ (in this section referred to as the for each day (including travel time) they are to the Developmental Disabilities Surveil- ‘Committee’), to coordinate all efforts with- engaged in the performance of their duties as lance and Research Program. in the Department of Health and Human members of the Committee. (3) Section 103 (42 U.S.C. 247b–4c) relating Services concerning autism spectrum dis- ‘‘(f) SUBCOMMITTEES; ESTABLISHMENT AND to information and education. order. MEMBERSHIP.—In carrying out its functions, (4) Section 104 (42 U.S.C. 247b–4d) relating ‘‘(b) RESPONSIBILITIES.—In carrying out its the Committee may establish subcommittees to the Inter-Agency Autism Coordinating duties under this section, the Committee and convene workshops and conferences. Committee. shall— Such subcommittees shall be composed of (5) Section 105 (42 U.S.C. 247b–4e) relating ‘‘(1) make recommendations concerning Committee members and may hold such to reports. the strategic plan described in section meetings as are necessary to enable the sub- 409C(a); committees to carry out their duties. Mr. SANTORUM. I thank the Chair. ‘‘(2) develop and annually update advances ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— For the information of those who in autism spectrum disorder research related To carry out this section, there is authorized might be listening, the bill is now to causes, early screening, diagnosis or rule to be appropriated, such sums as may be nec- passed and we are off to the House with out, intervention, and access to services and essary for each of fiscal years 2007 through great hope that this fall will bring us supports for individuals with autism spec- 2011. successful passage there and final ac- ‘‘(h) SUNSET.—This section shall not apply trum disorder; and tion by the President sometime in Sep- ‘‘(3) make recommendations to the Sec- after September 30, 2011 and the Committee retary regarding the public participation in shall be terminated on such date. tember. decisions relating to autism spectrum dis- ‘‘SEC. 399DD. REPORT TO CONGRESS. I yield the floor. order. ‘‘(a) IN GENERAL.—Not later than 4 years ‘‘(c) MEMBERSHIP.— after the date of enactment of the Com- f ‘‘(1) IN GENERAL.—The Committee shall be bating Autism Act of 2006, the Secretary, in composed of— coordination with the Secretary of Edu- UNANIMOUS CONSENT REQUEST— ‘‘(A) the Director of the Centers for Dis- cation, shall prepare and submit to the S. 3765 ease Control and Prevention; Health, Education, Labor, and Pensions ‘‘(B) the Director of the National Insti- Committee of the Senate and the Energy and Mr. DURBIN. Mr. President, I see the tutes of Health, and the Directors of such na- Commerce Committee of the House of Rep- majority leader is on the floor. I will tional research institutes of the National In- resentatives a progress report on activities make a unanimous consent request. I stitutes of Health as the Secretary deter- related to autism spectrum disorder and would like to very briefly describe mines appropriate; other developmental disabilities. what I am about to request. ‘‘(C) the heads of such other agencies as ‘‘(b) CONTENTS.—The report submitted the Secretary determines appropriate; under subsection (a) shall contain— I have filed S. 3765, along with Sen- ‘‘(D) representatives of other Federal Gov- ‘‘(1) a description of the progress made in ator SUNUNU as my cosponsor, as well ernmental agencies that serve individuals implementing the provisions of the Com- as Senator FEINGOLD and Senator STA- with autism spectrum disorder such as the bating Autism Act of 2006; BENOW. Department of Education; and ‘‘(2) a description of the amounts expended This is a bill that is very timely and ‘‘(E) the additional members appointed on the implementation of the particular pro- important. I hope we will be able to under paragraph (2). visions of Combating Autism Act of 2006; have unanimous consent to go forward ‘‘(3) information on the incidence of autism ‘‘(2) ADDITIONAL MEMBERS.—Not fewer than with this bill and pass it this evening. 6 members of the Committee, or 1/3 of the spectrum disorder and trend data of such in- total membership of the Committee, which- cidence since the date of enactment of the It is a bill that has been referred to ever is greater, shall be composed of non-fed- Combating Autism Act of 2006; the Senate Judiciary Committee. eral public members to be appointed by the ‘‘(4) information on the average age of di- I have personally spoken to Senator Secretary, of which— agnosis for children with autism spectrum ARLEN SPECTER, chairman of this com- ‘‘(A) at least one such member shall be an disorder and other disabilities, including how mittee, and told am I was going to individual with a diagnosis of autism spec- that age may have changed over the 4-year make this unanimous consent request trum disorder; period beginning on the date of enactment of this evening. He said he would not ob- this Act; ‘‘(B) at least one such member shall be a ject. Those were his exact words. parent or legal guardian of an individual ‘‘(5) information on the average age for with an autism spectrum disorder; and intervention for individuals diagnosed with Senator LEAHY said the same thing. ‘‘(C) at least one such member shall be a autism spectrum disorder and other develop- The reason I am taking this extraor- representative of leading research, advocacy, mental disabilities, including how that age dinary step is because this is an ex- and service organizations for individuals may have changed over the 4-year period be- traordinary situation. We all know with autism spectrum disorder. ginning on the date of enactment of this Act; what happened in Lebanon today. You ‘‘(d) ADMINISTRATIVE SUPPORT; TERMS OF ‘‘(6) information on the average time be- can’t turn on the news without being SERVICE; OTHER PROVISIONS.—The following tween initial screening and then diagnosis or aware of the war that has consumed provisions shall apply with respect to the rule out for individuals with autism spec- Committee: trum disorder or other developmental dis- both southern Lebanon and many parts ‘‘(1) The Committee shall receive necessary abilities, as well as information on the aver- of northern Israel. and appropriate administrative support from age time between diagnosis and evidence- We realize as well that many people the Secretary. based intervention for individuals with au- are innocent victims on both sides of

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8776 CONGRESSIONAL RECORD — SENATE August 3, 2006 the border, and we realize that the Of course, our State Department and pass this legislation—or even if we do— United States has officially evacuated the Department of Homeland Security I urge Michael Chertoff, Secretary of American citizens from Lebanon be- would retain the authority to review the Homeland Security Department, to cause of the danger. each and every person. If for any rea- grant this status to Lebanon and to do We are also very aware of the fact son some Lebanese visitor to the it immediately—immediately. The peo- that we have asked other Americans United States should not be allowed to ple of Lebanon cannot wait until Con- who remained to remove themselves as remain in the United States, they can gress returns to Washington in Sep- quickly as possible. It is estimated be denied the status. So it is done on a tember. And his immediate action will that 20 to 25 percent of the population case-by-case basis. It offers a protec- save lives and give peace of mind to a of Lebanon has now been displaced. tion, which I think is the humanitarian lot of our friends from Lebanon and to They are refugees—people who have thing to do. their families who live in the United been forced to leave their homes be- Throughout history there have been States. cause of the danger of remaining be- times when in the course of war people I yield the floor. cause of the hostilities that continue have turned refugees from their coun- f between Israel and Hezbollah. try, left their country and turned to The purpose of this legislation is not other countries for refuge. In many in- MORNING BUSINESS new. It is something that has been stances, countries have welcomed them Mr. FRIST. Mr. President, I ask done repeatedly. It grants temporary understanding that that is the right unanimous consent that there now be a protected status to those Lebanese and humane thing to do. In other in- period of morning business with Sen- visitors in the United States who are stances, countries have shunned them. ators permitted to speak for up to 10 legally here on visas which permit Those countries have been embarrassed minutes each. them to be here and which may soon by the history that was written after- The PRESIDING OFFICER. Without expire. When they do, under the law wards. objection, it is so ordered. these people are expected to leave the I am lucky to be a Senator in this Mr. FRIST. Mr. President, during the United States and return to Lebanon. great country, a country which has ex- next probably 20 or 30 minutes we will We have in the past been sensitized tended this generosity and this wel- be working on a number issues which to the fact that sending many of these come time and time again. are coming up unexpectedly at this families from the United States to war- I am urging my colleagues this late hour given the fact that we will be torn countries under these cir- evening to join me in passing this bill, out for 4 weeks. It is a little bit dis- cumstances may in fact endanger those an extraordinary passage by unani- jointed as we pull together a number of families. mous consent so that we can send a these unanimous consent requests. And The United States has many, many clear message to the administration then we have the issue of nominations times in the past said we will grant and to the Lebanese visitors to the and a few more remarks. temporary protected status to visitors United States that we deeply care in the United States to protect them about their safety and their security. f from returning to a dangerous situa- I see the majority leader is on the UNANIMOUS CONSENT REQUEST— tion. floor. I will make the formal unani- S. 3769 It is an act of compassion, an act of mous consent request. humanitarian caring, and I think I ask unanimous consent that the Ju- Mr. FRIST. Mr. President, I ask speaks well of the United States. In the diciary Committee be discharged from unanimous consent that the Com- past we have even granted this status further consideration of S. 3765, the mittee on Foreign Relations be dis- to Lebanese visitors when Lebanon was Lebanese Temporary Protected Status charged from further consideration of at war in the 1990s for the very same bill that has been introduced by my- S. 3769 and the Senate proceed to its reason. self, Senator SUNUNU, Senator FEIN- immediate consideration. I ask unani- Today, there are seven countries GOLD, and Senator STABENOW, that the mous consent that the bill be read a around the world where the United Senate proceed to its immediate con- third time and passed, the motion to States has granted temporary pro- sideration, the bill be read a third time reconsider be laid upon the table, and tected status to visitors from those and passed, and the motion reconsider that any statements relating to the countries in the United States. be laid upon the table without any in- measure be printed in the RECORD. This temporary protected status does tervening action or debate. The PRESIDING OFFICER. Is there not put these visitors on a path to le- The PRESIDING OFFICER. Is there objection? galization or citizenship. It simply al- objection? Mr. DURBIN. Mr. President, reserv- lows them if they wish to stay in the Mr. FRIST. Mr. President, reserving ing the right to object, I am not famil- U.S. while the hostilities continue up right to object, S. 3765 to permit na- iar with this bill. I have been informed to a year. It would be a renewal after tionals being granted temporary pro- by our cloakroom that there are objec- that point. tected status in United States is a bill tions to this from Members who are fa- The reason I offered it at this late that I personally support. And the miliar with the content of the bill and/ hour is because it is a matter of great chairman of the Judiciary Committee or members of the Foreign Relations urgency. It is important that we do commented to the distinguished assist- Committee. I hope those as well can be this in a timely fashion. ant minority leader his support. I just resolved this evening. Absent that hap- As we consider this measure, the received it 15 minutes ago. I am trying pening, I will have to object to this Bush administration is considering to clear it but have not heard back unanimous consent request. whether to do this administratively, from everybody tonight. The PRESIDING OFFICER. Objec- which they can. We have done it legis- Without giving everyone the oppor- tion is heard. latively. It has been done administra- tunity to review it, I am going to have Mr. FRIST. Mr. President, I am dis- tively. to object tonight. appointed that tonight we could not My concern is that tomorrow I am Again, we will see what happens over pass this bill. This is the Cuba Transi- certain some Lebanese visitors to the the next 30 or 40 minutes that we are in tion Act of 2006 which I cosponsored U.S. will find that their visas have ex- tonight. Not having heard back from along with the Senators ENSIGN and pired, and they will face a very dif- everyone, I am unable to verify. So I do MARTINEZ. ficult decision. If they comply with the object. This bill would have authorized as- law and leave, returning to Lebanon, Mr. DURBIN. Mr. President, I under- sistance to the people of Cuba, encour- they could be endangering families and stand. I gave this to the majority lead- aged a democratic election process, and children who are here innocently vis- er maybe 45 minutes ago at most. I cer- created a fund to support independent iting members of their family and tainly didn’t want to try to surprise civil-society-building efforts. friends. We don’t want that to happen. him and mislead him because I think It would have created the Fund For a These poor people from Lebanon, these this is a matter that is very important. Free Cuba which would have provided innocent victims, should not have to I sincerely hope we can clear this to- assistance to a transitional govern- return to this scene. night. If we are unable to clear this and ment in Cuba, and included assistance

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2006 CONGRESSIONAL RECORD — SENATE S8777 to political prisoners and their fami- Senators, but Marty had the ability to Few people remember, though, that lies, other dissidents, independent li- put any Senator at ease. When floor di- Abraham Lincoln was also a Member of braries, youth organizations, workers recting, he spoke to each Senator eas- Congress at one time. Today, August 3, rights activists, agricultural coopera- ily and with warmth, and they trusted in fact, marks the 160th anniversary of tives, associations of the self-em- him. He was never intimidated, but he Abraham Lincoln’s election to a single ployed, journalists, economists, and was always respectful. term in the U.S. House of Representa- medical doctors. Marty can be a bit feisty, but his tives. I also had the privilege of rep- This has been cleared by our side. I bark is much worse than his bite. To resenting the 20th Congressional Dis- believe that the other side, the Demo- those who have gotten to know him, he trict of Illinois as a member of the crats, will have an opportunity to show is warm and caring, too. House for 14 years. solidarity with the Cuban people. We Marty ended where he had started, will try to clear this bill through the working the Senate television shift. In There is a reason few people remem- Senate when we reconvene. 18 years he braved many long days and ber Lincoln’s service in Congress. Mr. DURBIN. Mr. President, if I late nights through the Senate’s al- Frankly, his one term, in the 30th Con- might be allowed to comment as well, ways unpredictable schedule. Through- gress, which sat from December 1847 to as the Senator from Tennessee, the ma- out his time at the studio, Marty could March of 1849, was rather jority leader, describes the bill, it always be counted on to be at his post. unremarkable. He was a young country sounds as if it is one that I gladly and That included his work as chief STV lawyer who served with the likes of wholeheartedly would support. I know audio operator where for most days John Quincy Adams in the House and Senator MARTINEZ has a special inter- during his shift he started up in the Daniel Webster and John Calhoun in est in this issue, having been born in audio booth, assuring that the Sen- the Senate. Most of his colleagues Cuba and then coming to the United ators could always be heard in the viewed him as a Westerner of average States and still with the great love for Chamber and on television. talent. the land where he was born. Marty is the father of 3 grown chil- He was a conscientious and hard- I have spoken to him for the last sev- dren: Tracy, Eric, and Alex. The 3 have working Member, though, which isn’t eral days while there apparently is a been the pride of his life and have be- particularly surprising. He served on transition of power in place there. And come responsible and caring adults. He various committees, he voted on the I know how important this is to him is also the proud grandfather of two. floor of the House in nearly all of the personally and to so many other people His marriage to Darlene has brought rollcall votes during his term, and he of Cuban dissent who live in the United him much happiness. Both share the corresponded faithfully with his con- States. same three hobbies: antique collecting, stituents. I am sorry that it cannot be cleared, antique collecting, and more antique but there are some on this side of the collecting. Their home is a somewhat His most famous contribution to the aisle who have expressed some reserva- cluttered but fascinating museum of political and policy debates of his tion or objection at this point. But I American Western and American In- term—criticism of President James personally hope that we can do this as dian artifacts, pottery, Big Little Polk for the Nation’s involvement in quickly as possible so that the people Books, and just about anything else the Mexican war—earned him scorn of Cuba can appreciate and enjoy free- you can think of. Last, but not least, and disfavor back in Illinois where the dom as soon as we can give them a there are four others who hold a place war had been popular. Illinois Demo- helping hand. in his heart. They are Hoover the yel- crats called Lincoln, himself a Whig at f low lab, Clarence the bassett hound, the time, a disgrace. Crystal, the cat, and Birdie the RETIREMENT OF MARTY BERMAN Lincoln left Congress and returned to cockatiel. Birdie likes to lay back and his legal practice, arguing cases in Mr. FRIST. Mr. President, the Sen- listen to the blues with Marty and Dar- country courthouses of Illinois’ Eighth ate community is losing a longtime lene and can even whistle Colonel Bo- and valued employee. After 18 years of Judicial Circuit, and thinking he had gey’s March from ‘‘Bridge on the River no future in politics. loyal and distinguished service, Marty Kwai.’’ Berman is retiring from the Senate Re- Marty’s unique personality, loyalty, On the contrary, Lincoln’s time cording Studio. Marty played an inte- and dedication will be missed. We all walking the Halls of this building in- gral part in the television broadcast of join to wish Marty the best as he be- troduced him to the issues on the na- the Senate’s proceedings and in helping gins this next adventure in his life and tional political stage. The Congress in facilitate the audio and video needs of know he will enjoy the newfound time which he served debated the Wilmot Senators and their staffs. for family, friends, pets, and antique Proviso, which would have prevented His service to his country really collecting. the spread of slavery into territories started 45 years ago. Marty served f newly acquired from Mexico. Those de- faithfully, enlisting twice in a military bates exposed Lincoln to the divisive- 160TH ANNIVERSARY OF ABRAHAM career that began when he was 17 and ness and explosiveness of the issue that LINCOLN’S ELECTION TO THE lasted 6 years, from 1961 to 1967. Before severely tried his presidency a decade UNITED STATES HOUSE OF REP- leaving the military, he was a commu- and a half later and nearly destroyed RESENTATIVES nications specialist with duty in Viet- the country. His time in Congress also nam. Mr. DURBIN. Mr. President, Leo produced personal and political connec- Marty brought extensive television Tolstoy said of Abraham Lincoln that tions that served him years later as experience to his job at SRS. In the ‘‘His example is universal and will last President and Commander-in-Chief. private sector he worked at Satellite thousands of years . . . He was bigger News Network, CNN, and finally at than his country—bigger than all the Today, we mark the anniversary of CBS. His work for Charles Kuralt and Presidents together . . . and as a great Abraham Lincoln’s election to the ‘‘CBS Sunday Morning’’ was nominated character he will live as long as the House of Representatives as the begin- for an Emmy. A 13-minute long story world lives.’’ ning of this great man’s ascent on the he had photographed was aired, which Abraham Lincoln has been known national political stage. In February is the television equivalent of a long and admired through the generations— 2009, the Nation will mark the 200th an- book. and around the world. But Abraham niversary of Lincoln’s birth. Congress His career at the recording studio Lincoln is known primarily for his established the Abraham Lincoln Bi- began in 1988 where he quickly came to presidency and his leadership of the centennial Commission to help our Na- specialize in audio operations. How- United States through the dark days of tion mark this milestone. I am privi- ever, his contributions were not only the Civil War. We recall his unwaver- leged to cochair the Commission along technical. He also had just the right ing commitment to the ‘‘American ex- with Congressman RAY LAHOOD and personal touch with Senators. It isn’t periment’’ in democracy and his refusal Lincoln Scholar Harold Holzer—we like always easy to get up in front of TV to allow the national Union to fail, re- to call ourselves ‘‘a team of rivals.’’ We cameras and lights to speak, even for gardless of the odds against him. have been working diligently to ensure

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8778 CONGRESSIONAL RECORD — SENATE August 3, 2006 that a ‘‘fitting and proper’’ commemo- and increasingly from the developing ier workloads, and they too may leave. ration is planned. I am pleased to re- world to staff our hospitals, doctors’ This is a deadly and vicious cycle that port that a number of our goals have offices, and other health centers. we have to help Africa break. already been met—the authorization of Those individuals immigrate here for The shortage of personnel has deadly new penny designs in the bicentennial the same reasons that people have al- repercussions that extend far beyond year and the issuance of a commemora- ways migrated here. They come for HIV/AIDS. A woman in Sub-Saharan tive coin, for example. Other edu- economic opportunities, greater free- Africa, for example, has a 1 in 13 cational, scholarly, cultural, and his- dom, and a better future for their chil- chance of dying in pregnancy or child- torical events are in various stages of dren. As the son of an immigrant, I rec- birth, according to UNICEF. In re- planning—both here in the United ognize their motivations and welcome source-rich countries such as ours, that States and abroad. the contributions that they make. But risk is 1 out of 4100. You change those After President Lincoln’s untimely I also have to look at the countries terrible odds for the woman in Africa death, Edwin M. Stanton said, ‘‘Now he that they leave behind. by providing greater access to skilled belongs to the ages.’’ Mr. President, That is what struck me so powerfully birth attendants. You greatly improve today we remember Abraham Lincoln’s in the Congo: that we cannot continue the newborn baby’s chance at survival service in the House, his leadership to depend on the poorest countries in as well. during our Nation’s most perilous the world to train our doctors and It is critically important that as we time, and his legacy of freedom, de- nurses. We have to expand our own increase assistance for HIV/AIDS and mocracy, and equal opportunity. Even health workforce. Our nursing schools for health and economic development great life begins with a series of small turn away thousands of qualified appli- more generally, that we work to but important steps. Let us keep work- cants every year because they don’t strengthen health systems as a whole. ing to carry out Abraham Lincoln’s vi- have enough faculty to teach them. We The Office of the Global AIDS Coordi- sion in our day. have to fix that. nator is doing terrific work at boosting And we have to help Africa heal itself f health capacity in the public and pri- because even if the brain drain stopped vate sectors, and USAID has also been AFRICAN HEALTH CAPACITY completely, even if every doctor and engaged in this effort. INVESTMENT ACT nurse on the continent of Africa stayed Mr. DURBIN. Mr. President, this there, they would still have tremen- This bill is intended to give these week I introduced the African Health dous shortages of health personnel. agencies the tools to do more and to Capacity Investment Act of 2006. That is why Senators COLEMAN, better integrate and coordinate their This bill was inspired last December, DEWINE, and FEINGOLD and I intro- activities. when I visited the Democratic Republic duced the African Health Capacity Act The bill seeks to help Sub-Saharan of Congo with Senator SAM BROWNBACK this week. African countries strengthen the capa- of Kansas. The World Health Report concluded bilities of their health systems by help- The Congo is one of the poorest, most in 2003, ‘‘The most critical issue facing ing countries improve dangerous and violent regions on Earth. This past health care systems is the shortage of Sub-standard working conditions; help- weekend, it held its first multiparty people who make them work.’’ The 2006 ing them train, recruit, and retain doc- elections in nearly 50 years. That is a report, which focused entirely on tors, nurses, and paraprofessionals; de- moment to celebrate. health workforces, helped provide a veloping better management and pub- But one of the most profound chal- blueprint on how to build that critical lic health training; and improving pro- lenges that the newly elected govern- human infrastructure. ductivity and workforce distribution. ment will face is how to even begin to Sub-Saharan Africa has 11 percent of Collecting workforce data, or strength- meet the health needs of its people. In the world’s population. It bears 25 per- ening the public health sector may not the DRC, there are only 7 doctors and cent of the global disease burden. But sound very glamorous, but steps like 44 nurses per 100,000 people. In the east- it has only 3 percent of the world’s these are critical to creating the ern Congo, which has witnessed ter- health workers, and it suffers nearly health infrastructure that Africa so rible conflict and disease, there is only half of the world’s deaths from infec- badly needs. 1 doctor per 160,000 people. And, I was tious diseases. That infrastructure may also be very told, in the city of Goma, surgeons are Personnel shortages are a global important to us. With air travel to literally one in a million. To put that problem, but nowhere are these short- spread avian flu, scientists tell us that in perspective, imagine three surgeons ages more extreme, the infrastructure we may have only 3 weeks to contain in a city the size of Chicago. Imagine more limited, and the health chal- an outbreak of the disease from the living like that, and then imagine your lenges graver than in Sub-Saharan Af- time that outbreak is detected any- doctors and nurses leaving for coun- rica, the epicenter of the HIV/AIDS where in the world. If we miss that tries with better working conditions, pandemic. We will not win the war window, the outbreak of avian flu may better pay, and brighter futures. against AIDS or any other health chal- become a pandemic and spread around That is the situation that the Congo lenge without finding solutions to this the world. and almost all of Sub-Saharan Africa problem. It looms larger than short- As stated in the Harvard Public faces every day, as doctors and nurses ages of ARVs or any other single fac- Health Review, ‘‘Those regions of the leave rural areas for African cities and tor. The Institute of Medicine has world where human expertise and re- leave African cities for the United called the health care worker shortage sources are in shortest supply, such as States, the United Kingdom, and other the greatest obstacle to fighting HIV/ Africa, are most likely to serve as par- Western destinations. Every year, Afri- AIDS. ticularly fertile ground for getting a ca loses another 20,000 trained health AIDS has had a particularly insidious large-scale human flu epidemic off to a professionals to European and North effect on health workforces in Africa. robust start.’’ It is in our own inter- American medical facilities. That is an Beginning in the 1980s, HIV/AIDS began ests, as well as Africa’s, to improve its enormous brain drain. to take a terrible toll among health As Randall Tobias, the U.S. Director workers in Africa. In 2000, 20 percent of public health infrastructure. of Foreign Assistance, has noted, there the student nurses in Mozambique died This same point was made in the are more Ethiopian-trained doctors from AIDS. Health workers are par- President’s 2002 National Security practicing in Chicago than in Ethiopia. ticularly vulnerable because many lack Strategy. This document provides the In the United States, we have 549 access to gloves or training in uni- administration’s fundamental view of doctors and 773 nurses for every 100,000 versal precautions that would help pro- how we should confront global chal- people. And even at those levels, we tect them from infection. These unsafe lenges and opportunities in the secu- face our own personnel shortages. As working conditions naturally drive rity arena. It is a measure of risks and the baby boomers age and our health many people to seek either safer jobs priorities that is issued each Presi- workforce retires, our shortages will or employment in other countries. As dential term. grow. It has become our habit to re- illness, death, and migration reduce President Bush’s 2002 National Secu- cruit doctors and nurses from abroad staff, those who are left face even heav- rity Strategy stated, ‘‘The scale of the

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2006 CONGRESSIONAL RECORD — SENATE S8779 public health crisis in poor countries is sider’’ claims filed by Guantanamo de- Court’s previous holdings governing ju- enormous. In countries afflicted by tainees, except under the review stand- risdiction-removing statutes and that epidemics and pandemics like HIV/ ards created by that act. we had not chosen the language of the AIDS, malaria, and tuberculosis, In the course of drafting the DTA amendment by accident. We had ini- growth and development will be threat- conference language regarding jurisdic- tially intended to explain our provi- ened until these scourges can be con- tion, Senator KYL, myself, and several sions of the DTA on the floor, but with tained. Resources from the developed others we consulted, specifically relied time growing short, and rather than world are necessary but will be effec- on the Bruner line of cases for guid- forcing our colleagues to listen as we tive only with honest governance, ance. In that line of cases, we had droned on, we dropped the statement which supports prevention programs taken particular note of Justice Ste- into the RECORD and everyone went and provides effective local infrastruc- vens’s opinion in Landgraf, where, in home for the Christmas break. ture.’’ discussing the Bruner line, he wrote The Hamdan majority addressed this This bill is not just about spending that the Court had a consistent prac- statement in footnote 10 of its opinion. more money to build African health ca- tice of ordering an action dismissed First, the Court noted that on Novem- pacity. It is also about spending that when the jurisdictional statute under ber 15, ‘‘Senator LEVIN urged adoption money better. This bill authorizes as- which that action had been filed was of an alternative amendment [the final sistance to improve management and subsequently repealed. Since that was version of my amendment] that ‘would reduce corruption within the health precisely what we were doing in the apply only to new habeas cases filed sector. It requires the President to es- DTA, reversing the Rasul finding of ju- after the date of enactment.’ ’’ The tablish a monitoring and evaluation risdiction through the habeas statute, Court then dismissed my own state- system to measure the effectiveness of we were very comfortable with how our ment of views in the following passage: our assistance. language addressed the jurisdictional Knowledge sharing is also important: change. While statements attributed to the final Each minister of health and each non- Likewise, the Bruner/Landgraf line of bill’s two other sponsors, Senators Graham and Kyl, arguably contradict Senator Lev- governmental organization should not cases informed the enactment language in’s contention that the final version of the have to reinvent the wheel. regarding the substantive law changes Act preserved jurisdiction over pending ha- Two years after enactment, this bill we were making. Because of Justice beas cases, see 151 Cong. Rec. S14263–S14264 will require the production of a docu- Stevens’s explanation in Landgraf, we (Dec. 21, 2005), those statements appear to ment publicizing best practices. This felt we had to make those provisions have been inserted into the Congressional clearinghouse of information will pro- specifically apply to pending cases. Record after the Senate debate. See Reply vide valuable help for developing coun- However, for everything else, including Brief for Petitioner 5, n. 6; see also 151 Cong. tries throughout the world. the requirements for the executive Rec. S14260 (statement of Sen. Kyl) (‘‘I would like to say a few words about the now-com- The United States provides billions branch to do certain things within cer- pleted National Defense Authorization Act of dollars to fight HIV/AIDS, malaria, tain time periods, having a single en- for fiscal year 2006’’ (emphasis added)). All TB, and other health challenges in Af- actment statement saying everything statements made during the debate itself rica. It is critical, as we pursue these applied retroactively did not make support Senator Levin’s understanding that programs, that we better integrate sense. So, with that and other con- the final text of the DTA would not render them within a framework to strength- cerns, we ended up with what emerged subsection (e)(1) applicable to pending cases. en health systems as a whole. We need from the conference process between See, e.g., id., at S14245, S14252–S14253, S14274– to help countries better invest their passage of the amendment in November S14275 (Dec. 21, 2005). own human and material resources as and adoption of the conference product There are three misstatements of well as our assistance. in December. It was complicated and fact in footnote 10 of Hamdan that I In 2005, 2 million people in Sub-Saha- merged a number of concepts. would like to publicly correct. First, ran Africa died of AIDS, and 2.7 million You see, as the author of that part of the colloquy that Senator KYL and I people became newly infected. Nearly a the Detainee Treatment Act, it was submitted for the RECORD was not sub- million African children under the age never my intent to carve out pending mitted after the Senate’s consideration of 5 died of malaria. Hundreds of thou- cases from the effect of that act. As I of the bill. It was submitted well before sands of Africans died last year of TB, have detailed above, we knew the gov- the final vote on the conference report, cholera, dysentery, and other infec- erning law and expected the courts to and was necessary due to the substan- tious diseases or in childbirth. These apply it. And I never hid this intent or tial changes we made between the devastating mortality rates also stran- understanding. My statements regard- adoption on the amendment on Novem- gle opportunities for economic develop- ing this intent were consistent from ber 15 and the adoption of the con- ment. But we can begin to change the beginning of the debate on Novem- ference report on December 21. those trajectories by investing in Afri- ber amendment until final passage of Second, I have had a member of my can health capacity. Imagine living in the conference report on December 21. staff view the tapes of the Senate’s de- a country like Ethiopia, with 3 doctors This is why I issued a joint statement liberations on November 15 that were for every 100,000 people. Then ask your- with Senator LEVIN in early January of prepared by the Senate Recording Stu- self what we can do about it. This bill this year which stated, ‘‘[t]he intent of dio. These tapes confirm that the the language contained within the Gra- is a start. statement from Senator LEVIN that the I thank my colleagues, Senators ham-Levin-Kyl amendment is that Supreme Court quoted from that day COLEMAN, DEWINE, and FEINGOLD, for Courts will decide in accord with their was not made live, but instead appears joining me in introducing this bipar- own rules, procedures and precedents to have been submitted for the RECORD. tisan bill, and I hope others will join whether to proceed in pending cases.’’ us. In reviewing the record, Justice And third, my staff has viewed the tapes of the Senate’s deliberations on f Scalia and the other dissenters recog- nized this consistency. Justice Scalia December 21. These tapes confirm that DETAINEE TREATMENT ACT stated that, ‘‘[s]ome of the statements the statements to which the Supreme Mr. GRAHAM. Mr. President, I rise of Senator GRAHAM, a sponsor of the Court cites from that day, statements today to correct the public record with bill, only make sense on the assump- by Senators LEAHY, DURBIN, and FEIN- regard to a matter raised by the U.S. tion that pending cases are covered.’’ GOLD, also were not spoken live on the Supreme Court’s decision in Hamdan v. Thus, they correctly concluded that Senate floor but were instead sub- Rumsfeld, 126 S.Ct. 2749 (2006). In part II the jurisdictional removal language in- mitted for the RECORD. As I will dis- of its opinion, the majority in Hamdan cluded all pending cases. cuss later, it generally doesn’t matter addressed whether the Detainee Treat- Indeed, when the final version of the to me if a statement is live or not, but ment Act barred Hamdan’s lawsuit DTA passed the Senate, I and some of it does bear noting the distinction from proceeding in its then-present the cosponsors of my November amend- given the Court’s focus on it in this form. As the court noted, the DTA pro- ment included a colloquy in the case. vides that ‘‘no court, justice, or judge RECORD in which we made clear that we The Supreme Court appears to have shall have jurisdiction to hear or con- were perfectly aware of the Supreme been misled about the nature of the

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8780 CONGRESSIONAL RECORD — SENATE August 3, 2006 legislative statements regarding the mitted ‘‘after the legislation passed,’’ a posed the DTA had every right to have Detainee Treatment Act. The court misstatement that the Supreme Court their opinions, thoughts, and intent re- dismissed my and Senator KYL’s state- apparently believed and that it re- corded, both in November and in De- ments on the basis that they were sub- peated in its majority opinion. cember. mitted for the Record. Instead, it relied Mr. Katyal’s brief also asserts that In closing, I would also like to ex- on statements where it thought Sen- my colloquy with Senator KYL was press my concern about the soundness ator LEVIN had publicly ‘‘urged’’ other ‘‘entirely post hoc,’’ and that Senator of the distinction that the Hamdan ma- members to accept his view, and on KYL and I ‘‘waited until the ink was jority drew between live and submitted statements that it believed had been dry’’ to submit our views. However, his statements. Although the reality of spoken live ‘‘during the debate itself’ brief’s extensive citations to those De- Senate floor debate is not quite as un- on December 21. cember 21 statements that favored pe- flattering as what Justice Scalia sug- In reality, there was no ‘‘debate titioner Hamdan are not accompanied gests in his dissent, it is true that live itself’ on the Detainee Treatment Act by similar bold disclaimers. speeches made by Senators are not al- on December 21. Indeed, the very statements of Sen- ways heard by other Members. Senate The final Defense authorization con- ators LEAHY, DURBIN, and FEINGOLD floor debate is only one of the many ference report was adopted by a voice that the Supreme Court believed had sources of information on which Sen- vote at 10 p.m. Of the 35 pages of the been made ‘‘during the debate itself’ ators rely when deciding how to cast CONGRESSIONAL RECORD accompanying appear to have been brought to the their votes. Other than when Senators the final passage of that Act, virtually court’s attention by Mr. Katyal’s brief. express agreement with one another none of it was spoken live on the Sen- That passage of the brief makes no through a colloquy or by expressly re- ate floor. Nothing regarding the DTA mention of the fact that these state- ferring to each other’s views, Senate was said live on December 21. In other ments were not spoken live on the Sen- floor statements should not be under- words, the statements that Senator ate floor. The brief also quotes at stood to represent the understandings KYL and I submitted for the RECORD length from the same statement by and intentions of anyone other than and that the Hamdan majority dis- Senator LEVIN on November 15 from the Member making the statement. missed are identical in nature to all of which the Supreme Court later quoted Nor should the courts assume that Sen- the statements from November 15 and in its opinion. Not only does the brief ators are unaware of court precedent December 21 that the Hamdan majority fail to warn the reader that this state- and rules of construction. quoted and cited in support of its con- ment was not spoken live, the brief I hope that this statement will pre- struction of the DTA. even asserts that ‘‘[e]vidence of reli- vent further mischaracterization of the I should emphasize that although the ance on Senator LEVIN’s statement was legislative record of the Detainee Supreme Court was misled, I do not be- immediate,’’ and it cites to a state- Treatment Act. Senators LEVIN, lieve that it was misled by any of my ment by Senator REID that refers to LEAHY, DURBIN, and FEINGOLD’s Decem- colleagues. I believe that Senators Senator LEVIN’s views. ber comments on the act are all enti- LEVIN, LEAHY, DURBIN, and FEINGOLD I can see how a reasonable person tled to consideration, but no more so acted entirely appropriately by submit- would understand this passage to mean than mine or Senator KYL’s. The Su- ting statements for the RECORD regard- that Senator LEVIN’s and Senator preme Court was misled in Hamdan, ing their interpretation of the DTA. As REID’s statements were spoken live on and it appears to have based its deci- I mentioned, the Senate considered the the Senate floor. The brief conjures up sion, at least in part, on a simple mis- final Defense bill that contained the a scene of one Senator listening to an- take of fact. That is a result that all DTA late in the evening four days be- other Senator speak and then ‘‘imme- those who respect the democratic proc- fore Christmas. Although the Senators diately’’ rising to express his agree- ess and the rule of law should regret. who submitted statements for the ment. Yet that scene never took place. Record had every right to delight their Neither Senator LEVIN’s nor Senator f colleagues with 6 hours of speeches and REID’s remarks were made live on the debate at that hour, I am certain that Senate floor. REMEMBERING U.S. SENATOR every member of the Senate appre- In the usual case, I do not think that HIRAM FONG ciated the fact that these statements an attorney would have a duty to tell a were submitted for the RECORD instead. court whether the Senate floor state- Mr. AKAKA. Mr. President, on Au- Where does the Court’s mistake ments that he is citing are live or not. gust 18, 2006, I will have the honor and spring from then? The Supreme Court’s Indeed, most attorneys would have no privilege to commemorate the 47th an- mistake about the legislative history way of knowing whether a particular niversary of the admission of Hawaii to of the DTA appears to have been cre- statement is live. Under Senate rules, the United States by dedicating the ated by briefs filed by Mr. Neal Katyal, submitted statements that pertain to building housing the Kapalama Post the counsel of record for Mr. Hamdan pending Senate business are presumed Office in honor of the late U.S. Senator in the Supreme Court. Much of the to be live statements and are auto- Hiram L. Fong. It is fitting that on Ad- Hamdan majority’s analysis of the matically included in the RECORD missions Day, the State of Hawaii com- DTA and its legislative history appears among live debate. In my opinion, this memorates the life of one of its strong- to have been adopted verbatim from is critical to the effective and efficient est advocates for statehood—Senator these briefs. Mr. Katyal’s brief, for ex- functioning of the Chamber. I am con- Fong—by dedicating the postal facility ample, wrongly asserts that the col- fident that my colleagues would agree at 1271 North King Street in Honolulu, loquy between Senator KYL and me was with me. which stands near Senator Fong’s boy- ‘‘inserted into the RECORD after the Here, however, Mr. Katyal made a hood home in Kalihi. legislation passed.’’ Although state- point of seeking to discredit state- Like so many of us with immigrant ments for the RECORD must be sub- ments in the CONGRESSIONAL RECORD parents, Senator Fong will be remem- mitted on the same day that they are on the basis that they had not been bered not only for his many accom- to appear in the daily edition of the spoken live. Given that he stressed the plishments but also for his humble be- RECORD, no public record is kept of introduction of some statements, I be- ginnings. As one of 11 children born to when exactly a particular statement lieve it was incumbent on him to in- parents from China, he graduated with was submitted. Mr. Katyal could not form the Court that the statements on honors from the University of Hawaii possibly have known whether my col- which he relied also were not spoken in 1930, and continued his education at loquy with Senator KYL was submitted live. Harvard University where he received a before or after final passage of the bill, I should again emphasize that I do law degree 5 years later. In 1959, when unless he had asked me or my staff, not criticize any of my colleagues in Hawaii achieved statehood, he was which he did not do. Had he done so, we the Senate. Senators LEVIN, LEAHY, elected to fill one of two seats in the would have happily informed him that DURBIN, and FEINGOLD’s actions were U.S. Senate where he served from 1959 our statement was submitted hours be- entirely honorable and aboveboard. In- until January 2, 1977. fore final passage. Yet he asserted to deed, Senators LEAHY, DURBIN, and Senator Fong was this Nation’s first the Supreme Court that it was sub- FEINGOLD, as well as others who op- U.S. Senator of Asian ancestry. He

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2006 CONGRESSIONAL RECORD — SENATE S8781 served as the ranking Republican on fully and faithfully. I was pleased last segregation, heroes of the Civil Rights Move- what was then the Senate Post Office Thursday to hear the President com- ment called our country back to its founding and Civil Service Committee, which is mit to aggressive enforcement and to ideals of freedom and opportunity for every- why I am so glad we are marking his defend the Act from legal attacks. Ar- one. Leaders like Martin Luther King, Jr., and Thurgood Marshall believed in the con- life’s work by dedicating this post of- ticle I of the Constitution provides for stitutional guarantees of liberty and equal- fice in his memory. I knew Hiram the Congress to write the laws, and Ar- ity and trusted their fellow Americans to do Fong, and I found him to be a man of ticle II provides for the President to the right thing to ensure these blessings for great integrity. He was a compas- enforce them. Congress has done its every man, woman, and child. sionate advocate for civil rights and part, and now the President must do Over the years, our Nation has grown more workers’ rights, and throughout his 20 his. I commended him for saying that prosperous and powerful, and it has also years of service in Congress, Senator he will. grown more equal and just. Yet, further Fong personified the spirit of bipar- Last week I spoke to the Senate work remains in the fight against injustice, about a letter I had sent to the Presi- and each generation has a responsibility to tisan cooperation. He was instrumental write a new chapter in the unfinished story in enacting landmark civil rights legis- dent in which I urged him not to follow of freedom. Reauthorizing this legislation is lation; reforming U.S. immigration his usual practice of signing a bill with an example of our continued commitment to laws to end discrimination against his fingers crossed behind his back and a united America where every person is val- Asian immigrants; improving job train- later issuing a presidential signing ued and treated with dignity and respect. ing programs for workers; and fighting statement undercutting the law that America is grateful for the sacrifices of for equal pay for women. The people of Congress passed. I return today to re- citizens such as Fannie Lou Hamer, Rosa Hawaii were truly fortunate to have port to the Senate that, to the best of Parks, and Coretta Scott King, after whom been represented by Hiram Fong. my knowledge, the President has ac- the bill reauthorizing the Voting Rights Act cepted that advice and has not issued was named. I also appreciate the members of This son of Hawaii passed away on the House and Senate for passing this his- August 18, 2004, at the age of 97, fol- an after-the-fact signing statement. I toric legislation. By working together, we lowed by his wife Ellyn on March 25 of thank the President for following this can help build an America that lives up to this year. Hiram and Ellyn are sur- course. In fact, the material posted on our guiding principle that all men and vived by 4 children, Hiram, Jr., Rod- the White House website includes a women are created equal. ney, Marvin, and Mari-Ellen; 10 grand- ‘‘fact sheet’’ in which the White House Laura and I send our best wishes on this children; and 2 great-grandchildren. As reaffirms the President’s commitment special occasion. we remember our good friend, Hiram ‘‘to vigorously enforce the provisions GEORGE W. BUSH. Fong, on this Admissions Day, I ask of the law and to defend it in court.’’ my Senate colleagues and the people of The Voting Rights Act is the key- f Hawaii to pause for a moment to re- stone in the foundation of civil rights member all he did on behalf of the Na- laws and is one of the most important HONORING OUR ARMED FORCES tion and his beloved Aloha State. methods of protecting all Americans’ PRIVATE FIRST CLASS DEREK JAMES PLOWMAN Mr. President, as the former chair- foundational right to vote. Several man of the Senate Postal Sub- generations have kept the chain of sup- Mrs. LINCOLN. Mr. President, today committee, I was proud to introduce port for the Voting Rights Act unbro- I wish to pay tribute to a brave young the legislation designating the ken, and now we have once again done man from Arkansas who lost his life Kapalama Post Office in memory of my our part to continue that legacy and while serving our Nation in uniform. friend, Senator Hiram Fong. The Sen- revitalize the Act. PFC Derek James Plowman is remem- ate passed my bill, S. 2089, by unani- We know that effective enforcement bered by those who knew him best as a mous consent on March 3 of this year; of these provisions is vital in fighting compassionate soul, who was always the House of Representatives took ac- against discrimination that, unfortu- quick to bring a smile to the faces of tion on March 7; and on March 20, the nately, still exists in this nation today. those around him. Having grown up in President signed the bill, which is now As the President has acknowledged, a large family that was often filled Public Law 109–203. the wound is not healed and there is with laughter, he quickly became the life of every party, developing a special f more to do to protect the rights of all Americans to vote and have their votes gift for being at ease in large groups VOTING RIGHTS ACT REAUTHOR- count. and brightening the spirits of the peo- IZATION AND AMENDMENTS ACT I also note for the record that today, ple he came in contact with. OF 2006 two weeks after final passage of the Shortly after moving to northwest Mr. LEAHY. Mr. President, one week House bill to reauthorize and revitalize Arkansas from Florida in 2004, Private ago, I stood behind President Bush as the Voting Rights Act, and one week First Class Plowman graduated from he signed the Voting Rights Act Reau- after the President signed that historic Valley Springs High School. Hoping to thorization and Amendments Act of legislation into law, copies of Senate study psychology some day, he enlisted 2006 into law. The President gave a Report 109–295 have finally been print- in the Arkansas Army National Guard short speech about the importance of ed. This is the committee report on for an opportunity to earn money to- the legislation and his commitment to S.2703 that I commented on during my wards his college education. It was also defending it. He even distributed a let- statement to the Senate on July 27. It an opportunity for him to serve his ter to all those in attendance cele- contains the objection of all eight country, a decision that personified the brating this reauthorization. In his let- Democratic members of the com- selfless attitude of this young man. ter he acknowledged that ‘‘further mittee. As previously noted, it is un- In the Guard, Private First Class work remains in the fight against in- usual in that it does not represent the Plowman was a cook assigned to the justice, and each generation has a re- views of a majority of the committee 142nd Brigade, a brigade comprised of sponsibility to write a new chapter in and certainly does not represent the citizen soldiers from north and north- the unfinished story of freedom.’’ I ask views of the Democratic sponsors of west Arkansas. Upon returning home unanimous consent to insert his letter that Senate legislation. from basic training, he was informed into the RECORD at the conclusion of EXHIBIT 1 by one of his superior officers that he would soon be mobilized for service in my remarks. THE WHITE HOUSE, The PRESIDING OFFICER. Without Washington, July 27, 2006. Operation Iraqi Freedom. With courage objection, it is so ordered. (See exhibit I send greetings to those celebrating the and reassurance, he looked his Ser- 1). reauthorization of the Voting Rights Act of geant in the eye and said ‘‘That’s OK. Mr. LEAHY. Keeping the Voting 1965. I signed on the dotted line and I’ve got Rights Act intact is important, but en- The Voting Rights Act is one of the most a job to do.’’ forcing it is equally important. Now important pieces of legislation in our Na- The 142nd was mobilized for duty in tion’s history. It has been vital to guaran- that Congress has passed the law—and teeing the right to vote for generations of Iraq on December 7, 2005, and was the President has signed it—it is up to Americans and has helped millions of our scheduled to return next summer. the President to ensure that this law citizens enjoy the full promise of freedom. Tragically, Private First Class Plow- and all of its provisions are enforced By refusing to give in to discrimination and man died from a gunshot wound on

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8782 CONGRESSIONAL RECORD — SENATE August 3, 2006 July 20 while serving with his brigade American families can have much problems. It opens up 8.3 million new in Baghdad. In a memorial service at needed relief from high energy costs. acres to development of nearly 6 tril- Valley Springs High School, over 200 Right now, energy is on all of our lion cubic feet of natural gas and 1.26 mourners gathered to pay their re- minds. Oil prices continue to climb be- billion barrels of oil. We are talking spects for this fallen soldier and to cause of instability in oil rich regions. about enough natural gas to heat and comfort his family. He was later laid to Today, oil hovers at just below $75 a cool nearly 6 million homes for 15 rest at Western Grove Cemetery in barrel. Natural gas prices are climbing years. Harrison, AR. because of the intense heat in many re- The proof of the substantive merits The loss of this special young man is gions of our country. This week, the of this bill lies in is its broad support a sobering reminder of the tragic price jumped 11 percent in 1 day, and around the Nation from America’s ag- human cost of war. The loss of any of right now it is at $8.05 per million ricultural community, manufacturing our brave men and women in uniform Btu—that price is four times higher community, producers of chemicals is felt by not only their friends and than it was 6 years ago. and plastics, the textile industry, the loved ones but also by communities Let me tell you why Americans care utility sector, and small businesses. and families across our Nation that so much. Between 1999 and 2005, the Literally, thousands of consumer they fought to defend. price of natural gas in the United groups representing millions of Ameri- Words cannot adequately express the States increased by 289 percent. At the cans and millions of American jobs say sorrow felt in the hearts of the family same time, we lost over 3 million U.S. the same thing—that S. 3711 provides and loved ones of Derek Plowman, but jobs in the manufacturing sector. the much needed relief for the Amer- I pray they can find solace in the cou- The heat wave gripping our Nation ican people. has made energy supply and energy rageous way he lived his life. My That is why this bill is right for prices a topic of real concern for all of thoughts and prayers are with his America. It is right for our national se- us. As I speak, the lights in the hall- mother and stepfather, Kim and An- curity. It is right for our economy, our ways of the Senate and House office drew Campbell, his father, Donald businesses, our farms, and our families. buildings are dimmed to conserve en- Plowman, his brothers and sisters, and I am pleased at the strong support for ergy during this heat wave. with all those who knew and loved him. this measure. f I think it is fitting that during a time of strong national concern over I thank the following Energy Com- LOCAL LAW ENFORCEMENT our soaring energy prices, the Senate mittee staff for their hard work on this ENHANCEMENT ACT OF 2005 will pass by what I expect to be a wide bill: Frank Macchiarola, Bruce Evans, Mr. SMITH. Mr. President, I rise margin a bill to bring 1.2 billion barrels Marnie Funk, Angela Harper, Kara today to speak about the need for hate of oil and 5.8 trillion cubic feet of nat- Gleason, and Kristina Rolph. crimes legislation. Each Congress, Sen- ural gas to market. Every once in ator KENNEDY and I introduce hate awhile, we get it just right. This is one f crimes legislation that would add new of those times. categories to current hate crimes law, I am particularly pleased that we did NOMINATIONS HOLDS sending a signal that violence of any this bill in a way that reinvests in our Mr. WYDEN. Mr. President, the kind is unacceptable in our society. environment. For decades, our coastal plight of countless rural communities Likewise, each Congress I have come to States have produced much of the oil in Oregon and across the country may the floor to highlight a separate hate and gas this Nation consumes. They take a turn for the worse due to the crime that has occurred in our coun- will no longer sit back and go along impending expiration of the county try. with leasing without the compensation payments legislation. For this reason, I On July 28, 2006, in Detroit, MI, Julia needed to fix the energy infrastructure am putting a hold on the following two Lynn Marsh, a male transvestite, was and coastal environment that is so Bush nominees to express my con- physically and verbally assaulted by critical to our domestic energy sur- tinuing dissatisfaction with the admin- three men. According to sources, vival. istration’s lack of attention to the Marsh suffered injuries to the head Our coastal States provide 27 percent needs of people in more than 700 rural after being struck by a crowbar. It ap- of our oil and 20 percent of the natural counties in over 40 States: John Ray pears Marsh was targeted solely be- gas. MMS estimates that Gulf of Mex- Correll, Director of the Office of Sur- cause of his sexual orientation. ico production is expected to rise with- face Mining, Interior Department and I believe that the Government’s first in the next several years to about 23 Mark Myers, Director of the U.S. Geo- duty is to defend its citizens, to defend percent of our Nation’s natural gas logical Services, Interior Department. them against the harms that come out production and 40 percent of U.S. oil of hate. The Local Law Enforcement production. In addition, I would also object to Enhancement Act is a symbol that can In addition, our coastal States host any unanimous consent allowing Mr. become substance. I believe that by nearly 50 percent of our refining infra- Correll, Mr. Myers, and Mr. Bernhardt passing this legislation and changing structure. The hurricanes last fall and to remain on the calendar. Instead, I current law, we can change hearts and the soaring energy prices afterward re- request that these three nominations minds as well. minded all of us how critical the coast- be returned to the White House during the congressional August recess. Rule f al States’ production and infrastruc- ture are to our energy supply. 31 paragraph 6 of the Senate Rules pro- GULF OF MEXICO ENERGY I am pleased that today marks the vides that when the Senate will be in SECURITY ACT beginning of the end of the days of recess for more than 30 days, any nomi- Mr. DOMENICI. Mr. President, the turning our backs on our coastal nation in committee or on the Senate Senate passed one of the most impor- States while we turn our energy dollars Calendar must be returned to the tant bills it has considered this year. over to hostile regimes. White House unless the Senate, by We passed legislation that I believe is I am pleased that the bill invests a unanimous consent, allows a nominee the most important thing we can do in portion of our royalties in the coastal to remain on the calendar. the near-term to stabilize our energy States and the coastal environment in- To date, the administration has pro- prices and expand our energy supply. stead of forfeiting all royalties and posed only one solution to funding This is American can-do legislation. sending that money to hostile govern- county payments, and it is one that With this bill, we are bringing vast re- ments to buy their energy. I hope the many of us find unacceptable. The serves of American energy onshore Gulf of Mexico Energy Security Act county payments law, which provides a from the American real estate that we marks the beginning of the end of this stable revenue source for education, own out in the ocean. long cycle of sending our dollars roads and other county services in We are doing it safely, cleanly, and abroad to buy the energy we use here rural areas, is due to expire at the end responsibly. We are bringing this clean at home. of this year. In early 2005, I cospon- energy onshore so our businesses can This bill represents America stepping sored a bipartisan bill, S. 267, to reau- prosper, our farmers can prosper, and up to the plate to solve our energy thorize county payments for another 7

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Our legislation shared by the 15 EU member states, fully funds county payments by ensur- Mr. LEVIN. Mr. President, I am EU–15, that existed at the time of the ing that a portion of Federal taxes are pleased to join Senator DODD, Senator EU ratification of the protocol in May withheld from payments by the Federal SUNUNU and our other cosponsors in of- 2001. An additional 10 countries joined government to government contrac- fering Senate Resolution 548, which ex- the EU in May 2004, eight of which tors. The Federal Government cur- presses the sense of the Senate regard- have individual targets under Kyoto rently does not withhold taxes when it ing the need for the United States and that range from 6 to 8 percent below pays government contractors. In May, the international community to take the 1990 levels. Two of them, Malta and the Republican-led Congress approved certain actions with respect to the hos- Cyprus, are developing countries and, a major tax bill that uses our funding tilities between Hezbollah and Israel. therefore, do not have any emission provision to instead provide tax cuts Like all Americans, I am deeply con- targets under the treaty. cerned about the ongoing violence and for the most fortunate Americans, In December 2005, the EU, as required the loss of civilian lives in the Middle leaving rural counties with fewer op- by the Kyoto Treaty, reported on the East. tions and growing fiscal concerns. progress made toward reducing green- Hezbollah, an organization on the As I have said before, I will hold house gas emissions. The report indi- State Department’s list of terrorist or- these nominees and every nominee cated that EU policies and actions by ganizations, must accept full responsi- coming after them, if necessary, until member states to date have made an- bility for sparking this latest round of the administration steps to the plate nual carbon dioxide emissions reduc- violence. I support Israel’s right to de- and delivers some leadership in finding tions of 5.5 percent in the year 2003 fend itself in response to Hezbollah’s a way to fund county payments. across all 25 of the EU member states, acts of terrorism against it. As this f EU–25. resolution urges, I hope that the gov- RENEWABLE ENERGY ernments of Iran and Syria will end The report makes the following as- Mr. BURNS. Mr. President, I rise their material and logistical support sessments: today to join Senator GRASSLEY and for Hezbollah and use their significant For the EU–15: other distinguished Senate colleagues influence over Hezbollah to disarm the Existing measures to reduce emissions of in cosponsoring S. Con. Res. 97. Under group and release all kidnapped pris- greenhouse gases that are projected to be 1.6 this concurrent resolution, the United oners. percent below the year 1990 levels in 2010. States sets a goal to provide at least 25 As this resolution also urges, I favor Savings from additional domestic policies percent of the total energy consumed the United States and the inter- and measures being planned by the EU–15 in the United States from renewable national community working with the would result in total emission reductions of resources by January 1, 2025. governments of Israel and Lebanon on 6.8 percent. I have said many times and very an urgent basis to attain a cessation in EU–15 member states forecast that they firmly believe that our energy future will be able to achieve lower emissions of 9.3 the hostilities between Hezbollah and percent below the year 1990 levels through will be grown on our farms, ranches, Israel based on: the safe return of the use of the Kyoto flexibility mechanisms and forests. Israeli soldiers held by Hezbollah; the in the year 2010. They include such activities In my State of Montana, our farmers disarmament of Hezbollah, the removal as emissions trading, forest sequestration, are already producing food and fiber for of all Hezbollah forces from southern and participating in International projects our country. Before long, they will be Lebanon, and the replacement of those that result in greenhouse gas reductions producing food, fiber, and fuel as agri- forces with army and security forces of through the Joint Implementation and Clean culture will become part of the energy the Government of Lebanon; an reach- Development Mechanism programs. business. It is important we have the ing an agreement to fully implement For the EU–25: technology available so we do not have United Nations Security Counsel Reso- The total of all member states’ projections to choose between producing food or lution 1559 and to create and deploy an of greenhouse gas emissions will be 5 percent fuel. In Montana and elsewhere, tech- international stabilization force with a below base year levels in 2010 as a result of nology is already being developed to clear mandate to enforce a permanent measures already implemented. produce cellulosic ethanol. Unlike tra- ceasefire. The implementation of additional meas- ditional corn-based ethanol, cellulosic I also hope that the U.S. Government ures is projected to reduce the EU–25 green- ethanol will use materials such as and the international community will house gas emissions to 9.3 percent below 1990 wheat straw and barley straw. These levels by 2010 and, with the use of Kyoto work together to organize an inter- flexibility mechanisms, to 11.3 percent below materials, once discarded as waste, can national donors conference to solicit the year 1990 levels. now be turned into energy. and ensure the provision of inter- On August 8, 2005, this Congress national support for the reconstruction The December 2005 report concludes passed one of the most comprehensive of Lebanon’s infrastructure; and to re- that the EU–15 states can meet their energy research, development, and con- main engaged to promote sustainable target of 8 percent below the 1990 levels servation bills this country has seen in peace and security for Israel and Leb- if the additional domestic measures decades: the Energy Policy Act of 2005. anon and the greater Middle East. and the Kyoto flexibility mechanisms that are planned are implemented. Now, just 1 year later, the initial out- f comes are impressive. Twenty-seven According to the February 14, 2006 new ethanol plants have broken EUROPEAN UNION COMPLIANCE TO statement of the acting head of the ground. Over 400 E85 pumps have been THE KYOTO TREATY United Nations Framework Convention installed. New wind power production Mr. MCCAIN. Mr. President, I want on Climate Change, Richard Kinley, 34 has spurred over $3 billion in economic to address a growing misperception industrialized countries under the activity and generated 2,000 megawatts concerning the European Union’s abil- Kyoto Treaty were ‘‘on their way to of new usable wind power online. These ity to meet its obligations under the lower their emissions levels by at least figures are staggering but pale in com- Kyoto Treaty. There are many climate 3.5% below the 1990 levels during the parison to the accomplishments that change skeptics who claim that the EU first commitment period.’’ ‘‘With the are possible in the next 20 years. will not be able to meet their green- help of additional measures and the use We have set an ambitious goal. I am house gas emission reduction targets of Kyoto market-based mechanisms, pleased this resolution does not include under the Kyoto Treaty. In turn, they they will as a group be able reach their mandates for how to achieve this en- argue that the U.S. should not partici- agreed Kyoto reduction targets.’’

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VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY INSERT OFFSET FOLIO 1180/7 HERE ES03AU06.007 S8792 CONGRESSIONAL RECORD — SENATE August 3, 2006 Mr. MCCAIN. Mr. President, attach- EU would not allow our lack of action ginia Corridor. I especially commend ment I gives a full overview of all re- to hinder their efforts to address this the invaluable contributions of the cently adopted measures and their pro- significant problem. United Rotary Clubs of Modesto which, jected effect. ECCP policies and other f through their generosity and commit- actions by Member States to date, in ment to public service, have provided a combination with restructuring of Eu- ADDITIONAL STATEMENTS community jewel that will go a long ropean industry, particularly in Cen- way towards improving the quality of ∑ tral and Eastern Europe, have contrib- GRAND OPENING OF THE ROTARY life for the people of Modesto. uted to an absolute reduction of annual CLUBS OF MODESTO CENTEN- carbon dioxide emissions of some 305 NIAL JUNCTION f million tonnes, 4.8 percent, across the ∑ EU–25 in 2004. Mrs. BOXER. Mr. President, today I HONORING OFFICER MICHEL O. Attachment II provides an overview celebrate the grand opening of the Ro- CONLEY tary Clubs of Modesto Centennial Junc- of the performance of individual Mem- ∑ Mr. ALLARD. Mr. President, today I ber States. In 2004, the EU–15, which tion section of the Virginia Corridor and to recognize the United Rotary wish to honor Officer Michel O. Conley, shares the EU’s Kyoto target of an 8 who lost his life in Colorado’s Big percent reduction, had reduced their Clubs of Modesto’s extraordinary con- tributions and support for the Virginia Thompson Flood of 1976. greenhouse gas emissions by 0.9 per- Thirty years ago, more than 1 foot of cent compared to 1990 levels even Corridor Rails-to-Trails project. When I visited the site in July of 2002, the rain fell in a matter of hours, causing though they recorded economic growth a flash flood in Big Thompson Canyon. of 32 percent from 1990 to 2004. The av- Virginia Corridor was very much just an idea. However, as a result of the One hundred and forty four people were erage EU–15 member state’s emissions killed and over $30 million in property over the most recent 5-year period are hard work of a number of city officials and staff members, and the determina- damage occurred. We remember those currently 2 percent below 1990 level. who died in this natural disaster and Attachment III provides an overview tion of a group of motivated citizens, the entire Virginia Corridor will soon also the survivors who had to rebuild of the planned use by individual Mem- their lives, working as a community to ber States of the Kyoto mechanisms. become a reality. The United Rotary Clubs of Modesto, start over again. This week, outside of The EU will make use of the cost-effec- my hometown of Loveland, CO, sur- tive reduction options offered by its an organization that played an instru- mental role to this project, is com- vivors of this tragedy gathered to com- participation in the global carbon mar- memorate the Big Thompson Flood. ket, based on the Kyoto’s flexible prised of the five local Rotary clubs: the Modesto Rotary Club, the Modesto Though I could not be with them, my mechanisms, to meet its target. thoughts and prayers were. I speak on In summary Mr. President, the EU East Rotary Club, the Modesto Gate- the Senate floor today as a tribute to has made good progress and its ulti- way Rotary Club, the Modesto North this special event. mate success will depend upon the Rotary Club, and the Modesto Sunrise I ask that the following letter, which speed and thoroughness of the imple- Rotary Club. Together, the local rotary I wrote for the Memorial Service for mentation by Member States of legis- clubs contributed significant funding Officer Michel O. Conley, be printed in lative and domestic measures. Total for the trail segment between Roseburg the RECORD. projections for the EU–15 Member and Orangeburg Avenues. The rotary clubs donated and installed lighting, a The material follows. States show that the Kyoto targets can JULY 31, 2006 be met if Member States implement 10-foot wide asphalt trail surface, a kiosk, fencing and irrigation. This MEMORIAL SERVICE FOR OFFICER MICHEL O. additional planned domestic measures CONLEY; 30TH ANNIVERSARY OF THE BIG quarter mile trail, which will be known and use the flexible mechanisms. THOMPSON FLOOD Despite this meaningful progress, the as the Rotary Clubs of Modesto Centen- DEAR MS. MARKS AND GUESTS: As we look EU realizes that much more has to be nial Junction of the Virginia Corridor, back thirty years ago today we remember done. Its climate change policy does features a trail with lighting, land- the shock and devastation that took place in not stop in 2012, the end of the Kyoto scaping, benches, picnic tables and seat the Big Thompson Canyon, and the loss of Treaty. The European Commission has walls. Officer Michel O. Conley. also adopted a Communication out- The Virginia Corridor Rails-to-Trails Joan and I arrived just after the crest from lining key elements for a strategy for project is a truly collaborative effort the flood had passed through Loveland and further action post 2012. They include: between the city of Modesto, the State were astounded by the destruction. We were of California, the Federal Government, devastated by the tragedy which affected our the need for broader participation by community. countries and sectors; the development and a host of local community inter- The loss of Officer Michel Conley of the of low-carbon technologies; the contin- ests that, once completed, will success- Estes Park Police Department is part of that ued and expanded use of market-based fully transform a once abandoned rail tragedy. However, in his acts of service and instruments; and the need to adapt to corridor into a premier linear park, selflessness he helped to prevent what could the inevitable impacts of climate trail and recreational gathering place have been more losses. He helped to save ap- change. A follow-up Communication in one of the fastest growing cities in proximately 60 people before he was lost in with proposals for concrete steps at California’s Central Valley. flood. His gallantry and bravery are to be When completed, the Virginia Cor- commended. European and international levels is Joan’s and my prayers and thoughts are planned for the end of 2006. ridor will stretch nearly 4 miles from with you today as you commemorate the Big These policies, and others like them, Modesto’s central business district to Thompson Canyon Flood and the life of Offi- provide the necessary strong, long- the northern boundary of the city. cer Conley, and with all whose lives were af- term signals to industry, EU Member Once completed, this trail will link fected by this tragedy. State governments, and the wider neighborhoods by providing a safe and Sincerely, international community that the EU scenic commuter route to schools, WAYNE ALLARD, is committed to tackling climate parks, and restaurants for bicyclists U.S. Senator.∑ change and expects all of its institu- and pedestrians. The Virginia Corridor tions, businesses, and citizens to do will also offer a place for Modesto’s f their part. outdoor enthusiasts to pursue a myriad Many here in the US will try to use of outdoor activities, as it will link IN MEMORY OF DR. FELICIA H. another country’s failure or inaction as three primary bike paths that include: STEWART an excuse for not doing anything. But the Hetch Hetchy Trail in North Mo- ∑ Mrs. BOXER. Mr. President, I wish to it is just that, an excuse. The harsh re- desto, the class I trails in Dry Creek pay tribute to an extraordinary ality is that we all need to be doing Regional Park and the Tuolumne River woman, renowned reproductive health more—and that means the United Regional Park. expert Dr. Felicia Hance Stewart. Dr. States too. Just as we cannot allow the I congratulate the city of Modesto on Stewart died on April 13 at the age of EU challenges to serve as the basis for the opening of the Rotary Clubs of Mo- 63. Her energy, compassion, intel- our inaction, I certainly hope that the desto Centennial Junction of the Vir- ligence and tireless commitment to

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Membership in the She received her bachelor of arts de- leaves us with the inspiration to work veterans’ organization was restricted gree from the University of California, harder and never give up the fight to to individuals who had served in the Berkeley, graduating Phi Beta Kappa secure the full range of reproductive Army, Navy, Marine Corps, or Revenue and with honors in biochemistry. In health services for women. She leaves a Cutter Service during the Civil War. In 1969, she received her M.D. degree from lasting legacy that will not be forgot- 1881, the GAR formed the Sons of Vet- Harvard University Medical School. ten. erans of the United States of America She did her postgraduate training at Dr. Stewart is survived by her son to carry on its traditions and memory. Cambridge City Hospital in Massachu- Matthew Stewart and daughter Kath- On August 20, 1954, the U.S. Congress, setts and at the University of Cali- ryn Stewart; her parents Lena and Har- under the leadership of GEN Douglas fornia, San Francisco Medical Center. old Hance; her brother Allan Hance; MacArthur and GEN Ulyssess S. Grant, Dr. Stewart’s passion for empowering stepchildren Tammy Barlow, Wayne III, formally chartered the Sons of women through increased access to re- Stewart, and Michael Stewart. Union Veterans of the Civil War. productive health services was evident I am proud to have stood with Dr. Today, more than 6,500 members rep- throughout her extraordinary career. Felicia Stewart in our fight to increase resent the Union Veterans of the Civil Dr. Stewart began her practice in ob- access to women’s reproductive health War throughout the United States. stetrics and gynecology in Sacramento, services. She was a wonderful ally and Their members devote a great deal of working for Sutter Medical Group, supporter of my work in the Senate. time, energy, and resources to preserve ∑ doing clinical research with a focus on She will be greatly missed. the history of the civil war in schools contraceptives. She also worked as as- f throughout the United States. They sociate medical director of Planned TRIBUTE TO MEL STREETER study the American Civil War from all Parenthood in Sacramento. ∑ Ms. CANTWELL. Mr. President, ear- perspectives in order to facilitate a In 1994, Dr. Stewart was appointed deeper understanding of one of the Deputy Assistant Secretary for Popu- lier this summer, Seattle lost one of its most impressive and inspiring leaders. most important events in our Nation’s lation Affairs in the Clinton adminis- history. tration’s Department of Health and As an outstanding architect and an ex- In closing, I would like to again Human Services, HHS. Working with traordinary man, Mel Streeter left his praise the Sons of Union Veterans of then-Secretary of HHS Donna Shalala, mark on our community and changed the Civil War on the occasion of its an- Dr. Stewart was the senior expert re- the lives of so many. niversary for its work to perpetuate sponsible for family planning. When he died on Monday, June 12, we and honor the brave men who fought In 1996, she became director of Repro- lost a great friend and a true pioneer. for us to preserve our Nation. As a vet- ductive Health Programs at the Henry For more than 50 years, Mel’s dedica- eran myself, I understand the impor- J. Kaiser Family Foundation in Menlo tion, optimism, and good cheer made tance of honoring our veterans and pre- Park, CA. She was most recently co- him a Seattle institution. For years to serving our history, especially that of director of the Bixby Center for Repro- come, his creativity, generosity, and the Civil War. I hope my colleagues in ductive Health Research and Policy at mentorship will provide a model and an the Senate join me in honoring the UCSF. inspiration. As one of the first African-American Dr. Stewart wrote ‘‘Understanding work of the Sons of Union Veterans of architects to lead a Seattle firm, Mel ∑ Your Body: Everywoman’s Guide to a the Civil War. broke down barriers and created new Lifetime of Health,’’ 1987, and ‘‘My opportunities for others who followed. Body, My Health: The Concerned Wom- f As a proud and active member of an’s Guide to Gynecology and Health,’’ Tabor 100, the America Institute of Ar- 1979. She cowrote ‘‘Contraceptive Tech- 125TH ANNIVERSARY OF chitects Seattle Diversity Roundtable, nology,’’ a major professional reference MAYVILLE, ND and the Seattle Planning Commission, book that has been published in 18 edi- he strengthened our region and shaped ∑ Mr. CONRAD. Mr. President, today I tions, and ‘‘Emergency Contraception: its growth. wish to recognize a community in The Nation’s Best Kept Secret.’’ She And as a tireless advocate for low-in- North Dakota that recently celebrated also published nearly 100 scientific come and senior housing, Mel showed its 125th anniversary. On July 27–30, journal articles. his bold spirit and his big heart. the residents of Mayville gathered to Dr. Stewart’s passionate and rea- His ingenuity and influence live on celebrate their community’s history soned advocacy for increasing access to across the Pacific Northwest. and founding. emergency contraception brought na- We are all so lucky to have seen Mayville’s post office first opened on tional attention to this critical wom- Mel’s vision made real in beautiful en’s health issue. Dr. Stewart was in- June 20, 1877, under the guidance of structures across our State. We are Mrs. Alvin Arnold, who served as the strumental in conducting research luckier still to have had him in our which established that emergency con- postmaster. It is believed that the com- lives. munity may have been named after her traception was safe and effective with- Next week, the people of Seattle will out a physician’s prescription. Her re- daughter May or for the wife of an- come together at a special memorial other postmaster in a nearby town. In search has helped increase access to ceremony to celebrate Mel Streeter’s emergency contraception in phar- 1888, led by Mayor E.M. Paulson, life. My prayers and thoughts are with Mayville became a city. macies throughout California. his wife Kathy and sons Doug, Jon, In 1973, after Roe v. Wade was handed Ken, and Kurt. May your memories Today, Mayville is thriving. Located down, none of us thought we still would serve always as a source of comfort.∑ in the beautiful Goose River Valley, Mayville prides itself on providing resi- be fighting the same battle to protect f fundamental women’s reproductive dents with a nice country living. Low rights in 2006. But the fight is more 125TH NATIONAL ENCAMPMENT crime, excellent education, and diverse challenging than ever. Not only are we ∑ Mr. CARPER. Mr. President, today I economic opportunities set Mayville fighting to maintain abortion rights, commemorate the Sons of Union Vet- apart. but access to comprehensive health erans of the Civil War on the occasion Mayville is also home to Mayville services, including contraception. of its 125th National Encampment State University, which offers 2-year Dr. Felicia Stewart was at the fore- being held August 10 through the 14 in and 4-year liberal arts and professional front of that fight throughout her ca- Harrisburg, PA. The event honors the degrees to over 700 students of all ages. reer. Her work helped prevent count- brave men who fought to preserve our Mayville State was the fourth univer- less unintended pregnancies and em- Nation during the Civil War. sity in the Nation to provide all of its

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8794 CONGRESSIONAL RECORD — SENATE August 3, 2006 students with a notebook computer. It much to a university and a State that Dr. Morrison was commissioned a is also home to the Traill County Tech- he loved. He will be greatly missed.∑ second lieutenant in the U.S. Army and nology Center, a business incubator. f served on active duty at the former Mayville celebrated its 125th anniver- Ballistic Research Laboratory, BRL as sary with a weekend of events that in- THE RETIREMENT OF JIM BARR a first lieutenant and captain after cluded parades, auctions, an all-school ∑ Mr. KOHL. Mr. President, today I graduating in physics from the Georgia reunion, and community breakfasts. wish to honor my friend, James Barr Institute of Technology Reserve Officer Mr. President, I ask the Senate to III, a respected citizen of Wisconsin Training Program in 1976. Upon com- join me in congratulating Mayville, and a distinguished business executive, pletion of his military service he con- ND, and its residents on their first 125 who has served with integrity and dis- tinued with the BRL as a civilian em- years and in wishing them well tinction as president and chief execu- ployee. Over the next several years he through the next century. By honoring tive officer of TDS Telecommunication took on positions within the lab of ever Mayville and all the other historic Corporation since 1990. Mr. Barr is increasing responsibility culminating small towns of North Dakota, we keep stepping down from his position with in an assignment as the chief of the the great pioneering frontier spirit TDS later this year. Terminal Effects Division with the re- alive for future generations. It is places Jim Barr has built a strong business sponsibility for advanced lethality and such as Mayville that have helped to model for TDS Telecom that is widely survivability mechanisms, concepts, shape this country into what it is admired and emulated in the corporate and designs for future Army land war- today, which is why this fine commu- world. Under his leadership, TDS fare systems. nity is deserving of our recognition. Telecom has become a strong cus- In 1998, Dr. Morrison was selected as Mayville has a proud past and a tomer-focused organization that has a member of the Senior Executive bright future.∑ won numerous customer service Service and assigned as the director for research and laboratory management, f awards, including the prestigious JD Power and Associates annual award for Office of the Assistant Secretary of the THE LIFE OF LEON EPSTEIN exceptional customer care. He has cre- Army, Acquisition, Logistics and Tech- ∑ Mr. FEINGOLD. Mr. President, today ated a vigorous and vital business orga- nology. There, he was responsible for I wish to honor the memory of Leon nization with over 3,200 employees the Army Basic Research, Applied Re- Epstein, someone who contributed a serving 1.2 million customers in 29 search programs for the Army Re- great deal to the University of Wis- States. The company is now the sixth search Laboratory, Army Research In- consin and the study of political largest independent telephone com- stitute, Corps of Engineers, and Sim- science, and someone I was proud to pany in the Nation. ulation, Training and Instrumentation know. Jim Barr has given of his personal Command, as well as several Army- wide programs including Environment Leon, who passed away on Tuesday, time not only in his service to several Quality Technology, Manufacturing was a native Wisconsinite who gave national telecommunications industry Technology, and Army High Perform- back to our State through his dedi- boards but to numerous prestigious ance Computing. He also oversaw lab- cated work both as a scholar and an ad- public service organizations, including oratory management policy for all ministrator at UW. Born in 1919 in Bea- the United Way of Dane County, WI. Army laboratories and research cen- ver Dam, he went on to study at the Jim Barr has been an exemplary ters. University of Wisconsin-Madison, leader. His efforts have brought a high- where he earned a B.A. and then an er quality of life to the people who Dr. Morrison has over 80 technical M.A. in economics. He then spent vir- have served with him and to the com- publications. He was elected a fellow of tually his entire academic career on munity he has served. He is, however, the Ballistic Research Laboratory in the Madison campus, where for 40 years first and foremost, a loving and sup- 1992 and has been awarded the Depart- he was a beloved fixture in the political portive husband to Joan, his wife of 45 ment of the Army Decoration for Ex- science department—a department years, a caring and understanding fa- ceptional Civilian Service Award, the from which I was proud to graduate. He ther to his four children, and a proud Department of the Army Meritorious made an impact on countless students and devoted grandfather to eight Civilian Service Award, the Army Su- as he taught introductory courses and grandchildren. perior Civilian Service Award, the supervised doctoral dissertations for Mr. President, I therefore honor Jim Army Research and Development four decades. Barr today for his outstanding con- Achievement Award, and the Army En- Throughout his life, Leon remained tributions to the telecommunications gineer Association Bronze and Silver dedicated to his own research and inde- industry as well as Wisconsin. He is a de Fleury Medals. He received the pendent work. He received many pres- visionary and a builder, leader and a bachelor’s, masters and doctorate de- tigious fellowship grants and published mentor, a beloved husband, father, and grees in physics from the Georgia Insti- six books. He was widely recognized for grandfather, and I am proud to call tute of Technology. his book ‘‘Political Parties in Western him my friend.∑ Throughout his career, Dr. Morrison demonstrated a profound commitment Democracies,’’ which received the first f book award from the Political Organi- to the Army, the Corps of Engineers, zations and Parties Section of the TRIBUTE TO DR. WALTER F. and the Nation. He is a consummate American Political Science Associa- MORRISON, JR. professional whose performance in over tion. He also served as president of the ∑ Mr. LOTT. Mr. President, I wish to 30 years of service has personified those Midwest Political Science Association, recognize and pay tribute to Dr. Walter traits of competency and integrity that the British Politics Group, and the F. Morrison, Jr., Deputy Director of our Nation has come to expect of its American Political Science Associa- the U.S. Army Corps of Engineers Re- senior civilian leaders. tion. search and Development Center, ERDC, I ask my colleagues to join me in Leon also held the position of dean of in recognition of his exceptional con- thanking Dr. Morrison for his honor- the College of Letters and Science from tributions to the Nation. Dr. Morrison able service to the U.S. Army and the 1965 to 1969. In every capacity, Leon will soon retire with over 30 years serv- Nation. We wish him and his family earned the respect and friendship of ice to the Nation as a U.S. Army sol- Godspeed and all the best in the fu- ∑ those with whom he worked. He was dier and civilian leader. His efforts ture. someone I admired, both for who he over these years and his most recent was and for the many outstanding con- leadership in integrating and restruc- f tributions he made to the study of po- turing the Corps of Engineers Research litical science. He leaves behind a great and Development has been exceptional MESSAGES FROM THE PRESIDENT legacy. People will study his work for and will have a significant, long-term Messages from the President of the many years to come. And those of us positive effect on the lives of our sol- United States were communicated to who knew him will remember a man of diers in combat and the safety of our the Senate by Ms. Evans, one of his tremendous character who gave so citizens. secretaries.

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2006 CONGRESSIONAL RECORD — SENATE S8795 EXECUTIVE MESSAGES REFERRED EXECUTIVE AND OTHER partment of Commerce, transmitting, pursu- COMMUNICATIONS ant to law, the report of a rule entitled As in executive session the Presiding ‘‘Fisheries of the Exclusive Economic Zone Officer laid before the Senate messages The following communications were Off Alaska; Pacific Cod by Catcher Vessels from the President of the United laid before the Senate, together with Using Trawl Gear in the Bering Sea and States submitting sundry nominations accompanying papers, reports, and doc- Aleutian Islands Management Area’’ (ID which were referred to the appropriate uments, and were referred as indicated: 071306D) received on July 27, 2006; to the committees. EC–7759. A communication from the Acting Committee on Commerce, Science, and (The nominations received today are Director, Office of Sustainable Fisheries, De- Transportation. printed at the end of the Senate pro- partment of Commerce, transmitting, pursu- EC–7768. A communication from the Sec- ceedings.) ant to law, the report of a rule entitled retary of Transportation transmitting, pur- ‘‘International Fisheries; Pacific Tuna Fish- suant to law, the report entitled ‘‘Manage- f eries; Restrictions for 2006 Longline Fish- ment Decisions and Final Actions on Office eries in the Eastern Tropical Pacific Ocean; of Inspector General Audit Recommenda- Fishery Closure’’ (RIN0648–AT33) received on MEASURES REFERRED tions’’ for the period ending March 31, 2006; July 27, 2006; to the Committee on Com- to the Committee on Commerce, Science, The following bills were read the first merce, Science, and Transportation. and Transportation. EC–7760. A communication from the Dep- and the second times by unanimous EC–7769. A communication from the Under uty Assistant Administrator for Operations, consent, and referred as indicated: Secretary of Commerce for Oceans and At- Office of Sustainable Fisheries, Department mosphere, Department of Commerce, trans- H.R. 2389. An act to amend title 28, United of Commerce, transmitting, pursuant to law, mitting, pursuant to law, a report relative to States Code, with respect to the jurisdiction the report of a rule entitled ‘‘Fisheries off the activities of the Northwest Atlantic of Federal courts over certain cases and con- West Coast States; Coastal Pelagic Species Fisheries Organization for 2005; to the Com- troversies involving the Pledge of Alle- Fisheries; Annual Specifications; Pacific mittee on Commerce, Science and Transpor- giance; to the Committee on the Judiciary. Sardine Fishery’’ (RIN0648–AT76) received on tation. H.R. 3085. An act to amend the National July 27, 2006; to the Committee on Com- Trails System Act to update the feasibility merce, Science, and Transportation. EC–7770. A communication from the Acting and suitability study originally prepared for EC–7761. A communication from the Dep- Assistant Secretary, Fisheries and Habitat the Trail of Tears National Historic Trail uty Assistant Administrator for Regulatory Conservation, Department of the Interior, and provide for the inclusion of new trail Programs, Office of Sustainable Fisheries, transmitting, pursuant to law, the report of segments, land components, and camp- Department of Commerce, transmitting, pur- a rule entitled ‘‘Marine Mammal; Incidental grounds associated with that trail, and for suant to law, the report of a rule entitled Take During Specified Activities (Beaufort other purposes; to the Committee on Energy ‘‘Spiny Dogfish Fishery Management Plan; Sea)’’ (RIN1018–AT82) received on July 31, and Natural Resources. 2006–2008 Specifications’’ (RIN0648–AT59) re- 2006; to the Committee on Commerce, H.R. 4075. An act to amend the Marine ceived on July 27, 2006; to the Committee on Science, and Transportation. Mammal Protection Act of 1972 to provide Commerce, Science, and Transportation. EC–7771. A communication from the Direc- for better understanding and protection of EC–7762. A communication from the Acting tor, Bureau of Economic Analysis, Depart- marine mammals, and for other purposes; to Director, Domestic Fisheries Division. Office ment of Commerce, transmitting, pursuant the Committee on Commerce, Science, and of Sustainable Fisheries, Department of to law, the report of a rule entitled ‘‘Direct Transportation. Commerce, transmitting, pursuant to law, Investment Surveys: BE–577, Direct Trans- H.R. 4894. An act to provide for certain ac- the report of a rule entitled ‘‘Fisheries of the actions of U.S. Reporter with Foreign Affil- cess to national crime information databases Exclusive Economic Zone Off Alaska; Squid iate’’ (RIN0691–AA57) received on August 1, by schools and educational agencies for em- in the Bering Sea and Aleutian Islands Man- 2006; to the Committee on Commerce, ployment purposes, with respect to individ- agement Area’’ (ID 071706A) received on July Science, and Transportation. uals who work with children; to the Com- 27, 2006; to the Committee on Commerce, mittee on the Judiciary. Science, and Transportation. EC–7772. A communication from the Acting H.R. 5013. An act to amend the Robert T. EC–7763. A communication from the Acting Director, Domestic Fisheries Division, De- Stafford Disaster Relief and Emergency As- Director, Domestic Fisheries Division, De- partment of Commerce, transmitting, pursu- sistance Act to prohibit the confiscation of partment of Commerce, transmitting, pursu- ant to law, the report of a rule entitled firearms during certain national emer- ant to law, the report of a rule entitled ‘‘Fisheries of the Exclusive Economic Zone gencies; to the Committee on the Judiciary. ‘‘Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Ocean Perch in the Cen- H.R. 5187. An act to amend the John F. Off Alaska; Pacific Ocean Perch in the West- tral Regulatory Area of the Gulf of Alaska’’ Kennedy Center Act to authorize additional ern Aleutian District of the Bering Sea and (ID 070606A) received on August 1, 2006; to the appropriations for the John F. Kennedy Cen- Aleutian Islands Management Area’’ (ID Committee on Commerce, Science, and ter for the Performing Arts for fiscal year 071406C) received on July 27, 2006; to the Transportation. 2007; to the Committee on Environment and Committee on Commerce, Science, and EC–7773. A communication from the Assist- Public Works. Transportation. ant Administrator for Fisheries, Office of H.R. 5534. To provide grants from moneys EC–7764. A communication from the Acting Sustainable Fisheries, Department of Com- collected from violations of the corporate Director, Office of Sustainable Fisheries, De- merce, transmitting, pursuant to law, the re- average fuel economy program to be used to partment of Commerce, transmitting, pursu- port of a rule entitled ‘‘Fisheries of the Ex- expand infrastructure necessary to increase ant to law, the report of a rule entitled clusive Economic Zone Off Alaska; Bering the availability of alternative fuels; to the ‘‘Fisheries of the Exclusive Economic Zone Sea and Aleutian Islands King and Tanner Committee on Energy and Natural Re- Off Alaska; Yellowfin Sole in the Bering Sea Crab Fishery Resources; Crab Economic sources. and Aleutian Islands Management Area’’ (ID Data Reports’’ (RIN0648–AU44) received on H.R. 5646. An act to study and promote the 071306C) received on July 27, 2006; to the August 1, 2006; to the Committee on Com- use of energy efficient computer servers in Committee on Commerce, Science, and merce, Science, and Transportation. the United States; to the Committee on En- Transportation. EC–7774. A communication from the Acting ergy and Natural Resources. EC–7765. A communication from the Acting Director, Office of Sustainable Fisheries, De- Director, Domestic Fisheries Division, De- The following concurrent resolution partment of Commerce, transmitting, pursu- partment of Commerce, transmitting, pursu- ant to law, the report of a rule entitled was read, and referred as indicated: ant to law, the report of a rule entitled ‘‘Fisheries of the Exclusive Economic Zone H. Con. Res. 459. Concurrent resolution ‘‘Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Ocean Perch in the East- providing for an adjournment or recess of the Off Alaska; Pelagic Shelf Rockfish in the ern Aleutian District of the Bering Sea and two Houses; to the Committee on Appropria- Western Regulatory Area of the Gulf of Alas- Aleutian Islands Management Area’’ (ID tions. ka’’ (ID 071406B) received on July 27, 2006; to 070506A) received on August 1, 2006; to the the Committee on Commerce, Science, and Committee on Commerce, Science, and f Transportation. EC–7766. A communication from the Acting Transportation. MEASURES READ THE FIRST TIME Director, Domestic Fisheries Division, De- EC–7775. A communication from the Assist- ant Administrator for Fisheries, Office of The following bills were read the first partment of Commerce, transmitting, pursu- ant to law, the report of a rule entitled Sustainable Fisheries, Department of Com- time: ‘‘Fisheries of the Exclusive Economic Zone merce, transmitting, pursuant to law, the re- H.R. 4157. To promote a better health infor- Off Alaska; Northern Rockfish in the West- port of a rule entitled ‘‘Fisheries of the Ex- mation system. ern Regulatory Area of the Gulf of Alaska’’ clusive Economic Zone Off Alaska; Allo- H.R. 4890. To amend the Congressional (ID 071406D) received on July 27, 2006; to the cating Bering Sea and Aleutian Islands King Budget and Impoundment Control Act of 1974 Committee on Commerce, Science, and and Tanner Crab Fishery Resources’’ (ID to provide for the expedited consideration of Transportation. 033106A) received on August 1, 2006; to the certain proposed rescissions of budget au- EC–7767. A communication from the Acting Committee on Commerce, Science, and thority. Director, Office of Sustainable Fisheries, De- Transportation.

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00071 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8796 CONGRESSIONAL RECORD — SENATE August 3, 2006 EC–7776. A communication from the Dep- Federal Communications Commission, trans- rangements Under the Anti-Kickback Stat- uty Assistant Administrator for Regulatory mitting, pursuant to law, the report of a rule ute’’ (RIN0991–AB39) received on August 1, Programs, Office of Sustainable Fisheries, entitled ‘‘Amendment of Section 73.202(b), 2006; to the Committee on Health, Education, Department of Commerce, transmitting, pur- Table of Allotments, FM Broadcast Stations Labor, and Pensions. suant to law, the report of a rule entitled (Lometa, and Richland Springs, Texas)’’ (MB EC–7794. A communication from the Regu- ‘‘Fisheries Off West Coast States; Coastal Docket 05–305) received on August 2, 2006; to lations Coordinator, Centers for Medicare Pelagic Species Fisheries; Amendment 11’’ the Committee on Commerce, Science, and and Medicaid Services, Department of (RIN0648–AT11) received on August 1, 2006; to Transportation. Health and Human Services, transmitting, the Committee on Commerce, Science, and EC–7786. A communication from the Asso- pursuant to law, the report of a rule entitled Transportation. ciate Managing Director, Office of Managing EC–7777. A communication from the Acting Director, Federal Communications Commis- ‘‘Medicare Program; Changes to the Hospital Director, National Marine Fisheries Service, sion, transmitting, pursuant to law, the re- Inpatient Prospective Payment Systems and Department of Commerce, transmitting, pur- port of a rule entitled ‘‘Assessment and Col- Fiscal Year 2007 Rates; Fiscal Year 2007 Oc- suant to law, the report of a rule entitled lection of Regulatory Fees for Fiscal Year cupational Mix Adjustment to Wage Index; ‘‘Fisheries of the Caribbean, Gulf of Mexico, 2006’’ (MD Docket No. 06–68; FCC 06–102) re- Health Care Infrastructure Improvement and South Atlantic; Shrimp Fishery of the ceived on August 2, 2006; to the Committee Program; Selection Criteria of Loan Pro- Gulf of Mexico; Adjustment of the Ending on Commerce, Science, and Transportation. gram for Qualifying Hospitals Engaged in Date of the Texas Closure’’ (ID 070306A) re- EC–7787. A communication from the Acting Cancer Related Health Care and Forgiveness ceived on August 1, 2006; to the Committee Chief, Telecommunications Access Policy of Indebtedness; and Exclusion of Vendor on Commerce, Science, and Transportation. Division, Wireline Competition Bureau, Fed- Purchases Made under the Competitive Ac- EC–7778. A communication from the Acting eral Communications Commission, transmit- quisition Program (CAP) for Outpatient Director, Office of Sustainable Fisheries, Do- ting, pursuant to law, the report of a rule en- Drugs and Biologicals Under Part B for the mestic Fisheries Division, Department of titled ‘‘In the matter of Universal Service Purpose of Calculating the Average Sales Commerce, transmitting, pursuant to law, Contribution Methodology; Federal-State Price (ASP)’’ (RIN0938–AO12; 0938–AO03; 0938– the report of a rule entitled ‘‘Fisheries of the Joint Board on Universal Service—FCC 06– AN93; 0938–AN58) received on August 1, 2006; Exclusive Economic Zone Off Alaska; Pacific 94’’ (FCC 06–94) received on August 2, 2006; to to the Committee on Health, Education, Ocean Perch in the Central Aleutian District the Committee on Commerce, Science, and Labor, and Pensions. of the Bering Sea and Aleutian Islands Man- Transportation. EC–7795. A communication from the Chief, agement Area’’ (ID 070706B) received on Au- EC–7788. A communication from the Legal gust 1, 2006; to the Committee on Commerce, Publications and Regulations Branch, Inter- Advisor to the Chief, Media Bureau, Federal nal Revenue Service, Department of the Science , and Transportation. Communications Commission, transmitting, EC–7779. A communication from the Acting Treasury, transmitting, pursuant to law, the pursuant to law, the report of a rule entitled Director, Domestic Fisheries Division, Office report of a rule entitled ‘‘Report of Tips by ‘‘Amendment of Section 73.202(b), Table of of Sustainable Fisheries, Department of Employee to Employer’’ (Revenue Procedure Allotments, FM Broadcast Stations (Amer- Commerce, transmitting, pursuant to law, 2006–30) received on August 2, 2006; to the icus and Emporia, Kansas)’’ (MB Docket No. the report of a rule entitled ‘‘Fisheries of the Committee on Finance. 05–139) received on August 2, 2006; to the Exclusive Economic Zone Off Alaska; Pacific Committee on Commerce, Science, and EC–7796. A communication from the Chief, Ocean Perch in the Western Regulatory Area Transportation. Publications and Regulations Branch, Inter- of the Gulf of Alaska’’ (ID 071006F) received EC–7789. A communication from the Asso- nal Revenue Service, Department of Treas- on August 1, 2006; to the Committee on Com- ciate Bureau Chief, Media Bureau, Federal ury, transmitting, pursuant to law, the re- merce, Science, and Transportation. Communications Commission, transmitting, port of a rule entitled ‘‘Filed Directive on EC–7780. A communication from the Acting Deductibility of Casino Comps’’ (IRC Section Director, Domestic Fisheries Division, Office pursuant to law, the report of a rule entitled ‘‘Amendment of Section 73.202(b), Table of 274) received on August 2, 2006; to the Com- of Sustainable Fisheries, Department of mittee on Finance. Commerce, transmitting, pursuant to law, Allotments, FM Broadcast Stations the report of a rule entitled ‘‘Fisheries of the (Altamont and Odin, Illinois)’’ (MB Docket EC–7797. A communication from the Chief, Exclusive Economic Zone Off Alaska; Pacific No. 05–86) received on August 2, 2006; to the Publications and Regulations, Internal Rev- Ocean Perch in the West Yakutat District of Committee on Commerce, Science, and enue Service, Department of the Treasury, the Gulf of Alaska’’ (ID 071106B) received on Transportation. transmitting, pursuant to law, the report of August 1, 2006; to the Committee on Com- EC–7790. A communication from the Legal a rule entitled ‘‘Announcement of Amend- merce, Science, and Transportation. Advisor to the Bureau Chief, Media Bureau, ment to Effective Date Provision of Treas. EC–7781. A communication from the Acting Federal Communications Commission, trans- Reg. 1.7874–2T’’ (Notice 2006–70) received on Director, Office of Sustainable Fisheries, De- mitting, pursuant to law, the report of a rule August 2, 2006; to the Committee on Finance. entitled ‘‘Amendment of Section 73.202(b), partment of Commerce, transmitting, pursu- EC–7798. A communication from the Chief, ant to law, the report of a rule entitled Table of Allotments, FM Broadcast Stations (Austwell, Refugio, and Victoria, Texas)’’ Publications and Regulations Branch, Inter- ‘‘Final Rule: Nantucket Lightship Scallop nal Revenue Service, Department of the Access Area (NLCA) Closure for General Cat- (MB Docket No. 05–154) received on August 2, 2006; to the Committee on Commerce, Treasury, transmitting, pursuant to law, the egory Scallop Vessels’’ (RIN0648–AU47) re- report of a rule entitled ‘‘Exclusion of Em- ceived on August 1, 2006; to the Committee Science, and Transportation. EC–7791. A communication from the Acting ployees of 501(c)(3) Organizations in 401(k) on Commerce, Science and Transportation. and 401(m) Plans’’ (RIN1545–BC87) received EC–7782. A communication from the Legal Executive Director, Pension Benefit Guar- on August 2, 2006; to the Committee on Fi- Advisor to the Bureau Chief, Media Bureau, anty Corporation, transmitting, pursuant to nance. Federal Communications Commission, trans- law, the report of a rule entitled ‘‘Benefits mitting, pursuant to law, the report of a rule Payable in Terminated Single-Employer EC–7799. A communication from the entitled ‘‘Amendment of Section 73.202(b), Plans; Allocation of Assets in Single-Em- Branch Chief, Publications and Regulations Table of Allotments, FM Broadcast Stations ployer Plans; Interest Assumptions for Val- Branch, Internal Revenue Service, Depart- (Aspen and Leadville, Colorado)’’ (MB Dock- uing and Paying Benefits’’ (29 CFR Parts 4022 ment of the Treasury, transmitting, pursu- et No . 05–184) received on August 2, 2006; to and 4044) received on August 2, 2006; to the ant to law, the report of a rule entitled ‘‘May the Committee on Commerce, Science, and Committee on Health, Education, Labor, and 2006 Revision of Instructions for Form 3115’’ Transportation. Pensions. (Announcement 2006–52) received on August EC–7783. A communication from the Dep- EC–7792. A communication from the Regu- 2, 2006; to the Committee on Finance. lations Coordinator, Department of Health uty Chief, Pricing Policy Division, Wireline EC–7800. A communication from the Chief, and Human Services, transmitting, pursuant Competition Bureau, Federal Communica- Publications and Regulations Branch, Inter- to law, the report of a rule entitled ‘‘Medi- tions Commission, transmitting, pursuant to nal Revenue Service, Department of the care Program; Physicians’ Referrals to law, the report of a rule entitled ‘‘Regulation Treasury, transmitting, pursuant to law, the Health Care Entities With Which They Have of Prepaid Calling Card Services’’ (WC Dock- report of a rule entitled ‘‘Bureau of Labor Financial Relationships; Exception for Cer- et No. 05–68; FCC 06–79) received on August 2, Statistics Price Indexes for Department tain Electronic Prescribing and Electronic 2006; to the Committee on Commerce, Stores—May 2006’’ (Rev. Rul. 2006–40) re- Health Records Arrangements’’ (RIN0938– Science, and Transportation. ceived on August 2, 2006; to the Committee EC–7784. A communication from the Asso- AN69) received on August 1, 2006; to the Com- on Finance. ciate Bureau Chief, Wireless Telecommuni- mittee on Health, Education, Labor, and cations Bureau, Federal Communications Pensions. EC–7801. A communication from the Chief, Commission, transmitting, pursuant to law, EC–7793. A communication from the Regu- Publications and Regulations, Internal Rev- the report of a rule entitled ‘‘Improving Pub- lations Coordinator, Office of Inspector Gen- enue Service, Department of the Treasury, lic Safety in the 800 MHz Band’’ (WT Docket eral, Department of Health and Human Serv- transmitting, pursuant to law, the report of No. 02–55; FCC 06–63) received on August 2, ices, transmitting, pursuant to law, the re- a rule entitled ‘‘Announcement that Identi- 2006; to the Committee on Commerce, port of a rule entitled ‘‘Medicare and State fies Specified Covering Services Eligible for Science, and Transportation. Health Care Programs; Fraud and Abuse; Services Cost Method Under Section 482’’ EC–7785. A communication from the Legal Safe Harbors for Certain Electronic Pre- (Announcement 2006–50) received on August Advisor to the Bureau Chief, Media Bureau, scribing and Electronic Health Records Ar- 2, 2006; to the Committee on Finance.

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00072 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2006 CONGRESSIONAL RECORD — SENATE S8797 EC–7802. A communication from the Regu- EC–7812. A communication from the Chair- 2-Hydroxyethyl 2-Propenoate, N- lations Coordinator, Centers for Medicare man of the Council of the District of Colum- (Hydroxymethyl) -2-Methyl-20Propenamide and Medicaid Services, Department of bia, transmitting, pursuant to law, a report and Methyl 2-Methyl-2-Progenoate, Ammo- Health and Human Services, transmitting, on D.C. Act 16–459, ‘‘Independent Office of nium Salt; Tolerance Exemption’’ (FRL 8077– pursuant to law, the report of a rule entitled the Tenant Advocate Establishment Amend- 5) received on July 27, 2006; to the Committee ‘‘Medicare Program; Inpatient Rehabilita- ment Act of 2006’’ received on July 31, 2006; on Agriculture, Nutrition, and Forestry. tion Facility Prospective Payment System to the Committee on Homeland Security and EC–7824. A communication from the Prin- for Federal Fiscal Year 2007; Certain Provi- Governmental Affairs. cipal Deputy Associate Administrator, Envi- sions Concerning Competitive Acquisition EC–7813. A communication from the Chair- ronmental Protection Agency, transmitting, for Durable Medical Equipment, Prosthetics, man of the Council of the District of Colum- pursuant to law, the report of a rule entitled Orthotics, and Supplies (DMEPOS), Accredi- bia, transmitting, pursuant to law, a report ‘‘2H-Azepin-2-one, 1-Ethenylhexahydro-, tation of DMEPOS Suppliers’’ (RIN0938– on D.C. Act 16–460, ‘‘Mental Health Civil Homopolymer1; Tolerance Exemption’’ (FRL AO16) received August 1, 2006; to the Com- Commitment Extension Temporary Amend- 8075–7) received on July 27, 2006; to the Com- mittee on Finance. ment Act of 2006’’ received on July 31, 2006; mittee on Agriculture, Nutrition, and For- EC–7803. A communication from the Direc- to the Committee on Homeland Security and estry. tor, Defense Procurement and Acquisition Governmental Affairs. EC–7825. A communication from the Prin- Policy, Department of Defense, transmit- EC–7814. A communication from the Chair- cipal Deputy Associate Administrator, Envi- ting, pursuant to law, the report of a rule en- man of the Council of the District of Colum- ronmental Protection Agency, transmitting, titled ‘‘Types of Contracts’’ (DFARS Case bia, transmitting, pursuant to law, a report pursuant to law, the report of a rule entitled 2003–DO78) received on August 1, 2006; to the on D.C. Act 16–461, ‘‘Additional Sanctions for ‘‘Alachlor, Cholorothalonil, Methomyl, Committee on Armed Services. Nuisance Abatement and Office of the Ten- Metribuzin, Thiodicarb; Order Denying Peti- EC–7804. A communication from the Direc- ant Advocate Duties Clarification Tem- tion to Revoke Tolerances’’ (FRL 8079–8) re- tor, Office of the General Counsel, Office of porary Amendment Act of 2006’’ received on ceived on July 27, 2006; to the Committee on Personnel Management, transmitting, pursu- July 31, 2006; to the Committee on Homeland Agriculture, Nutrition, and Forestry. ant to law, the report of a rule entitled Security and Governmental Affairs. ‘‘OPM Employee Responsibilities and Con- EC–7815. A communication from the Chair- EC–7826. A communication from the Prin- duct’’ (RIN3206–AJ69) received on July 27, man of the Council of the District of Colum- cipal Deputy Associate Administrator, Envi- 2006; to the Committee on Homeland Secu- bia, transmitting, pursuant to law, a report ronmental Protection Agency, transmitting, rity and Governmental Affairs. on D.C. Act 16–462, ‘‘Living Wage Clarifica- pursuant to law, the report of a rule entitled EC–7805. A communication from the Direc- tion Temporary Amendment Act of 2006’’ re- ‘‘Fenhexamid; Pesticide Tolerance’’ (FRL tor, Strategic Human Resources Policy Divi- ceived on July 31, 2006; to the Committee on 8079–2) received on July 27, 2006; to the Com- sion, Office of Personnel Management, trans- Homeland Security and Governmental Af- mittee on Agriculture, Nutrition, and For- mitting, pursuant to law, the report of a rule fairs. estry. entitled ‘‘Excepted Service—Appointment of EC–7816. A communication from the Chair- EC–7827. A communication from the Prin- Persons with Disabilities and Career and Ca- man of the Council of the District of Colum- cipal Deputy Associate Administrator, Envi- reer-Conditional Employment’’ (RIN3206– bia, transmitting, pursuant to law, a report ronmental Protection Agency, transmitting, AK58) received on July 27, 2006; to the Com- on D.C. Act 16–463, ‘‘Historic Preservation pursuant to law, the report of a rule entitled mittee on Homeland Security and Govern- Amendment Act of 2006’’ received on July 31, ‘‘Inert Ingredients; Revocation of Two Toler- mental Affairs. 2006; to the Committee on Homeland Secu- ance Exemptions’’ (FRL 8079–9) received on EC–7806. A communication from the Direc- rity and Governmental Affairs. July 27, 2006; to the Committee on Agri- tor, Strategic Human Resources Policy, Of- EC–7817. A communication from the Chair- culture, Nutrition, and Forestry. fice of Personnel Management, transmitting, man of the Council of the District of Colum- EC–7828. A communication from the Prin- pursuant to law, the report of a rule entitled bia, transmitting, pursuant to law, a report cipal Deputy Associate Administrator, Envi- ‘‘Cost-of-Living Allowances (Nonforeign on D.C. Act 16–464, ‘‘Parking Enhancement ronmental Protection Agency, transmitting, Areas); COLA Rates Changes’’ (RIN3206– Amendment Act of 2006’’ received on July 31, pursuant to law, the report of a rule entitled AK67) received on July 27, 2006; to the Com- 2006; to the Committee on Homeland Secu- ‘‘Inert Ingredient; Revocation of the Wheat mittee on Homeland Security and Govern- rity and Governmental Affairs. Bran Tolerance Exemption’’ (FRL 8080–1) re- mental Affairs. EC–7818. A communication from the Chair- ceived on July 27, 2006; to the Committee on EC–7807. A communication from the Chair- man of the Council of the District of Colum- Agriculture, Nutrition, and Forestry. man of the Council of the District of Colum- bia, transmitting, pursuant to law, a report EC–7829. A communication from the Prin- bia, transmitting, pursuant to law, a report on D.C. Act 16–465, ‘‘Enhanced Professional cipal Deputy Associate Administrator, Envi- on D.C. Act 16–466, ‘‘Northwest One/Sursum Security Amendment Act of 2006’’ received ronmental Protection Agency, transmitting, Corda Affordable Housing Protection, Pres- on July 31, 2006; to the Committee on Home- pursuant to law, the report of a rule entitled ervation and Production Act of 2006’’ re- land Security and Governmental Affairs. ‘‘Oxirane, Methyl-, Polymer with Oxirane, ceived on July 31, 2006; to the Committee on EC–7819. A communication from the Chair- Monobuthyl Ether; Tolerance Exemption’’ Homeland Security and Governmental Af- man of the Council of the District of Colum- (FRL 8078–4) received on July 27, 2006; to the fairs. bia, transmitting, pursuant to law, a report Committee on Agriculture, Nutrition, and EC–7808. A communication from the Chair- on D.C. Act 16–452, ‘‘Procurement of Natural Forestry. man of the Council of the District of Colum- Gas and Electricity Exemption Temporary EC–7830. A communication from the Execu- bia, transmitting, pursuant to law, a report Amendment Act of 2006’’ received on July 31, tive Director, Commodity Futures Trading on D.C. Act 16–455, ‘‘Marvin Gaye Recreation 2006; to the Committee on Homeland Secu- Commission, transmitting, pursuant to law, Center and Playground Designation Act of rity and Governmental Affairs. the report of a rule entitled ‘‘Foreign Fu- EC–7820. A communication from the Chair- 2006’’ received on July 31, 2006; to the Com- tures and Options Transactions, 17 CFR Part man of the Council of the District of Colum- mittee on Homeland Security and Govern- 30 (71 FR 40395, July 17, 2006)’’ (71 FR 40395) bia, transmitting, pursuant to law, a report mental Affairs. received on July 27, 2006; to the Committee EC–7809. A communication from the Chair- on D.C. Act 16–453, ‘‘Parking Amendment Act on Agriculture , Nutrition, and Forestry. man of the Council of the District of Colum- of 2006’’ received on July 31, 2006; to the Com- bia, transmitting, pursuant to law, a report mittee on Homeland Security and Govern- EC–7831. A communication from the Ad- on D.C. Act 16–456, ‘‘Public Assistance Con- mental Affairs. ministrator, Agricultural Marketing Serv- fidentiality of Information Amendment Act EC–7821. A communication from the Chair- ice, Department of Agriculture, transmit- of 2006’’ received on July 31, 2006; to the Com- man of the Council of the District of Colum- ting, pursuant to law, the report of a rule en- mittee on Homeland Security and Govern- bia, transmitting, pursuant to law, a report titled ‘‘Nectarines and Peaches Grown in mental Affairs. on D.C. Act 16–454, ‘‘Barber and Cosmetolo- California; Order Amending Marketing Order EC–7810. A communication from the Chair- gist License Act of 2006’’ received on July 31, Nos. 916 and 917’’ (Docket Nos. AO–90–A7; man of the Council of the District of Colum- 2006; to the Committee on Homeland Secu- FV05–916–1) received July 31, 2006; to the bia, transmitting, pursuant to law, a report rity and Governmental Affairs. Committee on Agriculture, Nutrition, and on D.C. Act 16–457, ‘‘Low-Income Disabled EC–7822. A communication from the Dis- Forestry. Tenant Rental Conversion Protection trict of Columbia Auditor transmitting, pur- EC–7832. A communication from the Ad- Amendment Act of 2006’’ received on July 31, suant to law, the report entitled ‘‘Auditor’s ministrator, Agricultural Marketing Serv- 2006; to the Committee on Homeland Secu- Examination of Parking Meter Contract Ad- ice, Department of Agriculture, transmit- rity and Governmental Affairs. ministration and Financial Management’’; to ting, pursuant to law, the report of a rule en- EC–7811. A communication from the Chair- the Committee on Homeland Security and titled ‘‘Interim Final Rule Amending the man of the Council of the District of Colum- Governmental Affairs. Egg Research and Promotion Rules and Reg- bia, transmitting, pursuant to law, a report EC–7823. A communication from the Prin- ulations to Redistrict Geographic Areas’’ on D.C. Act 16–458, ‘‘Dedication of Public ciple Deputy Associate Administrator, Envi- (Docket No. PY–06–001) received July 31, 2006; Streets and Alleys in Squares 5318, 5319, and ronmental Protection Agency, transmitting, to the Committee on Agriculture, Nutrition, 5320 S.O. 05–8132, Act of 2006’’ received on pursuant to law, the report of a rule entitled and Forestry. July 31, 2006; to the Committee on Homeland ‘‘2-Propenoic Acid, 2-Methyl-, Polymer with EC–7833. A communication from the Ad- Security and Governmental Affairs. Ethenylbenzene, 2-Ethylhexyl 2-Propenoate, ministrator, Poultry Programs, Department

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8798 CONGRESSIONAL RECORD — SENATE August 3, 2006 of Agriculture, transmitting, pursuant to ment of State, transmitting, pursuant to the ronmental Protection Agency, transmitting, law, the report of a rule entitled ‘‘Updating Arms Export Control Act, the certification pursuant to law, the report of a rule entitled Administrative Requirements for Voluntary of a proposed license for the export of de- ‘‘Hazardous Waste Management System; Shell Egg, Poultry, and Rabbit Grading’’ fense articles or defense services sold com- Modification of the Hazardous Waste Pro- (RIN0581–AC25) received on July 31, 2006; to mercially under contract in the amount of gram; Cathode Ray Tubes’’ (FRL 8203–1) re- the Committee on Agriculture, Nutrition, $100,000,000 or more to Japan; to the Com- ceived on July 27, 2006; to the Committee on and Forestry. mittee on Foreign Relations. Environment and Public Works. EC–7834. A communication from the Ad- EC–7844. A communication from the Assist- EC–7854. A communication from the Assist- ministrator, Agricultural Marketing Serv- ant Secretary, Legislative Affairs, Depart- ant Secretary of the Army (Civil Works), De- ice, Department of Agriculture, transmit- ment of State, transmitting, pursuant to the partment of the Army, transmitting, pursu- ting, pursuant to law, the report of a rule en- Arms Export Control Act, the certification ant to law, a report relative to the environ- titled ‘‘Irish Potatoes Grown in Colorado; of a proposed manufacturing license agree- mental restoration and protection of Smith Suspension of Continuous Assessment Rate’’ ment for the export of defense articles and Island, Maryland; to the Committee on Envi- (Docket No. FV06–948–1 IFR) received on defense services sold commercially under ronment and Public Works. July 31, 2006; to the Committee on Agri- contract in the amount of $50,000,000 or more EC–7855. A communication from the Chair- culture, Nutrition, and Forestry. to Mexico; to the Committee on Foreign Re- man of the Federal Energy Regulatory Com- EC–7835. A communication from the Direc- lations. mission, transmitting, pursuant to law, a re- tor of the Regulatory Review Group, Farm EC–7845. A communication from the Assist- Service Agency, Department of Agriculture, port relative to the recommendations of re- ant Secretary, Legislative Affairs, Depart- gional joint boards for the study of economic transmitting, pursuant to law, the report of ment of State, transmitting, pursuant to the a rule entitled ‘‘Regulations Regarding Em- dispatch; to the Committee on Energy and Arms Export Control Act, the certification Natural Resources. ployee Conflicts of Interest’’ (RIN0560–AH57) of a proposed license for the export of de- received August 1, 2006; to the Committee on EC–7856. A communication from the Sec- fense articles or defense services sold com- retary of the Department of Energy, trans- Agriculture, Nutrition, and Forestry. mercially under contract in the amount of EC–7836. A communication from the Ad- mitting, pursuant to law, the annual report $50,000,000 or more to Singapore; to the Com- ministrator of the Food and Nutrition Serv- relative to the Strategic Petroleum Reserve mittee on Foreign Relations. ice, Department of Agriculture, transmit- for the year 2005; to the Committee on En- EC–7846. A communication from the Assist- ting, pursuant to law, the report of a rule en- ergy and Natural Resources. ant Secretary, Legislative Affairs, Depart- titled ‘‘Uniform Federal Assistance Regula- EC–7857. A communication from the Acting ment of State, transmitting, pursuant to tions; Nondiscretionary Technical Amend- Assistant Secretary for Fish and Wildlife and law, a report relative to the termination of ments’’ (RIN0584–AD16) received August 1, Parks, Department of the Interior, transmit- the 15% Danger Pay Allowance for Sarajevo, 2006; to the Committee on Agriculture, Nu- ting a draft of a bill entitled ‘‘National Her- Bosnia-Herzegovina; to the Committee on trition, and Forestry. itage Areas Partnership Act’’; to the Com- Foreign Relations. EC–7837. A communication from the Execu- mittee of Energy and Natural Resources. tive Director, Commodity Futures Trading EC–7847. A communication from the Assist- ant Legal Adviser for Treaty Affairs, Depart- EC–7858. A communication from the Sec- Commission, transmitting, pursuant to law, retary of Energy, transmitting, pursuant to the report of a rule entitled ‘‘Joint Final ment of State, transmitting, pursuant to law, a report relative to agreements between law, a report relative to the Department of Rules: Application of the Definition of Nar- Energy’s Underground Storage Tank (UST) row-Based Security Index to Debt Securities the United States and Taiwan; to the Com- mittee on Foreign Relations. compliance strategy; to the Committee on Indexes and Security Futures on Debt Secu- Energy and Natural Resources. rities, 17 CFR Part 240 (71 FR 39534, July 13, EC–7848. A communication from the Assist- ant Secretary, Legislative Affairs, Depart- EC–7859. A communication from the Sec- 2006)’’ (RIN3235–AJ54) received on August 2, retary of Energy, transmitting, pursuant to 2006; to the Committee on Agriculture, Nu- ment of State, transmitting, pursuant to law, a report relative to the establishment of law, a report relative to the Department of trition, and Forestry. Energy’s strategic research portfolio anal- EC–7838. A communication from the Con- the 15% Danger Pay Allowance for East ysis and coordination plan; to the Com- gressional Review Coordinator, Animal and Timor; to the Committee on Foreign Rela- mittee on Energy and Natural Resources. Plant Health Inspection Service, Department tions. of Agriculture, transmitting, pursuant to EC–7849. A communication from the Assist- EC–7860. A communication from the Sec- law, the report of a rule entitled ‘‘Citrus ant Secretary, Legislative Affairs, Depart- retary of Energy, transmitting, pursuant to Canker; Quarantine of the State of Florida’’ ment of State, transmitting, pursuant to law, a report relative to the estimated cost (Docket No. 06–114–1) received August 1, 2006; law, a report relative to the removal of a and proposed schedule for the completion of to the Committee on Agriculture, Nutrition, specific sonar system from the United States the Environmental Impact Statement and and Forestry. Munitions List (USML); to the Committee record of decision for the disposal of greater- EC–7839. A communication from the Presi- on Foreign Relations. than-class C low-level radioactive waste; to dent of the United States of America, trans- EC–7850. A communication from the Assist- the Committee on Energy and Natural Re- mitting, pursuant to law, a report relative to ant Legal Adviser for Treaty Affairs, Depart- sources. the export to the People’s Republic of China ment of State, transmitting, pursuant to the EC–7861. A communication from the Gen- of items not detrimental to the United Case-Zablocki Act, 1 U.S.C. 112b, as amended, eral Counsel, Department of Housing and States space launch industry; to the Com- the report of the texts and background state- Urban Development, transmitting, pursuant mittee on Foreign Relations. ments of international agreements, other to law, (4) reports relative to vacancy an- EC–7840. A communication from the Assist- than treaties (List 06–170—06–185); to the nouncements within the Agency, received on ant Secretary, Legislative Affairs, Depart- Committee on Foreign Relations. August 1, 2006; to the Committee on Bank- ment of State, transmitting, pursuant to the EC–7851. A communication from the Prin- ing, Housing, and Urban Affairs. Arms Export Control Act, the certification cipal Deputy Associate Administrator, Office of a proposed license for the export of de- of Policy, Economics and Innovation, Envi- f fense articles or defense services sold com- ronmental Protection Agency, transmitting, mercially under contract in the amount of pursuant to law, the report of a rule entitled $100,000,000 or more to Spain; to the Com- ‘‘Approval and Promulgation of Implementa- PETITIONS AND MEMORIALS mittee on Foreign Relations. tion Plans for Arizona; Maricopa County The following petitions and memo- EC–7841. A communication from the Assist- PM–10 Nonattainment Area; Serious Area ant Secretary, Legislative Affairs, Depart- Plan for Attainment of the 24-Hour and An- rials were laid before the Senate and ment of State, transmitting, pursuant to the nual PM–10 Standards’’ (FRL 8204–8) received were referred or ordered to lie on the Arms Export Control Act, the certification on July 27, 2006; to the Committee on Envi- table as indicated: of a proposed license for the export of de- ronment and Public Works. POM–419. A resolution adopted by the fense articles or defense services sold com- EC–7852. A communication from the Prin- House of Representatives of the Legislature mercially under contract in the amount of cipal Deputy Associate Administrator, Office of the State of Texas relative to memori- $100,000,000 or more to the United Kingdom; of Policy, Economics and Innovation, Envi- alizing Congress to posthumously bestow the to the Committee on Foreign Relations. ronmental Protection Agency, transmitting, Congressional Medal of Honor upon Doris EC–7842. A communication from the Assist- pursuant to law, the report of a rule entitled ‘‘Dorie’’ Miller and to request the U.S. Post- ant Secretary, Legislative Affairs, Depart- ‘‘Guidelines Establishing Test Procedures for al Service to issue a commemorative postage ment of State, transmitting, pursuant to the the Analysis of Pollutants Under the Clean stamp to honor Miller; to the Committee on Arms Export Control Act, the certification Water Act; National Primary Drinking Armed Services. of a proposed license agreement for the man- Water Regulations; and National Secondary ufacture of significant military equipment Drinking Water Regulations; Analysis and HOUSE RESOLUTION NO. 106 abroad and the export of defense articles or Sampling Procedures’’ (FRL 8203–8) received Whereas, World War II hero Doris ‘‘Dorie’’ defense services in the amount of $100,000,000 on July 27, 2006; to the Committee on Envi- Miller exhibited extraordinary courage on or more to Japan; to the Committee on For- ronment and Public Works. the USS West Virginia during the December 7, eign Relations. EC–7853. A communication from the Prin- 1941, attack on Pearl Harbor, and his bravery EC–7843. A communication from the Assist- cipal Deputy Associate Administrator, Office has not received the full honors and recogni- ant Secretary, Legislative Affairs, Depart- of Policy, Economics and Innovation, Envi- tion that it merits; and

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00074 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2006 CONGRESSIONAL RECORD — SENATE S8799 Whereas, A native Texan, Dorie Miller was payment, is widely accepted in the United S. 2679. A bill to establish an Unsolved born in Waco on October 12, 1919, and en- States and internationally; it is used by Crimes Section in the Civil Rights Division listed in the United States Navy on Sep- businesses, governments, and consumers as of the Department of Justice, and an Un- tember 16, 1939; and payment for almost every type of commerce; solved Civil Rights Crime Investigative Of- Whereas, In the opening hours of America’s and fice in the Civil Rights Unit of the Federal entry into the war, the 22-year-old assisted Whereas, In most states, if the issuer of a Bureau of Investigation, and for other pur- fellow sailors and his wounded captain out of check has insufficient funds to cover that poses. the line of fire to shelter; he then manned a check, state law authorizes a financial insti- By Mr. ENZI, from the Committee on machine gun on which he had not been tution to impose a reasonable penalty Health, Education, Labor, and Pensions, trained, seizing both the initiative and the against the issuer in order to cover the ad- with an amendment in the nature of a sub- offense at a moment of critical national ministrative cost of processing that dishon- stitute: peril, and fired at the Japanese planes until ored check, and many financial institutions S. 2823. A bill to provide life-saving care for the crew was ordered to abandon the ship; elect to do precisely that; and those with HIV/AIDS. and Whereas, In addition, the recipient’s finan- Whereas, For heroism on the USS West Vir- By Ms. COLLINS, from the Committee on cial institution may charge the recipient— ginia, Admiral Chester Nimitz bestowed upon Homeland Security and Governmental Af- who typically is unaware of the check’s dubi- Dorie Miller the Navy Cross, the United fairs, with an amendment in the nature of a ous status—a penalty for the dishonored States Navy’s highest honor, during a cere- substitute and an amendment to the title: check and possibly could go so far as to mony on the flight deck of the USS Enter- S. 3721. A bill to amend the Homeland Se- prise at Pearl Harbor on May 27, 1942; Dorie charge back to the recipient’s account the curity Act of 2002 to establish the United Miller was the first African American to re- amount of the insufficient funds check even States Emergency Management Authority, ceive that award; and if the recipient’s financial institution had al- and for other purposes. Whereas, Dorie Miller was serving on the ready made the funds available to the recipi- USS Liscome Bay, an escort carrier, on No- ent, which may consequently create over- f vember 24, 1943, when his ship was sunk by a drafts of the recipient’s account resulting in Japanese submarine in an attack which cost the recipient incurring additional penalties the lives of 646 men; Dorie Miller was offi- arising from those overdrafts; and EXECUTIVE REPORTS OF cially presumed dead a year and a day after Whereas, Imposing a penalty upon the re- COMMITTEES the carrier went down; and cipient of an insufficient funds check is an Whereas, Besides the Navy Cross, he was unfair business practice because it punishes The following executive reports of entitled to the Purple Heart, the American the wrong party in this very common type of nominations were submitted: Defense Service Medal—Fleet Clasp, the Asi- financial transaction; and By Mr. DOMENICI for the Committee on atic-Pacific Campaign Medal, and the World Whereas, Because financial transactions Energy and Natural Resources. War II Victory Medal and in 1973, the United involving checks frequently cross state *Mark Myers, of Alaska, to be Director of States further recognized his military con- boundaries, it is desirable that a uniform, the United States Geological Survey. tributions by naming a frigate, the USS Mil- nationwide standard be established to ad- ler, after him; and dress this problem; now, therefore, be it *John Ray Correll, of Indiana, to be Direc- Whereas, His actions on the USS West Vir- Resolved, That the House of Representa- tor of the Office of Surface Mining Reclama- ginia and his valiant service to his country tives of the 79th Texas Legislature hereby re- tion and Enforcement. during World War II warrant the highest spectfully urge the Congress of the United *Drue Pearce, of Alaska, to be Federal Co- honor that a member of the United States States to enact legislation to prohibit a dis- ordinator for Alaska Natural Gas Transpor- Armed Forces can receive, the Congressional honored check recipient’s financial institu- tation Projects for the term prescribed by Medal of Honor, and justify also a special tion from assessing a penalty against the re- law. philatelic commemoration that will endear cipient and to instead authorize the recipi- By Mr. ENZI for the Committee on Health, this man of courage and selflessness to his ent’s financial institution to assess a penalty Education, Labor, and Pensions. fellow citizens and confer their utmost re- against the issuer’s financial institution, *Manfredi Piccolomini, of New York, to be spect and gratitude; now, therefore, be it which may in turn pass that penalty down to a Member of the National Council on the Hu- Resolved, That the House of Representa- the issuer; and, be it further manities for a term expiring January 26, tives of the 79th Texas Legislature hereby re- Resolved, That the chief clerk of the Texas 2012. spectfully request the Congress of the United *Ronald E. Meisburg, of Virginia, to be States of America to posthumously bestow House of Representatives forward official upon Doris ‘‘Dorie’’ Miller the Congressional copies of this resolution to the president of General Counsel of the National Labor Rela- Medal of Honor; and, be it further the United States, to the speaker of the tions Board for a term of four years. Resolved, That the House of Representa- house of representatives and the president of *Peter Schaumber, of the District of Co- tives of the 79th Texas Legislature hereby re- the senate of the United States Congress, lumbia, to be a Member of the National spectfully request the U.S. Postal Service and to all the members of the Texas delega- Labor Relations Board for the term of five and the Citizens’ Stamp Advisory Committee tion to the congress with the request that years expiring August 27, 2010. to issue a commemorative postage stamp this resolution be officially entered in the *Arthur F. Rosenfeld, of Virginia, to be l1onoring Doris ‘‘Dorie’’ Miller as part of Congressional Record as a memorial to the Federal Mediation and Conciliation Director. their Black Heritage series and that the Congress of the United States of America. *Karen Brosius, of South Carolina, to be a Texas delegation to the congress—as well as f Member of the National Museum and Library the Congressional Black Caucus—be hereby Services Board for the remainder of the term reverentially asked to join the effort to at- REPORTS OF COMMITTEES expiring December 6, 2006. tain issuance of such a postage stamp; and, The following reports of committees By Mr. SPECTER for the Committee on be it further the Judiciary. Resolved, That the chief clerk of the Texas were submitted: Frances Marie Tydingco-Gatewood, of House of Representatives forward official By Mr. ENZI, from the Committee on Guam, to be Judge for the District Court of copies of this resolution to the president of Health, Education, Labor, and Pensions, Guam for the term of ten years. the United States, to the postmaster gen- with an amendment in the nature of a sub- eral, to the speaker of the house of rep- stitute: Troy A. Eid, of Colorado, to be United resentatives and the president of the senate S. 843. A bill to amend the Public Health States Attorney for the District of Colorado of the United States Congress, to all the Service Act to combat autism through re- for the term of four years. members of the Texas delegation to the con- search, screening, intervention and edu- *Nomination was reported with rec- gress, and to all members of the Congres- cation (Rept. No. 109–318). ommendation that it be confirmed sub- sional Black Caucus, with the added request S. 3678. A bill to amend the Public Health ject to the nominee’s commitment to that this resolution be officially entered in Service Act with respect to public health se- the Congressional Record as a memorial to curity and all-hazards preparedness and re- respond to requests to appear and tes- the Congress of the United States of Amer- sponse, and for other purposes (Rept. No. 109– tify before any duly constituted com- ica. 319). mittee of the Senate. By Ms. COLLINS, from the Committee on (Nominations without an asterisk POM–420. A resolution adopted by the Homeland Security and Governmental Af- were reported with the recommenda- House of Representatives of the Legislature fairs, with amendments: tion that they be confirmed.) of the State of Texas relative to memori- S. 1838. A bill to provide for the sale, acqui- alizing Congress to enact legislation relating sition, conveyance, and exchange of certain to the assessment of penalties by a financial real property in the District of Columbia to f institution for an insufficient funds check; facilitate the utilization, development, and to the Committee on Banking, Housing, and redevelopment of such property, and for EXECUTIVE REPORT OF Urban Affairs. other purposes. COMMITTEE HOUSE RESOLUTION NO. 1300 By Mr. SPECTER, from the Committee on Whereas, The paper check, one of the the Judiciary, with an amendment in the na- The following executive report of world’s oldest and most common forms of ture of a substitute: committee was submitted:

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00075 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8800 CONGRESSIONAL RECORD — SENATE August 3, 2006 By Mr. LUGAR, from the Committee on Medicare coverage of individuals disabled by tarian needs of the people of Darfur, and for Foreign Relations: reason of exposure to tremolite asbestos; to other purposes; to the Committee on Foreign [Treaty Doc. 109–3 Protocol Amending 1962 the Committee on Finance. Relations. Extradition Convention with Israel (Ex. By Mrs. CLINTON: By Mrs. FEINSTEIN: Rept. 109–16)] S. 3790. A bill to create a set of effective S. 3802. A bill to amend the Consolidated The text of the committee-recommended voluntary national expectations, and a vol- Omnibus Budget Reconciliation Act of 1985 resolution of advice and consent to ratifica- untary national curriculum, for mathe- to expand the county organized health insur- tion is as follows: matics and science education in kinder- ing organizations authorized to enroll Med- Resolved (two-thirds of the Senators present garten through grade 12, and for other pur- icaid beneficiaries; to the Committee on Fi- concurring therein), That the Senate advise poses; to the Committee on Health, Edu- nance. and consent to the ratification of the Pro- cation, Labor, and Pensions. By Ms. LANDRIEU: By Mrs. HUTCHISON (for herself, Ms. tocol between the Government of the United S. 3803. A bill to establish national and COLLINS, and Ms. SNOWE): States of America and the Government of State putative father registries, to make the State of Israel Amending the Convention S. 3791. A bill to require the provision of information to parents and adults con- grants to States to promote responsible fa- on Extradition of 1962, signed at Jerusalem therhood, and for other purposes; to the on July 6, 2005 (Treaty Doc. 109–3). cerning bacterial meningitis and the avail- ability of a vaccination with respect to such Committee on Finance. f disease; to the Committee on Health, Edu- By Mr. AKAKA: INTRODUCTION OF BILLS AND cation, Labor, and Pensions. S. 3804. A bill to prohibit commercial air JOINT RESOLUTIONS By Mr. MARTINEZ: tour operations over Kalaupapa National S. 3792. A bill to amend the Internal Rev- Historical Park, Kaloka-Honokohau Na- The following bills and joint resolu- enue Code of 1986 to allow a credit against tional Historical Park, Pu’uhonua o tions were introduced, read the first tax for qualified elementary and secondary Honaunau National Historical Park, and and second times by unanimous con- education tuition; to the Committee on Fi- Pu’ukohola Heiau National Historic Site; to sent, and referred as indicated: nance. the Committee on Commerce, Science, and Transportation. By Mr. VITTER: By Mr. MENENDEZ: By Mr. LEVIN (for himself, Mr. BUN- S. 3780. A bill to require the Under Sec- S. 3793. A bill to amend title 18, United NING, and Ms. STABENOW): retary for Oceans and Atmosphere to develop States Code, to provide minimum mandatory a storm surge scale to be used in conjunction penalties for certain public-corruption-re- S. 3805. A bill to direct the Secretary of the with the Saffir-Simpson scale to measure lated offenses; to the Committee on the Judi- Interior to conduct a special resource study and predict the impact of storm surges ciary. to determine the suitability and feasibility caused by hurricanes and tropical storms By Mr. CRAPO: of including in the National Park System and for other purposes; to the Committee on S. 3794. A bill to provide for the implemen- certain sites in Monroe County, Michigan, Commerce, Science, and Transportation. tation of the Owyhee Initiative Agreement, relating to the Battles of the River Raisin By Mr. VITTER: and for other purposes; to the Committee on during the War of 1812; to the Committee on S. 3781. A bill to provide for hurricane and Energy and Natural Resources. Energy and Natural Resources. flood protection and coastal restoration By Mr. SMITH (for himself, Mr. ROCKE- By Ms. SNOWE (for herself, Mrs. LIN- projects in the State of Louisiana, and for FELLER, Mr. ISAKSON, Mr. DEWINE, COLN, Mrs. HUTCHISON, and Mr. other purposes; to the Committee on Home- Mr. BURR, Mr. BINGAMAN, Ms. STABE- KERRY): land Security and Governmental Affairs. NOW, and Mr. MENENDEZ): S. 3806. A bill to amend the Internal Rev- By Mr. VITTER: S. 3795. A bill to amend title XVIII of the enue Code of 1986 to provide a shorter recov- S. 3782. A bill to amend the Internal Rev- Social Security Act to provide for a two-year ery period for the depreciation of certain im- enue Code of 1986 to provide a credit against moratorium on certain Medicare physician provements to retail space; to the Com- the income tax for expenses incurred in any payment reductions for imaging services; to mittee on Finance. the Committee on Finance. hurricane or flood protection project; to the By Mr. ENZI (for himself and Mr. KEN- By Mr. CHAMBLISS: Committee on Finance. NEDY): S. 3796. A bill for the relief of Salah Naji By Mr. LAUTENBERG: S. 3807. A bill to amend the Public Health S. 3783. A bill to amend the Internal Rev- Sujaa; to the Committee on the Judiciary. By Mrs. CLINTON (for herself and Mr. Service Act and the Federal Food, Drug, and enue Code of 1986 and the Foreign Trade Cosmetic Act to improve drug safety and Zones Act to simplify the tax and eliminate JOHNSON): S. 3797. A bill to establish demonstration oversight, and for other purposes; to the the drawback fee on certain distilled spirits Committee on Health, Education, Labor, and used in non-beverage products manufactured projects to provide at-home infant care bene- fits; to the Committee on Health, Education, Pensions. in a United States foreign trade zone for do- By Mr. HARKIN (for himself, Mr. mestic use and export; to the Committee on Labor, and Pensions. GRASSLEY, Mr. DEWINE, Mr. BROWN- Finance. By Mrs. FEINSTEIN: BACK, Mr. TALENT, Ms. SNOWE, and By Mr. REED: S. 3798. A bill to direct the Secretary of the Mr. LAUTENBERG): S. 3784. A bill to provide wage parity for Interior to exclude and defer from the pooled certain prevailing rate employees in Rhode reimbursable costs of the Central Valley S. 3808. A bill to reduce the incidence of Island; to the Committee on Homeland Secu- Project the reimbursable capital costs of the suicide among veterans; to the Committee rity and Governmental Affairs. unused capacity of the Folsom South Canal, on Veterans’ Affairs. By Ms. SNOWE: Auburn-Folsom South Unit, Central Valley By Mrs. FEINSTEIN: S. 3785. A bill to amend the Small Business Project, and for other purposes; to the Com- S. 3809. A bill for the relief of Jacqueline Investment Act of 1958 to improve surety mittee on Energy and Natural Resources. W. Coats; to the Committee on the Judici- bond guarantees, and for other purposes; to By Mr. SCHUMER: ary. the Committee on Small Business and Entre- S. 3799. A bill to require the Department of By Mr. KOHL (for himself and Mr. preneurship. Homeland Security to regulate retail sales of SCHUMER): hydrogen cyanide and its salts, and to re- By Ms. SNOWE: S. 3810. A bill to prevent tobacco smug- quire the Department of Homeland Security S. 3786. A bill to reauthorize and improve gling, to ensure the collection of all tobacco and Department of Justice to conduct a joint the Small Business Act and the Small Busi- taxes, and for other purposes; to the Com- study about the risk of use of commercial ness Investment Act of 1958, and for other mittee on the Judiciary. products including cyanide by terrorists and purposes; to the Committee on Small Busi- By Mr. HATCH (for himself, Mr. BINGA- potential preventative regulations; to the ness and Entrepreneurship. MAN, and Mr. BIDEN): By Mr. SANTORUM (for himself, Mr. Committee on Homeland Security and Gov- S. 3811. A bill to require the payment of PRYOR, and Mrs. DOLE): ernmental Affairs. S. 3787. A bill to establish a congressional By Mr. HAGEL: compensation to members of the Armed Commission on the Abolition of Modern-Day S. 3800. A bill to amend the Foreign Assist- Forces and civilian employees of the United Slavery; to the Committee on Foreign Rela- ance Act of 1961 to require recipients of States who performed slave labor for Japa- tions. United States foreign assistance to certify nese industries during World War II, or the By Mr. BROWNBACK: that the assistance will not be used to inten- surviving spouses of such members, and for S. 3788. A bill to clarify Federal law to pro- tionally traffic in goods or services that con- other purposes; to the Committee on Armed hibit the dispensing, distribution, or admin- tain counterfeit marks or for other purposes Services. istration of a controlled substance for the that promote the improper use of intellec- By Mr. ISAKSON (for himself and Mr. purpose of causing, or assisting in causing, tual property, and for other purposes; to the REED): the suicide, euthanasia, or mercy killing of Committee on Foreign Relations. S. 3812. A bill to require the Food and Drug any individual; to the Committee on the Ju- By Mr. SMITH (for himself and Mr. Administration to conduct consumer testing diciary. KENNEDY): to determine the appropriateness of the cur- By Mr. REID (for Mr. BAUCUS): S. 3801. A bill to support the implementa- rent labeling requirements for indoor tan- S. 3789. A bill to amend the Social Security tion of the Darfur Peace Agreement and to ning devices and determine whether such re- Act to waive the 24-month waiting period for protect the lives and address the humani- quirements provide sufficient information to

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consumers regarding the risks that the use By Mr. BURNS (for himself, Mr. FRIST, JEFFORDS, Ms. MURKOWSKI, Mr. of such devices pose for the development of Mr. DEWINE, Mr. ALLARD, Mr. COLE- KERRY, Mr. COCHRAN, Mr. LIEBERMAN, irreversible damage to the skin, including MAN, Mr. SMITH, and Mr. ALLEN): Mr. DODD, Mr. ROCKEFELLER, Mr. skin cancer, and for other purposes; to the S. 3825. A bill to end the flow of meth- KENNEDY, Mr. LOTT, Mr. BIDEN, Mrs. Committee on Health, Education, Labor, and amphetamine and precursor chemicals com- CLINTON, Mr. REID, Mr. DORGAN, Mr. Pensions. ing across the border of the United States; to REED, Mrs. FEINSTEIN, Mr. CONRAD, By Mr. SMITH (for himself, Mr. BINGA- the Committee on the Judiciary. Mrs. DOLE, Mr. DOMENICI, and Mr. MAN, and Ms. MURKOWSKI): By Mr. MENENDEZ: ROBERTS): S. 3813. A bill to permit individuals who S. 3826. A bill to amend the Internal Rev- S. 3837. A bill to authorize the establish- are employees of a grantee that is receiving enue Code of 1986 to exclude from gross in- ment of the Henry Kuualoha Giugni Kupuna funds under section 330 of the Public Health come military pay received by a member of Memorial Archives at the University of Ha- Service Act to enroll in health insurance a reserve component of the Armed Forces of waii; to the Committee on Health, Edu- coverage provided under the Federal Em- the United States who is called to active cation, Labor, and Pensions . ployees Health Benefits Program; to the duty; to the Committee on Finance. By Mr. HATCH (for himself and Mrs. Committee on Homeland Security and Gov- By Mrs. LINCOLN (for herself, Ms. LINCOLN): ernmental Affairs. SNOWE, Mr. SCHUMER, Mr. ROCKE- By Mr. ROBERTS (for himself, Mr. S. 3838. A bill to amend the Internal Rev- FELLER, Ms. LANDRIEU, Mrs. CLINTON, enue Code of 1986 to provide for S corpora- REED, Mr. VOINOVICH, Mr. DEWINE, and Mr. VITTER): tion reform, and for other purposes; to the and Ms. MIKULSKI): S. 3827. A bill to amend the Internal Rev- Committee on Finance. S. 3814. A bill to amend part B of title enue Code of 1986 to extend and expand the By Mr. DODD: XVIII of the Social Security Act to restore benefits for businesses operating in em- the Medicare treatment of ownership of oxy- powerment zones, enterprise communities, S. 3839. A bill to amend title II of the So- gen equipment to that in effect before enact- or renewal communities, and for other pur- cial Security Act to provide that the eligi- ment of the Deficit Reduction Act of 2005; to poses; to the Committee on Finance. bility requirement for disability insurance the Committee on Finance. By Mr. INHOFE: benefits under which an individual must By Mr. SMITH (for himself and Mrs. S. 3828. A bill to amend title 4, United have 20 quarters of Social Security coverage LINCOLN): States Code, to declare English as the offi- in the 40 quarters preceding a disability shall S. 3815. A bill to improve the quality of, cial language of the Government of the not be applicable in the case of a disabled in- and access to, long-term care; to the Com- United States, and for other purposes; to the dividual suffering from a covered terminal mittee on Finance. Committee on Homeland Security and Gov- disease; to the Committee on Finance. By Ms. COLLINS: ernmental Affairs. S. 3816. A bill to prohibit the shipment of By Ms. STABENOW (for herself, Mr. f tobacco products in the mail, and for other MENENDEZ, Mr. KERRY, Mrs. CLINTON, purposes; to the Committee on Homeland Se- Mr. OBAMA, Mr. LEAHY, Mr. JOHNSON, curity and Governmental Affairs. SUBMISSION OF CONCURRENT AND Mr. LIEBERMAN, Mr. DURBIN, Mr. By Mr. TALENT: SENATE RESOLUTIONS S. 3817. A bill to amend the Internal Rev- BIDEN, Mr. DAYTON, Mrs. FEINSTEIN, enue Code of 1986 to provide a tax credit for and Mr. LEVIN): The following concurrent resolutions S. 3829. A bill to extend and expand certain certain entities making matching contribu- and Senate resolutions were read, and tax relief provisions and to increase the Fed- tions to retirement plans; to the Committee eral minimum wage, and for other purposes; referred (or acted upon), as indicated: on Finance. to the Committee on Finance. By Mr. DODD (for himself, Mr. LEVIN, By Mr. HATCH (for himself and Mr. By Ms. STABENOW (for herself and Mr. SUNUNU, Ms. STABENOW, Mr. LEAHY): CHAFEE, Mr. KENNEDY, Mr. FEINGOLD, S. 3818. A bill to amend title 35, United Mr. LEVIN): and Mrs. FEINSTEIN): States Code, to provide for patent reform; to S. 3830. A bill to prevent unfair practices the Committee on the Judiciary. and ensure an open market in the auto- S. Res. 548. A resolution expressing the By Mr. BINGAMAN (for himself, Mr. mobile industry, and for other purposes; to sense of the Senate regarding the need for the Committee on Finance. SMITH, Mrs. LINCOLN, Mr. PRYOR, and the United States and the international com- By Mr. GRAHAM: Mr. AKAKA): munity to take certain actions with respect S. 3819. A bill to amend title XIX of the So- S. 3831. A bill to reduce temporarily the to the hostilities between Hezbollah and cial Security Act to provide for redistribu- duty on benzoyl chloride; to the Committee Israel; considered and agreed to. tion and extended availability of unexpended on Finance. By Mr. SANTORUM (for himself, Mr. medicaid DSH allotments, and for other pur- By Mr. DOMENICI (for himself and Mr. PRYOR, and Mrs. DOLE): poses; to the Committee on Finance. BINGAMAN): S. Res. 549. A resolution expressing the By Mr. DURBIN: S. 3832. A bill to direct the Secretary of the sense of the Senate regarding modern-day S. 3820. A bill to expand broadband access Interior to establish criteria to transfer title slavery; to the Committee on Foreign Rela- for rural Americans; to the Committee on to reclamation facilities, and for other pur- tions. Commerce, Science, and Transportation. poses; to the Committee on Energy and Nat- By Mr. SMITH (for himself and Mr. By Ms. COLLINS (for herself, Mrs. ural Resources. CONRAD): FEINSTEIN, Mr. CORNYN, Ms. MIKUL- By Mr. KERRY: S. Res. 550. A resolution designating Octo- SKI, Mr. LEAHY, and Mr. LIEBERMAN): S. 3833. A bill to authorize support for the ber 22 through October 28, 2006, as ‘‘National S. 3821. A bill to authorize certain athletes Armed Forces Support Foundation in assist- Save for Retirement Week’’; to the Com- to be admitted temporarily into the United ing members of the National Guard and Re- mittee on the Judiciary. serve and former members of the Armed States to compete or perform in an athletic By Mr. REID (for himself, Mr. BAUCUS, Forces in securing employment in the pri- league, competition, or performance; to the Ms. STABENOW, Mr. PRYOR, Mrs. CLIN- vate sector, and for other purposes; to the Committee on the Judiciary. TON, Mr. LIEBERMAN, Mr. BINGAMAN, Committee on Armed Services. By Mr. OBAMA: Ms. LANDRIEU, Mrs. LINCOLN, Mr. By Mr. SESSIONS (for himself and S. 3822. A bill to improve access to and ap- WYDEN, and Mr. JOHNSON): propriate utilization of valid, reliable and Mrs. FEINSTEIN): S. Res. 551. A resolution expressing the accurate molecular genetic tests by all popu- S. 3834. A bill to amend the Controlled Sub- sense of the Senate that illegal immigrants lations thus helping to secure the promise of stances Act to address online pharmacies; to should not receive Social Security benefits personalized medicine for all Americans; to the Committee on the Judiciary. and that this prohibition should be strictly the Committee on Finance. By Mr. CORNYN (for himself, Mr. enforced; to the Committee on Finance. By Mr. DEWINE: CHAMBLISS, Mr. ALLEN, Mr. KYL, Mr. By Mr. SESSIONS (for himself, Mr. S. 3823. A bill to amend the Americans SESSIONS, Mr. GRAHAM, Mr. INHOFE, BROWNBACK, Mr. CHAMBLISS, Mr. with Disabilities Act of 1990 and the Age Dis- and Mr. SANTORUM): crimination in Employment Act of 1967 to S. 3835. A bill to provide adequate penalties CRAPO, Mr. GRASSLEY, Mr. INHOFE, provide a means to combat discrimination for crimes committed against United States Ms. LANDRIEU, Mr. MENENDEZ, Mr. on the basis of age or disability, by condi- judges and Federal law enforcement officers, SCHUMER, Mr. SHELBY, and Mr. SPEC- tioning a State’s receipt or use of Federal fi- to provide appropriate security for judges TER): nancial assistance on the State’s waiver of and law enforcement officers, and for other S. Res. 552. A resolution designating Sep- immunity from suit for violations under purposes; to the Committee on the Judici- tember 2006 as ‘‘National Prostate Cancer such Acts; to the Committee on Health, Edu- ary. Awareness Month’’; to the Committee on the cation, Labor, and Pensions. By Mr. MARTINEZ (for himself and Judiciary. By Mr. TALENT: Mr. SCHUMER): By Mr. MENENDEZ: S. 3824. A bill to provide for uniform pen- S. 3836. A bill to reauthorize the United S. Res. 553. A resolution expressing the alties for violating regulations within the States Advisory Commission on Public Di- sense of the Senate that the Citizens’ Stamp National Park System, and for other pur- plomacy; considered and passed. Advisory Committee should recommend to poses; to the Committee on Energy and Nat- By Mr. AKAKA (for himself, Mr. the Postmaster General that a commemora- ural Resources. INOUYE, Mr. BYRD, Mr. STEVENS, Mr. tive postage stamp be issued in honor of

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A resolution authorizing the S. 859 shire (Mr. SUNUNU) was added as a co- printing with illustrations of a document en- At the request of Mr. MENENDEZ, his sponsor of S. 1522, a bill to recognize titled ‘‘Committee on the Budget, United name was added as a cosponsor of S. the heritage of hunting and provide op- States Senate, 32nd Anniversary, 1974–2006’’; 859, a bill to amend the Internal Rev- portunities for continued hunting on considered and agreed to. enue Code of 1986 to allow an income Federal public land. By Mr. FRIST (for himself and Mr. tax credit for the provision of home- REID): S. 1620 S. Res. 555. A resolution to authorize the ownership and community develop- production of records by the Permanent Sub- ment, and for other purposes. At the request of Mr. MENENDEZ, his committee on Investigations of the Com- S. 912 name was added as a cosponsor of S. mittee on Homeland Security and Govern- At the request of Mr. FEINGOLD, the 1620, a bill to provide the non- mental Affairs; considered and agreed to. name of the Senator from New York immigrant spouses and children of non- By Mr. CRAPO (for himself and Mr. (Mrs. CLINTON) was added as a cospon- immigrant aliens who perished in the DORGAN): S. Res. 556. A resolution supporting Na- sor of S. 912, a bill to amend the Fed- September 11, 2001, terrorist attacks an tional Peripheral Arterial Disease Awareness eral Water Pollution Control Act to opportunity to adjust their status to Week and efforts to educate people about pe- clarify the jurisdiction of the United that of an alien lawfully admitted for ripheral arterial disease; considered and States over waters of the United permanent residence, and for other agreed to. States. purposes. f S. 914 S. 2010 ADDITIONAL COSPONSORS At the request of Mr. ALLARD, the names of the Senator from New Jersey At the request of Mr. HATCH, the S. 211 (Mr. MENENDEZ) and the Senator from name of the Senator from Alaska (Ms. At the request of Mrs. CLINTON, the California (Mrs. FEINSTEIN) were added MURKOWSKI) was added as a cosponsor name of the Senator from Arkansas as cosponsors of S. 914, a bill to amend of S. 2010, a bill to amend the Social (Mrs. LINCOLN) was added as a cospon- the Public Health Service Act to estab- Security Act to enhance the Social Se- sor of S. 211, a bill to facilitate nation- lish a competitive grant program to curity of the Nation by ensuring ade- wide availability of 2–1–1 telephone build capacity in veterinary medical quate public-private infrastructure and service for information and referral on education and expand the workforce of to resolve to prevent, detect, treat, in- human services, volunteer services, and veterinarians engaged in public health tervene in, and prosecute elder abuse, for other purposes. practice and biomedical research. neglect, and exploitation, and for other S. 241 S. 1023 purposes. At the request of Ms. SNOWE, the At the request of Mr. DODD, the name name of the Senator from Massachu- S. 2138 of the Senator from Vermont (Mr. JEF- setts (Mr. KENNEDY) was added as a co- FORDS) was added as a cosponsor of S. At the request of Mr. MENENDEZ, his sponsor of S. 241, a bill to amend sec- 1023, a bill to provide for the establish- name was added as a cosponsor of S. tion 254 of the Communications Act of 2138, a bill to prohibit racial profiling. 1934 to provide that funds received as ment of a Digital Opportunity Invest- universal service contributions and the ment Trust. S. 2284 S. 1035 universal service support programs es- At the request of Ms. MIKULSKI, the tablished pursuant to that section are At the request of Mr. INHOFE, the names of the Senator from Wisconsin name of the Senator from Ohio (Mr. not subject to certain provisions of VOINOVICH) was added as a cosponsor of (Mr. KOHL), the Senator from Rhode Is- title 31, United States Code, commonly S. 2284, a bill to extend the termination land (Mr. REED), the Senator from Wy- known as the Antideficiency Act. date for the exemption of returning oming (Mr. THOMAS), the Senator from S. 513 workers from the numerical limita- Missouri (Mr. TALENT) and the Senator At the request of Mr. MENENDEZ, his tions for temporary workers. name was added as a cosponsor of S. from Nebraska (Mr. HAGEL) were added 513, a bill to provide collective bar- as cosponsors of S. 1035, a bill to au- S. 2354 thorize the presentation of commemo- gaining rights for public safety officers At the request of Mr. NELSON of Flor- rative medals on behalf of Congress to employed by States or their political ida, the name of the Senator from Native Americans who served as Code subdivisions. Washington (Ms. CANTWELL) was added Talkers during foreign conflicts in S. 528 as a cosponsor of S. 2354, a bill to which the United States was involved At the request of Mr. HARKIN, the amend title XVIII of the Social Secu- during the 20th century in recognition name of the Senator from California rity Act to reduce the coverage gap in of the service of those Native Ameri- (Mrs. BOXER) was added as a cosponsor prescription drug coverage under part cans to the United States. of S. 528, a bill to authorize the Sec- D of such title based on savings to the retary of Health and Human Services S. 1057 Medicare program resulting from the to provide grants to States to conduct At the request of Ms. MURKOWSKI, her negotiation of prescription drug prices. demonstration projects that are de- name was added as a cosponsor of S. signed to enable medicaid-eligible indi- 1057, a bill to amend the Indian Health S. 2460 viduals to receive support for appro- Care Improvement Act to revise and At the request of Mr. MENENDEZ, the priate and necessary long-term services extend that Act. name of the Senator from Illinois (Mr. in the settings of their choice. S. 1145 DURBIN) was added as a cosponsor of S. S. 843 At the request of Mr. MENENDEZ, his 2460, a bill to permit access to certain At the request of Mr. SANTORUM, the name was added as a cosponsor of S. information in the Firearms Trace Sys- names of the Senator from Wyoming 1145, a bill to provide Federal assist- tem database. (Mr. ENZI), the Senator from North ance to States and local jurisdictions S. 2487 Carolina (Mr. BURR), the Senator from to prosecute hate crimes. Georgia (Mr. CHAMBLISS) and the Sen- S. 1221 At the request of Ms. STABENOW, the ator from South Dakota (Mr. THUNE) At the request of Mr. MENENDEZ, his name of the Senator from New Jersey were added as cosponsors of S. 843, a name was added as a cosponsor of S. (Mr. MENENDEZ) was added as a cospon- bill to amend the Public Health Serv- 1221, a bill to amend chapter 81 of title sor of S. 2487, a bill to ensure an abun- ice Act to combat autism through re- 5, United States Code, to create a pre- dant and affordable supply of highly search, screening, intervention and sumption that a disability or death of nutritious fruits, vegetables, and other education. a Federal employee in fire protection specialty crops for American con- At the request of Mr. FRIST, his name activities caused by any of certain dis- sumers and international markets by was added as a cosponsor of S. 843, eases is the result of the performance enhancing the competitiveness of supra. of such employee’s duty. United States-grown specialty crops.

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00078 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2006 CONGRESSIONAL RECORD — SENATE S8803 S. 2548 S. 2724 provide for improved public health and At the request of Mr. NELSON of Flor- At the request of Mr. CARPER, the food safety through enhanced enforce- ida, his name was added as a cosponsor name of the Senator from Louisiana ment, and for other purposes. of S. 2548, a bill to amend the Robert T. (Ms. LANDRIEU) was added as a cospon- S. 3659 Stafford Disaster Relief and Emer- sor of S. 2724, a bill to amend the Clean At the request of Mr. SUNUNU, his gency Assistance Act to ensure that Air Act to establish a national uniform name was added as a cosponsor of S. State and local emergency prepared- multiple air pollutant regulatory pro- 3659, a bill to reauthorize and improve ness operational plans address the gram for the electric generating sector. the women’s small business ownership needs of individuals with household S. 2787 programs of the Small Business Admin- pets and service animals following a At the request of Mr. CRAIG, the istration, and for other purposes. major disaster or emergency. names of the Senator from Alaska (Mr. S. 3662 S. 2590 STEVENS) and the Senator from Texas At the request of Mr. BENNETT, the At the request of Mr. COBURN, the (Mrs. HUTCHISON) were added as cospon- name of the Senator from Michigan name of the Senator from Maine (Ms. sors of S. 2787, a bill to permit United (Ms. STABENOW) was added as a cospon- SNOWE) was added as a cosponsor of S. States persons to participate in the ex- sor of S. 3662, a bill to amend the Cred- 2590, a bill to require full disclosure of ploration for and the extraction of hy- it Repair Organizations Act to estab- all entities and organizations receiving drocarbon resources from any portion lish a new disclosure statement, and Federal funds. of a foreign maritime exclusive eco- for other purposes. S. 3724 S. 2592 nomic zone that is contiguous to the exclusive economic zone of the United At the request of Mr. ROCKEFELLER, At the request of Mr. HARKIN, the States, and for other purposes. the name of the Senator from Nebraska name of the Senator from New Jersey S. 3275 (Mr. HAGEL) was added as a cosponsor (Mr. MENENDEZ) was added as a cospon- of S. 3724, a bill to enhance scientific sor of S. 2592, a bill to amend the Child At the request of Mr. ALLEN, the research and competitiveness through Nutrition Act of 1966 to improve the name of the Senator from West Vir- the Experimental Program to Stimu- nutrition and health of schoolchildren ginia (Mr. BYRD) was added as a co- late Competitive Research, and for by updating the definition of ‘‘food of sponsor of S. 3275, a bill to amend title other purposes. minimal nutritional value’’ to conform 18, United States code, to provide a na- to current nutrition science and to pro- tional standard in accordance with S. 3738 tect the Federal investment in the na- which nonresidents of a State may At the request of Mr. LAUTENBERG, tional school lunch and breakfast pro- carry concealed firearms in the State. his name was added as a cosponsor of grams. S. 3485 S. 3738, a bill to amend the Internal Revenue Code of 1986 to provide an ad- S 2601 At the request of Mr. DORGAN, the . ditional standard deduction for real name of the Senator from West Vir- At the request of Mr. ALEXANDER, the property taxes for nonitemizers. ginia (Mr. ROCKEFELLER) was added as name of the Senator from Georgia (Mr. S. 3742 ISAKSON) was added as a cosponsor of S. a cosponsor of S. 3485, a bill to amend At the request of Mr. NELSON of Flor- 2601, a bill to amend the Social Secu- the Tariff Act of 1930 to prohibit the import, export, and sale of goods made ida, his name was added as a cosponsor rity Act to improve choices available of S. 3742, a bill to amend the Internal to Medicare eligible seniors by permit- with sweatshop labor, and for other purposes. Revenue Code of 1986 to provide incen- ting them to elect (instead of regular tives to encourage investment in the Medicare benefits) to receive a voucher S. 3508 expansion of freight rail infrastructure for a health savings account, for pre- At the request of Mr. SUNUNU, the capacity and to enhance modal tax eq- miums for a high deductible health in- name of the Senator from North Caro- uity. surance plan, or both and by sus- lina (Mrs. DOLE) was added as a cospon- S. 3764 pending Medicare late enrollment pen- sor of S. 3508, a bill to authorize the At the request of Mr. LAUTENBERG, alties between ages 65 and 70. Moving to Work Charter program to the name of the Senator from Wash- S. 2616 enable public housing agencies to im- ington (Mrs. MURRAY) was added as a prove the effectiveness of Federal hous- At the request of Mr. SANTORUM, the cosponsor of S. 3764, a bill to amend ing assistance, and for other purposes. name of the Senator from Ohio (Mr. title XVIII of the Social Security Act VOINOVICH) was added as a cosponsor of S. 3529 to eliminate the coverage gap under S. 2616, a bill to amend the Surface At the request of Mr. MENENDEZ, the the Medicare part D prescription drug Mining Control and Reclamation Act of name of the Senator from Connecticut program. 1977 and the Mineral Leasing Act to (Mr. DODD) was added as a cosponsor of S. 3765 improve surface mining control and S. 3529, a bill to ensure that new moth- At the request of Mr. DURBIN, the reclamation, and for other purposes. ers and their families are educated name of the Senator from Massachu- S. 2663 about postpartum depression, screened setts (Mr. KENNEDY) was added as a co- At the request of Mr. DODD, the name for symptoms, and provided with essen- sponsor of S. 3765, a bill to designate of the Senator from South Dakota (Mr. tial services, and to increase research Lebanon under section 244(b) of the Im- JOHNSON) was added as a cosponsor of at the National Institutes of Health on migration and Naturalization Act to S. 2663, a bill to amend the Public postpartum depression. permit nationals of Lebanon to be Health Service Act to establish grant S. 3547 granted temporary protected status in programs to provide for education and At the request of Mr. SESSIONS, the the United States. outreach on newborn screening and co- names of the Senator from Louisiana S. 3769 ordinated followup care once newborn (Mr. VITTER) and the Senator from At the request of Mr. ENSIGN, the screening has been conducted, to reau- Louisiana (Ms. LANDRIEU) were added name of the Senator from Nevada (Mr. thorize programs under part A of title as cosponsors of S. 3547, a bill to amend REID) was added as a cosponsor of S. XI of such Act, and for other purposes. title 18, United States Code, with re- 3769, a bill to encourage multilateral S. 2723 spect to fraud in connection with cooperation and authorize a program of major disaster or emergency funds. At the request of Mr. LAUTENBERG, assistance to facilitate a peaceful tran- the name of the Senator from Hawaii S. 3615 sition in Cuba, and for other purposes. (Mr. AKAKA) was added as a cosponsor At the request of Mr. HARKIN, the S. CON. RES. 97 of S. 2723, a bill to amend title XVIII of name of the Senator from New York At the request of Mr. SALAZAR, the the Social Security Act to require the (Mrs. CLINTON) was added as a cospon- names of the Senator from Montana sponsor of a prescription drug plan or sor of S. 3615, a bill to amend the Fed- (Mr. BAUCUS) and the Senator from Illi- an organization offering an MA–PD eral Meat Inspection Act, the Poultry nois (Mr. DURBIN) were added as co- plan to promptly pay claims submitted Products Inspection Act, and the Fed- sponsors of S. Con. Res. 97, a concur- under part D, and for other purposes. eral Food, Drug, and Cosmetic Act to rent resolution expressing the sense of

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00079 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8804 CONGRESSIONAL RECORD — SENATE August 3, 2006 Congress that it is the goal of the bill making appropriations for the De- for the Department of Defense for the United States that, not later than Jan- partment of Defense for the fiscal year fiscal year ending September 30, 2007, uary 1, 2025, the agricultural, forestry, ending September 30, 2007, and for and for other purposes. and working land of the United States other purposes. AMENDMENT NO. 4850 should provide from renewable re- At the request of Mr. MENENDEZ, his At the request of Mr. LAUTENBERG, sources not less than 25 percent of the name was added as a cosponsor of the name of the Senator from South total energy consumed in the United amendment No. 4827 proposed to H.R. Dakota (Mr. JOHNSON) was added as a States and continue to produce safe, 5631, supra. cosponsor of amendment No. 4850 in- abundant, and affordable food, feed, At the request of Ms. LANDRIEU, her tended to be proposed to H.R. 5631, a and fiber. name was added as a cosponsor of bill making appropriations for the De- S. RES. 224 amendment No. 4827 proposed to H.R. partment of Defense for the fiscal year At the request of Mr. DEWINE, the 5631, supra. ending September 30, 2007, and for name of the Senator from New Jersey At the request of Mr. INOUYE, his other purposes. (Mr. MENENDEZ) was added as a cospon- name was added as a cosponsor of sor of S. Res. 224, a resolution to ex- amendment No. 4827 proposed to H.R. f press the sense of the Senate sup- 5631, supra. porting the establishment of Sep- At the request of Mr. ROCKEFELLER, STATEMENTS ON INTRODUCED tember as Campus Fire Safety Month, his name was added as a cosponsor of BILLS AND JOINT RESOLUTIONS and for other purposes. amendment No. 4827 proposed to H.R. By Mr. REED: S. RES. 407 5631, supra. At the request of Mr. JEFFORDS, his S. 3784. A bill to provide wage parity At the request of Mr. MENENDEZ, the for certain prevailing rate employees name of the Senator from Illinois (Mr. name was added as a cosponsor of amendment No. 4827 proposed to H.R. in Rhode Island; to the Committee on DURBIN) was added as a cosponsor of S. Homeland Security and Governmental Res. 407, a resolution recognizing the 5631, supra. At the request of Mr. BAUCUS, his Affairs. African American Spiritual as a na- Mr. REED. Mr. President, today I am tional treasure. name was added as a cosponsor of amendment No. 4827 proposed to H.R. introducing the Rhode Island Federal S. RES. 494 5631, supra. Worker Fairness Act of 2006. This bill At the request of Mr. SANTORUM, the At the request of Mr. REED, his name will merge the Narragansett Bay wage name of the Senator from California was added as a cosponsor of amend- area with the Boston, MA, wage area to (Mrs. FEINSTEIN) was added as a co- ment No. 4827 proposed to H.R. 5631, provide Rhode Island Federal blue-col- sponsor of S. Res. 494, a resolution ex- supra. lar workers with pay equity in the re- pressing the sense of the Senate re- At the request of Mr. LEAHY, the gion. These workers include janitors, garding the creation of refugee popu- names of the Senator from Arkansas mechanics, machine tool operators, lations in the Middle East, North Afri- (Mrs. LINCOLN), the Senator from Dela- munitions and explosive operators, ca, and the Persian Gulf region as a re- ware (Mr. BIDEN) and the Senator from electricians, and engineers. sult of human rights violations. Nebraska (Mr. NELSON) were added as Federal employees within the Narra- S. RES. 513 cosponsors of amendment No. 4827 pro- gansett Bay wage area are paid under At the request of Mr. GRAHAM, the posed to H.R. 5631, supra. one of the lowest Federal wage system, FWS, pay scales while residing in an name of the Senator from New Jersey AMENDMENT NO. 4842 (Mr. MENENDEZ) was added as a cospon- area with one of the highest costs of At the request of Mr. KYL, the name living. Significant disparities between sor of S. Res. 513, a resolution express- of the Senator from Oregon (Mr. ing the sense of the Senate that the Narragansett Bay wages and those in WYDEN) was withdrawn as a cosponsor proximate wage areas raise serious President should designate the week of amendment No. 4842 proposed to beginning September 10, 2006, as ‘‘Na- questions about the fairness and equity H.R. 5631, a bill making appropriations of the Federal wage pay scales. The av- tional Historically Black Colleges and for the Department of Defense for the Universities Week’’. erage wage grade worker in Rhode Is- fiscal year ending September 30, 2007, land earns $18.01 per hour compared to AMENDMENT NO. 4772 and for other purposes. At the request of Mr. CARPER, the the same worker in Boston who earns At the request of Mr. KYL, the name $20.25 per hour or an employee in Hart- name of the Senator from Oklahoma of the Senator from Nevada (Mr. EN- (Mr. COBURN) was added as a cosponsor ford who earns $20.05 per hour. As a re- SIGN) was added as a cosponsor of sult, Rhode Island may be losing expe- of amendment No. 4772 proposed to amendment No. 4842 proposed to H.R. H.R. 5631, a bill making appropriations rienced Federal employees to the same 5631, supra. jobs, at the same grade levels, just for the Department of Defense for the AMENDMENT NO. 4843 fiscal year ending September 30, 2007, miles away because of better pay. En- At the request of Mr. KENNEDY, the and for other purposes. acting this legislation would help the names of the Senator from Connecticut approximately 500 wage rate workers in AMENDMENT NO. 4825 (Mr. LIEBERMAN), the Senator from Rhode Island better provide for their At the request of Mr. BAYH, the name New York (Mrs. CLINTON), the Senator families, and it will ensure that Rhode of the Senator from Indiana (Mr. from Illinois (Mr. DURBIN), the Senator Island keeps qualified and trained Fed- LUGAR) was added as a cosponsor of from New Mexico (Mr. BINGAMAN), the eral workers. amendment No. 4825 intended to be pro- Senator from Montana (Mr. BAUCUS), Roughly 80 percent of all FWS em- posed to H.R. 5631, a bill making appro- the Senator from Massachusetts (Mr. ployees in the United States work ei- priations for the Department of De- KERRY), the Senator from Michigan ther in the Department of Defense or fense for the fiscal year ending Sep- (Ms. STABENOW), the Senator from Wis- the Department of Veteran Affairs. In- tember 30, 2007, and for other purposes. consin (Mr. FEINGOLD) and the Senator deed, Naval Station Newport employs AMENDMENT NO. 4826 from Tennessee (Mr. ALEXANDER) were the most FWS workers in the Narra- At the request of Mrs. CLINTON, the added as cosponsors of amendment No. gansett Bay area. These employees per- name of the Senator from Illinois (Mr. 4843 intended to be proposed to H.R. form work that is important to our na- DURBIN) was added as a cosponsor of 5631, a bill making appropriations for tional security, and competitive com- amendment No. 4826 intended to be pro- the Department of Defense for the fis- pensation is the best way to ensure posed to H.R. 5631, a bill making appro- cal year ending September 30, 2007, and that these workers are qualified and ef- priations for the Department of De- for other purposes. fective. Merging these two wage areas fense for the fiscal year ending Sep- AMENDMENT NO. 4844 would reduce the disparity between the tember 30, 2007, and for other purposes. At the request of Mr. SESSIONS, the salaries of these Federal workers and AMENDMENT NO. 4827 name of the Senator from Nebraska keep Federal workers in Rhode Island At the request of Mr. DODD, his name (Mr. HAGEL) was added as a cosponsor from abandoning their Government was added as a cosponsor of amend- of amendment No. 4844 proposed to jobs for higher paying positions in Mas- ment No. 4827 proposed to H.R. 5631, a H.R. 5631, a bill making appropriations sachusetts and Connecticut.

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00080 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2006 CONGRESSIONAL RECORD — SENATE S8805 Mr. President, I ask unanimous con- Many new small contractors are only bond once or twice before they are sent that the text of the bill be printed able to obtain surety bonds through forced to leave the Surety Bond Pro- in the RECORD. the SBA’s Surety Bond Guarantee Pro- gram. There being no objection, the text of gram. In order to reduce the risk to- My bill also addresses recent SBA fee the bill was ordered to be printed in surety firms, the SBA promises to increases. In August of 2005, the SBA the RECORD, as follows: cover between 70 and 90 percent of any moved to increase surety bonding com- S. 3784 possible claims on bonds underwritten panies’ premium fees by 60 percent and Be it enacted by the Senate and House of Rep- through the Surety Bond Guarantee then directed that none of the fee in- resentatives of the United States of America in Program. The Surety Bond Guarantee crease could be passed along to small Congress assembled, Program then helps small businesses companies seeking surety bonds. I was SECTION 1. SHORT TITLE. establish a bonding history so that concerned that this fee increase would This Act may be cited as the ‘‘Rhode Is- with time they can outgrow the pro- provide an additional reason for surety land Federal Worker Fairness Act of 2006’’. gram and obtain bonds in the competi- companies to stop underwriting small SEC. 2. WAGE PARITY FOR CERTAIN PREVAILING tive marketplace. RATE EMPLOYEES IN RHODE IS- companies and further decrease the LAND. It is critical to understand that the ability of small firms to receive surety The wage schedules and rates applicable to number of participating sureties in the bonds. prevailing rate employees (as defined in sec- Surety Bond Guarantee Program di- The SBA’s fee increase made it nec- tion 5342 of title 5, United States Code) in rectly affects the number of small com- essary for me to evaluate the under- the Narragansett Bay, Rhode Island, wage panies that can receive surety bonds. lying terms of the surety program. area shall be the same as the wage schedules Over the last several years, a number and rates applicable to prevailing rate em- After working with the SBA, eventu- of SBA actions have greatly reduced ally the agency agreed to allow the ployees in the Boston, Massachusetts, wage the profitability of surety companies area. surety companies to split the fee in- participating in this SBA program. De- SEC. 3. EFFECTIVE DATE. crease with small firms, a much more Section 2 shall take effect beginning with clining profitability has forced sureties palatable solution than forcing the the first pay period beginning on or after the to leave the program, causing a severe bonding companies—or the small busi- date of enactment of this Act. downturn in the total number of small nesses—to absorb all of the increase. businesses obtaining surety bonds. The bill requires the SBA to be trans- By Ms. SNOWE: In 2003, the Surety Bond Guarantee parent in its fee structure and any cal- S. 3785. A bill to amend the Small Program issued 8,974 bonds to small culations the agency uses to justify fu- Business Investment Act of 1958 to im- businesses. In 2004, the number de- ture fee increases. The bill also clari- prove surety bond guarantees, and for clined to 7,803 bonds, and in 2005, the fies that Congress does not require the other purposes; to the Committee on number declined again to 5,678 bonds. Surety Bond Guarantee Program to be Small Business and Entrepreneurship. This year, even though the need for entirely self funding or self sufficient. Ms. SNOWE. Mr. President, I rise surety bonds has not decreased, as of today to introduce the Surety Bond March 2006, only 1,760 surety bonds I am working with the SBA to re- Improvement Act, a bill designed to re- have been issued. The sureties argue verse the decline in participating sure- invigorate the Small Business Admin- that SBA’s outdated fee structure and ties and increase the number of small istration’s Surety Bond Guarantee Pro- other actions, such as unwinding bond businesses receiving surety bonding. To gram. This bill’s primary purpose is to guarantees and recent fee increases, achieve this goal, the Surety Bond ensure that small businesses are able make it impossible for them to earn a Guarantee Program is working to re- to secure the surety bonds they need to profit and continue participating in the duce approval times by increasing com- compete for contracts, grow, and hire program. panies’ ability to submit underwriting more employees. One of the greatest obstacles to prof- applications and claim requests online. Surety bonds are critical to small itability is the Preferred Surety Bond The program also plans to restructure companies’ survival and competitive- Program’s outdated fee structure. Cur- its field offices and conduct outreach ness. Without bonding, small firms rently, sureties in the preferred pro- to new sureties and small businesses cannot secure the contracts they need gram are forced to use insurance rates needing surety bonding. These changes, to grow. Unfortunately, many new, set on August 1, 1987, almost 20 years along with the necessary legislative small businesses lack the stable credit ago. Many sureties have left the pro- changes I have proposed today, will histories and assets they need to secure gram because the SBA’s outdated rates help the program attract new sureties surety bonding. Many sureties also prevent them from making a profit on and increase the overall number of refuse to bond small companies be- the small business bonds they issue. small companies able to secure sureties cause of the greater risk that comes To address this problem, my bill underwriting through the program. with insuring unproven firms. For would grant participating sureties Mr. President, I would like to encour- many small businesses, difficulties ob- greater rate setting flexibility by al- age my colleagues to support the Sur- taining surety bonds act as a barrier to lowing them to charge rates that are ety Bond Improvement Act. This bill entry and prevent them from com- approved by the insurance commis- was written after consulting with peting in defense contracting, con- sioner of the State in which the con- small business owners and surety bond- struction, services, and other markets. tract will be performed. It will also ing companies on how best to revitalize Insuring against loss, surety bonds raise the current limit on the max- this critical program. Without these are most often used on large contracts imum amount of a contract that a changes, the number of sureties par- where the sequential work of many company can bond through the pro- ticipating in the program will continue subcontractors is necessary to finish a gram from $2 million to $3 million, an to decline—as will the ability of small project on time. The principal con- adjustment that inflation makes nec- businesses to secure surety bonds. tractor will require that each subcon- essary. Without these bonds many small busi- tractor obtain a surety bond. A sub- My bill prohibits the SBA from nesses will be unable to compete for contractor’s surety bond will guar- unwinding a surety bond guarantee contracts and government work. For antee that they will meet their con- after the agency has already under- new companies, obtaining a surety tract’s time and quality requirements written and approved the bond. Cur- bond will become a barrier to entry and whether it be for framing a building or rently, the SBA will often find tech- competition they are unable to over- installing specific computer equip- nical reasons, which should have been come. ment. The majority of small and large discovered during the underwriting businesses fulfill their contractual ob- process, to avoid paying on a claim By Ms. SNOWE: ligations, and claims against surety against an SBA guaranteed bond. When S. 3786. A bill to reauthorize and im- bonds are infrequent. If a claim occurs, this occurs, the surety companies must prove the Small Business Act and the the surety firm is responsible for any honor the SBA’s financial obligations Small Business Investment Act of 1958, monetary damages that occur because and cover any losses caused by the and for other purposes; to the Com- the bonded company did not fulfill its breach of contract. Most sureties can mittee on Small Business and Entre- contractual obligations. only afford to have the SBA unwind a preneurship.

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00081 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8806 CONGRESSIONAL RECORD — SENATE August 3, 2006 Ms. SNOWE. Mr. President, I rise leaders of the moral crusade to rid the This modern-day slavery is notable today to introduce the Small Business British empire of slavery. He devoted for the variety and complexity of the Information Security Act of 2006. This 20 years to abolishing the British slave trafficking networks that operate and bill will establish within the Small trade and another 26 years to abol- sustain it. The forms of slavery, such Business Administration a Small Busi- ishing slavery altogether. He and his as sex-trafficking, are incredibly ness Information Security Task Force fellow abolitionists had a profound af- adaptive: these networks extend to to advise the SBA and help small busi- fect on the American abolitionist every region and virtually every coun- nesses both understand the informa- movement, and their dedication fueled try in the world—representing a truly tion security challenges they face and some of our greatest leaders, including global industry. Slavery of all forms is identify resources to help meet those John Quincy Adams, Benjamin Frank- extremely profitable for the exploiters, challenges. lin, James Monroe, and John Jay. His and they capitalize on the weak and As chair of the Senate Committee on influence reached William Wells vulnerable, the desperate and unstable. Small Business and Entrepreneurship, Brown, Paul Cuffe, Benjamin Hughes, They are most successful in areas of one of my goals is to ensure small busi- Frederick Douglass, and Abraham Lin- conflict and postconflict, transitioning nesses are protected from the mount- coln, and he helped pave the way for states, sudden political change, eco- ing information security threats they abolitionists like Thaddeus Stevens nomic collapse, widespread poverty, face every day. This legislation will and Richard Allen. and natural disasters. Weak legal infra- create a clearinghouse of information, These great men opened the eyes of structure, corrupt law enforcement of- resources, and tools—compiled by a the United Kingdom and the United ficials, globalization and the lack of task force consisting of public and pri- States to see the injustice that marked equal employment opportunity have vate sector experts in the field—that our countries. Thankfully, their work fed this iniquitous multibillion-dollar will ease the trouble, confusion, and helped end the U.S. and U.K. slave criminal industry. cost often associated with enhancing trade. Later, our country constitu- Women are often lured by promises of information security measures within tionally abolished slavery and took a employment as shopkeepers, maids, a small business. The task force will significant step to effectuate the vision seamstresses, nannies, or waitresses continually update information and re- of the Declaration of Independence, but then find themselves forced into sources as new technologies and new that all people are created equal. prostitution upon arrival to their des- We, as a country, often rush to di- threats arise. Currently, potential and tination. Their traffickers seize travel vorce ourselves from our historic mal- existing owners of small businesses documents, create enormous and un- feasance. We want to forget the stories turn to the SBA for resources regard- substantiated debt demands, and sub- of human beings—women and chil- ing a number of other aspects when de- ject the women to brutal beatings if dren—suffocating on slave ships, tied veloping and maintaining their ven- their earnings are unsatisfactory. tures. But information security re- to whipping posts and bound with sources are not as readily available. bruising fetters. We want to forget the Girls, as young as five, are often kid- This measure will present an oppor- blatant oppression, our country’s inhu- napped or even sold by trusted rel- tunity for the SBA to create a reposi- mane drive for profit and obvious dis- atives into the transatlantic sex trade. tory for small businesses to meet their regard for the value, worth and free- They are often raped, beaten, and information security needs. dom inherent in every life. The slavery forced to sleep with 10 to 15 men per According to a 2005 survey by the of our past offends every modern sensi- night. These young children are manip- Small Business Technology Institute, bility we have; yet, we cannot bury ulated, coerced, and held in bondage. more than half of all small businesses these stories as just part of the distant Victims are often isolated, unable to in the United States experienced a se- past. speak the language of the land they are curity breach in the last year. Further- Slavery exists today. Despite the he- transported to, and are often unfa- more, the study concludes that nearly roic work of liberators centuries before miliar with the culture. Without the one-fifth of small businesses do not use us, and despite the fact that almost support network of their family and virus-scanning for e-mail, over 60 per- every country in this world has con- friends, they are incredibly vulnerable cent do not protect their wireless net- stitutionally outlawed slavery, as to their oppressors’ demands. works with encryption, and two-thirds many as 27 million people are in bond- The victims of modern-day slavery of small businesses do not have an in- age according to the 2006 Trafficking in often face torture, violence, poor nutri- formation security plan. Persons Report. This slavery, although tion, and drug and alcohol addiction. As these statistics illustrate, small in many ways different from the slav- They contract HIV/AIDS, suffer from businesses are increasingly at risk of ery in centuries past, is equally horri- severe trauma and depression, and are data breaches and other forms of mali- fying and brutal. Among other prac- stripped of dignity and hope for their cious attacks on their information tices, it includes sexual exploitation, future. As I have continued to work on technology infrastructure. The Small bonded labor, forced labor, forced mar- legislation that reaches the popu- Business Information Security Task riage, chattel slavery and child labor. lations most deeply affected by the Force will provide resources and infor- An estimated 800,000 persons are traf- HIV/AIDS epidemic, violence against mation to small business owners to ficked across international borders women, and child exploitation, I am of- help them overcome these obstacles each year, and an estimated 18,000 to fended by the complete disrespect for and decrease the risks posed to their 20,000 victims are trafficked into the life that binds these horrors together. small businesses by cybercriminals. I United States each year. Approxi- mately 80 percent of the victims are fe- We, as a nation, cannot stand idle. As encourage all of my colleagues to sup- William Wilberforce said, ‘‘it is we who port this vitally important legislation. male and an estimated 40 to 50 percent are children. Unfortunately, unlike the are now truly on trial before the moral By Mr. SANTORUM (for himself, slavery of our past, modern-day slavery sense of [this world], and if we shrink from it, deeply shall we hereafter re- Mr. PRYOR and Mrs. DOLE): takes on myriad, subtler forms, mak- S. 3787. A bill to establish a congres- ing it more difficult to identify and pent our conduct.’’ As a Congress, we sional Commission on the Abolition of eradicate. Within countries where the have come together to call our country Modern-Day Slavery; to the Committee trade originates, a seemingly endless and others to action in the fight on Foreign Relations. supply of victims remains available for against human trafficking; I commend Mr. SANTORUM. Mr. President, I am exploitation, and within the destina- the work of this administration, the joined today by Senator PRYOR and tion countries there seems to be an NGOs, and the freedom-fighters Senator DOLE to address an important endless demand for the ‘‘services’’ of throughout the world who have been issue that is all too often hidden from victims. Organized criminal networks— working to address this nefarious issue. public view—the practice of modern some large and some small—have Yet despite our hard work, we have day slavery. taken control of this economic supply an obligation to do more. Today I am One of my political heroes is the 18th and demand situation, establishing an submitting a resolution and intro- century British statesman, William appalling, but often invisible trade of ducing a bill that call for a deeper com- Wilberforce. Wilberforce was one of the humans in the 21 century. mitment to the cause of abolishing

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00082 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2006 CONGRESSIONAL RECORD — SENATE S8807 modern-day slavery. The resolution transportation, receipt, procurement, or con- viduals with demonstrated expertise and ex- calls us to make modern-day slavery a trol of persons through the use of force, perience in combating modern-day slavery priority in our foreign and domestic fraud, coercion, abduction, deception, abuse and trafficking of persons. of power, or of a position of vulnerability or policy. This resolution resolves that (3) DATE.—The appointments of the mem- of the giving or receiving of payments or bers of the Commission shall be made not the abolition of modern-day slavery benefits to achieve the consent of a person later than 30 days after the date of enact- should be prioritized at the 2007 G8 having control over another person, for the ment of this Act. Summit and calls for the trade policy purpose of subjection to debt bondage, serf- (c) PERIOD OF APPOINTMENT; VACANCIES.— of the United States to reflect our com- dom, involuntary servitude, forced labor, chattel, forced marriage, peonage, sexual ex- Members shall be appointed for the life of mitment to freedom for all people. the Commission. Any vacancy in the Com- I am also introducing a bill for the ploitation, or trafficking. mission shall not affect its powers, but shall formation of a bipartisan congressional SEC. 3. FINDINGS. Congress makes the following findings: be filled in the same manner as the original commission that will conduct a thor- (1) The Declaration of Independence recog- appointment. ough and thoughtful study of all mat- nizes the inherent dignity and worth of all (d) COCHAIRPERSONS.—The Speaker of the ters relating to modern-day slavery, people and states that all people are created working alongside the programs we equal and are endowed by their Creator with House of Representatives shall designate 1 of have implemented so far. This commis- certain unalienable rights, and the right to the members appointed under subsection sion will make recommendations for be free from slavery and involuntary ser- (b)(1)(A) as a cochairperson of the Commis- sion. The majority leader of the Senate shall our country and for abolitionists vitude is among those unalienable rights. (2) Despite international laws outlawing designate 1 of the members appointed under worldwide including identifying the modern-day slavery, modern-day slavery af- subsection (b)(1)(B) as a cochairperson of the countries which provide the greatest fects virtually every country in the world, Commission. opportunity for abolition of modern- and as many as 27,000,000 people are victims. (e) INITIAL MEETING.—Not later than 60 day slavery specific to U.S. involve- Modern-day slavery is one of the fastest ment. Currently, many of the very growing areas of international criminal ac- days after the date of enactment of this Act, the Commission shall hold its first meeting. qualified groups that work to free tivity and is an increasing concern to the slaves are scattered. Some of these United States Administration, Congress, and (f) MEETINGS.—The Commission shall meet groups are better at extraction, while the international community; the Federal at the call of either cochairperson. Bureau of Investigation estimated that mod- others are better at rehabilitation; the ern-day slavery generates over $9,000,000,000 (g) QUORUM.—A majority of the members of commission will make recommenda- every year. the Commission shall constitute a quorum, tions that seek to bring these incred- (3) Traffickers use threats, intimidation but a lesser number of members may hold ible groups together to provide the manipulation, coercion, fraud, shame, and hearings. most sustainable options for rescued violence to force victims into modern-day SEC. 5. DUTIES OF THE COMMISSION. victims. slavery. Traffickers capitalize on areas of The commission will examine the conflict and post-conflict, transitioning (a) STUDY.— (1) IN GENERAL.—The Commission shall— economic impact on communities and states, sudden political change, economic collapse, civil unrest, internal armed con- (A) conduct a thorough and thoughtful countries that have demonstrated flict, chronic unemployment, widespread study of all matters relating to modern-day measured success in fighting modern- poverty, personal disaster, lack of economic slavery, including vulnerabilities of com- day slavery. I recently learned of a opportunity, and natural disasters. monly affected populations, such as popu- small village in South Asia where over (4) Modern-day slavery: contributes to the lations in areas of conflict and post conflict, 70 emancipated slaves have now been breakdown of societies due to the loss of transitioning states, states undergoing sud- elected to positions of leadership in family support networks; has a negative im- den political change, economic collapse, civil their community. They have built pact on the labor market in countries; bru- unrest, internal armed conflict, chronic un- employment, widespread poverty, lack of op- their first well to serve the community talizes men, women, and children and ex- poses them to rape, torture, HIV/AIDS and portunity, and national disasters; and are representing others who are other sexually transmitted diseases, vio- (B) study the roles of the rule of law, lack vulnerable to oppression. lence, dangerous working conditions, poor of enforcement, and corruption within inter- Additionally, this commission will nutrition, drug and alcohol addiction, severe national law enforcement institutions that make recommendations which work to psychological trauma from separation, coer- allow the proliferation of modern-day slav- increase education and awareness cion, sexual abuse, and depression; and strips ery; about modern-day slavery throughout human beings of dignity, respect, and hope (C) review all relevant Governmental pro- the United States with the purpose of for their future. grams in existence on the date of the begin- fighting modern-day slavery. (5) The United States has given priority to ning of the study, including the United The potential exists for real and sys- combating human trafficking through the States Agency for International Develop- ment, the Department of State, the Depart- temic change. Together, this commis- Victims of Trafficking and Violence Protec- tion Act of 2000 (Public Law 106–386) and the ment of Defense, the Department of Labor, sion and this resolution will work to Trafficking Victims Protection Reauthoriza- the Department of Health and Human Serv- support a full and rich circle dem- tion Act of 2005 (Public Law 109–164). ices, the Interagency Task Force to Monitor onstrating the power of emancipation. (6) The State Department issued its sixth and Combat Trafficking, and the Human We have a tremendous opportunity to congressionally mandated Trafficking in Smuggling and Trafficking Center; and reaffirm our commitment as a nation Persons Report (TIP) in June, 2006, which (D) convene additional experts from rel- to spreading freedom for all people by categorizes countries into tiered groups ac- evant nongovernmental organizations as eradicating the horrendous scourge of cording to the efforts they are making to part of the Commission’s thorough review. (2) GOALS.—In making determinations modern-day slavery. I look forward to combat trafficking. The countries that do not cooperate in the fight against trafficking under paragraph (1), the Commission shall following the example of the abolition- (Tier 3 Countries) have been made subject to seek to promote goals of— ists before us to end this worldwide United States sanctions since 2003, under the (A) providing a comprehensive and fully in- evil. President’s direction. tegrated evaluation of best practices, to pre- Mr. President, I ask unanimous con- SEC. 4. ESTABLISHMENT OF COMMISSION. vent modern-day slavery; sent that a copy of the bill be printed (a) ESTABLISHMENT.—There is established a (B) providing a comprehensive and fully in- in the RECORD. congressional Commission on the Abolition tegrated evaluation of the best practices to There being no objection, the text of of Modern-Day Slavery (referred to in this rescue and rehabilitate victims of modern- the bill was ordered to be printed in Act as the ‘‘Commission’’). day slavery; (b) MEMBERSHIP.— (C) providing a comprehensive and fully in- the RECORD, as follows: (1) COMPOSITION.—The Commission shall be tegrated evaluation of the best practices for S. 3787 composed of 12 members, of whom— prosecution of traffickers and increasing ac- Be it enacted by the Senate and House of Rep- (A) 3 shall be appointed by the Speaker of countability within countries; resentatives of the United States of America in the House of Representatives; (D) providing a comprehensive and fully in- Congress assembled, (B) 3 shall be appointed by the majority tegrated evaluation of exportable models to SECTION 1. SHORT TITLE. leader of the Senate; prevent modern-day slavery, rescue and re- This Act may be cited as the ‘‘Congres- (C) 3 shall be appointed by the minority habilitate victims of modern-day slavery, sional Commission on the Abolition of Mod- leader of the House of Representatives; and prosecute offenders, and increase education ern-Day Slavery Act’’. (D) 3 shall be appointed by the minority and accountability about modern-day slav- SEC. 2. MODERN-DAY SLAVERY. leader of the Senate. ery, which could contribute governments, In this Act, the term ‘‘modern-day slav- (2) QUALIFICATIONS.—Members of the Com- nongovernmental organizations, and institu- ery’’ means the recruitment, harboring, mission shall be appointed from among indi- tions;

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00083 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8808 CONGRESSIONAL RECORD — SENATE August 3, 2006 (E) identifying countries which provide the of positions and General Schedule pay rates, retain leadership of the global econ- greatest opportunity for abolition of mod- except that the rate of pay for the executive omy in the 21st century. ern-day slavery specific to United States in- director and other personnel may not exceed volvement; the rate payable for level V of the Executive In ‘‘Rising Above the Gathering (F) connecting various organizations to fa- Schedule under section 5316 of such title. Storm,’’ the National Academy of cilitate integration of information regarding (d) DETAIL OF GOVERNMENT EMPLOYEES.— Sciences made 20 recommendations for identifying, extracting, and rehabilitating Federal Government employees may be de- how America can increase its global victims; tailed to the Commission without reimburse- competitiveness. Nineteen of the 20 ment, and such detail shall be without inter- (G) examining the economic impact on recommendations were proposed in the communities and countries that demonstrate ruption or loss of civil service status or measured success in fighting modern-day privilege. PACE Acts—PACE-Education, PACE- slavery; (e) PROCUREMENT OF TEMPORARY AND Energy, and PACE-Finance. I was (H) increasing education and awareness INTERMITTENT SERVICES.—The cochair- proud to cosponsor these bills, and it is about modern-day slavery throughout the persons of the Commission, acting jointly, a testament to the widespread concern United States to decrease modern-day slav- may procure temporary and intermittent regarding this issue that each bill has ery within the United States and abroad; and services under section 3109 (b) of title 5, been cosponsored by more than 60 Sen- United States Code, at rates for individuals (I) providing a comprehensive evaluation ators. of best practices to educate high-risk popu- which do not exceed the daily equivalent of lations. the annual rate of basic pay prescribed for The Mathematics and Science Con- (b) RECOMMENDATIONS.—The Commission level V of the Executive Schedule under sec- sistency Act would implement the final shall develop recommendations on how to tion 5316 of such title. NAS recommendation—for the Depart- best combat modern-day slavery, including SEC. 8. TERMINATION OF THE COMMISSION. ment of Education to convene a na- The Commission shall terminate 90 days an economic, social, and judicial evaluation. tional panel of experts that will collect (c) REPORT.—Not later than 11 months after the date on which the Commission sub- after the date of enactment of this Act, the mits its report under section 5. proven effective K–12 science and Commission shall submit a report to the SEC. 9. AUTHORIZATION OF APPROPRIATIONS. mathematics teaching materials, and, Speaker and minority leader of the House of (a) IN GENERAL.—There are authorized to if effective models don’t exist, create Representatives and the majority leader and be appropriated to the Commission for fiscal new ones. All materials would be made minority leader of the Senate, which shall year 2007 such sums as may be necessary to available online, free of charge, as a contain a detailed statement of the legisla- carry out this Act. voluntary national curriculum that tion and administrative actions as it con- (b) AVAILABILITY.—Any sums appropriated would provide an effective standard for siders appropriate. under the authorization contained in this K–12 teachers to use as a resource. SEC. 6. POWERS OF THE COMMISSION. section shall remain available, without fiscal (a) HEARINGS.—The Commission may hold year limitation, until expensed. Regrettably, many States have set such hearings, sit and act at such times and standards for math and science edu- places, take such testimony, and receive By Mrs. CLINTON: cation at an abysmally low level. A S. 3790. A bill to create a set of effec- such evidence as the Commission considers Fordham report entitled ‘‘The State of tive voluntary national expectations, necessary to carry out this Act. State Science Standards 2005’’ found (b) INFORMATION FROM GOVERNMENTAL and a voluntary national curriculum, that nearly half of the States are doing AGENCIES.—The Commission may secure di- for mathematics and science education a poor job of setting academic stand- rectly from any department or agency such in kindergarten through grade 12, and information as the Commission considers for other purposes; to the Committee ards for science. necessary to carry out this Act. Upon re- on Health, Education, Labor, and Pen- The result of low State standards is quest of either cochairperson of the Commis- that States think their students are sion, the head of such department or agency sions. shall furnish such information to the Com- Mrs. CLINTON. Mr. President, I rise passing, teachers think their students mission. today to introduce legislation to help are passing, and students think they SEC. 7. COMMISSION PERSONNEL MATTERS. ensure that American students are are passing when they in fact are not. (a) COMPENSATION OF MEMBERS.—Each competitive in the global economy of For example, a review of 12 diverse member of the Commission who is not an of- 21st century. If approved, The National States by a team at the University of ficer or employee of the Federal Government Mathematics and Science Consistency California at Berkeley found that the shall be compensated at a rate equal to the Act would ensure that America’s chil- typical State reports that 77 percent of daily equivalent of the annual rate of basic dren have access to a rigorous math its fourth graders are proficient in pay prescribed for level IV of the Executive and science education. This bill will mathematics as assessed by the State Schedule under section 5313 of title 5, United help young men and women in America States Code, for each day (including travel standard, while just 36.5 percent of time) during which such member is engaged compete successfully with students fourth grade students in the typical in the performance of the duties of the Com- from around the world. State score as proficient in mathe- mission. All members of the Commission Last fall the National Academy of matics as assessed by the gold-standard who are officers or employees of the United Sciences, NAS, outlined the challenges National Assessment of Education States shall serve without compensation in to American competitiveness in its re- Progress. Lowering academic standards addition to that received for their services as port, ‘‘Rising Above the Gathering does not adequately prepare our stu- officers or employees of the United States. Storm: Energizing and Employing dents to meet the demands of the glob- (b) TRAVEL EXPENSES.—The members of America for a Brighter Economic Fu- the Commission shall be allowed travel ex- al economy. ture.’’ The reality is that modern tech- penses, including per diem in lieu of subsist- The Mathematics and Science Con- ence, at rates authorized for employees of nology makes it increasingly possible for employers to hire the most skilled sistency Act will help States raise agencies under subchapter I of chapter 57 of standards and invest in high-quality title 5, United States Code, while away from workers wherever in the world they their homes or regular places of business in live. Unfortunately, too many Amer- teaching through the collection of best the performance of services for the Commis- ican students—even some graduates of practices and ensure that a world-class sion. high school and college—are not curriculum is available. Under my bill, (c) STAFF.— equipped with the skills they need to it is entirely up to States whether to (1) IN GENERAL.—The cochairpersons of the compete successfully in the global adopt the recommendations of the Commission, acting jointly, may, without re- panel. States that do would be eligible gard to the civil service laws and regula- economy. Among 12th graders, America ranks for grants to acquire instructional ma- tions, appoint and terminate an executive di- terials, to make those materials avail- rector and such other additional personnel as 21st out of 40 industrialized nations in may be necessary to enable the Commission tests of math and science knowledge. able online and free to teachers and to perform its duties. The employment of an Just one in three of America’s college school staff, and to train teachers to executive director shall be subject to con- graduates earn degrees in math, effectively use the instructional mate- firmation by the Commission. science, and engineering while two in rials. (2) COMPENSATION.—The cochairpersons of three college graduates of other coun- Again, I want to emphasize that this the Commission, acting jointly, may fix the compensation of the executive director and tries do so. We must act now to im- bill provides assistance to States that other personnel without regard to chapter 51 prove education and research in wish to work together to ensure that and subchapter III of chapter 53 of title 5, science, technology, engineering, and all children are taught a rigorous, com- United Sates Code, relating to classification mathematics, STEM, if America is to mon curriculum. The Mathematics and

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00084 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2006 CONGRESSIONAL RECORD — SENATE S8809 Science Consistency Act would imple- have a basic choice for their children: If the millions of privately educated ment the final recommendation made public school or private school. students in this country were to be in the Gathering Storm report, and it Many parents would like to send publicly educated, every taxpayer will help ensure that our children are their children to a traditional private, would have to bear that burden. prepared to compete with success in religious, or military school, however, With this legislation, parents win be- the 21st century. they are often unable to do so because cause their children get the best edu- It is high time to do what is best for of the high costs of such an endeavor. cation possible and the American tax- our children and their economic future. Many middle-class parents make payer wins because they owe nothing I am hopeful that my Senate col- enough to take care of their families, more. leagues from both sides of the aisle will but not enough for their families to pick up and move to a better school And where Florida is concerned, ac- join me today to move this legislation cording to the aforementioned U.S. to the floor without delay. district or for them to send their chil- dren to a private school where they are Census Bureau statistics, approxi- By Mr. MARTINEZ: living. mately, $6,000 is spent annually per S. 3792. A bill to amend the Internal As we know, it is the innate desire of public school student in the Sunshine Revenue Code of 1986 to allow a credit parents to want to provide the very State. against tax for qualified elementary best for their children. While public With more than 350,000 students at- and secondary education tuition; to the schools are the right choice for tens of tending private schools in Florida an- Committee on Finance. millions of American children each and nually, our State’s taxpayers save $2.2 Mr. MARTINEZ. Mr. President, every year, more than 5 million Amer- billion—and that savings can benefit today I rise to discuss a bill that aims ican students currently attend private public schools. to give America’s children access to schools at little or no cost to American The TEACH Act of 2006 would help to greater educational opportunities. As taxpayers. add to those savings. We want to help students reach their history has taught us, advanced soci- America is an ownership society eties are always built on a foundation maximum potential. In this country and around the globe, the best edu- where people get to make choices of a few shared values—and education about how they spend their money and is a chief component of that founda- cated people are nearly always the ones leading their respective communities where they are going to spend it. tion. With a choice as important as where For 21st century America to continue forward. This bill would establish a tax credit and how our children are educated, we to lead the world, the leaders of this of up to $4,500 per family for private el- need to put more of the power in the great Nation of ours must remain com- ementary or secondary school tuition. hands of the parents. mitted to providing every American Single parents would also be eligible child the opportunity to succeed in the While this is in no way comprehen- for the credit. classroom. A quality education unlocks sive education reform, it is another big And because we always want to be re- the doors that lead to bigger life oppor- step in the right direction. sponsible with how taxpayers’ money is tunities. As the axiom goes, knowledge I encourage my Senate colleagues to spent, the tax credit is nonrefundable. is power [attributed to Sir Francis learn more about the TEACH Act and To elaborate, this means that if tuition Bacon]. to work with me to push through this is only three thousand dollars at a In addition, our educational system legislation that will help our children school, families will only be able to de- should be helping parents to make bet- across America receive the education duct that amount. that they need. ter choices, not taking choices away This credit would pass along a small from them. portion of taxpayer savings back to the Remember, if we do not continue to That is why I am introducing the Tax families that help generate it. invest in our future today, tomorrow and Education Assistance for Children For all those middle-class and lower will not show us the bright promise (TEACH) Act of 2006. income families across America who that it can. Let us carry that promise Representative VITO FOSSELLA of feel trapped, who feel as if they don’t home to more Americans today. New York has already introduced this have the power to choose what is best I ask unanimous consent that the bill in the House of Representatives, for their children and their educational text of the bill be printed in the where it has collected 34 cosponsors. needs, the TEACH Act of 2006 will RECORD. Six of those cosponsors come from my make it possible for them to choose the There being no objection, the text of home State of Florida. Those cospon- best learning environment for their the bill was ordered to be printed in sors are JEFF MILLER, GINNY BROWN- children. the RECORD, as follows: WAITE, DAVE WELDON, JOHN MICA, It is also important to note that this KATHERINE HARRIS and TOM FEENEY. bill does not institute a voucher pro- S. 3792 There is a good reason for this. In gram. Instead, as a Federal income tax Be it enacted by the Senate and House of Rep- Florida and across America today, our credit, it helps families to have resentatives of the United States of America in public schools are facing new and trou- choices, while not detracting from the Congress assembled, bling challenges. funding sources needed to continue up- SECTION 1. SHORT TITLE. Many public schools are suffering keep of and improvements in our public This Act may be cited as the ‘‘Tax and from overcrowding, leading to a myriad schools. Education Assistance for Children (TEACH) of problems such as teacher shortages, This bill would alleviate the finan- Act of 2006’’. threats to campus security, a lack of cial burden on our public schools, and SEC. 2. CREDIT FOR QUALIFIED ELEMENTARY books, desks, and computers, to name a thus allow schools to devote greater re- AND SECONDARY EDUCATION TUI- few. In this country, known to the sources toward improving the edu- TION. world as a ‘‘land of opportunity,’’ cational experience for all students. (a) IN GENERAL.—Subpart A of part IV of American parents deserve better than And the American taxpayer should subchapter A of chapter 1 of the Internal to have their children suffer through a not worry that this bill will reduce the Revenue Code of 1986 (relating to nonrefund- failing school system. funding for their child’s school or for able personal credits) is amended by insert- We live in a consumer-driven society ing after section 25D the following new sec- any other public school—it won’t. tion: where numerous choices abound: car or What it will do is increase the value of SUV, caffeinated or decaf, book in ‘‘SEC. 25E. QUALIFIED ELEMENTARY AND SEC- every child’s educational experience, ONDARY EDUCATION TUITION. print or book on tape. be it in a public or private school. We live in a country where you can According to the U.S. Census Bureau ‘‘(a) ALLOWANCE OF CREDIT.—There shall be allowed as a credit against the tax imposed make airline reservations from a port- statistics from 2004, the cost of edu- by this chapter for a taxable year an amount able electronic device, where a doctor cating a student in the public school equal to the qualified elementary and sec- can remotely assist in a surgery from system is close to $8,000 a year. Multi- ondary education tuition paid or incurred by thousands of miles away, where we can plied out, this comes to a total savings the taxpayer during the taxable year. power our homes with Sun, wind, or of over $42 billion a year for our public ‘‘(b) DOLLAR LIMITATION.—The amount al- water, and yet too often parents do not school systems. lowed as a credit under subsection (a) with

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00085 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8810 CONGRESSIONAL RECORD — SENATE August 3, 2006 respect to the taxpayer for any taxable year ment is both inevitable and under- been to see this group transform itself shall not exceed— standable—how do we manage for this from polarized camps into an extraor- ‘‘(1) $4,500 in the case of a joint return, diversity and do so in a way that pro- dinary force that has become known ‘‘(2) $4,500 in the case of an individual who tects and restores the quality of that for its intense effort, comity, trust and is not married, and ‘‘(3) $2,250 in the case of a married indi- fragile environment? willingness to work toward a solution. vidual filing a separate return. In this context, the Owyhee County They operated on a true consensus ‘‘(c) QUALIFIED ELEMENTARY AND SEC- Commissioners and several others said basis, only making decisions when ONDARY EDUCATION TUITION.— ‘‘enough is enough’’ and decided to there was no voiced objection to a pro- ‘‘(1) IN GENERAL.—The term ‘qualified ele- focus efforts on solving these problems posal. mentary and secondary education tuition’ rather than wasting resources on an means expenses for tuition which are in- They involved everyone who wanted endless fight. In 2001, The Owyhee to participate in the process and spent curred in connection with the enrollment or County Commissioners, Hal Tolmie, attendance of any dependent of the taxpayer hundreds of hours discussing their find- with respect to whom the taxpayer is al- Dick Reynolds and Chris Salove met ings, modifying preliminary proposals lowed a deduction under section 151 as an el- with me and asked for my help. and ultimately reaching consensus so- ementary or secondary school student at a They asked whether I would support lutions. They have driven thousands of private or religious school. them if they could put together at one miles inspecting roads and trails, lis- ‘‘(2) SCHOOL.—The term ‘school’ means any table the interested parties involved in tening to and soliciting ideas from peo- school which provides elementary education the future of the County to try and or secondary education (kindergarten ple from all walks of life who have in reach some solutions. I told them that common deep roots and deep interest through grade 12), as determined under State if they could get together a broad base law.’’. in the Owyhee Canyonlands. of interests who would agree to col- (b) CLERICAL AMENDMENT.—The table of They sought to ensure that they had laborate in a process committed to sections for subpart A of part IV of sub- a thorough understanding of the issues problem-solving, I would dedicate my- chapter A of chapter 1 of such Code is and could take proper advantage of the amended by inserting after the item relating self to working with them and if they insights and experience of all these to section 25D the following new item: were successful, I would introduce re- people. ‘‘Sec. 25E. Qualified elementary and sec- sulting legislation. They agreed. ondary education tuition.’’. Together, we set out on a 5-year jour- While this whole process and its out- (c) EFFECTIVE DATE.—The amendments ney on a road that is as challenging as comes are indeed remarkable, one of made by this section shall apply to taxable any in the Owyhee Canyonlands. Sharp the more notable developments is the years beginning after December 31, 2006. turns, steep inclines and declines, big Memorandum of Agreement between the Shoshone Paiute Tribes and the By Mr. CRAPO: sharp rocks, deep ruts, sand burrs, dust and a constant headwind is exactly County that establishes government- S. 3794. A bill to provide for the im- to-government cooperation in several plementation of the Owyhee Initiative what those of us who have worked so hard on this have faced every day. areas of mutual interest. I want to par- Agreement, and for other purposes; to ticularly note the efforts and support the Committee on Energy and Natural This is very difficult work and in speaking of difficult work, I want to of Mr. Terry Gibson, Chairman of the Resources. Shoshone Paiute Tribes, a great leader Mr. CRAPO. Mr. President, I am acknowledge the effort of my friend and a personal friend of mine. pleased to introduce the Owyhee Initia- and colleague from Idaho, Representa- tive Implementation Act of 2006, a bill tive MIKE SIMPSON, and the challenge All of these individuals and organiza- which is the result of a 5-year collabo- he has taken on as he advocates his tions have asked that I seek Senate ap- rative effort between all levels of gov- Central Idaho Economic Development proval of their collaborative effort, ernment, multiple users of public Act. I support his work and his legisla- built from the ground up to chart their lands, and conservationists to resolve tion. path forward. decades of heated land-use conflict in The Commissioners appointed a The Owyhee Initiative transforms the Owyhee Canyonlands in the south- chairman, an extraordinary gentleman, conflict and uncertainty into conflict western part of my home State of Fred Grant. They formed the Work resolution and assurance of future ac- Idaho. Group which included The Wilderness tivity. Ranchers can plan for subse- This is comprehensive land manage- Society, Idaho Conservation League, quent generations. Off-road vehicle ment legislation that enjoys far-reach- The Nature Conservancy, Idaho Outfit- users have access assured. Wilderness ing support among a remarkably di- ters and Guides, the United States Air is established. The Shoshone-Paiute verse group of interests that live, work Force, the Sierra Club, the county Soil Tribe knows its cultural resources will and play in this special country. Conservation Districts, Owyhee Cattle- be protected. The Air Force will con- Owyhee County contains some of the man’s Association, the Owyhee Border- tinue to train its pilots. most unique and beautiful canyonlands lands Trust, People for the Owyhees, Local, state and Federal agencies in the world and offers large areas in and the Shoshone Paiute Tribes to join will have structure to assist their joint which all of us can enjoy the grandeur in their efforts. All accepted, and work management of the region. And this and experience of untouched western on this bill began. will all happen within the context of trails, rivers, and open sky. It is truly As this collaborative process gained the preservation of environmental and magical country, and its natural beau- momentum, the county commissioners ecological health. This is indeed a rev- ty and traditional uses should be pre- expanded the Work Group to include olutionary land management struc- served for future generations. the South Idaho Desert Racing Asso- ture—and one that looks ahead to the Owyhee County is traditional ranch- ciation, Idaho Rivers United and the future. ing country. Seventy-three percent of Owyhee County Farm Bureau. Very re- Principal features of the legislation its land base is owned by the United cently, the commissioners have further include: States, and it is located within an expanded the effort to include the Development, funding and implemen- hour’s drive of one of the fastest grow- Foundation for North American Wild tation of a landscape-scale program to ing areas in the nation, Boise, ID. Sheep and the Idaho Backcountry review, recommend and coordinate This combination of attributes, in- Horsemen. landscape conservation and research The commissioners also requested cluding location, is having an explosive projects; effect on property values, community that the Idaho State Department of expansion and development and ever- Lands and the Bureau of Land Manage- Scientific review process to assist the increasing demands on public land. ment serve, and those agencies have Bureau of Land Management; Given this confluence of circumstances provided important support. Designation of Wilderness and Wild and events, Owyhee County has been at This unique group of people chose to and Scenic Rivers; the core of decades of conflict with work without a professional facilitator, Release of Wilderness Study Areas; heated political and regulatory battles. preferring instead to deal with dif- Protections of tribal cultural and The diverse land uses co-exist in an ferences face-to-face and together cre- historical resources against intentional area of intense beauty and unique char- ate new ideas. For me, one of the most and unintentional abuse and desecra- acter. The conflict over land manage- gratifying and emotional outcomes has tion.

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00086 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2006 CONGRESSIONAL RECORD — SENATE S8811 Development and implementation by Soil Conservation Districts in Owyhee the country for individuals living in the BLM of travel plans for public County, Marcia Argust with the Cam- rural and other medically underserved lands; paign for America’s Wilderness, Grant areas, which is a big deal in West Vir- A board of directors with oversight Simmons of the Idaho Outfitters and ginia. over the administration and implemen- Guides Association, Bill Sedivy with Consider, if you will, Braxton Memo- tation of the Owyhee Initiative. Idaho Rivers United, Tim Lowry of the rial Hospital in the small town of This can’t be called ranching bill, or Owyhee County Farm Bureau, Bill Gassaway in central West Virginia. a wilderness bill, or an Air Force bill, Walsh representing Southern Idaho or a tribal bill. It is a comprehensive Desert Racing Association, Lou Lunte Braxton Memorial is a remote, critical land management bill. and Will Whelan of the Nature Conser- access hospital without the services of Each interest got enough to enthu- vancy for all of their hard work and a radiologist. Because of imaging tech- siastically support the final product, dedication. I’d also like to thank the nology, trained medical staff at advocate for its enactment, and, most Idaho Back Country Horseman, the Braxton Memorial can take a digital x- importantly, support the objectives of Foundation for North American Wild ray and, within minutes, send a precise those with whom they had previous Sheep, Roger Singer of the Sierra Club, copy to a major medical facility in conflict. the South Board of Control, and the Charleston. There, it is read by a radi- Opposition will come from a few prin- Owyhee Project managers, and all the ologist, who then returns a written re- cipal sources: those who simply don’t other water rights holders who support port by e-mail. A few years back this want to have wilderness designated; me today. This process truly benefited was still science fiction, but now it those who don’t want livestock any- from the diversity of these groups and happens every hour of every day across where on public land; and, those who their willingness to cooperate to reach the country. do not want to see collaboration suc- a common goal. As incredible as these services may ceed. While I respect that opposition, I The Owyhee Canyonlands and its in- seem and as important as they are to prefer to move forward in an effort habitants are truly a treasure of Idaho the practice of effective clinical medi- that manages conflict and land, rather and the United States; I hope you will cine, there is a perception that imaging than exploit disagreements. join me in ensuring their future. services also come with an increased The status quo is unacceptable. The It is my honor and privilege to intro- cost. Over the past few years, the use Owyhee Canyonlands and its inhab- duce this legislation today to protect itants, including its people, deserve to and preserve this tremendous part of of imaging services by Medicare bene- have a process of conflict management Idaho and the people who live there. ficiaries has increased significantly. In and a path to sustainability. The need fact, MedPAC reported in March 2005 for this path forward is particularly By Mr. SMITH (for himself, Mr. that imaging grew at twice the rate of acute given that this area is an hour’s ROCKEFELLER, Mr. ISAKSON, Mr. all other physician fee schedule serv- drive from one of the nation’s most DEWINE, Mr. BURR, Mr. BINGA- ices between 1999 and 2003. During that rapidly-growing communities. The MAN, Ms. STABENOW, and Mr. time, MRI and CT procedures increased Owyhee Initiative protects water MENENDEZ): by 15 percent to 20 percent per year on rights, releases wilderness study areas S. 3795. A bill to amend title XVIII of their own. and protects traditional uses. the Social Security Act to provide for In addition to rising costs, MedPAC I commend the commitment and a two-year moratorium on certain further reinforced ongoing concerns Medicare physician payment reduc- leadership of all involved. We have es- about potential overuse of imaging tions for imaging services; to the Com- tablished a long-term, comprehensive services and the sudden increase of out- management approach. It’s been an mittee on Finance. patient-based imaging in primary care honor for me to work with so many Mr. ROCKEFELLER. Mr. President, I settings. Citing a lack of training and fine people and I will do everything in rise today with my friend and col- implementation of imaging guidelines, my power to turn this into law. league from Oregon, Senator SMITH, to The Owyhee Initiative sets a stand- introduce the Access to Medicare Im- MedPAC called upon Congress to direct ard for managing and resolving dif- aging Act of 2006. This legislation the Secretary of Health and Human ficult land management issues in our would require a 2-year moratorium on Services to define and execute such country. After all, what better place to the imaging cuts enacted as part of the standards. forge an historical change in our ap- Deficit Reduction Act, pending the out- Given the MedPAC report, imaging proach to public land management, come of a comprehensive study of reimbursement became an easy budget than in this magnificent land that Medicare imaging utilization and pay- target during the reconciliation debate symbolizes livelihood, heritage, diver- ment by the Government Account- last year. I am concerned, however, sity, opportunity and renewal? ability Office, GAO. that the $8 billion in imaging cuts were And with that, I would like to recog- Each year, millions of Medicare pa- prematurely added to the Deficit Re- nize and thank the people who have tients receive medical imaging serv- duction Act. I believe these cuts were been the real driving force behind this ices, including x-rays, CT-scans, MRIs, arbitrarily determined in order to meet process: Fred Grant, Chairman of the and PET scans, to name just a few. Im- a budget target and were not based on Owyhee Initiative Work Group, his as- aging devices allow doctors to more ac- sound public policy. I am also very con- sistant Staci Grant, and Dr. Ted Hoff- curately diagnose and treat a wide cerned about the impact these cuts will man, Sheriff Gary Aman, the Owyhee range of human conditions, and pa- have on the imaging profession and on County Commissioners: Hal Tolmie, tients who receive imaging services Medicare beneficiaries’ access to imag- Chris Salova, and Dick Reynolds and enjoy the peace of mind that comes ing services. Chairman Terry Gibson of the Sho- from more precise diagnoses of disease. shone Paiute Tribes. I am grateful to It would not be an overstatement to We should not put the health of our Governor Jim Risch of the Great State say that medical imaging has revolu- seniors at risk in order to achieve an of Idaho for all of his support. tionized the manner in which physi- arbitrary budget target. So today I join Thanks to: Colonel Rock of the cians practice medicine and the man- Senators SMITH, BINGAMAN, ISAKSON, United States Air Force at Mountain ner in which patients receive health STABENOW, DEWINE, MENENDEZ, and Home Air Force Base, Craig Gherke care. BURR in calling for a 2-year delay of and John McCarthy of The Wilderness The widespread use of digital imag- these cuts so that a comprehensive Society, Rick Johnson and John Robi- ing equipment allows providers to eas- GAO study can be completed. A thor- son of the Idaho Conservation League, ily exchange images across the Inter- ough GAO analysis of Medicare reim- Inez Jaca representing Owyhee County, net, facilitating greater and more bursement for imaging services will Dr. Chad Gibson representing the timely physician consultation and, provide greater insight into this impor- Owyhee Cattleman’s Association, Bren- most people believe, improving the tant field of medical practice and help da Richards representing private prop- quality of care received by the patient. inform our decisions going forward. I erty owners in Owyhee County, Cindy This same technology allows greater urge my colleagues to join with us in and Frank Bachman representing the access to radiology professionals across supporting this timely legislation.

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00087 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8812 CONGRESSIONAL RECORD — SENATE August 3, 2006 Mr. President, I ask unanimous con- work hours to care for an infant is not tions—and deliver water to southern sent that the text of the bill be printed financially viable. Doing so would Sacramento County, San Joaquin in the RECORD. plunge the family into an economic County, and to the San Francisco Bay There being no objection, the text of crisis. Rather, parents should have the area. Because the planned East Side the bill was ordered to be printed in choice of using a state child care sub- Division irrigation project was never the RECORD, as follows: sidy to obtain infant care outside the constructed, the anticipated deliveries S. 3795 home or of keeping the subsidy so they through the Folsom South Canal never Be it enacted by the Senate and House of Rep- can stay home and care for their child materialized. Only two reaches of the resentatives of the United States of America in themselves without risking their fam- canal were constructed, and those are Congress assembled, ily’s financial security. dramatically overbuilt. In a departure SECTION 1. SHORT TITLE. The Choices in Child Care Act of 2006 from normal reclamation policy, which This Act may be cited as the ‘‘Access to would provide parents this choice. The dictates that signed contracts are re- Medicare Imaging Act of 2006’’. bill amends the child care development quired prior to construction of SEC. 2. TWO-YEAR MORATORIUM ON CERTAIN block grant, CCDBG, so that low- and projects, signed contracts were not ob- MEDICARE PHYSICIAN PAYMENT RE- moderate-income parents have the op- DUCTIONS FOR IMAGING SERVICES. tained. (a) MORATORIUM.—Subsections (b)(4)(A) and tion of forgoing a State childcare sub- sidy for infant care outside the home The canal was built with the capac- (c)(2)(B)(v)(II) of section 1848 of the Social ity to deliver 2.5 million acre-feet of Security Act (42 U.S.C. 1395w-4), as added by and instead receiving a comparable sti- section 5102(b) of the Deficit Reduction Act pend to provide the care themselves water per year, but the only entity cur- of 2005, are each amended by striking ‘‘2007’’ while keeping the family economically rently diverting water through the and inserting ‘‘2009’’. stable. Providing support for at-home canal—the Sacramento Municipal Util- (b) GAO STUDY AND REPORT ON IMAGING infant care would give thousands of ity District, SMUD—has only diverted SERVICES FURNISHED UNDER THE MEDICARE working families the help they need to a maximum of 20,000 acre-feet per year. PROGRAM.— balance work and care for their infant In short, a significantly oversized canal (1) STUDY.—The Comptroller General of the has been used to deliver a very small United States shall conduct a comprehensive children. The bill would also help meet study on imaging services furnished under the critical shortage of infant quantity of water. the Medicare program. childcare, provide cost savings to state Under reclamation policy, the agency (2) REPORT.—Not later than 1 year after child care programs, support quality allocates the capital costs of the canal the date of enactment of this Act, the Comp- care for the critical first years of a to the pool of all CVP municipal and troller General shall submit to Congress and child’s development, and value par- the Secretary of Health and Human Services industrial water—M&I—users regard- a report on the findings and conclusions of enting as a form of work. less of whether they divert water the study conducted under paragraph (1) to- The time has come for us to recog- through the Folsom South Canal. gether with recommendations for such legis- nize the challenges facing families There are 32 M&I customers that are lation and administrative actions as the today and give parents additional re- paying for the canal, including SMUD, Comptroller General considers appropriate. sources and options to address those Sacramento County Water District, challenges. I urge my colleagues to East Bay MUD, Santa Clara Valley By Mrs. CLINTON (for herself join me in supporting the Choices in Water District and Contra Costa Water and Mr. JOHNSON): Child Care Act of 2006. District. Today, only SMUD diverts S. 3797. A bill to establish demonstra- any water through the canal, albeit tion projects to provide at-home infant By Mrs. FEINSTEIN: only about 8 percent of the canal’s ca- care benefits; to the Committee on S. 3798. A bill to direct the Secretary pacity; the other customers have little Health, Education, Labor, and Pen- of the Interior to exclude and defer or no benefit to the project that they sions. from the pooled reimbursable costs of fund. This inequity is difficult to ex- Mrs. CLINTON. Mr. President, I am the Central Valley Project the reim- plain to ratepayers that are already pleased to introduce today legislation bursable capital costs of the unused ca- burdened with replacing aging infra- to provide parents new options to bal- pacity of the Folsom South Canal, Au- ance family and work. burn-Folsom South Unit, Central Val- structure and upgrading water treat- The reality of today’s economy is ley Project, and for other purposes; to ment technologies. that most parents must work to pro- the Committee on Energy and Natural My legislation would direct the Sec- vide economic security for their fami- Resources. retary of the Interior to exclude and lies—a reality that is particularly true Mrs. FEINSTEIN. Mr. President, I defer from those pooled reimbursable when a new baby is welcomed into the rise today to introduce a bill that is costs of the CVP, the costs of the un- family. In fact, 55 percent of women based on the simple fairness principle used capacity of the Folsom South with infants younger than one year of that you should pay for what you get, Canal. While final deferral calculations age work. As a result, working parents no more and no less. In this case Cali- will be performed by reclamation as di- face the challenge of providing eco- fornia water districts have been paying rected by this bill, it is estimated that nomic security for their family while for years for conveyance capacity on this bill will result in a deferral of ap- simultaneously ensuring that their in- the Folsom South Canal that they do proximately $35 million excess capac- fant receives the quality care that he not use. ity costs. or she needs. This bill would direct the Secretary The concept of deferring costs is not Research shows that the quality of of the Interior to exclude and defer unique to the Folsom South Canal. caretaking in the first months and from the pooled, reimbursable costs of Congress has authorized deferrals for years of life is critical to a newborn’s California’s Central Valley Project, other elements of the CVP and in other brain development, social development CVP, the capital costs of the unused reclamation projects. Even though and well-being. Yet there is currently a capacity of the Folsom South Canal. there are many instances where cus- severe shortage of safe, affordable, Congressman LUNGREN has introduced tomers pay for unused capacity, there quality care for infants. The number of similar legislation in the House of Rep- are no instances that come close to ap- licensed child care slots for infants resentatives. proaching the absurd inequity of being meets only 18 percent of the need. The In 1970, two CVP contractors signed forced to pay for a canal that is pro- shortage is particularly acute in rural contracts with the Bureau of Reclama- areas, and especially in rural areas tion to take water from the Folsom ducing 8 percent of what reclamation that have many low-income residents. South Canal, which had yet to be built. promised it would deliver. In the ideal circumstance, I think we The canal diverts water out of Lake Should the amount of CVP water would all agree, parents who need af- Natomas, a regulating reservoir imme- conveyed through the Folsom South fordable, high-quality care for their in- diately downstream of Reclamation’s Canal change in the future, this bill in- fant would provide that care them- Folsom Reservoir, to areas in southern cludes a provision directing Interior to selves. Unfortunately, in many low- Sacramento County. review the change and adjust the de- and moderate-income families, having The canal was originally designed to ferred costs accordingly for unused ca- a parent quit his or her job or reduce incorporate five ‘‘reaches’’—or sec- pacity.

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00088 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2006 CONGRESSIONAL RECORD — SENATE S8813 I strongly believe this deferral is the ment and to protect the lives and ad- mental appropriations bill, the task of correct approach to this issue. Rec- dress the humanitarian needs of the supporting the peace process. The ur- lamation made the decision to oversize people of Darfur, and for other pur- gency of this situation demands a con- this canal based on future planned ex- poses; to the Committee on Foreign stant level of attention at the highest pansions—expansions that did not ma- Relations. level of our government, a task that terialize. The water districts that use Mr. SMITH. Mr. President, I rise the special envoy can facilitate. the existing canal for limited convey- today to introduce the Peace In Darfur Section 5 of the bill codifies sanc- ances should not pay for the con- Act of 2006, along with my distin- tions against Sudan that were imposed sequences of public policy decisions guished colleague from Massachusetts, by Executive Order 13067. Codifying that resulted in a significantly over- Senator KENNEDY. Our intention is to these sanctions will send a strong mes- sized canal. Water districts should pay continue to press the Sudanese Govern- sage to the Sudanese government that for the canal conveyance capacity that ment and rebel groups to honor the signing the peace agreement is not suf- they use—I think this is a fairness Abuja peace agreement reached on May ficient—we expect their full compli- principle that we can all accept. 5 in Nigeria. We hope that this legisla- ance and cooperation to bring about a I ask unanimous consent that the tion will help bring about peace in the text of the bill be printed in the peaceful resolution to the ongoing con- region. flict. RECORD. Mr. President, I will ask animous There being no objection, the text of consent to have printed in the RECORD Section 6 of the bill requires the the bill was ordered to be printed in the following letters from the Hebrew State Department to issue a report on the RECORD, as follows: Immigrant Aid Society, the American the implementation of the Darfur S. 3798 Jewish Committee and the Archdiocese Peace Agreement and a description of Be it enacted by the Senate and House of Rep- of Portland, OR. the humanitarian crisis. It also calls resentatives of the United States of America in Tragically, despite the Abuja peace for the President to report on the Congress assembled, agreement, the conflict in the Darfur international community’s efforts to SECTION 1. CERTAIN AMOUNTS EXCLUDE AND support the peace process and address DEFER FROM THE POOLED REIM- region of Sudan has continued BURSABLE COSTS RELATED TO THE unabated throughout this spring and humanitarian shortfalls. I believe this CENTRAL VALLEY PROJECT. summer. The Janjaweed, a government will hold accountable those countries (a) IN GENERAL.—The Secretary of the In- supported militia, continues to attack that are actively undermining the terior (referred to in this section as the innocent citizens and the government peace agreement. ‘‘Secretary’’) shall exclude and defer from the pooled reimbursable costs of the Central is unable, or unwilling, to stop this If the President certifies that the Valley Project the reimbursable capital brutality. Government of Sudan is implementing costs of the unused capacity of the Folsom This violence has led to an increas- the peace agreement and has agreed to South Canal, Auburn-Folsom South Unit, ingly—dire humanitarian situation. allow the presence of a U.N. peace- Central Valley Project. More then 3 million people are depend- keeping mission, then the legislation (b) CALCULATION OF AMOUNT OF DEFERRED ent upon humanitarian assistance. requires the President to request rec- USE.—The Secretary shall calculate the Imagine the entire state of Oregon, amount to be assigned to deferred use as ommendations to further the peace soon as practical and such shall be reflected which has three and a half million citi- process from the special envoy for in future years’ water rates. zens, dependent upon humanitarian Sudan. (c) CALCULATION OF CAPITAL COSTS.—For aid. This is what we face in Darfur However, if the President finds the the purpose of calculating the excluded reim- today. bursable cost for the Folsom South Canal fa- I commend the Bush administration Sudanese Government is impeding the cility, the Secretary shall multiply the ex- for the work it has done in bringing peace process, the bill calls for the isting total reimbursable cost for the facility about the Abuja peace agreement. President to impose additional meas- by a factor, to be determined by dividing the America has been extraordinarily gen- ures against Sudan, including enacting current minimum unused conveyance capac- targeted sanctions on the Sudanese ity of the canal by the original design con- erous in providing over $1 billion worth of humanitarian assistance to those leadership and their immediate fami- veyance capacity of the canal. The minimum lies. unused conveyance capacity of the canal suffering in the region. Yet more must shall— be done to bring an end to the conflict Section 7 requires a State Depart- (1) be determined by the Secretary; and give the Sudanese people a chance ment report on those companies invest- (2) be based upon actual historic measured to live a normal life. ing $5 million or more in Sudan. This flows in the canal and planned future flows; The Peace in Darfur Act of 2006 seeks information can then be used to deter and (3) include the amount of Central Valley to increase the prospect of full imple- investment groups, retirement funds, Project water that was originally conveyed mentation of the Abuja peace agree- and others from investing in corpora- or was historically projected to be conveyed ment and address the unmet humani- tions doing business in Sudan. The leg- through the Folsom South Canal which may tarian needs in Darfur. The bill sup- islation requires the Department of the have been contractually assigned to another ports the deployment of a United Na- Treasury to issue a report summarizing entity. tions peacekeeping force to Darfur, in- the assets of Sudanese leaders in the (d) REVIEW AND ADJUSTMENT.—The Sec- tensifying the international pressure United States and elsewhere. This re- retary shall review and adjust— port will give a full accounting of the (1) the amount described in subsection on the Government of Sudan to comply (b)(3) as appropriate and recalculate the with the agreement and allow in U.N. Sudanese leaders’ assets and will allow amount of such unused capacity of the Fol- peacekeepers. This bill also codifies ex- the Department of the Treasury to som South Canal; and isting sanctions and calls for addi- take actions on these assets. (2) the amount of reimbursable capital tional targeted sanctions on Sudan’s Finally, section 8 of the legislation costs of the Folsom South Canal. leaders. authorizes $150 million for humani- (e) CONVEYANCE OF CERTAIN WATER.—So While the African Union Mission in long as an entity that is allocated and that tarian needs in Darfur (fiscal years pays capital, interest, and operation and Sudan has performed admirably under 2008–2012 to alleviate the suffering of maintenance costs associated with an difficult conditions, a stronger force these needy people. amount of Central Valley Project water his- must be deployed to provide stability, torically assigned to the Folsom South allow refugees to return to their Mr. President, I am pleased that Sen- Canal does not use the Folsom South Canal homes, and restore some semblance of ator KENNEDY has joined me in this ef- for the conveyance of Central Valley Project normalcy to those affected by the fort. Our legislation is an important water, that entity shall be entitled, without fighting. Section 4 of our legislation step in the efforts needed to bring additional cost, to convey up to an equiva- calls upon the Government of Sudan to peace to the region. We hope that it lent amount of non-Central Valley Project will continue to focus attention on the water through the Folsom South Canal. allow a United Nations peacekeeping force into Darfur to achieve these im- crisis and pressure the major actors to By Mr. SMITH (for himself and portant objectives. abide by the Abuja peace agreement. Mr. KENNEDY): Section 4 of our legislation also as- Mr. President, I ask unanimous con- S. 3801. A bill to support the imple- signs the special envoy for Sudan, au- sent that the letters to which I referred mentation of the Darfur Peace Agree- thorized in the fiscal year 2006 supple- earlier by printed in the RECORD.

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00089 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8814 CONGRESSIONAL RECORD — SENATE August 3, 2006 There being no objection, the mate- THE HEBREW IMMIGRANT AID need in some corner of today’s world be- rial was ordered to be printed in the SOCIETY, comes so acute that, for a time, it serves as New York, NY July 28, 2006. the unique moral test of our society with re- RECORD, as follows: Hon. GORDON SMITH, spect to our care for the weakest among us THE AMERICAN JEWISH COMMITTEE, Senate Russell Office Building, . . . The Khartoum government has the Washington, DC, August 2, 2006. Washington, DC. greatest responsibility [for the violence and DEAR SENATOR: ‘‘First they came first for Hon. EDWARD M. KENNEDY, harassment directed against the Fur the Communists, and I did not speak out be- Senate Russell Office Building, Zagahawa and Masaalite black African eth- cause I was not a Communist. Then they Washington, DC. nic groups by the Janjaweed] and must be DEAR SENATOR SMITH AND SENATOR KEN- pressured to do what it can to bring an end came for the Socialists, and I did not speak NEDY: I am writing on behalf of the Hebrew to the conflict. We continue to urge the out, because I was not a Socialist; Then they Immigrant Aid Society (HIAS) to express our United Nations and our own government to came for the trade unionists, and I did not strong support for the ‘‘Peace in Darfur Act apply that pressure.’’ (Catholic Sentinel, Au- speak out because I was not a trade unionist. of 2006.’’ gust 26, 2004) Then they came for the Jews, and I did not For over 125 years, HIAS has helped mil- Even though the atrocities being com- speak out because I was not a Jew. Then lions of people fleeing persecution and pov- mitted against the population of Darfur were they came for me, and there was no one left erty through rescue, resettlement and re- declared to be genocide by the international to speak out for me.’’ union. The Jewish tradition’s emphasis on community in July 2004, the violence has refugee protection and our community’s ex- continued unabated. It is clear that much In 1945 Lutheran Pastor Martin perience with the trauma of genocide and more intensive and sustained engagement is Niemoller’s voice echoed around the globe as refugee flight make what’s happening in required of the international community. the world grieved over millions of lives lost Darfur an issue of primary concern for the In May 2006, the Sudanese Government of Jewish community. We therefore applaud at the hands of genocide. Sixty years later, National Unity and the Sudan Liberation this bill for taking concrete steps to allevi- America grieves as millions of innocent vic- Movement signed the Darfur Peace Agree- ate the inconceivable suffering and hardship tims are being displaced, raped, tortured, ment. Bishop Wenski, Chairman of the U.S. that so many innocent Sudanese have en- and murdered in the Darfur region of Sudan. Conference of Catholic Bishops Committee dured in the past three years. on International Policy, said the peace ac- Pressure is mounting for the Sudanese gov- Specifically, we are pleased that this bill cord ‘‘will open the way for the United ernment to end its genocide. Over the past authorizes $150 million in additional funding States to hold the Sudanese government to two years, Congress has allocated more than to help meet tbe unmet humanitarian needs its promise of allowing the African Union in Darfur. With an office in eastern Chad and $250 million to expand and strengthen the peacekeeping force (AMIS) to be transformed programs in three refugee camps, HIAS has role of the African Union Mission in Darfur into a more robust and mobile UN mission seen first-hand the dire consequences when and to provide additional humanitarian dis- with a strong mandate. It is essential to the basic necessities of life, including food, aster relief throughout the region. As the na- strengthen significantly the presence and re- water, and health services, are not met. In sponsiveness of peacekeeping forces in tion’s oldest human relations organization, June 2005, HIAS launched the Initiative for Darfur, both to guarantee implementation of the American Jewish Committee applauds Sudanese Refugees in Chad, which is in- the peace agreement and to win the con- Congress’ action in approving these funds, tended to strengthen the refugees’ psycho- fidence of the people.’’ but we believe that more must be done. logical and social conditions and to convey skills needed to survive and function in the In answer to the Gospel’s call to protect The fragile peace agreement reached in human life and dignity, the U.S. Conference May now seems shattered as fighting con- aftermath of extreme violence. Re-acquisi- tion of these basic skills is crucial to break of Catholic Bishops joined the Save Darfur tinues to rage throughout the region. To halt the chain of dependence and suffering caused Coalition, an alliance of over 150 faith-based, the killing and displacement, civilians must by severe psychological trauma. By allo- humanitarian, and human rights organiza- be protected, the peace agreement must be cating additional funding to provide such tions that organized the Million Voices for implemented, and a secure environment basic necessities as food and water, this bill Darfur Campaign, in calling upon our leaders must be established for the delivery of hu- will help remove yet another hurdle to the to no longer remain silent in the face of the manitarian aid. As atrocities, crimes against Darfuri refugees’ ability to support them- killings, rape and wanton destruction occur- humanity and genocidal acts continue selves and regain control over their lives and ring daily in Darfur. throughout the region, we urge you to take well-being. The specific actions that were requested further action toward protecting besieged The Jewish community, knowing all too included: well what results when genocide is met with Sudanese civilians by supporting the Peace (1) Retain urgently needed funding for hu- silence and inaction, has aggressively de- manitarian relief in the FY 2006 Emergency in Darfur Act. nounced the genocide in Darfur and called on Supplemental Appropriations bill. The Peace in Darfur Act, introduced by the U.S. Government to do more in response. (2) Pressure the government in Khartoum Senators Gordon Smith and Edward Ken- By requiring the Administration to take sev- to disarm the warring factions, cease all at- nedy, directs the President to appoint a new eral important actions, including appointing tacks against innocent civilians, provide special envoy to Sudan. The Special Envoy, a Special Envoy for Sudan, the ‘‘Peace in unimpeded humanitarian access and bring to in collaboration with international partners, Darfur Act of 2006’’ is a significant and vital justice those perpetrating crimes against hu- bill that should be supported by all Members would be best positioned to advance the manity. of Congress. To us, ‘‘never again’’ is more Darfur peace process. The bill also calls on (3) Pressure both the government and the than just a quote—it is a mandate. rebels to respect the existing ceasefire agree- the government of Sudan to allow a UN Sincerely, peacekeeping force to enter Darfur; NATO to ment and to intensify the search for a dura- GIDEON ARONOFF, ble peace during ongoing negotiations in provide humanitarian, logistical, and per- CEO and President. Abuja, while simultaneously urging both sonnel support to the UN; NATO to enforce Sudan and Chad to refrain from any esca- the no-fly zone over Darfur; and the inter- ARCHDIOCESE OF PORTLAND IN OREGON, lation that might lead to threatened hos- national community to not only support the Portland, OR, July 31, 2006. tilities. Sen. GORDON SMITH, African Union Mission (AMIS) in Sudan, but (4) Urge the U.S. to use its voice in the Portland, OR. also to provide humanitarian assistance. The U.N. Security Council to ensure the continu- DEAR SENATOR SMITH: Thank you for the bill also authorizes an additional $150 mil- opportunity to comment on the draft legisla- ation of the mandate of the African Union in lion in humanitarian aid for Fiscal Years tion ‘‘Supporting Peace and Alleviating Suf- Darfur to monitor the ceasefire, protect in- 2008–2012. Further, the bill mandates a Presi- fering in Darfur’’ that you are co-authoring nocent civilians, and assist international hu- dential report on the situation in Darfur with Senator Kennedy. The continuing vio- manitarian relief organizations, while urging that will cast new light on the Sudanese gov- lence and atrocities being committed in NATO to provide AMIS with all possible ernment’s actions and provide a basis to im- Darfur are tragic and deplorable. As people logistical support until the transition to pose targeted sanctions if necessary. of faith we are compelled to do everything in full-fledged UN peacekeeping force can be completed. On behalf of a community that has suffered our power to protect the lives and dignity of the victims. I deeply appreciate your leader- (5) Hold the signatories to the Comprehen- persecution and even genocide all too often ship on this issue, and in particular your sive Peace Agreement fully accountable, and in our history, we urge you to support this continuing efforts to introduce legislation in honor the promise to provide substantial fi- crucial piece of legislation. The time to act the U.S. Senate. nancial and political support to the govern- is now. History has demonstrated the price Archbishop Vlazny wrote that people of ment of national unity to undertake the re- of standing idly by in the face of such hor- faith must demonstrate a willingness ‘‘to go construction of the country and its civil so- rors. beyond our own boundaries to serve those in ciety. Respectfully, need and to work for global justice and (6) Urge the U.N. Security Council to con- RICHARD T. FOLTIN, peace. Ours is a shrinking and suffering tinue its support for the peacekeeping mis- Legislative Director and Counsel. world. Every once in a while a particular sion that is working with all parties to the

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00090 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2006 CONGRESSIONAL RECORD — SENATE S8815 national-unity government to implement the The African Union Mission in Sudan, give the people of the region much- peace accord. The United States should pro- which has 7,000 peacekeepers in Darfur, needed aid. We must do more to en- vide adequate funding and logistical support has made a valiant effort to provide se- courage the international community so that peace and security might be achieved. curity and assist the people of Darfur. to do so as well. The draft legislation that you have pro- Nonetheless, the African Union peace- Sadly, the continuation of violence posed (‘‘Supporting Peace and Alleviating keepers are not able even to defend in the region has severely hindered hu- Suffering in Darfur Act’’, July 12, 2006 themselves, much less the two million manitarian aid efforts. In the past 6 version) addresses these requested actions in refugees and internally displaced per- months, aid groups in eastern Chad a comprehensive and thorough manner. We sons fleeing the violence. This mission have lost 26 vehicles to armed hijack- are deeply grateful that you have dem- is obviously unprepared and ill- onstrated leadership on this issue and are ers. One UNICEF worker was shot and willing to take the necessary steps to pro- equipped to press for and verify the im- nearly killed. It is unfair to put relief tect the people of Darfur from further harm. plementation of the May 5 peace agree- agencies in a situation where they We join you in hoping that these measures ment. must either risk having their aid work- will be fully effective. Sudan appears to be waiting to see ers murdered or raped, or pull out and The events of the past few months dem- whether the international community leave thousands in Darfur to die. U.N. onstrate that significant progress can be will again just lament the crisis and Secretary General Kofi Annan said of made with high level engagement on the part make hollow threats, or is now ready of the U.S. Congress and Administration. this crisis, ‘‘Giving aid without protec- Please share our appreciation and gratitude and willing to take concrete steps. As tion is like putting a Band-Aid on an with everyone who made this initial step to- one high-ranking Sudanese Govern- open wound.’’ ward peace possible. We offer our full support ment official said to a Boston Globe re- To give peace the best chance of tak- for continued and sustained leadership in the porter, ‘‘The United Nations Security ing hold, peace, the Sudanese Govern- difficult time ahead. Council has threatened us so many Sincerely, ment must be persuaded to implement times, we no longer take it seriously.’’ its commitment to neutralize and dis- DAVID CARRIER, Ph.D., It is time for the United States and the Director, Office of Justice and Peace. arm the Janjaweed. The Sudanese can Mr. KENNEDY. Mr. President, Sen- international community to let the Su- be influenced by what the rest of the danese Government know that this ator SMITH and I have sent a bill to the world does. Sudan is not an isolated, desk to address the heart-wrenching time we expect Sudan to carry through remote land. It is the largest country crisis in Darfur and support the peace on its commitments in the Darfur in Africa, and has significant economic process there, and we look for its early Peace Agreement. Fortunately, the and political ties to the rest of Africa consideration. international community has already and the world. The horrifying violence in the Darfur taken initial actions to support the May 5 Peace Agreement. The African Now is the time for the United region of Sudan was recognized by Con- States, in concert with other countries, gress and the Bush administration as Union and the United Nations are plan- ning for the transfer of peacekeeping to act on Darfur. This is why Senator genocide over 2 years ago, and it con- SMITH and I have introduced legislation tinues unabated today. However, rays responsibilities from the African Union to the United Nations. In addition, to urge the Sudanese parties to honor of hope for peace can be seen on the ho- their commitment in the peace accord. rizon. On May 5, the Government of NATO has begun planning on how to support a U.N. peacekeeping mission, The bill also helps to address the Sudan and the main rebel group, the unmet humanitarian needs in Darfur. Sudan Liberation Movement led by and the European Union hosted a con- Minni Minnawi, agreed to a plan that, ference in July on assistance for At its core, the legislation is in- if implemented, could bring peace to Darfur. tended to encourage greater inter- Darfur. Although the international commu- national pressure on the Government The plan calls for an immediate nity has signaled support for the of Sudan to fulfill its obligations in the cease-fire and requires the Government Darfur Peace Agreement, Khartoum peace agreement and to allow U.N. of Sudan to neutralize and disarm the has been dragging its heels. In par- peacekeepers into Darfur. Janjaweed militia, the gunmen sup- ticular, it has not yet agreed to allow In preparing this legislation, we have ported by the government who have a U.N. peacekeeping mission into worked closely with the NGO commu- been conducting a bloody campaign to Darfur. The international community nity of experts. Groups such as the forcibly displace non-Arab tribes from must strengthen its effort to persuade International Crisis Group, Refugees Darfur. the Sudanese Government to comply International, Save Darfur Coalition, The Darfur Peace Agreement is an with the agreement and permit the the Hebrew International Aid Society, opportunity we need to seize. To do so, U.N. peacekeepers in Darfur. the American Jewish Committee, the greater international pressure on the One of the tragic outcomes of the American Jewish World Service, and Sudanese government will be required Darfur violence is an alarming humani- Physicians for Human Rights have en- in order to improve the prospects of ef- tarian crisis. More than 3 million peo- dorsed it. I will ask that the letters of fective implementation. Developments ple in Darfur are dependent on humani- endorsements that I have submitted be since its signing indicate that the tarian assistance for survival. The vio- printed in the RECORD. present level of international pressure lence in Darfur has forced millions to The legislation assigns to the Presi- isn’t enough. flee from their homes. The U.N. Office dential envoy for Sudan the responsi- Three months have passed, but the for the Coordination of Humanitarian bility for supporting the Darfur peace Sudanese Government has done little Assistance reports that significant process and, together with the inter- to take the most important step in the needs for health, food and water, and national community, to press the Su- peace plan—disarming the Janjaweed. sanitation are not being met in Darfur. danese parties to implement the Khartoum’s past record is not encour- The World Food Program warns of a agreed-upon ceasefire and disarm the aging. It has pledged to disarm the $400 million shortfall in the funds it Janjaweed militia. Janjaweed on previous occasions but now has for Sudan. Because of the It calls on the Government of Sudan then failed to follow through. This re- shortages in food relief, the refugees to immediately allow a U.N. peace- luctance is not unexpected in light of are receiving only partial rations. the government’s cynical use of the The children suffer most. One in four keeping force to enter Darfur and to Janjaweed to exercise power in the children in Darfur die before the age of implement the Darfur Peace Agree- Darfur region. five. The most needy frequently remain ment. In recent months, the violence in hidden, because insecurity in the re- It calls on NATO to enforce the no- Darfur has spilled over into neigh- gion prevents them from making the fly zone over Darfur, if requested by boring Chad. The two governments dangerous trip to international relief the U.N., and to provide airlift, and each support armed groups opposed to centers. logistical and intelligence support to the other. Sudanese helicopters and The United States has been the larg- the peacekeepers. planes attack innocent villagers in est single donor of humanitarian as- It calls on the international commu- Darfur, despite a United Nations order sistance to the people of Darfur, and we nity to act promptly to meet the out- not to fly over Darfur. must continue our effort in order to standing humanitarian assistance

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00091 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8816 CONGRESSIONAL RECORD — SENATE August 3, 2006 needs. We must do our part too. The able and to ensure that UN forces are de- basic necessities as food and water, this bill legislation authorizes $150 million in ployed to protect civilians. will help remove yet another hurdle to the additional funds for each of the next 5 Yours sincerely, Darfuri refugees’ ability to support them- fiscal years to meet these needs. MARK L. SCHNEIDER, selves and regain control over their lives and Senior Vice President. well-being. Under the legislation, the President The Jewish community, knowing all too will report on whether the Sudanese REFUGEES INTERNATIONAL, well what results when genocide is met with Government is implementing the peace Washington, DC, August 1, 2006. silence and inaction, has aggressively de- agreement and has agreed to allow a Hon. EDWARD KENNEDY, nounced the genocide in Darfur and called on U.N. peacekeeping mission to enter U.S. Senate, the U.S. Government to do more in response. Russell Senate Office Building, By requiring the Administration to take sev- Darfur. If so, then the Presidential spe- eral important actions, including appointing cial envoy for Sudan will be requested Washington, DC. DEAR SENATOR KENNEDY: I am writing in a Special Envoy for Sudan, the ‘‘Peace in to develop recommendations to ad- support of the Peace in Darfur Act of 2006, Darfur Act of 2006’’ is a significant and vital vance the peace process. If the Suda- which you and Sen. Smith are co-sponsoring. bill that should be supported by all Members nese Government refuses, then the This important piece of legislation keeps the of Congress. To us, ‘‘never again’’ is more President will impose sanctions tar- pressure on the government of Sudan and than just a quote—it is a mandate. geted on the leaders of Sudan, urge the other parties to honor and implement the Sincerely, Darfur Peace Agreement. It recognizes the GIDEON ARONOFF, international community to do the CEO and President. same, and continue to oppose normal- need to support the African Union force (AM ization of its relations with Sudan. IS) while moving toward a UN force in Darfur, and it calls for the continuation of THE AMERICAN JEWISH COMMITTEE, In addition, the bill requires reports necessary humanitarian aid. Washington, DC, August 2, 2006. from the Commerce Department iden- Last week I returned from Darfur, where DEAR SENATOR: tifying companies investing $5 million death, displacement and suffering are con- ‘‘First they came first for the Communists, and I did not speak out because I was not a or more in Sudan and a listing of the tinuing, despite the signing of the Darfur Peace Agreement on May 5th. Based on talks Communist. Then they came for the Social- assets of Sudanese leaders in the ists, and I did not speak out, because I was United States and elsewhere. with internally displaced people, rebel lead- ers, Sudanese government officials, civil so- not a Socialist; Then they came for the trade With so much other violence erupting ciety leaders, diplomats and UN officials, it unionists, and I did not speak out because I in the world, we must not ignore the is clear to me that the U.S. must keep the was not a trade unionist. Then they came for the Jews, and I did not speak out because I crisis in Darfur. Without international pressure on the government of Sudan to dis- arm the Janjaweed militia and work for was not a Jew. Then they came for me, and action, the genocide will go on. The Su- there was no one left to speak out for me.’’ danese Government will balk or move peace. The appointment of a presidential envoy will give the U.S. more leverage and In 1945 Lutheran Pastor Martin slowly on disarming the Janjaweed and focus in its efforts to promote peace in Niemoller’s voice echoed around the globe as bringing an end to the violence. Ex- Darfur. the world grieved over millions of lives lost at the hands of genocide. Sixty years later, perts estimate that since the conflict Please ask your office to contact me if I America grieves as millions of innocent vic- in Darfur began in 2004, up to 300,000 can be of further assistance in supporting tims are being displaced, raped, tortured, people have been killed, and an esti- the Peace in Darfur Act of 2006. and murdered in the Darfur region of Sudan. Sincerely, mated 1.9 million have been displaced. Pressure is mounting for the Sudanese gov- KENNETH H. BACON, Every day that we fail to act, those ernment to end its genocide. Over the past shameful numbers will increase. two years, Congress has allocated more than PRESIDENT. $250 million to expand and strengthen the I urge my colleagues to support this HEBREW IMMIGRANT AID SOCIETY, legislation. role of the African Union Mission in Darfur New York, NY, July 28, 2006. and to provide additional humanitarian dis- Mr. President, I ask unanimous con- Hon. GORDON SMITH, aster relief throughout the region. As the na- sent that the letters to which I referred Senate Russell Office Building, tion’s oldest human relations organization, Washington, DC. be printed in the RECORD. the American Jewish Committee applauds Hon. EDWARD M. KENNEDY, Congress’ action in approving these funds, There being no objection, the mate- Senate Russell Office Building, but we believe that more must be done. rial was ordered to be printed in the Washington, DC. The fragile peace agreement reached in RECORD, as follows: DEAR SENATOR SMITH AND SENATOR KEN- May now seems shattered as fighting con- INTERNATIONAL CRISIS GROUP, NEDY: I am writing on behalf of the Hebrew tinues to rage throughout the region. To halt Washington, DC, August 1, 2006. Immigrant Aid Society (HIAS) to express our the killing and displacement, civilians must Hon. EDWARD KENNEDY, strong support for the ‘‘Peace in Darfur Act be protected, the peace agreement must be Russell Senate Building, of 2006.’’ implemented, and a secure environment Washington DC. For over 125 years, HIAS has helped mil- must be established for the delivery of hu- lions of people fleeing persecution and pov- manitarian aid. As atrocities, crimes against DEAR SENATOR KENNEDY: The International Crisis Group strongly supports the Peace in erty through rescue, resettlement and re- humanity and genocidal acts continue Darfur Act of 2006, which you are co-spon- union. The Jewish tradition’s emphasis on throughout the region, we urge you to take soring with Senator Smith. refugee protection and our community’s ex- further action toward protecting besieged perience with the trauma of genocide and Sudanese civilians by supporting the Peace For the past 2 years, Crisis Group has ad- refugee flight make what’s happening in in Darfur Act. vocated for tough legislation to address the Darfur an issue of primary concern for the The Peace in Darfur Act, introduced by ongoing atrocities in Darfur, Sudan. Last Jewish community. We therefore applaud Senators Gordon Smith and Edward Ken- year, we endorsed the Darfur Accountability this bill for taking concrete steps to allevi- nedy, directs the President to appoint a new Act (HR 1424) and the Darfur Peace and Ac- ate the inconceivable suffering and hardship special envoy to Sudan. The Special Envoy, countability Act (HR 3127). The Peace in that so many innocent Sudanese have en- in collaboration with international partners, Darfur Act complements previous legislation dured in the past three years. would be best positioned to advance the by calling explicitly for the U.S. to do the Specifically, we are pleased that this bill Darfur peace process. The bill also calls on following: name a special envoy and lead authorizes $150 million in additional funding the government of Sudan to allow a UN multilateral efforts; increase pressure on the to help meet the unmet humanitarian needs peacekeeping force to enter Darfur; NATO to government of Sudan to allow the deploy- in Darfur. With an office in eastern Chad and provide humanitarian, logistical, and per- ment of a robust UN peace support mission programs in three refugee camps, HIAS has sonnel support to the UN; NATO to enforce under Chapter VII of the UN Charter; and en- seen first-hand the dire consequences when the no-fly zone over Darfur; and the inter- courage non-signatories to sign the Darfur the basic necessities of life, including food, national community to not only support the Peace Agreement by addressing its inadequa- water, and health services, are not met. In African Union Mission (AMIS) in Sudan, but cies. June 2005, HIAS launched the Initiative for also to provide humanitarian assistance. The Congressional action has been crucial in Sudanese Refugees in Chad, which is in- bill also authorizes an additional $150 mil- providing life-saving humanitarian assist- tended to strengthen the refugees’ psycho- lion in humanitarian aid for Fiscal Years ance to millions of conflict-affected civilians logical and social conditions and to convey 2008–2012. Further, the bill mandates a Presi- in Darfur and in supporting African peace- skills needed to survive and function in the dential report on the situation in Darfur keepers, but the situation remains critical. aftermath of extreme violence. Re-acquisi- that will cast new light on the Sudanese gov- Concerted pressure on the government of tion of these basic skills is crucial to break ernment’s actions and provide a basis to im- Sudan, including U.S. support for the work the chain of dependence and suffering caused pose targeted sanctions if necessary. of the International Criminal Court, is vital by severe psychological trauma. By allo- On behalf of a community that has suffered to hold perpetrators of atrocities account- cating additional funding to provide such persecution and even genocide all too often

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00092 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2006 CONGRESSIONAL RECORD — SENATE S8817 in our history, we urge you to support this tura county, and in the case of any health in- The proposal reduces from 39 to 15 crucial piece of legislation. The time to act suring organization described in such sub- years the depreciable life of improve- is now. History has demonstrated the price paragraph that is operated by a public entity ments that are made to retail stores of standing idly by in the face of such hor- established by Merced county’’ after ‘‘de- rors. scribed in subparagraph (B)’’; and that are owned by the retailer. Under Respectfully, (2) in subparagraph (C), by striking ‘‘14 per- current law, only retailers that lease RICHARD T. FOLTIN, cent’’ and inserting ‘‘16 percent’’. their property are allowed this acceler- Legislative Director and Counsel. (b) EFFECTIVE DATE.—The amendments ated depreciation, which means it ex- made by subsection (a) shall take effect on cludes retailers that also own the prop- the date of the enactment of this Act. PHYSICIANS FOR HUMAN RIGHTS, erty in which they operate. My bill Washington, DC, August 2, 2006. Office of Senator Edward Kennedy. By Mr. AKAKA: simply seeks to provide equal treat- I wanted to let you know through this e- S. 3804. A bill to prohibit commercial ment to all retailers. mail that Physicians for Human Rights sup- air tour operations over Kalaupapa Na- Before I talk about the specifics of ports the Kennedy/Smith Darfur legislation. tional Historical Park, Kaloka- this particular provision, let me first You may use our name in list of organiza- Honokohau National Historical Park, tions supporting the bill. explain why it is so critical that we Pu’uhonua o Honaunau National His- begin evaluating how we can best re- Thank you, torical Park, and Pu’ukohola Heiau form the Tax Code, which increasingly Best regards, National Historic Site; to the Com- SMITA BARUAH, keeps our small businesses trapped in a Senior Manager for Government Affairs. mittee on Commerce, Science, and Transportation. paralyzing state of regulatory limbo. Mr. AKAKA. Mr President, I rise As is well-known small businesses are SAVE DAFUR COALITION, the foundation of our Nation’s econ- Washington, DC, August 2, 2006. today to introduce legislation that will Office of Senator Edward Kennedy. prohibit commercial air tour oper- omy. According to the Small Business Please include the Save Darfur Coalition ations over Kalaupapa National Histor- Administration, small businesses rep- in your list of organizations supporting this ical Park, Kaloko-Honokohau National resent 99 percent of all employers, em- bill. Historical Park, Pu‘uhonua o ploy 51 percent the private-sector Thanks, Honaunau National Historical Park workforce, and contribute 51 percent of ALEX MEIXNER, and Pu‘ukohola Heiau National His- the private-sector output. Communications and Legislative Coordinator. toric Site. Despite the fact that small busi- When Congress first established the AMERICAN JEWISH WORLD SERVICE, nesses are the real job-creators for our Hawaii Volcanoes National Park in Washington, DC, August 1, 2006. Nation’s economy, the current tax sys- Office of Senator Edward Kennedy. 1916, the intent was to preserve the in- tegrity and peace of the park’s nearly tem imposes large and expensive re- American Jewish World Service can en- quirements in terms of satisfying their dorse the legislation. 400 square miles of volcanoes, rivers, Thanks, forests, wildlife and sacred sites. In the reporting and recordkeeping obliga- STEFANIE OSTFELD. last few decades, however, the growth tions. This is a problem Congress must of the air tourism industry has consid- address because small companies are By Mrs. FEINSTEIN: erably interrupted the tranquility of disadvantaged most in terms of the S. 3802. A bill to amend the Consoli- Hawaii’s National Parks. Air tourism money and time spent in satisfying dated Omnibus Budget Reconciliation has had an adverse impact on the abil- their tax obligation. Why create dis- Act of 1985 to expand the county orga- ity of Native Hawaiians to practice tractions for them as they simply seek nized health insuring organizations au- peaceful protocols of sacred sites. The to comply with the law? thorized to enroll Medicaid bene- sound from aircraft activity can sig- For example, according to the Small ficiaries; to the Committee on Finance. nificantly impinge on the solemnity of Business Administration’s Office of Ad- Mrs. FEINSTEIN. Mr. President, this sacred sites and ceremonies. vocacy, small businesses spend an as- bill will allow two California counties, Sacred sites, including the airspace Ventura and Merced, to provide health of the designated locales, are an impor- tounding 8 billion hours each year com- care to Medi-Cal beneficiaries through tant resource for the Hawaiian people plying with government reports. They the model they have determined best and we must do what is necessary to also spend more than 80 percent of this meets their communities’ needs. ensure that the value of these sites is time on completing tax forms. What’s This legislation allows Merced and not diminished. By prohibiting air even more troubling is that companies Ventura to establish community oper- tourism over these areas, the Hawaiian that employ fewer than 20 employees ated health systems, COHS, and raises Sacred Sites Noise Reduction Act af- spend nearly $1,304 per employee in tax the percentage of Medi-Cal bene- fords Natives Hawaiians, residents and compliance costs; an amount that is ficiaries who are enrolled in these pro- visitors to our beautiful state the nearly 67 percent more than larger grams from 16 percent to 18 percent. peace and tranquility to enjoy these firms. I urge my colleagues to support this sacred sites. I urge my colleagues to These statistics are disturbing for legislation, and I ask unanimous con- support this important piece of legisla- several reasons. First, the fact that sent that the text of the bill be printed tion. small businesses are being required to in the RECORD. spend so much money on compliance There being no objection, the text of By Ms. SNOWE (for herself, Mrs. LINCOLN, Mrs. HUTCHISON, and costs means they have fewer earnings the bill was ordered to be printed in to reinvest into their business. This, in the RECORD, as follows: Mr. KERRY): S. 3806. A bill to amend the Internal turn, means that they have less money S. 3802 Revenue Code of 1986 to provide a to spend on new equipment or on work- Be it enacted by the Senate and House of Rep- shorter recovery period for the depre- er training, which unfortunately has resentatives of the United States of America in ciation of certain improvements to re- an adverse effect on their overall pro- Congress assembled, tail space; to the Committee on Fi- duction and the economy as a whole. SECTION 1. EXPANSION OF AUTHORIZED COUNTY MEDICAID ORGANIZED HEALTH IN- nance. Second, the fact that small business SURING ORGANIZATIONS. Ms. SNOWE. Mr. President, I rise owners are required to make such a (a) IN GENERAL.—Section 9517(c)(3) of the today to introduce a bill that will pro- sizeable investment of their time into Consolidated Omnibus Budget Reconciliation vide relief and equity to our Nation’s completing paperwork means they Act of 1985 (42 U.S.C. 1396b note), as added by 1.5 million retail establishments, most have less time to spend on doing what section 4734 of the Omnibus Budget Rec- of which have less than five employees. they do best—running their business onciliation Act of 1990 and as amended by This legislation is one in a series of and creating jobs. section 704 of the Medicare, Medicaid, and proposals that, if enacted, will reduce SCHIP Benefits Improvement and Protection Let me be clear that I am in no way Act of 2000, is amended— both the amount of taxes that small (1) in subparagraph (A), by inserting ‘‘, in businesses pay, but also the adminis- suggesting that small business owners the case of any health insuring organization trative burden that unfairly saddles are unique in having to pay income described in such subparagraph that is oper- them as they attempt to comply with taxes, and I am certainly not expecting ated by a public entity established by Ven- our Nation’s tax laws. them to receive a free pass. What I am

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00093 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8818 CONGRESSIONAL RECORD — SENATE August 3, 2006 asking for, though, is a change to make ‘‘(A) IN GENERAL.—The term ‘qualified re- Mr. ENZI. Mr. President, I rise today the Tax Code fairer and simpler so that tail improvement property’ means any im- to introduce a very important bill, one small companies can satisfy this obli- provement to an interior portion of a build- that my colleague Senator KENNEDY gation without having to expend the ing which is nonresidential real property if— and I have been working on for some ‘‘(i) such portion is open to the general amount of resources that they do cur- public and is used in the trade or business of time. rently. selling tangible personal property or services In 2005, the HELP Committee held For that reason, the package of pro- to the general public; and two hearings on the issue of drug safe- posals that I have introduced will pro- ‘‘(ii) such improvement is placed in service ty. We received over 50 recommenda- vide not only targeted, affordable tax more than 3 years after the date the building tions from witnesses at those hearings. relief to small business owners but also was first placed in service. At that time, Senator KENNEDY and I simpler rules under the Tax Code. By ‘‘(B) CERTAIN IMPROVEMENTS NOT IN- pledged to develop a comprehensive re- simplifying the Tax Code, small busi- CLUDED.—Such term shall not include any improvement for which the expenditure is sponse to the drug safety issues raised. ness owners will be able to satisfy their attributable to— The Enhancing Drug Safety and Inno- tax obligation in a cheaper, more effi- ‘‘(i) the enlargement of the building, vation Act is the product of working cient manner, allowing them to be able ‘‘(ii) any elevator or escalator, or across party lines, and creates a struc- to devote more time and resources to ‘‘(iii) the internal structural framework of tured framework for resolving safety their business. the building.’’. Specifically, the proposal that I am (c) REQUIREMENT TO USE STRAIGHT LINE concerns. introducing today will simply conform METHOD.—Paragraph (3) of section 168(b) of Under the Enhancing Drug Safety such Code is amended by adding at the end the tax codes to the realities that re- the following new subparagraph: and Innovation Act, FDA would begin tailers on Main Street face. Studies ‘‘(I) Qualified retail improvement property to approve drugs and biologics, and conducted by the Treasury Depart- described in subsection (e)(8).’’. new indications for these products, ment, Congressional Research Service (d) ALTERNATIVE SYSTEM.—The table con- with risk evaluation and mitigation and private economists have all found tained in section 168(g)(3)(B) of such Code is strategies, REMS. The REMS is de- that the 39-year depreciation life for amended by inserting after the item relating signed to be an integrated, flexible to subparagraph (E)(viii) the following new buildings is too long and that the 39- item: mechanism to acquire and adapt to year depreciation life for building im- ‘‘(E)(ix) ...... 39’’. new safety information about a drug. provements is even worse. Retailers The sponsor and FDA will assess and (e) EFFECTIVE DATE.—The amendments generally remodel their stores every 5 made by this section shall apply to qualified review an approved REMS at least an- to 7 years to reflect changes in cus- retail improvement property placed in serv- nually for the first 3 years, as well as tomer base and compete with newer ice after the date of the enactment of this in applications for a new indication, stores. Moreover, many improvements Act. when the sponsor suggests changes, or such as interior partitions, ceiling Mr. KERRY. Mr. President, along when FDA requests a review based on tiles, restroom accessories, and paint, Main Street, in a countless number of new safety information. towns, many small businesses are may only last a few years before re- The development of tools to evaluate quiring replacement. placed at a competitive disadvantage medical products has not kept pace Mr. President, this legislation is a by our tax laws. Business owners need with discoveries in basic science. New tremendous opportunity to help small to remodel their store every 5 to 7 tools are needed to better predict safe- enterprises succeed by providing an in- years. Consumers’ tastes and needs ty and efficacy, which in turn would in- centive for reinvestment. Every Mem- change, and to stay competitive, a crease the speed and efficiency of ap- ber of this body has small retail con- store needs to reflect those changes. If plied biomedical research. The Enhanc- stituents in small towns who may be in a store is owned, the owner is required ing Drug Safety and Innovation Act buildings that they have owned for to depreciate the renovation costs over would spur innovation by establishing generations and are struggling to com- 39 years, but a store that has leased pete. I urge my colleagues to join me in space in the strip-mall across town, de- a new public-private partnership at the supporting this vital legislation as we preciates renovation costs over a 15- FDA to advance the Critical Path Ini- work with the President to transform year period. The result: a Main Street tiative and improve the sciences of de- store owner pays twice as much to ren- such a critical investment incentive veloping, manufacturing, and evalu- ovate as their counterpart who leases. into law. Finally, I would like to thank ating the safety and effectiveness of Today, I am introducing legislation drugs, devices, biologics and Senators LINCOLN, HUTCHISON, and along with Senator SNOWE that will diagnostics. KERRY for joining me as cosponsors to even the playing field for businesses this legislation. that own the real estate where their The Enhancing Drug Safety and In- I ask unanimous consent that the business is located. We want parity be- novation Act also establishes a central text of the bill be printed in the tween the business owners who own clearinghouse for information about RECORD. and those who lease their property. clinical trials and their results to help There being no objection, the text of The Treasury Department, the Con- patients, providers and researchers the bill was ordered to be printed in gressional Research Service, and pri- learn new information and make more the RECORD, as follows: vate economists have found that the informed health care decisions. S. 3806 depreciation life for renovations is far Finally, the Enhancing Drug Safety Be it enacted by the Senate and House of Rep- too long. These tax rules generate high and Innovation Act would make im- resentatives of the United States of America in tax costs, laying the burden on small provements to FDA’s process for Congress assembled, town, rural retailers who are more screening advisory committee mem- SECTION 1. RECOVERY PERIOD FOR DEPRECIA- likely to own their property than re- TION OF CERTAIN IMPROVEMENTS bers for financial conflicts of interest. TO RETAIL SPACE. tailers in urban areas. It is time to ad- FDA relies on its 30 advisory commit- (a) 15-YEAR RECOVERY PERIOD.—Subpara- dress this inequity by reducing the 39- tees to provide independent expert ad- graph (E) of section 168(e)(3) of the Internal year tax depreciation period to 15 vice, lend credibility to the product re- Revenue Code of 1986 (relating to 15-year years. I urge my colleagues to support view process, and inform consumers of property) is amended by striking ‘‘and’’ at our Main Street stores through support trends in product development. The bill the end of clause (vii), by striking the period of this legislation. would clarify and streamline FDA’s at the end of clause (viii) and inserting ‘‘, processes for evaluating candidates for and’’, and by adding at the end the following By Mr. ENZI (for himself and Mr. service on an advisory committee, and new clause: KENNEDY): ‘‘(ix) any qualified retail improvement S. 3807. A bill to amend the Public address the key challenge of identi- property.’’. Health Service Act and the Federal fying a sufficient number of people (b) QUALIFIED RETAIL IMPROVEMENT PROP- Food, Drug, and Cosmetic Act to im- with the necessary expertise and a ERTY.—Subsection (e) of section 168 of such prove drug safety and oversight, and minimum of potential conflicts of in- Code is amended by adding at the end the terest to serve on advisory committees. following new paragraph: for other purposes; to the Committee ‘‘(8) QUALIFIED RETAIL IMPROVEMENT PROP- on Health, Education, Labor, and Pen- I want to thank the dozens of stake- ERTY.— sions. holders, including the Food and Drug

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00094 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2006 CONGRESSIONAL RECORD — SENATE S8819 Administration, patient and consumer the REMS, or modifications to it, and quirements would preempt State re- groups, industry associations, indi- the FDA and the company will try to quirements for clinical trial databases. vidual companies, and scientific ex- work out an adequate REMS. If the Finally, the bill will improve FDA’s perts who have taken the time and ef- agency and the company cannot agree, process for screening advisory com- fort to give us their comments and the agency’s Drug Safety Oversight mittee members for financial conflicts input on the bill. Their assistance has Board can review the dispute and rec- of interest. The agency relies on its ad- been invaluable. ommend a resolution to senior FDA of- visory committees to provide inde- I look forward to working with my ficials, who will make the final deci- pendent, expert, nonbinding rec- colleagues to advance this important sion. ommendations on significant issues. piece of legislation. Civil monetary penalties are added to Ideally, committee members should be Mr. KENNEDY. Mr. President, Sen- FDA’s traditional enforcement tools to free of any financial ties to the compa- ator ENZI, chairman of the Senate ensure compliance. Drug user fees will nies affected by an issue before a com- Health, Education, Labor, and Pen- be used to review and implement the mittee. But at times, there may be no sions Committee, and I are introducing program. the Enhancing Drug Safety and Inno- The bill formalizes and makes man- individual without financial ties to vation Act of 2006. The goals of this datory what is now only informal and such companies—for example, when the legislation are to enhance the Food and voluntary. Our intent is not to change issue involves a rare disease or a cut- Drug Administration’s authority over standards for approving drugs but to ting edge medical technology. In these the safety of prescription drugs after ensure that the FDA has the ability to cases, the FDA must be able to grant a they are approved; to encourage inno- identify, assess, and manage risks as waiver to allow an individual with es- vation in medical products; to improve they become known. Better risk man- sential expertise to serve on the com- access to clinical trials for patients agement will mean that drugs with mittee. The bill will require the agency and ensure that the doctors and pa- special benefits for some patients will to seek qualified experts with minimal tients learn about the results of clin- remain available, despite their serious conflicts, clarify how it makes waiver ical trials involving the drugs they pre- risks for other patients, because FDA decisions, and disclose those decisions scribe and use; and to improve the can better identify the risks and mini- at least 15 days before a committee screening of members of FDA’s sci- mize them. meeting. entific advisory committees to avoid The bill helps to improve drug safety Our bill is a comprehensive response conflicts of interest. in other ways as well. The Reagan- to drug safety and other important The withdrawal of the drug Vioxx Udall Institute for Applied Biomedical issues involving prescription drugs and from the market nearly 2 years ago Research will be a new public-private other medical technologies. I commend showed us once again that all prescrip- partnership at the FDA to advance the Chairman ENZI and his dedicated tion drugs have risks, many of which agency’s Critical Path Initiative, staff—especially Amy Muhlberg—for we may not know about when a drug is which is intended to improve the working closely with us on this pro- approved or even for years after ap- science of developing, manufacturing, posal, and I urge our Senate colleagues proval. That is why we need a more ef- and evaluating the safety and effec- to support it. fective system to identify and assess tiveness of drugs, biologics, medical de- the serious risks of drugs, inform vices, and diagnostics. By Mrs. FEINSTEIN: health care providers and patients The institute will be supported by about such risks, and manage or mini- Federal funds and by contributions S. 3809. A bill for the relief of Jac- mize these risks as soon as they are de- from the pharmaceutical and device in- queline W. Coats; to the Committee on tected. dustries. Philanthropic organizations the Judiciary. Our bill will require every drug to will be able to supplement Federal sup- Mrs. FEINSTEIN. Mr. President, I have a risk evaluation and mitigation port. The institute will have a board of offer today private relief legislation to strategy, or REMS, when it is ap- directors and an executive director, provide lawful permanent residence proved. For many drugs, the REMS and will report to Congress annually on status to Jacqueline Coats, a 26–year- will include only the drug labeling, re- its operations. old widow currently living in San ports of adverse events, a justification The bill will also expand the public Francisco. for why only such reporting is needed, database at NIH to encourage more pa- and a timetable for assessing how the tients to enroll in clinical trials of Mrs. Coats came to the U.S. in 2001 REMS is working. drugs. This database would build on from Kenya on a student visa to study The FDA will be able to include addi- the current systems and would include mass communications at San Jose tional requirements for a drug that late phase II, phase III, and all phase State University. Her visa status poses serious risks, such as by requir- IV clinical trials for all drugs. lapsed in 2003, and the Department of ing the drug to be dispensed to patients A second, publicly available database Homeland Security began deportation with labeling that patients can under- would include the results of phase III proceedings against her. stand, that the drug company have a and phase IV clinical trials of drugs, Mrs. Coats married Marlin Coats on plan to inform health care providers with the possibility that late phase II April 17, 2006, after dating for several about how to use the drug safely, or trials would be added later. Posting of years. The couple was happily married that a drug should not be advertised di- results could be delayed for up to 2 and planning to start a family when, rectly to consumers for up to 2 years years, pending the approval of the drug on May 13, Mr. Coats tragically died in after approval. If a serious safety sig- or the publication of trial results in a a heroic attempt to save two young nal needs to be understood, FDA can peer-reviewed journal. The public needs boys from drowning. require further studies or even clinical to know about the results of clinical The couple had been on a Mother’s trials after the drug is approved. En- trials on drugs. Tragically, such infor- Day outing at Ocean Beach with some hanced data-collection and data-min- mation was not adequately available of Mr. Coats’s nephews when they ing techniques will help identify risk for the clinical studies of heard cries for help. Having worked as signals earlier and more thoroughly. antidepressants in children. For a drug with the most serious side Posting information in the clinical a lifeguard in the past, Mr. Coats in- effects, FDA will be able to require trials registry and the clinical trials stinctively dove into the water. The that its REMS include the restrictions results database will be requirements two children were saved with the help on distribution and use needed to as- for Federal research funding and for of a rescue crew, but Mr. Coats, caught sure its safe use. drug review and approval by the FDA. in a riptide, died. Mrs. Coats received a The FDA will be able to impose any Both the FDA and the Inspector Gen- medal honoring her husband. of these requirements at the time a eral Office of the Department of Health Four days before Mr. Coats’s death, drug is approved, and the agency can and Human Services would review the the couple prepared and signed an ap- also modify the labeling or otherwise content of submissions to the results plication for a green card at their at- alter a drug’s REMS after the approval. database to ensure they are truthful torney’s office. Unfortunately the peti- The drug’s manufacturer will propose and nonpromotional. These Federal re- tion was not filed until after his death,

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00095 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8820 CONGRESSIONAL RECORD — SENATE August 3, 2006 rendering it invalid. Mrs. Coats cur- S. 3809 lion between 1996 and 2000 by engaging rently has a hearing before an immi- Be it enacted by the Senate and House of Rep- in tobacco trafficking in the United gration judge in San Francisco on Au- resentatives of the United States of America in States. Al-Qaida and Hamas have also gust 24, but her attorney has informed Congress assembled, generated significant revenue from the my staff that she has no relief avail- SECTION 1. PERMANENT RESIDENT STATUS FOR JACQUELINE W. COATS. sale of counterfeit cigarettes. That able to her and will be ordered de- money is often raised right here in the ported. (a) IN GENERAL.—Notwithstanding sub- Mrs. Coats, devastated by the loss of sections (a) and (b) of section 201 of the Im- United States, and it is then funneled migration and Nationality Act (8 U.S.C. her husband, is now caught in a battle back to these international terrorist 1151), Jacqueline W. Coats shall be eligible groups. Cutting off financial support to for her right to stay in America. At a for issuance of an immigrant visa or for ad- recent news conference with her law- justment of status to that of an alien law- terrorist groups is an integral part of yer, Thip Ark, she explained of her sit- fully admitted for permanent residence upon the protecting this country against fu- uation, ‘‘I feel like I have nothing to filing an application for issuance of an immi- ture attacks. We can no longer con- live for. I have nothing to go home to. grant visa under section 204 of that Act or tinue to let terrorist organizations ex- . . . I’ve been here 4 years. . . . It for adjustment of status to lawful permanent ploit weaknesses in our tobacco laws to would be like starting a new life.’’ resident. generate significant amounts of (b) ADJUSTMENT OF STATUS.—If Jacqueline Ms. Ark explains that Mrs. Coats is money. The cost of doing nothing is extremely close with her late hus- W. Coats enters the United States before the filing deadline specified in subsection (c), too great. band’s family, with whom she lives in Jacqueline W. Coats shall be considered to This is not a minor problem. Ciga- San Leandro, CA. Mrs. Coats has said have entered and remained lawfully and that her husband’s large family has be- shall be eligible for adjustment of status rette smuggling is a multibillion dollar come her own. Ramona Burton of San under section 245 of the Immigration and Na- a year phenomenon, and it is getting Francisco, one of Marlin Coats’s seven tionality Act (8 U.S.C. 1255) as of the date of worse. In 1998, the Bureau of Alcohol, brothers and sisters explains, ‘‘She enactment of this Act. Tobacco, Firearms and Explosives, spent her first American Christmas (c) DEADLINE FOR APPLICATION AND PAY- BATFE, had six active tobacco smug- with us, her first American Thanks- MENT OF FEES.—Subsections (a) and (b) shall gling investigations. In 2005, the that apply only if the application for issuance of giving. . . . I can’t imagine looking number swelled to 452. around and not seeing her there. She an immigrant visa or the application for ad- justment of status is filed with appropriate needs to be there.’’ The number of cases alone, however, fees within 2 years after the date of enact- does not sufficiently put this problem The San Francisco and bay area com- ment of this Act. into perspective. The amount of money munity is rallying strong support for (d) REDUCTION OF IMMIGRANT VISA NUM- Mrs. Coats. The San Francisco chap- BERS.—Upon the granting of an immigrant involved is truly astonishing. Cigarette ters of the NAACP, the San Francisco visa or permanent residence to Jacqueline trafficking, including the illegal sale of Board of Supervisors, and the San W. Coats, the Secretary of State shall in- tobacco products over the Internet, Francisco Police Department, have all struct the proper officer to reduce by 1, dur- costs States billions of dollars in lost passed resolutions in support of Mrs. ing the current or next following fiscal year, tax revenue each year. It is estimated Coats’s right to remain in the country. the total number of immigrant visas that are made available to natives of the country of that Federal tax losses to Internet cig- Unfortunately, if this private relief arette sales will reach $1.4 billion this bill is not approved, this young woman, birth of Jacqueline W. Coats under section 203(a) of the Immigration and Nationality year. As lost tobacco tax revenue lines and the Coats family, will face yet an- Act or, if applicable, the total number of im- the pockets of criminals and terrorist other disorienting and heartbreaking migrant visas that are made available to na- tragedy. Mrs. Coats will be deported to groups, states are being forced to raise tives of the country of birth of Jacqueline W. college tuition and restrict access to Kenya, a country she has not lived in Coats under section 202(e) of that Act. since she was 21. In her time of griev- other public programs. Tobacco smug- ing, she will be forced to leave her By Mr. KOHL (for himself and gling may provide some with cheap ac- home, her job with AC Transit, her new Mr. SCHUMER): cess to cigarettes, but those cheap family, and everything she has known S. 3810. A bill to prevent tobacco cigarettes are coming at a significant for the past 5 years. smuggling, to ensure the collection of cost to the rest of us. I cannot think of a compelling reason all tobacco taxes, and for other pur- According to the Government Ac- why the United States should not allow poses; to the Committee on the Judici- countability Office, GAO, each year, this young widow to continue the green ary. cigarette trafficking investigations are card process. Had her husband lived, Mr. KOHL. Mr. President, I rise growing more and more complex, and Mrs. Coats would have filed the papers today with Senator SCHUMER to intro- without difficulty. It was because of duce the Prevent All Cigarette Traf- take longer to resolve. More people are her husband’s selfless and heroic act ficking, PACT, Act of 2006. As the prob- selling cigarettes illegally, and they that Mrs. Coats must now struggle to lem of cigarette trafficking continues are getting better at it. As these cases remain in the country. As one con- to worsen, we must provide law en- get tougher to solve, we owe it to law cerned California constituent wrote to forcement officials with the tools they enforcement officials to do our part to me, ‘‘If ever there was a case where need to crack down on cigarette traf- lend a helping hand. The PACT Act en- common fairness, morality and de- ficking. The PACT Act closes loopholes hances BATFE’s authority to enter cency should reign over legal tech- in current tobacco trafficking laws, en- premises to investigate and enforce nicalities, this is it. We, as a country, hances penalties for violations, and cigarette trafficking laws, and increas- need to reward heroism and good.’’ provides law enforcement with new ing penalties for violations. Unless I believe that we can reward the late tools to combat the innovative new these existing laws are strengthened, Mr. Coats for his noble actions by methods being used by cigarette traf- granting his wife citizenship. It is what traffickers will continue to operate fickers to distribute their products. he intended for her. It can even be ar- with near impunity. Each day we delay passage of this im- gued that a green card for his wife was Just as important, though, we must portant legislation, terrorists and one of his dying wishes, as the papers provide law enforcement with new en- criminals raise more money, states were signed just 4 days prior to his forcement tools tools that enable them lose significant amounts of tax rev- death. to combat the cigarette smugglers of For these reasons, I offer this private enue, and kids have easy access to to- bacco products over the Internet. the 21st century. The Internet rep- relief immigration bill and ask my col- resents one of those new obstacles to leagues to support it on behalf of Mrs. The cost to Americans is not merely enforcement. Illegal tobacco vendors Coats. financial. Tobacco smuggling also I also ask for unanimous consent poses a significant threat to innocent around the world evade detection by that the text of the bill be printed in people around the world. It has devel- conducting transactions over the Inter- the RECORD. oped into a popular, and highly profit- net, and then employing the services of There being no objection, the text of able, means of generating revenue for common carriers and the U.S. Postal the bill was ordered to be printed in criminal and terrorist organizations. Service to deliver their illegal products the RECORD, as follows: Hezbollah, for example, earned $1.5 mil- around the country. Just a few years

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00096 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2006 CONGRESSIONAL RECORD — SENATE S8821 ago, there were less than 100 vendors now contains a strong age verification (7) with rising State and local tobacco tax selling cigarettes online. Today, ap- section that will ensure that online rates, the incentives for the illegal sale of proximately 500 vendors sell illegal to- vendors are not selling cigarettes to cigarettes and smokeless tobacco have in- bacco products over the Internet. our children. This provision would pro- creased; Without new and innovative enforce- hibit the sale of tobacco products to (8) the number of active tobacco investiga- ment methods, law enforcement will children, and it would also require sell- tions being conducted by the Bureau of Alco- hol, Tobacco, Firearms and Explosives rose not be able to effectively address the ers to use a method of shipment that to 452 in 2005; requires a signature and photo ID growing challenges facing them today. (9) the number of Internet vendors in the The PACT Act sets out to do just that check upon delivery. Most States al- United States and in foreign countries that by cutting off the delivery. A signifi- ready have similar laws on the books, sell cigarettes and smokeless tobacco to buy- cant part of this problem involves the and this would simply make sure that ers in the United States has increased from shipment of contraband cigarettes we have a national standard to ensure only about 40 in 2000 to more than 500 in 2005; through the United States Postal Serv- that the Internet is not being used to and ice, USPS. This bill would cut off ac- evade similar ID checks we require at (10) the intrastate sale of illegal cigarettes cess to the USPS by making tobacco our grocery and convenience stores. and smokeless tobacco over the Internet has products non-mailable. We would treat The recognition that this is a signifi- a substantial effect on interstate commerce. cigarettes just like we treat alcohol, cant problem, along with the common- (c) PURPOSES.—It is the purpose of this Act making it illegal to ship them through sense approach taken in the PACT Act to— the US mails and cutting off a large to combat it, has brought together a (1) require Internet and other remote sell- portion of the delivery system. coalition of strange bedfellows. The ers of cigarettes and smokeless tobacco to It also employs a novel approach, one legislation has not just garnered the comply with the same laws that apply to being used in some of our States today, support of the law enforcement com- law-abiding tobacco retailers; to combat illegal sales of tobacco over munity, including the National Asso- (2) create strong disincentives to illegal the Internet. Specifically, it will allow ciation of Attorneys General, and pub- smuggling of tobacco products; lic health advocates, such as the Cam- (3) provide government enforcement offi- the Attorney General, in collaboration paign for Tobacco Free Kids. It also cials with more effective enforcement tools with State and local law enforcement, has the strong support of tobacco com- to combat tobacco smuggling; to create a list of companies that are panies like Altria. These groups, who (4) make it more difficult for cigarette and illegally selling tobacco products. That sometimes find themselves on opposite smokeless tobacco traffickers to engage in list will then be distributed to legiti- sides of these issues, all agree that this and profit from their illegal activities; mate businesses whose services are in- (5) increase collections of Federal, State, is an issue begging to be addressed. dispensable to illegal internet ven- and local excise taxes on cigarettes and They all recognize the urgent need to dors—common carriers. Once a com- smokeless tobacco; and provide our law enforcement officials (6) prevent and reduce youth access to in- mon carrier knows which customers with the tools they need to combat a are breaking the law, this bill will en- expensive cigarettes and smokeless tobacco very serious threat to our security and through illegal Internet or contraband sales. sure that they take appropriate action protect public health. to prevent their companies from being I urge my colleagues to support this SEC. 2. COLLECTION OF STATE CIGARETTE AND exploited by terrorists and other crimi- important legislation, and I ask unani- SMOKELESS TOBACCO TAXES. nals. mous consent that the text of the bill (a) DEFINITIONS.—The Act of October 19, It is important to point out that this be printed in the RECORD. 1949 (15 U.S.C. 375 et seq.; commonly referred bill has been carefully negotiated with There being no objection, the text of to as the ‘‘Jenkins Act’’) (referred to in this the common carriers, including UPS, the bill was ordered to be printed in Act as the ‘‘Jenkins Act’’), is amended by to ensure that it does not place any un- the RECORD, as follows: striking the first section and inserting the reasonable burdens on these businesses. S. 3810 following: Many changes were made to the bill Be it enacted by the Senate and House of Rep- ‘‘SECTION 1. DEFINITIONS. that was introduced in the last Con- resentatives of the United States of America in gress to ensure that the legislation was Congress assembled, ‘‘As used in this Act, the following defini- written to conform to the techno- SECTION 1. SHORT TITLE; FINDINGS; PURPOSE. tions apply: logical capabilities of these companies. (a) SHORT TITLE.—This Act may be cited as ‘‘(1) ATTORNEY GENERAL.—The term ‘attor- In light of these changes, there is no the ‘‘Prevent All Cigarette Trafficking Act ney general’, with respect to a State, means question that private carriers will be of 2006’’ or ‘‘PACT Act’’. the attorney general or other chief law en- (b) FINDINGS.—Congress finds that— forcement officer of the State, or the des- able to fully comply with this bill (1) the sale of illegal cigarettes and smoke- ignee of that officer. without interrupting their existing de- less tobacco products significantly reduces ‘‘(2) CIGARETTE.— livery practices and procedures. Federal, State, and local government reve- ‘‘(A) IN GENERAL.—For purposes of this In addition, the legislation makes nues, with Internet sales alone accounting Act, the term ‘cigarette’— clear that we are not asking for perfec- for billions of dollars of lost Federal, State, ‘‘(i) shall have the same meaning given tion. For example, carriers will not be and local tobacco tax revenue each year; that term in section 2341 of title 18, United held liable for the actions of their em- (2) Hezbollah, Hamas, al Qaeda, and other States Code; and ployees if they have effective policies terrorist organizations have profited from ‘‘(ii) shall include ‘roll-your-own tobacco’ trafficking in illegal cigarettes or counter- and procedures in place to ensure com- (as that term is defined in section 5702 of feit cigarette tax stamps; title 26, United States Code). pliance. The key word here is ‘‘effec- (3) terrorist involvement in illicit ciga- ‘‘(B) EXCEPTION.—For purposes of this Act, tive.’’ These policies must be much rette trafficking will continue to grow be- the term ‘cigarette’ does not include a more than mere words. We are not ask- cause of the large profits such organizations ‘cigar,’ as that term is defined in section 5702 ing common carriers to ensure that can earn; of title 26, United States Code. every single pack of cigarettes is (4) the sale of illegal cigarettes and smoke- less tobacco over the Internet, and through ‘‘(3) COMMON CARRIER.—The term ‘common stopped before it moves through their carrier’ means any person (other than a local delivery system, but we do expect a mail, fax, or phone orders, make it cheaper and easier for children to obtain tobacco messenger service or the United States Post- vigorous effort to ensure that they and products; al Service) that holds itself out to the gen- their employees do the very best they (5) the majority of Internet and other re- eral public as a provider for hire of the trans- can to stop doing business with people mote sales of cigarettes and smokeless to- portation by water, land, or air of merchan- they know to be using their services to bacco are being made without adequate pre- dise, whether or not the person actually op- violate State and Federal laws. That is cautions to protect against sales to children, erates the vessel, vehicle, or aircraft by not too much to ask. without the payment of applicable taxes, and which the transportation is provided, be- In addition to these important law without complying with the nominal reg- tween a port or place and a port or place in enforcement needs, it is important to istration and reporting requirements in ex- the United States. ‘‘(4) CONSUMER.—The term ‘consumer’ mention another aspect of this legisla- isting Federal law; (6) unfair competition from illegal sales of means any person that purchases cigarettes tion that is equally important. One of cigarettes and smokeless tobacco is taking or smokeless tobacco, but does not include the primary ways children get access billions of dollars of sales away from law- any person lawfully operating as a manufac- to cigarettes today is on the internet abiding retailers throughout the United turer, distributor, wholesaler, or retailer of and through the mails. The PACT Act States; cigarettes or smokeless tobacco.

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‘‘(5) DELIVERY SALE.—The term ‘delivery (iv) by striking ‘‘to other than a dis- same surface as the delivery address, a clear sale’ means any sale of cigarettes or smoke- tributor licensed by or located in such and conspicuous statement providing as fol- less tobacco to a consumer if— State,’’; and lows: ‘CIGARETTES/SMOKELESS TO- ‘‘(A) the consumer submits the order for (v) by striking ‘‘or transfer and shipment’’ BACCO: FEDERAL LAW REQUIRES THE such sale by means of a telephone or other and inserting ‘‘, transfer, or shipment’’; PAYMENT OF ALL APPLICABLE EXCISE method of voice transmission, the mails, or (B) in paragraph (1)— TAXES, AND COMPLIANCE WITH APPLI- the Internet or other online service, or the (i) by striking ‘‘with the tobacco tax ad- CABLE LICENSING AND TAX-STAMPING seller is otherwise not in the physical pres- ministrator of the State’’ and inserting OBLIGATIONS’. ence of the buyer when the request for pur- ‘‘with the Attorney General of the United ‘‘(2) FAILURE TO LABEL.—Any shipping chase or order is made; or States and with the tobacco tax administra- package described in paragraph (1) that is ‘‘(B) the cigarettes or smokeless tobacco tors of the State and place’’; and not labeled in accordance with that para- are delivered by use of a common carrier, (ii) by striking ‘‘; and’’ and inserting the graph shall be treated as nondeliverable following: ‘‘, as well as telephone numbers private delivery service, or the mails, or the matter by a common carrier, other delivery for each place of business, a principal elec- seller is not in the physical presence of the service, or the United States Postal Service tronic mail address, any website addresses, buyer when the buyer obtains possession of if the common carrier, other delivery serv- and the name, address, and telephone num- the cigarettes or smokeless tobacco. ice, or the United States Postal Service, as ‘‘(6) DELIVERY SELLER.—The term ‘delivery ber of an agent in the State authorized to ac- cept service on behalf of such person;’’; the case may be, knows or should know the seller’ means a person who makes a delivery package contains cigarettes or smokeless to- sale. (C) in paragraph (2), by striking ‘‘and the bacco. Nothing in this paragraph shall re- ‘‘(7) INDIAN COUNTRY.—The term ‘Indian quantity thereof.’’ and inserting ‘‘the quan- quire the common carrier, other delivery country’ has the meaning given that term in tity thereof, and the name, address, and service, or the United States Postal Service section 1151 of title 18, United States Code, phone number of the person delivering the to open any package to determine its con- except that within the State of Alaska that shipment to the recipient on behalf of the de- tents. term applies only to the Metlakatla Indian livery seller, with all invoice or memoranda Community, Annette Island Reserve. information relating to specific customers to ‘‘(3) WEIGHT RESTRICTION.—A delivery seller shall not sell, offer for sale, deliver, or cause ‘‘(8) INDIAN TRIBE.—The term ‘Indian tribe’, be organized by city or town and by zip code; ‘tribe’, or ‘tribal’ refers to an Indian tribes and’’; and to be delivered in any single sale or single as defined in section 4(e) of the Indian Self- (D) by adding at the end the following: delivery any cigarettes or smokeless tobacco Determination and Education Assistance Act ‘‘(3) with respect to each memorandum or weighing more than 10 pounds. (25 U.S.C. 450b(e)) or as listed pursuant to invoice filed with a State under paragraph ‘‘(4) AGE VERIFICATION.—Notwithstanding section 104 of the Federally Recognized In- (2), also file copies of such memorandum or any other provision of law, a delivery seller dian Tribe List Act of 1994 (25 U.S.C. 479a–1). invoice with the tobacco tax administrators who mails or ships cigarettes or smokeless and chief law enforcement officers of the ‘‘(9) INTERSTATE COMMERCE.—The term tobacco in connection with a delivery sale— ‘interstate commerce’ means commerce be- local governments and Indian tribes oper- ‘‘(A) shall not sell, deliver, or cause to be tween a State and any place outside the ating within the borders of the State that delivered any tobacco products to a person State, commerce between a State and any apply their own local or tribal taxes on ciga- under the minimum age required for the rettes or smokeless tobacco.’’; Indian country in the State, or commerce be- legal sale or purchase of tobacco products, as (3) in subsection (b)— tween points in the same State but through determined by either State or local law at (A) by inserting ‘‘PRESUMPTIVE EVI- any place outside the State or through any the place of delivery; and DENCE.—’’ after ‘‘(b)’’; Indian country. ‘‘(B) shall use a method of mailing or ship- (B) by striking ‘‘(1) that’’ and inserting ‘‘(10) PERSON.—The term ‘person’ means an ping that requires— ‘‘that’’; and individual, corporation, company, associa- ‘‘(i) the purchaser placing the delivery sale (C) by striking ‘‘, and (2)’’ and all that fol- tion, firm, partnership, society, State gov- order, or an adult who is at least the min- lows and inserting a period; and ernment, local government, Indian tribal (4) by adding at the end the following: imum age required for the legal sale or pur- government, governmental organization of ‘‘(c) USE OF INFORMATION.—A tobacco tax chase of tobacco products, as determined by such government, or joint stock company. administrator or chief law enforcement offi- either State or local law at the place of de- ‘‘(11) STATE.—The term ‘State’ means each cer who receives a memorandum or invoice livery, to sign to accept delivery of the ship- of the several States of the United States, under paragraph (2) or (3) of subsection (a) ping container at the delivery address; and the District of Columbia, the Commonwealth shall use such memorandum or invoice solely ‘‘(ii) the person who signs to accept deliv- of Puerto Rico, or any territory or posses- for the purposes of the enforcement of this ery of the shipping container to provide sion of the United States. Act and the collection of any taxes owed on proof, in the form of a valid, government- ‘‘(12) SMOKELESS TOBACCO.—The term related sales of cigarettes and smokeless to- issued identification bearing a photograph of ‘smokeless tobacco’ means any finely cut, bacco, and shall keep confidential any per- the individual, that the person is at least the ground, powdered, or leaf tobacco, or other sonal information in such memorandum or minimum age required for the legal sale or product containing tobacco, that is intended invoice not otherwise required for such pur- purchase of tobacco products, as determined to be placed in the oral or nasal cavity or poses.’’. by either State or local law at the place of otherwise consumed without being com- (c) REQUIREMENTS FOR DELIVERY SALES.— delivery. busted. The Jenkins Act is amended by inserting ‘‘(13) TOBACCO TAX ADMINISTRATOR.—The after section 2 the following: ‘‘(c) RECORDS.— term ‘tobacco tax administrator’ means the ‘‘SEC. 2A. DELIVERY SALES. ‘‘(1) IN GENERAL.—Each delivery seller State, local, or tribal official duly author- ‘‘(a) IN GENERAL.—With respect to delivery shall keep a record of any delivery sale, in- ized to collect the tobacco tax or administer sales into a specific State and place, each de- cluding all of the information described in the tax law of a State, locality, or tribe, re- livery seller shall comply with— section 2(a)(2), organized by the State, and spectively. ‘‘(1) the shipping requirements set forth in within such State, by the city or town and ‘‘(14) TRANSFERS FOR PROFIT.—The term subsection (b); by zip code, into which such delivery sale is ‘transfers for profit’ means any transfer for ‘‘(2) the recordkeeping requirements set so made. profit or other disposition for profit, includ- forth in subsection (c); ‘‘(2) RECORD RETENTION.—Records of a de- ing any transfer or disposition by an agent ‘‘(3) all State, local, tribal, and other laws livery sale shall be kept as described in para- to his principal in connection with which the generally applicable to sales of cigarettes or graph (1) in the year in which the delivery agent receives anything of value. smokeless tobacco as if such delivery sales sale is made and for the next 4 years. ‘‘(15) USE.—The term ‘use’, in addition to occurred entirely within the specific State ‘‘(3) ACCESS FOR OFFICIALS.—Records kept its ordinary meaning, means the consump- and place, including laws imposing— under paragraph (1) shall be made available tion, storage, handling, or disposal of ciga- ‘‘(A) excise taxes; to tobacco tax administrators of the States, rettes or smokeless tobacco.’’. ‘‘(B) licensing and tax-stamping require- to local governments and Indian tribes that ments; apply their own local or tribal taxes on ciga- (b) REPORTS TO STATE TOBACCO TAX ADMIN- ‘‘(C) restrictions on sales to minors; and rettes or smokeless tobacco, to the attorneys ISTRATORS.—Section 2 of the Jenkins Act (15 ‘‘(D) other payment obligations or legal re- general of the States, to the chief law en- U.S.C. 376) is amended— quirements relating to the sale, distribution, forcement officers of such local governments (1) by striking ‘‘cigarettes’’ each place it or delivery of cigarettes or smokeless to- and Indian tribes, and to the Attorney Gen- appears and inserting ‘‘cigarettes or smoke- bacco; and eral of the United States in order to ensure less tobacco’’; ‘‘(4) the tax collection requirements set the compliance of persons making delivery (2) in subsection (a)— forth in subsection (d). sales with the requirements of this Act. (A) in the matter preceding paragraph (1)— ‘‘(b) SHIPPING AND PACKAGING.— (i) by inserting ‘‘CONTENTS.—’’after ‘‘(a)’’ ‘‘(1) REQUIRED STATEMENT.—For any ship- ‘‘(d) DELIVERY.— (ii) by striking ‘‘or transfers’’ and insert- ping package containing cigarettes or ‘‘(1) IN GENERAL.—Except as provided in ing ‘‘, transfers, or ships’’; smokeless tobacco, the delivery seller shall paragraph (2), no delivery seller may sell or (iii) by inserting ‘‘, locality, or Indian include on the bill of lading, if any, and on deliver to any consumer, or tender to any country of an Indian tribe’’ after ‘‘a State’’; the outside of the shipping package, on the common carrier or other delivery service,

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any cigarettes or smokeless tobacco pursu- any such information and to any common ‘‘(C) CONFIDENTIALITY.—Any person receiv- ant to a delivery sale unless, in advance of carriers or other persons who deliver small ing records under subparagraph (B) shall use the sale, delivery, or tender— packages to consumers identified by any such records solely for the purposes of the ‘‘(A) any cigarette or smokeless tobacco government pursuant to paragraph (5). enforcement of this Act and the collection of excise tax that is imposed by the State in ‘‘(E) CONFIDENTIALITY.—The list distrib- any taxes owed on related sales of cigarettes which the cigarettes or smokeless tobacco uted pursuant to subparagraph (A) shall be and smokeless tobacco, and the person re- are to be delivered has been paid to the confidential, and any person receiving the ceiving records under subparagraph (B) shall State; list shall maintain the confidentiality of the keep confidential any personal information ‘‘(B) any cigarette or smokeless tobacco list but may deliver the list, for enforcement in such records not otherwise required for excise tax that is imposed by the local gov- purposes, to any government official or to such purposes. ernment of the place in which the cigarettes any common carrier or other person that de- ‘‘(4) PREEMPTION.— or smokeless tobacco are to be delivered has livers tobacco products or small packages to ‘‘(A) IN GENERAL.—No State, local, or tribal been paid to the local government; and consumers. Nothing in this section shall pro- government, nor any political authority of ‘‘(C) any required stamps or other indicia hibit a common carrier, the United States that such excise tax has been paid are prop- two or more State, local, or tribal govern- Postal Service, or any other person receiving ments, may enact or enforce any law or reg- erly affixed or applied to the cigarettes or the list from discussing with the listed deliv- smokeless tobacco. ulation relating to delivery sales that re- ery sellers the delivery sellers’ inclusion on stricts deliveries of cigarettes or smokeless ‘‘(2) EXCEPTION.—Paragraph (1) does not the list and the resulting effects on any serv- apply to a delivery sale of smokeless tobacco tobacco to consumers by common carriers or ices requested by such listed delivery seller. if the law of the State or local government of other delivery services on behalf of delivery ‘‘(2) PROHIBITION ON DELIVERY.— the place where the smokeless tobacco is to sellers by— ‘‘(A) IN GENERAL.—Commencing on the be delivered requires or otherwise provides ‘‘(i) requiring that the common carrier or date that is 60 days after the date of the ini- that delivery sellers collect the excise tax other delivery service verify the age or iden- tial distribution or availability of the list from the consumer and remit the excise tax tity of the consumer accepting the delivery under paragraph (1)(A), no person who re- to the State or local government, and the de- by requiring the person who signs to accept ceives the list under paragraph (1), and no livery seller complies with the requirement. delivery of the shipping container to provide ‘‘(e) LIST OF UNREGISTERED OR NONCOMPLI- person who delivers cigarettes or smokeless tobacco to consumers, shall knowingly com- proof, in the form of a valid, government- ANT DELIVERY SELLERS.— issued identification bearing a photograph of ‘‘(1) IN GENERAL.— plete, cause to be completed, or complete its the individual, that such person is at least ‘‘(A) INITIAL LIST.—Not later than 90 days portion of a delivery of any package for any the minimum age required for the legal sale after this subsection goes into effect under person whose name and address are on the section 10 of the Prevent All Cigarette Traf- list, unless— or purchase of tobacco products, as deter- ficking Act of 2006, the Attorney General of ‘‘(i) the person making the delivery knows mined by either State or local law at the the United States shall compile a list of de- or believes in good faith that the item does place of delivery; livery sellers of cigarettes or smokeless to- not include cigarettes or smokeless tobacco; ‘‘(ii) requiring that the common carrier or bacco that have not registered with the At- ‘‘(ii) the delivery is made to a person law- other delivery service obtain a signature torney General, pursuant to section 2(a) or fully engaged in the business of manufac- from the consumer accepting the delivery; that are otherwise not in compliance with turing, distributing, or selling cigarettes or ‘‘(iii) requiring that the common carrier or this Act, and— smokeless tobacco; or other delivery service verify that all applica- ‘‘(i) distribute the list to— ‘‘(iii) the package being delivered weighs ble taxes have been paid; ‘‘(I) the attorney general and tax adminis- more than 100 pounds and the person making ‘‘(iv) requiring that packages delivered by trator of every State; the delivery does not know or have reason- the common carrier or other delivery service ‘‘(II) common carriers and other persons able cause to believe that the package con- contain any particular labels, notice, or that deliver small packages to consumers in tains cigarettes or smokeless tobacco. markings; or interstate commerce, including the United ‘‘(B) IMPLEMENTATION OF UPDATES.—Com- ‘‘(v) prohibiting common carriers or other States Postal Service; and mencing on the date that is 30 days after the delivery services from making deliveries on ‘‘(III) at the discretion of the Attorney date of the distribution or availability of any the basis of whether the delivery seller is or General of the United States, to any other updates or corrections to the list under para- is not identified on any list of delivery sell- persons; and graph (1), all recipients and all common car- ers maintained and distributed by any entity ‘‘(ii) publicize and make the list available riers or other persons that deliver cigarettes other than the Federal Government. to any other person engaged in the business or smokeless tobacco to consumers shall be Nothing in this paragraph may be construed of interstate deliveries or who delivers ciga- subject to subparagraph (A) in regard to such to preempt or supersede State laws prohib- rettes or smokeless tobacco in or into any corrections or updates. iting the delivery sale, or the shipment or State. ‘‘(3) SHIPMENTS FROM PERSONS ON LIST.— delivery pursuant to a delivery sale, of ciga- ‘‘(B) LIST CONTENTS.—To the extent known, ‘‘(A) IN GENERAL.—In the event that a com- rettes or smokeless tobacco to individual the Attorney General of the United States mon carrier or other delivery service delays consumers. shall include, for each delivery seller on the or interrupts the delivery of a package it has ‘‘(B) RELATIONSHIP TO OTHER LAWS.—Noth- list described in subparagraph (A)— in its possession because it determines or has ing in this paragraph shall be construed to ‘‘(i) all names the delivery seller uses in reason to believe that the person ordering prohibit, expand, restrict, or otherwise the transaction of its business or on pack- the delivery is on a list distributed under amend or modify— ages delivered to customers; paragraph (1)— ‘‘(i) section 14501(c)(1) or 41713(b)(4) of title ‘‘(ii) all addresses from which the delivery ‘‘(i) the person ordering the delivery shall 49, United States Code; seller does business or ships cigarettes or be obligated to pay— ‘‘(ii) any other restrictions in Federal law smokeless tobacco; ‘‘(I) the common carrier or other delivery on the ability of State, local, or tribal gov- ‘‘(iii) the website addresses, primary e-mail service as if the delivery of the package had ernments to regulate common carriers; or address, and phone number of the delivery been timely completed; and ‘‘(iii) any provision of State, local, or trib- seller; and ‘‘(II) if the package is not deliverable, any al law regulating common carriers that falls ‘‘(iv) any other information that the Attor- reasonable additional fee or charge levied by within the provisions of chapter 49 of the ney General determines would facilitate the common carrier or other delivery service United States Code, sections 14501(c)(2) or compliance with this subsection by recipi- to cover its extra costs and inconvenience 41713(b)(4)(B). ents of the list. and to serve as a disincentive against such ‘‘(5) STATE, LOCAL, AND TRIBAL ADDITIONS.— ‘‘(C) UPDATING.—The Attorney General of noncomplying delivery orders; and the United States shall update and distribute ‘‘(ii) if the package is determined not to be ‘‘(A) IN GENERAL.—Any State, local, or the list at least once every 4 months, and deliverable, the common carrier or other de- tribal government shall provide the Attor- may distribute the list and any updates by livery service shall, in its discretion, either ney General of the United States with— regular mail, electronic mail, or any other provide the package and its contents to a ‘‘(i) all known names, addresses, website reasonable means, or by providing recipients Federal, State, or local law enforcement addresses, and other primary contact infor- with access to the list through a nonpublic agency or destroy the package and its con- mation of any delivery seller that offers for website that the Attorney General of the tents. sale or makes sales of cigarettes or smoke- United States regularly updates. ‘‘(B) RECORDS.—A common carrier or other less tobacco in or into the State, locality, or ‘‘(D) STATE, LOCAL, OR TRIBAL ADDITIONS.— delivery service shall maintain, for a period tribal land but has failed to register with or The Attorney General of the United States of 5 years, any records kept in the ordinary make reports to the respective tax adminis- shall include in the list under subparagraph course of business relating to any deliveries trator, as required by this Act, or that has (A) any noncomplying delivery sellers identi- interrupted pursuant to this paragraph and been found in a legal proceeding to have oth- fied by any State, local, or tribal govern- provide that information, upon request, to erwise failed to comply with this Act; and ment under paragraph (5), and shall dis- the Attorney General of the United States or ‘‘(ii) a list of common carriers and other tribute the list to the attorney general or to the attorney general or chief law enforce- persons who make deliveries of cigarettes or chief law enforcement official and the tax ment official or tax administrator of any smokeless tobacco in or into the State, lo- administrator of any government submitting State, local, or tribal government. cality, or tribal lands.

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‘‘(B) UPDATES.—Any government providing ‘‘(ii) not, as a matter of regular practice pendent delivery service not to be in compli- a list to the Attorney General of the United and procedure, making any deliveries, or any ance with this Act; or States under subparagraph (A) shall also pro- deliveries in certain States, of any cigarettes ‘‘(ii) assisting a delivery seller to violate vide updates and corrections every 4 months or smokeless tobacco for any person or for or otherwise evade compliance with section until such time as such government notifies any person not in the business of manufac- 2A. the Attorney General of the United States in turing, distributing, or selling cigarettes or ‘‘(B) OTHER LIMITATIONS.—No common car- writing that such government no longer de- smokeless tobacco; or rier or independent delivery service shall be sires to submit such information to supple- ‘‘(iii) delaying or not making a delivery for subject to civil penalties under paragraph (1) ment the list maintained and distributed by any person because of reasonable efforts to for a violation of section 2A(e) if— the Attorney General of the United States comply with this Act. ‘‘(i) the common carrier or independent de- under paragraph (1). ‘‘(D) OTHER LIMITS.—Section 2 and sub- livery service has implemented and enforces ‘‘(C) REMOVAL AFTER WITHDRAWAL.—Upon sections (a), (b), (c), and (d) of this section effective policies and practices for complying receiving written notice that a government shall not be interpreted to impose any re- with that section; or no longer desires to submit information sponsibilities, requirements, or liability on ‘‘(ii) an employee of the common carrier or under subparagraph (A), the Attorney Gen- common carriers. independent delivery service who physically eral of the United States shall remove from ‘‘(f) PRESUMPTION.—For purposes of this receives and processes orders, picks up pack- the list under paragraph (1) any persons that Act, a delivery sale shall be deemed to have ages, processes packages, or makes deliv- are on the list solely because of such govern- occurred in the State and place where the ment’s prior submissions of its list of non- buyer obtains personal possession of the eries, takes actions that are outside the complying delivery sellers of cigarettes or cigarettes or smokeless tobacco, and a deliv- scope of employment of the employee in the smokeless tobacco or its subsequent updates ery pursuant to a delivery sale is deemed to course of the violation, or that violate the and corrections. have been initiated or ordered by the deliv- implemented and enforced policies of the ‘‘(6) DEADLINE TO INCORPORATE ADDITIONS.— ery seller.’’. common carrier or independent delivery The Attorney General of the United States (d) PENALTIES.—The Jenkins Act is amend- service described in clause (i).’’. shall— ed by striking section 3 and inserting the fol- (e) ENFORCEMENT.—The Jenkins Act is ‘‘(A) include any delivery seller identified lowing: and submitted by a State, local, or tribal amended by striking section 4 and inserting government under paragraph (5) in any list ‘‘SEC. 3. PENALTIES. the following: ‘‘(a) CRIMINAL PENALTIES.— or update that is distributed or made avail- ‘‘SEC. 4. ENFORCEMENT. able under paragraph (1) on or after the date ‘‘(1) IN GENERAL.—Except as provided in that is 30 days after the date on which the paragraph (2), whoever violates any provi- ‘‘(a) IN GENERAL.—The United States dis- information is received by the Attorney Gen- sion of this Act shall be guilty of a felony trict courts shall have jurisdiction to pre- eral of the United States; and and shall be imprisoned not more than 3 vent and restrain violations of this Act and ‘‘(B) distribute any such list or update to years, fined under title 18, United States to provide other appropriate injunctive or any common carrier or other person who Code, or both. equitable relief, including money damages, ‘‘(2) EXCEPTIONS.— makes deliveries of cigarettes or smokeless for such violations. tobacco that has been identified and sub- ‘‘(A) GOVERNMENTS.—Paragraph (1) shall mitted by another government, pursuant to not apply to a State, local, or tribal govern- ‘‘(b) AUTHORITY OF THE ATTORNEY GEN- paragraph (5). ment. ERAL.—The Attorney General of the United ‘‘(7) NOTICE TO DELIVERY SELLERS.—Not ‘‘(B) DELIVERY VIOLATIONS.—A common States shall administer and enforce the pro- later than 14 days prior to including any de- carrier or independent delivery service, or visions of this Act. livery seller on the initial list distributed or employee of a common carrier or inde- made available under paragraph (1), or on pendent delivery service, shall be subject to ‘‘(c) STATE, LOCAL, AND TRIBAL ENFORCE- any subsequent list or update for the first criminal penalties under paragraph (1) for a MENT.— time, the Attorney General of the United violation of section 2A(e) only if the viola- ‘‘(1) IN GENERAL.— States shall make a reasonable attempt to tion is committed intentionally for the pur- ‘‘(A) STANDING.—A State, through its at- send notice to the delivery seller by letter, pose of— torney general (or a designee thereof), or a electronic mail, or other means that the de- ‘‘(i) obtaining the business of delivery sell- local government or Indian tribe that levies livery seller is being placed on such list or ers known to the common carrier or inde- a tax subject to section 2A(a)(3), through its update, with that notice including the text pendent delivery service not to be in compli- chief law enforcement officer (or a designee of this Act. ance with this Act; or thereof), may bring an action in a United ‘‘(8) LIMITATIONS.— ‘‘(ii) assisting a delivery seller to violate States district court to prevent and restrain ‘‘(A) IN GENERAL.—Any common carrier or or otherwise evade compliance with section violations of this Act by any person (or by other person making a delivery subject to 2A. any person controlling such person) or to ob- this subsection shall not be required or oth- ‘‘(b) CIVIL PENALTIES.— tain any other appropriate relief from any erwise obligated to— ‘‘(1) IN GENERAL.—Except as provided in person (or from any person controlling such ‘‘(i) determine whether any list distributed paragraph (3), whoever violates any provi- person) for violations of this Act, including or made available under paragraph (1) is sion of this Act shall be subject to a civil civil penalties, money damages, and injunc- complete, accurate, or up-to-date; penalty in an amount not to exceed— tive or other equitable relief. ‘‘(ii) determine whether a person ordering ‘‘(A) in the case of a delivery seller, the ‘‘(B) SOVEREIGN IMMUNITY.—Nothing in this a delivery is in compliance with this Act; or greater of— Act shall be deemed to abrogate or con- ‘‘(iii) open or inspect, pursuant to this Act, ‘‘(i) $5,000 in the case of the first violation, stitute a waiver of any sovereign immunity any package being delivered to determine its or $10,000 for any other violation; or of a State or local government or Indian contents. ‘‘(ii) for any violation, 2 percent of the tribe against any unconsented lawsuit under ‘‘(B) ALTERNATE NAMES.—Any common car- gross sales of cigarettes or smokeless to- this Act, or otherwise to restrict, expand, or rier or other person making a delivery sub- bacco of such person during the 1-year period modify any sovereign immunity of a State or ject to this subsection shall not be required ending on the date of the violation. local government or Indian tribe. or otherwise obligated to make any inquiries ‘‘(B) in the case of a common carrier or ‘‘(2) PROVISION OF INFORMATION.—A State, or otherwise determine whether a person or- other delivery service, $2,500 in the case of a through its attorney general, or a local gov- dering a delivery is a delivery seller on the first violation, or $5,000 for any violation ernment or Indian tribe that levies a tax list under paragraph (1) who is using a dif- within 1 year of a prior violation. subject to section 2A(a)(3), through its chief ferent name or address in order to evade the ‘‘(2) RELATION TO OTHER PENALTIES.—A civil related delivery restrictions, but shall not penalty under paragraph (1) for a violation of law enforcement officer (or a designee there- knowingly deliver any packages to con- this Act shall be imposed in addition to any of), may provide evidence of a violation of sumers for any such delivery seller who the criminal penalty under subsection (a) and this Act by any person not subject to State, common carrier or other delivery service any other damages, equitable relief, or in- local, or tribal government enforcement ac- knows is a delivery seller who is on the list junctive relief awarded by the court, includ- tions for violations of this Act to the Attor- under paragraph (1) but is using a different ing, but not limited to, the payment of any ney General of the United States or a United name or address to evade the delivery re- unpaid taxes to the appropriate Federal, States attorney, who shall take appropriate strictions of paragraph (2). State, local, or tribal governments. actions to enforce the provisions of this Act. ‘‘(C) PENALTIES.—Any common carrier or ‘‘(3) EXCEPTIONS.— ‘‘(3) USE OF PENALTIES COLLECTED.— person in the business of delivering packages ‘‘(A) DELIVERY VIOLATIONS.—An employee ‘‘(A) IN GENERAL.—There is established a on behalf of other persons shall not be sub- of a common carrier or independent delivery separate account in the Treasury known as ject to any penalty under section 14101(a) of service shall be subject to civil penalties the ‘PACT Anti-Trafficking Fund’. Notwith- title 49, United States Code, or any other under paragraph (1) for a violation of section standing any other provision of law and sub- provision of law for— 2A(e) only if the violation is committed in- ject to subparagraph (B), an amount equal to ‘‘(i) not making any specific delivery, or tentionally for the purpose of— 50 percent of any criminal and civil penalties any deliveries at all, on behalf of any person ‘‘(i) obtaining the business of delivery sell- collected by the United States Government on the list under paragraph (1); ers known to the common carrier or inde- in enforcing the provisions of this Act shall

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00100 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2006 CONGRESSIONAL RECORD — SENATE S8825 be transferred into the PACT Anti-Traf- SEC. 3. TREATMENT OF CIGARETTES AND SMOKE- Settlement Agreement, any cigarette manu- ficking Fund and shall be available to the LESS TOBACCO AS NONMAILABLE factured by a Tobacco Product Manufacturer MATTER. Attorney General of the United States for that is not in full compliance with the terms purposes of enforcing the provisions of this Section 1716 of title 18, United States Code, is amended— of the Model Statute or Qualifying Statute Act and other laws relating to contraband enacted by such State requiring funds to be tobacco products. (1) by redesignating subsections (j) and (k) placed into a qualified escrow account under ‘‘(B) ALLOCATION OF FUNDS.—Of the amount as subsections (k) and (l), respectively; and available to the Attorney General under sub- (2) by inserting after subsection (i) the fol- specified conditions, or any regulations pro- paragraph (A), not less than 50 percent shall lowing: mulgated pursuant to such statute. ‘‘(j) TOBACCO PRODUCTS.— be made available only to the agencies and (b) JURISDICTION TO PREVENT AND RESTRAIN ‘‘(1) PROHIBITION.— offices within the Department of Justice ‘‘(A) IN GENERAL.—Except as provided in VIOLATIONS.— that were responsible for the enforcement subparagraphs (B) and (C), all cigarettes (as (1) IN GENERAL.—The United States district actions in which the penalties concerned that term is defined in section 1(2) of the Act courts shall have jurisdiction to prevent and were imposed or for any underlying inves- of October 19, 1949 (15 U.S.C. 375; commonly restrain violations of subsection (a) in ac- tigations. referred to as the ‘Jenkins Act’)) and smoke- cordance with this subsection. ‘‘(4) NONEXCLUSIVITY OF REMEDY.— less tobacco (as that term is defined in sec- (2) INITIATION OF ACTION.—A State, through ‘‘(A) IN GENERAL.—The remedies available tion 1(12) of that Act), are nonmailable and its attorney general, may bring an action in under this section and section 3 are in addi- shall not be deposited in or carried through the United States district courts to prevent tion to any other remedies available under the mails. The United States Postal Service and restrain violations of subsection (a) by Federal, State, local, tribal, or other law. shall not accept for delivery or transmit any person (or by any person controlling ‘‘(B) STATE COURT PROCEEDINGS.—Nothing through the mails any package that it knows such person). in this Act shall be construed to expand, re- or has reasonable cause to believe contains (3) ATTORNEY FEES.—In any action under strict, or otherwise modify any right of an any cigarettes or smokeless tobacco made paragraph (2), a State, through its attorney authorized State official to proceed in State nonmailable by this subsection. general, shall be entitled to reasonable at- court, or take other enforcement actions, on ‘‘(B) REASONABLE CAUSE TO BELIEVE.—For torney fees from a person found to have will- the basis of an alleged violation of State or purposes of this section, notification to the fully and knowingly violated subsection (a). other law. United States Postal Service by the Attor- (4) NONEXCLUSIVITY OF REMEDIES.—The ‘‘(C) TRIBAL COURT PROCEEDINGS.—Nothing ney General, a United States attorney, or a remedy available under paragraph (2) is in in this Act shall be construed to expand, re- State Attorney General that an individual or addition to any other remedies available strict, or otherwise modify any right of an entity is primarily engaged in the business under Federal, State, or other law. No provi- authorized Indian tribal government official of transmitting cigarettes or smokeless to- sion of this Act or any other Federal law to proceed in tribal court, or take other en- bacco made nonmailable by this section shall be held or construed to prohibit or pre- forcement actions, on the basis of an alleged shall constitute reasonable cause to believe empt the Master Settlement Agreement, the violation of tribal law. that any packages presented to the United Model Statute (as defined in the Master Set- ‘‘(D) LOCAL GOVERNMENT ENFORCEMENT.— States Postal Service by such individual or tlement Agreement), any legislation amend- Nothing in this Act shall be construed to ex- entity contain nonmailable cigarettes or ing or complementary to the Model Statute pand, restrict, or otherwise modify any right smokeless tobacco. in effect as of June 1, 2006, or any legislation of an authorized local government official to ‘‘(C) CIGARS.—Subparagraph (A) shall not substantially similar to such existing, proceed in State court, or take other en- apply to cigars (as that term is defined in amending, or complementary legislation forcement actions, on the basis of an alleged section 5702(a) of the Internal Revenue Code hereinafter enacted. violation of local or other law. of 1986). (5) OTHER ENFORCEMENT ACTIONS.—Nothing ‘‘(d) PERSONS DEALING IN TOBACCO PROD- ‘‘(D) GEOGRAPHIC EXCEPTION.—Subpara- in this subsection shall be construed to pro- UCTS.—Any person who holds a permit under graph (A) shall not apply to mailings within hibit an authorized State official from pro- section 5712 of the Internal Revenue Code of or into any State that is not contiguous with ceeding in State court or taking other en- 1986 (regarding permitting of manufacturers at least 1 other State of the United States. forcement actions on the basis of an alleged and importers of tobacco products and ex- For purposes of this paragraph, ‘State’ violation of State or other law. port warehouse proprietors) may bring an ac- means any of the 50 States or the District of (6) AUTHORITY OF THE ATTORNEY GENERAL.— tion in a United States district court to pre- Columbia. The Attorney General of the United States vent and restrain violations of this Act by ‘‘(2) PACKAGING EXCEPTIONS INAPPLI- may administer and enforce subsection (a). any person (or by any person controlling CABLE.—Subsection (b) shall not apply to any (c) DEFINITIONS.—In this section the fol- such person) other than a State, local, or tobacco product made nonmailable by this tribal government. subsection. lowing definitions apply: ELIVERY SALE ‘‘(e) NOTICE.— ‘‘(3) SEIZURE AND FORFEITURE.—Any ciga- (1) D .—The term ‘‘delivery ‘‘(1) PERSONS DEALING IN TOBACCO PROD- rettes or smokeless tobacco made non- sale’’ means any sale of cigarettes or smoke- UCTS.—Any person who commences a civil mailable by this subsection that are depos- less tobacco to a consumer if— action under subsection (d) shall inform the ited in the mails shall be subject to seizure (A) the consumer submits the order for Attorney General of the United States of the and forfeiture, and any tobacco products so such sale by means of a telephone or other action. seized and forfeited shall either be destroyed method of voice transmission, the mails, or ‘‘(2) STATE, LOCAL, AND TRIBAL ACTIONS.—It or retained by Government officials for the the Internet or other online service, or the is the sense of Congress that the attorney detection or prosecution of crimes or related seller is otherwise not in the physical pres- general of any State, or chief law enforce- investigations and then destroyed. ence of the buyer when the request for pur- ment officer of any locality or tribe, that ‘‘(4) ADDITIONAL PENALTIES.—In addition to chase or order is made; or commences a civil action under this section any other fines and penalties imposed by this (B) the cigarettes or smokeless tobacco are should inform the Attorney General of the chapter for violations of this section, any delivered by use of a common carrier, pri- United States of the action. person violating this subsection shall be sub- vate delivery service, or the mails, or the ‘‘(f) PUBLIC NOTICE.— ject to an additional penalty in the amount seller is not in the physical presence of the ‘‘(1) IN GENERAL.—The Attorney General of of 10 times the retail value of the non- buyer when the buyer obtains possession of the United States shall make available to mailable cigarettes or smokeless tobacco, in- the cigarettes or smokeless tobacco. the public, by posting such information on cluding all Federal, State, and local taxes. (2) IMPORTER.—The term ‘‘importer’’ means the Internet and by other appropriate means, ‘‘(5) USE OF PENALTIES.—There is estab- each of the following: information regarding all enforcement ac- lished a separate account in the Treasury (A) SHIPPING OR CONSIGNING.—Any person tions undertaken by the Attorney General or known as the ‘PACT Postal Service Fund’. in the United States to whom non-tax-paid United States attorneys, or reported to the Notwithstanding any other provision of law, tobacco products manufactured in a foreign Attorney General, under this section, includ- an amount equal to 50 percent of any crimi- country, Puerto Rico, the Virgin Islands, or ing information regarding the resolution of nal and civil fines or monetary penalties col- a possession of the United States are shipped such actions and how the Attorney General lected by the United States Government in or consigned. and the United States attorney have re- enforcing the provisions of this subsection (B) MANUFACTURING WAREHOUSES.—Any sponded to referrals of evidence of violations shall be transferred into the PACT Postal person who removes cigars or cigarettes for pursuant to paragraph (2). Service Fund and shall be available to the sale or consumption in the United States ‘‘(2) REPORTS TO CONGRESS.—The Attorney Postmaster General for the purpose of en- from a customs-bonded manufacturing ware- General shall submit to Congress each year a forcing the provisions of this subsection.’’. house. report containing the information described SEC. 4. COMPLIANCE WITH MODEL STATUTE OR (C) UNLAWFUL IMPORTING.—Any person who in paragraph (1).’’. QUALIFYING STATUTE. smuggles or otherwise unlawfully brings to- (f) CONFORMING AND CLERICAL AMEND- (a) IN GENERAL.—A Tobacco Product Manu- bacco products into the United States. MENTS.—The section heading for chapter 10A facturer or importer may not sell in, deliver (3) MASTER SETTLEMENT AGREEMENT.—The of title 15, United States Code, is amended to to, or place for delivery sale, or cause to be term ‘‘Master Settlement Agreement’’ read as follows: ‘‘REMOTE SALES OF CIGA- sold in, delivered to, or placed for delivery means the agreement executed November 23, RETTES AND SMOKELESS TOBACCO’’. sale in a State that is a party to the Master 1998, between the attorneys general of 46

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00101 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8826 CONGRESSIONAL RECORD — SENATE August 3, 2006 States, the District of Columbia, the Com- (2) chapter 114 of title 18, United States this title or to otherwise restrict, expand, or monwealth of Puerto Rico, and 4 territories Code; and modify any sovereign immunity of a State, of the United States and certain tobacco (3) this Act. local government, or Indian tribe. manufacturers. (e) DELIVERY SALE DEFINED.—In this sec- ‘‘(B) CONSTRUCTION WITH OTHER RELIEF.— (4) MODEL STATUTE; QUALIFYING STATUTE.— tion, the term ‘‘delivery sale’’ has the mean- The remedies available under this subsection The terms ‘‘Model Statute’’ and ‘‘Qualifying ing given that term in 2343(e) of title 18, are in addition to any other remedies avail- Statute’’ means a statute as defined in sec- United States Code, as amended by section able under Federal, State, local, tribal, or tion IX(d)(2)(e) of the Master Settlement 4(d)(4). other law. SEC. 7. COMPLIANCE WITH TARIFF ACT OF 1930. Agreement. ‘‘(4) CONSTRUCTION WITH FORFEITURE PROVI- (a) INAPPLICABILITY OF EXEMPTIONS FROM (5) TOBACCO PRODUCT MANUFACTURER.—The SIONS.—Nothing in this subsection shall be REQUIREMENTS FOR ENTRY OF CERTAIN CIGA- term ‘‘Tobacco Product Manufacturer’’ has construed to require a State or Indian tribe RETTES.—Section 802(b)(1) of the Tariff Act the meaning given that term in section to first bring an action under to paragraph II(uu) of the Master Settlement Agreement. of 1930 (19 U.S.C. 1681a(b)(1)) is amended by (1) when pursuing relief under subsection (b). SEC. 5. UNDERCOVER CRIMINAL INVESTIGA- adding at the end the following: ‘‘This para- TIONS OF THE BUREAU OF ALCO- graph shall not apply to any cigarettes sold ‘‘(d) CONSTRUCTION WITH OTHER AUTHORI- HOL, TOBACCO, FIREARMS AND EX- in connection with a delivery sale (as that TIES.—Nothing in this title shall be con- PLOSIVES. term is defined in section 1(6) of the Act of strued to expand, restrict, or otherwise mod- (a) APPROPRIATIONS AVAILABLE.— October 19, 1949 (commonly referred to as the ify the right of— (1) IN GENERAL.—Commencing as of the ‘Jenkins Act’)).’’. ‘‘(1) an authorized State official from pro- date of the enactment of this Act and with- (b) STATE AND TRIBAL ACCESS TO CUSTOMS ceeding in State court, or taking other en- out fiscal year limitation, the authorities in CERTIFICATIONS.—Section 802 of the Tariff forcement actions, on the basis of alleged section 102(b) of the Department of Justice Act of 1930 (19 U.S.C. 1681a) is amended by violation of State or other law; or and Related Agencies Appropriations Act, adding at the end the following: 1993 (title I of Public Law 102–395; 106 Stat. ‘‘(d) STATE AND TRIBAL ACCESS TO CUSTOMS ‘‘(2) an authorized Indian tribal govern- 1838) shall be available to the Bureau of Al- CERTIFICATIONS.—A State, through its attor- ment official from proceeding in tribal court, cohol, Tobacco, Firearms and Explosives for ney general, and an Indian tribe (as that or taking other enforcement actions, on the undercover investigative operations of the term is defined in section 4(e) of the Indian basis of alleged violation of tribal law.’’. Bureau which are necessary for the detection Self-Determination and Education Assist- (d) INCLUSION OF SMOKELESS TOBACCO.— and prosecution of crimes against the United ance Act (25 U.S.C. 450b(e)), through its chief (1) IN GENERAL.—Sections 802 and 803(a) of States. law enforcement officer, shall be entitled to the Tariff Act of 1930 (19 U.S.C. 1202 et seq.) (2) CONFORMING RULE.—For purposes of the obtain copies of any certification required are amended by inserting ‘‘or smokeless to- exercise by the Bureau of Alcohol, Tobacco, pursuant to subsection (c) directly— bacco products’’ after ‘‘cigarettes’’ each Firearms and Explosives of the authorities ‘‘(1) upon request to the agency of the place it appears. referenced in paragraph (1), a reference in United States responsible for collecting such (2) CONFORMING AMENDMENTS.— section 102(b) of the Department of Justice certification; or (A) REQUIREMENTS FOR ENTRY.—Section 802 and Related Agencies Appropriations Act, ‘‘(2) upon request to the importer, manu- of the Tariff Act of 1930 (19 U.S.C. 1681a) is 1993 (title I of Public Law 102–395; 106 Stat. facturer, or authorized official of such im- amended— 1838) to the Federal Bureau of Investigation porter or manufacturer.’’. (i) in the heading, by inserting ‘‘ shall be deemed to be a reference to the Bu- (c) ENFORCEMENT PROVISIONS.—Section 803 AND reau of Alcohol, Tobacco, Firearms and Ex- of the Tariff Act of 1930 (19 U.S.C. 1681b) is SMOKELESS TOBACCO’’ after ‘‘CIGA- plosives, and a reference to the Director of amended— RETTES’’; the Federal Bureau of Investigation shall be (1) in subsection (b)— (ii) in subsection (a)— deemed to be a reference to the Director of (A) in the first sentence— (I) in paragraph (1), by inserting ‘‘or sec- the Bureau of Alcohol, Tobacco, Firearms (i) by inserting ‘‘any State of’’ before ‘‘the tion 4 of the Comprehensive Smokeless To- and Explosives. United States’’ the first and second places it bacco Health Education Act of 1986 (15 U.S.C. (b) LIMITATIONS IN APPROPRIATIONS ACTS.— appears; and 4403), respectively’’ after ‘‘section 7 of the The exercise of the authorities referred to in (ii) by inserting before the period the fol- Federal Cigarette Labeling and Advertising subsection (a)(1) by the Bureau of Alcohol, lowing: ‘‘, to any State in which such to- Act (15 U.S.C. 1335a)’’; Tobacco, Firearms and Explosives shall be bacco product, cigarette papers, or tube was (II) in paragraph (2), by inserting ‘‘or sec- subject to the provisions of appropriations imported, or to the Indian tribe of any In- tion 3 of the Comprehensive Smokeless To- Acts. dian country (as that term is defined in sec- bacco Health Education Act of 1986 (15 U.S.C. SEC. 6. INSPECTION BY BUREAU OF ALCOHOL, tion 1151 of title 18, United States Code) in 4402), respectively,’’ after ‘‘section 4 of the TOBACCO, FIREARMS AND EXPLO- which such tobacco product, cigarette pa- Federal Cigarette Labeling and Advertising SIVES OF RECORDS OF CERTAIN pers, or tube was imported’’; and Act (15 U.S.C. 1333)’’; and CIGARETTE AND SMOKELESS TO- (B) in the second sentence, by inserting ‘‘, BACCO SELLERS. (III) in paragraph (3), by inserting ‘‘or sec- or to any State or Indian tribe,’’ after ‘‘the (a) IN GENERAL.—Any officer of the Bureau tion 3(d) of the Comprehensive Smokeless of Alcohol, Tobacco, Firearms and Explo- United States’’; and Tobacco Health Education Act of 1986 (15 sives may, during normal business hours, (2) by adding at the end the following: U.S.C. 4402(d)), respectively,’’ after ‘‘section enter the premises of any person described in ‘‘(c) ACTIONS BY STATES AND OTHERS.— 4(c) of the Federal Cigarette Labeling and subsection (b) for the purposes of inspect- ‘‘(1) PERSONS DEALING IN TOBACCO PROD- Advertising Act (15 U.S.C. 1333(c))’’; ing— UCTS.—Any person who holds a permit under (iii) in subsection (b)— (1) any records or information required to section 5712 of the Internal Revenue Code of (I) in the heading of paragraph (1), by in- 1986 (regarding permitting of manufacturers be maintained by such person under the pro- serting ‘‘OR SMOKELESS TOBACCO’’ after ‘‘CIGA- and importers of tobacco products and ex- visions of law referred to in subsection (d); or RETTES’’; and (2) any cigarettes or smokeless tobacco port warehouse proprietors) may bring an ac- (II) in the heading of paragraphs (2) and (3), tion in the United States district courts to kept or stored by such person at such prem- by inserting ‘‘OR SMOKELESS TOBACCO’’ after prevent and restrain violations of this title ises. ‘‘CIGARETTES’’; and by any person (or by any person controlling (b) COVERED PERSONS.—Subsection (a) ap- (iv) in subsection (c)— such person), other than a State, local, or plies to any person who engages in a delivery (I) in the heading, by inserting ‘‘OR SMOKE- tribal government. sale, and who ships, sells, distributes, or re- LESS TOBACCO’’ after ‘‘CIGARETTE’’; ‘‘(2) STATE, LOCAL, AND TRIBAL GOVERN- ceives any quantity in excess of 10,000 ciga- (II) in paragraph (1), by inserting ‘‘or sec- MENTS.—A State, through its attorney gen- rettes, or any quantity in excess of 500 sin- tion 4 of the Comprehensive Smokeless To- gle-unit consumer-sized cans or packages of eral, or a local government or tribe through its chief law enforcement officer (or a des- bacco Health Education Act of 1986 (15 U.S.C. smokeless tobacco, within a single month. 4403), respectively’’ after ‘‘section 7 of the (c) RELIEF.— ignee thereof), may bring a civil action Federal Cigarette Labeling and Advertising (1) IN GENERAL.—The district courts of the under this title to prevent and restrain vio- United States shall have the authority in a lations of this title by any person (or by any Act (15 U.S.C. 1335a)’’; civil action under this subsection to compel person controlling such person) or to obtain (III) in paragraph (2)(A), ‘‘or section 3 of inspections authorized by subsection (a). any other appropriate relief for violations of the Comprehensive Smokeless Tobacco (2) VIOLATIONS.—Whoever violates sub- this title by any person (or from any person Health Education Act of 1986 (15 U.S.C. 4402), section (a) or an order issued pursuant to controlling such person), including civil pen- respectively,’’ after ‘‘section 4 of the Federal paragraph (1) shall be subject to a civil pen- alties, money damages, and injunctive or Cigarette Labeling and Advertising Act (15 alty in an amount not to exceed $10,000 for other equitable relief. U.S.C. 1333)’’; and each violation. ‘‘(3) CONSTRUCTION GENERALLY.— (IV) in paragraph (2)(B), by inserting ‘‘or (d) COVERED PROVISIONS OF LAW.—The pro- ‘‘(A) IN GENERAL.—Nothing in this sub- section 3(d) of the Comprehensive Smokeless visions of law referred to in this subsection section shall be deemed to abrogate or con- Tobacco Health Education Act of 1986 (15 are— stitute a waiver of any sovereign immunity U.S.C. 4402(d)), respectively’’ after ‘‘section (1) the Act of October 19, 1949 (15 U.S.C. 375; of a State or local government or Indian 4(c) of the Federal Cigarette Labeling and commonly referred to as the ‘‘Jenkins Act’’); tribe against any unconsented lawsuit under Advertising Act (15 U.S.C. 1333(c))’’.

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00102 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2006 CONGRESSIONAL RECORD — SENATE S8827 (B) ENFORCEMENT.—Section 803(b) of the (2) DEFINITION.—For purposes of section 7, After all this, when American serv- Tariff Act of 1930 (19 U.S.C. 1681b(b)) is the definition of delivery sale in section icemembers arrived at their destina- amended by inserting ‘‘, or any smokeless to- 2343(e)(1) of title 18, United States Code, as tion, the majority were treated as bacco product,’’ after ‘‘or tube’’ the first amended by section 4(d)(4) of this Act, shall slave labor, they faced fierce corporal place it appears. take effect on the date of enactment of this (C) TITLE HEADING.—The heading of title Act. punishment for minor infractions, and VIII of the Tariff Act of 1930 (19 U.S.C. 1681 SEC. 10. SEPARABILITY. unnecessary starvation and cruel work et seq.) is amended by inserting ‘‘AND If any provision of this Act or the applica- environments. SMOKELESS TOBACCO’’ after ‘‘CIGA- tion thereof to any person or circumstance is It is important to note that this bill, RETTES’’. held invalid, the remainder of the Act and which I am honored to say is cospon- SEC. 8. EXCLUSIONS REGARDING INDIAN TRIBES the application of it to any other person or sored by Senator BINGAMAN and Sen- AND TRIBAL MATTERS. circumstance shall not be affected thereby. (a) IN GENERAL.—Nothing in this Act or ator BIDEN, is not to embarrass or to the amendments made by this Act is in- By Mr. HATCH (for himself, Mr. ridicule the people of Japan; far from tended nor shall be construed to affect, it. For over 60 years, Japan has been amend, or modify— BINGAMAN, and Mr. BIDEN): S. 3811. A bill to require the payment one of our great allies. As the ranking (1) any agreements, compacts, or other member on the Senate Intelligence intergovernmental arrangements between of compensation to members of the Committee, I well know the invaluable any State or local government and any gov- Armed Forces and civilian employees ernment of an Indian tribe (as that term is of the United States who performed support and assistance that Japan has defined in section 4(e) of the Indian Self-De- slave labor for Japanese industries dur- rendered in the global war on ter- termination and Education Assistance Act ing World War II, or the surviving rorism, including committing hundreds (25 U.S.C. 450b(e)) relating to the collection spouses of such members, and for other of ground troops to assist in the devel- of taxes on cigarettes or smokeless tobacco opment of Iraq’s infrastructure. I know sold in Indian country (as that term is de- purposes; to the Committee on Armed Services. that all Americans are grateful for this fined in section 1151 of title 18, United States assistance. Code); Mr. HATCH. Mr. President, it is my (2) any State laws that authorize or other- privilege today to introduce legislation Mr. President, it is time to do the wise pertain to any such intergovernmental that attempts to right wrongs and help right thing and provide these veterans arrangements or create special rules or pro- those who have suffered. with the minimal level of compensa- cedures for the collection of State, local, or I can think of few Americans who tion they deserve. I believe that this tribal taxes on cigarettes or smokeless to- limited compensation is a debt of bacco sold in Indian country; have suffered more than those brave (3) any limitations under existing Federal World War II veterans who were sub- honor that we should not withhold. law, including Federal common law and trea- jected to slave labor conditions by Jap- ties, on State, local, and tribal tax and regu- anese industries during that difficult By Mr. ISAKSON (for himself and latory authority with respect to the sale, conflict. This legislation would provide Mr. REED): use, or distribution of cigarettes and smoke- long overdue compensation to our S. 3812. A bill to require the Food and less tobacco by or to Indian tribes or tribal brave veterans who were forced into members or in Indian country; Drug Administration to conduct con- (4) any existing Federal law, including slave labor by our enemies. sumer testing to determine the appro- Federal common law and treaties, regarding Some might ask: why don’t these priateness of the current labeling re- State jurisdiction, or lack thereof, over any veterans seek a remedy from the quirements for indoor tanning devices tribe, tribal members, or tribal reservations; courts? The answer is that they have. and determine whether such require- and Unfortunately, due to decisions that ments provide sufficient information (5) any existing State or local government were made during the Cold War, our to consumers regarding the risks that authority to bring enforcement actions government relinquished the right of the use of such devices pose for the de- against persons located in Indian country. these veterans to successfully seek re- (b) COORDINATION OF LAW ENFORCEMENT.— velopment of irreversible damage to Nothing in this Act or the amendments made dress of their grievances on this matter the skin, including skin cancer, and for by this Act shall be construed to inhibit or in our nation’s courts. other purposes; to the Committee on otherwise affect any coordinated law en- Regrettably, the Japanese Govern- Health, Education, Labor, and Pen- forcement effort by 1 or more States or other ment has also declined to provide com- sions. jurisdictions, including Indian tribes, pensation. Mr. REED. Mr. President, I rise through interstate compact or otherwise, Today, many of these American that— today, along with my colleague, Sen- (1) provides for the administration of to- POWs are now in their eighties and ator ISAKSON, to introduce the Tanning bacco product laws or laws pertaining to nineties. Every day, more and more of Accountability and Notification— interstate sales or other sales of tobacco these veterans pass away without ever TAN—Act of 2006. A House counterpart products; realizing that their country truly cares measure was introduced by Representa- (2) provides for the seizure of tobacco prod- for them and wants to right the wrongs tives MALONEY and BROWN-WAITE in ucts or other property related to a violation of the past. If those who remain are to February. of such laws; or receive compensation, they must re- (3) establishes cooperative programs for ceive it now or this injustice will never Close to a million people will be diag- the administration of such laws. nosed with skin cancer this year. Ap- (c) TREATMENT OF STATE AND LOCAL GOV- be righted. Remember, many of these men are proximately 1 in 5 Americans will de- ERNMENTS.—Nothing in this Act or the velop skin cancer in their lifetime, and amendments made by this Act is intended, the survivors of the Bataan Death and shall not be construed to, authorize, dep- March, which occurred in April of 1942 these numbers are on the rise. utize, or commission States or local govern- when the 70,000 Allied troops that com- There are many factors that con- ments as instrumentalities of the United prised the defense of Bataan peninsula tribute to these startling figures. In re- States. cent years efforts have been under- (d) ENFORCEMENT WITHIN INDIAN COUN- were ordered to surrender. Corregidor taken by various organizations to bet- TRY.—Nothing in this Act or the amend- would fall a month later, but for the ments made by this Act is intended to pro- soldiers of Bataan the infamous Death ter inform the public about the risk of hibit, limit, or restrict enforcement by the March from the peninsula to holding sun exposure and ways to decrease the Attorney General of the United States of the camps throughout the Philippines was chance of developing skin cancer. One provisions herein within Indian country. about to begin. During this march of 85 area, however, where better informa- (e) AMBIGUITY.—Any ambiguity between tion is sorely needed is on the use of in- the language of this section or its applica- miles approximately 10,000 Allied tion and any other provision of this Act shall forces were killed. door tanning salons. be resolved in favor of this section. American POWs in the Pacific the- Every day approximately 1 million SEC. 9. EFFECTIVE DATE. ater are also the survivors of the ‘‘Hell people visit a tanning salon. It is a (a) IN GENERAL.—Except as provided in Ships’’ where servicemembers were practice particularly popular among subsection (b), this Act shall take effect on placed in cargo ships destined for Japa- teens, the group that seems most at the date that is 90 days after the date of en- nese industrial sites. These ships were risk from the effects of indoor tanning. actment of this Act. (b) BATFE AUTHORITY.— usually incredibly overcrowded and The American Academy of Derma- (1) IN GENERAL.—Sections 6 and 7 shall take American POWs were subject to the tology, the Food and Drug Administra- effect on the date of enactment of this Act. horrific sanitary and living conditions. tion, FDA, the National Institutes of

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00103 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8828 CONGRESSIONAL RECORD — SENATE August 3, 2006 Health, NIH, the Centers for Disease This is mainly due to a lower number will be able to provide CHCs much Control and Prevention, CDC, and the of specialty referrals and fewer overall needed security in knowing that their World Health Organization, WHO, all hospital admissions. CHCs effectively employees will have steady access to discourage the use of indoor tanning demonstrate how focusing on primary affordable health insurance. equipment. and preventive care can help keep indi- I believe that in the long run, CHCs This message and the current infor- viduals healthier, which ultimately en- will be able to achieve a great deal of mation about the risks of indoor tan- hances their lives and saves the broad- savings by purchasing health coverage ning I fear are not being adequately er health care system money. Above for their employees through FEHBP. passed on to consumers. The FDA has and beyond the efficiencies CHCs have Premiums for policies purchased not updated its warnings on tanning achieved in service delivery, patients through FEHBP consistently grow at a beds since 1979. Regular users of indoor report overwhelming satisfaction for much slower rate than other commer- tanning beds deserve to be fully in- the treatment they are provided. cial policies. Every dollar CHCs save in formed. Health care providers across the spec- employee benefit costs can be redi- The TAN Act calls upon the FDA to trum would be well-served by emu- rected into medical care for the vulner- revisit the current label on indoor tan- lating CHCs’ example of delivering af- able populations they serve. Access to ning beds and determine through a fordable, high-quality health care in an FEHBP coverage also may help some process of public hearings and con- efficient manner. sumer testing what kind of labeling re- Given the enormous value CHCs have CHCs provide health benefits to their quirements would convey important in- to the U.S. health care system, I be- employees for the first time. This could formation on the risks of indoor tan- lieve Congress should do all it can to help recruit much needed medical per- ning. support their mission. I commend sonnel in underserved and rural com- This legislation is not about intro- President Bush’s commitment to in- munities. I am hopeful health centers ducing new regulations but ensuring creasing funding for health center ex- in rural parts of my State will be able that the current FDA regulations re- pansion in recent years. I am pleased to attract the physicians they so des- main effective in communicating accu- the administration’s request for $180 perately need by offering them FEHBP rate, current, and clear information to million in new funding in fiscal year coverage. consumers of indoor tanning salons. 2007 was included in the Senate’s There is wide support for CHCs in the I look forward to working with my version of the budget resolution. As the Senate, as evidenced by the introduc- colleagues towards passage of this im- appropriations process continues to tion of two other CHC-related measures portant, bipartisan legislation. Mr. move forward, I hope that those much- this week. Senator BINGAMAN and I also President, I ask unanimous consent needed funds are ultimately approved are filing the Strengthen the Safety that the text of the bill be printed in by Congress. Net Act that will allocate unspent the RECORD. The bill I am filing today will com- Medicaid disproportionate share hos- pliment the increased funding CHCs pital funds to CHCs and other commu- By Mr. SMITH (for himself, Mr. have received in recent years. Just like nity-based health care providers. And, I BINGAMAN, and Ms. MUR- businesses across the nation, health am joining a bipartisan group of my KOWSKI): centers are coping with the rising cost colleagues in introducing the CHC Re- S. 3813. A bill to permit individuals of providing health benefits to their authorization Act to ensure that CHCs who are employees of a grantee that is employees. Premiums for private can continue providing health care to receiving funds under section 330 of the health insurance grew by 9.5 percent in some of our most vulnerable citizens Public Health Service Act to enroll in 2005—the fifth consecutive year of in- for years to come. I hope the Senate’s health insurance coverage provided creases over 9 percent. Because CHCs leadership will move this package of under the Federal Employees Health operate on very limited budgets, it has three bills quickly through the process, Benefits Program; to the Committee on become more and more difficult for as a sign of appreciation for the impor- Homeland Security and Governmental them to absorb these increased costs tant role CHCs play in the U.S. health Affairs. while continuing to provide affordable care system. Mr. SMITH. Mr. President, today I health care to their patients. am introducing the Community Health It is important to note that CHCs By Mr. SMITH (for himself and Center Employee Health Coverage Act, rely upon the Federal Government for Mrs. LINCOLN): a bill that will help provide community more than half of their operating reve- health centers, CHCs, better access to nues. Each year, health centers receive S. 3815. A bill to improve the quality more affordable health insurance for 26 percent of their funding from direct of, and access to, long-term care; to the their employees. I am pleased to have Federal grants and another 36 percent Committee on Finance. my colleagues Senators BINGAMAN and from the Medicaid Program. Because Mr. SMITH. Mr. President, I rise MURKOWSKI join me as original cospon- CHCs are predominantly a Federal en- today to introduce the Long-Term Care sors on this important proposal. terprise, I believe it makes sense for Quality and Modernization Act of 2006. CHCs form the backbone of the Na- them to be able to reap many of the I am pleased to be joined by my col- tion’s health care safety net. They pro- same benefits of other Federal entities. league, Senator BLANCHE LINCOLN of vide essential medical services to some That is why the bill I am filing today Arkansas. of our most vulnerable citizens, includ- would allow CHCs to purchase more af- ing the uninsured and Medicaid and fordable health insurance coverage for As chairman of the Senate Special Medicare beneficiaries. In my home their employees through the Federal Committee on Aging, I am committed State of Oregon, health centers provide Employee Health Benefits Program, to improving the financing and deliv- over 130 points of access, where up- FEHBP. ery of long-term care. The Centers for wards of 180,000 individuals receive care Allowing federally funded entities to Medicare and Medicaid Services esti- each year. Approximately 41 percent of purchase health coverage through mate that national spending for long- those served are uninsured and 36 per- FEHBP is not unprecedented. Employ- term care was almost $160 billion in cent are on Medicaid, and most all re- ees of Gallaudet University and certain 2002, representing about 12 percent of side in either a rural or economically U.S. Department of Agriculture grant- all personal health care expenditures. depressed area. Clearly, CHCs have an ees already are able to participate in While those numbers are already stag- important role in ensuring that those FEHBP as if they were directly em- gering, we also know that the need for who otherwise might be unable to af- ployed by the Federal Government. long-term care is expected to grow sig- ford health coverage have access to the Considering that CHC providers are al- nificantly in coming decades. Almost care they need. ready deemed ‘‘Federal employees’’ for two-thirds of people receiving long- CHCs also serve their patients in a the purpose of receiving medical liabil- term care are over age 65, with this very efficient manner. Studies have ity protection through the Federal number expected to double by 2030. shown that care provided Medicaid pa- Government, it is a logical next step to I know that providing quality long- tients at CHCs costs 30 percent less allow them to purchase health cov- term care services for America’s frail, than care provided in other settings. erage through FEHBP. In doing so, we elderly, and disabled is the priority of

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00104 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2006 CONGRESSIONAL RECORD — SENATE S8829 nursing homes and assisted-living fa- cigarettes and other tobacco products alty of up to $5,000 or 10 times the esti- cilities. I applaud their work but recog- through the mail create opportunities mated retail value of the tobacco prod- nize we must do more to improve care for tax evasion, but it also creates an ucts, including all Federal, State, and and contain costs. When you consider easy means through which children and local taxes, whichever is highest, for a that 8 of 10 nursing home residents rely young people can obtain these poten- first violation. Civil penalties of up to on Medicare and Medicaid for their tially deadly products. $100,000 would be imposed for a second long-term care needs, it is apparent Tobacco remains the No. 1 prevent- or each subsequent violation. that Congress has a responsibility to able cause of death in the United Mr. President, the U.S. Postal Serv- improve these programs so they are States today, accounting for more than ice should not be the delivery agent for sustainable for years to come. 400,000 deaths a year and billions of dol- illegal cigarette traffickers. The legis- That is why I am introducing the lars in health care costs. Moreover, to- lation I am introducing today will Long-Term Care Quality and Mod- bacco addiction is a ‘‘teen-onset’’ dis- close a loophole that has allowed Inter- ernization Act of 2006 with Senator ease: Ninety percent of all smokers net and mail order companies to cir- LINCOLN. This bill will address several start before they are 21. If we are to cumvent the law, and I urge my col- problems nursing homes are experi- put an end to this tragic, yet prevent- leagues to support this reform. encing with payments, regulations, able, epidemic, we must accelerate our workforce shortages, taxes, and dis- efforts not only to help more smokers By Mr. HATCH (for himself and aster preparedness funding. The issue to quit, but also to discourage young Mr. LEAHY): of long-term care expenditures need people from ever lighting up in the not be an insurmountable task. It will first place. S. 3818. A bill to amend title 35, require action and cooperation by pub- Internet sales of tobacco are growing United States Code, to provide for pat- lic officials and private providers as we and growing fast. Unfortunately, effec- ent reform; to the Committee on the work to find ways to help Americans tive safeguards against illegal sales to Judiciary. become better prepared for their long- young people are virtually nonexistent Mr. HATCH. Mr. President, I rise term care needs. on the more than 400 Web sites selling today to introduce with Senator LEAHY However, we cannot do it alone. Indi- tobacco, making it easier and cheaper the Patent Reform Act of 2006. viduals must take responsibility and for kids to buy cigarettes. This bill addresses many of the issues begin planning for their long-term care A 2002 American Journal of Public and problems that my colleague, Sen- needs. With our national savings rate Health study found that 20 percent of ator LEAHY, and I have identified in steady decline, I fear the American cigarette-selling Web sites do not say through a series of hearings and discus- middle class is woefully unprepared to anything about sales to minors being sions with stakeholders. We also had meet the coming challenges of their prohibited. More than half require only the benefit of knowing the priorities long-term care. As we move forward in that the buyer say they are of legal identified by Chairman LAMAR SMITH our effort to help individuals stay fi- age. Another 15 percent require only and Ranking Democratic Member BER- nancially stable in their later years, we that the buyer type in their date of MAN, who have introduced an analogous must encourage them to purchase long- birth, and only 7 percent require any bill in the House. term care insurance and save for long- driver’s license information. I would like to thank the Senator term care services. Included in the bill It is no wonder that Internet LEAHY for all of his hard work and as- I am introducing today is the Long- ‘‘stings’’ conducted by attorneys gen- sistance in developing this bill and for Term Care Trust Account Act of 2006. eral in at least 15 States have found his willingness to reach a compromise My legislation will create a new type of that children as young as 9 years old on those issues where our policy views savings vehicle for the purpose of pre- are able to purchase cigarettes easily. conflicted. paring for the costs associated with One study in The Journal of the Amer- long-term care services and purchasing ican Medical Association reported that This bill is not perfect, and is not the long-term care insurance. An indi- kids as young as 11 were successful bill that either I or my esteemed co- vidual who establishes a long-term care more than 90 percent of the time in sponsor would have introduced inde- trust account can contribute up to purchasing cigarettes over the Inter- pendently, but I believe that it fairly $5,000 per year to their account and re- net. Moreover, since Internet cigarette reflects a compromise between my pri- ceive a refundable 10 percent tax credit vendors typically require a two-carton orities and the priorities of Senator on that contribution. Interest accrued minimum purchase, many high school LEAHY. on these accounts will be tax free, and and middle school buyers of Internet We have also attempted to achieve funds can be withdrawn for the pur- tobacco also end up serving as sup- some balance between the priorities chase of long-term care insurance or to pliers of cigarettes to other kids. identified by the various industries and pay for long-term care services. The In an effort to combat this problem, stakeholders that we consulted while bill will also allow an individual to all of the major credit card companies formulating our policy views in this make contributions to another person’s have taken steps to ensure that their area. long-term care trust account. This will systems are not used to process pay- I am sure that further refinements help many people in our country who ments for illegal cigarette sales. More- will be made to this bill during the leg- want to help their parents or a loved over, all of the major commercial car- islative process, so I would encourage one prepare for their health care needs. riers—UPS, DHL and FedEx—have those who are either pleased or dis- It is my hope that this legislation agreed to put a stop to the mail order pleased by any of the aspects of the bill will help all Americans save for their sale and delivery of tobacco products. to continue working with us to resolve long-term care needs. I urge my col- This leaves our U.S. Postal Service as any outstanding issues. leagues on both sides of the aisle to the sole remaining courier for the de- This bill addresses many of the prob- support this important bill. livery of tobacco products to minors. I believe that it is time for us to close lems with the substantive, procedural, By Ms. COLLINS: this final delivery gap so that ciga- and administrative aspects of the pat- S. 3816. A bill to prohibit the ship- rettes and other tobacco products are ent system, which governs how entities ment of tobacco products in the mail, not so easily accessible to our Nation’s here in the United States apply for, re- and for other purposes; to the Com- children. ceive, and eventually make use of pat- mittee on Homeland Security and Gov- The Postal Code already makes it il- ents covering everything from com- ernmental Affairs. legal to mail alcoholic beverages and puter chips to pharmaceuticals to med- Ms. COLLINS. Mr. President, I rise guns. The legislation I am introducing ical devices to—I am told—at least one today to introduce legislation that will today will amend title 39 of the United variety of crustless peanut butter and help crack down on illegal sales of to- States Code to add cigarettes and jelly sandwich. bacco to underaged young people by smokeless tobacco to the list of re- As the Founding Fathers made clear banning the shipment of cigarettes and stricted, nonmailable matter. Any per- in Article 1, section 8 of the Constitu- other tobacco products through the son found guilty of mailing such a tion, Congress is charged with U.S. mail. Not only does the delivery of product would be liable for a civil pen- ‘‘promot[ing] the Progress of Science

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00105 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8830 CONGRESSIONAL RECORD — SENATE August 3, 2006 and useful Arts, by securing for limited Much of this language is similar to lan- Finally, this section also contains a Times to Authors and Inventors the ex- guage in previous bills. However, as I repeal of Section 271(f) of Title 35. clusive Right to their respective have mentioned, several significant Under current law, either a foreign or Writings and Discoveries.’’ issues remain unresolved, and we will domestic patent holder may be able to There is a growing consensus among continue to work with stakeholders obtain damages based on foreign uses those who use the patent system that and other members to ensure an appro- of domestically-manufactured compo- significant reform is needed. priate resolution. nents of an infringing article. In es- While there appears to be a high de- Section 5 changes the remedies avail- sence, current law provides for the gree of consensus on some issues relat- able to plaintiffs in patent infringe- extraterritorial application of domes- ing to patent reform—such as the ad- ment suits, as well as the available de- tic law in a manner that benefits for- visability of creating a new post-grant fenses to patent infringement. The two eign manufacturers and patentees in review process, there are significant most substantial changes involve limi- some situations. disagreements about other changes to tations on the availability of enhanced the patent system and about how best damages upon a showing of ‘‘willful’’ Section 6 contains procedures for in- to streamline patent litigation. infringement by a plaintiff and a par- stituting a new type of post-grant re- By all accounts, patent litigation has allel limitation on the availability of view preceding that will allow the va- become a significant problem in some unenforceability under the doctrine of lidity of a patent to be challenged in an industries. There are a number of fac- ‘‘inequitable conduct.’’ Willfulness and administrative proceeding conducted tors in patent law that drive up the inequitable conduct were two of the by the Patent and Trademark Office cost and uncertainty of litigation in three major subjective elements that rather than in court litigation. ways that are unjustified. However, were identified in a major report on the Under current law, there are narrow some of the principal problems and current patent system by the National reexamination procedures by which the costs associated with patent litigation Research Council of the National Acad- PTO may reconsider a patent’s validity are not uniform across industrial sec- emy of Sciences. The report, entitled at the request of an interested party. tors. This has led to substantial and ‘‘A Patent System for the 21st Cen- However, current reexamination pro- sometimes vociferous disagreements tury,’’ recommended limiting both ceedings are very limited and do not about the nature of the underlying willfulness and the inequitable conduct allow for a full consideration of a pat- problems and, thus, what the appro- defense to streamline patent litigation. ent’s validity. As a result, even when priate solutions might be. We have We were unable to reach agreement on reexamination is available, potential done our best to resolve these disagree- repealing the ‘‘best mode’’ require- litigants generally wait to challenge a ments based on our judgment about ment, which was the third subjective patent’s validity until an infringement what is likely to preserve a balance be- element identified both in the report suit has been brought despite the high- tween patent holders and alleged in- and by various stakeholders, but I am er costs and prolonged uncertainty of fringers in these actions. hopeful that we will continue to work doing so. There is also substantial consensus toward a mutually-acceptable com- regarding a number of basic, structural promise on that issue. I believe that by adopting a more ro- changes to the patent system. The Section 5 also contains a provision bust post-grant review proceeding we most significant of these involves mov- expanding ‘‘prior user rights.’’ These are providing a more efficient means of ing from our current first-to-invent prior user rights are, in reality, a de- challenging a patent’s validity in an system to something approximating a fense to infringement liability for administrative proceeding. This is nec- first-to-file rule in determining which those making or preparing to make essary to address systemic problems in of two conflicting inventors has the commercial use of an invention prior our patent system, making post-grant right to obtain a patent. to a patent being issued. Prior to a pat- review an essential component of any While there is general agreement re- ent’s issuance, such a user often has no meaningful reform legislation. While garding some of the changes necessary way of knowing that he is—or will be— there appears to be substantial agree- to move toward a first-to-file system, infringing a patent. In some cases, the ment regarding the need for a more there are some disagreements that re- user has independently invented the meaningful post-issuance review, there main unresolved by the current lan- subject matter in question, in which are strong disagreements over its spe- guage of this bill. Although we have case it would be inequitable to subject cific attributes and scope. done our best to preserve many of the him or her to infringement liability. During hearings conducted in the principles defining what constitutes Currently, the prior user defense is Subcommittee on Intellectual Prop- ‘‘prior art’’ under current law, patent available only with respect to method erty and during meetings with stake- experts continue to disagree over patents. The bill expands the prior user holders, we encountered widely dis- whether we have achieved this goal. defense to all categories of patents and parate proposals and suggestions re- Additionally, shortly before intro- makes related changes to this defense. garding post-grant review from stake- duction, a concern emerged that we Additionally, Section 5 contains two holders, academics, and lawmakers. At had not adequately preserved the of the more controversial provisions in one end of the spectrum are proposals changes enacted by the Cooperative the bill. The first is a rough codifica- that would create a low-cost, stream- Research and Technology Enhance- tion of an ‘‘apportionment’’ rule for lined proceeding by simply expanding ment Act—CREATE Act, P.L. 108–453— calculation of damages. There is an ex- the current inter partes reexamination. involving some types of double pat- isting, uncodified rule for such appor- At the other end of the spectrum are enting. Since Senator LEAHY and I tionment that exists in case law. How- those that would like to see the cre- were original cosponsors of that law, I ever, codifying the rule will increase ation of specialized patent courts that can assure you that we will be recep- its clarity and mandate its application would partially supplant Federal court tive to concerns in this regard and try in all appropriate cases. litigation. With this bill, we have in- to fix them. The second controversial provision in troduced a proposal that falls some- With that preface, I would like to dis- this section is a mandatory fee shifting where in between these two extremes. cuss several of the more significant provision. The language of this provi- changes made to the current patent sion requires courts to award attor- This bill institutes a robust post- system by this bill. neys’ fees to a prevailing party in cases grant opposition system. The new pro- Sections 1 and 2 of the bill contain where the non-prevailing party’s legal cedures for post-grant cancellation pro- the short title, table of contents, and position was not substantially justi- ceedings create a new system for chal- other similar provisions. Sections 3 and fied. This language is similar to the lenging the validity of problematic or 4 contain amendments to implement test used in the Equal Access to Jus- suspect patents, which will allow those the first-to-file rule and other changes tice Act. This provision is intended to who are concerned about infringing to the manner in which patent applica- discourage litigation in those cases such a patent to test its validity in an tions are filed with the Patent and where a plaintiff’s or defendant’s case administrative proceeding instead of Trademark Office and the process gov- is so weak as to be objectively unrea- waiting to assert invalidity as a de- erning the examination of applications. sonable. fense in an infringement action. The

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00106 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2006 CONGRESSIONAL RECORD — SENATE S8831 new procedures are tiered in such a court. Still others have suggested that ceived input from a number of voices in way as to encourage challenges to increased expertise among the district debate about patent reform. We delved occur within the first year after a pat- court judges trying patent cases might deeply into the myriad problems plagu- ent’s issuance. After the one-year result in a lower reversal rate. In that ing our patent system, especially those ‘‘first window,’’ challenges may still be regard, I should note that Congressman that hinder the issuance of high-qual- brought by those who are able to dem- ISSA has a bill authorizing a pilot ity patents. onstrate a substantial economic stake project that appears to be a promising In introducing this bill together, we in the outcome of the proceeding. To approach to increasing the expertise of take a productive step toward updating deter piecemeal litigation, if a party Federal judges who handle patent the most outdated aspects of the pat- institutes a proceeding after the first cases, and I am considering introducing ent code and attempt to bolster the year, any challenge to patentability a similar bill here in the Senate. While Patent and Trademark Office in its ad- available to that party with respect to I am not wedded to any particular ap- the patent must be either raised or proach or combination of approaches, I ministrative review of patents waived. Thus, a challenger who partici- believe this is an issue that should re- throughout the process. We are striv- pates in a proceeding outside the first ceive serious attention and consider- ing to place incentives on the parties year is estopped from raising any ation by Congress. with the most information to assist the grounds relating to patentability that Section 9 of the bill includes addi- PTO by sharing that information. We were or could have been raised in the tional statutory changes that either place our patent system in line with previous challenge. implement or complement provisions much of the rest of the world, by mov- In addition to the new post-grant re- found elsewhere in the bill. It also in- ing from a ‘‘first-to-invent’’ system to view proceedings, language in section 9 cludes expanded authority for the PTO a ‘‘first-to-file.’’ of this bill makes substantial improve- to conduct substantive rulemaking, as Congress needs to address the urgent ments to the existing inter partes reex- well as the changes to the inter partes needs for revision and renewal in our amination proceeding that are based on reexamination procedures that I men- patent system, and we must harness recommendations from the PTO and tioned previously. the impressive intellectual power and stakeholders. The most significant Section 10 includes a generic effec- varied experiences of all the players in change to the reexamination pro- tive date provision. Obviously, I will the patent community as we finalize ceedings is the modification of the es- need to modify the effective dates of our new laws. I believe that, while in- toppel effect of such proceedings. Cur- the various provisions in the bill once troducing this bill today is not the end rently, participants in an inter partes we have been able to assess the dif- of the process—and indeed, in many re- reexamination are barred from subse- ficulty of implementing various provi- spects, it is truly the beginning—it is a quently raising any grounds they sions in this bill. significant accomplishment that we ‘‘raised or could have raised.’’ Thus, In closing, I would like to thank my have come together to set down a com- parties who wish to challenge a patent cosponsor, the senior Senator from prehensive approach to overhauling our more than a year after its issuance will Vermont, for all the work he has put patent system. If the United States is have the option of bringing a narrow into this bill and to compliment his in- challenge that will not subject them to tellectual property counsel, Susan Da- to preserve its position at the forefront full estoppel as an alternative to bring- vies, for her efforts as well. I am com- of innovation, as the global leader in ing a full post-grant opposition pro- mitted to moving this legislation for- intellectual property and technology, ceeding or reserving their arguments ward and hope that my colleagues will then we need to move forward, and this for court. This approach provides a join me in my efforts to refine and bill is our first step. We must improve range of alternatives to legitimate enact this important bill. and enhance the quality of our patent challengers, while still providing bal- Mr. LEAHY. Mr. President, the Sen- system and the patents it produces. anced protections against harassing or ate is about to adjourn for its August This legislation is not an option but abusive litigation for the patentee. recess—4 weeks when we get to recon- a necessity. Senator HATCH and I have Section 8 would amend the current nect with our constituents, catch up on made genuine progress on this complex statutory provision that determines the concerns of our home States, and issue. We agreed on many salutary the appropriate venue for patent litiga- study our legislative plans with a changes, but it can be no surprise that tion. The intent of the venue language depth and attention that we cannot de- we differed on some aspects of the ef- is to serve as a starting point for dis- vote during the hectic days we are in fort as well. Recognizing the critical cussions as to what restrictions—if session. Some of us may even spend a importance of compromise, of offering any—are appropriate on the venue in little time with our families and a bill to the interested public to study which patent cases may be brought. friends. As I have done in years past, I and improve, and of taking a clear first Section 8 also contains a provision al- will be in Vermont. The choice between step down the path to genuine reform, lowing for interlocutory appeals of de- spending August in Washington, DC, or we both made concessions. This is not cisions involving the claim construc- Middlesex, VT, has always been an easy the bill I would have introduced if I tion of a patent. Again, this language one for me. were the sole author, and I expect Sen- When the Senate is in session, our is intended to generate discussion ator HATCH would say the same. I ap- about the current interplay between obligations are many and varied, as im- preciate the concessions that Senator portant as they are diverse. We hold the Federal district and appellate HATCH made. I have tried to be both courts. As both academics and the pat- hearings, and then we pursue followup reasonable and accommodating in hon- ent bar have noted, the resolution of questions. We try to engage in over- oring my commitment to him—a com- the legal questions involving claim sight, though that has not been a par- mitment that he requested specifi- construction appear to be taking up a ticularly fruitful exercise with this cally—to introduce a bill before the current administration. We investigate greater and greater portion of the August recess. docket of the Federal circuit court of issues, and then we endeavor to craft appeals. solutions. We vote and we caucus and In particular, I am concerned about Given the high percentage of rever- we deliberate. how some of the changes proposed sals on claims construction issues, It is not always a process that yields would affect the generic pharma- some experts believe that an interlocu- results, but today I can report it has. I ceutical industry, especially the provi- tory appeal of Markman decisions am pleased to join with the chairman sion that would limit the ‘‘inequitable might allow parties to resolve disputes of the Intellectual Property Sub- conduct’’ defense to only those cases in as to claim construction more deci- committee today in introducing a bi- which a patentee’s willful deception of sively prior to proceeding to a full partisan bill on patent reform. The bill the PTO results in an invalid patent trial. Alternatively, other experts be- is the result of almost 2 years of hard claim. While I think we should expect lieve that a return to the treatment of work on hard issues. We held several the highest caliber of behavior by those claims construction as a mixed ques- hearings, had innumerable meetings who are seeking patents—which are, tion of law and fact might induce more with a universe of interested partici- after all, often highly profitable gov- deferential review by the appellate pants in the patent system, and re- ernment monopolies—surely we can at

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00107 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8832 CONGRESSIONAL RECORD — SENATE August 3, 2006 least insist on an absence of affirma- text of the fact sheet on the legislation State plan for disproportionate share hos- tive deceit. I hope and expect that we be printed in the RECORD. pital adjustments for fiscal year 2000 is can continue the discussion on this There being no objection, the text of greater than 0); and issue as the year progresses. the bill was ordered to be printed in ‘‘(II) then to eligible States whose State DSH allotment per medicaid enrollee and un- I also want to ensure the delicate the RECORD, as follows: insured individual for the third preceding fis- balance we have struck in the post- S. 3819 cal year is below the national average DSH grant review process and make certain Be it enacted by the Senate and House of Rep- allotment per medicaid enrollee and unin- that the procedure is both efficient and resentatives of the United States of America in sured individual for that fiscal year. effective at thwarting some strategic Congress assembled, ‘‘(C) EXPENDITURE RULES.—An amount al- behavior in patent litigation and at SECTION 1. SHORT TITLE. lotted to a State from the redistribution promoting a healthier body of existing This Act may be cited as the ‘‘Strength- pool established for a fiscal year— patents. Fee-shifting, even in a limited ening the Safety Net Act of 2006’’. ‘‘(i) shall not be included in the determina- tion of the State’s DSH allotment for any set of cases, likewise raises concerns SEC. 2. REDISTRIBUTION AND EXTENDED AVAIL- fiscal year under this section; ABILITY OF UNEXPENDED MEDICAID that should have a more public airing. ‘‘(ii) notwithstanding any other provision I respect the necessity for consid- DSH ALLOTMENTS. Section 1923(f) of the Social Security Act of law, shall remain available for expendi- ering and balancing a number of dif- (42 U.S.C. 1396r–4(f)) is amended— ture by the State through the end of the sec- ferent concerns as we draft comprehen- (1) in paragraph (3)(A), by striking ‘‘para- ond fiscal year after the fiscal year in which sive and complicated legislation. I will graph (5)’’ and inserting ‘‘paragraphs (5) and the allotment from the redistribution pool is never sacrifice the quality of the laws (7)’’; made for expenditures incurred in any of we produce to expediency, but I recog- (2) by redesignating paragraph (7) as para- such fiscal years; and graph (8); and ‘‘(iii) shall only be used to make payment nize the utility of such compromises adjustments to disproportionate share hos- when, as with this bill, introduction is (3) by inserting after paragraph (6), the fol- lowing new paragraph: pitals in accordance with the requirements a first step in a larger and longer dis- of this section. ‘‘(7) REDISTRIBUTION AND EXTENDED AVAIL- cussion. ‘‘(D) DEFINITIONS.—In this paragraph: ABILITY OF UNEXPENDED ALLOTMENTS.— ‘‘(i) ELIGIBLE STATE.—The term ‘eligible I am extremely pleased that Senator ‘‘(A) ESTABLISHMENT OF REDISTRIBUTION State’ means, with respect to the fiscal year HATCH and I have come together to POOL.— from which a redistribution pool is estab- tackle these important and urgent ‘‘(i) IN GENERAL.—Subject to clauses (ii) issues. Many hours of hard work were and (iii), the Secretary shall establish, as of lished under subparagraph (A)(i), a State that has expended at least 90 percent of the spent by both of our offices to develop October 1 of fiscal year 2007, and of each fis- State DSH allotment for that fiscal year by legislative language so that we can, cal year thereafter, the following redistribu- tion pool: the end of the succeeding fiscal year. today, jointly introduce a bill to move ‘‘(ii) STATE DSH ALLOTMENT PER MEDICAID the debate forward. The bill is a re- ‘‘(I) In the case of fiscal year 2007, a $150,000,000 redistribution pool from the total ENROLLEE AND UNINSURED INDIVIDUAL.—The markable achievement and a substan- amount of the unexpended State DSH allot- term ‘State DSH allotment per medicaid en- tial step toward real reform. I look for- ments for fiscal year 2004. rollee and uninsured individual’ means the ward to continuing to work with Sen- ‘‘(II) In the case of fiscal year 2008, a amount equal to the State DSH allotment for a fiscal year divided by the sum of the ator HATCH, other members of the Sen- $250,000,000 redistribution pool from the total ate Judiciary Committee, and the af- amount of the unexpended State DSH allot- number of individuals who received medical assistance under the State program under fected parties on these matters. ments for fiscal year 2005. ‘‘(III) In the case of fiscal year 2009 and this title for that fiscal year and the number each succeeding fiscal year thereafter, a of State residents with no health insurance By Mr. BINGAMAN (for himself, coverage for that fiscal year, as determined Mr. SMITH, Mrs. LINCOLN, Mr. $400,000,000 redistribution pool from the total amount of the unexpended State DSH allot- by the Bureau of the Census. PRYOR, and Mr. AKAKA): ments for the third preceding fiscal year. ‘‘(iii) NATIONAL AVERAGE DSH ALLOTMENT PER MEDICAID ENROLLEE AND UNINSURED INDI- S. 3819. A bill to amend title XIX of ‘‘(ii) UNEXPENDED STATE DSH ALLOT- VIDUAL.—The term ‘national average DSH al- the Social Security Act to provide for MENTS.—If a State claims Federal financial redistribution and extended avail- participation for a payment adjustment lotment per medicaid enrollee and uninsured ability of unexpended medicaid DSH al- made under this section for a fiscal year individual’ means the amount equal to the total amount of State DSH allotments for a lotments, and for other purposes; to from which a redistribution pool of unex- fiscal year divided by the sum of the total the Committee on Finance. pended State DSH allotments has already been created under clause (i), then, for pur- number of individuals who received medical Mr. BINGAMAN. Mr. President, I rise assistance under a State program under this today to introduce legislation with poses of this paragraph, the total amount of unexpended State DSH allotments in the fis- title for that fiscal year and the total num- Senators SMITH, LINCOLN, PRYOR, and cal year following the State claim for such ber of residents with respect to all States AKAKA entitled the ‘‘Strengthening the Federal financial participation, shall be re- who did not have health insurance coverage Safety Net Act of 2006.’’ This legisla- duced by the Federal financial participation for that fiscal year, as determined by the Bu- tion is important to the continued sur- related to such claim. reau of the Census.’’. vival of many of our Nation’s safety ‘‘(iii) REDUCTION IN AMOUNTS AVAILABLE.—If SEC. 3. HEALTH SERVICES FOR THE UNINSURED. net hospitals that provide critical the total amount of the unexpended State (a) DEMONSTRATION GRANTS TO HEALTH AC- health care access to our Nation’s 46 DSH allotments for a fiscal year (taking into CESS NETWORKS.— million uninsured citizens through the account any adjustment to such amount re- (1) IN GENERAL.—The Secretary of Health quired under clause (ii)) is less than the and Human Services (in this section referred Medicaid disproportionate share hos- amount necessary to provide, for such fiscal to as the ‘‘Secretary’’) shall award dem- pital, or DSH, program. year, the redistribution pool described in onstration grants to health access networks. In recognition of the burden certain clause (i) and the amounts to be made avail- (2) APPLICATION.—Each applying health ac- hospitals bear in providing a large able for grants under section 3(g) of the cess network shall submit a plan that meets share of health services to the low-in- Strengthening the Safety Net Act of 2006 for the requirements of subsection (c) for the come patients, including Medicaid and such fiscal year, the Secretary shall reduce purpose of improving access, quality, and the uninsured, the Congress established the amounts that are to be available for the continuity of care for uninsured individuals the Medicaid DSH program in the mid- redistribution pool under this paragraph and through better coordination of care by the grants under such section, respectively, to network. 1980s to give additional funding to sup- such total amount. (3) AUTHORITY TO LIMIT NUMBER OF port such ‘‘disproportionate share’’ ‘‘(B) REDISTRIBUTION.— GRANTS.—The number of demonstration hospitals. By providing financial relief ‘‘(i) IN GENERAL.—Not later than October 1, grants awarded under this section shall be to these hospitals, the Medicaid DSH 2006, and October 1 of each year thereafter, limited, in the discretion of the Secretary, so program maintains hospital access for the Secretary shall allot the redistribution that grants are sufficient to permit grantees the poor. As the National Governors pool established for that fiscal year among to provide patient care services to no fewer Association has said, ‘‘Medicaid DSH’s eligible States. than the number of uninsured individuals specified by each network in its grant appli- funds are an important part of state- ‘‘(ii) PRIORITY.—In making allotments under clause (i), the Secretary shall give pri- cation. wide systems of health care access for ority— (b) DEFINITION OF HEALTH ACCESS NET- the uninsured.’’ ‘‘(I) first to eligible States described in WORK.— Mr. President, I request unanimous paragraph (5)(B) (without regard to the re- (1) IN GENERAL.—In this section, the term consent for the text of the bill and the quirement that total expenditures under the ‘‘health access network’’ means a collection

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00108 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2006 CONGRESSIONAL RECORD — SENATE S8833 of safety net providers, including hospitals, vision or purchase of services, such as spe- In part, this legislation would permit a re- community health centers, public health de- cialty medical care and diagnostic services, distribution of unused DSH funds to states partments, physicians, safety net health that are not available or are insufficiently that have lower DSH allotments. Two cat- plans, or other recognized safety net pro- available through the network’s providers. egories of states would be prioritized to re- viders organized for the purpose of restruc- In purchasing such services for uninsured ceive redistributed DSH money to supple- turing and improving the access, quality, and underinsured individuals, networks ment their existing DSH allotment: (1) low and continuity of care to the uninsured and shall, to the maximum extent feasible, en- DSH states (i.e. states that are designated by underinsured, that offers patients access to deavor to purchase such services from safety the MMA as a low DSH state due to DSH ex- all levels of care, including primary, out- net providers. penditures being less than 3 percent of total (f) SUPPLEMENT, NOT SUPPLANT.—Funds patient, specialty, certain ancillary services, Medicaid expenditures in fiscal year 2000) paid to a health access network under a and acute inpatient care, within a commu- and (2) states whose DSH allotment per Med- grant made under this section shall supple- nity or across a broad spectrum of providers icaid enrollee and uninsured individual is across a service region or State. ment and not supplant, other Federal or State payments that are made to the health below the national average. Only states that (2) INCLUSION OF SECTION 330 NETWORKS AND have spent at least 90 percent of their DSH PLANS.—The term ‘‘health access network’’ access network to support the provision of health care services to low-income or unin- allotment would be eligible for the redis- includes networks and plans that meet the tribution. requirements for funding under section sured patients. 330(e)(1)(C) of the Public Health Service Act (g) FUNDING.— Redistributed DSH dollars also would fund (42 U.S.C. 254b(e)(1)(C)). (1) TRANSFER OF PORTION OF UNEXPENDED ‘‘Health Access Network’’ demonstration DSH ALLOTMENTS.—Notwithstanding any (3) INCLUSION OF INTEGRATED HEALTH CARE projects designed to improve access, quality, other provision of law, as of October 1 of fis- SYSTEMS.— and continuity of care for uninsured individ- cal year 2007, and each fiscal year thereafter, (A) IN GENERAL.—Such term also includes uals through better coordination of care. To an integrated health care system (including amounts described in paragraph (2) are here- obtain funding under this legislation, health a pediatric system). by transferred from the total amount of the access networks would be required to submit unexpended State DSH allotments under sec- (B) DEFINITION OF INTEGRATED HEALTH CARE a plan to the Secretary of the Department of tion 1923 of the Social Security Act (42 SYSTEM.—For purposes of this section, an in- Health and Human Services that details how U.S.C. 1396r–4) and made available for grants tegrated health care system (including a pe- the network plans to: diatric system) is a health care provider that under this section. Reduce costs associated with the provision is organized to provide care in a coordinated (2) AMOUNTS MADE AVAILABLE FOR of health care services to uninsured individ- fashion and assures access to a full range of GRANTS.—The amounts to be made available uals; Improve access to, and the availability primary, specialty, and hospital care, to un- under this section for each fiscal year begin- of, health care services provided to individ- insured and under-insured individuals, as ap- ning with fiscal year 2007 are equal to the re- uals served by the health access network; propriate. distribution pool amounts determined for (c) PLAN REQUIREMENTS.— each fiscal year under section 1923(f)(7)(A)(i) Enhance the quality and coordination of (1) IN GENERAL.—A health access network of the Social Security Act (42 U.S.C. 1396r– health care services provided to such individ- that desires a grant under this section shall 4(f)(7)(A)(i)) (as amended by section 2(3) of uals; Improve the health status of commu- submit a plan to the Secretary that details the Strengthening the Safety Net Act of nities served by the health access network; how the network intends to— 2006). and, Reduce health disparities in such com- munities. (A) manage costs associated with the pro- There being no objection, the addi- vision of health care services to uninsured tional material was ordered to be Health access networks would be required and underinsured individuals served by the to identify measurable performance targets printed in the RECORD, as follows: health access network; and demonstrate progress in order to qualify (B) improve access to, and the availability STRENGTHENING THE SAFETY NET ACT OF 2006 for future year funding. Grantees would have of, health care services provided to unin- This legislation, introduced by Senators to spend 90 percent of awarded funds for di- sured and underinsured individuals served by Bingaman, Smith, Lincoln, Pryor, and rect patient care services. the health access network; Akaka, would redistribute unused federal (C) enhance the quality and coordination Medicaid Disproportionate Share Hospital of health care services provided to uninsured (DSH) funds to strengthen and augment the By Mr. DURBIN: and underinsured individuals served by the nation’s health care safety net. Half of the s. 3820. A bill to expand broadband ac- health access network; redistributed funds would be used to increase cess for rural Americans; to the Com- (D) improve the health status of uninsured the availability of DSH funds to states cur- and underinsured individuals served by the rently receiving low or less than average mittee on Commerce, Science, and health access network; and DSH allotments and the other half would be Transportation. (E) reduce health disparities in the popu- used to fund integrated ‘‘health access net- Mr. DURBIN. Mr. President, I rise to lation of uninsured and underinsured individ- works’’ of community health centers, public introduce a bill entitled Broadband for uals served by the health access network. hospitals, and other safety net providers. Rural America Act of 2006. (2) IDENTIFICATION OF MEASURABLE GOALS.— These networks would be required to provide The health access network shall— high quality primary, outpatient, inpatient There is no question that broadband (A) identify in the plan measurable per- and specialty care to uninsured and other is an essential component of our lives, formance targets for at least 3 of the goals medically vulnerable populations. both at work and at home. Broadband described in paragraph (1); and In 2007, the bill would redistribute $300 mil- (B) agree that a portion of the payment of lion in unexpended funds; in 2008, $500 mil- access is becoming a vital service, grant funds for patient care services after lion; and in 2009 and thereafter $800 million. much like water, sewer, gas, and elec- the first year for which such payment is These levels would be prorated downward if tricity are essential resources for our made shall be contingent upon the health ac- there are insufficient unexpended funds to daily living. Our homes and businesses cess network demonstrating success in meet the statutory amounts. This legislation need affordable and easy access to an will: achieving such targets. always-on, high speed and high capac- (d) USE OF FUNDS.—A health access net- Keep funds allocated to the safety net with work that receives funds under this section the safety net; Provide money to test imple- ity Internet connection, much like our shall expend— mentation of high quality integrated net- homes and businesses need the tradi- (1) an amount equal to not less than 90 per- works of safety net providers; and, Allow tional utility services. networks of community health centers to cent of such funds for direct patient care Additionally, people who work out- services; and purchase specialty care services. (2) an amount equal to not more than 10 BACKGROUND side the confines of an office building percent of such funds for the network’s oper- Congress created the Medicaid DSH re- need broadband access on the go. Often, ation and development for the purpose of im- quirement in 1981 to ensure that state Med- it is not enough to have only a cell proving the efficiency and effectiveness of icaid programs provide adequate payments phone to remain in touch with your the business and clinical operations of pro- to hospitals whose patient populations are boss, coworker, client, or supplier. In viders within the health access network, in- disproportionately composed of low income today’s global economy, we need easy cluding through the integration of manage- Medicaid and uninsured patients. Medicaid methods to transfer a vast quantity of ment information systems (including devel- DSH payments have evolved into one of the opment and implementation of electronic most important sources of financing for the data, fast and reliably, even if we are medical records) and financial, administra- nation’s safety net. Each year, each indi- not near a landline phone, fax, or com- tive, or clinical functions across providers. vidual state is allocated a DSH allotment. puter terminal. (e) RULE OF CONSTRUCTION REGARDING DI- The allotments vary considerably from state Yet for so many Americans today, RECT PATIENT CARE SERVICES.—With respect to state and a state’s ability to draw-down to health access networks described in sub- its DSH allotment varies depending on its fi- broadband access is still a foreign con- section (b)(2), the term ‘‘direct patient care nancial resources. Each year, some states do cept. The digital divide remains a re- services’’ shall be construed to mean the pro- not utilize their entire DSH allotment. ality. Rural broadband deployment

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00109 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8834 CONGRESSIONAL RECORD — SENATE August 3, 2006 continues to lag behind urban deploy- lion, while sustaining an additional nology is best suited to serve their re- ment, and the differential continues to 61,000 jobs per year over the next 19 gion. grow, even as broadband usage has years. The study also projected 1.2 mil- And, if they discover that no existing grown significantly in our Nation. lion jobs could be created if next gen- provider wants to expand service to When I travel to small or rural towns eration broadband technology were where they are, based on the com- in downstate Illinois and elsewhere, I rapidly deployed. pany’s internal cost-benefit analysis, meet people who tell me that they can- In early 2004, President Bush called these groups are willing to start a com- not wait to have broadband, but that for universal and affordable access to munications service of their own, using there is no service available where they broadband by the year 2007, because it technology they can afford, to provide live. I am certain that all of my col- will enhance our Nation’s economic broadband for and by themselves. leagues in the Senate can identify with competitiveness and help improve edu- These good people do not want to be situations like this, where they have cation and health care for all Ameri- left out of the new economy. They need met constituents who are eager to cans. Kevin Martin, the chairman of our help. jump onto the Information Super- the Federal Communications Commis- highway, yet there is no on-ramp. sion, has said he is committed to ex- Yet, currently, there is no readily ac- According to a 2004 report issued by panding the number of broadband users cessible source of funding from the the U.S. Department of Commerce, in our country so that we can improve Federal Government for these groups only about 25 percent of rural house- our rank in the world. that are undertaking the critical early holds that use the Internet have I agree with both President Bush and stage groundwork. If they were already broadband access, compared to over 40 Chairman Martin. The administration, communications service providers, percent of the same households in the FCC, Congress, and the States can they could look for funding through urban areas. Similarly, the U.S. De- all contribute to closing the digital di- other programs, including the USDA’s partment of Agriculture’s 2005 report vide, ensuring that rural Americans Rural Utilities Service Program, the found that farm households have home are not left behind in the 21st century’s universal service fund, or the Small access to broadband at almost half the digital economy. Business Administration. They could level of all U.S. households nationwide. We need to work together to address also go to the financial markets to The Pew Internet and American Life this critical shortfall in our Nation’s seek venture capital and operating Project found similar results. In its infrastructure. We need a seamless na- funds from established private sector 2006 report, Pew found that only 18 per- tional network of broadband providers investors. cent of rural adults reported a home that will serve everyone in America. But as startup groups trying hard to broadband connection in the year 2005, Whether it is through telephone wire, serve their local or rural community’s compared to 31 percent of urban adults. cable, fiber, satellite, wireless, needs, they have few places to turn to All these different studies issued by powerline, or any other medium, we for financial assistance. various authorities point to a con- need every existing and future My bill creates a new Office of sistent conclusion: Americans living in broadband service provider to step up Broadband Access within the FCC that urban areas are almost twice as likely to the national challenge. would administer a trust fund from to have home broadband access as do That is why I am introducing a bill which Federal grants can be issued to their rural counterparts. that will encourage rapid deployment these startup groups. Under my bill, el- Contrary to popular belief, however, of high quality and affordable high igible entities include nonprofits, aca- rural households use computers and in- speed broadband service, especially in demic institutions, local governments, formation technology in ways that are the rural areas that desperately need and commercial companies that will very similar to their urban counter- this technology. work to identify broadband access parts. Thus, it appears that the main The Broadband for Rural America needs in unserved areas of the country. obstacle to improving rural broadband Act of 2006 includes five major provi- adoption is not differences in the users sions. Each provision is designed to The types of projects to be funded themselves, but in the availability and eliminate obstacles that hinder through this new program will include price of broadband service. broadband deployment in rural Amer- feasibility studies, mapping, economic It is clear that citizens in small ica today. analysis, and other activities under- towns and rural areas simply do not First, my bill creates a new Federal taken to determine the reasons for the have the same options that people in program specifically targeted to assist current lack of service and the scale, cities and urban areas do. And, in some people who are doing the necessary scope, and type of broadband services of the rural areas where broadband is work at the earliest stages to bring most suitable for the particular available, these customers often pay broadband to their communities. unserved area. more for inferior quality than cus- These are future customers who are To further assist with these startup tomers in the more populated areas. weary of waiting for telecommuni- projects, my bill requires the FCC to As our rural residents are falling be- cations and cable companies to eventu- collect more useful information from hind city dwellers, so too, is our Nation ally reach their corners of the State. current broadband service providers to falling behind the rest of the developed These are individuals, businesses, and ascertain where and how broadband world. co-ops who want to create a demand service is available, and to report to The Organization for Economic Co- pool to entice new or existing carriers Congress on the areas that are operation and Development found that, to quickly expand broadband service to unserved. in 2004, America ranked 12th among de- areas where they work and live. veloped nations in broadband access We have several groups like this in This reporting requirement is a bi- per 100 inhabitants. However, the same my home State of Illinois. They cannot partisan idea that Senator BILL NEL- study had found that in 2001, we ranked wait any longer, so they have taken SON and Senator JIM DEMINT recently 4th in the developed world. So, this the initiative to work for access to af- presented before the Senate Commerce means that in just 3 short years, we fordable high quality broadband serv- Committee. I am happy to work with lost our competitive edge to 8 coun- ice. them to further encourage the FCC to tries. Many of these groups and individuals collect more useful data on the state of Broadband is critical to community work in collaboration with like-minded broadband deployment. and economic development, as it en- community leaders, businesspeople, en- Finally, the revenues to fund this courages investment, creates jobs, im- gineers, and other experts to learn all trust fund will be derived from direct proves productivity, fosters innova- they can about their region. They are appropriations of $10 million per year tion, and increases consumer benefits the local experts on the unique geo- for 5 years, plus 1 percent of proceeds in every corner of our Nation. graphic, economic, and lifestyle needs from all auction sales of spectrum con- A 2003 study by Criterion Economics of their market. They can conduct the ducted by the FCC, which are to be set found that adoption of current genera- mapping and surveying work, to find aside for this unique purpose. I believe tion broadband would increase the out where there are services and gaps this should generate enough revenues gross domestic product by $179.7 bil- in their neighborhoods, and what tech- to sustain this trust fund for the next

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00110 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2006 CONGRESSIONAL RECORD — SENATE S8835 5 years, which is the critical time for joying affordable high speed broadband However, we have learned from pre- Federal assistance. service should not be allowed to re- vious FCC auctions that the true value When Congress created the Rural ceive additional Federal funds. of spectrum depends on who uses it and Utilities Service Broadband Loan and These funds should be saved for the for what purposes. We also have Loan Guarantee Program in the 2002 truly needy communities. learned that different carriers will bid farm bill, we charged the U.S. Depart- My bill also provides language to au- in different auctions, depending on the ment of Agriculture with providing thorize in statute a rural broadband size of the blocks of airwaves available much needed funds to bring broadband grant program to be administered by for purchase. Large national wireless to rural America. The bill authorized the USDA, together with its rural carriers will choose to bid on large geo- broadband loan and loan guarantee $100 million for fiscal years 2002 to 2007 graphic markets, while smaller or local to provide below market-rate loans and program. While the USDA has created its own carriers will bid on smaller market loan guarantees for the construction sizes. and improvement of facilities and grant programs to fund certain equipment to provide broadband serv- broadband providers, a formal grant For the 700 MHz band, I agree with a ice. program was never authorized by Con- bipartisan idea that Senator OLYMPIA While this loan program has had gress. By authorizing it, Congress will SNOWE and Senator BYRON DORGAN pro- some successes over the past 4 years, it have more oversight and impose ac- posed in the Senate Commerce Com- has also faced serious internal and ex- countability, while keeping the grant mittee. In our view, it makes the most ternal criticism. program funded at an operational level sense to configure the plan for this For example, in September 2005, for many years to come. band to designate up to 12 MHz of USDA’s inspector general issued an in- Finally, although USDA’s inspector paired recovered analog spectrum to be ternal audit report pointing out major general has recommended several re- auctioned for smaller geographic li- problems with the program. Among form measures, I believe we should censes. other concerns, the report alleges that, force the agency to implement these changes in order to improve the loan This will maximize the participation in decisions that were inconsistent and grant programs. Therefore, my bill of small, regional, and rural service with provisions of authorizing statute, requires the USDA to undertake a com- providers, because these are the most USDA has funded entities in subur- prehensive and transparent rulemaking likely entities to provide wireless ban—not rural—areas, and in places process in response to the recent inter- broadband service in rural areas. that are already receiving broadband nal audit. My bill therefore requires the FCC to service. The FCC has been looking to make evaluate its auction plans and to divide The internal report also accuses the more spectrum available for innovative agency of mismanaging the program, some of the frequency allocations into unlicensed wireless uses, including smaller area licenses so that regional leading to irregularities and even fraud wireless broadband. This new ‘‘unli- in the decisionmaking and approval and rural wireless companies can com- censed’’ spectrum holds tremendous po- pete in the bidding process. processes for applications. tential for allowing wireless broadband To add more controversy to this pro- to be deployed in rural areas. This I look forward to working with Sen- gram, in May of this year, USDA was would be especially helpful in large ators SNOWE and DORGAN to ensure sued by the cable industry for allegedly rural geographic regions where it that the FCC maximizes the value of failing to follow the statutory man- would be cost prohibitive to build out a these public airwaves for the benefit of dates that created the broadband loan broadband infrastructure with wires, all Americans, especially those living program. cable, or fiber. in rural areas. Striking a tone similar to the inspec- Some of this spectrum would come As with many States, my State of Il- tor general’s internal audit report, the from space made newly available when linois has struggled over the past few lawsuit alleges among other issues that traditional analog over-the-air TV years with ways to bring universal and USDA has diverted Federal funds to broadcasters transition to digital affordable broadband to every corner of suburban areas and has failed to ensure transmission by 2009. Other spectrum our State. Many leaders in our State that unserved communities receive may be found in narrow gaps between and local governments have studied first priority. currently existing licensed users that various proposals, and have sought the I support the USDA’s rural could be utilized by smaller and local- broadband loan program, and I want to guidance of experts in the private sec- ized products, such as garage openers, tor. see the program grow and continue to cordless phones, wireless baby mon- fund worthy projects. But I also believe itors, and of course, broadband. Additionally, telecommunications that these recent internal and external While I support making more spec- and cable companies that provide the developments merit serious consider- trum available to new users, I believe vast majority of broadband service in ation. So, in the spirit of working with we need to do so with clear safeguards the nation today are generally regu- the USDA to reform the problematic in place so that new wireless users will lated at the state and local levels. areas, my bill reforms and extends the not cause undue interference problems Therefore, in our effort to develop a na- life of the loan program for another 5 with existing broadcasters, public safe- tional broadband policy, I think it years, to expire in 2012, not 2007. ty officials, and others that use wire- makes sense for Congress to learn from The bill goes to the heart of the con- less products such as microphones. the varied experiences gained in many cerns raised by the critics of the pro- My bill requires the FCC to complete states that have tried innovative solu- gram. It amends the definition of an el- a rulemaking process to make new tions to encourage or mandate igible rural community to exclude any spectrum available for wireless broadband services in their regions. area located within 10 miles of any city broadband services in rural areas as My bill establishes a task force con- with a population of over 25,000. This soon as practicable. The bill specifi- sisting of experts in Federal, State, and should prevent the program from fund- cally requires the FCC to ensure that local governments, trade associations, ing urban or suburban areas that may new unlicensed wireless users provide public interest organizations, academic be technically considered rural under engineering testing results to prevent institutions, and other relevant areas, some definitions, but are in reality, lo- harmful interference problems. to study best practices for rapid de- cated adjacent to areas that already re- The FCC also has been planning an ployment of broadband services in ceive broadband service. auction sale of spectrum in the 700 MHz Additionally, my bill prevents any band, which is ideal for wireless States, particularly those with large rural area from being funded where a broadband use. I support this auction, unserved rural areas. majority of its residential customers and I encourage the FCC to conduct it The bill requires the task force, with- already have access to broadband serv- as soon as possible, so that new service in 6 months, to provide to Congress and ice offered at a price per megabit of providers can enter the wireless to each governor a report detailing a speed comparable to the nearest urban broadband market to fill in the gaps in comprehensive list of specific measures area. Under this definition, any area service that wireline providers cannot adopted by State or local governments where rural residents are already en- or will not meet. that have helped provide incentives for

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00111 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8836 CONGRESSIONAL RECORD — SENATE August 3, 2006 communications carriers to deploy broadband market by reconfiguring the size economic development in unserved regions of broadband services in areas that lacked of spectrum auctions into smaller market the nation, particularly in rural areas. such services. sizes; and (3) GRANT AVAILABILITY.—Grants from the For too long, we have been talking (5) studying policies and programs adopted Fund shall be made available on a single or about the need to bring universal and by State and local governments that have multi-year basis to facilitate long term plan- worked to provide incentives for rapid ning. affordable broadband to every corner of broadband deployment. (d) ELIGIBLE ENTITIES.— our Nation. Yet progress has been too SEC. 4. BROADBAND ACCESS TRUST FUND AND slow. It is time to reengage our na- OFFICE OF BROADBAND ACCESS. (1) IN GENERAL.—The following organiza- tional, state, and local policy leaders (a) ESTABLISHMENT.— tions and entities are eligible to apply for to focus our attention, and work with (1) FUND ESTABLISHED.—There is estab- funds under this section: the private sector toward achieving lished in the Treasury of the United States (A) An agency or instrumentality of a the Broadband Access Trust Fund. State or local unit of government (including this goal. an agency or instrumentality of a territory I urge my colleagues to join me in (2) OFFICE ESTABLISHED.— (A) IN GENERAL.—There is established with- or possession of the United States). supporting Broadband for Rural Amer- in the Federal Communications Commission (B) A nonprofit agency or organization ica Act of 2006. the Office of Broadband Access. that is exempt from taxes under section Mr. President, I ask unanimous con- (B) DUTIES.—The Office of Broadband Ac- 501(c)(3) of the Internal Revenue Code of 1986 sent that the text of the bill be printed cess shall coordinate the use of all resources (26 U.S.C. 501(c)(3)). in the RECORD. within the Fund, as such resources relate to (C) An institution of higher education. There being no objection, the text of the expansion of broadband technology into (D) Any legally organized incorporated or- the bill was ordered to be printed in rural or unserved areas. ganization or other legal entity, including a the RECORD, as follows: (3) DEPOSITS.—The Fund shall consist of— cooperative, a private corporation, or a lim- (A) the amounts appropriated pursuant to S. 3820 ited liability company. subsection (f); and (2) PREFERENCE.— Be it enacted by the Senate and House of Rep- (B) 1 percent of the proceeds of any auction (A) NONLICENSED ENTITIES.—In determining resentatives of the United States of America in for any bands of frequencies conducted pur- which legally organized incorporated organi- Congress assembled, suant to section 309(j) of the Communica- zations or other legal entities shall receive SECTION 1. SHORT TITLE. tions Act of 1934 (47 U.S.C. 309(j)). grants from the Fund, the Office of This Act may be cited as the ‘‘Broadband (4) FUND AVAILABILITY.— Broadband Access shall give preference to for Rural America Act of 2006’’. (A) APPROPRIATION.—There are appro- those organizations and entities that are not SEC. 2. FINDINGS. priated from the Fund such sums as are au- already licensed by the Federal Communica- Congress finds the following: thorized by the board to be disbursed for tions Commission to provide voice, data, (1) High speed broadband communications grants under this section. video, or other communications or informa- is no longer a luxury. It has become a vital (B) REVERSION OF UNUSED FUNDS.—Any tion services. service for all Americans, much like water, grant proceeds that remain unexpended at ECONDARY PRIORITY FOR ALREADY LI- sewer, gas, and electricity are essential re- (B) S the end of the grant period, as determined CENSED ENTITIES.—The Office of Broadband sources for our daily lives. under subsection (c)(3), shall revert to and be (2) Broadband infrastructure is critical to Access shall only award grants from the deposited in the Fund. Fund to those organizations and entities community and economic development, by (b) BOARD OF DIRECTORS.— that are already licensed by the Federal encouraging investment, creating jobs, im- (1) ESTABLISHMENT.—The Fund shall be ad- Communications Commission to provide proving productivity, fostering innovation, ministered by the Office of Broadband Ac- voice, data, video, or other communications and increasing consumer benefits. cess, in consultation with a board of direc- or information services only after all appli- (3) Despite the ongoing efforts by tradi- tors comprised of 5 members, appointed by cations by nonlicensed organizations de- tional communications carriers to expand the Chairman of the Federal Communica- scribed in subparagraph (A) have been con- broadband services, the rate of deployment tions Commission, with experience in 1 or sidered. in America is still far from ideal. Recent re- more of the following fields: ports indicate that America continues to (A) Grant and investment management. (e) PERMISSIBLE USES OF FUNDS.—Amounts trail other leading industrialized countries, (B) Advanced communications technology. made available by grants from the Fund per capita, in the availability and use of (C) Rural communications services. under this section may be used by eligible broadband communications. (D) Community-based economic develop- entities for conducting feasibility studies, (4) As our Nation falls behind the devel- ment. mapping, economic analysis, and other ac- oped world in broadband access, so, too, are (2) FUNCTIONS.—The board shall— tivities done to determine— rural residents falling behind city and urban (A) establish reasonable and prudent cri- (1) the reasons for the lack of affordable residents. In small towns and rural America, teria for the selection of grant recipients broadband communications services in par- broadband service remains largely non exist- under this section; ticular unserved regions of the nation, par- ent. In places where it is available, rural (B) determine the amount of grants award- ticularly in rural areas; and broadband customers often pay more for in- ed to such recipients; and (2) the scale, scope, and type of broadband ferior quality than customers in cities and (C) review the use of grant funds by such services most suitable for each particular urban areas. recipients. unserved area. (5) A national policy is needed to accel- (3) COMPENSATION PROHIBITED; EXPENSES erate the deployment of broadband services PROVIDED.—The members of the board shall (f) AUTHORIZATION OF APPROPRIATIONS.— so that, no matter where they live, every serve without compensation, but may, from There are authorized to be appropriated to American can have access to affordable and appropriated funds available for the adminis- the Fund $10,000,000 for fiscal year 2007 and high-quality broadband service as soon as trative expenses of the Federal Communica- each of the 5 succeeding fiscal years. possible. tions Commission, receive travel expenses, SEC. 3. PURPOSE. including per diem in lieu of subsistence, in (g) REPORTS.— The purposes of this Act are to encourage accordance with applicable provisions under (1) BY GRANT RECIPIENTS.—Each grant re- the rapid deployment of high quality and af- subchapter I of chapter 57 of title 5, United cipient shall submit to the Federal Commu- fordable high speed broadband service to States Code. nications Commission and the board a report every corner of our Nation by— (c) PURPOSE AND ACTIVITIES OF THE FUND.— on the use of the funds provided by the (1) establishing a new source of funding for (1) GRANT PURPOSES.—In order to achieve grant. entities that work to identify unserved re- the objectives and carry out the purposes of (2) BY FCC.— gions of the Nation and to address the lack this section, the Office of Broadband Access (A) IN GENERAL.—The Federal Communica- of broadband service in those areas; is authorized to make grants, from amounts tions Commission shall annually submit to (2) reforming the rural broadband loan pro- deposited pursuant to subsection (a)(2) and Congress a report on the operations of the gram to ensure that Federal funds are pro- from the interest or other income derived Fund and the grants made by the Fund. vided only to qualified entities that will from the Fund— (B) REQUIRED CONTENT.—The report re- serve truly rural and unserved regions of the (A) to study the lack of affordable quired under subparagraph (A) shall in- Nation, while providing statutory authority broadband communications services in par- clude— and Federal funding for the rural broadband ticular unserved regions of the nation, par- (i) an identification of the grants made, grant program; ticularly in rural areas; and the recipients thereof, and the planned uses (3) making more unlicensed spectrum (B) to take steps toward providing such of the amounts made available; available for innovative wireless broadband services to such regions. (ii) a financial report on the operations and uses that will not cause harmful interference (2) GRANT PREFERENCE.—In making grants condition of the Fund; and and degradation of service to other wireless from the Fund, the Office of Broadband Ac- (iii) a description of the results of the use services; cess shall give preference to eligible individ- of funds provided by grants under this sec- (4) encouraging rural, regional, and smaller uals or entities that are proposing rural or tion, including the status of broadband avail- wireless carriers to enter the wireless community-based partnerships to encourage ability in the regions covered by such grants.

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(C) INFORMATION REQUIRED.— (C) by adding at the end the following: ‘‘(e) USE OF FUNDS.—A grant awarded to an (i) IN GENERAL.—The Federal Communica- ‘‘(C) demonstrate that any loan or loan eligible applicant pursuant to this section tions Commission shall revise FCC Form 477 guarantee obtained under this section will be may be used to— reporting requirements not later than 180 used only to furnish, improve, or extend ‘‘(1) construct, acquire, or lease facilities, days after the date of enactment of this Act broadband service to those eligible rural including spectrum, to deploy broadband to require broadband service providers to re- communities.’’. service to all participating critical commu- port the following information: (d) COMMUNITY CONNECT GRANT PROGRAM.— nity facilities and all required facilities (I) Identification of location where the pro- Title VI of the Rural Electrification Act of needed to offer such service to residential vider provides broadband service to cus- 1936 (7 U.S.C. 950bb et seq.) is amended by and business customers located within a pro- tomers, identified by zip code plus 4 digit lo- adding at the end the following: posed service area; cation (referred to in this subparagraph as ‘‘SEC. 602. COMMUNITY CONNECT GRANT PRO- ‘‘(2) improve, expand, construct, or acquire ‘‘service area’’). GRAM. a community center that furnishes free ac- (II) Percentage of residential households ‘‘(a) PURPOSES.—The purposes of this sec- and businesses in each service area that are cess to broadband service, provided that such tion are— community center is open and accessible to offered broadband service by the provider, ‘‘(1) to provide financial assistance in the area residents before, during, and after nor- and the percentage of such residential house- form of grants to eligible applicants that mal working hours and on Saturday or Sun- holds and businesses that subscribe to each will provide, on a community-oriented service plan offered. connectivity basis, broadband service that day; (III) The average price per megabit of fosters economic growth and delivers en- ‘‘(3) purchase any end user equipment download speed and upload speed in each hanced educational, health care, and public needed to carry out the project of the appli- service area. safety services; and cant described in subsection (c)(3); (IV) Identification by service area of the ‘‘(2) to ensure the deployment of broadband ‘‘(4) pay the operating expenses incurred in provider’s broadband service’s actual aver- service to extremely rural, lower-income providing— age throughput, and contention ratio of the communities on a community-oriented ‘‘(A) broadband service to critical commu- number of users sharing the same line. connectivity basis. nity facilities for the first 2 years of oper- (ii) EXCEPTION.—The Federal Communica- ‘‘(b) GRANTS AUTHORIZED.— ation; and tions Commission may exempt a broadband ‘‘(1) IN GENERAL.—The Secretary may ‘‘(B) training and instruction on how to use service provider from the requirements of award a grant to any eligible applicant to such services; and this subparagraph if the Federal Commu- provide broadband services in accordance ‘‘(5) purchase any land, building, or build- nications Commission determines that a pro- with the provisions of this section. ing construction needed to carry out the vider’s compliance with the reporting re- ‘‘(2) AWARD BASIS.—The Secretary shall project of the applicant described in sub- quirements is cost prohibitive, as defined by award grants under this section on a com- section (c)(3). the Federal Communications Commission. petitive basis. (D) REPORT.—The Federal Communications ‘‘(f) MATCHING REQUIREMENT.— ‘‘(c) ELIGIBLE APPLICANT.—To be eligible to Commission shall provide to Congress on an obtain a grant under this section, an appli- ‘‘(1) IN GENERAL.—Each eligible applicant annual basis a report, using available Census cant shall— shall contribute not less than 15 percent of Bureau data, containing the following infor- ‘‘(1) be— the grant amount requested in any applica- mation for each service area that is not ‘‘(A) legally organized as an incorporated tion. served by any broadband service provider; organization; ‘‘(2) FORM.—The matching contribution de- (i) Population. ‘‘(B) an Indian tribe or tribal organization, scribed in paragraph (1) may be in the fol- (ii) Population density. as defined in subsections (b) and (c) of sec- lowing form: (iii) Average per capita income. tion 4 of the Indian Self-Determination and ‘‘(A) Cash for eligible grant purposes. (h) REGULATIONS.—The Federal Commu- Education Assistance Act (25 U.S.C. 450b(b) nications Commission may prescribe such ‘‘(B) In-kind contributions for purposes regulations as may be necessary and appro- and (c)); that could have been financed with grant priate to carry out this section. ‘‘(C) a State or local unit of government; funds under this section. In-kind contribu- (i) DEFINITIONS.—As used in this section— ‘‘(D) an institution of higher education; or tions shall be new or non-depreciated assets (1) the term ‘‘the Fund’’ means the ‘‘(E) any other legal entity, including a co- with established monetary values. Manufac- Broadband Access Trust Fund established operative, a private corporation, or a limited turers’ or service providers’ discounts shall pursuant to subsection (a); and liability company organized on a for-profit not be considered a matching contribution. (2) the term ‘‘the board’’ means the board or not-for-profit basis; ‘‘(C) The rental value of space provided of directors established pursuant to sub- ‘‘(2) have the legal capacity and authority within an existing community center, pro- to— section (b). vided that such space is provided free of ‘‘(A) own and operate the broadband facili- SEC. 5. USDA BROADBAND PROGRAM REFORMS. charge to such applicant, for the first 2 years ties proposed in its application; (a) REAUTHORIZATION.—Section 601(k) of of operation. ‘‘(B) enter into contracts; and the Rural Electrification Act of 1936 (7 U.S.C. ‘‘(D) Salary expenses incurred for any indi- 950bb(k)) is amended by striking ‘‘2007’’ and ‘‘(C) otherwise comply with applicable Fed- eral statutes and regulations; and vidual operating the community center, for inserting ‘‘2012’’. the first 2 years of operation. (b) CLARIFICATION OF ELIGIBLE RURAL COM- ‘‘(3) develop a project that— ‘‘(E) Expenses incurred in operating a com- MUNITY.—Section 601(b)(2) of the Rural Elec- ‘‘(A) serves an eligible rural community; trification Act of 1936 (7 U.S.C. 950bb(b)(2)) is ‘‘(B) deploys basic broadband service, free munity center, for the first 2 years of oper- amended to read as follows: of all charges for at least 2 years, to all crit- ation. ‘‘(2) ELIGIBLE RURAL COMMUNITY.—The term ical community facilities located within a ‘‘(3) PRIOR COSTS.—Costs incurred by an ap- ‘eligible rural community’ means any area of proposed service area; plicant, or by others on behalf of an appli- the United States that is not— ‘‘(C) offers basic broadband service to resi- cant, for facilities, installed equipment, or ‘‘(A) included within the boundaries of any dential and business customers within a pro- other services rendered prior to submission incorporated city, village, borough, or town posed service area; and of a completed application shall not be con- with a population in excess of 25,000 inhab- ‘‘(D) provides— sidered an acceptable use of grant funds itants; ‘‘(i) a community center with at least 10 under subsection (e) or a matching contribu- ‘‘(B) located within 10 miles of any such computer access points within a proposed tion. city, village, borough, or town; and service area; and ‘‘(4) RENTAL VALUES.—Rental values of ‘‘(C) an area where a majority of its resi- ‘‘(ii) broadband service to such centers free space provided, as described in paragraph dential customers have access to broadband of charge for at least 2 years. (1)(C), shall be substantiated by rental agree- service offered at a price per megabit of ‘‘(d) APPLICATION.— ments documenting the cost of space of a ‘‘(1) SUBMISSION.—Each applicant seeking a download speed and upload speed comparable similar size in a similar location. grant under this section shall submit an ap- to the nearest urban area.’’. ‘‘(5) REASONABLENESS REVIEW.—Rental val- (c) ADDITIONAL REQUIREMENTS FOR ELIGI- plication containing— ues, salaries, and other expenses incurred in BLE ENTITIES.—Section 601 of the Rural Elec- ‘‘(A) any information or documentation re- trification Act of 1936 (7 U.S.C. 950bb) is quired under section 1739.15 of title 7, Code of operating a community center shall be sub- amended— Federal Regulations; and ject to review by the Secretary for reason- (1) in subsection (c)— ‘‘(B) such other information or documenta- ableness in relation to the scope of the appli- (A) in paragraph (1), by striking ‘‘(1) IN tion that the Secretary may require. cant’s project described in subsection (c)(3). GENERAL.—’’; and ‘‘(2) REVIEW AND SCORING OF APPLICA- ‘‘(6) OTHER ASSISTANCE.—Any financial as- (B) by striking paragraph (2); and TIONS.—The Secretary shall review and score sistance from any other Federal source shall (2) in subsection (d)(1)— any applications received under this section not be considered a matching contribution (A) in subparagraph (A), by striking ‘‘; using the same methods, and in the same under this section unless there is a Federal and’’ and inserting a semicolon; manner, as described in sections 1739.16 and statutory exception specifically authorizing (B) in subparagraph (B), by striking the pe- 1739.17 of title 7, Code of Federal Regula- the Federal financial assistance to be consid- riod at the end and inserting ‘‘; and’’; and tions. ered as such.

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‘‘(g) OTHER REQUIREMENTS.—Each appli- 602 of such Act, as added by section 2 of this SEC. 9. PUBLIC-PRIVATE TASK FORCE ON cant shall comply with the reporting, over- Act. BROADBAND INITIATIVES. sight, and auditing requirements described SEC. 7. UNLICENSED DEVICES FOR RURAL WIRE- (a) ESTABLISHMENT.—There is established a in sections 1739.19 and 1739.20 of title 7, Code LESS BROADBAND. task force to be known as the ‘‘Rural of Federal Regulations. (a) COMPLETION OF ORDER.—Not later than ‘‘(h) DEFINITIONS.—As used in this section: 18 months after date of enactment of this Broadband Access Task Force’’ (referred to ‘‘(1) BASIC BROADBAND SERVICE.—The term Act, the Federal Communications Commis- in this section as the ‘‘Task Force’’). ‘basic broadband service’ means the sion shall issue a final order in the matter of (b) MEMBERSHIP.— broadband service level provided by an appli- Unlicensed Operation in TV Broadcast (1) IN GENERAL.—The Task Force estab- cant at the lowest rate or service package Bands, ET Docket No. 04–186. lished under this section shall be composed level for residential or business customers, (b) CONDITIONS.—In completing the final of 11 members, of whom— order described in subsection (a), the Federal as appropriate, provided that such service (A) 3 shall be appointed by the President; meets the requirements of this section. Communications Commission shall— (B) 2 shall be appointed by the Majority ‘‘(2) BROADBAND SERVICE.—The term (1) permit certified unlicensed devices to Leader of the Senate; ‘broadband service’ means providing an in- use, in non-exclusive terms, unassigned, non- formation-rate equivalent to at least 200 licensed television broadcast channels be- (C) 2 shall be appointed by the minority kilobits/second in the consumer’s connection tween 54 MHz and 698 MHz in rural areas; Leader of the Senate; to the network, both from the provider to (2) protect incumbent certified low power (D) 2 shall be appointed by the Speaker of the consumer (downstream) and from the auxiliary stations from harmful interference the House of Representatives; and consumer to the provider (upstream). by requiring certification of unlicensed de- (E) 2 shall be appointed by the minority ‘‘(3) COMMUNITY CENTER.—The term ‘com- vices prior to permitting such devices to ac- Leader of the House of Representatives. munity center’— cess or use unassigned, non-licensed tele- (2) QUALIFICATIONS.—The membership of ‘‘(A) means a public building, or a section vision broadcast channels between 54 MHz the Task Force established under this sec- of a public building with at least 10 computer and 698 MHz in rural areas, and including in tion shall include— access points, that is used for the purposes of the certification proof of successful comple- (A) at least 6 members of whom— providing free access to or instruction in the tion of laboratory and field testing by an (i) all shall be recognized experts in the use of broadband service, and is of the appro- independent laboratory demonstrating that field of communications; priate size to accommodate this purpose; and unlicensed devices do not cause harmful in- (ii) 2 shall be employees of the Federal ‘‘(B) may include schools, libraries, or a terference to incumbent certified low power Government; city hall. auxiliary stations; (iii) 2 shall be employees of State govern- ‘‘(4) COMPUTER ACCESS POINT.—The term (3) protect incumbent certified low power ments; and ‘computer access point’ means a computer auxiliary stations from harmful interference (iv) 2 shall be employees of local govern- terminal with access to basic broadband by prohibiting certified unlicensed devices ments; service. from operating on any television broadcast (B) at least 1 member who shall be a rep- ‘‘(5) CRITICAL COMMUNITY FACILITIES.—The channel between 54 MHz and 698 MHz in rural resentative of a consumer or public interest term ‘critical community facilities’ means areas already in use by an incumbent cer- organization; any public school or education center, public tified low power auxiliary station; and (C) at least 1 member who shall be a rep- library, public medical clinic, public hos- (4) consider additional ways to protect in- pital, community college, public university, resentative of interested trade associations; cumbent certified low power auxiliary sta- (D) at least 1 member who shall be a rep- or any law enforcement, fire, or ambulance tions from harmful interference, such as re- resentative of interested academic institu- station in a proposed service area. serving certain television broadcast channels tions; and ‘‘(6) END USER EQUIPMENT.—The term ‘end for exclusive use by incumbent certified low (E) at least 2 members all of whom shall be user equipment’ means computer hardware power auxiliary stations. and software, audio or video equipment, (c) DEFINITIONS.—As used in this section: especially qualified to serve on the Task computer network components, tele- (1) CERTIFIED UNLICENSED DEVICE.—The Force by virtue of their education, training, communications terminal equipment, inside term ‘‘certified unlicensed device’’ means or experience, particularly in the field of wiring, interactive video equipment, or other any unlicensed device certified under sub- rural communications access issues. facilities required for the provision and use section (b)(2)(D) operating in a fixed loca- (3) CHAIRPERSON.—Each year, the Task of broadband service. tion, whose primary purpose is to provide Force shall elect a Chairperson from among ‘‘(7) RURAL AREA.—The term ‘rural area’ broadband service to rural areas. its members. means any area of the United States that is (2) INCUMBENT CERTIFIED LOW POWER AUXIL- (4) VICE CHAIR.—Each year, the Task Force not— IARY STATION.—The term ‘‘incumbent cer- shall elect a Vice Chair from among its ‘‘(A) included within the boundaries of any tified low power auxiliary station’’ means members. incorporated or unincorporated city, village, any certified low power wireless microphone, (c) DUTIES.—The Task Force shall— borough, or town with a population in excess personal wireless monitor, or other audio (1) conduct a comprehensive survey of leg- of 25,000 inhabitants; and auxiliary equipment operating on television islative, regulatory, or administrative poli- ‘‘(B) located within 10 miles of any such broadcast channels between 54 MHz and 698 cies or programs adopted by States to en- city, village, borough, or town. MHz, used for entertainment, religious, ‘‘(8) SECRETARY.—The term ‘Secretary’ news-gathering, governmental, business, or courage rapid deployment of broadband serv- means the Secretary of Agriculture. personal consumer purposes to provide real- ices; ‘‘(9) SERVICE AREA.—The term ‘service time, high-quality audio transmissions over (2) study policies or programs that have area’ means a single community, and may distances of approximately 100 meters. been successful in providing incentives for include the unincorporated areas or locally (3) RURAL AREA.—The term ‘‘rural area’’ communications carriers to deploy or expand recognized communities, not recognized in means any rural service area or rural statis- services in areas that lacked such services the most recent decennial census performed tical area, as defined by the Federal Commu- before the introduction of such incentives; by the Bureau of the Census, located outside nications Commission. and and contiguous to the boundaries of such SEC. 8. SPECTRUM AUCTION FOR RURAL WIRE- (3) study traditional incentives, such as community, in which the applicant proposes LESS BROADBAND. tax credits or financial subsidies, as well as to provide broadband service. Not later than February 1, 2007, the Fed- innovative efforts, including public and pri- ‘‘(10) SPECTRUM.—The term ‘spectrum’ eral Communications Commission shall ini- vate partnership programs and best practices means a defined band of frequencies that will tiate a proceeding— that have worked well in encouraging com- accommodate broadband service.’’. (1) to reevaluate and reconfigure its band munications carriers to deploy or expand SEC. 6. USDA RULEMAKING. plans for the upper 700 MHz band (currently services in areas that lacked such services, The Secretary of Agriculture shall initiate designated Auction 31) and for the particularly in those States with large and complete a rulemaking to— unauctioned portions of the lower 700 MHz unserved rural areas. (1) consider and adopt, as necessary in the band (currently designated as Channel discretion of the Secretary, the rec- Blocks A, B, and E) so as to designate up to (d) REPORT.—Not later than 6 months after ommendations set forth in audit report 12 MHz of paired recovered analog spectrum all the members of the Task Force have been 09601-4-Te, issued in September 2005, entitled (as defined in section 309(j)(15)(C)(vi) of the appointed under subsection (b), the Task ‘‘Rural Utilities Service Broadband Grant Communications Act of 1934 (47 U.S.C. Force shall submit a report to Congress and and Loan Programs’’ by the Inspector Gen- 309(j)(15)(C)(vi))); and to the governor of each State detailing a eral of the United States Department of Ag- (2) to reconfigure its band plans to include comprehensive list of policies and programs riculture; and spectrum to be licensed for small geographic adopted by States that have succeeded in (2) review and propose recommendations as license areas, taking into consideration the providing incentives for communications to how to best coordinate the application desire to promote infrastructure build-out carriers to deploy or expand services in areas process of the broadband loan and loan guar- and service to rural and insular areas and that lacked such services before the intro- antee program under section 601 of the Rural the competitive benefits, unique characteris- Electrification Act of 1936 and the Commu- tics, and special needs of rural, regional, and duction of such incentives. nity Connect Grant program under section smaller wireless carriers. (e) WORKING GROUPS.—

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00114 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2006 CONGRESSIONAL RECORD — SENATE S8839 (1) IN GENERAL.—The Task Force may es- ers to come to the United States to out being constrained by visa quotas. tablish such working groups as the Task play in the team’s first home games. The P–1 category, the league believes, Force determines necessary in order to assist Last year, due to uncertainty sur- is appropriate for minor league players the Task Force in carrying out this sub- rounding the availability of H–2B visas because these are the players that section. at the end of the fiscal year, the team (2) MEMBERSHIP.—Any working group es- major league clubs have selected as tablished under paragraph (1) may include had to reschedule its season home some of the best baseball prospects in such members as the Task Force determines opener and cancel several early season the world. necessary, including individuals who were games. This forced the team to sched- There is no question that Americans not appointed as a member of the Task Force ule make-up games for those normally are passionate about sports. We have under subsection (b). played in September. The problems (f) AUTHORIZATION OF APPROPRIATIONS.— high expectations for our teams and de- created by the visa situation creates an mand only the best from our athletes. There are authorized to be appropriated such unnecessary hardship for this team, in sums as are necessary to carry out this sec- By expanding the P–1 visa category, we tion. addition to threatening the revenue will make it possible for athletes to be the team generates for the city of selected based on fair competition in By Ms. COLLINS (for herself, Lewiston and businesses in the sur- talent and skill, rather the artificial Mrs. FEINSTEIN, Mr. CORNYN, rounding area. limits of visa availability. In addition, Ms. MIKULSKI, Mr. LEAHY, and The Portland Sea Dogs, a Double-A we would reduce some pressure on the Mr. LIEBERMAN): baseball team affiliated with the Bos- H–2B visa category making more of S. 3821. A bill to authorize certain ton Red Sox, is another of the many those visas available to the industries athletes to be admitted temporarily teams that relies on H–2B visas to that need them. into the United States to compete or bring some of its most skilled players Mr. President, the inequity of our perform in an athletic league, competi- to the United States. Thousands of fans current policy is clear. Let us take this tion, or performance; to the Committee come each year to see this team, and simple step toward a more rational on the Judiciary. others like it across the country, play Ms. COLLINS. Mr. President, I rise one of America’s favorite sports. Due visa policy. to introduce the Creating Opportuni- to the shortage of H–2B visas, however, Mrs. FEINSTEIN. Mr. President, I ties for Minor League Professionals, Major League Baseball reports that, in am introducing today the COMPETE Entertainers and Teams through legal 2004 and early 2005, more than 350 tal- Act of 2006, along with Senators COL- Entry—COMPETE—Act. This bill will ented young, foreign baseball players LINS and CORNYN. level the playing field for minor league were prevented from coming to the This is a bill which amends the Im- sports teams that depend on getting United States to play for minor league migration and Nationality Act to allow the best athletic talent. I thank Sen- teams. These teams have been a tradi- certain minor league athletes and ice ators FEINSTEIN, CORNYN, LIEBERMAN, tional proving ground for athletes hop- skaters to be admitted temporarily MIKULSKI, and LEAHY for joining me in ing to make it to the major leagues into the United States to compete or introducing this measure. and players often move from these perform in an athletic league, competi- The core problem we address is that teams to major league rosters. tion or performance under the same under current law, minor league play- Including these highly skilled ath- non-immigrant visa category as profes- ers who have to use the H–2B visa cat- letes in the H–2B visa category seems sional athletes. egory face severe visa shortages, while particularly unusual when you con- The purpose of this legislation is to major league players qualify automati- sider that major league athletes are level the playing field for minor league cally for plentiful P–1 visas. permitted to use an entirely different sports teams that depend on getting The H–2B visas are intended for use nonimmigrant visa category—the P–1 the best athletic talent, regardless of by industries facing seasonal demands visa. This visa is available to athletes where in the world that talent is dis- for labor, such as the hospitality and who are deemed by the Citizenship and covered. logging industries. However, this type Immigration Services to perform at an of visa is also used by many talented, ‘‘internationally recognized level of Under current law, minor league highly competitive foreign athletes performance.’’ Arguably, any foreign players and ice skaters who use the H– who are recruited by U.S. teams. athlete whose achievements have 2B temporary visa category face severe A chronic H–2B visa shortage over earned him a contract with an Amer- visa shortages, while major league the last few years has posed challenges ican team would meet this definition. players qualify for uncapped P–1 tem- for all industries using the H–2B visa CIS, however, has interpreted this porary visas. category. In recent fiscal years, includ- category to exclude minor and amateur This unfair discrepancy in the law ing 2006, the 66,000 visa cap was met league athletes. Instead, the P–1 visa is needs to be remedied, and the bill we early in the year. While we were suc- typically reserved for only those ath- are introducing today provides a com- cessful last year in crafting a tem- letes who have already been promoted monsense solution because it allows porary, 2-year fix for the H–2B short- to major league sports. Unfortunately, minor league athletes—whether in age, this fix will expire at the end of this creates something of a catch-22 for baseball, basketball, hockey, or ice the current fiscal year. minor league athletes—if an H–2B visa skating—who will perform competi- However, solving this problem goes shortage means that promising ath- tively in the United States to apply for beyond fixing the H–2B visa cap. Minor letes are unable to hone their skills a P–1 temporary visa as opposed to an league players simply do not belong in and prove themselves in the minor H–2B visa. the same visa category as seasonal leagues, they are far less likely to earn By way of background, The H–2B workers. There is no rational basis for the major league contract required for temporary visa category allows U.S. automatically qualifying major league a P–1 visa. employers in industries with seasonal A simple, commonsense solution players for P–1 visas, which are granted or intermittent needs to augment their would be to expand the P–1 visa cat- to talented athletes, artists, and enter- existing labor force with temporary egory to include minor league and cer- tainers, while denying them to minor workers or augment their labor force tain amateur-level athletes who have league players. My amendment would when necessary due to a one-time oc- demonstrated a significant likelihood remedy this unfair situation. currence which necessitates a tem- The problem of requiring minor of graduating to the major leagues. porary increase in workers. league athletes to use the H–2B visa Major League Baseball strongly sup- category has posed a particular chal- ports the expansion of the P–1 visa cat- Typically, H–2B workers fill labor lenge to those of us in Maine who enjoy egory to include professional minor needs in occupational areas such as cheering on our sports teams. The league baseball players. In correspond- construction, health care, landscaping, MAINEiacs, a Canadian junior hockey ence to me, the league has pointed out lumber, manufacturing, food service league team that plays its games in that making P–1 visas available to this and processing, and resort and hospi- Lewiston, ME, has faced tremendous group of athletes, teams would be able tality services. difficulties obtaining the H–2B visas to make player development decisions Additionally, and perhaps what peo- necessary for the majority of its play- based on the talent of its players, with- ple do not know, is that not only is the

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00115 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8840 CONGRESSIONAL RECORD — SENATE August 3, 2006 H–2B visa category used by loggers, tions filed with the Labor Department. making more of those visas available lifeguards, crab pickers, amusement For instance, the AHL requests ap- to the industries that need them. park employees, hotel and restaurant proximately 21 player slots out of a I am pleased to be joined by Senators employees, but it is also used by many roster of approximately 26 players; the COLLINS and CORNYN, as well as MIKUL- talented, highly competitive foreign other leagues are similarly situated SKI, LEAHY, and LIEBERMAN, in intro- athletes who are recruited by U.S. where the number of requests for slots ducing the COMPETE Act of 2006. teams and theatrical ice skating pro- on temporary labor certifications is ductions. usually in the ballpark of 80 percent of By Mr. OBAMA: A chronic H–28 visa shortage over the the roster. last 3 years has posed challenges for all Further, hockey leagues usually have S. 3822. A bill to improve access to industries using the H–2B visa cat- a few if not more clubs that are located and appropriate utilization of valid, re- egory. In fiscal years 2004, 2005, and in Canada. Of course these players do liable and accurate molecular genetic 2006, the 66,000 visa cap has been not need H–2Bs to play for a Canadian tests by all populations thus helping to reached, leaving American teams and team, but in the event that they are secure the promise of personalized the athletes they are recruiting out in traded during the season to a U.S. medicine for all Americans; to the the cold. team, the acquiring team would have Committee on Finance. The COMPETE Act is a solution that to file an H–2B. This frequently pre- Mr. OBAMA. Mr. President, I rise not only helps professional American sents problems when the numbers have today to introduce the Genomics and teams, but it also relieves the stress on been exhausted as the trade becomes Personalized Medicine Act of 2006. This the H–2B visa program added by a dependent upon the availability of a bill will expand and accelerate sci- misclassified group. visa number and not the professional entific advancement in the field of The reality is that minor league ath- needs of the team. In addition, players genomics, which is already beginning letes do not belong in the same visa are signed throughout the season; this to change the paradigm of medical category as seasonal workers. There is can also prevent teams from signing practice as we know it and will have no reason major league athletes can’t players if the numbers have been ex- profound implications for health and and shouldn’t qualify for P–1 visas, hausted. This is particularly true at health care in this Nation. which are granted to talented athletes, the end of the season—usually March Almost 150 years ago, Gregor Mendel artists, and entertainers. The COM- or April 1—when the numbers have made history when he established the PETE Act would remedy this unfair been exhausted and the need to sign Laws of Heredity, which detailed his situation. players for playoffs and finals in- early knowledge about the fundamen- What follows are some examples of creases. tals of inheritance. As has happened so how classifying minor leaguers and ice National Basketball Association cre- many times throughout history, Mr. skaters as H–2B workers harms Amer- ated a developmental league in 2001. Mendel’s fellow scientists didn’t fully ican sports and how it would be better The NBA Development League, or D- understand, support or necessarily that they be reclassified as other ath- League, has functioned both as a feeder agree with his hypotheses on genes, letes for temporary P–1 visas. system for the NBA, whose teams an- specifically how they are transmitted Disney on Ice has seven domestic nually call up players to fill out NBA from one generation to the next, and tours per year, bringing approximately rosters beginning in January and, com- how they help to define who we are. $400,000 to each of the 150 to 170 U.S. mencing with the 2005–06 season, as a But he persevered—growing, observing cities in which it stops. There are not place where inexperienced NBA Play- and experimenting on 10,000 pea plants enough U.S. skaters to fill the roles ers, within their first two seasons, may for almost a decade—and we know now each production requires, thus the or- be assigned to get additional playing that his ideas were right. ganization relies on foreign skaters to time. The D-League, currently com- supplement its cast. As the cap on H–28 prised of 12 teams across the country, I mention Mr. Mendel not just be- visas has been consistently reached be- signs and recruits the best basketball cause he was an early pioneer in the fore the commencement of their train- athletes from around the world who are field of genetics, and is considered by ing period—(August in Florida—and not playing in the NBA. On average, many to be the father of genetics, but subsequent touring seasons—Sep- international players comprise ap- also because he had vision, intellectual tember through February or March— proximately 10 percent of active D- curiosity, courage to think independ- they are often short of ice skaters for League rosters, which currently stand ently and question the status quo, and their productions. at 10 players per team. The H–2B cap of course tenacity, all of which ulti- Major League Baseball was unable to has prevented the D-League from being mately opened the door to a scientific bring 350 baseball players to the United able to sign a significant number of revolution. States in the 2004 and 2005 seasons as a qualified international players during Since that time, our knowledge result of the H–28 visa cap having been each of the past two seasons. about genetics has dramatically in- met. Promotions of promising young So a simple, commonsense solution creased. We have unlocked many of the players to the U.S. Minor League affili- would be to expand the P–1 visa cat- mysteries about DNA and RNA, their ates could not be made. Due to the un- egory to include minor league and cer- structure and function, and how their availability of visas, signings of Cana- tain amateur-level athletes who have code is translated into the proteins dian players drafted in baseball’s June demonstrated a significant likelihood that make up the tissues and organs of first-year player draft have declined by of graduating to the major leagues. the human body. Researchers have also 80 percent. Furthermore, clubs who This is what the COMPETE Act would made discoveries about DNA replica- have already signed talented non-U.S. do. tion, and genetic recombination and citizens have been prevented from Major League Baseball, the National regulation, just to name a few, and bringing these players to the United Basketball Association, the National have developed the necessary tech- States given that the H–2B cap has Hockey League, and Feld Entertain- nologies to do all of this work. been reached in past years. ment, which owns Disney on Ice, all National Hockey League recruits support the expansion of the P–1 visa This knowledge isn’t just sitting in from independent minor league teams, category to include minor league play- books on the shelf. We have used these such as the American Hockey League, ers and ice skaters. research findings to pinpoint the Central Hockey League, and the East Americans love their sports teams causes of many diseases, such as sickle Coast Hockey League, for foreign play- and want to see the highest caliber cell anemia, cystic fibrosis, and chron- ers to fill its ranks. Most minor hockey athletes competing or performing. By ic myelogenous leukemia. Moreover, league teams’ rosters are filled with a expanding the P–1 visa category, we scientists have used genetic informa- majority of foreign national profes- will make it possible for athletes to be tion to develop several treatments and sional athletes. This is evident by the selected based on talent and skill rath- therapies. number of slots that are requested each er than visa availability. We have made so many achievements year by the minor leagues on their In addition, we would reduce some and come a long way in our under- temporary labor certification applica- pressure on the H–28 visa category standing and application of genetics

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00116 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2006 CONGRESSIONAL RECORD — SENATE S8841 knowledge. And yet we are just begin- ies of a certain gene that helps cells with the Institute of Medicine to con- ning to realize the full potential of this grow, divide, and repair themselves. duct a study and make recommenda- science to predict the onset of disease, Extra copies of this gene cause uncon- tions regarding Federal oversight and diagnose earlier, and develop therapies trolled and rapid tumor growth. As it regulation of genetic tests. After this that can treat or cure Americans from turns out, Herceptin is an effective study is complete, the Secretary will so many afflictions. drug for patients with this type of can- develop a decision matrix to help de- Just 3 years ago, scientists at the Na- cer, with significantly improved sur- termine which types of tests require re- tional Institutes of Health and the De- vival for affected women. view and the level of review needed for partment of Energy reached another Our Federal agencies have shown such tests as well as the responsible major landmark, with the completion leadership in this area, as have many agency. The Secretary will also estab- of the sequencing of the entire human of our private sector partners. I have lish a specialty area for molecular and genome, described by many as the Holy introduced the Genomics and Personal- biochemical genetics tests at CMS and Grail of biology. ized Medicine Act today to support direct a review the practice of direct- The completion of the Human Ge- their efforts and to encourage them to to-consumer marketing. nome Project, HGP, has paved the way do even more and do it faster. Real- for a more sophisticated understanding izing the promise of personalized medi- Last but not least, the bill includes a of disease causation. HGP has expanded cine will require: continued Federal sense of the Senate regarding genetic focus from the science of genetics, leadership and agency collaboration; nondiscrimination and privacy. The which refers to study of single genes, expansion and acceleration of genomics Genetic Information Nondiscrimina- to genomics, which describes the study research; a capable genomics work- tion Act of 2005, which passed the Sen- of all the genes in an individual, as force; incentives to encourage develop- ate with a vote of 98 to 0 in February well as the interactions of those genes ment of genomic tests and therapies; of 2005, contained a number of impor- with each other and with that person’s and greater attention to the quality of tant provisions to protect the use of environment. genetic tests, direct-to-consumer ad- personal genetic information and pre- We know that all human beings are vertising, and use of personal genomic vent discrimination based on such in- 99.9 percent identical in genetic make- information. formation. This section reaffirms the up, but differences in the remaining 0.1 The Genomics and Personalized Med- importance and the necessity of that percent hold important clues about the icine Act of 2006 will address each of act for the responsible advancement of causes of disease and response to drugs. these issues. The bill requires the Sec- personalized medicine. Simply put, the study of genomics will retary of Health and Human Services Mr. President, we stand at this new help us learn why some people get sick to establish the Genomics and Person- frontier of personalized medicine, and and others do not and will allow us to alized Medicine Interagency Working like Gregor Mendel, we must explore use this information to better prevent Group to expand and accelerate and test the hypotheses and innova- and treat disease. genomics research, and application of tions in the area of genomics that can The relatively new field of genomics findings from such research, through protect and promote our health. is the key to the practice of personal- enhanced communication, collabora- Genomics holds unparalleled promise ized medicine. Personalized medicine is tion and integration of relevant activi- for public health and for medicine, and the use of genomic and molecular data ties. the Genomics and Personalized Medi- to better target the delivery of health Genetic and genomics research will cine Act of 2006 will help us to fulfill care, facilitate the discovery and clin- be expanded to increase the collection this promise. I urge my colleagues to ical testing of new products, and help of data that will advance both fields. support me in passing this critical leg- determine a patient’s predisposition to The Secretary will also develop a plan islation. a particular disease or condition. Per- for a national biobanking research ini- sonalized medicine represents a revolu- tiative and a national distributed data- By Mr. DEWINE: tionary and exciting change in the fun- base, and provide support for local bio- damental approach and practice of banking initiatives. S. 3823. A bill to amend the Ameri- medicine This bill requests that the Adminis- cans with Disabilities Act of 1990 and Pharmacogenomics—the study of trator of the Health Resources and the Age Discrimination in Employment how genes affect a person’s response to Services Administration support ef- Act of 1967 to provide a means to com- drugs—is a critical component of per- forts to recruit and retain health pro- bat discrimination on the basis of age sonalized medicine. Even so-called fessionals in the genomics workforce or disability, by conditioning a State’s blockbuster drugs are typically effec- through educational and research op- receipt or use of Federal financial as- tive in only 40 to 60 percent of patients portunities, financial incentives, and sistance on the State’s waiver of im- who take them. Other studies have modernization of training programs. In munity from suit for violations under found that up to 15 percent of hospital- addition, the Secretary will promote such acts; to the Committee on Health, ized patients experience a serious ad- initiatives to increase the integration Education, Labor, and Pensions. verse drug reaction, resulting in more of genetics and genomics into all as- Mr. DEWINE. Mr. President, I am than 100,000 deaths each year. Pharma- pects of medical and public health pleased to introduce the Civil Rights cogenomics has the potential to dra- practice, with specific focus on train- Restoration Act of 2006. Today, there is matically increase the effectiveness ing and guideline development for pro- a serious loophole in our Nation’s civil and safety of drugs, both of which are viders without expertise or experience rights laws. If you are the victim of age major health care concerns. in the field of genomics. or disability discrimination and you We have a few examples already of A financial incentive is included to work in the private sector, you can sue how pharmacogenomics research has encourage the development of com- your employer in Federal court for helped to save lives. For example, the panion diagnostic tests. Specifically, money damages. If, however, you work chemotherapy Purinethol is a lifesaver this Act provides a 100-percent tax for one of the States, you cannot sue in for kids with leukemia, but in 11 per- credit for research and development Federal court for money damages cent of cases, patients suffer severe, costs associated with companion diag- under either the Age Discrimination in sometimes fatal, side effects. In the nostic tests. This bill also requests the Employment Act, ADEA, or the Ameri- 1990s, researchers identified the gene National Academies of Science to for- cans with Disabilities Act, ADA. variant that prevents affected patients mally study this issue in order to pro- from properly breaking down vide expert guidance about the level of This loophole is not the result of Purinethol, allowing doctors to screen incentives and potential approaches to anything that we have done in Con- patients and adjust dosages for safer really move this area forward. gress. In fact, when we passed the use of the drug. The safety, efficacy, and availability ADEA and the ADA, we clearly pro- Herceptin is a breast cancer drug of information about genetic tests, in- vided that the States, just like private that initially failed in clinical trials. cluding pharmacogenetic and pharma- entities, cannot discriminate on the However, researchers discovered that 1 cogenomics tests, is another focus of basis of age or disability. And, we said in 4 breast cancers have too many cop- this bill. The Secretary will contract that if they do, they can be sued for

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00117 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8842 CONGRESSIONAL RECORD — SENATE August 3, 2006 money damages in Federal court. In In my opinion, Chairman SPECTER of the basis of age or disability remains a seri- our view, the right of an individual to the Judiciary Committee put it well ous problem in the United States. be free from discrimination on the when he referred to these cases as ‘‘in- (B) Discrimination has invidious effects on basis of age or disability did not depend explicable decisions.’’ During the con- its victims, the workforce, the economy as a on where one works. firmation hearing for Chief Justice whole, and government revenues. Discrimi- nation on the basis of age or disability— Instead, this loophole was created by Roberts, Chairman SPECTER said that (i) increases the risk of unemployment the Supreme Court. In several recent the test that emerges from these Su- decisions, the Supreme Court has rein- among older workers or individuals with dis- preme Court decisions ‘‘has no ground- abilities, who may, as a result of the dis- terpreted the 11th amendment to the ing in the Constitution, no grounding Constitution and severely limited crimination, be forced to depend on govern- in the Federalist Papers, no grounding ment programs; Congress’s power to subject States to in the history of the country, [and] (ii) adversely affects the morale and pro- lawsuits under section 5 of the 14th comes out of thin air[.]’’ ductivity of the workforce; amendment. In Kimel v. Florida Board I happen to agree with him. In my (iii) perpetuates unwarranted stereotypes of Regents, 528 U.S. 62, 2000, for in- view, Garrett and Kimel were wrongly about the abilities of older workers or indi- stance, the Court held that Congress decided. And, they should be over- viduals with disabilities, thus reducing the lacks the power to subject States to turned. effectiveness of government programs pro- suit for money damages under the My bill will do just that. The Civil moting nondiscrimination and integration; ADEA. In Board of Trustees of the Uni- Rights Restoration Act of 2006 would and versity of Alabama v. Garrett, 531 U.S. provide that any State that receives (iv) prevents the best use of both public 356, 2001, the Court again held that Federal financial assistance must and private resources. Congress lacked the power to subject allow plaintiffs the ability to sue the (3) Since the passage of the ADA and the States to suit for money damages, this State for money damages in Federal ADEA, private civil suits by the victims of time under title I of the ADA. court if that State violates the terms discrimination have been an essential tool in combating illegal discrimination. As one Although individuals can still sue the of the ADEA or the ADA. Of course, witness explained during hearings on the leg- States for injunctive relief, the Su- those plaintiffs must meet all the other preme Court’s restriction on suits for islation that became the ADA, ‘‘civil rights requirements to bring such a suit. My laws depend heavily on private enforce- money damages has taken away an es- bill does not otherwise change the sub- sential tool for the victims of discrimi- ment’’. ‘‘[D]amages are essential to provide stance of the ADA or ADEA, and it private citizens a meaningful opportunity to nation. As one witness explained dur- does not guarantee an outcome. It vindicate their rights. Attempts to weaken ing hearings on the ADA, ‘‘civil rights merely gives the victims of discrimina- the remedies available under the ADA are at- laws depend heavily on private enforce- tion access to federal courts so that tacks on the ADA itself, and their success ment.’’ ‘‘[D]amages are essential to they may seek the relief to which they would make the ADA an empty promise of provide private citizens a meaningful are otherwise entitled. In other words, equality.’’. Field Hearing on Americans with opportunity to vindicate their rights. it will give the victims of age and dis- Disabilities Act, Before the Subcommittee Attempts to weaken the remedies ability discrimination the same rights on Select Education of the House Committee available under the ADA are attacks that we intended to give them when we on Education and Labor, 101st Cong. 68 (1989) on the ADA itself, and their success first passed the ADEA and the ADA. (statement of Mr. Howard Wolf). would make the ADA an empty prom- This is a simple bill with a simple (4) In recent years, however, the Supreme Court has created a serious loophole in the ise of equality.’’ purpose: it closes a loophole created by Unfortunately, by restricting the ADA and the ADEA, weakening their ‘‘prom- the Supreme Court; it re-establishes ability of individuals to sue for money ise of equality’’. In Kimel v. Florida Board of the original intent of the ADA and the damages, the Garrett and Kimel deci- Regents, 528 U.S. 62 (2000), for instance, the ADEA; and it restores to the victims of sions have severely limited the ‘‘prom- Supreme Court held that Congress lacked discrimination the rights to which ise of equality’’ guaranteed by the ADA the power to subject States to suit for they have long been entitled. I am and the ADEA. Lawsuits for money money damages under the ADEA. In Board of proud to introduce the Civil Rights damages are the primary means for pri- Trustees of the University of Alabama v. Restoration Act of 2006, and I ask my Garrett, 531 U.S. 356 (2001), the Court again vate individuals to obtain redress for colleagues to support it. held that Congress lacked the power to sub- discrimination. They promote deter- I ask unanimous consent that the ject States to suit for money damages, this rence and provide an important way for text of the bill be printed in the time under title I of the ADA (42 U.S.C. 12111 the Federal Government to enforce RECORD. et seq.). antidiscrimination laws. By elimi- There being no objection, the text of (5) As a result of those decisions, State em- nating the ability of State employees the bill was ordered to be printed in ployees who are victimized by discrimina- to sue their employers for such dam- the RECORD, as follows: tion on the basis of age or disability cannot ages, the Supreme Court’s decisions in sue in Federal court for money damages to S. 3823 Kimel and Garrett have made enforce- vindicate their Federal rights. Those deci- Be it enacted by the Senate and House of Rep- sions have, in turn, had 2 unfortunate con- ment of these civil rights laws more resentatives of the United States of America in sequences. difficult. Congress assembled, (6) First, they have undermined the en- In addition, the Garrett and Kimel SECTION 1. SHORT TITLE. decisions have created a legal regime This Act may be cited as the ‘‘Civil Rights forcement of the ADA and the ADEA. Law- that gives State employees fewer Restoration Act of 2006’’. suits for money damages are the primary rights than other employees covered by SEC. 2. FINDINGS. means for private individuals to obtain re- the ADA and the ADEA. At present, Congress finds the following: dress for discrimination. In addition, law- employees of local governments and (1) For over 30 years, Congress has out- suits for money damages promote deterrence employees in the private sector are en- lawed employment discrimination by State and provide an important way for the Fed- eral Government to enforce antidiscrimina- titled to sue in Federal court for employers. In 1974, in the face of pervasive tion laws. By eliminating the ability for money damages for violations of the age discrimination by State and other em- ployers, Congress amended the Age Discrimi- State employees to sue their employers for ADA or the ADEA. For the more than nation in Employment Act of 1967 (29 U.S.C. such damages, the Supreme Court’s Kimel 2,500,000 individuals who work for the 621 et seq.) (referred to in this Act as the and Garrett decisions have made enforce- States, however, such relief is no ‘‘ADEA’’) to outlaw age discrimination by ment of these civil rights laws more dif- longer available. such employers. In 1990, Congress passed the ficult. Finally, the Garrett and Kimel deci- Americans with Disabilities Act of 1990 (42 (7) Second, they have created a legal re- sions themselves are hardly a model of U.S.C. 12101 et seq.) (referred to in this Act gime that gives State employees fewer rights clarity. In fact, several scholars have as the ‘‘ADA’’) to provide a ‘‘clear and com- than other employees covered by the ADA said that they find them to be incon- prehensive national mandate’’, as described and the ADEA. At present, employees of sistent with prior case law, at odds in section 2(b)(1) of that Act (42 U.S.C. local governments and employees in the pri- 12101(b)(1)), to eliminate discrimination vate sector are entitled to sue in Federal with the clear language of the Con- against individuals with disabilities, even court for money damages for violations of stitution, disrespectful of Congress’s when that discrimination came at the hands the ADA or the ADEA. For the more than role in our system of government, and of States, including State employers. insensitive to the plight of those who (2)(A) Many years have passed since the en- 2,500,000 individuals who work for the States, are the victims of discrimination. actment of those laws, but discrimination on however, such relief is no longer available.

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00118 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2006 CONGRESSIONAL RECORD — SENATE S8843 (8) Although most States have laws in ef- repeatedly through the years and reaffirmed ages for any violation of the ADA or the fect that bar discrimination on the basis of recently. United States v. Butler, 297 U.S. 1 ADEA; and age or disability, those laws are insufficient (1936) (declaring that Congress may exert au- (2) to provide that a State’s receipt or use to provide redress for those individuals who thority through its spending power); South of Federal financial assistance for any pro- are subjected to discrimination by State em- Dakota v. Dole, 483 U.S. 203 (1987) (upholding gram or activity of a State shall constitute ployers or agencies. condition requiring the establishment of a a waiver of sovereign immunity, under the (9) A few States apply the doctrine of sov- drinking age of 21 years in exchange for the 11th amendment to the Constitution or oth- ereign immunity to completely bar State receipt of Federal highway dollars). In fact, erwise, to a suit brought by any employee or employees from suing in State court for age the Supreme Court has specifically held that person aggrieved by that program or activity discrimination. In several States, it is still Congress may require a State, as a condition for any violation of the ADA or the ADEA. unclear whether State law claims can pro- of receiving Federal financial assistance, to ceed in State court for age discrimination or waive its immunity from suit for violations SEC. 4. ABROGATION OF STATE SOVEREIGN IM- whether those claims are barred by sovereign of Federal law. College Savings Bank v. Flor- MUNITY. immunity. Finally, there are many States ida Prepaid Postsecondary Education Ex- (a) AGE DISCRIMINATION IN EMPLOYMENT that severely limit or restrict the kinds of pense Board, 527 U.S. 666 (1999). ACT OF 1967.—Section 7 of the Age Discrimi- remedies or monetary relief available to (17) Congress has previously used its spend- nation in Employment Act of 1967 (29 U.S.C. State employees who bring suits for dis- ing power to require States to waive their 626) is amended by adding at the end the fol- crimination on the basis of age. immunity from suit in exchange for receiv- lowing: (10) The same problems exist with State ing Federal financial assistance. For in- laws regarding disability discrimination. In stance, the provisions of section 1003 of the ‘‘(g) WAIVER OF SOVEREIGN IMMUNITY.— fact, one recent analysis has shown that Rehabilitation Act Amendments of 1986 (42 ‘‘(1) WAIVER.—A State’s receipt or use of there are significant gaps in the coverage U.S.C. 2000d–7) provide that a State shall not Federal financial assistance for any program and remedies available under State laws out- be immune from suit under the 11th amend- or activity of a State shall constitute a lawing discrimination. ment for violations of section 504 of the Re- waiver of sovereign immunity, under the (11) Thus, while State laws are important habilitation Act of 1973 (29 U.S.C. 794), title 11th amendment to the Constitution or oth- in trying to stem discrimination on the basis IX of the Education Amendments of 1972 (20 erwise, to a suit brought by any employee or of age or disability, they are currently inad- U.S.C. 1681 et seq.), the Age Discrimination person aggrieved by that program or activity equate to close the loophole created by the Act of 1975 (42 U.S.C. 6101 et seq.), and title for equitable, legal, or other relief author- Kimel and Garrett decisions. VI of the Civil Rights Act of 1964 (42 U.S.C. ized by or through this Act. (12) In the years since the Kimel and Gar- 2000d et seq.). At least one court, however, ‘‘(2) ABROGATION FOR CONSTITUTIONAL VIO- rett decisions, many States have also chal- has suggested that those provisions do not LATION.—In addition to the abrogation of lenged the constitutionality of title II of the apply to the ADA or the ADEA. Brown v. sovereign immunity already accomplished ADA (42 U.S.C. 12131 et seq.). These chal- Washington Metro Area Transit Authority, by this Act, a State’s sovereign immunity, lenges have forced individuals with disabil- No. DKC 2005–0052, 2005 U.S. Dist. LEXIS under the 11th amendment to the Constitu- ities into extensive litigation about sov- 16881 (D. Md. 2005). tion or otherwise, is abrogated for any suit ereign immunity when they seek redress for (18) By requiring States to waive their im- brought by any employee or person for equi- disability discrimination in such funda- munity from suit under the ADA and the table, legal, or other relief authorized by or mental areas as access to the courts, access ADEA in exchange for receiving Federal as- through this Act, for conduct that violates to community-based services, access to sistance, the Federal government can ensure the 14th amendment (including the constitu- State-sponsored health insurance, access to that Federal dollars are not ‘‘frittered away’’ tional rights incorporated in the 14th amend- public transportation, access to handicapped on unlawful discrimination. Such a condi- ment) and that also violates this Act. parking, access to mental health services, tional waiver will help Congress ‘‘protect the ‘‘(3) DEFINITIONS.—In this subsection: and access to public education. The Supreme integrity of the vast sums of money distrib- ‘‘(A) PROGRAM OR ACTIVITY.— Court has issued several decisions that invite uted through Federal programs’’. Sabri v. ‘‘(i) IN GENERAL.—The term ‘program or ac- even more litigation. In Tennessee v. Lane, United States, 541 U.S. 600 (2004). ‘‘Simple tivity’ has the meaning given the term in for instance, the Court held that, under the justice requires that public funds, to which section 309 of the Age Discrimination Act of particular facts of that case, a plaintiff could all taxpayers . . . contribute, not be spent in 1975 (42 U.S.C. 6107). sue the State for money damages under title any fashion which encourages, entrenches, ‘‘(ii) OPERATIONS INCLUDED.—The term in- II of the ADA, even though the Court, in the subsidizes, or results in . . . discrimination’’. cludes any operation carried out, funded, or Garrett case, had barred a claim for such Lau v. Nichols, 414 U.S. 563 (1974). This sim- arranged by an entity described in clause (i) damages under title I of that Act (42 U.S.C. ple principle applies whether the discrimina- or (ii) of section 309(4)(A) of such Act (42 12111 et seq.) Tennessee v. Lane, 541 U.S. 509 tion is based on race, as in the Lau case, or U.S.C. 6107(4)(A)) that receives Federal finan- (2004). age, or disability, as in Barbour v. Wash- cial assistance, even if the entity does not (13) After the Lane decision, some claims ington Metro Area Transit Authority, 374 use the Federal financial assistance for the against States are permitted to proceed F.3d 1161 (D.C. Cir. 2004). operation. under the ADA, while others are not. This (19) Such a conditional waiver does not co- ‘‘(B) RECIPIENT.—A State shall be consid- has made it extremely difficult for the vic- erce a State in any way. The Supreme Court ered to receive Federal financial assistance tims of discrimination, States, and Congress has recognized that a State’s voluntary for a program or activity if the program or to determine precisely when States are sub- waiver of its 11th amendment right is con- activity— ject to suit under the ADA and when they stitutional. College Savings Bank v. Florida ‘‘(i) receives the assistance from an inter- are not. The confusion has spawned a signifi- Prepaid Postsecondary Education Expense mediary; and cant amount of litigation in the lower Fed- Board, 527 U.S. 666 (1999) (citing Clark v. Bar- ‘‘(ii) is the intended recipient under the eral courts. This jurisprudence has even nard, 108 U.S. 436 (1883)). The Court has ex- statutory provision through which the inter- caused the Chairman of the Committee on plicitly recognized that a State’s acceptance mediary receives the assistance. the Judiciary of the Senate, Senator Arlen of Federal funds constitutes a knowing ‘‘(C) CONSTRUCTION.—Nothing in this para- Specter, to condemn the Court’s recent deci- agreement to a congressionally-imposed con- graph shall be construed to suggest that, for sions as ‘‘inexplicable’’. dition on the funds. Thus, while Congress purposes of this subsection or title III of (14) The Constitution provides Congress may not compel States to waive their immu- such Act— with the power to enact legislation— nity granted under the 11th amendment, a ‘‘(i) the term ‘program or activity’ would (A) to clarify that, despite the Supreme voluntary State waiver condition is wholly not include the operation described in sub- Court’s decisions in the Kimel and Garrett permissible. Alden v. Maine, 527 U.S. 706 paragraph (A)(ii), in the absence of this para- cases, the States are subject to suit just like (1999). graph; or other entities when the States violate the (20) The Kimel and Garrett decisions frus- ‘‘(ii) a State described in subparagraph (B) ADA and the ADEA; and trate the ability of the ADA and the ADEA would not be considered to receive Federal (B) to end the confusion created by the to protect individual rights and remedy vio- financial assistance for a program or activ- Court’s decision in the Lane case. lations of Federal law. In the wake of those ity, in the absence of this paragraph.’’. (15) Under section 8 of article I of the Con- decisions, and in recognition that State laws (b) TITLE I OF THE AMERICANS WITH DIS- stitution, ‘‘The Congress shall have power to may be insufficient to protect against dis- ABILITIES ACT OF 1990.—Section 107 of the lay and collect taxes, duties, imposts and ex- crimination on the basis of age or disability, Americans with Disabilities Act of 1990 (42 cises, to pay the debts and provide for the it is essential to require that States waive U.S.C. 12117) is amended by adding at the end common defense and general welfare of the their immunity from suit under the ADA and United States’’. the ADEA for those programs or activities the following: (16) Congress’ power under this language, receiving Federal financial assistance. ‘‘(c) WAIVER OF SOVEREIGN IMMUNITY.— known as the Spending Clause, is well-estab- SEC. 3. PURPOSES. ‘‘(1) WAIVER.—A State’s receipt or use of lished. Under this Clause, Congress has the The purposes of this Act are— Federal financial assistance for any program power to require the States to abide by cer- (1) to provide to any State employee or or activity of a State shall constitute a tain conditions in exchange for receiving person aggrieved by any program or activity waiver of sovereign immunity, under the Federal financial assistance. This authority that receives Federal financial assistance 11th amendment to the Constitution or oth- has been recognized by the Supreme Court the right to sue the State for money dam- erwise, to a suit brought by any employee or

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00119 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8844 CONGRESSIONAL RECORD — SENATE August 3, 2006 person alleging a violation of this title (in- cluding regulations promulgated under sec- chemicals coming across the border of cluding regulations promulgated under sec- tion 204, 229, or 244) or section 503. the United States; to the Committee tion 106) or section 503, or otherwise ag- ‘‘(3) DEFINITIONS.—In this subsection: on the Judiciary. grieved, by that program or activity for eq- ‘‘(A) PROGRAM OR ACTIVITY.— uitable, legal, or other relief authorized by ‘‘(i) IN GENERAL.—The term ‘program or ac- Mr. BURNS. Mr. President, I rise or through this Act or section 1977A of the tivity’ has the meaning given the term in today because, despite the heroic ef- Revised Statutes (42 U.S.C. 1981a). section 504(b) of the Rehabilitation Act of forts of law enforcement agencies in ‘‘(2) ABROGATION FOR CONSTITUTIONAL VIO- 1973 (29 U.S.C. 794(b)). Montana and elsewhere around the LATION.—In addition to the abrogation of ‘‘(ii) OPERATIONS INCLUDED.—The term in- country, the use of methamphetamine sovereign immunity already accomplished cludes any operation carried out, funded, or by section 502, a State’s sovereign immunity, arranged by an entity described in subpara- continues to rise. In the Senate, we under the 11th amendment to the Constitu- graph (A) or (B) of section 504(b)(1) of such have passed legislation to fund efforts tion or otherwise, is abrogated for any suit Act (29 U.S.C. 794(b)(1)) that receives Federal to go after domestic production of brought by any employee or person for equi- financial assistance, even if the entity does meth—from provisions of the USA PA- table, legal, or other relief authorized by or not use the Federal financial assistance for TRIOT Act, which restricted the sale of through this Act or section 1977A of the Re- the operation. pseudoephedrine, to funds for the vised Statutes (42 U.S.C. 1981a), for conduct ‘‘(B) RECIPIENT.—A State shall be consid- cleanup of meth labs. While law en- that violates the 14th amendment (including ered to receive Federal financial assistance the constitutional rights incorporated in the for a program or activity if the program or forcement officials report that these 14th amendment) and that also violates this activity— efforts are in fact reducing the produc- title (including regulations promulgated ‘‘(i) receives the assistance from an inter- tion of meth within our borders, they under section 106) or section 503. mediary; and also tell me that foreign-produced ‘‘(3) DEFINITIONS.—In this subsection: ‘‘(ii) is the intended recipient under the meth is being imported to fill the sup- ‘‘(A) PROGRAM OR ACTIVITY.— statutory provision through which the inter- ply void. ‘‘(i) IN GENERAL.—The term ‘program or ac- mediary receives the assistance. tivity’ has the meaning given the term in ‘‘(C) CONSTRUCTION.—Nothing in this para- For this reason, I have introduced section 504(b) of the Rehabilitation Act of graph shall be construed to suggest that, for the ‘‘Methamphetamine Trafficking 1973 (29 U.S.C. 794(b)). purposes of this subsection or such section Prevention Act of 2006’’ in order to ‘‘(ii) OPERATIONS INCLUDED.—The term in- 504— bring additional Federal resources to cludes any operation carried out, funded, or ‘‘(i) the term ‘program or activity’ would arranged by an entity described in subpara- bear on this problem. I want to thank not include the operation described in sub- my colleagues, Senate Majority Leader graph (A) or (B) of section 504(b)(1) of such paragraph (A)(ii), in the absence of this para- Act (29 U.S.C. 794(b)(1)) that receives Federal graph; or FRIST, Senator DEWINE, Senator financial assistance, even if the entity does ‘‘(ii) a State described in subparagraph (B) ALLARD, Senator COLEMAN, Senator not use the Federal financial assistance for would not be considered to receive Federal ALLEN and Senator SMITH for joining the operation. financial assistance for a program or activ- me in sponsoring this legislation. The ‘‘(B) RECIPIENT.—A State shall be consid- ity, in the absence of this paragraph.’’. United States shares around 4,000 miles ered to receive Federal financial assistance SEC. 5. EFFECTIVE DATE. of border with Canada and almost 2,000 for a program or activity if the program or (a) AGE DISCRIMINATION IN EMPLOYMENT activity— miles with Mexico. Controlling what ACT OF 1967.— comes across these borders must be a ‘‘(i) receives the assistance from an inter- (1) IN GENERAL.—With respect to a par- mediary; and ticular program or activity, paragraphs (1) top priority for national security. ‘‘(ii) is the intended recipient under the and (3) of section 7(g) of the Age Discrimina- A report recently released by the statutory provision through which the inter- tion in Employment Act of 1967 (29 U.S.C. mediary receives the assistance. President’s Office of National Drug 626(g)) apply to conduct occurring on or after Control Policy, the Department of Jus- ‘‘(C) CONSTRUCTION.—Nothing in this para- the day, after the date of enactment of this graph shall be construed to suggest that, for Act, on which a State first receives or uses tice, and the Department of Health and purposes of this subsection or such section Federal financial assistance for that pro- Human Services had this to say: 504— gram or activity. Section 7(g)(2) of the Age The most urgent priority of the Federal ‘‘(i) the term ‘program or activity’ would Discrimination in Employment Act of 1967 not include the operation described in sub- Government toward reducing the supply of (29 U.S.C. 626(g)(2)) applies to all civil ac- methamphetamine in the Untied States will paragraph (A)(ii), in the absence of this para- tions pending on that date of enactment or graph; or be to tighten the international market for filed thereafter. chemical precursors, such as pseudo- ‘‘(ii) a State described in subparagraph (B) (2) PROGRAM OR ACTIVITY; RECEIVES FED- would not be considered to receive Federal ephedrine and ephedrine, used to produce the ERAL FINANCIAL ASSISTANCE.—The definition drug. Most of the methamphetamine used in financial assistance for a program or activ- and rule specified in subparagraphs (A) and ity, in the absence of this paragraph.’’. America—probably between 75 and 85 per- (B) of section 7(g)(3) of such Act (29 U.S.C. cent—is made with chemical precursors that (c) TITLE II OF THE AMERICANS WITH DIS- 626(g)(2)) shall apply for purposes of this sub- ABILITIES ACT OF 1990.—Section 203 of the are diverted at some point from the inter- section. national stream of commerce . . . Although Americans with Disabilities Act of 1990 (42 (b) AMERICANS WITH DISABILITIES ACT OF domestic enforcement continues to be a pri- U.S.C. 12133) is amended— 1990.— (1) by inserting ‘‘(a) IN GENERAL.—’’ before ority, the impact of State laws controlling (1) IN GENERAL.—With respect to a par- retail access to precursors, together with ‘‘The’’; and ticular program or activity, paragraphs (1) Federal, State, and local enforcement ef- (2) by adding at the end the following: and (3) of section 107(c) and paragraphs (1) ‘‘(b) WAIVER OF SOVEREIGN IMMUNITY.— forts, has had a significant impact on the do- and (3) of section 203(b) of the Americans ‘‘(1) WAIVER.—A State’s receipt or use of mestic production of methamphetamine. As with Disabilities Act of 1990 (42 U.S.C. Federal financial assistance for any program a result, a larger proportion of the meth- 12117(c), 12133(b)) apply to conduct occurring or activity of a State shall constitute a amphetamine consumed in the United States on or after the day, after the date of enact- waiver of sovereign immunity, under the is now coming across the border as a final ment of this Act, on which a State first re- 11th amendment to the Constitution or oth- product . . . ceives or uses Federal financial assistance erwise, to a suit brought by any employee or for that program or activity. Sections person alleging a violation of this title (in- Meth trafficking has quickly adapted 107(c)(2) and 203(b)(2) of the Americans with cluding regulations promulgated under sec- to increased domestic efforts to stem Disabilities Act of 1990 (42 U.S.C. 12117(c)(2), tion 204, 229, or 244) or section 503, or other- production and the need for an inter- 12133(b)(2)) apply to all civil actions pending wise aggrieved, by that program or activity on that date of enactment or filed thereafter. national solution is clear. for equitable, legal, or other relief author- (2) PROGRAM OR ACTIVITY; RECEIVES FED- ized by or through this Act. This legislation will provide an addi- ERAL FINANCIAL ASSISTANCE.—The definition ‘‘(2) ABROGATION FOR CONSTITUTIONAL VIO- tional $15 million for the Department and rule specified in subparagraphs (A) and LATION.—In addition to the abrogation of of Justice’s Meth Hot Spots Program (B) of section 107(c)(3) of such Act (42 U.S.C. sovereign immunity already accomplished for the creation of ‘‘Border Technology 12117(c)(3)) shall apply for purposes of this by section 502, a State’s sovereign immunity, subsection. Grants’’ to support technology used to under the 11th amendment to the Constitu- detect meth and substances used to tion or otherwise, is abrogated for any suit By Mr. BURNS (for himself, Mr. make meth on the border through aer- brought by any employee or person for equi- ial surveillance and to find meth labs table, legal, or other relief authorized by or FRIST, Mr. DEWINE, Mr. through this Act, for conduct that violates ALLARD, Mr. COLEMAN, Mr. around the border with hyperspectral the 14th amendment (including the constitu- SMITH, and Mr. ALLEN): sensors. Another $5 million will be pro- tional rights incorporated in the 14th amend- S. 3825. A bill to end the flow of vided to the Drug Enforcement Agency ment) and that also violates this title (in- methamphetamine and precursor for trace chemical detectors to be used

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00120 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2006 CONGRESSIONAL RECORD — SENATE S8845 on U.S. borders. These sensors will also nately, many married Guard members S. 3828. A bill to amend title 4, assist in locating explosive devices. and reservists on active duty lose their United States Code, to declare English The international nature of meth income from their civilian jobs when as the official language of the Govern- trafficking makes Federal action nec- they are activated. It is unconscionable ment of the United States, and for essary, but the United States cannot that we would make these soldiers other purposes; to the Committee on act alone. This legislation will also co- choose between their duty to our coun- Homeland Security and Governmental ordinate Federal drug enforcement ef- try and the financial security of their Affairs. forts with foreign counterparts in order families. Mr. INHOFE. Mr. President, there to devise a strategy to fight meth pro- That is why I am introducing the Cit- are many things we take for granted duction across national borders. Offi- izen Soldier Relief Act, which would that have made our Nation prosperous. cials from the U.S. Trade Representa- exempt from taxation incomes earned The Founding Fathers spent their lives tive will discuss meth trafficking with by members of the Reserve component seeking to create a United States of trading partners in multi- and bi-lat- that are called to duty outside the tra- America that could survive against the eral negotiations in order to curb the ditional 1 weekend per month and 2 great powers of England, France, and shipment of this dangerous substance. weeks per year. My bill would address Spain. The impacts of the meth crisis are a current void that exists in tax relief These men knew that America had at felt nationwide. In Montana, I have for our National Guard members and least one advantage over the European seen first-hand the consequences of reservists who serve in noncombat-re- powers: size. President Jefferson’s Lou- meth addiction on individuals, their lated capacities. isiana Purchase of 1803 effectively dou- families, and communities. Nowhere By providing tax relief for these bled the size of the United States and are these problems more serious than hard-working men and women, we can provided a means by which America’s on Indian Reservations. In Montana, show them that our Nation appreciates inland farmers would have a guaran- there are several reservations on or their service and their sacrifice. I ask teed way to ship their products to mar- near the Canadian border. While Mon- my colleagues to support this impor- ket. tana’s law enforcement has done a good tant legislation. Even today, the comparison remains job shutting down meth labs in Mon- I ask unanimous consent that the striking when you ask, ‘‘How far will tana, the flow of meth from Canada text of the bill be printed in the one gallon of fuel move one ton of and Mexico has more than replaced do- RECORD. freight?’’ mestic meth production. This bill There being no objection, the text of would require the Department of Jus- the bill was ordered to be printed in One gallon of fuel can move a ton of tice to report to Congress the problems the RECORD, as follows: freight 59 miles by truck and 386 miles faced on these reservations with re- S. 3826 by rail. That same gallon of fuel will spect to meth abuse and trafficking. Be it enacted by the Senate and House of Rep- move a ton of freight by water 522 It is time to take the response to this resentatives of the United States of America in miles. crisis to a new—international—level Congress assembled, One of the main reasons for the econ- and I encourage my colleagues to sup- SECTION 1. SHORT TITLE. omy of waterborne shipping lies in port these efforts. This Act may be cited as the ‘‘Citizen Sol- something physics students know as dier Relief Act of 2006’’. friction and we pilots know as drag. By Mr. MENENDEZ: SEC. 2. EXCLUSION FROM GROSS INCOME FOR MILITARY PAY RECEIVED BY A MEM- The more that friction or drag in- S. 3826. A bill to amend the Internal BER OF A RESERVE COMPONENT OF crease, the more that fuel economy de- Revenue Code of 1986 to exclude from THE ARMED FORCES OF THE creases. There is a lot of friction be- gross income military pay received by UNITED STATES CALLED TO ACTIVE tween a road and a truck. There is far DUTY. a member of a reserve component of less between a ship and a river. the Armed Forces of the United States (a) IN GENERAL.—Section 112 of the Inter- nal Revenue Code of 1986 (relating to certain This simple rule led me to lead the who is called to active duty; to the combat zone compensation of members of fight for the Water Resources Develop- Committee on Finance. the Armed Services) is amended by adding at ment Act a few days ago. As one of the Mr. MENENDEZ. Mr. President, over the end the following new subsection: most fiscally conservative Members of the past few decades, our country has ‘‘(e) RESERVE COMPONENTS CALLED TO AC- this body, I have long argued that the TIVE DUTY.—In the case of an individual— seen a major shift in the way that our two most important functions of the Reserve component has been used. Tra- ‘‘(1) who is called or ordered to active duty in the Armed Forces of the United States for Federal Government are to provide for ditionally, National guardsmen and re- national defense and public infrastruc- servists have supplemented our active- a period in excess of 180 days or for an indefi- nite period, and ture. duty troops at times of a major war or ‘‘(2) at the time so called or ordered is a Efficiency and economics require the conflict. But as America faces ever-in- member of a reserve component of the Government to not only plan but to creasing military challenges, we see Armed Forces of the United States, construct and maintain public infra- these forces now replacing active duty gross income shall not include military pay structure. Investments in real public troops in operations around the world. (as defined in section 101(21) of title 37, Since September 11, a large number United States Code) received by such indi- infrastructure, like waterways and of our Reserve component has been vidual on account of such active duty serv- barge canals, create economies of scale called to active duty, and it is expected ice.’’. that have made the American economy (b) CONFORMING AMENDMENTS.— to remain that way for the foreseeable a wonder of the world. (1) The heading for section 112 of such Code My determination to stand up in this future. Our Nation not only relies on is amended by inserting before the period the National Guard during times of ‘‘; PAY OF MEMBERS OF RESERVE COMPO- Chamber at every opportunity on be- war, but during crises and disasters NENTS OF SUCH ARMED FORCES CALLED half of national defense and public in- within our borders. In my home State TO ACTIVE DUTY’’. frastructure is a large part of the rea- of New Jersey, we have witnessed the (2) The item relating to section 112 in the son I am introducing legislation today critical role the Guard plays in sup- table of sections for part III of subchapter B to make English America’s official lan- of chapter 1 of such Code is amended by in- porting our first responders and assist- guage. serting before the period ‘‘; pay of members A common means of communication ing with domestic emergencies. The of reserve components of such Armed Forces Guard immediately responded to the 9/ called to active duty’’. has created one giant market for goods 11 attacks, provided relief in the after- (3) Section 3401(a)(1) of such Code is amend- and labor from Maine to California. A math of the hurricanes on the gulf ed by inserting ‘‘; pay of members of reserve resident of Tulsa can seek work in New coast, and aided New Jerseyans after components of such Armed Forces called to Hampshire, Oregon, or Georgia without the flooding in our State. active duty’’ after ‘‘United States’’. having to learn a second language. A As our Nation continues to rely on (c) EFFECTIVE DATE.—The amendments company based in Oklahoma City can made by this section shall apply to taxable readily sell its products from Portland, the efforts of National Guard members years beginning after the date of the enact- and reservists, it is imperative that we ment of this Act. ME, to Los Angeles, CA. provide them and their families the In Europe, by contrast, a resident of support they need at home. Unfortu- By Mr. INHOFE: Berlin cannot look for work in Paris or

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00121 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8846 CONGRESSIONAL RECORD — SENATE August 3, 2006 Warsaw without surmounting consider- polling place is one of the few remain- America. I urge its speedy passage by able language barriers. A German com- ing civic rituals we perform as Ameri- my colleagues. pany cannot easily sell its products in cans. Madrid, again, in part because of the I can remember going along with my By Mr. DOMENICI (for himself language barrier. mother on election day; the American and Mr. BINGAMAN): The European Union is an effort to flag behind the table where voters create a United States-like common signed in and were verified as eligible; S. 3832. A bill to direct the Secretary market in Western Europe, among the sound of the ‘‘thunk’’ of the levers of the Interior to establish criteria to other things. Europeans are spending on the voting machine. I remember transfer title to reclamation facilities, billions of euros to try to replicate thinking even then that voting was a and for other purposes; to the Com- what we Americans have enjoyed for privilege to be approached seriously. mittee on Energy and Natural Re- free these past 230 years. In all too many places these days, sources. There are too many signs that we are the local polling place resembles noth- Mr. DOMENICI. Mr. President, since allowing this great advantage of an ing more than a branch of the Mexican its inception in 1902, the Bureau of Rec- American nation united by a common consulate or an outpost of the United lamation has constructed numerous fa- language to slip through our fingers. Nations—signs in two, three, or even cilities which have supplied much of more languages; people yelling at President Bill Clinton created the the water and power necessary to popu- weary poll workers because a Can- most radical language policy 6 years late the Western United States. The tonese speaker was summoned to ago when he signed Executive Order— National Research Council of the Na- translate for a speaker of Mandarin E.O.—13166 on August 11, 2000. tional Academy of Sciences estimates E.O. 13166 declared that all recipients Chinese. My constituents ask me all the time that Reclamation currently owns 673 of Federal funds had to be ready to pro- facilities that are part of 178 major vide all services in any language any- how people are supposed to cast an in- formed vote if they cannot follow the projects. When many of these facilities one wished to speak at any time. were constructed, there were few local E.O. 13166 means that while Canada debates, which are in English, and read communities and utilities capable of has only two official languages and the the campaign literature, also in assuming title to the facilities. How- United Nations just six, the United English. Bilingual ballots strike many ever, this is no longer the case. Many States now has over 200 official lan- of my constituents as an invitation to project beneficiaries are both willing guages. all kinds of voting fraud. Efforts to repeal E.O. 13166 have run Of course, when the Government at- and able to receive title to Reclama- tempts to please everyone by trans- aground because of a fundamental mis- tion facilities. lating important documents into mul- understanding of what repeal would The growth of the environmental tiple languages, mistakes are inevi- mean. movement during the 1970s, explosive table. After the debate on my official To mention just one example out of population growth in the West, Indian English amendment, S.A. 4064, to the many, in 1993, the Chinese ballot in water rights claims, and urbanization Senate immigration bill, S. 2611, E.J. New York City had the Chinese char- transformed Reclamation from an Dionne, Jr., told readers of the May 23 acters for the word ‘‘no’’ as a trans- agency that plans, designs, and con- Washington Post that he was still lation of the English word ‘‘yes.’’ One structs large projects into one that going to pray over his children in can only imagine the confusion that manages existing Reclamation facili- French. I have only one word to say to ensued. ties and allocates water resources in Mr. Dionne: relax. Official English is popular, even accordance with applicable law. Cor- Neither my earlier amendment to the among Hispanics. As I said before dur- respondingly, appropriations for Rec- immigration legislation nor the legis- ing the debate on my amendment, if lamation have decreased over the past lation I am introducing today will have you look at some of the recent polling 40 years. As chairman of the Energy any impact whatsoever on the prayers data, such as the Zogby poll in 2006, it and Water Development Appropriations of the Dionne family or, for that mat- found 84 percent of Americans, includ- Subcommittee, I have become increas- ter, a dinner table chat in Spanish or a ing 77 percent of Hispanics, believed ingly concerned that Reclamation family discussion in Navajo. that English should be the national lacks adequate resources to fulfill its Official English laws are not directed language of government operations. A current mission, particularly in light at the language people themselves poll of 91 percent of foreign-born of increasing nonreimbursable expendi- choose to speak but, rather, in what Latino immigrants agreed that learn- tures required for operations, mainte- language the Government speaks to ing English is essential to succeed in nance, and rehabilitation of Reclama- the American people. the United States, according to a 2002 tion facilities. For this reason, we need My bill basically recognizes the prac- Kaiser Family Foundation survey. to investigate opportunities, including tical reality of the role of English as I wish to conclude by saying that I title transfers, to make more money our national language. It states explic- think it would be a tremendous dem- available to Reclamation. itly that English is our national lan- onstration of good faith by the White Reclamation project beneficiaries guage and provides English a status in House to support my legislation. Amer- frequently claim that Reclamation law it has not before held. ica has plenty of language problems al- services passed on to customers are far Making English the official language ready. will clarify that there is no entitle- If the Senate version of the Presi- more expensive than comparable serv- ment to receive Federal documents and dent’s immigration proposals should ices in the private sector and that Rec- services in languages other than become law, every guest worker and lamation ownership of these facilities English. My legislation declares that ever recipient of amnesty would arrive imposes an unnecessary administrative any rights of a person, as well as serv- on our shores as a little bundle of lin- burden on project beneficiaries. For ices or materials in languages other guistic entitlements. Local govern- these reasons, many project bene- than English, must be authorized or ment offices and public schools will be ficiaries who have fulfilled their con- provided by law. It recognizes the dec- simply overwhelmed by the costly lan- struction repayment obligations would ades of unbroken court opinions that guage mandates each of these individ- like to pursue the transfer of title to civil rights laws protecting against na- uals and their families will trigger. Reclamation facilities and land. In ad- tional origin and discrimination do not A nation certain of its language and dition to benefiting project bene- create rights to Government services culture can continue to be a welcoming ficiaries, transfer of title to Reclama- and materials in languages other than nation to legal immigrants. A nation tion facilities also divests the Federal English. with uncontrolled borders and no con- Government of the liability, operation, If passed, my bill will also repeal all victions about what it expects immi- maintenance, management, and regula- bilingual, or foreign-language, ballot grants to do once they arrive will soon tion associated with these facilities. In mandates. There is a reason bilingual become a nation in name only. its framework for transfer of title to ballots make so many of my constitu- Mr. President, my legislation is good Reclamation facilities, Reclamation ents upset. Gathering together at the for America and good for everyone in acknowledged its commitment to a

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00122 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2006 CONGRESSIONAL RECORD — SENATE S8847 Federal Government that ‘‘works bet- (5) STAKEHOLDER.—The term ‘‘stakeholder’’ (5) procedures to allow the Secretary to ad- ter and costs less.’’ I believe that pur- means— dress real property and cultural and historic suing title transfers on a widespread (A) a project beneficiary; and preservation issues in a more efficient man- basis is consistent with this policy. (B) any person that— ner; and While Reclamation currently has an (i) receives an indirect benefit from a rec- (6) any other criteria that the Secretary lamation facility; or determines to be appropriate. administrative process for determining (ii) may be particularly affected by any which uncomplicated transfers should (c) USE OF EXISTING CRITERIA.—For pur- transfer of title to a reclamation facility. poses of establishing the criteria under sub- be pursued by Congress, it is my belief SEC. 3. TITLE TRANSFER. that the process is not as aggressive or section (a), the Secretary shall, to the max- (a) IN GENERAL.—Not later than 1 year imum extent practicable and consistent with comprehensive as it should be. The bill after the date of enactment of this Act, the this Act, incorporate any applicable criteria Secretary shall establish criteria for the I introduce today would direct the Sec- that are in existence on the date of enact- transfer of title to reclamation facilities retary of the Interior to promulgate ment of this Act, including the criteria for from the United States to project bene- criteria for the transfer of title to Rec- the transfer of title to uncomplicated ficiaries or an entity approved by project lamation facilities and lands, including projects described in the Bureau of Reclama- beneficiaries. multipurpose and multibeneficiary (b) INCLUSIONS.—The criteria established tion document entitled ‘‘Framework for the projects. The bill also directs the Sec- under subsection (a) shall include— Transfer of Title: Bureau of Reclamation retary of the Interior to undertake a (1) criteria requiring that— Projects’’ and dated August 7, 1995. study to identify which Reclamation (A) project beneficiaries (or an entity ap- SEC. 4. REPORT. facilities may be appropriate for trans- proved by the project beneficiaries) be will- ing to have title to a reclamation facility Not later than 2 years after the date of en- fer. Consistent with current policy, actment of this Act, the Secretary shall sub- Congress would evaluate which of these transferred to the project beneficiaries; (B) if the project beneficiaries have not yet mit to the Committee on Energy and Nat- facilities should be transferred. assumed operations, maintenance, and reha- ural Resources of the Senate and the Com- I realize that title transfer may not bilitation of the applicable reclamation fa- mittee on Resources of the House of Rep- be appropriate for every Reclamation cility, the project beneficiaries be capable of resentatives a report that includes any rec- facility. However, I believe that there assuming operations, maintenance, and reha- ommendations of the Secretary with respect are a great number of instances in bilitation of the reclamation facility; to which reclamation facilities may be ap- which title transfer would benefit the (C) if there are multiple project bene- propriate for transfer in accordance with the United States and Reclamation cus- ficiaries, there is an agreement among mul- criteria established under section 3(a). tomers. tiple project beneficiaries relating to the SEC. 5. AUTHORIZATION OF APPROPRIATIONS. I thank Senator BINGAMAN, ranking transfer of title to a reclamation facility; and There is authorized to be appropriated to member of the Energy and Natural Re- carry out this Act $2,000,000 for the period of sources Committee, for being an origi- (D) project beneficiaries be willing to as- sume any liability associated with the rec- fiscal years 2007 through 2010. nal cosponsor of this legislation. lamation facility for which title is proposed SEC. 6. TERMINATION OF AUTHORITY. I ask unanimous consent that the to be transferred; text of the bill be printed in the (2) criteria requiring an assessment by the The authority of the Secretary to carry RECORD. Secretary of— out this Act terminates on the date that is 5 There being no objection, the text of (A) any effects that the transfer of title years after the date of enactment of this the bill was orderd to be printed in the would have on the ability of the Federal Act. RECORD, as follows: Government to carry out the trust responsi- S. 3832 bility of the Federal Government with re- By Mr. KERRY: spect to any Indian tribe; Be it enacted by the Senate and House of Rep- S. 3833. A bill to authorize support for resentatives of the United States of America in (B) the cost savings to the United States if title to a reclamation facility is transferred; the Armed Forces Support Foundation Congress assembled, in assisting members of the National SECTION 1. SHORT TITLE. (C) the interest of the project beneficiaries This Act may be cited as the ‘‘Reclamation in owning the reclamation facility; Guard and Reserve and former mem- Facility Title Transfer Act of 2006’’. (D) any environmental considerations asso- bers of the Armed Forces in securing SEC. 2. DEFINITIONS. ciated with the transfer of title to a reclama- employment in the private sector, and In this Act: tion facility; for other purposes; to the Committee (E) whether stakeholders will be adversely (1) INDIAN TRIBE.—The term ‘‘Indian tribe’’ on Armed Services. means an Indian tribe, band, Nation, or impacted by the transfer; other organized group or community that is (F) the ability of project beneficiaries to Mr. KERRY. Mr. President, today I recognized as eligible for the special pro- meet financial obligations associated with a am introducing the Armed Forces Em- grams and services provided by the United reclamation facility, including— ployment Support Act, AFESA, which States to Indians because of their status as (i) transactional costs; and will help members of our Armed Forces Indians. (ii) costs associated with meeting the com- transition to employment after their (2) PROJECT BENEFICIARY.—The term pliance requirements of the National Envi- military service. My legislation will ronmental Policy Act of 1969 (42 U.S.C. 4321 ‘‘project beneficiary’’ means 1 or more con- help the Armed Forces Support Foun- tractors or other persons or entities that re- et seq.); ceive a direct benefit under 1 or more of the (G) any legal considerations associated dation, AFSF, a nonprofit organization authorized purposes for a reclamation facil- with the transfer of title to a reclamation fa- that helps military veterans and mem- ity. cility, including any Federal, State, tribal, bers of the National Guard and Reserve (3) RECLAMATION FACILITY.— and local laws, international treaties, and find jobs in the private sector, create (A) IN GENERAL.—The term ‘‘reclamation interstate compacts that apply to the trans- new programs that help veterans ob- facility’’ means any single-purpose or multi- fer of title of a reclamation facility to tain jobs after their service to the Na- purpose structure, reservoir, impoundment, project beneficiaries; and tion. ditch, canal, pumping station, or other facil- (H) the willingness and ability of project ity for the storage, diversion, distribution, beneficiaries to fulfill any legal obligations This legislation is necessary to ad- or conveyance of water— associated with receiving title to a reclama- dress disproportionate unemployment (i) that is— tion facility, including compliance with any rates for young veterans, the cost to (I) authorized by Federal reclamation law; Federal, State, tribal, and local laws, inter- the Government to provide unemploy- and national treaties, and interstate compacts ment insurance, and skilled labor (II) constructed by the United States under that apply to the transfer of title of a rec- that law; lamation facility to project beneficiaries; shortages in key industries. For in- (ii) for which the United States holds title; (3) procedures for— stance, the unemployment rate for vet- and (A) soliciting stakeholder involvement in erans aged 22 to 26 is three times the (iii) for which any non-Federal construc- the transfer of title to a reclamation facil- national average. The Government has tion repayment obligations, as applicable, ity; and spent $87 million on unemployment have been fulfilled. (B) involving appropriate Federal, State, benefits for recently discharged vet- (B) INCLUSIONS.—The term ‘‘reclamation and local entities in evaluating and carrying erans and lost an estimated $50 million facility’’ includes any land that is appur- out the transfer of title to a reclamation fa- in tax revenue. Further, a study spon- tenant to, and any administrative buildings cility; associated with, a reclamation facility. (4) the requirement that the Secretary pre- sored by the Federal Mediation and (4) SECRETARY.—The term ‘‘Secretary’’ pare a comprehensive list of any items that Conciliation concluded the biggest means the Secretary of the Interior, acting need to be accomplished before the transfer problem facing the transportation in- through the Commissioner of Reclamation. of title to a reclamation facility; dustry is the shortage of skilled labor.

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00123 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8848 CONGRESSIONAL RECORD — SENATE August 3, 2006 The transportation industry will ben- S. 3834. A bill to amend the Con- online pharmacy. The doctor pre- efit from this legislation given that trolled Substances Act to address on- scribing hydrocodone had never met or many veterans have experience in line pharmacies; to the Committee on personally examined Ryan. Ryan sim- transportation from their military the Judiciary. ply filled out the pharmacy’s online service. Mr. SESSIONS. Mr. President, after questionnaire and described himself as Specifically, AFESA authorizes $10 working together with Senator FEIN- a 25-year-old male suffering from million annually through fiscal year STEIN, I am pleased to introduce the chronic back pain. Ryan’s death could 2011 for the National Guard to make Online Pharmacy Consumer Protection have been avoided. grants to AFSF to help it pursue agree- Act of 2006. I have worked to take the I believe that Congress is in the best ments to hire veterans with businesses lead in protecting consumers specifi- position to help prevent teenagers from in industries ranging from transpor- cally as it relates to the sale and dis- purchasing controlled substances and tation to domestic security. tribution of controlled substances and prescription drugs from online rouge AFSF is modeled on a successful vet- prescription drugs over the Internet pharmacies. I also believe that Con- erans employment transition program, and holding liable those who do so via gress has the ability to help prevent Helmets to Hardhats, which has helped unregistered online pharmacies. I com- adult prescription drug abuse by mak- more than 150,000 veterans find jobs in mend Senator FEINSTEIN for her leader- ing it harder to purchase these drugs the construction industry and has re- ship on this issue and look forward to online without a valid prescription. ferred 40,000 veterans into apprentice- working with her to pass this impor- The Online Pharmacy Consumer Pro- ship programs. Helmets to Hardhats tant piece of legislation. tection Act would provide criminal evaluates each veteran it works with This bill would prohibit the distribu- penalties for those who knowingly or to identify that veteran’s experiences. tion of controlled substances and pre- intentionally—unlawfully—dispense It then takes that information and tar- scription drugs by means of the Inter- controlled substances and prescription gets various business within the con- net without a valid prescription and drugs over the Internet; give State at- struction industry that has positions provides for the legitimate online dis- torneys general a civil cause of action that require similar skills. The agree- tribution of those drugs in certain cir- against anyone who violates the act if ments it enters into guarantee a long- cumstances. Two weeks ago, Attorney they have reason to believe that the term partnership that benefit both par- General Gonzalez testified that sale violation affects the interests of their ties. Helmets to Hardhats has also en- and distribution of ‘‘controlled phar- State’s residents; and allow the Fed- tered into an agreement with the Na- maceuticals on the Internet is of great eral Government to take possession of tional Guard to assist with recruiting concern,’’ since it ‘‘gives drug abusers any tangible or intangible property efforts. In 2005, it helped recruit 396 the ability to circumvent the law, as used illegally by online pharmacies. men and women into the National well as sound medical practice.’’ This Guard, which is estimated to have bill would go a long way in addressing The Online Pharmacy Consumer Pro- saved the military $3.7 million in re- the concerns expressed by Attorney tection Act would also require online cruiting costs. General Gonzalez by reigning in a prac- pharmacies to file an additional reg- The success of Helmets to Hardhats tice that has gone unregulated for far istration statement with the Attorney has been noted in the media, by the Na- too long. General and meet additional registra- tional Guard, the Department of Labor, Recently, there has been an explosion tion requirements promulgated by him/ 17 State Governors, senators, congress- in the number of online pharmacies her; report to the Attorney General men, and others as an innovative orga- that provide prescription drugs—both any controlled substances or prescrip- nization that has shown results and controlled and noncontrolled sub- tion drugs dispensed over the Internet, truly benefitted the veteran commu- stances—to users without valid pre- and comply with licensing and disclo- nity and the construction industry. scriptions. Most illegal drug abuse in- sure requirements. AFSF will build upon the success of volving prescription drugs is associated The Online Pharmacy Consumer Pro- Helmets to Hardhats by facilitating with Internet purchases, where users tection Act of 2006 takes a substantial employment in multiple industries are given a prescription without ever step toward plugging a loophole in our with positions that are applicable to seeing a doctor. The most prominent drug laws by regulating the practice of skills veterans acquired in the mili- abuse occurs with regard to controlled distributing controlled substances and tary. substances such as hydrocodone, Val- prescription drugs via the Internet. By I can think of few causes more impor- ium, Xanax, OxyContin, and Vicodin. A holding unregistered online pharmacies tant that helping those who have 2002 study reported that nearly 15 mil- accountable for their activity, we are risked their lives defending our coun- lion adults admitted to abusing pre- ensuring that those who seek to pur- try find good jobs and realize the scription drugs, with 2.4 million new chase prescription drugs by using the American dream. Unfortunately, many abusers in 2001 alone. Currently, there Internet are protected from those en- veterans of the war in Iraq and other is no way to police this illegal activity. gaged in reprehensible business prac- theaters are finding it difficult to find The ease with which consumers may tices. a job when they return from service. purchase controlled substances and Mr. President, once again I thank other prescription drugs from online For instance, at 15.6 percent, the unem- Senator FEINSTEIN for her leadership in pharmacies without a prescription is ployment rate for 20- to 24-year-old addressing this serious issue. I com- shocking. Often consumers can obtain veterans is nearly twice that of non- mend this bill to my colleagues for a prescription from physicians em- veterans. This is an unacceptable fact study, and I urge them to support this ployed by the online pharmacy by sim- that this legislation will help amelio- important legislation. rate. Indeed, I am confident that the ply filling out a brief questionnaire on Mrs. FEINSTEIN. Mr. President, I success of Helmets to Hardhats in the the pharmacy’s Web site. Most online am pleased to join with Senator SES- construction industry will be rep- pharmacies have no way to verify that SIONS to introduce the Online Phar- licated many times over by AFSF. the consumer ordering the prescription Mr. President, this legislation is is actually who they claim to be or macy Consumer Protection Act. Our based on the premise that no one who that the medical condition the con- legislation protects the safety of con- has served our country in uniform sumer describes actually exists. Thus, sumers who wish to purchase prescrip- should be left behind when they return drug addicts and minor children can tion drugs over the Internet, while to civilian life. AFSF’s mission is a easily order controlled substances and holding accountable those who operate worthwhile and important cause that prescription drugs over the Internet unregistered pharmacies. deserves the Government’s support. I simply by providing false identities or Just a few weeks ago, Attorney Gen- know that it will help our veterans, describing nonexistent medical condi- eral Alberto Gonzales appeared before and I hope my colleagues will support tions. the Senate Judiciary Committee for a it. In 2001, Ryan Haight, a California DOJ Oversight hearing. In discussing high school honors student and athlete, the Department’s priorities, he singled By Mr. SESSIONS (for himself died from an overdose of the painkiller out how ‘‘the purchase of ... controlled and Mrs. FEINSTEIN). hydrocodone that he purchased from an pharmaceuticals on the Internet is of

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00124 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2006 CONGRESSIONAL RECORD — SENATE S8849 great concern.’’ He noted how the This legislation recognizes that in The administration of justice—in- Internet’s wide accessibility and ano- the case of an emergency, a patient deed, the health of American democ- nymity ‘‘give drug abusers the ability may not always be able to see his or racy—depends on our ability to attract to circumvent the law, as well as sound her typical physician. For that reason, dedicated public servants, including medical practice, a[s] they dispense po- it allows a doctor to designate a cov- police officers and judges. And so we tentially dangerous controlled pharma- ering practitioner to write a valid pre- must do all that we can to provide ade- ceuticals.’’ With ‘‘no identifying... in- scription if he or she is not available. quate security to these dedicated men formation on these Web sites, it is very Finally, this bill contains real pen- and women who are too often targeted difficult for law enforcement to track alties to hold accountable those who for violence or harassment simply be- any of the individuals behind them.’’ continue to operate pharmacies in vio- cause of the position they hold. I believe this bill will address many lation of these requirements. of these problems that the Attorney First, for Internet sales of prescrip- As a former State attorney general, I General has identified. tion drugs and controlled substances, had the responsibility of defending sen- To understand how many of these the bill makes clear that such activi- tences on appeal of certain defendants Internet pharmacy Web sites exist, just ties are subject to the current Federal who had been found guilty of violence. visit any Internet search engine. Type laws against illegal distributions and So I am acutely aware of the dev- in the name of any controlled sub- the same penalties applicable to hand- astating effects criminal acts of stance or prescription drug. Several to-hand sales. violeave have on the victims and their Web sites will appear, offering to sell Second, the bill increases the pen- families. And because I also used to be you these drugs without a prescription alties for illegal distributions of con- a judge I am fortunate to have a num- and without a medical examination. trolled substances categorized by the ber of close, personal friends who serve Some of these Web sites simply ask pa- DEA as schedule III, IV and V sub- in law enforcement and on the bench. I tients to send copies of medical stances, with new penalties if death or personally know judges and their fami- records, with no verification of their serious bodily injury results and longer lies who have been victims of violence, validity. periods of supervised release available and I have grieved with those families. Patients use these pharmacies to ob- after convictions. I am outraged that these cowardly and The bill also allows a State’s attor- tain addictive drugs, like Vicodin and despicable acts continue to occur. Oxycontin. They can receive prescrip- ney general to file a Federal motion to tion medications like Viagra without a stop these pharmacies from operating Police officers in this Nation are doctor performing a physical exam to illegally, no matter where the entity is sworn to protect and to serve their fel- ensure that an underlying health con- headquartered. Previously, this type of low citizens. They selflessly respond to dition will not cause a dangerous side enforcement would require a filing in dangerous situations and often must effect. every State. diffuse highly emotional cir- At the same time, receiving medica- I urge my colleagues to join me in cumstances. And judges, for their part, tions from a legitimate, licensed Inter- supporting this legislation. are impartial umpires of the law. We net pharmacy is one of the new conven- know that they cannot help but dis- iences ushered in by the Internet age. By Mr. CORNYN (for himself, Mr. appoint people in their line of work be- This bill preserves the ability of well- CHAMBLISS, Mr. ALLEN, Mr. cause, in litigation, there is normally a KYL, Mr. SESSIONS, Mr. GRA- run pharmacies and well-intentioned winning side and a losing one. But HAM, Mr. INHOFE, and Mr. patients to access prescription drugs judges, witnesses, courthouse personnel SANTORUM): and controlled substances by means of and law enforcement must not face the Internet. S. 3835. A bill to provide adequate penalties for crimes committed against threats and violence for doing nothing This legislation imposes basic, com- more than simply carrying out their monsense requirements on an industry United States judges and Federal law duties. that presents both promise and peril. enforcement officers, to provide appro- First, this bill establishes disclosure priate security for judges and law en- The protection of the men and standards for Internet pharmacies. forcement officers, and for other pur- women who compose our judicial sys- Second, this bill prohibits an Inter- poses; to the Committee on the Judici- tem and serve the public in law en- net pharmacy from dispensing or sell- ary. forcement are essential to the proper ing a prescription drug or controlled Mr. CORNYN. Mr. President, I rise administration of justice in our coun- substance without an in-person exam- today to speak in favor of the Court try. This bill takes steps toward pro- ination by a physician. and Law Enforcement Protection Act viding additional protections to these Third, it allows a State attorney gen- of 2006. This bill is designed to address dedicated public servants. eral to bring a civil action in Federal the critical issue of judicial and law district court to enjoin a pharmacy op- enforcement security. First, it increases the punishments, erating in violation of the law and to Police officers place their lives on including providing mandatory mini- enforce compliance with the provisions the line every time they put on their mums, against those who retaliate of this law. uniforms and report for duty. Likewise, against judges, police officers, or their The disclosure requirements con- the dedicated men and women who family members, on account of the per- tained in this bill will allow patients to work in America’s courthouses—from formance of their duties. A high-rank- differentiate between shady offshore the judges to the court reporters—pre- ing law enforcement official recently pharmacies, and legitimate licensed side each day over difficult, conten- told me that detention equals deter- ones. Under this legislation, phar- tious and at times very emotional legal rence. What he meant was that those macies must clearly disclose the name disputes. And these public servants, who know that they will face signifi- and address of the pharmacy, contact like our police, are placed in hams way cant incarceration think twice about information for the pharmacist-in- by the nature of their jobs. These indi- committing criminal acts. I agree with charge, and a list of States in which viduals fulfill essential roles that keep him, and we should carry out that idea the pharmacy is licensed to operate. our democracy running smoothly, and I in this legislation. They must also clearly post a state- have the greatest respect for them. Importantly, this bill curbs frivolous Unfortunately, violence directed at ment that they comply with the re- lawsuits against police officers and public servants is on the rise. From es- quirements in this legislation. streamlines the appellate process for The bill states pharmacies can dis- calating violence against police offi- those murderers who receive the death pense to patients only if they have a cers to courthouse attacks—including penalty for murdering a judge or a po- valid prescription from a practitioner in my home State of Texas—these des- lice officer. who has performed an in-person exam- picable actions threaten the adminis- ination. This requirement will ensure tration of justice. This Congress has It is good policy to place reasonable that doctors can verify the health sta- the power—and now must exercise it— limits on lawsuits involving police offi- tus of a patient and ensure that the to ensure that certain and swift pun- cers by limiting claims to actual dam- drug he or she will receive from the ishment awaits those who engage in ages—unless the defendant purpose- pharmacy is medically appropriate. these unconscionable acts of violence. fully inflicted serious bodily injury on

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00125 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8850 CONGRESSIONAL RECORD — SENATE August 3, 2006 the plaintiff, in which case the plaintiff and loyalty who served our country to preserving and perpetuating the his- may seek an additional $250,000 in dam- with distinction. He enlisted in the tory, culture, achievements and collec- ages. And returning the attorney’s fees U.S. Army at the age of 16 after the at- tive narratives of indigenous peoples, provisions in these cases to the tradi- tack on Pearl Harbor. During World including Native Hawaiians. As one tional attorney’s fees responsibility by War II he served in combat at the bat- generation passes, a wealth of tradi- requiring each party to bear this bur- tle of Guadalcanal. Following World tional knowledge may be lost forever. den is likewise good policy. War II, he continued to serve the State Establishing these archives to perpet- Placing time constraints on habeas of Hawaii and our nation by working as uate the traditional knowledge of in- corpus petitions, including the time to a police officer and firefighter. After digenous peoples such as Henry will en- file the petitions, the time to hold an nearly a decade of service with Senator sure that future generations of people evidentiary hearing on the petition, INOUYE in the Hawaii territorial legis- have access to that knowledge and, in and the time to rule on a petition when lature, he came to Washington, DC, as the murder of a police officer is in- some sense, are able to learn from the the senior senator’s Senior Executive original sources themselves. volved, is also good policy. This will Assistant and then Chief of Staff for eliminate extensive and unnecessary more than 20 years. Mr. Giugni was ap- The development of the Internet in delays for the families of victims that pointed Sergeant-at-Arms of the managing knowledge in electronic for- occur when those who have victimized United States Senate in 1987. mat has enabled the most pervasive their loved ones find ways to delay the Henry K. Giugni also sought to tear storing and sharing of information the imposition of justice. down barriers in society. In 1965 it was world has ever seen. An electronic, dig- Finally, this bill makes technical Mr. Giugni who represented Senator ital archives would facilitate the shar- fixes to the law enforcement concealed INOUYE’s office, thus the people of Ha- ing, preservation and perpetuation of carry legislation passed in the 108th waii, in the famous 1965 Selma to the unique Native Hawaiian culture, Congress. Some technical barriers pre- Montgomery civil rights march led by language, tradition and history. These vent retired officers from carrying a Dr. Martin Luther King, Jr. As Senator archives will be a source of enduring firearm to defend themselves and their INOUYE’s Chief of Staff, Mr. Giugni knowledge, accessible to all, and will loved ones. These technical corrections served as a vital link between the Sen- will facilitate the full implementation contribute to the cultural, social and of that provision as Congress originally ator’s office and minority groups. In economic advancement of Native Ha- intended. 1987 he was the first person of color and waiians and the State of Hawaii. It will Mr. President, the Court and Law En- the first Native Hawaiian to be ap- help to ensure that the children of forcement Protection Act of 2006 is an pointed Sergeant-at-Arms of the today and tomorrow will not be de- important piece of legislation. It tar- United States Senate. In this influen- prived of the rich culture, history and gets those people who would stand in tial position, he sought out capable mi- collective knowledge of Native Hawai- the way of the proper, fair, and effi- norities and women for promotion to ians. These archives will help to guar- cient administration of justice. The ensure that our workforce reflects antee that the experiences, wisdom and men and women of law enforcement America. He appointed the first minor- knowledge of kupuna, or grandfathers and the judiciary work hard to carry ity, an African American, to lead the and grandmothers such as Henry K. out the duties entrusted to them by Service Department, and was the first Giugni, will not be lost to future gen- their State and the Federal Constitu- to assign women to the Capitol Police erations. tion, and they deserve our support. plainclothes unit. Being particularly This bill is a significant step In pro- concerned about people with disabil- The first section of the Henry viding them that much needed support. ities, Henry K. Giugni enacted a major Kuualoha Giugni Memorial Archives I look forward to working with my col- expansion of the Special Services Of- bill authorizes a grant awarded to the leagues on this issue and encourage fice, which now conducts tours of the University of Hawaii’s Academy for their support of this bill. U.S. Capitol for the blind, deaf, and Creative Media for the establishment, wheelchair-bound, and publishes Sen- maintenance and update of the ar- Mr. AKAKA (for himself, Mr. INOUYE, ate maps and documents in Braille. chives which are to be located at the Mr. BYRD, Mr. STEVENS, Mr. JEF- In his capacity as Sergeant-at-Arms, University of Hawaii. These funds shall FORDS, Ms. MURKOWSKI, Mr. KERRY, Mr. Giugni was the chief law enforce- be used to enable a statewide archival Mr. COCHRAN, Mr. LIEBERMAN, Mr. ment officer of the U.S. Senate and an effort which will include the acquisi- DODD, Mr. ROCKEFELLER, Mr. KEN- able manager of a majority of the Sen- tion of a secure, web-accessible reposi- NEDY, Mr. LOTT, Mr. BIDEN, Mrs. ate’s support services. He oversaw a tory that will house significant Native CLINTON, Mr. REID, Mr. DORGAN, Mr. budget of nearly $120 million and ap- Hawaiian historical and cultural infor- REED, Mrs. FEINSTEIN, Mr. CONRAD, proximately 2,000 employees. As Ser- mation. This information may include Mrs. DOLE, Mr. DOMENICI, and Mr. geant-at-Arms, Mr. Giugni had the op- oral histories, collective narratives, ROBERTS): portunity to preside over the inaugura- photographs, video files, journals, cre- S. 3837. A bill to authorize the estab- tion of President George H.W. Bush as ative works and even documentation of lishment of the Henry Kuualoha Giugni well as escort numerous dignitaries, in- practices and customs such as hula and Kupuna Memorial Archives at the Uni- cluding Nelson Mandela, Margaret music. The funds will enable this im- versity of Hawaii; to the Committee on Thatcher, and Vaclav Havel when they portant effort by assisting in the pur- Health, Education, Labor, and Pen- visited the U.S. Capitol. chasing of equipment, hiring of per- sions. Establishing the Henry Kuualoha sonnel, creating space for the collec- Mr. AKAKA. Mr. President, I rise Giugni Memorial Archives would be a tion and transfer of media, housing the with my dear friend, the Senior Sen- poignant and appropriate way to honor archives, and creating this in-depth ator from Hawaii, DAN INOUYE, and sev- our loyal friend, colleague, and fellow database. eral of our colleagues from both sides American. Please allow me to explain. The second section of this bill au- of the aisle, to introduce a bill to pay In Henry’s passing there is a fitting thorizes the use of these grant funds tribute to one of this body’s most loyal analogy that can be made for the need servants. The Henry Kuualoha Giugni of establishing these archives. Henry for several different educational activi- Kupuna Memorial Archives bill honors lived a life full of rich experiences and ties, many of which are intended to Henry K. Giugni, our former Sergeant- along the way he accumulated a wealth magnify the effect and resourcefulness at-Arms of the U.S. Senate, through of wisdom. His memory and spirit live of these archives and benefit the stu- the establishment of a Native Hawaiian on but it is essential to perpetuate his dent populations who will likely access cultural and historical digital archives. wisdom and experiences so that what the archives the most. This includes These archives will enable the sharing he learned and accomplished will not the development of educational mate- and perpetuation of the unique culture, be lost to future generations. This is rials from the content of the archives collective memory, and history of the the primary impetus behind creating that can be used in educating indige- people Henry K. Giugni so dearly loved. these archives. For various reasons nous students such as Native Hawai- As many of my colleagues are aware, there is a dearth of physical archives, ians, Alaska Natives, and Native Amer- Henry K. Giugni was a man full of life museums, or libraries that are devoted ican Indians. These materials are

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00126 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2006 CONGRESSIONAL RECORD — SENATE S8851 meant to enhance the education of all dedicated himself to serving the Senate By Mr. HATCH (for himself and students, even students from non-na- and the citizens of the United States as Mrs. LINCOLN): tive backgrounds. This also includes the Senate’s 30th Sergeant-at-Arms. S. 3838. A bill to amend the Internal In the days following his passing on developing outreach initiatives to in- Revenue Code of 1986 to provide for S November 3, 2005, I was deeply touched troduce the archives to elementary and corporation reform, and for other pur- secondary schools as well as enabling by the hundreds of people who reached poses; to the Committee on Finance. schools to access the archives through out to me, and shared, through con- obtaining computer equipment. versations and letters, their memories Mr. HATCH. Mr. President, on behalf Grant funds can also be used to en- of Henry. The stories were poignant. of myself and my friend and colleague, able access to a college education to They were filled with love and affec- Senator LINCOLN, I rise today to intro- students who otherwise cannot inde- tion for a bear of a man who—while he duce the S Corporation Reform Act of pendently afford such an education could be gruff and outrageous at 2006. times—could never camouflage his through scholarship awards. Addition- The bill we are introducing today is a ally, funds can be used to address the gentle soul and his willingness to help continuation of a bipartisan effort that problem of cultural incongruence in others, especially those who were less began in the Senate over a decade ago teaching, an issue that impedes effec- fortunate or who were just beginning tive learning in our Nation’s class- their careers. The shared memories of when former Senators Pryor and Dan- rooms. Such a lack of congruence ex- Henry revealed that he enriched lives, forth, me and six other Senators, intro- ists in a wide range of situations, from served as an inspiration, and gave duced the S Corporation Reform Act of rural and underserved communities in hope. 1993. We recognized then, as we do remote areas to well-populated urban Similarly, this bill, which bears today, that S corporations are a vital centers, from my state of Hawaii to Henry’s name, will not only honor him, and growing part of our economy and areas on the Eastern seaboard. The dy- but more importantly will serve the that our tax law should reflect the im- namic I am describing exists along people of Hawaii, especially the de- portance of these entities and provide lines of race and ethnicity, socio- scendants of the islands’ first settlers. tax rules that allow S corporations to economic strata, age, and many other It will also help Hawaii’s unique native grow and compete with a minimum of vectors, which can muddy the effective traditions and culture to flourish. By complexity and a maximum of flexi- establishing a digital memorial archive transmission of knowledge. Many of us, bility. at the University of Hawaii’s Academy especially those from rural, indigenous, According to the latest figures avail- or ethnic minority backgrounds includ- for Creative Media, this bill will enrich able from the Small Business Adminis- ing Henry Giugni, have experienced the lives of the people of Hawaii and those who live beyond Hawaii’s shores. tration, there were approximately 3.1 this problem as we have worked our The digital archive will be a 21st-cen- million S corporations in the United way through the education system. tury way of inspiring and giving hope This bill also seeks to improve student States in 2002 with a total of $3.9 tril- by preserving the invaluable lessons achievement by addressing cultural in- lion in revenue. There were about a and insights from the collective mem- congruence between teachers and the half million S corporations in 1980, so ory and history of Native Hawaiians. the growth of these entities has been student population by providing profes- During the years that Henry was a sional development training to teach- striking. Surprisingly, the growth of S young boy attending school, the his- corporations has continued even after ers to enable them to teach in a cul- tory of Native Hawaiians and Hawaii the advent of the Limited Liability turally congruent way. was rarely—if ever—taught in Hawaii. Company, LLC, which offers many of Finally, as financial illiteracy is a It was only relatively recently that Ha- the same benefits, but more flexibility, growing problem especially among col- waiian history became an essential lege age youth who are exposed to a va- part of the curriculum of Hawaii’s as S corporations. In fact, S corpora- riety of financial products, funds can schools. Henry was proud that he was tions now outnumber both C corpora- be used to increase the economic and part-Hawaiian, and he was proud that tions and partnerships. These are pre- financial literacy of college students someone like him, from humble begin- dominantly small businesses in the re- through the propagation of proven best nings, could find success in Wash- tail and service sectors. In my home practices that have resulted in positive ington, in an environment vastly dif- State of Utah, over half the corpora- behavioral change in regards to im- ferent from his roots in Hawaii. While tions have elected subchapter S treat- proved debt and credit management he became an acquaintance of presi- ment. and economic decision making. Such dents and kings, his heart was always activities can help to ensure that stu- Subchapter S of the Internal Revenue with the native people of Hawaii, who Code was enacted in 1958 to help re- dents stay in school, graduate in a bet- are still struggling for their moment in ter financial position, and remain dis- move tax considerations from small the sun. business owners’ decisions to incor- ciplined in effectively managing their In addition to creating a digital ar- porate. This elective tax treatment has finances throughout their working and chive and preserving the traditions and retirement years. culture of Native Hawaiians, this legis- been helpful to millions of small busi- Henry K. Giugni served amongst us lation will support initiatives to de- nesses over the years, particularly to with distinction and honor. I am very velop Web-based media projects from those just starting out. Subchapter S grateful to have known him. I encour- the archive to create educational ma- provides entrepreneurs the advantage age all of my colleagues to perpetuate terials that can be used to enhance the of corporate protection from liability his memory by supporting the Henry education of indigenous students. It along with the single level of tax en- Kuualoha Giugni Memorial Archives also can serve to inspire higher edu- joyed by partnerships and limited li- bill. These archives are the most fit- cational achievement by indigenous ability companies. ting way we can honor and remember students by sharing with them the sto- However, Subchapter S in its current our friend and dear public servant, ries and histories of accomplished indi- state contains a variety of limitations, Henry Kuualoha Giugni. viduals with indigenous backgrounds, restrictions, and pitfalls for the un- I ask unanimous consent that the such as Henry. wary. Even though some very impor- text of the bill be printed in the So although Henry is no longer with tant improvements have been made RECORD. us, his mentoring and sharing spirit Mr. INOUYE. Mr. President, I rise in will live on through the digital archive over the years, including many first in- support of the Henry Kuualoha Giugni created by this bill. Through the ar- troduced in the 1993 S Corporation Re- Kupuna Memorial Archives Bill. chive, Henry will always be the embod- form Act I mentioned earlier, more Henry Giugni was my dear friend. He iment of the kupuna—the respected needs to be done to bring the tax treat- was an important part of my life for elder who has much wisdom and in- ment of these important businesses nearly half a century. He tirelessly and sight to share. into the 21st century. The two biggest proudly served the people of Hawaii as My colleagues, please join me in sup- constraints that small businesses face my chief of staff. After leaving my of- porting the Henry Kuualoha Giugni are difficulties in getting access to cap- fice, he eagerly and enthusiastically Kupuna Memorial Archives Bill. ital and the tax burden. The bill we are

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Safe harbor expanded to include all new jobs. They are especially im- sen to be S corporations, representing convertible debt. portant in industries where techno- 25 percent of all banks. However, some Sec. 203. Repeal of excessive passive invest- logical innovation is important. Ac- of the operating rules under subchapter ment income as a termination cording to the Congressional Research S remain unduly inflexible, complex, event. Service, small firms account for nearly and harsh on banks. Sec. 204. Modifications to passive income forty percent of all scientists, engi- The bill we introduce today attempts rules. neers, and computer specialists work- to address many of these challenges by Sec. 205. Adjustment to basis of s corpora- ing in the private sector. clarifying and relaxing some of the tion stock for certain chari- During the most recent downturn of operational rules that apply to S cor- table contributions. 2001–2002, when the state of Utah lost porations. These changes are designed TITLE III—TREATMENT OF S jobs, small businesses actually created to make it significantly easier for com- CORPORATION SHAREHOLDERS jobs and helped soften the blow for munity banks to take advantage of the Sec. 301. Treatment of losses to share- many Utahns. Today, as our economy benefits of subchapter S. In my opin- holders. is booming, small businesses continue ion, businesses should be allowed to Sec. 302. Deductibility of interest expense to generate the bulk of new jobs. focus on meeting their customers’ incurred by an electing small In rural America, the role of small needs and maximizing their share- business trust to acquire S cor- enterprises is even more important. holders’ profits, and not preoccupied poration stock. Small businesses account for 90 percent with conforming to Byzantine govern- Sec. 303. Back to back loans as indebtedness. of all rural establishments. In 1998, ment rules. TITLE IV—EXPANSION OF S small companies employed 60 percent While the corporate structure of an S CORPORATION ELIGIBILITY FOR BANKS of rural workers and provided half of corporation would not generally make Sec. 401. Treatment of qualifying director rural payrolls. sense for larger companies, the tax shares. Perhaps the biggest challenge facing structure applied to S corporations is Sec. 402. Recapture of bad debt reserves. many American businesses, but espe- quite sensible and can serve as a model TITLE V—QUALIFIED SUBCHAPTER S cially smaller ones, is attracting ade- for other companies. Economists hail SUBSIDIARIES quate capital. Unfortunately, sub- the single level of taxation of profits in Sec. 501. Treatment of the sale of interest in chapter S is currently a hindrance, the S corporation law as a much more a qualified subchapter S sub- rather than a help, for many corpora- efficient approach, and something that sidiary. tions facing this challenge. For exam- would be desirable for all enterprises. ple, current law allows for only one The S Corporation Reform Act of 2006 TITLE VI—ADDITIONAL PROVISIONS class of stock for S corporations. Fur- enjoys the support of a broad range of Sec. 601. Elimination of all earnings and ther, S corporations are not currently associations and trade groups, many of profits attributable to pre-1983 allowed to issue convertible debt, nor which have worked with us in crafting years. are they allowed to have a nonresident the bill. Sec. 602. Repeal of LIFO recapture tax. alien as a shareholder. I urge my colleagues to take a close Sec. 603. Expansion of post-termination Several of the provisions of the S look at this bill, and to support it. transition period. Corporation Reform Act of 2006 are de- Thousands of small and growing busi- Sec. 604. Reduction in tax rate on excess net signed to alleviate these restrictions nesses in every state will benefit from passive income. on S corporations and help them at- the improvements included in the bill. Sec. 605. Increase in cap on qualified small issue bonds. tract capital. With these changes, S Its enactment will lead to an increased corporations will be more competitive ability of these enterprises to attract Sec. 606. Special rules of application. with other small enterprises doing capital and create new jobs. TITLE I—ELIGIBLE SHAREHOLDERS OF business as partnerships or limited li- I ask unanimous consent that the AN S CORPORATION ability companies that do not face such text of the bill and section-by-section SEC. 101. NONRESIDENT ALIENS ALLOWED TO BE barriers. explanation of the bill be printed in the SHAREHOLDERS. Even though electing subchapter S RECORD. (a) NONRESIDENT ALIENS ALLOWED TO BE currently offers significant tax relief S. 3838 SHAREHOLDERS.— to a small corporation by eliminating There being no objection, the text (1) IN GENERAL.—Paragraph (1) of section the corporate level of taxation, S cor- 1361(b) (defining small business corporation) was ordered to be printed in the is amended— porations still face some significant RECORD, as follows: (A) by adding ‘‘and’’ at the end of subpara- tax burdens and a myriad of potential Be it enacted by the Senate and House of Rep- graph (B), pitfalls and tax traps for the unwary. resentatives of the United States of America in (B) by striking subparagraph (C), and Some of these impediments exist in the Congress assembled, (C) by redesignating subparagraph (D) as requirements of elective S corporation SECTION 1. SHORT TITLE; REFERENCE; TABLE OF subparagraph (C). CONTENTS. status, and others are in the rules gov- (2) CONFORMING AMENDMENTS.— (a) SHORT TITLE.—This Act may be cited as (A) Paragraph (4) and (5)(A) of section erning the day-to-day operations of the the ‘‘S Corporation Reform Act of 2006’’. entities. In either case, these provi- 1361(c) (relating to special rules for applying (b) AMENDMENT OF 1986 CODE.—Except as subsection (b)) are each amended by striking sions can stifle growth and impede job otherwise expressly provided, whenever in ‘‘subsection (b)(1)(D)’’ and inserting ‘‘sub- creation. this Act an amendment or repeal is ex- section (b)(1)(C)’’. Most of the provisions in our bill aim pressed in terms of an amendment to, or re- (B) Clause (i) of section 280G(b)(5)(A) (re- to eliminate these barriers and make it peal of, a section or other provision, the ref- lating to general rule for exemption for easier for companies to elect sub- erence shall be considered to be made to a small business corporations, etc.) is amended section or other provision of the Internal chapter S and to operate in this status by striking ‘‘but without regard to para- Revenue Code of 1986. graph (1)(C) thereof’’. once the election is made. (c) TABLE OF CONTENTS.—The table of con- The Small Business Job Protection tents for this Act is as follows: (b) NONRESIDENT ALIEN SHAREHOLDER TREATED AS ENGAGED IN TRADE OR BUSINESS Act of 1996 made many important Sec. 1. Short title; reference; table of con- WITHIN UNITED STATES.— changes to subchapter S. One of the tents. (1) IN GENERAL.—Section 875 is amended— most significant was to allow, for the TITLE I—ELIGIBLE SHAREHOLDERS OF (A) by striking ‘‘and’’ at the end of para- first time, small banks to elect to be S AN S CORPORATION graph (1), corporations. This opened the door for Sec. 101. Nonresident aliens allowed to be (B) by striking the period at the end of many small community banks to be- shareholders. paragraph (2) and inserting ‘‘, and’’, and

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(C) by adding at the end the following new (c) APPLICATION OF OTHER WITHHOLDING (c) EFFECTIVE DATE.—The amendments paragraph: TAX RULES ON NONRESIDENT ALIEN SHARE- made by this section shall take effect on the ‘‘(3) a nonresident alien individual shall be HOLDERS.— date of the enactment of this Act. considered as being engaged in a trade or (1) SECTION 1441.—Section 1441 (relating to business within the United States if the S withholding of tax on nonresident aliens) is TITLE II—QUALIFICATION AND ELIGI- corporation of which such individual is a amended by redesignating subsection (g) as BILITY REQUIREMENTS OF S CORPORA- shareholder is so engaged.’’. subsection (h) and by inserting after sub- TIONS (2) PRO RATA SHARE OF S CORPORATION IN- section (f) the following new subsection: SEC. 201. ISSUANCE OF PREFERRED STOCK PER- COME.—The last sentence of section 1441(b) ‘‘(g) S CORPORATION TREATED AS PARTNER- MITTED. (relating to income items) is amended to SHIP, ETC.—For purposes of this section— read as follows: ‘‘In the case of a nonresident ‘‘(1) an S corporation shall be treated as a (a) IN GENERAL.—Section 1361 (defining S alien individual who is a member of a domes- partnership, corporation) is amended by adding at the end tic partnership or a shareholder of an S cor- ‘‘(2) the shareholders of such corporation the following new subsection: poration, the items of income referred to in shall be treated as partners of such partner- ‘‘(f) TREATMENT OF QUALIFIED PREFERRED subsection (a) shall be treated as referring to ship, and STOCK.— items specified in this subsection included in ‘‘(3) no deduction or withholding under ‘‘(1) IN GENERAL.—For purposes of this sub- his distributive share of the income of such subsection (a) shall be required in the case of chapter— partnership or in his pro rata share of the in- any item of income realized by such corpora- ‘‘(A) qualified preferred stock shall not be come of such S corporation.’’. tion and allocable to a shareholder which is treated as a second class of stock, and (3) APPLICATION OF WITHHOLDING TAX ON an electing small business trust (as defined ‘‘(B) no person shall be treated as a share- in section 1361(e)).’’. NONRESIDENT ALIEN SHAREHOLDERS.—Section holder of the corporation by reason of hold- 1446 (relating to withholding tax on foreign (2) SECTION 1445.—Section 1445(e) (relating ing qualified preferred stock. to special rules relating to distributions, partners’ share of effectively connected in- ‘‘(2) QUALIFIED PREFERRED STOCK DE- etc., by corporations, partnerships, trusts, or come) is amended by redesignating sub- FINED.—For purposes of this subsection, the section (f) as subsection (g) and by inserting estates) is amended by redesignating para- term ‘qualified preferred stock’ means stock graph (6) as paragraph (7) and by inserting after subsection (e) the following new sub- which meets the requirements of subpara- after paragraph (5) the following new para- section: graphs (A), (B), and (C) of section 1504(a)(4). graph: ‘‘(f) S CORPORATION TREATED AS PARTNER- Stock shall not fail to be treated as qualified ‘‘(6) S CORPORATION TREATED AS PARTNER- SHIP, ETC.—For purposes of this section— preferred stock merely because it is convert- SHIP, ETC.—For purposes of this section— ‘‘(1) an S corporation shall be treated as a ible into other stock. ‘‘(A) an S corporation shall be treated as a partnership, ‘‘(3) DISTRIBUTIONS.—A distribution (not in partnership, and ‘‘(2) the shareholders of such corporation part or full payment in exchange for stock) ‘‘(B) the shareholders of such corporation shall be treated as partners of such partner- made by the corporation with respect to shall be treated as partners of such partner- ship, qualified preferred stock shall be includible ship, and ‘‘(3) any reference to section 704 shall be as ordinary income of the holder and deduct- ‘‘(C) no deduction or withholding under treated as a reference to section 1366, and ible to the corporation as an expense in com- subsection (a) shall be required in the case of ‘‘(4) no withholding tax under subsection puting taxable income under section 1363(b) any gain realized by such corporation and al- (a) shall be required in the case of any in- in the year such distribution is received.’’. locable to a shareholder which is an electing come realized by such corporation and allo- small business trust (as defined in section (b) CONFORMING AMENDMENTS.— cable to a shareholder which is an electing 1361(e)).’’. (1) Paragraph (1) of section 1361(b) is small business trust (as defined in section (d) ADDITIONAL CONFORMING AMEND- amended by inserting ‘‘, except as provided 1361(e)).’’. MENTS.— in subsection (f),’’ before ‘‘which does not’’. ONFORMING AMENDMENTS.— (4) C (1) Section 1361(c)(2)(A)(i) is amended by (2) Subsection (a) of section 1366 is amend- (A) The heading of section 875 is amended striking ‘‘who is a citizen or resident of the ed by adding at the end the following new to read as follows: United States’’. paragraph: ‘‘SEC. 875. PARTNERSHIPS; BENEFICIARIES OF (2) Section 1361(d)(3)(B) is amended by ‘‘(3) ALLOCATION WITH RESPECT TO QUALI- ESTATES AND TRUSTS; S CORPORA- striking ‘‘who is a citizen or resident of the TIONS.’’. FIED PREFERRED STOCK.—The holders of United States’’. qualified preferred stock (as defined in sec- (B) The heading of section 1446 is amended (3) Section 1361(e)(2) is amended by insert- tion 1361(f)) shall not, with respect to such to read as follows: ing ‘‘(including a nonresident alien)’’ after stock, be allocated any of the items de- ‘‘SEC. 1446. WITHHOLDING TAX ON FOREIGN ‘‘person’’ the first place it appears. scribed in paragraph (1).’’. PARTNERS’ AND S CORPORATION (e) EFFECTIVE DATE.—The amendments (3) So much of clause (ii) of section SHAREHOLDERS’ SHARE OF EFFEC- made by this section shall apply to taxable TIVELY CONNECTED INCOME.’’. 354(a)(2)(C) as precedes subclause (II) is years beginning after December 31, 2006. (5) CLERICAL AMENDMENTS.— amended to read as follows: SEC. 102. EXPANSION OF S CORPORATION ELIGI- ‘‘(ii) RECAPITALIZATION OF FAMILY-OWNED (A) The item relating to section 875 in the BLE SHAREHOLDERS TO INCLUDE CORPORATIONS AND S CORPORATIONS.— table of sections for subpart A of part II of IRAS. ‘‘(I) IN GENERAL.—Clause (i) shall not apply subchapter N of chapter 1 is amended to read (a) IN GENERAL.—Clause (vi) of section as follows: 1361(c)(2)(A) (relating to certain trusts per- in the case of a recapitalization under sec- ‘‘Sec. 875. Partnerships; beneficiaries of es- mitted as shareholders) is amended to read tion 368(a)(I)(E) of a family-owned corpora- tates and trusts; S corpora- as follows: tion or S corporation.’’. tions.’’. ‘‘(vi) A trust which constitutes an indi- (4) Subsection (a) of section 1373 is amend- (B) The item relating to section 1446 in the vidual retirement account under section ed by striking ‘‘and’’ at the end of paragraph table of sections for subchapter A of chapter 408(a), including one designated as a Roth (1), by striking the period at the end of para- 3 is amended to read as follows: IRA under section 408A.’’. graph (2) and inserting ‘‘, and’’, and by add- ing at the end the following new paragraph: ‘‘Sec. 1446 Withholding tax on foreign part- (b) SALE OF STOCK IN IRA RELATING TO S ‘‘(3) no amount of an expense deductible ners’ and S corporation share- CORPORATION ELECTION EXEMPT FROM PRO- under this subchapter by reason of section holders’ share of effectively HIBITED TRANSACTION RULES.—Paragraph (16) 1361(f)(3) shall be apportioned or allocated to connected income.’’. of section 4975(d) (relating to exemptions) is such income.’’. (C) PERMANENT ESTABLISHMENT OF PART- amended to read as follows: NERS AND S CORPORATION SHAREHOLDERS.— ‘‘(16) a sale of stock held by a trust which (c) EFFECTIVE DATE.—The amendments Section 894 (relating to income affected by constitutes an individual retirement account made by this section shall apply to taxable treaty) is amended by redesignating sub- under section 408(a) to the individual for years beginning after December 31, 2006. section (c) as subsection (d) and by inserting whose benefit such account is established if ‘‘(A) such sale is pursuant to an election SEC. 202. SAFE HARBOR EXPANDED TO INCLUDE after subsection (b) the following new sub- CONVERTIBLE DEBT. section: under section 1362(a) by the issuer of such ‘‘(c) PERMANENT ESTABLISHMENT OF PART- stock, (a) IN GENERAL.—Subparagraph (B) of sec- NERS AND S CORPORATION SHAREHOLDERS.—If ‘‘(B) such sale is for fair market value at tion 1361(c)(5) (defining straight debt) is a partnership or S corporation has a perma- the time of sale (as established by an inde- amended by striking clauses (ii) and (iii) and nent establishment in the United States pendent appraiser) and the terms of the sale inserting the following new clauses: (within the meaning of a treaty to which the are otherwise at least as favorable to such ‘‘(ii) in any case in which the terms of such United States is a party) at any time during trust as the terms that would apply on a sale promise include a provision under which the a taxable year of such entity, a nonresident to an unrelated party, obligation to pay may be converted (directly alien individual or foreign corporation which ‘‘(C) such trust does not pay any commis- or indirectly) into stock of the corporation, is a partner in such partnership, or a non- sions, costs, or other expenses in connection such terms, taken as a whole, are substan- resident alien individual who is a share- with the sale, and tially the same as the terms which could holder in such S corporation, shall be treated ‘‘(D) the stock is sold in a single trans- have been obtained on the effective date of as having a permanent establishment in the action for cash not later than 120 days after the promise from a person which is not a re- United States for purposes of such treaty.’’. the S corporation election is made.’’. lated person (within the meaning of section

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00129 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8854 CONGRESSIONAL RECORD — SENATE August 3, 2006 465(b)(3)(C)) to the S corporation or its share- 1504(a)(2), the term ‘passive investment in- taxable year for which a corporation is an S holders, and come’ shall not include dividends from such corporation as a taxable year for purposes of ‘‘(iii) the creditor is— C corporation to the extent such dividends determining the number of taxable years to ‘‘(I) an individual, are attributable to the earnings and profits which an item may be carried back or car- ‘‘(II) an estate, of such C corporation derived from the active ried forward nor prevent the allowance of a ‘‘(III) a trust described in paragraph (2), conduct of a trade or business. passive activity loss deduction to the extent ‘‘(IV) an exempt organization described in ‘‘(E) COORDINATION WITH SECTION 1374.—The provided by section 469(g).’’. paragraph (6), or amount of passive investment income shall (c) EFFECTIVE DATE.—The amendments ‘‘(V) a person which is actively and regu- be determined by not taking into account made by this section shall apply to taxable larly engaged in the business of lending any recognized built-in gain or loss of the S years beginning after December 31, 2006. money.’’. corporation for any taxable year in the rec- SEC. 302. DEDUCTIBILITY OF INTEREST EXPENSE (b) EFFECTIVE DATE.—The amendment ognition period. Terms used in the preceding INCURRED BY AN ELECTING SMALL made by this section shall apply to taxable sentence shall have the same respective BUSINESS TRUST TO ACQUIRE S years beginning after December 31, 2006. meaning as when used in section 1374.’’. CORPORATION STOCK. SEC. 203. REPEAL OF EXCESSIVE PASSIVE IN- (2) CONFORMING AMENDMENTS.—Section (a) IN GENERAL.—Subparagraph (C) of sec- VESTMENT INCOME AS A TERMI- 1375(d) is amended by striking ‘‘subchapter tion 641(c)(2) (relating to modifications) is NATION EVENT. C’’ both places it appears and inserting ‘‘ac- (a) IN GENERAL.—Section 1362(d) (relating amended by inserting after clause (iii) the cumulated’’. following new clause: to termination) is amended by striking para- (c) EFFECTIVE DATE.—The amendments graph (3). ‘‘(iv) Any interest expense incurred to ac- made by this section shall apply to taxable quire stock in an S corporation.’’. (b) CONFORMING AMENDMENTS.— years beginning after December 31, 2006. (1) Section 1362(f)(1) is amended by striking (b) EFFECTIVE DATE.—The amendment SEC. 205. ADJUSTMENT TO BASIS OF S CORPORA- made by this section shall apply to taxable ‘‘or (3)’’. TION STOCK FOR CERTAIN CHARI- (2) Clause (i) of section 1042(c)(4)(A) is TABLE CONTRIBUTIONS. years beginning after December 31, 2006. amended by striking ‘‘section 1362(d)(3)(C)’’ (a) IN GENERAL.—Paragraph (1) of section SEC. 303. BACK TO BACK LOANS AS INDEBTED- and inserting ‘‘section 1375(b)(3)’’. 1367(a) (relating to adjustments to basis of NESS. (c) EFFECTIVE DATE.—The amendments stock of shareholders, etc.) is amended by (a) IN GENERAL.—Section 1366(d) (relating made by this section shall apply to taxable striking ‘‘and’’ at the end of subparagraph to special rules for losses and deductions) is years beginning after December 31, 2006. (B), by striking the period at the end of sub- amended by adding at the end the following SEC. 204. MODIFICATIONS TO PASSIVE INCOME paragraph (C) and inserting ‘‘, and’’, and by new paragraph: RULES. adding at the end the following new subpara- ‘‘(4) LOANS INCLUDED IN INDEBTEDNESS OF (a) INCREASED LIMIT.— graph: AN S CORPORATION.—For purposes of sub- (1) IN GENERAL.—Subsection (a)(2) of sec- ‘‘(D) the excess of the amount of the share- section (d), the indebtedness of an S corpora- tion 1375 (relating to tax imposed when pas- holder’s proportionate share of any chari- tion to the shareholder shall include any sive investment income of corporation hav- table contribution made by the S corpora- loans made or acquired (by purchase, gift, or ing accumulated earnings and profits ex- tion over the shareholder’s proportionate distribution from another person) by a share- ceeds 25 percent of gross receipts) is amended share of the adjusted basis of the property holder to the S corporation, regardless of by striking ‘‘25 percent’’ and inserting ‘‘60 contributed.’’. whether the funds loaned by the shareholder percent’’. (b) EFFECTIVE DATE.—The amendments to the S corporation were obtained by the (2) CONFORMING AMENDMENTS.— made by this section shall apply to taxable shareholder by means of a recourse loan (A) Subparagraph (J) of section 26(b)(2) is years beginning after December 31, 2006. from another person (whether related or un- amended by striking ‘‘25 percent’’ and insert- related to the shareholder).’’. ing ‘‘60 percent’’. TITLE III—TREATMENT OF S (B) Clause (i) of section 1375(b)(1)(A) is CORPORATION SHAREHOLDERS (b) EFFECTIVE DATE.—The amendment amended by striking ‘‘25 percent’’ and insert- SEC. 301. TREATMENT OF LOSSES TO SHARE- made by this section shall apply to taxable ing ‘‘60 percent’’. HOLDERS. years beginning after December 31, 2006. (C) The heading for section 1375 is amended (a) LIQUIDATIONS.—Section 331 (relating to TITLE IV—EXPANSION OF S by striking ‘‘25 PERCENT’’ and inserting ‘‘60 gain or loss to shareholders in corporate liq- CORPORATION ELIGIBILITY FOR BANKS PERCENT’’. uidations) is amended by redesignating sub- section (c) as subsection (d) and by inserting SEC. 401. TREATMENT OF QUALIFYING DIRECTOR (D) The table of sections for part III of sub- SHARES. chapter S of chapter 1 is amended by strik- after subsection (b) the following new sub- ing ‘‘25 percent’’ in the item relating to sec- section: (a) IN GENERAL.—Section 1361 (defining S tion 1375 and inserting ‘‘60 percent’’. ‘‘(c) LOSS ON LIQUIDATIONS OF S CORPORA- corporation), as amended by section 201(a), is (b) REPEAL OF PASSIVE INCOME CAPITAL TION.— amended by adding at the end the following GAIN CATEGORY.— ‘‘(1) IN GENERAL.—The portion of any net new subsection: (1) IN GENERAL.—Subsection (b) of section loss recognized by a shareholder of an S cor- ‘‘(g) TREATMENT OF QUALIFYING DIRECTOR 1375 (relating to tax imposed when passive poration (as defined in section 1361(a)(1))— SHARES.— investment income of corporation having ac- ‘‘(A) on amounts received by such share- ‘‘(1) IN GENERAL.—For purposes of this sub- cumulated earnings and profits exceeds 60 holder in a distribution in complete liquida- chapter— percent of gross receipts), as amended by tion of such S corporation, or ‘‘(A) qualifying director shares shall not be subsection (a), is amended by striking para- ‘‘(B) on an installment obligation received treated as a second class of stock, and graphs (3) and (4) and inserting the following by such shareholder with respect to a sale or ‘‘(B) no person shall be treated as a share- new paragraph: exchange by the corporation during the 12- holder of the corporation by reason of hold- ‘‘(3) PASSIVE INVESTMENT INCOME DE- month period beginning on the date a plan of ing qualifying director shares. FINED.— complete liquidation is adopted if the liq- ‘‘(2) QUALIFYING DIRECTOR SHARES DE- ‘‘(A) IN GENERAL.—Except as otherwise pro- uidation is completed during such 12-month FINED.—For purposes of this subsection, the vided in this paragraph, the term ‘passive in- period, which does not exceed the ordinary term ‘qualifying director shares’ means any vestment income’ means gross receipts de- income basis of stock of such S corporation shares of stock in a bank (as defined in sec- rived from royalties, rents, dividends, inter- in the hands of such shareholder shall not be tion 581) or in a bank holding company reg- est, and annuities. treated as a loss from the sale or exchange of istered as such with the Federal Reserve ‘‘(B) EXCEPTION FOR INTEREST ON NOTES a capital asset but shall be treated as an or- System— FROM SALES OF INVENTORY.—The term ‘pas- dinary loss. ‘‘(A) which are held by an individual solely sive investment income’ shall not include in- ‘‘(2) ORDINARY INCOME BASIS.—For purposes by reason of status as a director of such bank terest on any obligation acquired in the ordi- of this subsection, the ordinary income basis or company or its controlled subsidiary; and nary course of the corporation’s trade or of stock of an S corporation in the hands of ‘‘(B) which are subject to an agreement business from its sale of property described a shareholder of such S corporation shall be pursuant to which the holder is required to in section 1221(a)(1). an amount equal to the portion of such dispose of the shares of stock upon termi- ‘‘(C) TREATMENT OF CERTAIN LENDING OR FI- shareholder’s basis in such stock which is nation of the holder’s status as a director at NANCE COMPANIES.—If the S corporation equal to the aggregate increases in such the same price as the individual acquired meets the requirements of section 542(c)(6) basis under section 1367(a)(1) resulting from such shares of stock. for the taxable year, the term ‘passive in- such shareholder’s pro rata share of ordinary ‘‘(3) DISTRIBUTIONS.—A distribution (not in vestment income’ shall not include gross re- income of such S corporation attributable to part or full payment in exchange for stock) ceipts for the taxable year which are derived the complete liquidation.’’. made by the corporation with respect to directly from the active and regular conduct (b) SUSPENDED PASSIVE ACTIVITY LOSSES.— qualifying director shares shall be includible of a lending or finance business (as defined in Paragraph (3) of section 1371(b) is amended to as ordinary income of the holder and deduct- section 542(d)(1)). read as follows: ible to the corporation as an expense in com- ‘‘(D) TREATMENT OF CERTAIN DIVIDENDS.—If ‘‘(3) TREATMENT OF S YEAR AS ELAPSED puting taxable income under section 1363(b) an S corporation holds stock in a C corpora- YEAR; PASSIVE LOSSES.—Nothing in para- in the year such distribution is received.’’. tion meeting the requirements of section graphs (1) and (2) shall prevent treating a (b) CONFORMING AMENDMENTS.—

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(1) Section 1361(b)(1), as amended by sec- (b) EFFECTIVE DATE.—The amendment (relating to election after termination), any tion 201(b), is amended by striking ‘‘sub- made by this section shall apply to elections termination or revocation under section section (f)’’ and inserting ‘‘subsections (f) made after the date of the enactment of this 1362(d) of such Code (as in effect on the day and (g)’’. Act. before enactment of this Act) shall not be (2) Section 1366(a), as amended by section SEC. 603. EXPANSION OF POST-TERMINATION taken into account. 201(b), is amended by adding at the end the TRANSITION PERIOD. following new paragraph: (a) IN GENERAL.—Clause (ii) of section ‘‘(4) ALLOCATION WITH RESPECT TO QUALI- 1377(b)(1)(A) (defining post-termination tran- There being no objection, the addi- FYING DIRECTOR SHARES.—The holders of sition period) is amended to read as follows: tional material was ordered to be qualifying director shares (as defined in sec- ‘‘(ii) the date on which any refund or credit printed in the RECORD, as follows: tion 1361(g)) shall not, with respect to such of any overpayment of tax with respect to S CORPORATION REFORM ACT OF 2006— shares of stock, be allocated any of the items the return for such last year as an S corpora- SECTION-BY-SECTION DESCRIPTION described in paragraph (1).’’. tion is prevented by the operation of any law (3) Section 1373(a), as amended by section or rule of law (including res judicata),’’. The Subchapter S Modernization Act of 201(b), is amended by striking ‘‘and’’ at the (b) EFFECTIVE DATE.—The amendment 2006 includes the following provisions to help end of paragraph (2), by striking the period made by this section shall apply to periods improve capital formation opportunities for at the end of paragraph (3) and inserting ‘‘, beginning after the date of the enactment of small business, preserve family-owned busi- and’’, and adding at the end the following this Act. nesses, and eliminate unnecessary and un- new paragraph: SEC. 604. REDUCTION IN TAX RATE ON EXCESS warranted traps for taxpayers: ‘‘(4) no amount of an expense deductible NET PASSIVE INCOME. under this subchapter by reason of section (a) IN GENERAL.—Section 1375(a) (relating TITLE I—Eligible Shareholders of an S 1361(g)(3) shall be apportioned or allocated to to tax imposed when passive investment in- Corporation such income.’’. come of corporation having accumulated SECTION 101. NONRESIDENT ALIENS ALLOWED TO (c) EFFECTIVE DATE.—The amendments earnings and profits exceeds 25 percent of BE SHAREHOLDERS made by this section shall apply to taxable gross receipts) is amended by striking ‘‘com- years beginning after December 31, 1996. puted by multiplying the excess net passive The Act would permit nonresident aliens SEC. 402. RECAPTURE OF BAD DEBT RESERVES. income by the highest rate of tax specified in to be S corporation shareholders. To assure Notwithstanding section 481 of the Internal section 11(b)’’ and inserting ‘‘15 percent of collection of the appropriate amount of tax, Revenue Code of 1986, with respect to any S the excess net passive income’’. the Act requires the S corporation to with- corporation election made by any bank in (b) EFFECTIVE DATE.—The amendment hold and pay a tax on effectively-connected taxable years beginning after December 31, made by this section shall apply to taxable income allocable to its nonresident alien 1996, such bank may recognize built-in gains years beginning after December 31, 2006. shareholders. The provision enhances an S from changing its accounting method for SEC. 605. INCREASE IN CAP ON QUALIFIED corporation’s ability to expand into inter- recognizing bad debts from the reserve meth- SMALL ISSUE BONDS. national markets and expands an S corpora- od under section 585 or 593 of such Code to (a) IN GENERAL.—Section 144(a)(4)(A)(i) (re- tion’s access to capital. the charge-off method under section 166 of lating to general rule for $10,000,000 limit in such Code either in the taxable year ending SECTION 102. EXPANSION OF S CORPORATION certain cases) is amended by striking with or beginning with such an election. ELIGIBLE SHAREHOLDERS TO INCLUDE IRAS ‘‘$10,000,000’’ and inserting TITLE V—QUALIFIED SUBCHAPTER S ‘‘$10,000,000($30,000,000 in the case of any bank The Act permits Individual Retirement Ac- SUBSIDIARIES (as defined in section 581) or any depository counts (IRAs) to hold stock in an S corpora- SEC. 501. TREATMENT OF THE SALE OF INTEREST institution holding company (as defined in tion. Currently this is permitted only for S IN A QUALIFIED SUBCHAPTER S section 3(w)(1) of the Federal Deposit Insur- corporations that are banks. SUBSIDIARY. ance Act (12 U.S.C. 1813(w)(1)) which is an S (a) IN GENERAL.—Section 1361(b)(3) (relat- corporation)’’. TITLE II—QUALIFICATION AND ELIGI- ing to treatment of certain wholly owned (b) ADJUSTMENT OF CAP FOR INFLATION.— BILITY REQUIREMENTS OF S COR- subsidiaries) is amended by adding at the end Section 144(a) (relating to qualified small PORATIONS the following new subparagraph: issue bond) is amended— ‘‘(F) SPECIAL RULE ON TERMINATION.—The SECTION 201. ISSUANCE OF PREFERRED STOCK (1) by redesignating paragraph (12) as para- PERMITTED tax treatment of the disposition of the stock graph (13); and of the qualified subchapter S subsidiary shall (2) by inserting after paragraph (11) the fol- The Act would permit S corporations to be determined as if such disposition were— lowing new paragraph: issue qualified preferred stock (‘‘QPS’’). QPS ‘‘(i) a sale of the undivided interest in the ‘‘(12) INFLATION ADJUSTMENT.— generally would be stock that (I) is not enti- subsidiary’s assets based on the percentage ‘‘(A) IN GENERAL.—In the case of any cal- tled to vote, (ii) is limited and preferred as of the stock transferred, and endar year after 2006, the $30,000,000 amount to dividends and does not participate in cor- ‘‘(ii) followed by a deemed contribution by contained in paragraph (4)(A)(i) shall be in- porate growth to any significant extent, and the S corporation and the transferee in a sec- creased by an amount equal to— (iii) has redemption and liquidation rights tion 351 transaction.’’. ‘‘(i) such dollar amount, multiplied by which do not exceed the issue price of such (b) EFFECTIVE DATE.—The amendment ‘‘(ii) the cost-of-living adjustment deter- stock (except for a reasonable redemption or made by this section shall apply to taxable mined under section 1(f)(3) for such calendar liquidation premium). Stock would not fail years beginning after December 31, 1996. year by substituting ‘calendar year 2005’ for to be treated as QPS merely because it is TITLE VI—ADDITIONAL PROVISIONS ‘calendar year 1992’ in subparagraph (B) convertible into other stock. This provision SEC. 601. ELIMINATION OF ALL EARNINGS AND thereof. increases access to capital from investors PROFITS ATTRIBUTABLE TO PRE- ‘‘(B) ROUNDING.—Any increase under sub- who insist on having a preferential return 1983 YEARS. paragraph (A) which is not a multiple of and facilitates family succession by permit- (a) IN GENERAL.—Subsection (a) of section $100,000 shall be rounded to the next lowest ting the older generation of shareholders to 1311 of the Small Business Job Protection multiple of $100,000.’’. relinquish control of the corporation but Act of 1996 is amended to read as follows: (c) EFFECTIVE DATE.—The amendments maintain an equity interest. ‘‘(a) IN GENERAL.—If a corporation was an made by this section shall apply to— electing small business corporation under SECTION 202. SAFE HARBOR EXPANDED TO (1) obligations issued after the date of the subchapter S of chapter 1 of the Internal INCLUDE CONVERTIBLE DEBT Revenue Code of 1986 for any taxable year be- enactment of this Act; and ginning before January 1, 1983, the amount of (2) capital expenditures made after such The Act permits S corporations to issue such corporation’s accumulated earnings and date with respect to obligations issued on or debt that may be converted into stock of the profits (as of the beginning of any taxable before such date. corporation provided that the terms of the year beginning after December 31, 1982) shall SEC. 606. SPECIAL RULES OF APPLICATION. debt are substantially the same as the terms be reduced by an amount equal to the por- (a) WAIVER OF LIMITATIONS.—If refund or that could have been obtained from an unre- tion (if any) of such accumulated earnings credit of any overpayment of tax resulting lated party. The Act also expands the cur- and profits which were accumulated in any from the application of any amendment rent law safe-harbor debt provision to permit taxable year beginning before January 1, made by this Act is prevented at any time nonresident alien individuals as creditors. 1983, for which such corporation was an before the close of the 1-year period begin- The provision facilitates the raising of in- electing small business corporation under ning on the date of the enactment of this Act vestment capital. by the operation of any law or rule of law such subchapter S.’’. SECTION 203. REPEAL OF EXCESSIVE PASSIVE (b) EFFECTIVE DATE.—The amendment (including res judicata), such refund or cred- INVESTMENT INCOME AS A TERMINATION EVENT made by this section shall apply to taxable it may nevertheless be made or allowed if years beginning after December 31, 1996. claimed therefor is filed before the close of The Act would repeal the rule that an S SEC. 602. REPEAL OF LIFO RECAPTURE TAX. such period. corporation would lose its S corporation sta- (a) IN GENERAL.—Section 1363 (relating to (b) TREATMENT OF CERTAIN ELECTIONS tus if it has excess passive income for three effect on election on corporations) is amend- UNDER PRIOR LAW.—For purposes of section consecutive years. A corporate-level ‘‘sting’’ ed by striking subsection (d). 1362(g) of the Internal Revenue Code of 1986 (or double) tax would still apply, as modified

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in Sections 204 and 604 below, to excess pas- corporation may be claimed. The ability to SECTION 602. THE REPEAL OF THE LIFO sive income. create loan basis through the restructuring RECAPTURE TAX SECTION 204. MODIFICATIONS TO PASSIVE INCOME of related party loans has been the subject of Often the most significant hurdle faced by RULES numerous court cases and is an area of much a corporation desiring to elect S corporation uncertainty. The Act will protect these tax- The Act would increase the threshold for status is the LIFO recapture tax. In many payers from an unfair and unwarranted fate taxing excess passive income from 25 percent cases, this tax makes it cost-prohibitive for by providing that true indebtedness from an to 60 percent (consistent with a Joint Tax a corporation to elect S status. The LIFO re- S corporation to a shareholder (funds for Committee recommendation on simplifica- capture tax was enacted in 1987 in response which the shareholder is truly obligated to tion measures). In addition, the Act removes to concerns that a taxpayer using the LIFO either repay or for which he/she experiences gains from the sales or exchanges of stock or method of accounting, upon conversion to S a true economic outlay) increases share- securities from the definition of passive in- corporation status, could avoid a corporate- holder debt basis, irrespective of the original vestment income for purposes of the sting level tax on LIFO layers because the S cor- source of the funds to the corporation. tax. poration would only be subject to a cor- TITLE IV—EXPANSION OF S SECTION 205. ADJUSTMENT TO BASIS OF S COR- porate-level tax on LIFO layers for the first CORPORATION ELIGIBILITY FOR BANKS PORATION STOCK FOR CERTAIN CHARITABLE 10 years after conversion instead of indefi- CONTRIBUTIONS SECTION 401. TREATMENT OF QUALIFYING nitely, as in the case of a C corporation. DIRECTOR SHARES Current rules discourage charitable gifts of These concerns are unfounded. Most cor- appreciated property by S corporations. The The Act clarifies that qualifying director porations, whether S or C, hold base LIFO Act would remedy this problem by providing shares of a bank are not to be treated as a layers far longer than the 10-year recogni- for an increase in the basis of shareholders’ second class of stock. Instead, the qualifying tion period (often holding them indefinitely). stock in an amount equal to the excess of director shares are treated as a liability of There is no data to suggest that S corpora- the value of the contributed property over the bank and no gain or loss from the S cor- tions deplete such layers any faster than the basis of the property contributed. This poration will be allocated to these qualifying their C corporation counterparts (for exam- provision conforms the S corporation rules director shares. The provision clarifies the ple, in year 11 of the S election). Accord- to those applicable to charitable contribu- law and removes a significant obstacle ingly, the making of an S election should not tions by partnerships. unique among banks contemplating an S cor- be grounds for a tax on base LIFO layers. poration election. The Act would repeal this unwarranted gov- TITLE III—TREATMENT OF S ernment windfall and properly put S cor- CORPORATION SHAREHOLDERS SECTION 402. RECAPTURE OF BAD DEBT RESERVES porations on par with C corporations, which SECTION 301. TREATMENT OF LOSSES TO rarely pay tax on the old LIFO layers. SHAREHOLDERS The Act permits bank S corporations to re- capture up to 100 percent of their bad debt SECTION 603. EXPANSION OF POST-TERMINATION In the case of a liquidation of an S corpora- reserves on their first S corporation tax re- TRANSITION PERIOD tion, current law can result in double tax- turn and/or their last C corporation income ation because of a mismatch of ordinary in- The Act expands the post-termination tax return prior to the effective date of the come (realized at the corporate level and transition period (PTTP) to include the fil- S election. Under current law, banks that passed through to the shareholder) and a ing of an amended return for an S year. The convert to S corporation status must change capital loss (recognized at the shareholder granting of the 120-day PTTP should be from the reserve method of accounting for level on the liquidating distribution). Al- based on the recognition that legitimate bad debts to the specific charge-off method. though careful tax planning can avoid this changes to an original return can be made in The differential must often be ‘‘recaptured’’ result, many S corporations do not have the several ways including through audit or into income and is treated as built-in gain benefit of sophisticated tax advice. The Act through the filing of a taxpayer-initiated subject to tax at both the shareholder and eliminates this potential trap by providing amended return. the corporate level. The Act allows banks to that any portion of any loss recognized by an accelerate the recapture of bad debt reserves SECTION 604. REDUCTION IN TAX RATE ON EXCESS S corporation shareholder on amounts re- to their last C corporation tax year. The cor- NET PASSIVE INCOME ceived by the shareholder in a distribution in porate level tax would still be paid on the re- complete liquidation of the S corporation The Act would bring the punitive nature of capture income, but the recapture would no would be treated as an ordinary loss to the the tax on excess passive income closer in longer trigger a tax for the bank’s share- extent of the shareholder’s basis in the S form and substance to the personal holding holders. corporation stock. company (PHC) rules by reducing the tax TITLE V—QUALIFIED SUBCHAPTER S rate on passive investment income to 15 per- SECTION 302. DEDUCTIBILITY OF INTEREST EX- SUBSIDIARIES cent as was recently done for PHCs by Sec- PENSE INCURRED BY AN ELECTING SMALL tion 302(e) of the Jobs and Growth Tax Relief BUSINESS TRUST (ESBT) TO ACQUIRE S COR- SECTION 501. TREATMENT OF THE SALE OF IN- Reconciliation Act of 2003. PORATION STOCK TEREST IN A QUALIFIED SUBCHAPTER S SUB- SIDIARY (QSUB) The Act provides that interest expense in- SECTION 605. INCREASE IN CAP ON QUALIFIED curred by an ESBT to acquire S corporation The Act treats the disposition of QSub SMALL ISSUE BONDS stock is deductible by the S portion of the stock as a sale of the undivided interest in The act would change the maximum size of trust. Current regulations provide that in- the QSub’s assets based on the underlying a bond issuance that would qualify as a terest expense incurred by an ESBT to ac- percentage of stock transferred followed by a ‘‘small issue’’ for S corporation banks to $10 quire stock in an S corporation is allocable deemed contribution by the S corporation million, and $30 million. It also indexes this to the S portion of the trust, but is not de- and the acquiring party in a nontaxable number for inflation. ductible. This result is contrary to the treat- transaction. Under current law, an S cor- SECTION 606. REDUCED RECOGNITION PERIOD FOR ment of other taxpayers, who are entitled to poration may be required to recognize 100 BUILT-IN GAINS deduct interest incurred to acquire an inter- percent of the gain inherent in a QSub’s as- est in a pass through entity. Further, Con- sets if it sells as little as 21 percent of the The effective recognition period for built- gress never intended to place ESBTs at a dis- QSub’s stock. IRS regulations suggest this in gains of S corporations is reduced from advantage relative to other taxpayers. result can be avoided by merging the QSub ten years to seven years. into a single member LLC prior to the sale, SECTION 303. BACK-TO-BACK LOANS AS SECTION 607. SPECIAL RULES OF APPLICATION then selling an interest in the LLC (as op- INDEBTEDNESS posed to stock in the QSub). The Act If a refund or tax credit resulting from the This provision would remove a significant achieves this result without any unnecessary application of this act is prevented in the trap for unwary shareholders of unsophisti- merger and thus removes a trap for the un- first year of its enactment, it may still be cated S corporations. The amount of a share- wary. taken as long as it is claimed within the holder’s pro rata share of corporate losses TITLE VI—ADDITIONAL PROVISIONS year. that may be taken into account are cur- SECTION 601. ELIMINATION OF ALL EARNINGS AND rently limited to the sum of (1) the basis in By Mr. DODD: the stock, plus (2) the basis of any share- PROFITS ATTRIBUTABLE TO PRE-1983 YEARS holder loans to the S corporation. The debt The Small Business Job Protection Act of S. 3839. A bill to amend title II of the must run directly to the shareholder for the 1996 eliminated certain pre-1983 earnings and Social Security Act to provide that the shareholder to receive basis for this purpose; profits of S corporations that had S corpora- eligibility requirement for disability the creditor may not be a person related to tion status for their first tax year beginning insurance benefits under which an indi- the shareholder. It is not uncommon for the after December 31, 1996. The provision should vidual must have 20 quarters of Social shareholders of an S corporation to own re- apply to all S corporations with pre-1983 S Security coverage in the 40 quarters lated entities. Often times, loans are made earnings and profits without regard to when preceding a disability shall not be ap- among these related entities. Under current they elect S status. There seems to be no law, it is extremely difficult for the share- policy reason why the elimination was re- plicable in the case of a disabled indi- holders of an S corporation to restructure stricted to corporations with an S election in vidual suffering from a covered ter- these loans in order to create basis in the S effect for their first taxable year beginning minal disease; to the Committee on Fi- corporation against which losses of the S after December 31, 1996. nance.

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00132 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2006 CONGRESSIONAL RECORD — SENATE S8857 Mr. DODD. Mr. President, I ask unan- SUBMITTED RESOLUTIONS Whereas more than 700,000 Lebanese civil- imous consent that the text of the bill, ians have been displaced by the fighting, and the Claire Collier Social Security Dis- the United Nations Emergency Relief Coor- SENATE RESOLUTION 548—EX- dinator is seeking more than $170,000,000 in ability Insurance Fairness Act, be PRESSING THE SENSE OF THE donations from international donors to pay printed in the RECORD. SENATE REGARDING THE NEED for food, medicine, water, and sanitation There being no objection, the text of FOR THE UNITED STATES AND services over the next 3 months; THE INTERNATIONAL COMMU- Whereas the United States Government the bill was ordered to be printed in has pledged $30,000,000 in short-term humani- NITY TO TAKE CERTAIN AC- the RECORD, as follows: tarian assistance to address the humani- TIONS WITH RESPECT TO THE S. 3839 tarian crisis in Lebanon; HOSTILITIES BETWEEN Whereas the fragile democracy of Lebanon Be it enacted by the Senate and House of Rep- HEZBOLLAH AND ISRAEL is in jeopardy of collapsing without signifi- resentatives of the United States of America in Mr. DODD (for himself, Mr. LEVIN, cant international support to address the hu- Congress assembled, Mr. SUNUNU, Ms. STABENOW, Mr. manitarian crisis in the country and to CHAFEE, Mr. KENNEDY, Mr. FEINGOLD, strengthen the capacity of the army and se- SECTION 1. SHORT TITLE. curity forces of the Government of Lebanon and Mrs. FEINSTEIN) submitted the fol- to gain effective control of all territory in This Act may be cited as the ‘‘Claire Col- lowing resolution; which was consid- Lebanon; and lier Social Security Disability Insurance ered and agreed to: Fairness Act’’. Whereas continued fighting between S. RES. 548 Hezbollah and Israel is a threat to the peace SEC. 2. EXCEPTION FROM 20/40 REQUIREMENT Whereas, on June 12, 2000, the Government and security of the peoples of Israel and Leb- FOR DISABILITY INSURANCE BENE- of Lebanon advised the United Nations that anon: FITS FOR INDIVIDUALS SUFFERING it would consider deploying its armed forces Now, therefore, be it FROM A COVERED TERMINAL DIS- throughout southern Lebanon following con- EASE. Resolved, That it is the sense of the Senate firmation by the United Nations Secretary- that— (a) EXCEPTION FROM RECENT WORK RE- General that the Government of Israel had (1) the Governments of Syria and Iran fully withdrawn its armed forces from that QUIREMENT.— should— country in accordance with United Nations (1) IN GENERAL.—Section 223(c)(1) of the So- (A) end all material and logistical support Security Council Resolution 425 (1978); cial Security Act (42 U.S.C. 423(c)(1)) is for Hezbollah, including attempts to replen- Whereas, on June 16, 2000, the United Na- amended in the flush matter following sub- ish Hezbollah’s supply of weapons; and paragraph (B)(iii) by inserting ‘‘or suffering tions Security Council endorsed the Sec- retary-General’s conclusion that Israel had (B) use their significant influence over from a covered terminal disease’’ after Hexbollah to disarm the group and release ‘‘216(i)(1))’’. withdrawn all of its forces from Lebanon in accordance with United Nations Security all kidnapped prisoners; (2) CONFORMING AMENDMENT.—Section Council Resolution 425; (2) the United States Government and the 216(i)(3) of such Act (42 U.S.C. 416(i)(3)) is Whereas, notwithstanding the reservations international community must work ur- amended in the flush matter following sub- of both Israel and Lebanon regarding the gently with the Governments of Israel and paragraph (B)(iii) by inserting ‘‘or suffering final line determining what constitutes an Lebanon— from a covered terminal disease’’ after Israeli withdrawal in accordance with United (A) to attain a cessation in the hostilities ‘‘paragraph (1))’’. Nations Security Council Resolution 425, the between Hezbollah and Israel based on— (i) effectuating the safe return of Israeli (b) DEFINITION OF COVERED TERMINAL DIS- governments of both countries confirmed soldiers held in Lebanon; EASE.—Not later than 60 days after the date that establishing the identifying line was the sole responsibility of the United Nations, (ii) the disarmament of Hezbollah, the re- of enactment of this Act, the Commissioner moval of all Hezbollah forces from southern of Social Security shall issue a proposed rule and that they would respect the line that the United Nations identified; Lebanon, and the replacement of those forces defining the term ‘‘covered terminal dis- Whereas Hezbollah remains an armed ter- with army and security forces of the Govern- ease’’ for purposes of sections 216(i)(3) and rorist presence in Lebanon and continues to ment of Lebanon; and 223(c)(1) of the Social Security Act (as receive material and political support from (iii) reaching an agreement to fully imple- amended by subsection (a)) that shall in- the Governments of Syria and Iran; ment United Nations Security Council Reso- clude (but not be limited to) those diseases Whereas, as affirmed in Public Law 108–175, lution 1559 and to create and deploy an inter- that are incurable, progressive, and ter- the Governments of Syria and Iran have sig- national stabilization force with a clear minal, including neurodegenerative and neu- nificant influence over Hezbollah; mandate to enforce a permanent ceasefire; rological diseases that are likely to cause Whereas United Nations Security Council (B) to organize an international donors conference to solicit and ensure the provi- death within a 5-year period of onset. Resolution 1559 (2004) calls for the with- drawal of all foreign forces and the dis- sion of international resources for the recon- (c) INTERIM FINAL AND FINAL RULES.— mantlement of all independent militias in struction of roads, bridges, hospitals, elec- (1) INTERIM FINAL RULE.—Not later than 90 Lebanon; trical and communications systems, and days after the date of enactment of this Act, Whereas the international community has other civilian infrastructure damaged or de- the Commissioner of Social Security shall provided insufficient encouragement and re- stroyed in Lebanon during the hostilities; issue an interim final rule defining the term sources to the Government of Lebanon to en- (C) to remain engaged to promote sustain- ‘‘covered terminal disease’’ in accordance able the Government to comply with the rel- able peace and security for Israel and Leb- with the requirements of subsection (b) and evant provisions of United Nations Security anon and the greater Middle East; and shall provide for a period of public comments Council Resolution 1559; (D) to assist the Government of Lebanon on such rule. Whereas Hezbollah launched an on its path to democracy by promoting nec- (2) FINAL RULE.—Not later than 6 months unprovoked attack against Israel on July 12, essary internal political reforms; and after the date of enactment of this Act, the 2006, killing 7 Israeli soldiers and taking 2 (3) the territorial integrity, sovereignty, Commissioner of Social Security shall issue soldiers hostage, its fifth provocative act unity, and political independence of Lebanon a final rule defining the term ‘‘covered ter- against Israel since the summer of 2005; should be strongly supported. Whereas the Government of Israel, as re- minal disease’’ in accordance with the re- Mr. DODD. Mr. President, I send to quirements of subsection (b) and consider- affirmed in S. Res. 534, has the right to de- fend itself and to take appropriate action to the desk a resolution about the current ation of any public comments received dur- deter aggression by terrorist groups and outbreak of violence in Israel and Leb- ing the period required under paragraph (1). their state sponsors; anon. I do so for myself, Senators (d) EFFECTIVE DATE.—The amendments Whereas fighting between Israel and LEVIN, SUNUNU, STABENOW, CHAFEE, and made by subsection (a) shall take effect on Hezbollah to date has caused significant the date of enactment of this Act and shall damage to Lebanon’s and Israel’s infrastruc- KENNEDY. I know that all of us here apply to any applications for disability in- tures that will necessitate the expenditure of want to see a peaceful conclusion to surance benefits under title II of the Social significant sums to rebuild; the current situation—peace for Security Act that are pending or filed on or Whereas more than 400 citizens of Israel Israelis and for Lebanese. The tragic and Lebanon have already lost their lives in after that date. the ongoing conflict; deaths of 57 Lebanese civilians—37 of Whereas over 14,000 United States citizens them children—in the village of Qana have been evacuated from Lebanon at a cost on Sunday highlight the urgency for of over $60,000,000; doing so. Whereas more than 1,000,000 Israelis living in northern Israel are under threat of This resolution would express the Hezbollah rockets; sense of the Senate that the United

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Hezbollah is disarmed. safe return of Israeli soldiers held in Long-term peace will also require It is quite apparent that after dec- Lebanon; disarming Hezbollah, remov- Israel to cease its attacks in Lebanon, ades of operational and financial sup- ing Hezbollah forces from southern consistent with the Lebanese Govern- port from Syria, and especially Iran, Lebanon, and replacing those forces ment and international community’s Hezbollah’s military wing is currently with Lebanese army and security ability and willingness to stop terrorist too strong for the relatively weak Leb- forces; reaching agreement to create elements from launching attacks on anese Government to deal with. So to and deploy an international stabiliza- Israel. I would remind my colleagues the extent that Israeli actions weaken tion force with a robust mandate to en- that Israel withdrew voluntarily from Hezbollah’s capabilities, they also cre- force a permanent ceasefire and to Lebanon in 2000—a move that was rec- ate the possibility of strengthening the fully implement United Nations Secu- ognized by the United Nations Sec- Lebanese Government’s hand to reign rity Council Resolution 1559; orga- retary General and Security Council as in militias and terrorists. But there nizing an international donors con- fulfilling completely the terms of U.N. might be a point of diminishing returns ference to solicit and ensure the provi- Security Council Resolution 425. To where Hezbollah is somewhat weakened sion of international resources for the that end, I doubt very much whether while Iran and Syria are greatly reconstruction of Lebanon; and ensur- Israel would like to stay in Lebanon strengthened—an outcome that it is es- ing that all parties remain engaged to even one day longer than is absolutely sential to avoid. Hopefully, the com- promote peace and security for Israel necessary to stop the terror and return bination of the current attacks against and Lebanon and the greater Middle Israeli citizens to safety. Hezbollah, a quick cessation of hos- East. My belief in the need for a quick ces- I believe that it is important to men- tilities, and the immediate deploy- sation of hostilities is rooted in my ment—concurrent with the end of hos- tion a few points up front. As my col- concern that the current violence be- leagues know, the current situation tilities—of an international force with tween Israel and Hezbollah is greatly real teeth will make that the case. began when two Israeli soldiers were strengthening the hands of Iran and I realize that there are many voices kidnapped by Hezbollah, a terrorist or- Syria. This is true especially with re- in the Arab world who accuse the U.S. ganization that is based in Lebanon spect to Iran, which wants to divert of ignoring the plight of the innocent but supported by Syria and Iran. international attention away from its Lebanese citizens who have been These soldiers were kidnapped from nuclear program as well as position caught in the crossfire because Israeli soil, and during those kidnap- itself as the leader of the Arab Muslim Hezbollah militants have shamefully ping operations, innocent Israelis were world. killed, and some northern Israeli cities Indeed, as the body counts rise, we hidden themselves and their weapons were shelled with rockets. are seeing the gulf between moderate among the civilian population. I do not These facts are very important to re- Arab regimes and their citizens widen believe that this is the case. And I member as we consider the current sit- dramatically. At the same time, Iran’s think that the U.S. could help to prove uation because despite any other frus- position as the main backer of this by organizing an international do- trations that some people might have Hezbollah is giving it a newfound legit- nors’ conference as quickly as possible with the derailed Israeli-Palestinian imacy in the eyes of many Arabs. It is to assist the Lebanese in rebuilding peace process, it wasn’t Israeli actions critical that we avoid these outcomes their country. which started the cycle of the current As I said before, I think we in Con- bloody situation in which more than because current Iranian nuclear and re- gional ambitions pose a threat to gress all share a desire to see peace in 400 Israelis and Lebanese have died. the Middle East. I would hope that I would also say unequivocally that I Israel, to moderate Arab regimes, to once all of the steps I have talked believe that Israel is currently acting the United States, and to the inter- about today come into place that the in self-defense as a response to attacks national community alike. United States would take a lead role in on its soil and the kidnapping of its Moreover, long-term peace will be bringing about that peace because U.S. citizens. No country that experienced impossible unless the international leadership, and our active and high- similar attacks would do anything community gets both Iran and Syria to level engagement, have always been an less—certainly not the United States. shut off and cut off Hezbollah and essential part of the Middle East peace And I support fully Israel’s right to de- other terrorist groups. By ‘‘shut off,’’ I process. fend its borders and its citizens. mean that Iran and Syria must send a All violent confrontations, however, clear signal to Hezbollah to stop its I believe that this resolution will must eventually come to an end—in- violent terrorist attacks against Israel. send a strong signal that the world cluding this one. I think what we are By ‘‘cut off,’’ I mean that these coun- needs to support the Lebanese people, all hoping—Americans, Israelis, Leba- tries must stop financing, supplying, respect Israel’s right to defend itself, nese—is that a resolution of this flare- and providing safe haven to terrorist and be tough with Hezbollah, Iran, and up will come quickly and without any groups and their operatives. The inter- Syria. These are the necessary signals additional loss of innocent civilians in national community must also send a that we need to send in order for there Lebanon or Israel, so that a climate strong message to Iran and Syria that to truly be hope at the end of this tun- conducive to tackling the many com- they need to stop preventing Lebanon nel. I urge my colleagues to support plex problems confronting the region from deploying its army to disarm this resolution, and I ask that the text can exist. Clearly, that climate does Hezbollah and protect the border. of the resolution be printed in the not exist at the moment while fighting But the current situation will not RECORD following my remarks. is ongoing. begin to wind down unless, first and However, long-term peace neces- foremost, the Israeli hostages are re- f sitates certain actions. First, I believe leased unharmed. that an international stabilization After that, the short-term goals SENATE RESOLUTION 549—EX- force with real teeth to act against should be the deployment of an inter- PRESSING THE SENSE OF THE Hezbollah militia and any other ter- national stabilization force with real SENATE REGARDING MODERN- rorist elements will eventually need to teeth in the south and some kind of DAY SLAVERY be deployed in southern Lebanon. On international monitoring of land, sea, this point, we must learn from the fail- and air crossings to ensure that Mr. SANTORUM (for himself, Mr. ures of the current United Nations Sta- Hezbollah will not be rearmed by Syria PRYOR, and Mrs. DOLE) submitted the bilization Force in Lebanon, UNIFIL, and Iran. following resolution; which was re- and give any future force the size and The long-term goals are obviously ferred to the Committee on Foreign mandate to actually fulfill its mission. that U.N. Security Council Resolution Relations:

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S. RES. 549 rupt police or immigration officials funnel raising public awareness about the impor- Whereas the Trafficking Victims Protec- trafficking profits into both legitimate and tance of adequate retirement savings and the tion Act of 2000 (22 U.S.C. 7101 et seq.) states criminal activities; availability of employer-sponsored retire- that the Declaration of Independence recog- Whereas modern-day slavery strips human ment plans; and nizes the inherent dignity and worth of all beings of dignity, respect, and hope for their (3) calls on the Federal Government, people and states that all men are created future; and States, localities, schools, nonprofit organi- equal and are endowed by their Creator with Whereas no country or people are immune zations, businesses, other entities, and the certain unalienable rights, including the from the effects of modern-day slavery: Now, people of the United States to observe the right to be free from slavery and involuntary therefore, be it week with appropriate programs and activi- servitude; Resolved, That it is the sense of the Senate ties with the goal of increasing the retire- Whereas the United States outlawed slav- that— ment savings of all the people of the United ery and involuntary servitude in 1865, recog- (1) the abolition of modern-day slavery States. nizing that those evil institutions must be should be a priority of the United States for- abolished; eign and domestic policy; f Whereas, in the 21st century, as many as (2) the United States should continue to 27,000,000 people are suffering as slaves bring together governments, international throughout the world and in the United organizations, nongovernmental organiza- SENATE RESOLUTION 551—EX- States; tions, and individuals to form a comprehen- PRESSING THE SENSE OF THE Whereas an estimated 800,000 persons are sive coalition to fight modern-day slavery; SENATE THAT ILLEGAL IMMI- trafficked across international borders each (3) the Federal Government should con- GRANTS SHOULD NOT RECEIVE year; tinue to expand protection and legal options SOCIAL SECURITY BENEFITS Whereas an estimated 18,000 to 20,000 vic- for victims of modern-day slavery; AND THAT THIS PROHIBITION tims are trafficked into the United States (4) the abolition of modern-day slavery each year; should be prioritized at the 2007 Group of 8 SHOULD BE STRICTLY EN- Whereas approximately 80 percent of vic- (G-8) Summit in Germany; and FORCED tims are female and an estimated 40 to 50 (5) the trade policy of the United States Mr. REID (for himself, Mr. BAUCUS, percent of victims are children; should reflect the commitment of the United Ms. STABENOW, Mr. PRYOR, Mrs. CLIN- Whereas many of the victims are traf- States to freedom for all people. TON, Mr. LIEBERMAN, Mr. BINGAMAN, ficked into the international sex trade, f which includes sexual exploitation of persons Ms. LANDRIEU, Mrs. LINCOLN, Mr. involving activities including prostitution, SENATE RESOLUTION 550—DESIG- WYDEN, and Mr. JOHNSON) submitted pornography, sex tourism, and other com- NATING OCTOBER 22 THROUGH the following resolution; which was re- mercial sexual services; OCTOBER 28, 2006, AS ‘‘NATIONAL ferred to the Committee on Finance: Whereas modern-day slavery also includes SAVE FOR RETIREMENT WEEK’’ S. RES. 551 bonded labor, forced labor, forced marriage, chattel slavery, and child labor; Mr. SMITH (for himself and Mr. CON- Resolved, That it is the sense of the Senate Whereas the Department of Health and RAD) submitted the following resolu- that illegal immigrants should not receive Human Services states that human traf- tion; which was referred to the Com- Social Security benefits and that this prohi- bition should be strictly enforced. ficking is the second largest criminal indus- mittee on the Judiciary: try worldwide; S. RES. 550 Whereas traffickers use threats, intimida- f tion, manipulation, coercion, fraud, shame, Whereas the cost of retirement continues to rise, in part, because people in the United and violence to force victims into modern- SENATE RESOLUTION 552—DESIG- day slavery; States are living longer than ever before, the Whereas a trafficker may be a family number of employers providing retiree NATING SEPTEMBER 2006 AS friend, someone well-known within the com- health coverage continues to decline, and re- ‘‘NATIONAL PROSTATE CANCER munity, someone in law enforcement, or a tiree health care costs continue to increase AWARENESS MONTH’’ at a rapid pace; member of an organized criminal network; Mr. SESSIONS (for himself, Mr. Whereas traffickers capitalize on areas of Whereas Social Security remains the bed- conflict and post-conflict, transitioning rock of retirement income for the great ma- BROWNBACK, Mr. CHAMBLISS, Mr. states, sudden political change, economic jority of the people of the United States, but CRAPO, Mr. GRASSLEY, Mr. INHOFE, Ms. collapse, civil unrest, internal armed con- was never intended by Congress to be the LANDRIEU, Mr. MENENDEZ, Mr. SCHU- flict, chronic unemployment, widespread sole source of retirement income for fami- MER, Mr. SHELBY, and Mr. SPECTER) poverty, personal disaster, lack of economic lies; submitted the following resolution; opportunity, and natural disasters; Whereas recent data from the Employee which was referred to the Committee Whereas traffickers prey upon the vulner- Benefit Research Institute indicates that, in on the Judiciary: able, ethnic minorities, and people without the United States, less than 2⁄3 of workers or citizenship; their spouses are currently saving for retire- S. RES. 552 Whereas modern-day slavery thrives be- ment and that the actual amount of retire- Whereas countless families in the United cause of its high profitability and minimal ment savings of workers lags far behind the States have a family member that suffers risk due to little rule of law, lack of enforce- amount that is realistically needed to ade- from prostate cancer; ment, and corruption of law enforcement in- quately fund retirement; Whereas 1 in 6 men in the United States is stitutions; Whereas many employees have available to diagnosed with prostate cancer; Whereas populations vulnerable to traf- them through their employers access to de- Whereas throughout the past decade, pros- ficking are growing due to the rising num- fined benefit or defined contribution plans to tate cancer has been the most commonly di- bers of orphans in developing countries due assist them in preparing for retirement; agnosed type of cancer other than skin can- to civil conflicts and the HIV/AIDS pan- Whereas many employees may not be cer and the second most common cause of demic; aware of their retirement savings options cancer-related deaths among men in the Whereas the spread of HIV/AIDS and other and may not have focused on the importance United States; sexually-transmitted diseases poses a global of and need for saving for their own retire- Whereas, in 2006, more than 234,460 men in threat and creates a particular challenge for ment; the United States will be diagnosed with victims of modern-day slavery involved in Whereas many employees may not be tak- prostate cancer and 27,350 men in the United the international sex trade; ing advantage of workplace defined contribu- States will die of prostate cancer according Whereas the loss of family-support net- tion plans at all or to the full extent allowed to estimates from the American Cancer Soci- works due to modern-day slavery contributes by the plans or under Federal law; and ety; to the breakdown of societies; Whereas all workers, including public- and Whereas 30 percent of the new diagnoses of Whereas trafficking has a negative impact private-sector employees, employees of tax- prostate cancer occur in men under the age on the labor market in countries and perpet- exempt organizations, and self-employed in- of 65; uates a cycle of poverty; dividuals, can benefit from increased aware- Whereas a man in the United States turns Whereas trafficking brutalizes men, ness of the need to save for retirement and 50 years old about every 14 seconds, increas- women, and children, and exposes them to the availability of tax-advantaged retire- ing his odds of being diagnosed with prostate rape, torture, HIV/AIDS and other sexually ment savings vehicles to assist them in sav- cancer; transmitted diseases, violence, dangerous ing for retirement: Now, therefore, be it Whereas African American males suffer working conditions, poor nutrition, drug and Resolved, That the Senate— from prostate cancer at an incidence rate up alcohol addiction, and severe psychological (1) designates October 22 through October to 65 percent higher than white males and at trauma from separation, coercion, sexual 28, 2006, as ‘‘National Save for Retirement a mortality rate double that of white males; abuse, and depression; Week’’; Whereas obesity is a significant predictor Whereas organized criminal groups, gangs, (2) supports the goals and ideals of Na- of the severity of prostate cancer and the document forgers, brothel owners, and cor- tional Save for Retirement Week, including chance that the disease will lead to death;

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00135 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8860 CONGRESSIONAL RECORD — SENATE August 3, 2006 Whereas if a man in the United States has Whereas, in order to save thousands of is time that he earns proper recogni- 1 family member diagnosed with prostate Jews and refugees who were threatened by tion for his noble mission. One measure cancer, he has double the risk of prostate the Nazis, Varian Fry risked his personal we can take is to allow Fry to join the cancer, if he has 2 family members with such safety, forfeited his employment as a writer ranks of other humanitarians and lead- diagnosis, he has 5 times the risk, and if he with the Foreign Policy Association, and has 3 family members with such diagnosis, was ultimately expelled from France because ers who have been honored with a com- he has a 97 percent risk of prostate cancer; his actions contravened the policies of the memorative stamp in their name. The Whereas screening by both a digital rectal Vichy French government; U.S. Postal Service has already issued examination (DRE) and a prostate specific Whereas the efforts of Varian Fry resulted a stamp honoring former U.S. Vice- antigen blood test (PSA) can detect prostate in the rescue of approximately 2,000 persons, Consul Horace Bingaman, who aided cancer in earlier and more treatable stages including such distinguished artists and in- Fry in his rescue campaign. It is only and reduce the rate of mortality due to the tellectuals as Marc Chagall, Max Ernst, Han- fitting that Fry be honored with a disease; nah Arendt, Franz Werfel, Jacques Lipchitz, stamp, as well. Whereas ongoing research promises further Lion Feuchtwanger, and Heinrich Mann; improvements in prostate cancer prevention, Whereas, in 1967, for his heroic actions, Varian Fry has been honored by early detection, and treatments; and Varian Fry received the Croix de Chevalier France and was the first American to Whereas educating people in the United of the French Legion of Honor, 1 of the high- be named Righteous Among the Na- States, including health care providers, est civilian honors of France; and tions, Yad Vashem’s highest honor for about prostate cancer and early detection Whereas, in 1996, Varian Fry was named those who helped rescue people during strategies is crucial to saving the lives of ‘‘Righteous Among the Nations’’ by Yad the Holocaust. Though Fry passed men and preserving and protecting our fami- Vashem, the Holocaust Heroes and Martyrs away many years ago, let us now show lies: Now, therefore, be it Remembrance Authority in Jerusalem, mak- his relatives and the world that this Resolved, That the Senate— ing him the first citizen of the United States (1) designates September 2006 as ‘‘National to receive the highest honor bestowed by Nation—his Nation—also appreciates Prostate Cancer Awareness Month’’; Israel to individuals who worked as rescuers his sacrifice and commitment to saving (2) declares that it is critical— during the Holocaust: Now, therefore, be it lives at a time when the world was (A) to raise awareness about the impor- Resolved, That it is the sense of the Senate turning a blind eye to the evil of the tance of screening methods and the treat- that the Citizens’ Stamp Advisory Com- Nazis. I thank my House colleague, ment of prostate cancer; mittee should recommend to the Postmaster STEVE ROTHMAN, for his work on the (B) to increase research funding to be pro- General that a commemorative postage companion bill to this resolution which portionate with the burden of prostate can- stamp be issued in honor of Varian Fry. cer so that the causes of the disease, im- he has already introduced in the House Mr. MENENDEZ. Mr. President, of Representatives, and I ask that my proved screening and treatments, and ulti- today I am submitting a resolution mately a cure may be discovered; and fellow Senators join me in supporting (C) to continue to consider methods to im- that would honor an unsung hero who this important legislation. prove both access to and the quality of saved thousands of people from death health care services for detecting and treat- during the Holocaust. The world knows f ing prostate cancer; and the names of Oskar Schindler and (3) calls on the people of the United States, Raoul Wallenberg, but few know the SENATE RESOLUTION 554—AU- interested groups, and affected persons— work of an American man named THORIZING THE PRINTING WITH (A) to promote awareness of prostate can- Varian Fry. During the Nazi takeover ILLUSTRATIONS OF A DOCU- cer; of Europe in World War II, Varian Fry, (B) to take an active role in the fight to MENT ENTITLED ‘‘COMMITTEE end the devastating effects of prostate can- a resident of my home State of New ON THE BUDGET, UNITED cer on individuals, their families, and the Jersey, selflessly risked his life to save STATES SENATE, 32ND ANNIVER- economy; and the lives of some 2,000 Jews and anti- SARY, 1974–2006’’ (C) to observe National Prostate Cancer Nazi refugees in Vichy, France. Al- Mr. GREGG (for himself and Mr. CON- Awareness Month with appropriate cere- though not Jewish himself, Fry under- monies and activities. RAD) submitted the following resolu- stood the threat the Nazis posed. Over tion; which was considered and agreed f the course of 13 months, Fry’s rescue to: operation saved some of Europe’s most SENATE RESOLUTION 553—EX- S. RES. 554 PRESSING THE SENSE OF THE accomplished artists, writers, and in- tellectuals, such as Marc Chagall, Max Resolved, That there be printed with illus- SENATE THAT THE CITIZENS’ trations as a Senate document a compilation STAMP ADVISORY COMMITTEE Ernst, Jacques Lipschitz, Arthur of materials entitled ‘‘Committee on the SHOULD RECOMMEND TO THE Koestler, Hannah Arendt, Franz Budget, United States Senate, 32nd Anniver- POSTMASTER GENERAL THAT A Werfel, Lion Feuchtwanger, and Hein- sary, 1974–2006’’, and that, in addition to the COMMEMORATIVE POSTAGE rich Mann. usual number, there be printed not to exceed STAMP BE ISSUED IN HONOR OF Few of us can imagine the dangers 500 copies of such document at a cost of not to exceed $1,200 for the use of the Committee VARIAN FRY that Fry encountered and the courage and savvy that he needed to elude the on the Budget. Mr. MENENDEZ submitted the fol- Nazis and transport thousands of refu- lowing resolution; which was referred f gees from France to safe havens to the Committee on Homeland Secu- abroad. We remember that Varian Fry rity and Governmental Affairs: SENATE RESOLUTION 555—TO AU- sacrificed his job and his personal safe- THORIZE THE PRODUCTION OF S. RES. 553 ty to help others and to stand up for Whereas Varian Mackey Fry, of Ridge- RECORDS BY THE PERMANENT what was right. His work to aid both SUBCOMMITTEE ON INVESTIGA- wood, New Jersey, embodied the spirit of Jews and anti-Nazis during this per- heroism and demonstrated personal bravery TIONS OF THE COMMITTEE ON of the highest order during the Holocaust; ilous time in history makes him a hero HOMELAND SECURITY AND GOV- Whereas, while serving as a representative for people of all religions and all na- ERNMENTAL AFFAIRS of the Emergency Refugee Committee in tions. German-occupied Vichy, France, between Tragically, this man whose bravery Mr. FRIST. (for himself and Mr. 1940 and 1941, Varian Fry helped save the and resourcefulness changed the lives REID) submitted the following resolu- lives of approximately 1,500 Jews and hun- of so many died in relative obscurity. tion; which was considered and agreed dreds of other anti-Nazi refugees; It was not until 1991, 24 years after to: Whereas Varian Fry established a legal Fry’s death, that the U.S. Holocaust S. RES. 555 French relief organization, the Centre Americain de Secou, as a cover for his heroic Memorial Council became the first Whereas, the Permanent Subcommittee on but sometimes unlawful actions on behalf of American agency to officially recog- Investigations of the Committee on Home- the refugees, including— nize his work. It is now time that the land Security and Governmental Affairs has (1) securing false visas; country recognize his humanitarian ef- been conducting an investigation into the (2) planning daring escape routes through forts. Fry’s hometown of Ridgewood, use of offshore tax havens for abusive tax shelters; the mountains of Southern France; NJ, has honored him and dedicated a (3) illegally chartering ships to transport Whereas, the Subcommittee has received a refugees out of France; and street in his name, but we must do number of requests from law enforcement of- (4) exchanging funding for these operations more. Sixty-six years after Varian Fry ficials and regulatory agencies, for access to on the black market; began his lifesaving work in France, it records of the Subcommittee’s investigation;

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00136 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2006 CONGRESSIONAL RECORD — SENATE S8861 Whereas, by the privileges of the Senate of serve National Peripheral Arterial Disease ment intended to be proposed by him to the the United States and Rule XI of the Stand- Awareness Week: Now, therefore, be it bill H.R. 5631, supra; which was ordered to lie ing Rules of the Senate, no evidence under Resolved, That the Senate— on the table. the control or in the possession of the Senate (1) supports National Peripheral Arterial SA 4867. Mr. BYRD (for himself and Mr. can, by administrative or judicial process, be Disease Awareness Week and efforts to edu- DEWINE) submitted an amendment intended taken from such control or possession but by cate people about peripheral arterial disease; to be proposed by him to the bill H.R. 5631, permission of the Senate; (2) acknowledges the critical importance of supra. Whereas, when it appears that evidence peripheral arterial disease awareness to im- SA 4868. Mrs. CLINTON (for herself and Mr. under the control or in the possession of the prove national cardiovascular health; SCHUMER) submitted an amendment intended Senate is needed for the promotion of jus- (3) supports raising awareness of the con- to be proposed by her to the bill H.R. 5631, tice, the Senate will take such action as will sequences of undiagnosed and untreated pe- supra. promote the ends of justice consistent with ripheral arterial disease and the need to seek the privileges of the Senate: Now, therefore, SA 4869. Ms. CANTWELL submitted an appropriate care as a serious public health amendment intended to be proposed by her be it issue; and Resolved, That the Chairman and Ranking to the bill H.R. 5631, supra; which was or- (4) calls upon the people of the United Minority Member of the Permanent Sub- dered to lie on the table. States to observe the week with appropriate committee on Investigations of the Com- SA 4870. Mr. ROBERTS submitted an mittee on Homeland Security and Govern- programs and activities. amendment intended to be proposed by him mental Affairs, acting jointly, are authorized f to the bill H.R. 5631, supra; which was or- to provide to law enforcement officials, regu- AMENDMENTS SUBMITTED AND dered to lie on the table. latory agencies, and other entities or indi- SA 4871. Mr. KERRY submitted an amend- viduals duly authorized by federal, state, or PROPOSED ment intended to be proposed by him to the foreign governments, records of the Sub- SA 4851. Mr. BIDEN (for himself and Ms. bill H.R. 5631, supra; which was ordered to lie committee’s investigation into the use of CANTWELL) submitted an amendment in- on the table. offshore tax havens for abusive tax shelters. tended to be proposed by him to the bill H.R. SA 4872. Mr. KERRY submitted an amend- f 5631, making appropriations for the Depart- ment intended to be proposed by him to the ment of Defense for the fiscal year ending bill H.R. 5631, supra; which was ordered to lie SENATE RESOLUTION 556—SUP- September 30, 2007, and for other purposes. on the table. PORTING NATIONAL PERIPH- SA 4852. Mr. BIDEN (for himself and Mr. SA 4873. Ms. CANTWELL submitted an ERAL ARTERIAL DISEASE CARPER) submitted an amendment intended amendment intended to be proposed by her AWARENESS WEEK AND EF- to be proposed by him to the bill H.R. 5631, to the bill H.R. 5631, supra; which was or- FORTS TO EDUCATE PEOPLE supra; which was ordered to lie on the table. dered to lie on the table. ABOUT PERIPHERAL ARTERIAL SA 4853. Mr. NELSON, of Florida sub- SA 4874. Mr. COLEMAN submitted an DISEASE mitted an amendment intended to be pro- amendment intended to be proposed by him posed by him to the bill H.R. 5631, supra. to the bill H.R. 5631, supra; which was or- Mr. CRAPO (for himself and Mr. DOR- SA 4854. Mr. DODD (for himself and Mr. dered to lie on the table. GAN) submitted the following resolu- LIEBERMAN) submitted an amendment in- SA 4875. Ms. STABENOW (for herself, Mr. tion; which was submitted and read: tended to be proposed by him to the bill H.R. REID, Mr. REED, Mr. LEAHY, Mr. LEVIN, Mr. S. RES. 556 5631, supra; which was ordered to lie on the DURBIN, and Mr. KENNEDY) proposed an Whereas peripheral arterial disease is a table. amendment to the bill H.R. 5631, supra. vascular disease that occurs when narrowed SA 4855. Mr. DODD (for himself and Mr. SA 4876. Mr. CHAMBLISS submitted an arteries reduce the blood flow to the limbs; LIEBERMAN) submitted an amendment in- amendment intended to be proposed by him Whereas peripheral arterial disease is a tended to be proposed by him to the bill H.R. to the bill H.R. 5631, supra; which was or- significant vascular disease that can be as 5631, supra. dered to lie on the table. SA 4856. Mr. DODD (for himself and Mr. serious as a heart attack or stroke; SA 4877. Mr. SMITH (for himself and Mr. LIEBERMAN) submitted an amendment in- Whereas peripheral arterial disease affects WYDEN) submitted an amendment intended tended to be proposed by him to the bill H.R. approximately 8,000,000 to 12,000,000 Ameri- to be proposed by him to the bill H.R. 5631, 5631, supra; which was ordered to lie on the cans; supra; which was ordered to lie on the table. table. Whereas patients with peripheral arterial SA 4878. Mr. SANTORUM proposed an SA 4857. Mr. KENNEDY (for himself and disease are at increased risk of heart attack amendment to the bill S. 843, to amend the Mr. HATCH) submitted an amendment in- and stroke and are 6 times more likely to die Public Health Service Act to combat autism tended to be proposed by him to the bill H.R. within 10 years than are patients without pe- through research, screening, intervention ripheral arterial disease; 5631, supra; which was ordered to lie on the and education. Whereas the survival rate for individuals table. SA 4879. Mr. FRIST (for Mr. ENZI) proposed with peripheral arterial disease is worse than SA 4858. Mrs. BOXER (for herself and Mr. an amendment to the bill S. 3534, to amend the outcome for many common cancers; GRAHAM) submitted an amendment intended Whereas peripheral arterial disease is a to be proposed by her to the bill H.R. 5631, the Workforce Investment Act of 1998 to pro- leading cause of lower limb amputation in supra. vide for a YouthBuild program. the United States; SA 4859. Mr. PRYOR submitted an amend- SA 4880. Mr. FRIST (for Mr. MCCAIN (for Whereas many patients with peripheral ar- ment intended to be proposed by him to the himself and Mr. DORGAN)) proposed an terial disease have walking impairment that bill H.R. 5631, supra; which was ordered to lie amendment to the bill S. 1899, to amend the leads to a diminished quality of life and on the table. Indian Child Protection and Family Violence functional capacity; SA 4860. Ms. MIKULSKI submitted an Prevention Act to identify and remove bar- Whereas a majority of patients with pe- amendment intended to be proposed by her riers to reducing child abuse, to provide for ripheral arterial disease are asymptomatic to the bill H.R. 5631, supra. examinations of certain children, and for and less than half of individuals with periph- SA 4861. Mr. NELSON, of Florida (for him- other purposes. eral arterial disease are aware of their diag- self, Mr. MARTINEZ, Mr. BINGAMAN, and Mr. SA 4881. Mr. FRIST (for Mr. LAUTENBERG noses; DOMENICI) submitted an amendment in- (for himself and Mr. STEVENS)) proposed an Whereas African-American ethnicity is a tended to be proposed by him to the bill H.R. amendment to the bill H.R. 3858, to amend strong and independent risk factor for pe- 5631, supra; which was ordered to lie on the the Robert T. Stafford Disaster Relief and ripheral arterial disease, and yet this fact is table. Emergency Assistance Act to ensure that not well known to those at risk; SA 4862. Mr. SHELBY submitted an amend- State and local emergency preparedness Whereas effective treatments are available ment intended to be proposed by him to the operational plans address the needs of indi- for people with peripheral arterial disease to bill H.R. 5631, supra; which was ordered to lie viduals with household pets and service ani- reduce heart attacks, strokes, and amputa- on the table. mals following a major disaster or emer- tions and to improve quality of life; SA 4863. Mr. MENENDEZ submitted an gency. Whereas many patients with peripheral ar- amendment intended to be proposed by him terial disease are still untreated with proven to the bill H.R. 5631, supra. f therapies; SA 4864. Mr. NELSON, of Florida (for him- Whereas there is a need for comprehensive self, Mr. MARTINEZ, Mr. BINGAMAN, and Mr. educational efforts designed to increase DOMENICI) submitted an amendment in- TEXT OF AMENDMENTS awareness of peripheral arterial disease tended to be proposed by him to the bill H.R. SA 4851. Mr. BIDEN (for himself and among medical professionals and the greater 5631, supra. Ms. CANTWELL) submitted an amend- public in order to promote early detection SA 4865. Mrs. CLINTON submitted an ment intended to be proposed by him and proper treatment of this disease to im- amendment intended to be proposed by her prove quality of life, prevent heart attacks to the bill H.R. 5631, supra; which was or- to the bill H.R. 5631, making appropria- and strokes, and save lives and limbs; and dered to lie on the table. tions for the Department of Defense for Whereas September 18 through September SA 4866. Mr. OBAMA (for himself, Mr. DOR- the fiscal year ending September 30, 22, 2006, would be an appropriate week to ob- GAN, and Mr. DURBIN) submitted an amend- 2007, and for other purposes; as follows:

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00137 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8862 CONGRESSIONAL RECORD — SENATE August 3, 2006 At the end of title VIII, add the following: (5) to support international efforts to the fiscal year ending September 30, SEC. 8109. None of the funds appropriated strengthen civil society and in transition 2007, and for other purposes; as follows: or otherwise made available by this Act may planning in Cuba. be obligated or expended by the United (e) If the President determines that there At the end of title VIII, add the following: States Government for a purpose as follows: exists either a transition government in SEC. 8109. Of the amount appropriated or (1) To establish any military installation Cuba or a democratically elected govern- otherwise made available by title IV under or base for the purpose of providing for the ment in Cuba, as those terms are defined in the heading ‘‘RESEARCH, DEVELOPMENT, TEST permanent stationing of United States section 4 of the Cuban Liberty and Demo- AND EVALUATION, NAVY’’, up to $1,000,000 may Armed Forces in Iraq. cratic Solidarity (LIBERTAD) Act of 1996 (22 be available for Energy Regeneration and (2) To exercise United States control over U.S.C. 6023) and submits that determination Conversion Fuel Cell Systems to address any oil resource of Iraq. to Congress in accordance with section 203(c) Navy Unmanned Underwater Vehicle re- of that Act (22 U.S.C. 6063), then the funds quirements. SA 4852. Mr. BIDEN (for himself and made available for the Cuba Fund for a Mr. CARPER) submitted an amendment Democratic Future may be used, at the dis- SA 4856. Mr. DODD (for himself and intended to be proposed by him to the cretion of the Secretary of State in accord- Mr. LIEBERMAN) submitted an amend- bill H.R. 5631, making appropriations ance with the guidelines set out, respec- ment intended to be proposed by him for the Department of Defense for the tively, in subsection (b)(2)(A) or (b)(2)(B) of to the bill H.R. 5631, making appropria- fiscal year ending September 30, 2007, section 202 of that Act (22 U.S.C. 6062). tions for the Department of Defense for (f) The Secretary of State shall ensure that the fiscal year ending September 30, and for other purposes; which was or- none of the funds made available in this sec- dered to lie on the table; as follows: tion or any assistance carried out with such 2007, and for other purposes; which was At the end of title VIII, add the following: funds are provided to the Government of ordered to lie on the table; as follows: SEC. 8109. Of the amount appropriated or Cuba. At the end of title VIII, add the following: otherwise made available by title VI under (g) Not later than 180 days after the date of SEC. 8109. Of the amount appropriated or the heading ‘‘DEFENSE HEALTH PROGRAM’’, up the enactment of this Act, and every 180 days otherwise made available by title IV under to $6,000,000 may be available for Vaccine thereafter until all amounts made available the heading ‘‘RESEARCH, DEVELOPMENT, TEST Health Care Centers. to the Cuba Fund for a Democratic Future AND EVALUATION, DEFENSE-WIDE’’, up to are expended, the Secretary of State shall $1,500,000 may be available for the develop- SA 4853. Mr. NELSON of Florida sub- submit to the Committee on Foreign Rela- ment of a field-deployable hydrogen fueling mitted an amendment intended to be tions of the Senate and the Committee on station. proposed by him to the bill H.R. 5631, International Relations of the House of Rep- making appropriations for the Depart- resentatives a report describing the Sec- SA 4857. Mr. KENNEDY (for himself retary’s progress in obligating and expending ment of Defense for the fiscal year end- and Mr. HATCH) submitted an amend- ing September 30, 2007, and for other such funds and that such reports may be sub- mitted in a classified form and the Secretary ment intended to be proposed by him purposes; as follows: of State shall publish any unclassified por- to the bill H.R. 5631, making appropria- On page 238, after line 24, insert the fol- tions of each such report. tions for the Department of Defense for lowing: the fiscal year ending September 30, That the following sums are appropriated, SA 4854. Mr. DODD (for himself and 2007, and for other purposes; which was out of any money in the Treasury not other- Mr. LIEBERMAN) submitted an amend- ordered to lie on the table; as follows: wise appropriated, for the fiscal year ending ment intended to be proposed by him On page 160, line 7, strike ‘‘; or’’ and insert September 30, 2007, for functions adminis- to the bill H.R. 5631, making appropria- a semicolon. tered by the Secretary of State and for other tions for the Department of Defense for On page 160, line 14, strike the period at purposes, namely: the fiscal year ending September 30, the end and insert the following: ‘‘; or TITLE X 2007, and for other purposes; which was (C) offering to such workers a retirement CUBA FUND FOR A DEMOCRATIC FUTURE ordered to lie on the table; as follows: benefit that in any year costs less than the annual retirement cost factor applicable to SEC. 10001.(a) To promote a transition to a At the end of title VIII, add the following: democratic form of government in Cuba, Department of Defense civilian employees SEC. 8109. (a) COST ANALYSIS OF ENGINE $40,000,000. under chapter 84 of title 5, United States PROGRAM FOR JOINT STRIKE FIGHTER.—The Code. (b) The amount provided under this head- Under Secretary of Defense for Acquisition, ing is designated as an emergency require- Technology, and Logistics shall provide for ment pursuant to section 402 of S. Con. Res. the conduct, by a federally funded research SA 4858. Mrs. BOXER (for herself and 83 (109th Congress), the concurrent resolu- and development center (FFRDC) with ap- Mr. GRAHAM) submitted an amendment tion on the budget for fiscal year 2007, as propriate expertise, of a cost analysis of the intended to be proposed by her to the made applicable in the Senate by section 7035 engine program for the Joint Strike Fighter bill H.R. 5631, making appropriations of Public Law 109–234. (JSF). (c) The amounts provided under this head- for the Department of Defense for the (b) ELEMENTS.—The cost analysis con- ing shall be deposited into a fund to be fiscal year ending September 30, 2007, ducted under subsection (a) shall address the known as the Cuba Fund for a Democratic and for other purposes; as follows: following: Future which is hereby established in the (1) A comparison of the costs associated At the end of title VIII, add the following: Treasury of the United States. with the development of F–135 engines with SEC. 8109. No funds appropriated or other- (d) The amounts provided under this head- the costs associated with the development of wise made available by this Act may be used ing shall be available to the Secretary of F–136 engines. by the Government of the United States to State, in consultation with the United (2) An assessment of the savings to be enter into an agreement with the Govern- States Cuba Transition Coordinator, to carry achieved by eliminating or continuing the ment of Iraq that would subject members of out activities to empower the people of Cuba development and production of an alter- the Armed Forces of the United States to the and the democratic opposition in Cuba to native engine for the Joint Strike Fighter jurisdiction of Iraq criminal courts or pun- take advantage of opportunities to promote over the life-cycle of the Joint Strike Fight- ishment under Iraq law. a transition to a democratic form of govern- er. ment in Cuba, including activities— (3) An assessment of the effects on the in- (1) to support an independent civil society SA 4859. Mr. PRYOR submitted an dustrial base of the United States of elimi- in Cuba; amendment intended to be proposed by nating or continuing the development and (2) to expand international awareness of him to the bill H.R. 5631, making ap- production of an alternative engine for the Cuba’s democratic aspirations; Joint Strike Fighter over the life-cycle of propriations for the Department of De- (3) to break the information blockade put the Joint Strike Fighter. fense for the fiscal year ending Sep- in place by the regime of Fidel Castro in (4) Any other matters than the Under Sec- tember 30, 2007, and for other purposes; Cuba, including activities to promote access retary of Defense considers appropriate. which was ordered to lie on the table; to independent information through the (c) TRANSMITTAL TO CONGRESS.—The cost Internet and other sources; as follows: analysis conducted under subsection (a) shall (4) to provide for education and exchanges At the end of title VIII, add the following: be submitted to the congressional defense for the people of Cuba, including university SEC. 8109. Not later than March 31, 2007, the committees not later than March 15, 2007. training from third countries and scholar- Secretary of Defense shall submit to the con- ships for economically disadvantaged stu- Mr. DODD (for himself and gressional defense committees a report set- dents from Cuba identified by independent SA 4855. ting forth the assessment of the Secretary nongovernmental entities and civic organi- Mr. LIEBERMAN) submitted an amend- regarding the implementation of the new zations in United States and third country ment intended to be proposed by him health care benefit to help the children of universities (including historically-black to the bill H.R. 5631, making appropria- members of the Armed Forces who died on and faith-based institutions); and tions for the Department of Defense for active duty, including—

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00138 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2006 CONGRESSIONAL RECORD — SENATE S8863 (1) a statement of the reasons for the delay by him to the bill H.R. 5631, making ap- members of the National Guard and Reserve in implementation of such benefit; propriations for the Department of De- can and may experience on their return from (2) an analysis of the new call centers es- fense for the fiscal year ending Sep- such deployment, including education on— tablished to help survivors of such members tember 30, 2007, and for other purposes; (A) Post Traumatic Stress Disorder obtain the benefits to which they are enti- (PTSD) and traumatic brain injury (TBI); tled; and as follows: and (3) an assessment of whether the various At the end of title VIII, add the following: (B) mechanisms for the referral of such survivor benefit programs under the Depart- SEC. 8109. Of the amount appropriated or members of the National Guard and Reserve ment of Defense are adequately staffed to otherwise made available by title II under for medical and mental health screening and carry out their mission in a timely and effi- the heading ‘‘OPERATION AND MAINTENANCE, care when necessary; and cient manner. NAVY’’, up to $3,000,000 may be available to (3) education to increase awareness of the the Navy to fund improvements to physical physical and mental health conditions that SA 4860. Ms. MIKULSKI submitted security at Navy recruiting stations and to family members of such members of the Na- an amendment intended to be proposed improve data security. tional Guard and Reserve can and may expe- by her to the bill H.R. 5631, making ap- rience on the return of such members from SA 4864. Mr. NELSON of Florida (for propriations for the Department of De- such deployment, including education on— himself, Mr. MARTINEZ, Mr. BINGAMAN, fense for the fiscal year ending Sep- (A) depression, anxiety, and relationship and Mr. DOMENICI) submitted an tember 30, 2007, and for other purposes; problems; and amendment intended to be proposed by (B) mechanisms for medical and mental as follows: him to the bill H.R. 5631, making ap- health screening and care when appropriate. At the end of title VIII, add the following: propriations for the Department of De- SEC. 8019. Of the amount appropriated or otherwise made available by title III under fense for the fiscal year ending Sep- SA 4866. Mr. OBAMA (for himself, the heading ‘‘PROCUREMENT, DEFENSE-WIDE’’, tember 30, 2007, and for other purposes; Mr. DORGAN, and Mr. DURBIN) sub- up to $12,600,000 may be available for the as follows: mitted an amendment intended to be completion of the final phase of the activity On page 218, between lines 6 and 7, insert proposed by him to the bill H.R. 5631, described on pages 337 through 339 of Volume the following: making appropriations for the Depart- II of Book 1 of the Fiscal Year 2007 Congres- SEC. 8109. (a) Except as provided in sub- ment of Defense for the fiscal year end- sional Budget Justification Book of a compo- section (b), the Secretary of the Air Force nent of the intelligence community. shall, not later than March 31, 2007, submit ing September 30, 2007, and for other to the congressional defense committees a purposes; which was ordered to lie on SA 4861. Mr. NELSON of Florida (for cost-benefit analysis of significant proposed the table; as follows: himself, Mr. MARTINEZ, Mr. BINGAMAN, realignments or closures of research and de- On page 218, between lines 6 and 7, insert and Mr. DOMENICI) submitted an velopment or test and evaluation installa- the following: amendment intended to be proposed by tions, activities, facilities, laboratories, units, functions, or capabilities of the Air SEC. 8109. None of the funds appropriated him to the bill H.R. 5631, making ap- or otherwise made available by this Act may propriations for the Department of De- Force. The analysis shall include an evalua- tion of missions served and alternatives con- be used to delay or prevent the construction fense for the fiscal year ending Sep- sidered and of the benefits, costs, risks, and of a windmill turbine project without clear tember 30, 2007, and for other purposes; other considerations associated with each and convincing evidence that the completed which was ordered to lie on the table; such proposed realignment or closure. project would interfere with military readi- as follows: (b) The prohibition under subsection (a) ness, as determined by the report submitted under section 358 of the National Defense Au- On page 218, between lines 6 and 7, insert does not apply to realignment and closure thorization Act for Fiscal Year 2006 (Public the following: activities carried out in accordance with the Law 109–163; 119 Stat. 3208). SEC. 8109. (a) Except as provided in sub- final recommendations of the Defense Base section (b), none of the funds appropriated or Closure and Realignment Commission under otherwise made available by this Act may be the 2005 round of defense base closure and re- SA 4867. Mr. BYRD (for himself and used to realign or close any developmental alignment. Mr. DEWINE) submitted an amendment or operational test and evaluation installa- intended to be proposed by him to the SA 4865. Mrs. CLINTON submitted an tion, activity, facility, laboratory, unit, bill H.R. 5631, making appropriations function, or capability of the Air Force Ma- amendment intended to be proposed by terial Command. her to the bill H.R. 5631, making appro- for the Department of Defense for the (b) The prohibition under subsection (a) priations for the Department of De- fiscal year ending September 30, 2007, does not apply to realignment and closure fense for the fiscal year ending Sep- and for other purposes; which was or- activities carried out in accordance with the dered to lie on the table; as follows: final recommendations of the Defense Base tember 30, 2007, and for other purposes; Closure and Realignment Commission under which was ordered to lie on the table; At the end of title VIII, add the following: the 2005 round of defense base closure and re- as follows: SEC. 8109. Of the amount appropriated or alignment. At the end of title VIII, add the following: otherwise made available by title II under SEC. 8109. (a) AVAILABILITY OF OPERATION the heading ‘‘OPERATION AND MAINTENANCE, SA 4862. Mr. SHELBY submitted an AND MAINTENANCE, ARMY, FUNDS FOR CER- ARMY NATIONAL GUARD’’, up to $7,500,000 may amendment intended to be proposed by TAIN GRANTS.—Of the amount appropriated be available to renovate and repair existing him to the bill H.R. 5631, making ap- or otherwise made available by title II under barracks at Camp Perry, Port Clinton, Ohio. propriations for the Department of De- the heading ‘‘OPERATION AND MAINTENANCE, fense for the fiscal year ending Sep- ARMY’’, up to $4,000,000 may be available for SA 4868. Mrs. CLINTON (for herself grants described in subsection (c). CHUMER tember 30, 2007, and for other purposes; (b) AVAILABILITY OF OPERATION AND MAIN- and Mr. S ) submitted an which was ordered to lie on the table; TENANCE, MARINE CORPS, FUNDS FOR CERTAIN amendment intended to be proposed by as follows: GRANTS.—Of the amount appropriated or her to the bill H.R. 5631, making appro- At the end of title VIII, add the following: otherwise made available by title II under priations for the Department of De- SEC. 8109. (a) ADDITIONAL AMOUNT WITHIN the heading ‘‘OPERATION AND MAINTENANCE, fense for the fiscal year ending Sep- RESEARCH, DEVELOPMENT, TEST AND EVALUA- MARINE CORPS’’, up to $1,000,000 may be tember 30, 2007, and for other purposes; TION, AIR FORCE, FOR KC–135 TANKER RE- available for grants described in subsection which was ordered to lie on the table; PLACEMENT FUND.—The amount available in (c). as follows: title IV under the heading ‘‘RESEARCH, DE- (c) COVERED GRANTS.—Grants described in VELOPMENT, TEST AND EVALUATION, AIR this subsection are grants to eligible entities On page ll, between lines ll and ll, FORCE’’ for the KC–135 Tanker Replacement to carry out demonstration projects to as- insert the following: Fund is hereby increased by $100,000,000. sess the feasibility and advisability of uti- SEC. ll. Of the amount appropriated by (b) REDUCTION OF AMOUNT WITHIN RE- lizing community-based settings for the pro- title IX under the heading ‘‘OPERATION AND SEARCH, DEVELOPMENT, TEST AND EVALUA- vision of assistance to members of the Na- MAINTENANCE DEFENSE-WIDE’’, up to TION, AIR FORCE, FOR TRANSFORMATIONAL tional Guard and Reserve who serve in Oper- $5,000,000 may be used for community-based SATCOM.—The amount available in title IV ation Iraqi Freedom and Operation Enduring programs that provide mental health and re- under the heading ‘‘RESEARCH, DEVELOP- Freedom and their families on their return adjustment assistance to members of the Na- MENT, TEST AND EVALUATION, AIR FORCE’’ for from deployment, including— tional Guard and Reserve and their families the Transformational SATCOM (TSAT) pro- (1) services to improve the reuniting of on their return from deployment. gram is hereby reduced by $100,000,000. such members of the National Guard and Re- serve and their families; SA 4863. Mr. MENENDEZ submitted (2) education to increase awareness of the SA 4869. Ms. CANTWELL submitted an amendment intended to be proposed physical and mental health conditions that an amendment intended to be proposed

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00139 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8864 CONGRESSIONAL RECORD — SENATE August 3, 2006 by her to the bill H.R. 5631, making ap- determined by the Secretary of Defense in (1) ELIGIBLE LOCAL EDUCATIONAL AGENCY.— propriations for the Department of De- consultation with the Secretary of Edu- The term ‘‘eligible local educational agency’’ fense for the fiscal year ending Sep- cation) an overall increase of— means, for a fiscal year, a local educational tember 30, 2007, and for other purposes; (1) not less than 5 percent in the average agency— daily attendance of military dependent stu- (A) for which not less than 20 percent (as which was ordered to lie on the table; dents enrolled in the schools served by the rounded to the nearest whole percent) of the as follows: eligible local educational agencies; or students in average daily attendance in the At the end of title VIII, insert the fol- (2) not less than 250 military dependent schools served by the local educational agen- lowing: students enrolled in the schools served by cy during the preceding school year were SEC. 8109. (a) REPORTS ON WITHDRAWAL OR the eligible local educational agencies. military dependent students that were DIVERSION OF EQUIPMENT FROM RESERVE (b) NOTIFICATION.—Not later than June 30 counted under section 8003(a)(1) of the Ele- UNITS FOR SUPPORT OF RESERVE UNITS BEING of each of fiscal years 2007 and 2008, the Sec- mentary and Secondary Education Act of MOBILIZED AND OTHER UNITS.—Chapter 1007 retary of Defense shall notify each eligible 1965 (20 U.S.C. 7703(a)(1)); and of title 10, United States Code, is amended by local educational agency for such fiscal (B) for which the required overall increase inserting after section 10208 the following year— in the number of military dependent stu- new section: (1) that the local educational agency is eli- dents enrolled in schools served by the local ‘‘§ 10208a. Mobilization: reports on with- gible for assistance under this section; and educational agency, as described in sub- drawal or diversion of equipment from Re- (2) of the amount of the assistance for section (a), occurred as a result of the global serve units for support of Reserve units which the eligible local educational agency rebasing plan of the Department of Defense. being mobilized and other units qualifies, as determined under subsection (c). (2) LOCAL EDUCATIONAL AGENCY.—The term (c) AMOUNT OF ASSISTANCE.— ‘‘(a) REPORT REQUIRED ON WITHDRAWAL OR ‘‘local educational agency’’ has the meaning (1) IN GENERAL.—The Secretary of Defense DIVERSION OF EQUIPMENT.—Not later than 90 given the term in section 8013 of the Elemen- shall, in consultation with the Secretary of days after withdrawing or diverting equip- tary and Secondary Education Act of 1965 (20 Education, make assistance available to eli- ment from a unit of the Reserve to a unit of U.S.C. 7713). gible local educational agencies for a fiscal the Reserve being ordered to active duty (3) MILITARY DEPENDENT STUDENT.—The year on a pro rata basis, as described in para- under section 12301, 12302, or 12304 of this term ‘‘military dependent student’’ means— graph (2). title, or to a unit or units of a regular com- (A) an elementary school or secondary (2) PRO RATA DISTRIBUTION.— ponent of the armed forces, for purposes of school student who is a dependent of a mem- (A) IN GENERAL.—The amount of the assist- the discharge of the mission of such unit or ber of the Armed Forces; or ance provided under this section to an eligi- units, the Secretary concerned shall submit (B) an elementary school or secondary ble local educational agency for a fiscal year to the Secretary of Defense a status report school student who is a dependent of a civil- shall be equal to the product obtained by on the withdrawal or diversion of such equip- ian employee of the Department of Defense. multiplying— ment. (i) the per-student rate determined under ‘‘(b) ELEMENTS.—Each status report under SA 4871. Mr. KERRY submitted an subsection (a) on equipment withdrawn or di- subparagraph (B) for such fiscal year; by amendment intended to be proposed by verted shall include the following: (ii) the overall increase in the number of him to the bill H.R. 5631, making ap- military dependent students in the schools ‘‘(1) A plan to recapitalize or replace such propriations for the Department of De- equipment within the unit from which with- served by the eligible local educational agen- cy, as determined under subsection (a). fense for the fiscal year ending Sep- drawn or diverted. tember 30, 2007, and for other purposes; ‘‘(2) If such equipment is to remain in a (B) PER-STUDENT RATE.—For purposes of theater of operations while the unit from subparagraph (A), the per-student rate for a which was ordered to lie on the table; which withdrawn or diverted returns to the fiscal year shall be equal to the dollar as follows: United States, a plan to provide such unit amount obtained by dividing— On page 218, between lines 6 and 7, insert with recapitalized or replacement equipment (i) the amount of funds available for such the following: fiscal year to provide assistance under this appropriate to ensure the continuation of SEC. 8109. There are authorized to be appro- section; by the readiness training of such unit. priated $1,551,865 exclusively for benefits to a (ii) the sum of the overall increases, as de- ‘‘(3) A signed memorandum of under- multiemployer pension plan in the New Eng- termined under subparagraph (A)(ii), in the standing between the active or reserve com- land Fishery for fish lumpers if such plan is number of military dependent students for ponent to which withdrawn or diverted and undercapitalized due to fishery capacity re- all eligible local educational agencies for the reserve component from which with- duction and fish restrictions. drawn or diverted that specifies— that fiscal year. (d) DISBURSEMENT OF FUNDS.—The Sec- ‘‘(A) how such equipment will be tracked; retary of Defense shall disburse assistance SA 4872. Mr. KERRY submitted an and made available under this section for a fiscal amendment intended to be proposed by ‘‘(B) when such equipment will be returned year, not later than 30 days after the date on him to the bill H.R. 5631, making ap- to the component from which withdrawn or which the Secretary of Defense notified the diverted.’’. propriations for the Department of De- eligible local educational agencies under (b) CLERICAL AMENDMENT.—The table of fense for the fiscal year ending Sep- subsection (b) for the fiscal year. sections at the beginning of chapter 1007 of tember 30, 2007, and for other purposes; (e) CONSULTATION.—The Secretary of De- such title is amended by inserting after the which was ordered to lie on the table; fense shall carry out this section in con- item relating to section 10208 the following sultation with the Secretary of Education. as follows: new item: (f) REPORTS.— On page 218, between lines 6 and 7, insert ‘‘10208a. Mobilization: reports on withdrawal (1) REPORTS REQUIRED.—Not later than May the following: or diversion of equipment from 1 of each of 2007, 2008, and 2009, the Secretary SEC. 8109. (a) The amount appropriated or Reserve units for support of Re- of Defense shall submit to the Committee on otherwise made available by this Act is here- serve units being mobilized and Armed Services of the Senate and the Com- by increased by $1,551,865. other units.’’. mittee on Armed Services of the House of (b) Of the amount appropriated or other- Representatives a report on the assistance wise made available by this Act, as increased SA 4870. Mr. ROBERTS submitted an provided under this section during the fiscal by subsection (a), $1,551,865 shall be used ex- amendment intended to be proposed by year preceding the date of such report. clusively for benefits to a multiemployer him to the bill H.R. 5631, making ap- (2) ELEMENT OF REPORT.—Each report de- pension plan in the New England Fishery for propriations for the Department of De- scribed in paragraph (1) shall include an as- fish lumpers if such plan is undercapitalized fense for the fiscal year ending Sep- sessment and description of the current com- due to fishery capacity reduction and fish re- tember 30, 2007, and for other purposes; pliance of each eligible local educational strictions. which was ordered to lie on the table; agency with the requirements of part A of (c) The amount made available under sub- title I of the Elementary and Secondary Edu- section (a) is designated as an emergency re- as follows: cation Act of 1965 (20 U.S.C. 6301 et seq.). quirement pursuant to section 402 of S. Con. At the end of title VIII, add the following: (g) FUNDING.—Of the amount appropriated Res. 83 (109th Congress), the concurrent reso- SEC. 8109. (a) AVAILABILITY OF ASSISTANCE or otherwise made available by title II under lution on the budget for fiscal year 2007, as FOR LOCAL EDUCATIONAL AGENCIES.—To as- the heading ‘‘OPERATION AND MAINTENANCE, made applicable in the Senate by section 7035 sist communities making adjustments re- DEFENSE-WIDE’’ up to $15,000,000 may be of Public Law 109–234. sulting from changes in the size of the available for the purpose of providing assist- Armed Forces, the Secretary of Defense shall ance to eligible local educational agencies SA 4873. Ms. CANTWELL submitted make payments to eligible local educational under this section. an amendment intended to be proposed agencies that, during the period between the (h) TERMINATION.—The authority of the end of the school year preceding the fiscal Secretary of Defense to provide financial as- by her to the bill H.R. 5631, making ap- year for which the payments are authorized sistance under this section shall expire on propriations for the Department of De- and the beginning of the school year imme- September 30, 2008. fense for the fiscal year ending Sep- diately preceding that school year, had (as (i) DEFINITIONS.—In this section: tember 30, 2007, and for other purposes;

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00140 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2006 CONGRESSIONAL RECORD — SENATE S8865 which was ordered to lie on the table; for the Department of Defense for the ‘‘(F) an Indian tribe or other agency pri- as follows: fiscal year ending September 30, 2007, marily serving Indians; At the end of title VIII, add the following: and for other purposes; which was or- ‘‘(G) a community development corpora- SEC. 8109. No funds appropriated or other- dered to lie on the table; as follows: tion; ‘‘(H) a State or local youth service or con- wise made available for the Department of At the end of title VIII, add the following: servation corps; and Defense by this Act may be obligated or ex- SEC. 8109. Of the amount appropriated or pended for the Threat and Local Observation otherwise made available by title III under ‘‘(I) any other entity eligible to provide education or employment training under a Notice (TALON) Program or any similar pro- the heading ‘‘PROCUREMENT, DEFENSE-WIDE’’, gram of the Department of Defense for the up to $2,000,000 may be available for the For- Federal program (other than the program collection, storage, or analysis of informa- ward Osmosis Individual Water Purification carried out under this section). tion on United States citizens who pose no System. ‘‘(4) HOMELESS INDIVIDUAL.—The term threat to the military or its facilities, in- ‘homeless individual’ has the meaning given cluding United States citizens taking part in SA 4878. Mr. SANTORUM proposed the term in section 103 of the McKinney- non-violent activities protected by the First an amendment to the bill S. 843, to Vento Homeless Assistance Act (42 U.S.C. Amendment to the Constitution of the amend the Public Health Service Act 11302). United States related to protests against ‘‘(5) HOUSING DEVELOPMENT AGENCY.—The United States Government policy on Iraq. to combat autism through research, screening, intervention and education; term ‘housing development agency’ means any agency of a State or local government, SA 4874. Mr. COLEMAN submitted an as follows: or any private nonprofit organization, that amendment intended to be proposed by ‘‘(A) $68,000,000 for fiscal year 2007, is engaged in providing housing for homeless him to the bill H.R. 5631, making ap- $74,500,000 for fiscal year 2008, $81,000,000 for individuals or low-income families. propriations for the Department of De- fiscal year 2009, $87,500,000 for fiscal year ‘‘(6) INCOME.—The term ‘income’ has the fense for the fiscal year ending Sep- 2010, and $94,000,000 for fiscal year 2011, to meaning given the term in section 3(b) of the carry out subsections (a), (b), and (d); United States Housing Act of 1937 (42 U.S.C. tember 30, 2007, and for other purposes; ‘‘(B) $24,000,000 for fiscal year 2007, 1437a(b)). which was ordered to lie on the table; $30,500,000 for fiscal year 2008, $37,000,000 for as follows: fiscal year 2009, $43,500,000 for fiscal year ‘‘(7) INDIAN; INDIAN TRIBE.—The terms ‘In- At the end of title VIII, add the following: 2010, and $50,000,000 for fiscal year 2011, to dian’ and ‘Indian tribe’ have the meanings SEC. 8109. Of the amount appropriated or carry out subsection (c)(1); and given such terms in section 4 of the Indian otherwise made available by title IV under Self-Determination and Education Assist- the heading ‘‘RESEARCH, DEVELOPMENT, TEST SA 4879. Mr. FRIST (for Mr. ENZI) ance Act (25 U.S.C. 450b). AND EVALUATION, ARMY’’, up to $3,000,000 may proposed an amendment to the bill S. ‘‘(8) INDIVIDUAL OF LIMITED ENGLISH PRO- be available for the development of light- 3534, to amend the Workforce Invest- FICIENCY.—The term ‘individual of limited weight munitions through the Aluminum ment Act of 1998 to provide for a English proficiency’ means an eligible par- Matrix Composite Technology Partnership. ticipant under this section who meets the YouthBuild program; as follows: criteria set forth in section 203(10) of the SA 4875. Ms. STABENOW (for herself, Strike all after the enacting clause and in- Adult Education and Family Literacy Act Mr. REID, Mr. REED, Mr. LEAHY, Mr. sert the following: (20 U.S.C. 9202(10)). LEVIN, Mr. DURBIN, and Mr. KENNEDY) SECTION 1. SHORT TITLE. ‘‘(9) LOW-INCOME FAMILY.—The term ‘low- proposed an amendment to the bill This Act may be cited as the ‘‘YouthBuild income family’ means a family described in Transfer Act’’. H.R. 5631, making appropriations for section 3(b)(2) of the United States Housing the Department of Defense for the fis- SEC. 2. YOUTHBUILD PROGRAM. Act of 1937 (42 U.S.C. 1437a(b)(2)). (a) ESTABLISHMENT OF YOUTHBUILD PRO- cal year ending September 30, 2007, and ‘‘(10) QUALIFIED NATIONAL NONPROFIT AGEN- GRAM IN THE DEPARTMENT OF LABOR.—Sub- CY.—The term ‘qualified national nonprofit for other purposes; as follows: title D of title I of the Workforce Investment agency’ means a nonprofit agency that— On page 238, after line 24, add the fol- Act of 1998 is amended by inserting before ‘‘(A) has significant national experience lowing: section 174 (29 U.S.C. 2919) the following new providing services consisting of training, in- SEC. 9012. (a) The amount appropriated or section: formation, technical assistance, and data otherwise made available by this title is ‘‘SEC. 173A. YOUTHBUILD PROGRAM. management to YouthBuild programs or hereby increased by $200,000,000. ‘‘(a) STATEMENT OF PURPOSE.—The pur- similar projects; and (b) Of the amount appropriated or other- poses of this section are— wise made available by this title, as in- ‘‘(B) has the capacity to provide those ‘‘(1) to enable disadvantaged youth to ob- services. creased by subsection (a), $200,000,000 may be tain the education and employment skills ‘‘(11) REGISTERED APPRENTICESHIP PRO- made available for humanitarian assistance, necessary to achieve economic self-suffi- GRAM.—The term ‘registered apprenticeship including food, water, cooking fuel, shelter, ciency in occupations in demand and post- program’ means an apprenticeship program— medicine, and other assistance, for the inno- secondary education and training opportuni- ‘‘(A) registered under the Act of August 16, cent Lebanese and Israeli civilians who have ties; 1937 (commonly known as the ‘National Ap- been affected by the hostilities between ‘‘(2) to provide disadvantaged youth with prenticeship Act’; 50 Stat. 664, chapter 663; 20 Hezbollah and the Government of Israel. opportunities for meaningful work and serv- (c) The amount made available under sub- ice to their communities; U.S.C. 50 et seq.); and section (a) is designated as an emergency re- ‘‘(3) to foster the development of employ- ‘‘(B) that meets such other criteria as may quirement pursuant to section 402 of S. Con. ment and leadership skills and commitment be established by the Secretary under this Res. 83 (109th Congress), the concurrent reso- to community development among youth in section. lution on the budget for fiscal year 2007, as low-income communities; and ‘‘(12) TRANSITIONAL HOUSING.—The term made applicable in the Senate by section 7035 ‘‘(4) to expand the supply of permanent af- ‘transitional housing’ means housing pro- of Public Law 109–234. fordable housing for homeless individuals vided for the purpose of facilitating the and low-income families by utilizing the en- movement of homeless individuals to inde- SA 4876. Mr. CHAMBLISS submitted ergies and talents of disadvantaged youth. pendent living within a reasonable amount an amendment intended to be proposed ‘‘(b) DEFINITIONS.—In this section: of time. The term includes housing primarily by him to the bill H.R. 5631, making ap- ‘‘(1) ADJUSTED INCOME.—The term ‘adjusted designed to serve deinstitutionalized home- propriations for the Department of De- income’ has the meaning given the term in less individuals and other homeless individ- fense for the fiscal year ending Sep- section 3(b) of the United States Housing Act uals who are individuals with disabilities or tember 30, 2007, and for other purposes; of 1937 (42 U.S.C. 1437a(b)). members of families with children. which was ordered to lie on the table; ‘‘(2) APPLICANT.—The term ‘applicant’ ‘‘(13) YOUTHBUILD PROGRAM.—The term as follows: means an eligible entity that has submitted ‘YouthBuild program’ means any program an application under subsection (c). that receives assistance under this section At the end of title VIII, add the following: ‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible and provides disadvantaged youth with op- SEC. 8109. Of the amount appropriated or entity’ means a public or private nonprofit otherwise made available by title II under portunities for employment, education, lead- agency or organization (including a consor- ership development, and training through the heading ‘‘OPERATION AND MAINTENANCE, tium of such agencies or organizations), in- ARMY RESERVE’’, up to $500,000 may be avail- the rehabilitation or construction of housing cluding— for homeless individuals and low-income able for Advanced Information Technology ‘‘(A) a community-based organization; families, and of public facilities. Battlefield Unit Training. ‘‘(B) a faith-based organization; ‘‘(C) an entity carrying out activities ‘‘(c) YOUTHBUILD GRANTS.— SA 4877. Mr. SMITH (for himself and under this title, such as a local board; ‘‘(1) AMOUNTS OF GRANTS.—The Secretary is Mr. WYDEN) submitted an amendment ‘‘(D) a community action agency; authorized to make grants to applicants for intended to be proposed by him to the ‘‘(E) a State or local housing development the purpose of carrying out YouthBuild pro- bill H.R. 5631, making appropriations agency; grams approved under this section.

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‘‘(2) ELIGIBLE ACTIVITIES.—An entity that taining such information as the Secretary cant to grant industry-recognized skill cer- receives a grant under this subsection shall may require. tification through the program; use the funds made available through the ‘‘(B) MINIMUM REQUIREMENTS.—The Sec- ‘‘(xiv) a description of activities that will grant to carry out a YouthBuild program, retary shall require that the application con- be undertaken to develop the leadership which may include the following activities: tain, at a minimum— skills of participants; ‘‘(A) Education and workforce investment ‘‘(i) labor market information for the labor ‘‘(xv) a detailed budget and a description of activities including— market area where the proposed program the system of fiscal controls, and auditing ‘‘(i) work experience and skills training will be implemented, including both current and accountability procedures, that will be (coordinated, to the maximum extent fea- data (as of the date of submission of the ap- used to ensure fiscal soundness for the pro- sible, with preapprenticeship and registered plication) and projections on career opportu- posed program; apprenticeship programs) in the rehabilita- nities in growing industries; ‘‘(xvi) a description of the commitments tion and construction activities described in ‘‘(ii) a request for the grant, specifying the for any additional resources (in addition to subparagraphs (B) and (C); amount of the grant requested and its pro- the funds made available through the grant) ‘‘(ii) occupational skills training; posed uses; to be made available to the proposed pro- ‘‘(iii) other paid and unpaid work experi- ‘‘(iii) a description of the applicant and a gram from— ences, including internships and job shad- statement of its qualifications, including a owing; ‘‘(I) the applicant; description of the applicant’s relationship ‘‘(II) recipients of other Federal, State or ‘‘(iv) services and activities designed to with local boards, one-stop operators, local meet the educational needs of participants, local housing and community development unions, entities carrying out registered ap- including— assistance who will sponsor any part of the prenticeship programs, other community ‘‘(I) basic skills instruction and remedial rehabilitation, construction, operation and groups, and employers, and the applicant’s education; maintenance, or other housing and commu- past experience, if any, with rehabilitation ‘‘(II) language instruction educational pro- nity development activities undertaken as or construction of housing or public facili- grams for individuals with limited English part of the proposed program; or proficiency; ties, and with youth education and employ- ‘‘(III) entities carrying out other Federal, ‘‘(III) secondary education services and ac- ment training programs; State, or local activities or activities con- tivities, including tutoring, study skills ‘‘(iv) a description of the proposed site for ducted by Indian tribes, including vocational training, and dropout prevention activities, the proposed program; education programs, adult and language in- designed to lead to the attainment of a sec- ‘‘(v) a description of the educational and struction educational programs, and job ondary school diploma, General Education job training activities, work opportunities, training provided with funds available under Development (GED) credential, or other postsecondary education and training oppor- this title; State-recognized equivalent (including rec- tunities, and other services that will be pro- ‘‘(xvii) information identifying, and a de- ognized alternative standards for individuals vided to participants, and how those activi- scription of, the financing proposed for any— with disabilities); ties, opportunities, and services will prepare ‘‘(I) rehabilitation of the property in- ‘‘(IV) counseling and assistance in obtain- youth for employment in occupations in de- volved; ing postsecondary education and required fi- mand in the labor market area described in ‘‘(II) acquisition of the property; or nancial aid; and clause (i); ‘‘(III) construction of the property; ‘‘(V) alternative secondary school services; ‘‘(vi) a description of the proposed rehabili- ‘‘(xviii) information identifying, and a de- ‘‘(v) counseling services and related activi- tation or construction activities to be under- scription of, the entity that will operate and ties, such as comprehensive guidance and taken under the grant and the anticipated manage the property; counseling on drug and alcohol abuse and re- schedule for carrying out such activities; ‘‘(xix) information identifying, and a de- ferral; ‘‘(vii) a description of the manner in which scription of, the data collection systems to eligible youth will be recruited and selected ‘‘(vi) activities designed to develop em- be used; ployment and leadership skills, which may as participants, including a description of ar- ‘‘(xx) a certification, by a public official re- include community service and peer-cen- rangements that will be made with local sponsible for the housing strategy for the tered activities encouraging responsibility boards, one-stop operators, community- and State or unit of general local government and other positive social behaviors, and ac- faith-based organizations, State educational within which the proposed program is lo- tivities related to youth policy committees agencies or local educational agencies (in- cated, that the proposed program is con- that participate in decision-making related cluding agencies of Indian tribes), public as- sistent with the housing strategy; and to the program; sistance agencies, the courts of jurisdiction, ‘‘(xxi) a certification that the applicant ‘‘(vii) supportive services and provision of agencies operating shelters for homeless in- will comply with the requirements of the need-based stipends necessary to enable indi- dividuals and other agencies that serve Fair Housing Act (42 U.S.C. 3601 et seq.) and viduals to participate in the program and youth who are homeless individuals, foster will affirmatively further fair housing. supportive services to assist individuals, for care agencies, and other appropriate public a period not to exceed 12 months after the and private agencies; ‘‘(4) SELECTION CRITERIA.—For an applicant completion of training, in obtaining or re- ‘‘(viii) a description of the special outreach to be eligible to receive a grant under this taining employment, or applying for and efforts that will be undertaken to recruit eli- subsection, the applicant and the applicant’s transitioning to postsecondary education; gible young women (including young women proposed program shall meet such selection and with dependent children) as participants; criteria as the Secretary shall establish ‘‘(viii) job search and assistance. ‘‘(ix) a description of the specific role of under this section, which shall include cri- ‘‘(B) Supervision and training for partici- employers in the proposed program, such as teria relating to— pants in the rehabilitation or construction of their role in developing the proposed pro- ‘‘(A) the qualifications or potential capa- housing, including residential housing for gram and assisting in service provision and bilities of an applicant; homeless individuals or low-income families, in placement activities; ‘‘(B) an applicant’s potential for devel- or transitional housing for homeless individ- ‘‘(x) a description of how the proposed pro- oping a successful YouthBuild program; uals. gram will be coordinated with other Federal, ‘‘(C) the need for an applicant’s proposed ‘‘(C) Supervision and training for partici- State, and local activities and activities con- program, as determined by the degree of eco- pants in the rehabilitation or construction of ducted by Indian tribes, such as local work- nomic distress of the community from which community and other public facilities, ex- force investment activities, vocational edu- participants would be recruited (measured by cept that not more than 10 percent of funds cation programs, adult and language instruc- indicators such as poverty, youth unemploy- appropriated to carry out this section may tion educational programs, activities con- ment, and the number of individuals who be used for such supervision and training. ducted by public schools, activities, con- have dropped out of secondary school) and of ‘‘(D) Payment of administrative costs of ducted by community colleges, national the community in which the housing and the applicant, except that not more than 15 service programs, and other job training pro- public facilities proposed to be rehabilitated percent of the amount of assistance provided vided with funds available under this title; or constructed is located (measured by indi- under this subsection to the grant recipient ‘‘(xi) assurances that there will be a suffi- cators such as incidence of homelessness, may be used for such costs. cient number of adequately trained super- shortage of affordable housing, and poverty); ‘‘(E) Adult mentoring. visory personnel in the proposed program; ‘‘(D) the commitment of an applicant to ‘‘(F) Provision of wages, stipends, or bene- ‘‘(xii) a description of results to be providing skills training, leadership develop- fits to participants in the program. achieved with respect to common indicators ment, and education to participants; ‘‘(G) Ongoing training and technical assist- of performance for youth and lifelong learn- ‘‘(E) the focus of a proposed program on ance that are related to developing and car- ing, as identified by the Secretary; preparing youth for occupations in demand rying out the program. ‘‘(xiii) a description of the applicant’s rela- or postsecondary education and training op- ‘‘(H) Follow-up services. tionship with local building trade unions re- portunities; ‘‘(3) APPLICATION.— garding their involvement in training to be ‘‘(F) the extent of an applicant’s coordina- ‘‘(A) FORM AND PROCEDURE.—To be quali- provided through the proposed program, the tion of activities to be carried out through fied to receive a grant under this subsection, relationship of the proposed program to es- the proposed program with local boards, one- an eligible entity shall submit an applica- tablished registered apprenticeship programs stop operators, and one-stop partners par- tion at such time, in such manner, and con- and employers, and the ability of the appli- ticipating in the operation of the one-stop

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00142 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2006 CONGRESSIONAL RECORD — SENATE S8867 delivery system involved, or the extent of ‘‘(ii) have been referred by a local sec- contracts, or other arrangements with local the applicant’s good faith efforts in achiev- ondary school for participation in a educational agencies, postsecondary edu- ing such coordination; YouthBuild program leading to the attain- cational institutions, State or local housing ‘‘(G) the extent of the applicant’s coordina- ment of a secondary school diploma. development agencies, other public agencies, tion of activities with public education, ‘‘(2) PARTICIPATION LIMITATION.—An eligi- including agencies of Indian tribes, or pri- criminal justice, housing and community de- ble individual selected for participation in a vate organizations. velopment, national service, or postsec- YouthBuild program shall be offered full- ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— ondary education or other systems that re- time participation in the program for a pe- ‘‘(1) IN GENERAL.—There are authorized to late to the goals of the proposed program; riod of not less than 6 months and not more be appropriated for each of fiscal years 2007 ‘‘(H) the extent of an applicant’s coordina- than 24 months. through 2012 such sums as may be necessary tion of activities with employers in the local ‘‘(3) MINIMUM TIME DEVOTED TO EDU- to carry out this section. area involved; CATIONAL SERVICES AND ACTIVITIES.—A ‘‘(2) FISCAL YEAR.—Notwithstanding sec- ‘‘(I) the extent to which a proposed pro- YouthBuild program receiving assistance tion 189(g), appropriations for any fiscal year gram provides for inclusion of tenants who under subsection (c) shall be structured so for programs and activities carried out under were previously homeless individuals in the that participants in the program are of- this section shall be available for obligation rental housing provided through the pro- fered— only on the basis of a fiscal year.’’. gram; ‘‘(A) education and related services and ac- (b) CLERICAL AMENDMENT.—Section 1(b) of ‘‘(J) the commitment of additional re- tivities designed to meet educational needs, the Workforce Investment Act of 1998 (relat- sources (in addition to the funds made avail- such as those specified in clauses (iv) ing to the table of contents) is amended by able through the grant) to a proposed pro- through (vii) of subsection (c)(2)(A), during inserting before the item relating to section gram by— at least 50 percent of the time during which 174 the following: ‘‘(i) an applicant; the participants participate in the program; ‘‘Sec. 173A. YouthBuild program’’. ‘‘(ii) recipients of other Federal, State, or and local housing and community development ‘‘(B) work and skill development activities (c) EXCEPTION TO PROGRAM YEAR APPRO- assistance who will sponsor any part of the such as those specified in clauses (i), (ii), PRIATION CYCLE REQUIREMENT.—Section rehabilitation, construction, operation and (iii), and (viii) of subsection (c)(2)(A), during 189(g)(1)(A) of the Workforce Investment Act maintenance, or other housing and commu- at least 40 percent of the time during which of 1998 (29 U.S.C. 2939(g)(1)(A)) is amended by nity development activities undertaken as the participants participate in the program. inserting ‘‘and section 173A’’ after ‘‘Except part of the proposed program; or ‘‘(4) AUTHORITY RESTRICTION.—No provision as provided in subparagraph (B)’’. ‘‘(iii) entities carrying out other Federal, of this section may be construed to authorize (d) CONFORMING AMENDMENTS.— State, or local activities or activities con- any agency, officer, or employee of the (1) Section 3 of the Housing and Urban De- ducted by Indian tribes, including vocational United States to exercise any direction, su- velopment Act of 1968 (12 U.S.C. 1701u) is education programs, adult and language in- pervision, or control over the curriculum, amended in paragraphs (1)(B)(iii) and (2)(B) struction educational programs, and job program of instruction, administration, or of subsection (c), and paragraphs (1)(B)(iii) training provided with funds available under personnel of any educational institution (in- and (2)(B) of subsection (d), by striking this title; cluding a school) or school system, or over ‘‘Youthbuild’’ and all that follows and in- ‘‘(K) the applicant’s potential to serve dif- the selection of library resources, textbooks, serting ‘‘YouthBuild programs receiving as- ferent regions, including rural areas and or other printed or published instructional sistance under section 173A of the Workforce States that have not previously received materials by any educational institution or Investment Act of 1998.’’. grants for YouthBuild programs; and school system. (2) Section 507(b) of the Native American ‘‘(L) such other factors as the Secretary ‘‘(5) STATE AND LOCAL STANDARDS.—All edu- Housing Assistance and Self-Determination determines to be appropriate for purposes of cational programs and activities supported Act of 1996 (25 U.S.C. 4183(b)) is amended by carrying out the proposed program in an ef- with funds provided under subsection (c) striking ‘‘subtitle D of title IV of the Cran- fective and efficient manner. shall be consistent with applicable State and ston-Gonzalez National Affordable Housing ‘‘(5) APPROVAL.—To the extent practicable, local educational standards. Standards and Act,’’. the Secretary shall notify each applicant, procedures for the programs and activities (3) Section 402 of the Cranston-Gonzalez not later than 5 months after the date of re- that relate to awarding academic credit for National Affordable Housing Act (42 U.S.C. ceipt of the application by the Secretary, and certifying educational attainment in 12870) is amended by striking the second sen- whether the application is approved or not such programs and activities shall be con- tence of subsections (a) and (b). approved. sistent with applicable State and local edu- (e) REPEAL OF PROVISIONS.—Subtitle D of cational standards. ‘‘(d) USE OF HOUSING UNITS.—Residential title IV of the Cranston-Gonzalez National ‘‘(f) MANAGEMENT AND TECHNICAL ASSIST- housing units rehabilitated or constructed Affordable Housing Act (42 U.S.C. 12899 et ANCE.— using funds made available under subsection seq.) is repealed. ‘‘(1) SECRETARY ASSISTANCE.—The Sec- (c) shall be available solely— (f) EFFECTIVE DATE.—This section and the retary may enter into contracts with 1 or ‘‘(1) for rental by, or sale to, homeless indi- amendments made by this section take ef- more entities to provide assistance to the viduals or low-income families; or fect on the earlier of— Secretary in the management, supervision, ‘‘(2) for use as transitional or permanent (1) the date of enactment of this Act; and and coordination of the program carried out housing, for the purpose of assisting in the (2) September 30, 2006. under this section. movement of homeless individuals to inde- SEC. 3. TRANSFER OF FUNCTIONS AND SAVINGS ‘‘(2) TECHNICAL ASSISTANCE.— pendent living. PROVISIONS. ‘‘(A) CONTRACTS AND GRANTS.—The Sec- ‘‘(e) ADDITIONAL PROGRAM REQUIRE- retary shall enter into contracts with or (a) DEFINITIONS.—For purposes of this sec- MENTS.— make grants to 1 or more qualified national tion, unless otherwise provided or indicated ‘‘(1) ELIGIBLE PARTICIPANTS.— nonprofit agencies, in order to provide train- by the context— ‘‘(A) IN GENERAL.—Except as provided in ing, information, technical assistance, and (1) the term ‘‘Federal agency’’ has the subparagraph (B), an individual may partici- data management to recipients of grants meaning given to the term ‘‘agency’’ by sec- pate in a YouthBuild program only if such under subsection (c). tion 551(1) of title 5, United States Code; individual is— ‘‘(B) RESERVATION OF FUNDS.—Of the (2) the term ‘‘function’’ means any duty, ‘‘(i) not less than age 16 and not more than amounts available under subsection (h) to obligation, power, authority, responsibility, age 24, on the date of enrollment; carry out this section for a fiscal year, the right, privilege, activity, or program; and ‘‘(ii) a member of a low-income family, a Secretary shall reserve 5 percent to carry (3) the term ‘‘office’’ includes any office, youth in foster care (including youth aging out subparagraph (A). administration, agency, institute, unit, orga- out of foster care), a youth offender, a youth ‘‘(3) CAPACITY BUILDING GRANTS.— nizational entity, or component thereof. who is an individual with a disability, a child ‘‘(A) IN GENERAL.—In each fiscal year, the (b) TRANSFER OF FUNCTIONS.—There are of incarcerated parents, or a migrant youth; Secretary may use not more than 3 percent transferred to the Department of Labor all and of the amounts available under subsection functions which the Secretary of Housing ‘‘(iii) a school dropout. (h) to award grants to 1 or more qualified na- and Urban Development exercised before the ‘‘(B) EXCEPTION FOR INDIVIDUALS NOT MEET- tional nonprofit agencies to pay for the Fed- effective date of this section (including all ING INCOME OR EDUCATIONAL NEED REQUIRE- eral share of the cost of capacity building ac- related functions of any officer or employee MENTS.—Not more than 25 percent of the par- tivities. of the Department of Housing and Urban De- ticipants in such program may be individuals ‘‘(B) FEDERAL SHARE.—The Federal share of velopment) relating to subtitle D of title IV who do not meet the requirements of clause the cost described in subparagraph (A) shall of the Cranston-Gonzalez National Afford- (ii) or (iii) of subparagraph (A), but who— be 25 percent. The non-Federal share shall be able Housing Act (42 U.S.C. 12899 et seq.). ‘‘(i) are basic skills deficient, despite at- provided from private sources. (c) DETERMINATIONS OF CERTAIN FUNCTIONS tainment of a secondary school diploma, ‘‘(g) SUBGRANTS AND CONTRACTS.—Each re- BY THE OFFICE OF MANAGEMENT AND BUDG- General Education Development (GED) cre- cipient of a grant under subsection (c) to ET.—If necessary, the Office of Management dential, or other State-recognized equivalent carry out a YouthBuild program shall pro- and Budget shall make any determination of (including recognized alternative standards vide the services and activities described in the functions that are transferred under sub- for individuals with disabilities); or this section directly or through subgrants, section (b).

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(d) PERSONNEL PROVISIONS.— tions, subject to section 1531 of title 31, of the provision to other persons or cir- (1) APPOINTMENTS.—The Secretary of Labor United States Code, as may be necessary to cumstances shall be affected. may appoint and fix the compensation of carry out the provisions of this section. The (l) TRANSITION.—The Secretary of Labor is such officers and employees, including inves- Director of the Office of Management and authorized to utilize— tigators, attorneys, and administrative law Budget shall provide for the termination of (1) the services of such officers, employees, judges, as may be necessary to carry out the the affairs of all entities terminated by this and other personnel of the Department of respective functions transferred under this section and for such further measures and Housing and Urban Development with re- section. Except as otherwise provided by law, dispositions as may be necessary to effec- spect to functions transferred to the Depart- such officers and employees shall be ap- tuate the purposes of this section. ment of Labor by this section; and pointed in accordance with the civil service (j) SAVINGS PROVISIONS.— (2) funds appropriated to such functions for laws and their compensation fixed in accord- (1) CONTINUING EFFECT OF LEGAL DOCU- such period of time, ance with title 5, United States Code. MENTS.—All orders, determinations, rules, (2) EXPERTS AND CONSULTANTS.—The Sec- regulations, permits, agreements, grants, as may reasonably be needed to facilitate retary of Labor may obtain the services of contracts, certificates, licenses, registra- the orderly implementation of this section. experts and consultants in accordance with tions, privileges, and other administrative (m) ACCOMPLISHING ORDERLY TRANSFER.— section 3109 of title 5, United States Code, actions— Consistent with the requirements of this sec- and compensate such experts and consult- (A) which have been issued, made, granted, tion, the Secretary of Labor and the Sec- ants for each day (including traveltime) at or allowed to become effective by the Presi- retary of Housing and Urban Development rates not in excess of the rate of pay for level dent, any Federal agency or official thereof, shall take such actions as the Secretaries de- IV of the Executive Schedule under section or by a court of competent jurisdiction, in termine are appropriate to accomplish the 5315 of such title. The Secretary of Labor the performance of functions which are orderly transfer of functions as described in may pay experts and consultants who are transferred under this section; and subsection (b). serving away from their homes or regular (B) which are in effect at the time this sec- (n) ADMINISTRATION OF PRIOR GRANTS.— place of business travel expenses and per tion takes effect, or were final before the ef- Notwithstanding any other provision of this diem in lieu of subsistence at rates author- fective date of this section and are to be- Act, grants awarded under subtitle D of title ized by sections 5702 and 5703 of such title for come effective on or after the effective date IV of the Cranston-Gonzalez National Afford- persons in Government service employed of this section, able Housing Act (42 U.S.C. 12899 et seq.) intermittently. shall continue in effect according to their with funds appropriated for fiscal year 2006 (e) DELEGATION AND ASSIGNMENT.—Except terms until modified, terminated, super- or a preceding fiscal year shall be subject to where otherwise expressly prohibited by law seded, set aside, or revoked in accordance the continuing authority of the Secretary of or otherwise provided by this section, the with law by the President, the Secretary of Housing and Urban Development under the Secretary of Labor may delegate any of the Labor or other authorized official, a court of provisions of such subtitle, as in effect on functions transferred to the Secretary of competent jurisdiction, or by operation of the day before the date of enactment of this Labor by this section and any function law. Act, until the authority to expend applicable transferred or granted to the Secretary of (2) PROCEEDINGS NOT AFFECTED.—The provi- funds for the grants, as specified by the Sec- Labor after the effective date of this section sions of this section shall not affect any pro- retary of Housing and Urban Development, to such officers and employees of the Depart- ceedings, including notices of proposed rule- has expired and the Secretary has completed ment of Labor as the Secretary of Labor may making, or any application for any license, the administrative responsibilities associ- designate, and may authorize successive re- permit, certificate, or financial assistance ated with the grants. delegations of such functions as may be nec- pending before the Department of Housing (o) REFERENCES.—A reference in any other essary or appropriate. No delegation of func- and Urban Development at the time this sec- Federal law, Executive order, rule, regula- tions by the Secretary of Labor under this tion takes effect, with respect to functions tion, or delegation of authority, or any docu- subsection or under any other provision of transferred by this section but such pro- ment of or relating to— this section shall relieve the Secretary of ceedings and applications shall be continued. (1) the Secretary of Housing and Urban De- Labor of responsibility for the administra- Orders shall be issued in such proceedings, velopment with regard to functions trans- tion of such functions. appeals shall be taken therefrom, and pay- ferred under subsection (b), shall be deemed (f) REORGANIZATION.—The Secretary of Labor is authorized to allocate or reallocate ments shall be made pursuant to such orders, to refer to the Secretary of Labor; and any function transferred under subsection (b) as if this section had not been enacted, and (2) the Department of Housing and Urban among the officers of the Department of orders issued in any such proceedings shall Development with regard to functions trans- Labor, and to establish, consolidate, alter, or continue in effect until modified, termi- ferred under subsection (b), shall be deemed discontinue such organizational entities in nated, superseded, or revoked by a duly au- to refer to the Department of Labor. the Department of Labor as may be nec- thorized official, by a court of competent ju- (p) EFFECTIVE DATE.—This section takes essary or appropriate. risdiction, or by operation of law. Nothing in effect on the earlier of— (g) RULES.—The Secretary of Labor is au- this paragraph shall be deemed to prohibit (1) the date of enactment of this Act; and thorized to prescribe, in accordance with the the discontinuance or modification of any (2) September 30, 2006. provisions of chapters 5 and 6 of title 5, such proceeding under the same terms and United States Code, such rules and regula- conditions and to the same extent that such SA 4880. Mr. FRIST (for Mr. MCCAIN tions as the Secretary of Labor determines proceeding could have been discontinued or necessary or appropriate to administer and modified if this section had not been en- (for himself and Mr. DORGAN)) proposed manage the functions of the Department of acted. an amendment to the bill S. 1899, to Labor. (3) SUITS NOT AFFECTED.—The provisions of amend the Indian Child Protection and (h) TRANSFER AND ALLOCATIONS OF APPRO- this section shall not affect suits commenced Family Violence Prevention Act to PRIATIONS.—Except as otherwise provided in before the effective date of this section, and identify and remove barriers to reduc- this section, the assets, liabilities, grants, in all such suits, proceedings shall be had, ing child abuse, to provide for exami- contracts, property, records, and unexpended appeals taken, and judgments rendered in the same manner and with the same effect as nations of certain children, and for balances of appropriations, authorizations, other purposes; as follows: allocations, and other funds used, held, aris- if this section had not been enacted. ing from, available to, or to be made avail- (4) NONABATEMENT OF ACTIONS.—No suit, On page 24, line 4, strike ‘‘extend’’ and in- able in connection with the functions trans- action, or other proceeding commenced by or sert ‘‘extent’’. against the Department of Housing and ferred by this section, subject to section 1531 On page 27, line 16, strike ‘‘or forensic’’ and Urban Development, or by or against any in- of title 31, United States Code, shall be insert ‘‘and forensic’’. transferred to the Department of Labor. Un- dividual in the official capacity of such indi- On page 28, line 2, strike ‘‘interviews’’ and expended funds transferred pursuant to this vidual as an officer of the Department of insert ‘‘interviewers’’. subsection shall be used only for the pur- Housing and Urban Development, shall abate poses for which the funds were originally au- by reason of the enactment of this section. On page 29, strike lines 18 through 24 and thorized and appropriated. (5) ADMINISTRATIVE ACTIONS RELATING TO insert the following: (i) TRANSFERS.—The Director of the Office PROMULGATION OF REGULATIONS.—Any admin- ‘‘(d) EFFECT ON CHILD PLACEMENT.—An In- of Management and Budget, at such time or istrative action relating to the preparation dian tribe that submits a written statement times as the Director shall provide, is au- or promulgation of a regulation by the De- to the applicable State official documenting thorized to make such determinations as partment of Housing and Urban Development that the Indian tribe has conducted a back- may be necessary with regard to the func- relating to a function transferred under this ground investigation under this section for tions transferred by this section, and to section may be continued by the Department the placement of an Indian child in a trib- make such dispositions of assets, liabilities, of Labor with the same effect as if this sec- ally-licensed or tribally-approved foster care grants, contracts, property, records, and un- tion had not been enacted. or adoptive home, or for another out-of-home expended balances of appropriations, author- (k) SEPARABILITY.—If a provision of this placement, shall be considered to have satis- izations, allocations, and other funds used, section or its application to any person or fied the background investigation require- held, arising from, available to, or to be circumstance is held invalid, neither the re- ments of any Federal or State law requiring made available in connection with such func- mainder of this section nor the application such an investigation.’’.

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00144 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2006 CONGRESSIONAL RECORD — SENATE S8869 On page 32, strike lines 8 through 16 and in- PLANS.—In approving standards for State sion and Conveyance Works, and for sert the following: and local emergency preparedness oper- other purposes. (A) by striking ‘‘(g)’’ and all that follows ational plans pursuant to subsection (b)(3), Because of the limited time available through ‘‘Indian Child Resource’’ and insert- the Director shall ensure that such plans ing the following: take into account the needs of individuals for the hearing, witnesses may testify ‘‘(g) APPLICATION OF INDIAN SELF-DETER- with household pets and service animals by invitation only. However, those MINATION AND EDUCATION ASSISTANCE ACT TO prior to, during, and following a major dis- wishing to submit written testimony CENTERS.— aster or emergency.’’. for the hearing record should send two ‘‘(1) IN GENERAL.—Indian Child Resource’’; SEC. 3. EMERGENCY PREPAREDNESS MEASURES copies of their testimony to the Com- (B) in the first sentence, by striking ‘‘Act’’ OF THE DIRECTOR. mittee on Energy and Natural Re- and inserting ‘‘and Education Assistance Act Section 611 of the Robert T. Stafford Dis- sources, United States Senate, Wash- (25 U.S.C. 450 et seq.)’’; aster Relief and Emergency Assistance Act ington, DC 20510–6150. (C) by striking the second sentence and in- (42 U.S.C. 5196) is amended— serting the following: (1) in subsection (e)— For further information, please con- On page 33, line 15, strike ‘‘(C)’’ and insert (A) in paragraph (2), by striking ‘‘and’’ at tact Nate Gentry at (202) 224–2179 or ‘‘(D)’’. the end; Steve Waskiewicz at (202) 228–6195. On page 34, strike lines 1 through 25. (B) in paragraph (3), by striking the period On page 35, strike lines 6 through 11 and in- and inserting ‘‘; and’’; and f sert the following: (C) by adding at the end the following: ‘‘(a) DEFINITION OF MEDICAL OR BEHAVIORAL ‘‘(4) plans that take into account the needs HEALTH PROFESSIONAL.—In this section, the of individuals with pets and service animals AUTHORITY FOR COMMITTEES TO term ‘medical or behavioral health profes- prior to, during, and following a major dis- MEET sional’ means an employee or volunteer of an aster or emergency.’’; and organization that provides a service as part (2) in subsection (j)— COMMITTEE ON ARMED SERVICES of a comprehensive service program that (A) by redesignating paragraphs (2) Mr. FRIST. Mr. President, I ask combines— through (8) as paragraphs (3) through (9), re- unanimous consent that the Com- ‘‘(1) substance abuse (including abuse of al- spectively; and cohol, drugs, inhalants, and tobacco) preven- mittee on Armed Services be author- (B) by inserting after paragraph (1) the fol- ized to meet during the session of the tion and treatment; and lowing: ‘‘(2) mental health treatment. ‘‘(2) The Director may make financial con- Senate on August 3, 2006, at 9:30 a.m. to ‘‘(b) CONTRACTS AND AGREEMENTS.—The tributions, on the basis of programs or receive testimony on Iraq, Afghani- Service is authorized to enter into any con- projects approved by the Director, to the stan, and the Global War on Terrorism. tract or agreement for the use of telemedi- States and local authorities for animal The PRESIDING OFFICER. Without cine with a public or private university or fa- emergency preparedness purposes, including cility, including a medical university or fa- objection, it is so ordered. the procurement, construction, leasing, or cility, or any private medical or behavioral renovating of emergency shelter facilities COMMITTEE ON ENERGY AND NATURAL health professional, with experience relating and materials that will accommodate people RESOURCES to pediatrics, including the diagnosis and with pets and service animals.’’. Mr. FRIST. Mr. President, I ask treatment of child abuse, to assist the Serv- ice with respect to— SEC. 4. PROVIDING ESSENTIAL ASSISTANCE TO unanimous consent that the Com- INDIVIDUALS WITH HOUSEHOLD mittee on Energy and Natural Re- On page 35, line 16, strike ‘‘(b)’’ and insert PETS AND SERVICE ANIMALS FOL- ‘‘(c)’’. LOWING A DISASTER. sources be authorized to meet during On page 35, line 17, strike ‘‘(a)’’ and insert Section 403(a)(3) of the Robert T. Stafford the session of the Senate on Thursday, ‘‘(b)’’. Disaster Relief and Emergency Assistance August 3, 2006, at 10 a.m. On page 35, line 25, strike ‘‘(c)’’ and insert Act (42 U.S.C. 5170b(a)(3)) is amended— The purpose of this hearing is to re- ‘‘(d)’’. (1) in subparagraph (H), by striking ‘‘and’’ On page 36, lines 1 and 2, strike ‘‘medical ceive testimony on S. 2589, to enhance at the end; universities, facilities, and practitioners de- the management and disposal of spent (2) in subparagraph (I), by striking the pe- scribed in subsection (a)’’ and insert ‘‘univer- nuclear fuel and high-level radioactive riod and inserting ‘‘; and’’; and sities and facilities, including medical uni- (3) by adding at the end the following: waste, to ensure protection of public versities and facilities, and medical or be- ‘‘(J) provision of rescue, care, shelter, and health and safety, to ensure the terri- havioral health professionals described in essential needs— torial integrity and security of the re- subsection (b)’’. ‘‘(i) to individuals with household pets and pository at Yucca Mountain, and for On page 36, line 5, strike ‘‘(d)’’ and insert service animals; and ‘‘(e)’’. other purposes. On page 36, line 12, strike ‘‘felony child ne- ‘‘(ii) to such pets and animals.’’. The PRESIDING OFFICER. Without glect,’’ and insert ‘‘felony child abuse, felony f objection, it is so ordered. child neglect,’’. NOTICE OF HEARING COMMITTEE ON FINANCE SA 4881. Mr. FRIST (for Mr. LAUTEN- COMMITTEE ON ENERGY AND NATURAL Mr. FRIST. Mr. President, I ask BERG (for himself and Mr. STEVENS)) RESOURCES unanimous consent that the Com- proposed an amendment to the bill Mr. DOMENICI. Mr. President, I mittee on Finance be authorized to H.R. 3858, to amend the Robert T. Staf- would like to announce for the infor- meet during the session on Thursday, ford Disaster Relief and Emergency As- mation of the Senate and the public August 3, 2006, at 10:30 a.m., in 215 sistance Act to ensure that State and that a hearing has been scheduled be- Dirksen Senate Office Building, to hear local emergency preparedness oper- fore the Committee on Energy and Nat- testimony on ‘‘Kick-Off for Tax Re- ational plans address the needs of indi- ural Resources. form: Tackling the Tax Code’’. viduals with household pets and service The hearing will be held on Friday, The PRESIDING OFFICER. Without animals following a major disaster or September 1, 2006, at 1 p.m. in the Stu- objection, it is so ordered. emergency; as follows: dent Union Ballroom at the Student COMMITTEE ON FOREIGN RELATIONS Strike all after the enacting clause and in- Union Building of Montana State Uni- Mr. FRIST. Mr. President, I ak unan- sert the following: versity Northern located at 1 SUB imous consent that the Committee on SECTION 1. SHORT TITLE. Drive in Havre, Montana. This Act may be cited as the ‘‘Pets Evacu- Foreign Relations be authorized to The purpose of the hearing is to re- MEET DURING THE SESSIOn of the ation and Transportation Standards Act of ceive testimony on S. 3563, to authorize 2006’’. Senate on Thursday, August 3, 2006, at the Secretary of the Interior to con- SEC. 2. STANDARDS FOR STATE AND LOCAL 11 a.m. to hold a hearing on nomina- EMERGENCY PREPAREDNESS OPER- duct studies to determine the feasi- tions. bility and environmental impact of re- ATIONAL PLANS. The PRESIDING OFFICER. Without Section 613 of the Robert T. Stafford Dis- habilitating the St. Mary Diversion objection, it is so ordered. aster Relief and Emergency Assistance Act and Conveyance Works and the Milk (42 U.S.C. 5196b) is amended— River Project, to authorize the reha- COMMITTEE ON FOREIGN RELATIONS (1) by redesignating subsection (g) as sub- bilitation and improvement of the St. Mr. FRIST. Mr. President, I ask section (h); and (2) by inserting after subsection (f) the fol- Mary Diversion and Conveyance unanimous consent that the Com- lowing: Works, to develop an emergency re- mittee on Foreign Relations be author- ‘‘(g) STANDARDS FOR STATE AND LOCAL sponse plan for use in the case of cata- ized to meet during the session of the EMERGENCY PREPAREDNESS OPERATIONAL strophic failure of the St. Mary Diver- Senate on Thursday, August 3, 2006, at

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00145 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8870 CONGRESSIONAL RECORD — SENATE August 3, 2006 2:30 p.m. to hold a hearing on nomina- The PRESIDING OFFICER. Without tional Ocean Policy Study be able to tions. objection, it is so ordered. hold a hearing on the State of the The PRESIDING OFFICER. Without SELECT COMMITTEE ON INTELLIGENCE Oceans 2006 on August 3, 2006 at 10 a.m. objection, it is so ordered. Mr. FRIST. Mr. President, I ask The PRESIDING OFFICER. Without COMMITTEE ON HOMELAND SECURITY AND unanimous consent that the Select objection, it is so ordered. GOVERNMENTAL AFFAIRS Committee on Intelligence be author- f Mr. FRIST. Mr. President, I ask ized to meet during the session of the unanimous consent that the Com- Senate on August 3, 2006, at 10 a.m. to PRIVILEGES OF THE FLOOR mittee on Homeland Security and Gov- hold a closed briefing. Mr. GRASSLEY. Mr. President, I ask ernmental Affairs’ Subcommittee on The PRESIDING OFFICER. Without unanimous consent that the following Federal Financial Management, Gov- objection, it is so ordered. fellows with the Finance Committee be ernment Information, and Inter- SUBCOMMITTEE ON NATIONAL OCEAN POLICY allowed the privilege of the floor dur- national Security be authorized to STUDY ing the Senate’s consideration of the meet on Thursday, August 3, 2006, at Mr. FRIST. Mr. President, I am re- tax bills today: Mary Baker and Stuart 2:30 p.m. for a hearing regarding ‘‘Fi- questing unaimous consent that the Sirkin. nancial Management at the Depart- Committee on Commerce, Science, and The PRESIDING OFFICER. Without ment of Defense.’’ hTransportation Subcommittee on Na- objection, it is so ordered. FOREIGN TRAVEL FINANCIAL REPORTS In accordance with the appropriate provisions of law, the Secretary of the Senate herewith submits the following re- ports for standing committees of the Senate, certain joint committees of the Congress, delegations and groups, and select and special committees of the Senate, relating to expenses incurred in the performance of authorized foreign travel:

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON APPROPRIATIONS FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2006

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Drew Willison: Netherlands ...... Euro ...... 968.62 ...... 968.62 United States ...... Dollar ...... 6,242.90 ...... 94.39 ...... 6,337.29 Scott O’Malia: Japan ...... Yen ...... 2,273.46 ...... 2,273.46 United States ...... Dollar ...... 10,547.36 ...... 94.39 ...... 10,641.75 Drew Willison: Japan ...... Yen ...... 2,273.46 ...... 2,273.46 United States ...... Dollar ...... 10,547.36 ...... 94.39 ...... 10,641.75 Nancy Olkewics: Japan ...... Yen ...... 2,273.46 ...... 2,273.46 United States ...... Dollar ...... 10,547.36 ...... 94.39...... 10,641.75 Josh Manley: United Kingdom ...... Pound ...... 880.00 ...... 263.00 ...... 1,143.00 Belgium ...... Euro ...... 842.00 ...... 842.00 Italy ...... Euro ...... 2,022.00 ...... 770.75 ...... 2,792.75 France ...... Euro ...... 906.00 ...... 906.00 United States ...... Dollar ...... 8,858.60 ...... 8,858.60 Matthew McCardle: United Kingdom ...... Pound ...... 880.00 ...... 263.00 ...... 1,143.00 Belgium ...... Euro ...... 842.00 ...... 842.00 Italy ...... Euro ...... 2,022.00 ...... 770.75 ...... 2,792.75 France ...... Euro ...... 906.00 ...... 906.00 United States ...... Dollar ...... 8,858.60 ...... 8,858.60 Jon Kamarck: United Kingdom ...... Pound ...... 880.00 ...... 263.00 ...... 1,143.00 Belgium ...... Euro ...... 842.00 ...... 842.00 Italy ...... Euro ...... 2,022.00 ...... 770.75 ...... 2,792.75 France ...... Euro ...... 906.00 ...... 906.00 United States ...... Dollar ...... 8,858.60 ...... 8,858.60 Peter Rogoff: United Kingdom ...... Pound ...... 880.00 ...... 263.00 ...... 1,143.00 Belgium ...... Euro ...... 842.00 ...... 842.00 Italy ...... Euro ...... 2,022.00 ...... 770.75 ...... 2,792.75 France ...... Euro ...... 906.00 ...... 906.00 United States ...... Dollar ...... 8,858.60 ...... 8,858.60 Meaghan McCarthy: United Kingdom ...... Pound ...... 880.00 ...... 263.00 ...... 1,143.00 Belgium ...... Euro ...... 842.00 ...... 842.00 Italy ...... Euro ...... 2,022.00 ...... 770.75 ...... 2,792.75 France ...... Euro ...... 906.00 ...... 906.00 United States ...... Dollar ...... 8,858.60 ...... 8,858.60 Rebecca Hammel: Netherlands ...... Euro ...... 968.62 ...... 968.62 United States ...... Dollar ...... 6,242.90 ...... 6,242.90 Roger K. Cockrell: Netherlands ...... Euro ...... 1,016.63 ...... 1,016.63 United States ...... Dollar ...... 6,242.90 ...... 6,242.90 Senator Wayne Allard: Brazil ...... Real ...... 506.00 ...... 506.00 Argentina ...... Pesos ...... 318.00 ...... 318.00 Adam Sharp: Netherlands ...... Euro ...... 1,280.49 ...... 1,280.49 United States ...... Dollar ...... 6,242.90 ...... 6,242.90 Senator Mary L. Landrieu: Netherlands ...... Euro ...... 968.62 ...... 968.62 United States ...... Dollar ...... 6,241.51 ...... 6,241.51 Herman J. Gesser, III: Netherlands ...... Euro ...... 1,346.03 ...... 1,346.03 United States ...... Dollar ...... 6,242.40 ...... 6,242.40

Total ...... 37,443.39 ...... 118,559.34 ...... 377.56 ...... 156,380.29 THAD COCHRAN, Chairman, Committee on Appropriations, June 26, 2006.

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00146 Fmt 4637 Sfmt 8634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2006 CONGRESSIONAL RECORD — SENATE S8871 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON APPROPRIATIONS FOR TRAVEL FROM APR. 1 to JUNE 30, 2006

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Robert Bennett: Belgium ...... Euro ...... 392.00 ...... 392.00 Mark Morrison: Belgium ...... Euro ...... 392.00 ...... 392.00 Nathan Graham: Belgium ...... Euro ...... 392.00 ...... 392.00 Stewart Holmes: Jordan ...... Dinar ...... 546.00 ...... 546.00 Israel ...... Shekel ...... 167.00 ...... 167.00 Italy ...... Euro ...... 654.00 ...... 654.00 Paul Grove: Jordan ...... Dinar ...... 546.00 ...... 546.00 Israel ...... Shekel ...... 167.00 ...... 167.00 Italy ...... Euro ...... 654.00 ...... 654.00 Thomas Hawkins: Jordan ...... Dinar ...... 546.00 ...... 546.00 Israel ...... Shekel ...... 167.00 ...... 167.00 Italy ...... Euro ...... 654.00 ...... 654.00 Senator Thad Cochran Jordan ...... Dinar ...... 546.00 ...... 546.00 Israel ...... Shekel ...... 167.00 ...... 167.00 Italy ...... Euro ...... 654.00 ...... 654.00 Keith Kennedy: Jordan ...... Dinar ...... 546.00 ...... 546.00 Israel ...... Shekel ...... 167.00 ...... 167.00 Italy ...... Euro ...... 654.00 ...... 654.00 Kay Webber: Jordan ...... Dinar ...... 546.00 ...... 546.00 Israel ...... Shekel ...... 167.00 ...... 167.00 Italy ...... Euro ...... 654.00 ...... 654.00 Dr. John Eisild: Jordan ...... Dinar ...... 546.00 ...... 546.00 Israel ...... Shekel ...... 167.00 ...... 167.00 Italy ...... Euro ...... 654.00 ...... 654.00 Mark Keenum: Jordan ...... Dinar ...... 546.00 ...... 546.00 Israel ...... Shekel ...... 167.00 ...... 167.00 Italy ...... Euro ...... 654.00 ...... 654.00 Senator Judd Gregg: Jordan ...... Dinar ...... 546.00 ...... 546.00 Israel ...... Shekel ...... 167.00 ...... 167.00 Italy ...... Euro ...... 654.00 ...... 654.00 Tim Reiser: Guatemala ...... Dollar ...... 330.00 ...... 54.00 ...... 384.00 United States ...... Dollar ...... 1,230.00 ...... 1,230.00 Colombia ...... Dollar ...... 100.00 ...... 53.00 ...... 153.00 Sudip Parikh: United Kingdom ...... Pound ...... 2,565.00 ...... 85.00 ...... 2,650.00 United States ...... Dollar ...... 2,460.54 ...... 2,460.54 Betty Lou Taylor: United Kingdom ...... Pound ...... 2,565.00 ...... 85.00 ...... 2,650.00 United States ...... Dollar ...... 2,460.54 ...... 2,460.54

Total ...... 19,039.00 ...... 6,151.08 ...... 277.00 ...... 25,467.08 THAD COCHRAN, Chairman, Committee on Appropriations, July 5, 2006.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON ARMED SERVICES FOR TRAVEL FROM APR. 1 TO JUNE 30, 2006

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Joseph Lieberman: United States ...... Dollar ...... 1,394.00 ...... 1,394.00 Israel ...... Dollar ...... 2,250.00 ...... 2,250.00 Frederick M. Downey: United States ...... Dollar ...... 5,819.00 ...... 5,819.00 Israel ...... Dollar ...... 3,980.00 ...... 3,980.00 Senator Jack Reed: United States ...... Dollar ...... 2,041.00 ...... 2,041.00 Colombia ...... Dollar ...... 2.00 ...... 2.00 Elizabeth King: United States ...... Dollar ...... 2,041.00 ...... 2,041.00 Colombia ...... Dollar ...... 22.00 ...... 22.00 Evelyn Farkas: United States ...... Dollar ...... 2,084.00 ...... 2,084.00 Colombia ...... Dollar ...... 22.00 ...... 22.00 Senator John McCain: United States ...... Dollar ...... 3,903.55 ...... 3,903.55 Belgium ...... Euro ...... 150.00 ...... 150.00 Richard Fontaine: United States ...... Dollar ...... 3,903.55 ...... 3,903.55 Belgium ...... Euro ...... 292.00 ...... 292.00 Senator Elizabeth Dole: United States ...... Dollar ...... 8,594.02 ...... 5,894.02 Greg Reils: United States ...... Dollar ...... 8,614.02 ...... 8,614.02 ...... 8,614.02 Kuwait ...... Dollar ...... 1,218.00 ...... 1,218.00 Greg Gross: United States ...... Dollar ...... 8,614.02 ...... 8,614.02 Kuwait ...... Dollar ...... 1,218.00 ...... 1,218.00

Total ...... 9,108.00 ...... 47,008.16 ...... 46.00 ...... 56,162.16 JOHN WARNER, Chairman, Committee on Armed Services, July 28, 2006.

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00147 Fmt 4637 Sfmt 8634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8872 CONGRESSIONAL RECORD — SENATE August 3, 2006 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON ARMED SERVICES FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2006

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator John McCain: New Zealand ...... Dollar ...... 1,463.67 ...... 1,463.67 Switzerland ...... Dollar ...... 570.00 ...... 570.00 Kuwait ...... Dollar ...... 259.92 ...... 259.92 Jordan ...... Dollar ...... 269.50 ...... 269.50 Senator John Warner: Italy ...... Euro ...... 125.00 ...... 125.00 Pakistan ...... Rupee ...... 100.00 ...... 100.00 Kuwait ...... Dinar ...... 325.00 ...... 325.00 United Kingdom ...... Pound ...... 358.00 ...... 358.00 Senator Carl Levin: Italy ...... Euro ...... 125.00 ...... 125.00 Pakistan ...... Rupee ...... 91.00 ...... 91.00 Kuwait ...... Dinar ...... 325.00 ...... 325.00 United Kingdom ...... Pound ...... 228.00 ...... 228.00 Richard D. DeBobes: Italy ...... Euro ...... 125.00 ...... 125.00 Pakistan ...... Rupee ...... 50.00 ...... 50.00 Kuwait ...... Dinar ...... 325.00 ...... 325.00 Turkey ...... Lira ...... 90.00 ...... 90.00 United Kingdom ...... Pound ...... 228.00 ...... 228.00 Senator John Thune: Brazil ...... Dollar ...... 370.00 ...... 370.00 Argentina ...... Dollar ...... 556.00 ...... 556.00 Chile ...... Dollar ...... 354.00 ...... 354.00

Total ...... 6,338.09 ...... 6,338.09 JOHN WARNER, Chairman, Committee on Armed Services, July 28, 2006.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON BANKING, HOUSING, AND URBAN AFFAIRS FOR TRAVEL FROM APR. 1 TO JUNE 30, 2006

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Andrew Olmem: United States ...... Dollar ...... 7,461.00 ...... 7,461.00 Brazil ...... Real ...... 300.00 ...... 300.00 LouAnn Linehan: United States ...... Dollar ...... 6,177.47 ...... 6,177.47 India ...... Rupee ...... 902.00 ...... 902.00 Pakistan ...... Rupee ...... 593.00 ...... 593.00 Senator Richard Shelby: Libya ...... Dinar ...... 1,200.00 ...... 1,200.00 Egypt ...... Pound ...... 288.00 ...... 288.00 Ethiopia ...... Birr ...... 562.00 ...... 562.00 South Africa ...... Rand ...... 923.00 ...... 923.00 Argentina ...... Peso ...... 540.00 ...... 540.00 Senator Paul Sarbanes: Libya ...... Dinar ...... 1,200.00 ...... 1,200.00 Egypt ...... Pound ...... 288.00 ...... 288.00 Ethiopia ...... Birr ...... 562.00 ...... 562.00 South Africa ...... Rand ...... 923.00 ...... 923.00 Argentina ...... Peso ...... 540.00 ...... 540.00 Kathleen L. Casey: Libya ...... Dinar ...... 1,200.00 ...... 1,200.00 Egypt ...... Pound ...... 288.00 ...... 288.00 Ethiopia ...... Birr ...... 562.00 ...... 562.00 South Africa ...... Rand ...... 923.00 ...... 923.00 Argentina ...... Peso ...... 540.00 ...... 540.00 Anne Caldwell: Libya ...... Dinar ...... 1,200.00 ...... 1,200.00 Egypt ...... Pound ...... 288.00 ...... 288.00 Ethiopia ...... Birr ...... 562.00 ...... 562.00 South Africa ...... Rand ...... 923.00 ...... 923.00 Argentina ...... Peso ...... 540.00 ...... 540.00

Total ...... 15,847.00 ...... 13,638.47 ...... 29,485.47 RICHARD SHELBY, Chairman, Committee on Banking, Housing, and Urban Affairs, June 30, 2006.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON THE BUDGET FOR TRAVEL FROM APR. 1 TO JUNE 30, 2006

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Debbie Stabenow: United States ...... Dollar ...... 7,342.44 ...... 7,342.44 Jordan ...... Dinar ...... 434.00 ...... 434.00 Kevin Bargo: United States ...... Dollar ...... 3,830.07 ...... 3,830.07 Austria ...... Euro ...... 636.00 ...... 636.00 Switzerland ...... Franc ...... 1,236.00 ...... 1,236.00 Maureen O’Neill: United States ...... Dollar ...... 6,678.00 ...... 6,678.00 Austria ...... Euro ...... 636.00 ...... 636.00 Switzerland ...... Franc ...... 1,236.00 ...... 1,236.00

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00148 Fmt 4637 Sfmt 8634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2006 CONGRESSIONAL RECORD — SENATE S8873 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON THE BUDGET FOR TRAVEL FROM APR. 1 TO JUNE 30, 2006—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Total ...... 4,178.00 ...... 17,850.51 ...... 22,028.51 JUDD GREGG, Chairman, Committee on U.S. Senate Budget Committee, June 30, 2006. CONSOLIDATED REPORT OF EXPENDITUE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION, FOR TRAVEL FROM APR. 1 TO JUNE 30, 2006

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency Senator Gordon Smith: Egypt ...... Pound ...... 161.62 ...... 161.62 United Kingdom ...... Pound ...... 211.00 ...... 211.00 Robert Epplin: Egypt ...... Pound ...... 161.62 ...... 161.62 United Kingdom ...... Pound ...... 211.00 ...... 211.00 Todd Bertoson: United States ...... Dollar ...... 1,387.00 ...... 1,387.00 St. Kitts & Nevis ...... Dollar ...... 1,650.00 ...... 1,165.00 Stephen Wackowski: United States ...... Dollar ...... 1,387.00 ...... 1,387.00 St. Kitts & Nevis ...... Dollar ...... 1,650.00 ...... 1,650.00 Total ...... 4,045.24 ...... 2,744.00 ...... 6,819.24 TED STEVENS, Chairman, Committee on Science and Transportation, July 14, 2006. CONSOLIDATED REPORT OF EXPENDITUE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FINANCE FOR TRAVEL FROM JAN. 1, TO MAR. 31, 2006

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency Senator Max Baucus: China ...... Yuan ...... 1,136.13 ...... 1,136.13 Singapore ...... Dollar ...... 260.00 ...... 260.00 India ...... Rupees ...... 1,230.46 ...... 1,230.46 United States ...... Dollar ...... 9,172.55 ...... 9,172.55 *Delegation Expenses ...... 4,010.20 ...... 4,010.20 William Dauster: China ...... Yuan ...... 1,233.05 ...... 1,233.05 United States ...... Dollar ...... 9,148.75 ...... 9,148.75 Demetrios Marantis: China ...... Yuan ...... 1,136.13 ...... 1,136.13 Singapore ...... Dollar ...... 260.00 ...... 260.00 India ...... Rupees ...... 1,230.46 ...... 1,230.46 United States ...... Dollar ...... 9,133.55 ...... 9,133.55 Jim Messina: China ...... Yuan ...... 1,234.59 ...... 1,234.59 India ...... Rupees ...... 1,230.46 ...... 1,230.46 United States ...... Dollar ...... 9,086.72 ...... 9,086.72 Brian Pomper: China ...... Yuan ...... 1,136.13 ...... 1,136.13 Singapore ...... Dollar ...... 260.00 ...... 260.00 India ...... Rupees ...... 1,230.46 ...... 1,230.46 United States ...... Dollar ...... 9,133.55 ...... 9,133.55 Senator Chuck Schumer: China ...... Dollar ...... 1,286.66 ...... 1,286.66 Hong Kong ...... Dollar ...... 365.84 ...... 365.84 Jeff Hamond: China ...... Dollar ...... 1,248.84 ...... 1,248.84 Hong Kong ...... Dollar ...... 346.93 ...... 346.93 Risa Heller: China ...... Dollar ...... 1,132.28 ...... 1,132.28 Hong Kong ...... Dollar ...... 288.64 ...... 288.64 Senator Charles E. Grassley: Brazil ...... Reals ...... 754.47 ...... 754.47 Argentina ...... Pesos ...... 517.00 ...... 517.00 *Delegation Expenses ...... 20,724.00 ...... 20,724.00 Senator Mike Crapo: Brazil ...... Reals ...... 754.47 ...... 754.47 Argentina ...... Pesos ...... 517.00 ...... 517.00 Gregg Richard: Brazil ...... Reals ...... 490.97 ...... 490.97 Argentina ...... Pesos ...... 253.50 ...... 253.50 Elizabeth Pellett: Brazil ...... Reals ...... 414.47 ...... 414.47 Argentina ...... Pesos ...... 177.00 ...... 177.00 Kevin Studer: Brazil ...... Reals ...... 647.47 ...... 647.47 Argentina ...... Pesos ...... 437.00 ...... 437.00 David Johanson: Brazil ...... Reals ...... 397.97 ...... 397.97 Argentina ...... Pesos ...... 160.50 ...... 160.50 Total ...... 21,768.88 ...... 45,675.12 ...... 24,734.20 ...... 92,178.20 CHARLES E. GRASSLEY, Chairman, Committee on Finance, June 1, 2006. * Delegation expenses include interpretation, transportation, security, embassy overtime, reciprocal meals and official functions as well as other expenses in accordance with the responsibilities of the host country. CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FOREIGN RELATIONS FOR TRAVEL FROM APR. 1 TO JUNE 30, 2006

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency Senator George Allen: Italy ...... Euro ...... 382.00 ...... 150.00 ...... 532.00

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00149 Fmt 4637 Sfmt 8474 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8874 CONGRESSIONAL RECORD — SENATE August 3, 2006 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FOREIGN RELATIONS FOR TRAVEL FROM APR. 1 TO JUNE 30, 2006—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency Turkey ...... Dollar ...... 135.00 ...... 135.00 Kuwait ...... Dinar ...... 300.00 ...... 300.00 United States ...... Dollar ...... 6,074.45 ...... 6,074.45 Senator Christopher Dodd: Jordan ...... Dollar ...... 223.00 ...... 223.00 Lebanon ...... Dollar ...... 117.00 ...... 117.00 Israel ...... Dollar ...... 347.00 ...... 347.00 Egypt ...... Dollar ...... 288.00 ...... 288.00 Italy ...... Dollar ...... 467.00 ...... 467.00 United States ...... Dollar ...... 508.50 ...... 508.50 Senator Chuck Hagel: India ...... Rupee ...... 1,106.91 ...... 1,106.91 Pakistan ...... Rupee ...... 572.00 ...... 572.00 United States ...... Dollar ...... 7,309.78 ...... 7,309.78 Senator George Voinovich: Austria ...... Dollar ...... 358.00 ...... 358.00 Serbia ...... Dollar ...... 183.00 ...... 183.00 Macedonia ...... Dollar ...... 30.00 ...... 30.00 Belgium ...... Dollar ...... 253.00 ...... 253.00 United States ...... Dollar ...... 5,682.54 ...... 5,682.54 Senator George Voinovich: Belgium ...... Euro ...... 819.34 ...... 819.34 Jay Branegan: United Kingdom ...... Pound ...... 2,377.62 ...... 2,377.62 United States ...... Dollar ...... 7,241.43 ...... 7,241.43 Heather Flynn: United Kingdom ...... Pound ...... 450.00 ...... 450.00 Nigeria ...... Naira ...... 435.00 ...... 435.00 United States ...... Dollar ...... 8,505.00 ...... 8,505.00 Heather Flynn: Equatorial Guinea ...... CFA ...... 415.00 ...... 415.00 United States ...... Dollar ...... 7,345.00 ...... 7,345.00 Grey Frandsen: Algeria ...... Dinar ...... 1,047.46 ...... 1,047.46 Mali ...... Cifa ...... 361.94 ...... 361.94 United States ...... Dollar ...... 7,509.39 ...... 7,509.39 Frank Jannuzi: China ...... Yuan ...... 1,164.00 ...... 1,164.00 United States ...... Dollar ...... 6,778.18 ...... 6,778.18 Kenneth Myers III: Russia ...... Dollar ...... 900.00 ...... 900.00 United States ...... Dollar ...... 5,592.72 ...... 5,592.72 Janice O’Connell: Jordan ...... Dollar ...... 223.00 ...... 223.00 Lebanon ...... Dollar ...... 117.00 ...... 117.00 Israel ...... Dollar ...... 347.00 ...... 347.00 Egypt ...... Dollar ...... 288.00 ...... 288.00 Italy ...... Dollar ...... 467.00 ...... 467.00 United States ...... Dollar ...... 508.50 ...... 508.50 Rexon Ryu: India ...... Rupee ...... 956.91 ...... 956.91 Pakistan ...... Rupee ...... 847.00 ...... 847.00 United States ...... Dollar ...... 6,177.47 ...... 6,177.47 Jean Siskovic: Austria ...... Dollar ...... 358.00 ...... 358.00 Serbia ...... Dollar ...... 234.00 ...... 234.00 Macedonia ...... Dollar ...... 150.00 ...... 150.00 Belgium ...... Dollar ...... 236.00 ...... 236.00 United States ...... Dollar ...... 7,100.54 ...... 7,100.54 Jean Siskovic: Belgium ...... Euro ...... 819.34 ...... 819.34 Puneet Talwar: Switzerland ...... Dollar ...... 362.00 ...... 362.00 United States ...... Dollar ...... 6,146.47 ...... 6,146.47 Caroline Tess: Venezuela ...... Dollar ...... 1,902.00 ...... 1,902.00 United States ...... Dollar ...... 2,688.80 ...... 2,688.80 Caroline Tess: Bolivia ...... Dollar ...... 327.00 ...... 327.00 United States ...... Dollar ...... 4,251.00 ...... 4,251.00 Tomicah Tillemann: Azerbaijan ...... Manat ...... 632.00 ...... 632.00 Georgia ...... Lari ...... 520.00 ...... 520.00 United States ...... Dollar ...... 8,463.80 ...... 8,463.80 Paul Unger: Italy ...... Euro ...... 463.00 ...... 463.00 Turkey ...... Dollar ...... 141.00 ...... 141.00 Kuwait ...... Dinar ...... 280.00 ...... 280.00 United States ...... Dollar ...... 6,074.45 ...... 6,074.45 Total ...... 22,402.52 ...... 103,958.02 ...... 150.00 ...... 126,510.54 RICHARD LUGAR, Chairman, Committee on Foreign Relations, July 17, 2006.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS COMMITTEE FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2006

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Susan Collins: United States ...... Dollar ...... 7,561.57 ...... 7,561.57 New Zealand ...... Dollar ...... 738.44 ...... 738.44 David Hunter: United States ...... Dollar ...... 7,533.38 ...... 7,533.38 New Zealand ...... Dollar ...... 840.00 ...... 840.00 Senator Tom Coburn: United States ...... Dollar ...... 9,974.92 ...... 9,974.92 China ...... Yuan ...... 758.13 ...... 758.13

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00150 Fmt 4637 Sfmt 8474 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2006 CONGRESSIONAL RECORD — SENATE S8875 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS COMMITTEE FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2006—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Total ...... 2,336.57 ...... 25,069.87 ...... 27,406.44 SUSAN M. COLLINS, Chairman, Committee on Homeland Security and Governmental Affairs Committee, Mar. 21, 2006.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON THE JUDICIARY FOR TRAVEL FROM APR. 1 TO JUNE 30, 2006

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Arlen Specter: Colombia ...... Peso ...... 802.00 ...... 802.00 Peru ...... Sol ...... 542.00 ...... 542.00 Brazil ...... Real ...... 753.00 ...... 753.00 Dominican Republic ...... Dollar ...... 131.00 ...... 131.00 Evan Kelly: Colombia ...... Peso ...... 802.00 ...... 802.00 Peru ...... Sol ...... 542.00 ...... 542.00 Brazil ...... Real ...... 753.00 ...... 753.00 Dominican Republic ...... Dollar ...... 131.00 ...... 131.00

Total ...... 4,456.00 ...... 4,456.00 ARLEN SPECTER, Chairman, Committee on the Judiciary, July 25, 2006.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON THE JUDICIARY FOR TRAVEL FROM OCT. 1 TO DEC. 31, 2005

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Arlen Specter: Belgium ...... Euro ...... 492.25 ...... 492.25 Estonia ...... Kroon ...... 372.23 ...... 372.23 Jordan ...... Dinar ...... 48.72 ...... 48.72 Israel ...... Shekel ...... 125.45 ...... 125.45 Germany ...... Euro ...... 451.70 ...... 451.70 Scott J. Hoeflich: Belgium ...... Euro ...... 763.14 ...... 763.14 Estonia ...... Kroon ...... 503.81 ...... 503.81 Jordan ...... Dinar ...... 507.41 ...... 507.41 Israel ...... Shekel ...... 240.23 ...... 240.23 Germany ...... Euro ...... 361.26 ...... 361.26 David J. DeBruyn: Belgium ...... Euro ...... 763.14 ...... 763.14 Estonia ...... Kroon ...... 503.81 ...... 503.81 Jordan ...... Dinar ...... 507.41 ...... 507.41 Israel ...... Shekel ...... 240.23 ...... 240.23 Germany ...... Euro ...... 361.26 ...... 361.26

Total ...... 6,242.05 ...... 6,242.05 ARLEN SPECTER, Chairman, Committee on the Judiciary, July 25, 2006.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON VETERANS AFFAIRS FOR TRAVEL FROM APR. 1 TO JUNE 30, 2006

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Larry E. Craig: Netherlands ...... Euro ...... 355.40 ...... 355.40 France ...... Euro ...... 513.00 ...... 513.00 Tunisia ...... Dinar ...... 379.46 ...... 379.46 Senator Richard Burr: Netherlands ...... Euro ...... 318.31 ...... 318.31 France ...... Euor ...... 310.56 ...... 310.56 Tunisia ...... Dinar ...... 395.87 ...... 395.87 Senator Johnny Isakson: Netherlands ...... Euro ...... 291.13 ...... 291.13 France ...... Euro ...... 203.88 ...... 203.88 Tunisia ...... Dinar ...... 477.93 ...... 477.93 Senator Arlen Specter: Netherlands ...... Euro ...... 487.14 ...... 487.14 France ...... Euro ...... 432.93 ...... 432.93 Lupe Wissel: Netherlands ...... Euro ...... 252.31 ...... 252.31 France ...... Euro ...... 371.57 ...... 371.57 Tunisia ...... Dinar ...... 288.62 ...... 288.62 Jeff Schrade: Netherlands ...... Euro ...... 232.01 ...... 232.01 France ...... Euro ...... 275.92 ...... 275.92 Tunisia ...... Dinar ...... 189.38 ...... 189.38

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00151 Fmt 4637 Sfmt 8634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8876 CONGRESSIONAL RECORD — SENATE August 3, 2006 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON VETERANS AFFAIRS FOR TRAVEL FROM APR. 1 TO JUNE 30, 2006—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Total ...... 5,775.42 ...... 5,775.42 LARRY E. CRAIG, Chairman, Committee on Veterans’ Affairs, July 13, 2006. CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON INTELLIGENCE FOR TRAVEL FROM APR. 1 TO JUNE 30, 2006

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency Eric Rosenbach: ...... 1,460.94 ...... 1,460.94 United States ...... Dollar ...... 6,177.47 ...... 6,177.47 Senator Orrin Hatch ...... 66.62 ...... 66.62 Paul Matulic ...... 291.62 ...... 291.62 Total ...... 1,819.18 ...... 6,177.47 ...... 7,996.65 PAT ROBERTS, Chairman, Committee on Intelligence, July 19, 2006. CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON COMMISSION ON SECURITY AND COOPERATION IN EUROPE FOR TRAVEL FROM APR. 1 TO JUNE 30, 2006

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency Shelly Han: United States ...... Dollar ...... 5,975.44 ...... 5,975.44 Denmark ...... Krone ...... 628.00 ...... 628.00 Erika Schlager: United States ...... Dollar ...... 5,926.58 ...... 5,926.58 Romania ...... Lei ...... 3,682.80 ...... 3,682.80 Kyle Parker: United States ...... Dollar ...... 6,038.49 ...... 6,038.49 Russia ...... Rouble ...... 2,768.10 ...... 2,768.10 Austria ...... Euro ...... 562.08 ...... 562.08 John Finerty: United States ...... Dollar ...... 5,592.35 ...... 5,592.35 Russia ...... Rouble ...... 2,695.00 ...... 2,695.00 Dorothy Taft: United States ...... Dollar ...... 8,420.14 ...... 8,420.14 Kazakhstan ...... Tenge ...... 804.00 ...... 804.00 Bob Hand: United States ...... Dollar ...... 6,450.88 ...... 6,450.88 Serbia & Montenegro ...... Euro ...... 1,024.00 ...... 1,024.00 Shelly Han: United States ...... Dollar ...... 5,785.06 ...... 5,785.06 Czech Republic ...... Koruna ...... 206.00 ...... 206.00 Austria ...... Euro ...... 562.00 ...... 562.00 Knox Thames: United States ...... Dollar ...... 8,406.00 ...... 8,406.00 Kazakhstan ...... Tenge ...... 953.12 ...... 953.12 Tajikistan ...... Sommi ...... 411.22 ...... 411.22 Bob Hand: United States ...... Dollar ...... 4,678.46 ...... 4,678.46 Austria ...... Euro ...... 462.00 ...... 462.00 Macedonia ...... Euro ...... 1,896.00 ...... 1,896.00 Total ...... 16,654.32 ...... 57,273.40 ...... 73,927.72 SAM BROWNBACK, Chairman, Committee on Commission on Security and Cooperation in Europe, July 21, 2006. CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON PRESIDENT PRO TEMPORE FOR TRAVEL FROM APR. 1 TO JUN. 30, 2006

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency Jennifer Lowe: China ...... Yuan ...... 2,617.75 ...... 2,617.75 United States ...... Dollar ...... 8,351.13 ...... 8,351.13 Eric Mische: China ...... Yuan ...... 1,492.00 ...... 1,492.00 United States ...... Dollar ...... 7,637.70 ...... 7,637.70 Mary Claire Butt: China ...... Yuan ...... 1,380.00 ...... 1,380.00 United States ...... Dollar ...... 7,358.70 ...... 7,358.70 Total ...... 5,489.75 ...... 23,347.53 ...... 28,837.28 TED STEVENS, Chairman, Committee on President Pro Tempore, July 24, 2006. CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), CODEL FRIST FOR TRAVEL FROM APR. 7 TO APR. 13, 2006

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency Senator William H. Frist: Russia ...... Rouble ...... 670.00 ...... 670.00 Poland ...... Zloty ...... 336.00 ...... 336.00

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00152 Fmt 4637 Sfmt 8634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2006 CONGRESSIONAL RECORD — SENATE S8877 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), CODEL FRIST FOR TRAVEL FROM APR. 7 TO APR. 13, 2006—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Georgia ...... Lari ...... 310.00 ...... 310.00 Ukraine ...... Hryvnia ...... 337.00 ...... 337.00 Senator Judd Gregg: Russia ...... Rouble ...... 785.00 ...... 785.00 Poland ...... Zloty ...... 336.00 ...... 336.00 Georgia ...... Lari ...... 310.00 ...... 310.00 Ukraine ...... Hryvnia ...... 337.00 ...... 337.00 Senator Richard Burr: Russia ...... Rouble ...... 785.00 ...... 785.00 Poland ...... Zloty ...... 336.00 ...... 336.00 Georgia ...... Lari ...... 310.00 ...... 310.00 Ukraine ...... Hryvnia ...... 337.00 ...... 337.00 Emily Reynolds: Russia ...... Rouble ...... 660.00 ...... 660.00 Poland ...... Zloty ...... 211.00 ...... 211.00 Georgia ...... Lari ...... 185.00 ...... 185.00 Ukraine ...... Hryvnia ...... 212.00 ...... 212.00 Mark Esper: Russia ...... Rouble ...... 725.00 ...... 725.00 Poland ...... Zloty ...... 336.00 ...... 336.00 Georgia ...... Lari ...... 310.00 ...... 310.00 Ukraine ...... Hryvnia ...... 337.00 ...... 337.00 Amy Call: Russia ...... Rouble ...... 485.00 ...... 485.00 Poland ...... Zloty ...... 336.00 ...... 336.00 Georgia ...... Lari ...... 310.00 ...... 310.00 Ukraine ...... Hryvnia ...... 337.00 ...... 337.00 Jeff McEvoy: Russia ...... Rouble ...... 727.00 ...... 727.00 Poland ...... Zloty ...... 336.00 ...... 336.00 Georgia ...... Lari ...... 310.00 ...... 310.00 Ukraine ...... Hryvnia ...... 337.00 ...... 337.00 Sally Walsh: Russia ...... Rouble ...... 535.00 ...... 535.00 Poland ...... Zloty ...... 336.00 ...... 336.00 Georgia ...... Lari ...... 310.00 ...... 310.00 Ukraine ...... Hryvnia ...... 337.00 ...... 337.00 Anna Gallagher: Russia ...... Rouble ...... 665.00 ...... 665.00 Poland ...... Zloty ...... 336.00 ...... 336.00 Georgia ...... Lari ...... 310.00 ...... 310.00 Ukraine ...... Hryvnia ...... 337.00 ...... 337.00 *Delegation Expenses: Russia ...... Rouble ...... 14,340.45 ...... 14,340.45 Poland ...... Zloty ...... 8,650.26 ...... 8,650.26 Georgia ...... Lari ...... 5,242.76 ...... 5,242.76 Ukraine ...... Hryvnia ...... 4,806.01 ...... 4,806.01 Total ...... 14,509.00 ...... 33,039.48 ...... 47,548.48 WILLIAM H. FRIST, Majority Leader, June 6, 2006. *Delegation expenses include payments and reimbursements to the Department of State, and the Department of Defense under the authority of Sec. 502(b) of the Mutual Security Act of 1954, as amended by Sec. 22 of P.L. 95–384, and S. Res. 179 agreed to May 25, 1977.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), DEMOCRATIC LEADER FOR TRAVEL FROM APR. 1 TO JUNE 30, 2006

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Marcel Lettre: United States ...... Dollar ...... 7,187.00 ...... 7,187.00 Israel ...... Dollar ...... 672.00 ...... 672.00 Jordan ...... Dollar ...... 211.00 ...... 211.00 Turkey ...... Dollar ...... 909.00 ...... 909.00 Rahul Verma: United States ...... Dollar ...... 1,193.00 ...... 1,193.00 Haiti ...... Dollar ...... 323.20 ...... 323.20 Total ...... 2,115.20 ...... 8,380.00 ...... 10,495.20 HARRY REID, Democratic Leader, July 20, 2006. h

SENATE SUCCESSES First, we worked hard to secure our The Senate’s productivity this past homeland, to secure America’s home- month goes way beyond securing Mr. FRIST. Mr. President, after a few land. Specifically, we passed, this America’s homeland. We have taken more moments of gathering papers, in month, both the Homeland Security action to ensure that the homeland we 10 or 15 minutes, we will likely be clos- appropriations bill, the spending bill, secure is a homeland we value that is ing. We are working on some of the as well as the Foreign Investment and worth securing. We have taken action final nominations and the nomination National Security Act of 2006 which to secure America’s prosperity by pass- process. strengthens the Committee on Foreign Investment in the United States, the ing an important bill, the Water Re- Before we leave for the August re- so-called CFIUS. sources Development Act, an act which cess, I will take a moment to reflect on Over the past 3 days, we made sub- focuses on building that infrastructure the Senate’s tremendous productivity stantial progress on the Department of along the waterways, and by passing over the last month. We can all be very Defense appropriations bill. We were the Gulf of Mexico Energy Security proud of the progress we made in this unable to finish it today, but we have a Senate over the last 4 weeks. We have glidepath to finish it within 2 days had several agenda items. after we return from the recess.

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00153 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8878 CONGRESSIONAL RECORD — SENATE August 3, 2006 Act, an act we passed just a couple of Yes, we have been tremendously pro- The PRESIDING OFFICER (Mr. days ago that addresses opening up an ductive this month, but we will have a DEMINT). The clerk will call the roll. area to deep sea exploration that will lot more to do. We will have a recess The legislative clerk proceeded to have more than a billion barrels of oil that will give us the time to go back to call the roll. and more than 5.5 trillion cubic feet of our States and talk to our constitu- Mr. FRIST. Mr. President, I ask natural gas—a huge amount of natural ents, to interact, to be with our fami- unanimous consent that the order for gas to increase our supply, enough to lies, but we have a lot to do when we the quorum call be rescinded. supply 6 million homes for 15 years. return in September. The PRESIDING OFFICER. Without In securing America’s prosperity, As I look ahead, we will continue to objection, it is so ordered. just a few moments ago we passed the secure America’s homeland. The most f pensions bill which will affect millions pressing issues we should address as we of Americans. In America, we have a look into September include port secu- URGING ACTIONS WITH RESPECT rich history of working hard, of setting rity, the Homeland Security con- TO HOSTILITIES BETWEEN ambitious goals, setting that ambi- ference report, complete Defense ap- HEZBOLLAH AND ISRAEL tious vision, and doggedly pursuing propriations, confirm John Bolton, the Mr. CRAPO. Mr. President, I ask that vision, pursuing that goal. That authorization of military commissions unanimous consent the Senate proceed tradition of hard work has brought us for terrorist combatants, consistent to the immediate consideration of S. the prosperity we know today. with the Supreme Court’s Hamdan de- Res. 548 submitted earlier today. In the Senate, we have the responsi- cision. The PRESIDING OFFICER. The bility to protect that prosperity. We In September, we will work to secure clerk will report the resolution by have the responsibility to ensure that America’s prosperity by bringing budg- title. hard work is rewarded just as richly to- et process reform to the Senate—spe- The assistant legislative clerk read morrow as it was yesterday or is re- cifically, the line-item rescission as follows: warded today. Securing America’s veto—and by finalizing a very exciting prosperity is a noble goal toward which bipartisan competitiveness agenda A resolution (S. Res. 548) expressing the sense of the Senate regarding the United we made considerable progress this package. States and the international community to month. We will also work to continue secur- take certain actions with respect to hos- To enjoy that prosperity, we also ing America’s health by focusing on a tilities between Hezbollah and Israel. have to secure America’s health. bill that has already passed this Senate There being no objection, the Senate Again, as we look over the last 4 and has passed the House and is now in proceeded to consider the resolution. weeks, just this month we engaged in a conference on health information tech- Mr. CRAPO. Mr. President, I ask thorough debate, a thoughtful debate nology, the health information tech- unanimous consent that the resolution on the future of stem cell research, a nology that we know will establish be agreed to, the preamble be agreed tough issue for many. We have adult interoperability platforms and the to, that the motion to reconsider be stem cells, we have embryonic stem ability to communicate in a seamless laid on the table, and that any state- cells; we had to examine and struggle way to improve that quality of care for ments relating thereto be printed in with that nexus of advancing science patients and reduce the cost, to elimi- the RECORD. and ethics and morality—a topic that nate the unnecessary health expendi- The PRESIDING OFFICER. Without is comfortable to many, but it is an tures, and to eliminate the waste, objection, it is so ordered. issue all of us need to be very com- fraud, and abuse. The resolution (S. Res. 548) was fortable with because we will see that I also would like to come back to agreed to. topic and topics like that which in- something we were blocked, once The preamble was agreed to. volve ethics, medicine, and advances in again, by the other side, the small The resolution, with its preamble, science increasingly over the years business health plans, the association reads as follows: ahead. health plans. Chairman ENZI has done a At the end of that debate, we passed tremendous job in leading us forward, S. RES. 548 the Stem Cell Therapies Enhancement but we were unsuccessful in the past Whereas, on June 12, 2000, the Government Act which supports the alternative because we were obstructed. I hope to of Lebanon advised the United Nations that ways of developing these powerful so- have the opportunity to bring those it would consider deploying its armed forces called pluripotential stem cells that throughout southern Lebanon following con- back. firmation by the United Nations Secretary- give us so much hope for the future. Finally, as I look into September, we General that the Government of Israel had That is progress. On that particular must continue securing America’s val- fully withdrawn its armed forces from that piece of legislation, the House has not ues by promoting sound government. country in accordance with United Nations yet acted, but I have high hope they That begins with fulfilling our con- Security Council Resolution 425 (1978); will do so in the near future. That bill stitutional duty of advice and consent, Whereas, on June 16, 2000, the United Na- is broadly supported in the Senate, as by bringing more judicial nominations tions Security Council endorsed the Sec- well as by the American people. to the Senate for confirmation. retary-General’s conclusion that Israel had Finally, this month we also worked We have a lot on our plate for Sep- withdrawn all of its forces from Lebanon in accordance with United Nations Security hard to secure America’s values by tember. I realize we are not going to be Council Resolution 425; passing the Fetus Farming Prohibition able to get all of that done over those Whereas, notwithstanding the reservations Act, by passing a tremendously excit- 4 weeks, but we will try. We will move of both Israel and Lebanon regarding the ing bill, the Adam Walsh Child Protec- in that direction. I am confident we final line determining what constitutes an tion and Safety Act, which was billed will use the limited time remaining Israeli withdrawal in accordance with United by the Walsh Family as being probably after the August recess productively Nations Security Council Resolution 425, the the most significant piece of child safe- and efficiently, and with continued governments of both countries confirmed ty and child protection legislation in hard work and determination we will that establishing the identifying line was the sole responsibility of the United Nations, the last 20 years. In securing America’s keep that ball moving forward. and that they would respect the line that the values, we passed the Child Custody I thank all of my colleagues for their United Nations identified; Protection Act, although I have to say tremendous efforts to make this past Whereas Hezbollah remains an armed ter- I am disappointed that the Democrats month productive. I am confident that rorist presence in Lebanon and continues to have stopped us from going to con- when we do return from our recess we receive material and political support from ference. The House of Representatives will continue to secure a freer, safer, the Governments of Syria and Iran; has passed it, and it is time for the and healthier future for generations of Whereas, as affirmed in Public Law 108–175, Senate to go to conference and time to Americans to come. the Governments of Syria and Iran have sig- Indeed, finally, I extend to our col- nificant influence over Hezbollah; end that obstruction. Whereas United Nations Security Council This month, we authorized the his- leagues the wish for a happy, restful, Resolution 1559 (2004) calls for the with- toric Voting Rights Act, and we con- productive, and wonderful August re- drawal of all foreign forces and the dis- firmed five nominees to Federal judge- cess. mantlement of all independent militias in ships. I suggest the absence of a quorum. Lebanon;

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00154 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2006 CONGRESSIONAL RECORD — SENATE S8879 Whereas the international community has (C) to remain engaged to promote sustain- nities by building affordable housing, provided insufficient encouragement and re- able peace and security for Israel and Leb- and assist them in transforming their sources to the Government of Lebanon to en- anon and the greater Middle East; and own lives and roles in society. able the Government to comply with the rel- (D) to assist the Government of Lebanon evant provisions of United Nations Security on its path to democracy by promoting nec- YouthBuild assists young adults not Council Resolution 1559; essary internal political reforms; and currently enrolled in school gain need- Whereas Hezbollah launched an (3) the territorial integrity, sovereignty, ed education, skills and knowledge. unprovoked attack against Israel on July 12, unity, and political independence of Lebanon The skill and literacy requirements of 2006, killing 7 Israeli soldiers and taking 2 should be strongly supported. today’s and tomorrow’s workplace can- soldiers hostage, its fifth provocative act f not be met if we do not provide every- against Israel since the summer of 2005; one access to lifelong education, train- Whereas the Government of Israel, as re- UNANIMOUS CONSENT AGREE- affirmed in S. Res. 534, has the right to de- MENT—EXECUTIVE CALENDAR ing and retraining. fend itself and to take appropriate action to NO. 819 I am hopeful that this bill will be deter aggression by terrorist groups and signed into law quickly so that the their state sponsors; Mr. FRIST. Mr. President, I ask YouthBuild program can continue to Whereas fighting between Israel and unanimous consent that at 4:30 p.m. on successfully help young adults across Hezbollah to date has caused significant Tuesday, September 5, the Senate pro- the country acquire the knowledge and damage to Lebanon’s and Israel’s infrastruc- ceed to executive session and proceed tures that will necessitate the expenditure of skills they need in the 21st century to the immediate consideration of Ex- global economy. significant sums to rebuild; ecutive Calendar No. 819, Kimberly Ann Whereas more than 400 citizens of Israel Mr. FRIST. Mr. President, I ask Moore, to be U.S. circuit judge, with 1 and Lebanon have already lost their lives in unanimous consent that the Enzi hour of debate equally divided, to be the ongoing conflict; amendment at the desk be agreed to, followed by a vote on confirmation at Whereas over 14,000 United States citizens the bill, as amended, be read a third have been evacuated from Lebanon at a cost 5:30 p.m., with no intervening action or time and passed, the motion to recon- of over $60,000,000; debate. Finally, I ask unanimous con- sider be laid upon the table, and that Whereas more than 1,000,000 Israelis living sent that following that vote the Presi- any statements relating to the bill be in northern Israel are under threat of dent be immediately notified of the Hezbollah rockets; printed in the RECORD. Whereas more than 700,000 Lebanese civil- Senate’s previous action and the Sen- ate then resume legislative session. The PRESIDING OFFICER. Without ians have been displaced by the fighting, and objection, it is so ordered. the United Nations Emergency Relief Coor- The PRESIDING OFFICER. Without dinator is seeking more than $170,000,000 in objection, it is so ordered. The amendment (No. 4879) was agreed donations from international donors to pay f to. for food, medicine, water, and sanitation (The amendment is printed in today’s YOUTHBUILD TRANSFER ACT services over the next 3 months; RECORD under ‘‘Text of Amendments.’’) Whereas the United States Government Mr. FRIST. Mr. President, I ask The bill (S. 3534), as amended, was or- has pledged $30,000,000 in short-term humani- unanimous consent that the Senate dered to be engrossed for a third read- tarian assistance to address the humani- proceed to the immediate consider- tarian crisis in Lebanon; ing, was read the third time, and Whereas the fragile democracy of Lebanon ation of Calendar No. 472, S. 3534. passed. is in jeopardy of collapsing without signifi- The PRESIDING OFFICER. The cant international support to address the hu- clerk will report the bill by title. f manitarian crisis in the country and to The legislative clerk read as follows: strengthen the capacity of the army and se- A bill (S. 3534) to amend the Workforce In- CHILD PROTECTION AND FAMILY curity forces of the Government of Lebanon vestment Act of 1998 to provide for a to gain effective control of all territory in YouthBuild program. VIOLENCE PREVENTION ACT AMENDMENTS OF 2006 Lebanon; and There being no objection, the Senate Whereas continued fighting between Hezbollah and Israel is a threat to the peace proceeded to consider the bill. Mr. FRIST. Mr. President, I ask and security of the peoples of Israel and Leb- Mr. ENZI. Mr. President, I rise today unanimous consent that the Senate anon: in support of the passage of the proceed to the immediate consider- Now, therefore, be it YouthBuild Transfer Act, S. 3534, as ation of Calendar No. 436, S. 1899. Resolved, That it is the sense of the Senate amended. I am pleased at the wide- The PRESIDING OFFICER. The that— spread support that this bill has re- clerk will report the bill by title. (1) the Governments of Syria and Iran ceived and want to especially thank should— The assistant legislative clerk read (A) end all material and logistical support Senator KENNEDY, the ranking member as follows: of the Health, Education, Labor and for Hezbollah, including attempts to replen- A bill (S. 1899) to amend the Indian Child ish Hezbollah’s supply of weapons; and Pensions Committee, and Senators Protection and Family Violence Prevention (B) use their significant influence over DEWINE, KERRY and MURRAY. Act to identify and remove barriers to reduc- Hexbollah to disarm the group and release This bill transfers the Youth Build ing child abuse, to provide for examinations all kidnapped prisoners; program from the Department of Hous- of certain children, and for other purposes. (2) the United States Government and the ing and Urban Development to the De- There being no objection, the Senate international community must work ur- partment of Labor, as an amendment gently with the Governments of Israel and proceeded to consider the bill which Lebanon— to the Workforce Investment Act, WIA. had been reported from the Committee (A) to attain a cessation in the hostilities YouthBuild was enacted in 1992. It pro- on Indian Affairs, with an amendment between Hezbollah and Israel based on— vides programs for young adults aged to strike all after the enacting clause (i) effectuating the safe return of Israeli 16 to 24 to build or rehabilitate housing and inserting in lieu thereof the fol- soldiers held in Lebanon; for homeless or low-income individuals lowing: (ii) the disarmament of Hezbollah, the re- in their communities while they study SECTION 1. SHORT TITLE. moval of all Hezbollah forces from southern to earn their high school diploma or Lebanon, and the replacement of those forces GED. These youth gain occupational This Act may be cited as the ‘‘Indian Child with army and security forces of the Govern- Protection and Family Violence Prevention Act ment of Lebanon; and and technical skills while building Amendments of 2006’’. their knowledge to help them become (iii) reaching an agreement to fully imple- SEC. 2. FINDINGS AND PURPOSE. ment United Nations Security Council Reso- and remain productive participants in Section 402 of the Indian Child Protection and lution 1559 and to create and deploy an inter- the workplace. Family Violence Prevention Act (25 U.S.C. 3201) national stabilization force with a clear By transferring YouthBuild to DOL, is amended— mandate to enforce a permanent ceasefire; the program will be more closely (B) to organize an international donors (1) in subsection (a)— aligned with and benefit from collabo- (A) in paragraph (1)— conference to solicit and ensure the provi- ration with the larger workforce sys- sion of international resources for the recon- (i) by redesignating subparagraphs (E) and struction of roads, bridges, hospitals, elec- tem at the State and local levels. It (F) as subparagraphs (F) and (G), respectively; trical and communications systems, and will continue to serve those young and other civilian infrastructure damaged or de- adults most in need of these services, (ii) by inserting after subparagraph (D) the stroyed in Lebanon during the hostilities; and enable them to serve their commu- following:

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00155 Fmt 4637 Sfmt 6333 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8880 CONGRESSIONAL RECORD — SENATE August 3, 2006 ‘‘(E) the Federal Government and certain a record of each written report submitted under ‘‘(2) any impediment, or recent progress made State governments are responsible for inves- this subsection or subsection (b) in a manner in with respect to removing impediments, to Fed- tigating and prosecuting certain felony crimes, which the report is accessible to— eral, State, and tribal investigations and pros- including child abuse, in Indian country, pursu- ‘‘(i) a local law enforcement agency that re- ecutions of allegations of child abuse in Indian ant to chapter 53 of title 18, United States quires the information to carry out an official country; and Code;’’; and duty; and ‘‘(3) any impediment, or recent progress made (B) in paragraph (2)— ‘‘(ii) any agency requesting the information with respect to removing impediments, to the (i) in the matter preceding subparagraph (A), under section 408. treatment of child abuse in Indian country. ‘‘(D) REPORT TO CONGRESS.—Not later than 1 by striking ‘‘two’’ and inserting ‘‘the’’; ‘‘(c) REPORT.—Not later than 18 months after year after the date of enactment of this sub- (ii) in subparagraph (A), by striking ‘‘and’’ at the date of enactment of the Indian Child Pro- section, and annually thereafter, the Director of the end; tection and Family Violence Prevention Act the Federal Bureau of Investigation, in coordi- (iii) in subparagraph (B), by striking the pe- Amendments of 2006, the Secretary shall submit nation with the Secretary and the Attorney riod at the end and inserting ‘‘; and’’; and to the Committees on Indian Affairs and the Ju- General, shall submit to the Committees on In- (iv) by adding at the end the following: diciary of the Senate, and the Committees on dian Affairs and the Judiciary of the Senate ‘‘(C) identify and remove any impediment to Resources and the Judiciary of the House of and the Committees on Resources and the Judi- the immediate investigation of incidents of child Representatives, a report describing— abuse in Indian country.’’; and ciary of the House of Representatives a report on child abuse in Indian country during the ‘‘(1) the findings of the study under this sec- (2) in subsection (b)— tion; and (A) by striking paragraph (3) and inserting preceding year. ‘‘(2) recommendations for legislative actions, if the following: ‘‘(E) COLLECTION OF DATA.—Not less fre- any, to reduce instances of child abuse in In- ‘‘(3) provide for a background investigation quently than once each year, the Secretary, in dian country.’’. for any employee or volunteer who has access to consultation with the Secretary of Health and children;’’; and Human Services, the Attorney General, the Di- SEC. 6. CONFIDENTIALITY. (B) in paragraph (6), by striking ‘‘Area Of- rector of the Federal Bureau of Investigation, Section 406 of the Indian Child Protection and fice’’ and inserting ‘‘Regional Office’’. and any Indian tribe, shall— Family Violence Prevention Act (25 U.S.C. 3205) ‘‘(i) collect any information concerning child is amended to read as follows: SEC. 3. DEFINITIONS. abuse in Indian country (including reports Section 403 of the Indian Child Protection and under subsection (b)), including information re- ‘‘SEC. 406. CONFIDENTIALITY. Family Violence Prevention Act (25 U.S.C. 3202) lating to, during the preceding calendar year— ‘‘(a) IN GENERAL.—Notwithstanding any other is amended— ‘‘(I) the number of criminal and civil child provision of law, any Federal, State, or tribal (1) by redesignating paragraphs (6) through abuse allegations and investigations in Indian government agency that treats or investigates (18) as paragraphs (7) through (19), respectively; country; incidents of child abuse may provide informa- (2) by inserting after paragraph (5) the fol- ‘‘(II) the number of child abuse prosecutions tion and records to an officer of any other Fed- lowing: referred, declined, or deferred in Indian coun- eral, State, or tribal government agency that re- ‘‘(6) ‘final conviction’ means the final judg- try; quires the information to carry out the duties of ment on a verdict or finding of guilty, a plea of ‘‘(III) the number of child victims who are the the officer, in accordance with section 552a of guilty, or a plea of nolo contendere, but does subject of reports of child abuse in Indian coun- title 5, United States Code, section 361 of the not include a final judgment that has been ex- try; Public Health Service Act (42 U.S.C. 264), the punged by pardon, reversed, set aside, or other- ‘‘(IV) sentencing patterns of individuals con- Family Educational Rights and Privacy Act of wise rendered void;’’; victed of child abuse in Indian country; and 1974 (20 U.S.C. 1232g), part C of title XI of the (3) in paragraph (13) (as redesignated by ‘‘(V) rates of recidivism with respect to child Social Security Act (42 U.S.C. 1320d et seq.), and paragraph (1)), by striking ‘‘that agency’’ and abuse in Indian country; and other applicable Federal law. ‘‘(ii) to the maximum extend practicable, re- all that follows through ‘‘Indian tribe’’ and in- ‘‘(b) TREATMENT OF INDIAN TRIBES.—For pur- duce the duplication of information collection serting ‘‘the Federal, State, or tribal agency’’; poses of this section, an Indian tribal govern- under clause (i).’’; and (4) in paragraph (14) (as redesignated by ment shall be considered to be an entity of the (2) by adding at the end the following: paragraph (1)), by inserting ‘‘(including a tribal Federal Government.’’. law enforcement agency operating pursuant to a ‘‘(e) CONFIDENTIALITY OF CHILDREN.—No local grant, contract, or compact under the Indian law enforcement agency or local child protective SEC. 7. WAIVER OF PARENTAL CONSENT. Self-Determination and Education Assistance services agency shall disclose the name of, or in- Section 407 of the Indian Child Protection and Act (25 U.S.C. 450 et seq.))’’ after ‘‘State law en- formation concerning, the child to anyone other Family Violence Prevention Act (25 U.S.C. 3206) forcement agency’’; than— is amended— (5) in paragraph (18) (as redesignated by ‘‘(1) a person who, by reason of the participa- (1) in subsection (a), by inserting ‘‘or foren- paragraph (1)), by striking ‘‘and’’ at the end; tion of the person in the treatment of the child sic’’ after ‘‘psychological’’; and or the investigation or adjudication of the alle- (6) in paragraph (19) (as redesignated by (2) by striking subsection (c) and inserting the gation, needs to know the information in the paragraph (1)), by striking the period at the end following: and inserting ‘‘; and’’; and performance of the duties of the individual; or ‘‘(2) an officer of any other Federal, State, or ‘‘(c) PROTECTION OF CHILD.—Any examination (7) by adding at the end the following: or interview of a child who may have been the ‘‘(20) ‘telemedicine’ means a telecommuni- tribal agency that requires the information to carry out the duties of the officer under section subject of child abuse shall— cations link to an end user through the use of ‘‘(1) be conducted under such circumstances eligible equipment that electronically links 406. ‘‘(f) REPORT.—Not later than 1 year after the and using such safeguards as are necessary to health professionals or patients and health pro- date of enactment of this subsection, and annu- minimize additional trauma to the child; fessionals at separate sites in order to exchange ally thereafter, the Secretary shall submit to the ‘‘(2) avoid, to the maximum extent practicable, health care information in audio, video, graph- Committees on Indian Affairs and the Judiciary subjecting the child to multiple interviews dur- ic, or other format for the purpose of providing of the Senate and the Committees on Resources ing the examination and interview processes; improved health care diagnosis and treatment.’’. and the Judiciary of the House of Representa- and SEC. 4. REPORTING PROCEDURES. tives a report on child abuse in Indian country ‘‘(3) as time permits, be conducted using ad- Section 404 of the Indian Child Protection and during the preceding year. vice from, or under the guidance of— Family Violence Prevention Act (25 U.S.C. 3203) ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(A) a local multidisciplinary team estab- is amended— There are authorized to be appropriated such lished under section 411; or (1) in subsection (c)— sums as are necessary to carry out this section ‘‘(B) if a local multidisciplinary team is not (A) in paragraph (1), by striking ‘‘(1) Within’’ for each of fiscal years 2007 through 2011.’’. and inserting the following: established under section 411, a multidisci- SEC. 5. REMOVAL OF IMPEDIMENTS TO REDUC- plinary team established under section 410.’’. ‘‘(1) IN GENERAL.—Not later than’’; and ING CHILD ABUSE. (B) in paragraph (2)— Section 405 of the Indian Child Protection and SEC. 8. CHARACTER INVESTIGATIONS. (i) by striking ‘‘(2)(A) Any’’ and inserting the Family Violence Prevention Act (25 U.S.C. 3204) Section 408 of the Indian Child Protection and following: is amended to read as follows: Family Violence Prevention Act (25 U.S.C. 3207) ‘‘(2) INVESTIGATION OF REPORTS.— ‘‘SEC. 405. REMOVAL OF IMPEDIMENTS TO REDUC- is amended— ‘‘(A) IN GENERAL.—Any’’; ING CHILD ABUSE. (1) in subsection (a)— (ii) in subparagraph (B)— ‘‘(a) STUDY.—The Secretary, in consultation (A) in paragraph (1)— (I) by striking ‘‘(B) Upon’’ and inserting the with the Attorney General and the Service, shall (i) by inserting ‘‘, including any voluntary po- following: conduct a study under which the Secretary sitions,’’ after ‘‘authorized positions’’; and ‘‘(B) FINAL WRITTEN REPORT.—On’’; and shall identify any impediment to the reduction (ii) by striking the comma at the end and in- (II) by inserting ‘‘including any Federal, of child abuse in Indian country and on Indian serting a semicolon; and State, or tribal final conviction, and provide to reservations. the Federal Bureau of Investigation a copy of ‘‘(b) INCLUSIONS.—The study under subsection (B) in paragraph (2)— the report’’ before the period at the end; and (a) shall include a description of— (i) by inserting ‘‘(including in a volunteer ca- (iii) by adding at the end the following: ‘‘(1) any impediment, or recent progress made pacity)’’ after ‘‘considered for employment’’; ‘‘(C) MAINTENANCE OF FINAL REPORTS.—The with respect to removing impediments, to report- and Federal Bureau of Investigation shall maintain ing child abuse in Indian country; (ii) by striking ‘‘, and’’ and inserting ‘‘; and’’;

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(2) in subsection (b), by striking ‘‘guilty to’’ (ii) by striking ‘‘Act’’ and inserting ‘‘and Edu- ‘‘(c) INFORMATION AND CONSULTATION.—On and all that follows and inserting the following: cation Assistance Act (25 U.S.C. 450 et seq.)’’; receipt of a request, for purposes of this section, ‘‘guilty to, any felony offense under Federal, (B) by striking the second sentence and insert- the Service may provide to public and private State, or tribal law, or 2 or more misdemeanor ing the following: medical universities, facilities, and practitioners offenses under Federal, State, or tribal law, in- ‘‘(2) CERTAIN REGIONAL OFFICES.— described in subsection (a) any information or volving— ‘‘(A) IN GENERAL.—Except as provided in sub- consultation on the treatment of Indian chil- ‘‘(1) a crime of violence; paragraph (B), if a Center is located in a Re- dren who have, or may have, been subject to ‘‘(2) sexual assault; gional Office of the Bureau that serves more abuse or neglect. ‘‘(3) child abuse; than 1 Indian tribe, an application to enter into ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(4) molestation; a grant, contract, or compact under the Indian There are authorized to be appropriated such ‘‘(5) child sexual exploitation; Self-Determination and Education Assistance sums as are necessary to carry out this section ‘‘(6) sexual contact; Act (25 U.S.C. 450 et seq.) to operate the Center for each of fiscal years 2007 through 2011.’’. ‘‘(7) child neglect; shall contain a consent form signed by an offi- SEC. 13. CONFORMING AMENDMENTS. ‘‘(8) prostitution; or cial of each Indian tribe to be served under the (a) OFFENSES COMMITTED WITHIN INDIAN ‘‘(9) another offense against a child.’’; and grant, contract, or compact. COUNTRY.—Section 1153(a) of title 18, United (3) by adding at the end the following: ‘‘(B) ALASKA REGION.—Notwithstanding sub- ‘‘(d) EFFECT ON CHILD PLACEMENT.—An In- paragraph (A), for Centers located in the Alaska States Code, is amended by inserting ‘‘felony dian tribe that certifies that the tribe has con- Region, an application to enter into a grant, child neglect,’’ after ‘‘robbery,’’. ducted an investigation under this section shall contract, or compact described in that subpara- (b) REPORTING OF CHILD ABUSE.—Section 1169 be considered to have satisfied the background graph shall contain a consent form signed by an of title 18, United States Code, is amended— investigation requirements of any Federal law official of each Indian tribe or tribal consortium (1) in subsection (a)(1)— requiring such an investigation for the place- that is a member of a grant, contract, or com- (A) in subparagraph (B), by inserting ‘‘or vol- ment of an Indian child in a tribally-licensed or pact relating to an Indian child protection and unteering for’’ after ‘‘employed by’’; tribally-approved foster or adoptive home, or an family violence prevention program under the (B) in subparagraph (D)— institution.’’. Indian Self-Determination and Education As- (i) by inserting ‘‘or volunteer’’ after ‘‘child SEC. 9. INDIAN CHILD ABUSE TREATMENT GRANT sistance Act (25 U.S.C. 450 et seq.).’’; and day care worker’’; and PROGRAM. (C) in the third sentence, by striking ‘‘This (ii) by striking ‘‘worker in a group home’’ and Section 409 of the Indian Child Protection and section’’ and inserting the following: inserting ‘‘worker or volunteer in a group Family Violence Prevention Act (25 U.S.C. 3208) ‘‘(3) EFFECT OF SECTION.—This section’’; and home’’; is amended by striking subsection (e) and insert- (7) by striking subsection (h) and inserting the (C) in subparagraph (E), by striking ‘‘or psy- ing the following: following: chological assistant,’’ and inserting ‘‘psycho- ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— logical or psychiatric assistant, or person em- There are authorized to be appropriated such There are authorized to be appropriated such ployed in the mental or behavioral health pro- sums as are necessary to carry out this section sums as are necessary to carry out this section fession;’’; for each of fiscal years 2007 through 2011.’’. for each of fiscal years 2007 through 2011.’’. (D) in subparagraph (F), by striking ‘‘child’’ SEC. 10. INDIAN CHILD RESOURCE AND FAMILY SEC. 11. INDIAN CHILD PROTECTION AND FAMILY and inserting ‘‘individual’’; SERVICES CENTERS. VIOLENCE PREVENTION PROGRAM. (E) by striking subparagraph (G), and insert- Section 410 of the Indian Child Protection and Section 411 of the Indian Child Protection and ing the following: Family Violence Prevention Act (25 U.S.C. 3209) Family Violence Prevention Act (25 U.S.C. 3210) ‘‘(G) foster parent; or’’; and is amended— is amended— (F) in subparagraph (H), by striking ‘‘law en- (1) in subsection (a), by striking ‘‘area office’’ (1) in subsection (c), by striking the subsection forcement officer, probation officer’’ and insert- and inserting ‘‘Regional Office’’; heading and inserting ‘‘COORDINATING INVES- ing ‘‘law enforcement personnel, probation offi- (2) in subsection (b), by striking ‘‘The Sec- TIGATION, TREATMENT, AND PREVENTION OF cer, criminal prosecutor’’; and retary’’ and all that follows through ‘‘Human CHILD ABUSE AND FAMILY VIOLENCE’’; (2) in subsection (c), by striking paragraphs Services’’ and inserting ‘‘The Secretary, the Sec- (2) in subsection (d)(3)— (3) and (4) and inserting the following: retary of Health and Human Services, and the (A) in subparagraph (A), by striking the ‘‘(3) ‘local child protective services agency’ Attorney General’’; comma at the end and inserting a semicolon; has the meaning given the term in section 403 of (3) in subsection (d)— (B) in subparagraph (B), by striking ‘‘, and’’ the Indian Child Protection and Family Vio- (A) in paragraph (4), by inserting ‘‘, State,’’ and inserting ‘‘; and’’; and lence Prevention Act (25 U.S.C. 3202); and (C) in subparagraph (C), by inserting ‘‘with after ‘‘Federal’’; and ‘‘(4) ‘local law enforcement agency’ has the respect to appropriate safety measures for child (B) in paragraph (5), by striking ‘‘agency of- meaning given the term in section 403 of that protection workers carrying out this Act’’ before fice’’ and inserting ‘‘Regional Office’’; Act.’’. (4) in subsection (e)— the semicolon at the end; (A) in paragraph (2), by striking the comma at (3) by redesignating subsections (f) through (i) Mr. FRIST. Mr. President, I ask the end and inserting a semicolon; as subsections (e) through (h), respectively; and unanimous consent that the amend- (B) by striking paragraph (3) and inserting (4) by striking subsection (h) (as redesignated ment at the desk be agreed to, the the following: by paragraph (3)) and inserting the following: committee-reported amendment, as ‘‘(3) adolescent mental and behavioral health ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— amended, be agreed to, the bill, as There are authorized to be appropriated such (including suicide prevention and treatment);’’; amended, be read a third time and (C) in paragraph (4), by striking the period at sums as are necessary to carry out this section for each of fiscal years 2007 through 2011.’’. passed, the motion to reconsider be the end and inserting ‘‘and sexual assault;’’; laid upon the table, and that any state- and SEC. 12. USE OF TELEMEDICINE. (D) by adding at the end the following: The Indian Child Protection and Family Vio- ments relating to the bill be printed in ‘‘(5) criminal prosecution; and lence Prevention Act (25 U.S.C. 3201 et seq.) is the RECORD. ‘‘(6) medicine.’’; amended by adding at the end the following: The PRESIDING OFFICER. Without (5) in subsection (f)— ‘‘SEC. 412. USE OF TELEMEDICINE. objection, it is so ordered. (A) in the first sentence, by striking ‘‘The Sec- ‘‘(a) CONTRACTS AND AGREEMENTS.—The Serv- The amendment (No. 4880) was agreed retary’’ and all that follows through ‘‘Human ice is authorized to enter into any contract or to, as follows: Services’’ and inserting the following: agreement for the use of telemedicine with a ‘‘(1) ESTABLISHMENT.—The Secretary, in con- public or private medical university or facility, On page 24, line 4, strike ‘‘extend’’ and in- sultation with the Service and the Attorney or any private practitioner, with experience re- sert ‘‘extent’’. General’’; lating to pediatrics, including the diagnosis and On page 27, line 16, strike ‘‘or forensic’’ and (B) in the second sentence— treatment of child abuse, to assist the Service insert ‘‘and forensic’’. (i) by striking ‘‘Each’’ and inserting the fol- with respect to— On page 28, line 2, strike ‘‘interviews’’ and lowing ‘‘(1) the diagnosis and treatment of child insert ‘‘interviewers’’. ‘‘(2) MEMBERSHIP.—Each’’; and abuse; or On page 29, strike lines 18 through 24 and (ii) by striking ‘‘shall consist of 7 members’’ ‘‘(2) methods of training Service personnel in insert the following: and inserting ‘‘shall be’’; diagnosing and treating child abuse. ‘‘(d) EFFECT ON CHILD PLACEMENT.—An In- (C) in the third sentence, by striking ‘‘Mem- ‘‘(b) ADMINISTRATION.—In carrying out sub- dian tribe that submits a written statement bers’’ and inserting the following: section (a), the Service shall, to the maximum to the applicable State official documenting ‘‘(3) COMPENSATION.—Members’’; and extent practicable— that the Indian tribe has conducted a back- (D) in the fourth sentence, by striking ‘‘The ‘‘(1) use existing telemedicine infrastructure; ground investigation under this section for advisory’’ and inserting the following: and the placement of an Indian child in a trib- ‘‘(4) DUTIES.—Each advisory’’; ‘‘(2) give priority to Service units and medical ally-licensed or tribally-approved foster care (6) in subsection (g)— facilities operated pursuant to grants, contracts, or adoptive home, or for another out-of-home (A) in the first sentence— or compacts under the Indian Self-Determina- placement, shall be considered to have satis- (i) by striking ‘‘Indian Child’’ and inserting tion and Education Assistance Act (25 U.S.C. fied the background investigation require- the following: 450 et seq.) that are located in, or providing ments of any Federal or State law requiring ‘‘(1) IN GENERAL.—Indian Child’’; and service to, remote areas of Indian country. such an investigation.’’.

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00157 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8882 CONGRESSIONAL RECORD — SENATE August 3, 2006

On page 32, strike lines 8 through 16 and in- crimes, including child abuse, in Indian ‘‘(C) MAINTENANCE OF FINAL REPORTS.—The sert the following: country, pursuant to chapter 53 of title 18, Federal Bureau of Investigation shall main- (A) by striking ‘‘(g)’’ and all that follows United States Code;’’; and tain a record of each written report sub- through ‘‘Indian Child Resource’’ and insert- (B) in paragraph (2)— mitted under this subsection or subsection ing the following: (i) in the matter preceding subparagraph (b) in a manner in which the report is acces- ‘‘(g) APPLICATION OF INDIAN SELF-DETER- (A), by striking ‘‘two’’ and inserting ‘‘the’’; sible to— MINATION AND EDUCATION ASSISTANCE ACT TO (ii) in subparagraph (A), by striking ‘‘and’’ ‘‘(i) a local law enforcement agency that CENTERS.— at the end; requires the information to carry out an offi- ‘‘(1) IN GENERAL.—Indian Child Resource’’; (iii) in subparagraph (B), by striking the cial duty; and (B) in the first sentence, by striking ‘‘Act’’ period at the end and inserting ‘‘; and’’; and ‘‘(ii) any agency requesting the informa- and inserting ‘‘and Education Assistance Act (iv) by adding at the end the following: tion under section 408. (25 U.S.C. 450 et seq.)’’; ‘‘(C) identify and remove any impediment ‘‘(D) REPORT TO CONGRESS.—Not later than (C) by striking the second sentence and in- to the immediate investigation of incidents 1 year after the date of enactment of this serting the following: of child abuse in Indian country.’’; and subsection, and annually thereafter, the Di- On page 33, line 15, strike ‘‘(C)’’ and insert (2) in subsection (b)— rector of the Federal Bureau of Investiga- ‘‘(D)’’. (A) by striking paragraph (3) and inserting tion, in coordination with the Secretary and On page 34, strike lines 1 through 25. the following: the Attorney General, shall submit to the On page 35, strike lines 6 through 11 and in- ‘‘(3) provide for a background investigation Committees on Indian Affairs and the Judici- sert the following: for any employee or volunteer who has ac- ary of the Senate and the Committees on Re- ‘‘(a) DEFINITION OF MEDICAL OR BEHAVIORAL cess to children;’’; and sources and the Judiciary of the House of HEALTH PROFESSIONAL.—In this section, the (B) in paragraph (6), by striking ‘‘Area Of- Representatives a report on child abuse in term ‘medical or behavioral health profes- fice’’ and inserting ‘‘Regional Office’’. Indian country during the preceding year. sional’ means an employee or volunteer of an SEC. 3. DEFINITIONS. ‘‘(E) COLLECTION OF DATA.—Not less fre- organization that provides a service as part Section 403 of the Indian Child Protection quently than once each year, the Secretary, of a comprehensive service program that and Family Violence Prevention Act (25 in consultation with the Secretary of Health combines— U.S.C. 3202) is amended— and Human Services, the Attorney General, ‘‘(1) substance abuse (including abuse of al- (1) by redesignating paragraphs (6) through the Director of the Federal Bureau of Inves- cohol, drugs, inhalants, and tobacco) preven- (18) as paragraphs (7) through (19), respec- tigation, and any Indian tribe, shall— tion and treatment; and tively; ‘‘(i) collect any information concerning ‘‘(2) mental health treatment. (2) by inserting after paragraph (5) the fol- child abuse in Indian country (including re- ‘‘(b) CONTRACTS AND AGREEMENTS.—The lowing: ports under subsection (b)), including infor- Service is authorized to enter into any con- ‘‘(6) ‘final conviction’ means the final judg- mation relating to, during the preceding cal- tract or agreement for the use of telemedi- ment on a verdict or finding of guilty, a plea endar year— cine with a public or private university or fa- of guilty, or a plea of nolo contendere, but ‘‘(I) the number of criminal and civil child cility, including a medical university or fa- does not include a final judgment that has abuse allegations and investigations in In- cility, or any private medical or behavioral been expunged by pardon, reversed, set aside, dian country; health professional, with experience relating or otherwise rendered void;’’; ‘‘(II) the number of child abuse prosecu- to pediatrics, including the diagnosis and (3) in paragraph (13) (as redesignated by tions referred, declined, or deferred in Indian treatment of child abuse, to assist the Serv- paragraph (1)), by striking ‘‘that agency’’ country; ice with respect to— and all that follows through ‘‘Indian tribe’’ ‘‘(III) the number of child victims who are On page 35, line 16, strike ‘‘(b)’’ and insert and inserting ‘‘the Federal, State, or tribal the subject of reports of child abuse in In- ‘‘(c)’’. agency’’; dian country; On page 35, line 17, strike ‘‘(a)’’ and insert (4) in paragraph (14) (as redesignated by ‘‘(IV) sentencing patterns of individuals ‘‘(b)’’. paragraph (1)), by inserting ‘‘(including a convicted of child abuse in Indian country; On page 35, line 25, strike ‘‘(c)’’ and insert and ‘‘(d)’’. tribal law enforcement agency operating pursuant to a grant, contract, or compact ‘‘(V) rates of recidivism with respect to On page 36, lines 1 and 2, strike ‘‘medical child abuse in Indian country; and universities, facilities, and practitioners de- under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et ‘‘(ii) to the maximum extent practicable, scribed in subsection (a)’’ and insert ‘‘univer- reduce the duplication of information collec- sities and facilities, including medical uni- seq.))’’ after ‘‘State law enforcement agen- cy’’; tion under clause (i).’’; and versities and facilities, and medical or be- (2) by adding at the end the following: havioral health professionals described in (5) in paragraph (18) (as redesignated by subsection (b)’’. paragraph (1)), by striking ‘‘and’’ at the end; ‘‘(e) CONFIDENTIALITY OF CHILDREN.—No On page 36, line 5, strike ‘‘(d)’’ and insert (6) in paragraph (19) (as redesignated by local law enforcement agency or local child ‘‘(e)’’. paragraph (1)), by striking the period at the protective services agency shall disclose the On page 36, line 12, strike ‘‘felony child ne- end and inserting ‘‘; and’’; and name of, or information concerning, the (7) by adding at the end the following: glect,’’ and insert ‘‘felony child abuse, felony child to anyone other than— ‘‘(20) ‘telemedicine’ means a telecommuni- child neglect,’’. ‘‘(1) a person who, by reason of the partici- cations link to an end user through the use pation of the person in the treatment of the The committee amendment in the of eligible equipment that electronically child or the investigation or adjudication of nature of a substitute, as amended, was links health professionals or patients and the allegation, needs to know the informa- agreed to. health professionals at separate sites in tion in the performance of the duties of the order to exchange health care information in The bill (S. 1899), as amended, was or- individual; or audio, video, graphic, or other format for the dered to be engrossed for a third read- ‘‘(2) an officer of any other Federal, State, purpose of providing improved health care ing, was read the third time, and or tribal agency that requires the informa- diagnosis and treatment.’’. passed, as follows: tion to carry out the duties of the officer S. 1899 SEC. 4. REPORTING PROCEDURES. under section 406. Section 404 of the Indian Child Protection Be it enacted by the Senate and House of Rep- and Family Violence Prevention Act (25 ‘‘(f) REPORT.—Not later than 1 year after resentatives of the United States of America in U.S.C. 3203) is amended— the date of enactment of this subsection, and Congress assembled, (1) in subsection (c)— annually thereafter, the Secretary shall sub- SECTION 1. SHORT TITLE. (A) in paragraph (1), by striking ‘‘(1) With- mit to the Committees on Indian Affairs and This Act may be cited as the ‘‘Indian Child in’’ and inserting the following: the Judiciary of the Senate and the Commit- Protection and Family Violence Prevention ‘‘(1) IN GENERAL.—Not later than’’; and tees on Resources and the Judiciary of the Act Amendments of 2006’’. (B) in paragraph (2)— House of Representatives a report on child SEC. 2. FINDINGS AND PURPOSE. (i) by striking ‘‘(2)(A) Any’’ and inserting abuse in Indian country during the preceding Section 402 of the Indian Child Protection the following: year. and Family Violence Prevention Act (25 ‘‘(2) INVESTIGATION OF REPORTS.— ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— U.S.C. 3201) is amended— ‘‘(A) IN GENERAL.—Any’’; (1) in subsection (a)— (ii) in subparagraph (B)— There are authorized to be appropriated such (A) in paragraph (1)— (I) by striking ‘‘(B) Upon’’ and inserting sums as are necessary to carry out this sec- (i) by redesignating subparagraphs (E) and the following: tion for each of fiscal years 2007 through (F) as subparagraphs (F) and (G), respec- ‘‘(B) FINAL WRITTEN REPORT.—On’’; and 2011.’’. tively; and (II) by inserting ‘‘including any Federal, SEC. 5. REMOVAL OF IMPEDIMENTS TO REDUC- (ii) by inserting after subparagraph (D) the State, or tribal final conviction, and provide ING CHILD ABUSE. following: to the Federal Bureau of Investigation a ‘‘(E) the Federal Government and certain copy of the report’’ before the period at the Section 405 of the Indian Child Protection State governments are responsible for inves- end; and and Family Violence Prevention Act (25 tigating and prosecuting certain felony (iii) by adding at the end the following: U.S.C. 3204) is amended to read as follows:

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00158 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2006 CONGRESSIONAL RECORD — SENATE S8883 ‘‘SEC. 405. REMOVAL OF IMPEDIMENTS TO RE- SEC. 8. CHARACTER INVESTIGATIONS. ‘‘Human Services’’ and inserting the fol- DUCING CHILD ABUSE. Section 408 of the Indian Child Protection lowing: ‘‘(a) STUDY.—The Secretary, in consulta- and Family Violence Prevention Act (25 ‘‘(1) ESTABLISHMENT.—The Secretary, in tion with the Attorney General and the U.S.C. 3207) is amended— consultation with the Service and the Attor- Service, shall conduct a study under which (1) in subsection (a)— ney General’’; the Secretary shall identify any impediment (A) in paragraph (1)— (B) in the second sentence— to the reduction of child abuse in Indian (i) by inserting ‘‘, including any voluntary (i) by striking ‘‘Each’’ and inserting the country and on Indian reservations. positions,’’ after ‘‘authorized positions’’; and following (ii) by striking the comma at the end and ‘‘(b) INCLUSIONS.—The study under sub- ‘‘(2) MEMBERSHIP.—Each’’; and inserting a semicolon; and section (a) shall include a description of— (ii) by striking ‘‘shall consist of 7 mem- (B) in paragraph (2)— ‘‘(1) any impediment, or recent progress bers’’ and inserting ‘‘shall be’’; (i) by inserting ‘‘(including in a volunteer made with respect to removing impediments, (C) in the third sentence, by striking capacity)’’ after ‘‘considered for employ- to reporting child abuse in Indian country; ‘‘Members’’ and inserting the following: ‘‘(2) any impediment, or recent progress ment’’; and ‘‘(3) COMPENSATION.—Members’’; and made with respect to removing impediments, (ii) by striking ‘‘, and’’ and inserting ‘‘; (D) in the fourth sentence, by striking to Federal, State, and tribal investigations and’’; ‘‘The advisory’’ and inserting the following: and prosecutions of allegations of child (2) in subsection (b), by striking ‘‘guilty ‘‘(4) DUTIES.—Each advisory’’; abuse in Indian country; and to’’ and all that follows and inserting the fol- ‘‘(3) any impediment, or recent progress lowing: ‘‘guilty to, any felony offense under (6) in subsection (g)— made with respect to removing impediments, Federal, State, or tribal law, or 2 or more (A) by striking ‘‘(g)’’ and all that follows to the treatment of child abuse in Indian misdemeanor offenses under Federal, State, through ‘‘Indian Child Resource’’ and insert- country. or tribal law, involving— ing the following: ‘‘(c) REPORT.—Not later than 18 months ‘‘(1) a crime of violence; ‘‘(g) APPLICATION OF INDIAN SELF-DETER- ‘‘(2) sexual assault; after the date of enactment of the Indian MINATION AND EDUCATION ASSISTANCE ACT TO ‘‘(3) child abuse; Child Protection and Family Violence Pre- CENTERS.— ‘‘(4) molestation; vention Act Amendments of 2006, the Sec- ‘‘(1) IN GENERAL.—Indian Child Resource’’; ‘‘(5) child sexual exploitation; retary shall submit to the Committees on In- (B) in the first sentence, by striking ‘‘Act’’ dian Affairs and the Judiciary of the Senate, ‘‘(6) sexual contact; ‘‘(7) child neglect; and inserting ‘‘and Education Assistance Act and the Committees on Resources and the (25 U.S.C. 450 et seq.)’’; Judiciary of the House of Representatives, a ‘‘(8) prostitution; or ‘‘(9) another offense against a child.’’; and (C) by striking the second sentence and in- report describing— serting the following: ‘‘(1) the findings of the study under this (3) by adding at the end the following: ‘‘(2) CERTAIN REGIONAL OFFICES.— section; and ‘‘(d) EFFECT ON CHILD PLACEMENT.—An In- ‘‘(A) IN GENERAL.—Except as provided in ‘‘(2) recommendations for legislative ac- dian tribe that submits a written statement subparagraph (B), if a Center is located in a tions, if any, to reduce instances of child to the applicable State official documenting abuse in Indian country.’’. that the Indian tribe has conducted a back- Regional Office of the Bureau that serves ground investigation under this section for more than 1 Indian tribe, an application to SEC. 6. CONFIDENTIALITY. the placement of an Indian child in a trib- enter into a grant, contract, or compact Section 406 of the Indian Child Protection ally-licensed or tribally-approved foster care under the Indian Self-Determination and and Family Violence Prevention Act (25 or adoptive home, or for another out-of-home Education Assistance Act (25 U.S.C. 450 et U.S.C. 3205) is amended to read as follows: placement, shall be considered to have satis- seq.) to operate the Center shall contain a ‘‘SEC. 406. CONFIDENTIALITY. fied the background investigation require- consent form signed by an official of each In- ‘‘(a) IN GENERAL.—Notwithstanding any ments of any Federal or State law requiring dian tribe to be served under the grant, con- other provision of law, any Federal, State, or such an investigation.’’. tract, or compact. tribal government agency that treats or in- SEC. 9. INDIAN CHILD ABUSE TREATMENT GRANT ‘‘(B) ALASKA REGION.—Notwithstanding vestigates incidents of child abuse may pro- PROGRAM. subparagraph (A), for Centers located in the Section 409 of the Indian Child Protection vide information and records to an officer of Alaska Region, an application to enter into and Family Violence Prevention Act (25 any other Federal, State, or tribal govern- a grant, contract, or compact described in U.S.C. 3208) is amended by striking sub- ment agency that requires the information that subparagraph shall contain a consent to carry out the duties of the officer, in ac- section (e) and inserting the following: ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— form signed by an official of each Indian cordance with section 552a of title 5, United tribe or tribal consortium that is a member States Code, section 361 of the Public Health There are authorized to be appropriated such sums as are necessary to carry out this sec- of a grant, contract, or compact relating to Service Act (42 U.S.C. 264), the Family Edu- an Indian child protection and family vio- cational Rights and Privacy Act of 1974 (20 tion for each of fiscal years 2007 through lence prevention program under the Indian U.S.C. 1232g), part C of title XI of the Social 2011.’’. Self-Determination and Education Assist- Security Act (42 U.S.C. 1320d et seq.), and SEC. 10. INDIAN CHILD RESOURCE AND FAMILY ance Act (25 U.S.C. 450 et seq.).’’; and other applicable Federal law. SERVICES CENTERS. Section 410 of the Indian Child Protection (D) in the third sentence, by striking ‘‘This ‘‘(b) TREATMENT OF INDIAN TRIBES.—For and Family Violence Prevention Act (25 section’’ and inserting the following: purposes of this section, an Indian tribal U.S.C. 3209) is amended— ‘‘(3) EFFECT OF SECTION.—This section’’; government shall be considered to be an en- (1) in subsection (a), by striking ‘‘area of- and tity of the Federal Government.’’. fice’’ and inserting ‘‘Regional Office’’; (7) by striking subsection (h) and inserting SEC. 7. WAIVER OF PARENTAL CONSENT. (2) in subsection (b), by striking ‘‘The Sec- the following: Section 407 of the Indian Child Protection retary’’ and all that follows through ‘‘Human ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— and Family Violence Prevention Act (25 Services’’ and inserting ‘‘The Secretary, the U.S.C. 3206) is amended— Secretary of Health and Human Services, There are authorized to be appropriated such (1) in subsection (a), by inserting ‘‘and fo- and the Attorney General’’; sums as are necessary to carry out this sec- rensic’’ after ‘‘psychological’’; and (3) in subsection (d)— tion for each of fiscal years 2007 through (2) by striking subsection (c) and inserting (A) in paragraph (4), by inserting ‘‘, State,’’ 2011.’’. the following: after ‘‘Federal’’; and SEC. 11. USE OF TELEMEDICINE. ‘‘(c) PROTECTION OF CHILD.—Any examina- (B) in paragraph (5), by striking ‘‘agency tion or interview of a child who may have office’’ and inserting ‘‘Regional Office’’; The Indian Child Protection and Family been the subject of child abuse shall— (4) in subsection (e)— Violence Prevention Act (25 U.S.C. 3201 et ‘‘(1) be conducted under such cir- (A) in paragraph (2), by striking the seq.) is amended by adding at the end the fol- cumstances and using such safeguards as are comma at the end and inserting a semicolon; lowing: necessary to minimize additional trauma to (B) by striking paragraph (3) and inserting the child; the following: ‘‘SEC. 412. USE OF TELEMEDICINE. ‘‘(2) avoid, to the maximum extent prac- ‘‘(3) adolescent mental and behavioral ‘‘(a) DEFINITION OF MEDICAL OR BEHAVIORAL ticable, subjecting the child to multiple health (including suicide prevention and HEALTH PROFESSIONAL.—In this section, the interviewers during the examination and treatment);’’; term ‘medical or behavioral health profes- interview processes; and (C) in paragraph (4), by striking the period ‘‘(3) as time permits, be conducted using at the end and inserting ‘‘and sexual as- sional’ means an employee or volunteer of an advice from, or under the guidance of— sault;’’; and organization that provides a service as part ‘‘(A) a local multidisciplinary team estab- (D) by adding at the end the following: of a comprehensive service program that lished under section 411; or ‘‘(5) criminal prosecution; and combines— ‘‘(B) if a local multidisciplinary team is ‘‘(6) medicine.’’; ‘‘(1) substance abuse (including abuse of al- not established under section 411, a multi- (5) in subsection (f)— cohol, drugs, inhalants, and tobacco) preven- disciplinary team established under section (A) in the first sentence, by striking ‘‘The tion and treatment; and 410.’’. Secretary’’ and all that follows through ‘‘(2) mental health treatment.

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00159 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8884 CONGRESSIONAL RECORD — SENATE August 3, 2006 ‘‘(b) CONTRACTS AND AGREEMENTS.—The PRESERVING EXISTING JUDGE- (1) by redesignating subsection (g) as sub- Service is authorized to enter into any con- SHIPS ON THE SUPERIOR COURT section (h); and tract or agreement for the use of telemedi- OF THE DISTRICT OF COLUMBIA (2) by inserting after subsection (f) the fol- lowing: cine with a public or private university or fa- Mr. FRIST. Mr. President, I ask cility, including a medical university or fa- ‘‘(g) STANDARDS FOR STATE AND LOCAL unanimous consent that the Senate EMERGENCY PREPAREDNESS OPERATIONAL cility, or any private medical or behavioral proceed to the immediate consider- PLANS.—In approving standards for State health professional, with experience relating ation of Calendar No. 559, S. 2068. and local emergency preparedness oper- to pediatrics, including the diagnosis and The PRESIDING OFFICER. The ational plans pursuant to subsection (b)(3), treatment of child abuse, to assist the Serv- clerk will report the bill by title. the Director shall ensure that such plans ice with respect to— The legislative clerk read as follows: take into account the needs of individuals ‘‘(1) the diagnosis and treatment of child with household pets and service animals A bill (S. 2068) to preserve existing judge- abuse; or prior to, during, and following a major dis- ships on the Superior Court of the District of ‘‘(2) methods of training Service personnel aster or emergency.’’. Columbia. in diagnosing and treating child abuse. SEC. 3. EMERGENCY PREPAREDNESS MEASURES There being no objection, the Senate ‘‘(c) ADMINISTRATION.—In carrying out sub- OF THE DIRECTOR. proceeded to consider the bill. Section 611 of the Robert T. Stafford Dis- section (b), the Service shall, to the max- Mr. FRIST. Mr. President, I ask imum extent practicable— aster Relief and Emergency Assistance Act ‘‘(1) use existing telemedicine infrastruc- unanimous consent that the bill be (42 U.S.C. 5196) is amended— ture; and read a third time and passed, the mo- (1) in subsection (e)— ‘‘(2) give priority to Service units and med- tion to reconsider be laid upon the (A) in paragraph (2), by striking ‘‘and’’ at ical facilities operated pursuant to grants, table, and that any statements relating the end; (B) in paragraph (3), by striking the period contracts, or compacts under the Indian to the bill be printed in the RECORD. Self-Determination and Education Assist- The PRESIDING OFFICER. Without and inserting ‘‘; and’’; and ance Act (25 U.S.C. 450 et seq.) that are lo- (C) by adding at the end the following: objection, it is so ordered. ‘‘(4) plans that take into account the needs cated in, or providing service to, remote The bill (S. 2068) was ordered to be areas of Indian country. of individuals with pets and service animals engrossed for a third reading, was read prior to, during, and following a major dis- ‘‘(d) INFORMATION AND CONSULTATION.—On the third time, and passed, as follows: aster or emergency.’’; and receipt of a request, for purposes of this sec- S. 2068 (2) in subsection (j)— tion, the Service may provide to public and Be it enacted by the Senate and House of Rep- (A) by redesignating paragraphs (2) private universities and facilities, including resentatives of the United States of America in through (8) as paragraphs (3) through (9), re- medical universities and facilities, and med- Congress assembled, spectively; and ical or behavioral health professionals de- SECTION 1. COMPOSITION OF SUPERIOR COURT. (B) by inserting after paragraph (1) the fol- scribed in subsection (b) any information or Section 903 of title 11 of the District of Co- lowing: ‘‘(2) The Director may make financial con- consultation on the treatment of Indian chil- lumbia Code is amended by striking ‘‘fifty- tributions, on the basis of programs or dren who have, or may have, been subject to eight’’ and inserting ‘‘61’’. projects approved by the Director, to the abuse or neglect. f States and local authorities for animal ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— PETS EVACUATION AND TRANS- emergency preparedness purposes, including There are authorized to be appropriated such PORTATION STANDARDS ACT OF the procurement, construction, leasing, or sums as are necessary to carry out this sec- 2005 renovating of emergency shelter facilities and materials that will accommodate people tion for each of fiscal years 2007 through Mr. FRIST. Mr. President, I ask 2011.’’. with pets and service animals.’’. unanimous consent that the Com- SEC. 4. PROVIDING ESSENTIAL ASSISTANCE TO SEC. 12. CONFORMING AMENDMENTS. mittee on Homeland Security and Gov- INDIVIDUALS WITH HOUSEHOLD PETS AND SERVICE ANIMALS FOL- (a) OFFENSES COMMITTED WITHIN INDIAN ernmental Affairs be discharged from further consideration of H.R. 3858 and LOWING A DISASTER. COUNTRY.—Section 1153(a) of title 18, United Section 403(a)(3) of the Robert T. Stafford States Code, is amended by inserting ‘‘felony the Senate proceed to its immediate Disaster Relief and Emergency Assistance child abuse, felony child neglect,’’ after consideration. Act (42 U.S.C. 5170b(a)(3)) is amended— ‘‘robbery,’’. The PRESIDING OFFICER. Without (1) in subparagraph (H), by striking ‘‘and’’ objection, it is so ordered. The clerk (b) REPORTING OF CHILD ABUSE.—Section at the end; 1169 of title 18, United States Code, is amend- will report the bill by title. (2) in subparagraph (I), by striking the pe- The legislative clerk read as follows: riod and inserting ‘‘; and’’; and ed— (3) by adding at the end the following: (1) in subsection (a)(1)— A bill (H.R. 3858) to amend the Robert T. ‘‘(J) provision of rescue, care, shelter, and (A) in subparagraph (B), by inserting ‘‘or Stafford Disaster Relief and Emergency As- essential needs— volunteering for’’ after ‘‘employed by’’; sistance Act to ensure that State and local ‘‘(i) to individuals with household pets and (B) in subparagraph (D)— emergency preparedness operational plans service animals; and (i) by inserting ‘‘or volunteer’’ after ‘‘child address the needs of individuals with house- ‘‘(ii) to such pets and animals.’’. day care worker’’; and hold pets and service animals following a (ii) by striking ‘‘worker in a group home’’ major disaster or emergency. The amendment was ordered to be and inserting ‘‘worker or volunteer in a There being no objection, the Senate engrossed and the bill to be read a group home’’; proceeded to consider the bill. third time. (C) in subparagraph (E), by striking ‘‘or Mr. FRIST. I ask unanimous consent The bill (H.R. 3858), as amended, was psychological assistant,’’ and inserting ‘‘psy- that the amendment at the desk be read the third time and passed. chological or psychiatric assistant, or person agreed to, the bill, as amended, be read f employed in the mental or behavioral health a third time and passed, the motion to profession;’’; (D) in subparagraph (F), by striking reconsider be laid upon the table, and VETERANS’ CHOICE OF ‘‘child’’ and inserting ‘‘individual’’; any statements relating to the meas- REPRESENTATION ACT OF 2006 ure be printed in the RECORD. (E) by striking subparagraph (G), and in- Mr. FRIST. I ask unanimous consent serting the following: The PRESIDING OFFICER. Without ‘‘(G) foster parent; or’’; and objection, it is so ordered. that the Senate proceed to the imme- (F) in subparagraph (H), by striking ‘‘law The amendment (No. 4881) was agreed diate consideration of Calendar No. 540, enforcement officer, probation officer’’ and to, as follows: S. 2694. inserting ‘‘law enforcement personnel, pro- Strike all after the enacting clause and in- The PRESIDING OFFICER. The bation officer, criminal prosecutor’’; and sert the following: clerk will report the bill by title. (2) in subsection (c), by striking para- SECTION 1. SHORT TITLE. The legislative clerk read as follows: graphs (3) and (4) and inserting the following: This Act may be cited as the ‘‘Pets Evacu- A bill (S. 2694) to amend title 38, United ‘‘(3) ‘local child protective services agency’ ation and Transportation Standards Act of States Code, to remove certain limitations has the meaning given the term in section 2006’’. on attorney representation of claimants for 403 of the Indian Child Protection and Fam- SEC. 2. STANDARDS FOR STATE AND LOCAL veterans benefits in administrative pro- ily Violence Prevention Act (25 U.S.C. 3202); EMERGENCY PREPAREDNESS OPER- ceedings before the Department of Veterans and ATIONAL PLANS. Affairs, and for other purposes. ‘‘(4) ‘local law enforcement agency’ has the Section 613 of the Robert T. Stafford Dis- meaning given the term in section 403 of that aster Relief and Emergency Assistance Act There being no objection, the Senate Act.’’. (42 U.S.C. 5196b) is amended— proceeded to consider the bill, which

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00160 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2006 CONGRESSIONAL RECORD — SENATE S8885 had been reported from the Committee Sec. 511. Financial assistance for supportive (B) by adding at the end the following new on Veterans’ Affairs with an amend- services for very low-income vet- subsection: ment to strike all after the enacting eran families in permanent hous- ‘‘(b) SUSPENSION.—An individual recognized clause and insert in lieu thereof the ing. under this section shall be subject to the provi- TITLE VI—MISCELLANEOUS BENEFITS sions of section 5904(b) of this title on the same following: basis as an individual recognized under section Sec. 601. Residential cooperative housing units. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 5904(a) of this title.’’. Sec. 602. Increase in supplemental insurance for (a) SHORT TITLE.—This Act may be cited as (b) ADDITIONAL BASES FOR SUSPENSION OF IN- totally disabled veterans. the ‘‘Veterans’ Choice of Representation and DIVIDUALS.—Subsection (b) of section 5904 of Benefits Enhancement Act of 2006’’. Sec. 603. Reauthorization of use of certain in- formation from other agencies. such title is amended— (b) TABLE OF CONTENTS.—The table of con- (1) in paragraph (4), by striking ‘‘or’’ at the tents of this Act is as follows: Sec. 604. Clarification of correctional facilities covered by certain provisions of end; Sec. 1. Short title; table of contents. law. (2) in paragraph (5), by striking the period TITLE I—VETERANS’ REPRESENTATION and inserting a semicolon; and TITLE I—VETERANS’ REPRESENTATION (3) by adding at the end the following new Sec. 101. Attorney representation in veterans SEC. 101. ATTORNEY REPRESENTATION IN VET- paragraphs: benefits cases before the Depart- ERANS BENEFITS CASES BEFORE ‘‘(6) has presented frivolous claims, issues, or ment of Veterans Affairs. THE DEPARTMENT OF VETERANS AF- arguments to the Department; or FAIRS. TITLE II—MEMORIAL AFFAIRS ‘‘(7) has failed to comply with any other con- (a) QUALIFICATIONS AND STANDARDS OF CON- Sec. 201. Eligibility of Indian tribal organiza- dition specified by the Secretary in regulations DUCT FOR INDIVIDUALS RECOGNIZED AS AGENTS tions for grants for the establish- prescribed by the Secretary for purposes of this OR ATTORNEYS.— ment of veterans cemeteries on subsection.’’. (1) ADDITIONAL QUALIFICATIONS AND STAND- trust lands. (c) REPEAL OF LIMITATION ON HIRING AGENTS ARDS FOR AGENTS AND ATTORNEYS GENERALLY.— Sec. 202. Removal of remains of Russell Wayne OR ATTORNEYS.—Subsection (c) of section 5904 Subsection (a) of section 5904 of title 38, United Wagner from Arlington National of such title is amended by striking paragraph States Code, is amended— Cemetery. (1). (A) by inserting ‘‘(1)’’ after ‘‘(a)’’; Sec. 203. Provision of government markers for (d) MODIFICATION OF REQUIREMENTS TO FILE (B) by striking the second sentence; and marked graves of veterans at pri- ATTORNEY FEE AGREEMENTS.—Such subsection (C) by adding at the end the following new vate cemeteries. is further amended— paragraphs: (1) by redesignating paragraph (2) as para- TITLE III—EDUCATION MATTERS ‘‘(2) The Secretary may prescribe in regula- graph (1); and Sec. 301. Expansion of education programs eli- tions qualifications and standards of conduct (2) in that paragraph, as so redesignated— gible for accelerated payment of for individuals recognized under this section, in- (A) by striking ‘‘in a case referred to in para- educational assistance under the cluding a requirement that, before being recog- graph (1) of this subsection’’; Montgomery GI bill. nized, an individual— Sec. 302. Accelerated payment of survivors’ and ‘‘(A) show that such individual is of good (B) by striking ‘‘after the Board first makes a dependents’ educational assist- moral character and in good repute, is qualified final decision in the case’’; ance for certain programs of edu- to render claimants valuable service, and is oth- (C) by striking ‘‘with the Board at such time cation. erwise competent to assist claimants in pre- as may be specified by the Board’’ and inserting Sec. 303. Reimbursement of expenses for State senting claims; ‘‘with the Secretary pursuant to regulations approving agencies in the admin- ‘‘(B) has such level of experience and special- prescribed by the Secretary’’; and istration of educational benefits. ized training as the Secretary shall specify; and (D) by striking the second and third sen- Sec. 304. Modification of requirement for report- ‘‘(C) certifies to the Secretary that the indi- tences. ing on educational assistance pro- vidual has satisfied any qualifications and (e) ATTORNEY FEES.—Such subsection is fur- gram. standards prescribed by the Secretary under this ther amended by inserting after paragraph (1), as redesignated by subsection (d)(1) of this sec- TITLE IV—HEALTH MATTERS section. ‘‘(3) The Secretary may prescribe in regula- tion, the following new paragraph (2): Sec. 401. Parkinson’s Disease Research, Edu- tions reasonable restrictions on the amount of ‘‘(2)(A) The Secretary, upon the Secretary’s cation, Clinical Centers, and Mul- fees that an agent or attorney may charge a own motion or at the request of the claimant, tiple Sclerosis Centers of Excel- claimant for services rendered in the prepara- may review a fee agreement filed pursuant to lence. tion, presentation, and prosecution of a claim paragraph (1) and may order a reduction in the Sec. 402. Repeal of term of office for the Under before the Department. fee called for in the agreement if the Secretary Secretary for Health and the ‘‘(4)(A) The Secretary may, on a periodic finds that the fee is excessive or unreasonable. Under Secretary for Benefits. basis, collect a registration fee from individuals ‘‘(B) A finding or order of the Secretary under Sec. 403. Modifications to existing State home recognized as agents or attorneys under this sec- subparagraph (A) may be reviewed by the Board authorities. tion. of Veterans’ Appeals under section 7104 of this Sec. 404. Office of Rural Health. ‘‘(B) The Secretary shall prescribe the amount title.’’. Sec. 405. Pilot program on improvement of care- and frequency of collection of such fees. The (f) REPEAL OF PENALTY FOR CERTAIN ACTS.— giver assistance services. amount of such fees may include an amount, as Section 5905 of such title is amended by striking TITLE V—HOMELESS VETERANS specified by the Secretary, necessary to defray ‘‘(1)’’ and all that follows through ‘‘(2)’’. ASSISTANCE the costs to the Department in recognizing indi- (g) EFFECTIVE DATE.— Sec. 501. Reaffirmation of National goal to end viduals under this section, in administering the (1) IN GENERAL.—The amendments made by homelessness among veterans. collection of such fees, in administering the pay- this section shall take effect six months after the Sec. 502. Sense of Congress on the response of ment of fees under subsection (d), and in con- date of the enactment of this Act. the Federal Government to the ducting oversight of agents or attorneys. (2) REGULATIONS.—The Secretary shall pre- needs of homeless veterans. ‘‘(C) Amounts so collected shall be deposited scribe the regulations, if any, to be prescribed Sec. 503. Authority to make grants for com- in the account from which amounts for such under the amendments made by subsection (a) prehensive service programs for costs were derived, merged with amounts in such not later than the date specified in paragraph homeless veterans. account, and available for the same purpose, (1). Sec. 504. Extension of treatment and rehabilita- and subject to the same conditions and limita- (3) CLAIMS.—The amendments made by sub- tion for seriously mentally ill and tions, as amounts in such account.’’. sections (b), (c), (d), and (e) shall apply to homeless veterans. (2) APPLICABILITY TO REPRESENTATIVES OF claims submitted on or after the date specified in Sec. 505. Extension of authority for transfer of VETERANS SERVICE ORGANIZATIONS.—Section paragraph (1). properties obtained through fore- 5902(b) of such title is amended— TITLE II—MEMORIAL AFFAIRS closure of home mortgages. (A) by redesignating paragraphs (1) and (2) as SEC. 201. ELIGIBILITY OF INDIAN TRIBAL ORGA- Sec. 506. Extension of funding for grant pro- subparagraphs (A) and (B), respectively; NIZATIONS FOR GRANTS FOR THE gram for homeless veterans with (B) by inserting ‘‘(1)’’ after ‘‘(b)’’; and ESTABLISHMENT OF VETERANS special needs. (C) by adding at the end the following new CEMETERIES ON TRUST LANDS. Sec. 507. Extension of funding for homeless vet- paragraph: Section 2408 of title 38, United States Code, is eran service provider technical as- ‘‘(2) An individual recognized under this sec- amended by adding at the end the following sistance program. tion shall be subject to the provisions of section new subsection: Sec. 508. Additional element in annual report 5904(b) of this title on the same basis as an indi- ‘‘(f)(1) The Secretary may make grants under on assistance to homeless vet- vidual recognized under section 5904(a) of this this subsection to any tribal organization to as- erans. title.’’. sist the tribal organization in establishing, ex- Sec. 509. Advisory committee on homeless vet- (3) APPLICABILITY TO INDIVIDUALS RECOGNIZED panding, or improving veterans’ cemeteries on erans. FOR PARTICULAR CLAIMS.—Section 5903 of such trust land owned by, or held in trust for, the Sec. 510. Rental assistance vouchers for Vet- title is amended— tribal organization. erans Affairs supported housing (A) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘(2) Grants under this subsection shall be program. ‘‘The Secretary’’; and made in the same manner, and under the same

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conditions, as grants to States are made under (d) PLACEMENT OF HEADSTONE OR MARKER.— ble person, be paid on an accelerated basis in the preceding provisions of this section. The second sentence of subsection (d)(1) of such accordance with this section. ‘‘(3) In this subsection: section 2306, as amended by subsection ‘‘(b) An eligible person described in this sub- ‘‘(A) The term ‘tribal organization’ has the (c)(1)(A)(ii) of this section, is further amended section is an individual who is— meaning given that term in section 3765(4) of by inserting before the period the following: ‘‘, ‘‘(1) enrolled in either— this title. or, if placement on the grave is impossible or im- ‘‘(A) an approved program of education that ‘‘(B) The term ‘trust land’ has the meaning practicable, as close as possible to the grave leads to employment in a high technology occu- given that term in section 3765(1) of this title.’’. within the grounds of the cemetery in which the pation in a high technology industry (as deter- SEC. 202. REMOVAL OF REMAINS OF RUSSELL grave is located’’. mined pursuant to regulations prescribed by the WAYNE WAGNER FROM ARLINGTON (e) DELIVERY OF HEADSTONE OR MARKER.— Secretary); or NATIONAL CEMETERY. Subsection (d)(2) of such section 2306, as amend- ‘‘(B) an approved program of education last- (a) FINDINGS.—Congress makes the following ed by subsection (c)(1)(B) of this section, is fur- ing less than two years that (as so determined) findings: ther amended by inserting before the period the leads to employment in the— (1) Arlington National Cemetery is a National following: ‘‘or to a receiving agent for delivery Shrine that memorializes the honorable service to the cemetery’’. ‘‘(i) transportation sector of the economy; of men and women who have defended the free- (f) REPEAL OF OBSOLETE REPORT REQUIRE- ‘‘(ii) construction sector of the economy; doms that all the people of the United States MENT.—Subsection (d) of such section 2306 is ‘‘(iii) hospitality sector of the economy; or enjoy. further amended by striking paragraph (4). ‘‘(iv) energy sector of the economy; and (2) The inclusion among the honored dead of (g) SCOPE OF HEADSTONES AND MARKERS FUR- ‘‘(2) charged tuition and fees for the program the remains of persons who have committed par- NISHED.—Subsection (d) of such section 2306 is of education that, when divided by the number ticularly notorious, heinous acts brings dishonor further amended by inserting after paragraph of months (and fractions thereof) in the enroll- to the deceased and disrespect to their loved (2) the following new paragraph (3): ment period, exceeds the amount equal to 200 ones. ‘‘(3) In furnishing headstones and markers percent of the monthly rate of educational as- (3) The removal of the remains of a person under this subsection, the Secretary shall permit sistance allowance otherwise payable with re- who has committed a heinous act would not be the individual making the request for a head- spect to the individual under section 3531 of this an act of punishment against that person, but stone or marker to select among any headstone title. rather an act that would preserve the sacred- or marker in the complete product line of Gov- ‘‘(c)(1) The amount of the accelerated pay- ness of cemetery grounds. ernment headstones and markers.’’. ment of educational assistance payable with re- (4) In November of 1997, section 2411 of title (h) RETROACTIVE EFFECTIVE DATE.—The spect to an eligible person making an election 38, United States Code, was enacted to, among amendments made by subsections (a) through under subsection (a) for a program of education other things, deny burial eligibility in Arlington (g) shall take effect as if included in the enact- shall be the lesser of— National Cemetery to any person convicted of a ment of section 502 of the Veterans Education State capital crime for which the person was and Benefits Expansion Act of 2001 (Public Law ‘‘(A) the amount equal to 60 percent of the es- sentenced to death or life imprisonment without 107–103; 115 Stat. 976). tablished charges for the program of education; or parole. In January of 2006, section 2411 of such TITLE III—EDUCATION MATTERS title was amended by section 662 of the National ‘‘(B) the aggregate amount of educational as- SEC. 301. EXPANSION OF EDUCATION PROGRAMS sistance allowance to which the individual re- Defense Authorization Act for Fiscal Year 2006 ELIGIBLE FOR ACCELERATED PAY- (Public Law 109–163) to remove parole eligibility mains entitled under this chapter at the time of MENT OF EDUCATIONAL ASSIST- the payment. as a loophole through which convicted capital ANCE UNDER THE MONTGOMERY GI offenders could retain eligibility for interment at BILL. ‘‘(2) In this subsection, the term ‘established Arlington National Cemetery. (a) IN GENERAL.—Subsection (b) of section charges’, in the case of a program of education, (5) According to Arlington National Cemetery 3014A of title 38, United States Code, is amended means the actual charges (as determined pursu- officials, the remains of only one capital of- by striking paragraph (1) and inserting the fol- ant to regulations prescribed by the Secretary) fender, Russell Wayne Wagner, have been in- lowing new paragraph (1): for tuition and fees which similarly terred in Arlington National Cemetery since No- ‘‘(1) enrolled in either— circumstanced nonveterans enrolled in the pro- vember of 1997. ‘‘(A) an approved program of education that gram of education would be required to pay. Es- (b) REMOVAL OF REMAINS.— leads to employment in a high technology occu- tablished charges shall be determined on the fol- (1) REMOVAL.—The Secretary of the Army pation in a high technology industry (as deter- lowing basis: shall remove the remains of Russell Wayne Wag- mined pursuant to regulations prescribed by the ‘‘(A) In the case of an individual enrolled in ner from Arlington National Cemetery. Secretary); or a program of education offered on a term, quar- (2) NOTIFICATION OF NEXT-OF-KIN.—The Sec- ‘‘(B) an approved program of education last- ter, or semester basis, the tuition and fees retary of the Army shall— ing less than two years that (as so determined) charged the individual for the term, quarter, or (A) notify the next-of-kin of record for Russell leads to employment in— semester. Wayne Wagner of the impending removal of his ‘‘(i) the transportation sector of the economy; ‘‘(B) In the case of an individual enrolled in remains; and ‘‘(ii) the construction sector of the economy; a program of education not offered on a term, (B) upon removal, relinquish the remains to ‘‘(iii) the hospitality sector of the economy; or quarter, or semester basis, the tuition and fees the next-of-kin of record for Russell Wayne ‘‘(iv) the energy sector of the economy.’’. charged the individual for the entire program of Wagner or, if the next-of-kin of record for Rus- (b) CONFORMING AMENDMENTS.— education. sell Wayne Wagner is unavailable, arrange for (1) HEADING AMENDMENT.—The heading of ‘‘(3) The educational institution providing the an appropriate disposition of the remains. such section is amended to read as follows: program of education for which an accelerated SEC. 203. PROVISION OF GOVERNMENT MARKERS ‘‘§ 3014A. Accelerated payment of basic edu- payment of educational assistance allowance is FOR MARKED GRAVES OF VETERANS cational assistance’’. elected by an eligible person under subsection AT PRIVATE CEMETERIES. (2) CLERICAL AMENDMENT.—The item relating (a) shall certify to the Secretary the amount of (a) IN GENERAL.—Section 502(d) of the Vet- to such section in the table of sections at the be- the established charges for the program of edu- erans Education and Benefits Expansion Act of ginning of chapter 30 of such title is amended to cation. 2001 (Public Law 107–103; 38 U.S.C. 2306 note), read as follows: ‘‘(d) An accelerated payment of educational as amended by section 203 of the Veterans Bene- assistance allowance made with respect to an el- fits Act of 2002 (Public Law 107–330), is amended ‘‘3014A. Accelerated payment of basic edu- igible person under this section for a program of by striking ‘‘September 11, 2001’’ and inserting cational assistance.’’. education shall be made not later than the last ‘‘November 1, 1990’’. (c) EFFECTIVE DATE.—The amendments made day of the month immediately following the (b) REPEAL OF EXPIRATION OF AUTHORITY.— by this section shall take effect on October 1, month in which the Secretary receives a certifi- Subsection (d) of section 2306 of title 38, United 2007. Such amendments shall only apply to en- cation from the educational institution regard- States Code, is amended by striking paragraph rollments that begin on or after such date. ing— (3). (d) SUNSET.—The amendments made by this (c) PROVISION OF HEADSTONE OR MARKER.— section shall expire on September 30, 2011. ‘‘(1) the person’s enrollment in and pursuit of (1) IN GENERAL.—Subsection (d) of such sec- SEC. 302. ACCELERATED PAYMENT OF SUR- the program of education; and tion 2306 is further amended— VIVORS’ AND DEPENDENTS’ EDU- ‘‘(2) the amount of the established charges for (A) in paragraph (1)— CATIONAL ASSISTANCE FOR CER- the program of education. TAIN PROGRAMS OF EDUCATION. (i) in the first sentence, by striking ‘‘Govern- ‘‘(e)(1) Except as provided in paragraph (2), (a) IN GENERAL.—Subchapter IV of chapter 35 ment marker’’ and inserting ‘‘Government head- for each accelerated payment of educational as- of title 38, United States Code, is amended by in- stone or marker’’; and sistance allowance made with respect to an eli- serting after section 3532 the following new sec- (ii) in the second sentence, by inserting gible person under this section, the person’s en- tion: ‘‘headstone or’’ before ‘‘marker’’ each place it titlement to educational assistance under this appears; and ‘‘§ 3532A. Accelerated payment of educational chapter shall be charged the number of months (B) in paragraph (2), by inserting ‘‘headstone assistance allowance (and any fraction thereof) determined by divid- or’’ before ‘‘marker’’. ‘‘(a) The educational assistance allowance ing the amount of the accelerated payment by (2) CONFORMING AMENDMENT.—Subsection payable under section 3531 of this title with re- the full-time monthly rate of educational assist- (g)(3) of such section 2306 is amended by insert- spect to an eligible person described in sub- ance allowance otherwise payable with respect ing ‘‘headstone or’’ before ‘‘marker’’. section (b) may, upon the election of such eligi- to the person under section 3531 of this title as

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00162 Fmt 4637 Sfmt 6333 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2006 CONGRESSIONAL RECORD — SENATE S8887 of the beginning date of the enrollment period TITLE IV—HEALTH MATTERS ‘‘(F) the capability to jointly develop a con- for the program of education for which the ac- SEC. 401. PARKINSON’S DISEASE RESEARCH, EDU- sortium of providers with interest in treating celerated payment is made. CATION, CLINICAL CENTERS, AND neurodegenerative diseases, including Parkin- ‘‘(2) If the monthly rate of educational assist- MULTIPLE SCLEROSIS CENTERS OF son’s disease, and other movement disorders, or ance allowance otherwise payable with respect EXCELLENCE. multiple sclerosis in the case of Multiple Scle- to an eligible person under section 3531 of this (a) REQUIREMENT FOR ESTABLISHMENT OF rosis Centers, at facilities without such centers title increases during the enrollment period of a CENTERS.— in order to ensure better access to state of the program of education for which an accelerated (1) IN GENERAL.—Subchapter II of chapter 73 art diagnosis, care, and education for payment of educational assistance allowance is of title 38, United States Code, is amended by neurodegenerative disorders, or in the case of made under this section, the charge to the per- adding at the end the following new section: Multiple Sclerosis Centers, autoimmune disease son’s entitlement to educational assistance ‘‘§ 7329. Parkinson’s disease research, edu- affecting the central nervous system throughout under this chapter shall be determined by pro- cation, and clinical centers and multiple the health care system; and rating the entitlement chargeable, in the manner sclerosis centers of excellence ‘‘(G) the capability to develop a national re- provided for under paragraph (1), for the peri- ‘‘(a) DESIGNATION.—The Secretary, upon the pository in the health care system for the collec- ods covered by the initial rate and increased recommendation of the Under Secretary for tion of data on health services delivered to vet- rate, respectively, in accordance with regula- Health and pursuant to the provisions of this erans seeking care for neurodegenerative dis- tions prescribed by the Secretary. section, shall— eases, including Parkinson’s disease, and other ‘‘(f) The Secretary may not make an acceler- ‘‘(1) designate— movement disorders, or in the case of Multiple ated payment of educational assistance allow- ‘‘(A) at least 6 Department health care facili- Sclerosis Centers, autoimmune disease affecting ance under this section for a program of edu- ties as the locations for centers of Parkinson’s the central nervous system. cation with respect to an eligible person who disease research, education, and clinical activi- ‘‘(d) PANEL.—(1) The Under Secretary for has received an advance payment under section ties and (subject to the appropriation of suffi- Health shall establish a panel to assess the sci- 3680(d) of this title for the same enrollment pe- cient funds for such purpose); and entific and clinical merit of proposals that are riod. ‘‘(B) at least 2 Department health care facili- submitted to the Secretary for the establishment ‘‘(g) The Secretary shall prescribe regulations ties as the locations for Multiple Sclerosis Cen- of new centers under this section. to carry out this section. The regulations shall ters of Excellence (subject to the appropriation ‘‘(2)(A) The membership of the panel shall include requirements, conditions, and methods of sufficient funds for such purpose); and consist of experts in neurodegenerative diseases, ‘‘(2) establish and operate such centers at for the request, issuance, delivery, certification including Parkinson’s disease and other move- such locations in accordance with this section. of receipt and use, and recovery of overpayment ment disorders, and, in the case of Multiple ‘‘(b) EXISTING FACILITIES; GEOGRAPHIC DIS- of an accelerated payment of educational assist- Sclerosis Centers, experts in autoimmune disease TRIBUTION.—In designating locations for centers ance allowance under this section. The regula- affecting the central nervous system. under subsection (a), the Secretary, upon the tions may include such elements of the regula- recommendation of the Under Secretary for ‘‘(B) Members of the panel shall serve as con- tions prescribed under section 3014A of this title Health, shall— sultants to the Department for a period of no as the Secretary considers appropriate for pur- ‘‘(1) designate each Department health care longer than 2 years except in the case of panel- poses of this section.’’. facility that, as of January 1, 2005, was oper- ists asked to serve on the initial panel as speci- (b) CLERICAL AMENDMENT.—The table of sec- ating a Parkinson’s Disease Research, Edu- fied in subparagraph (C). tions at the beginning of chapter 35 of such title cation, and Clinical Center or a Multiple Scle- ‘‘(C) In order to ensure panel continuity, half is amended by inserting after the item relating rosis Center of Excellence unless the Secretary, of the members of the first panel shall be ap- to section 3532 the following new item: on the recommendation of the Under Secretary pointed for a period of 3 years and half for a pe- ‘‘3532A. Accelerated payment of educational as- for Health, determines that such facility— riod of 2 years. sistance allowance.’’. ‘‘(A) does not meet the requirements of sub- ‘‘(3) The panel shall review each proposal sub- (c) EFFECTIVE DATE.—The amendments made section (c); mitted to the panel by the Under Secretary and by this section shall take effect on October 1, ‘‘(B) has not demonstrated effectiveness in shall submit its views on the relative scientific 2007. Such amendments shall only apply to en- carrying out the established purposes of such and clinical merit of each such proposal to the rollments that begin on or after such date. center; or Under Secretary. ‘‘(C) has not demonstrated the potential to (d) SUNSET.—The amendments made by this ‘‘(4) The panel shall not be subject to the Fed- carry out such purposes effectively in the rea- section shall expire on September 30, 2011. eral Advisory Committee Act. sonably foreseeable future; and ‘‘(e) ADEQUATE FUNDING.—Before providing SEC. 303. REIMBURSEMENT OF EXPENSES FOR ‘‘(2) assure appropriate geographic distribu- funds for the operation of any such center at a STATE APPROVING AGENCIES IN tion of such facilities. health care facility other than a health care fa- THE ADMINISTRATION OF EDU- ‘‘(c) MINIMUM REQUIREMENTS.—The Secretary CATIONAL BENEFITS. may not designate a health care facility as a lo- cility designated under subsection (b)(1), the Section 3674(a) of title 38, United States Code, cation for a center under subsection (a) unless— Secretary shall ensure that— is amended— ‘‘(1) the peer review panel established under ‘‘(1) the Parkinson’s disease center at each fa- (1) in paragraph (2)(A), by inserting ‘‘and is subsection (d) determines that the proposal sub- cility designated under subsection (b)(1) is re- authorized to make additional payments subject mitted by such facility is among those proposals ceiving adequate funding to enable such center to the availability of appropriations,’’ after ‘‘re- which meet the highest competitive standards of to function effectively in the areas of Parkin- adjustment benefits,’’; and scientific and clinical merit; and son’s disease research, education, and clinical (2) in paragraph (4), by striking the first sen- ‘‘(2) the Secretary, upon the recommendation activities; and tence and inserting ‘‘The total amount author- of the Under Secretary for Health, determines ‘‘(2) in the case of a new Multiple Sclerosis ized and available under this section for any fis- that the facility has (or may reasonably be an- Center, that existing centers are receiving ade- cal year may not exceed $19,000,000, except that ticipated to develop)— quate funding to enable such centers to function the total amount made available for purposes of ‘‘(A) an arrangement with an accredited med- effectively in the areas of multiple sclerosis re- this section from amounts available for the pay- ical school which provides education and train- search, education, and clinical activities. ment of readjustment benefits may not exceed ing in neurology and with which such facility is ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—(1) $19,000,000 for fiscal years 2006 and 2007, affiliated under which residents receive edu- There are authorized to be appropriated such $13,000,000 for fiscal years 2008 and 2009, cation and training in innovative diagnosis and sums as may be necessary for the support of the $8,000,000 for each of fiscal years 2010 through treatment of chronic neurodegenerative diseases research and education activities of the centers 2013, and $13,000,000 for fiscal year 2014 and and movement disorders, including Parkinson’s established under subsection (a). each subsequent fiscal year.’’. disease, or in the case of Multiple Sclerosis Cen- ‘‘(2) The Under Secretary for Health shall al- ters, multiple sclerosis disease; locate to such centers from other funds appro- SEC. 304. MODIFICATION OF REQUIREMENT FOR ‘‘(B) the ability to attract the participation of REPORTING ON EDUCATIONAL AS- priated generally for the Department medical SISTANCE PROGRAM. scientists who are capable of ingenuity and cre- services account and medical and prosthetics re- ativity in health-care research efforts; search account, as appropriate, such amounts (a) EXTENSION.—Subsection (d) of section 3036 ‘‘(C) a policymaking advisory committee com- of title 38, United States Code, is amended by as the Under Secretary for Health determines posed of consumers and appropriate health care appropriate. striking ‘‘January 1, 2005’’ and inserting ‘‘Janu- and research representatives of the facility and ary 1, 2011’’. of the affiliated school or schools to advise the ‘‘(g) FUNDING ELIGIBILITY AND PRIORITY FOR (b) DATE OF SUBMITTAL.—Subsection (a) of directors of such facility and such center on pol- PARKINSON’S DISEASE RESEARCH.—Activities of such section is amended by inserting ‘‘, on Jan- icy matters pertaining to the activities of such clinical and scientific investigation at each cen- uary 1,’’ after ‘‘two years’’. center during the period of the operation of ter established under subsection (a) for Parkin- (c) INTERIM REPORT.—The Secretary of De- such center; son’s disease shall— fense and the Secretary of Veterans Affairs ‘‘(D) the capability to conduct effectively ‘‘(1) be eligible to compete for the award of shall each submit to Congress a report con- evaluations of the activities of such center; funding from funds appropriated for the De- taining the information required by section 3036 ‘‘(E) the capability to coordinate, as part of partment medical and prosthetics research ac- of title 38, United States Code, not later than six an integrated national system, education, clin- count; and months after the date of the enactment of this ical, and research activities within all facilities ‘‘(2) receive priority in the award of funding Act. with such centers; from such account to the extent funds are

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00163 Fmt 4637 Sfmt 6333 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8888 CONGRESSIONAL RECORD — SENATE August 3, 2006 awarded to projects for research in Parkinson’s in the treatment of illness or injury to any vet- nursing home care will not have access to such disease and other movement disorders. eran as follows: care. ‘‘(h) FUNDING ELIGIBILITY AND PRIORITY FOR ‘‘(1) Any veteran who— ‘‘(4) The Secretary determines that the treat- MULTIPLE SCLEROSIS RESEARCH.—Activities of ‘‘(A) is not being provided nursing home care ment of the facility, or certain beds in such fa- clinical and scientific investigation at each cen- for which payment is payable under subsection cility, as a State home best meets the needs of ter established under subsection (a) for multiple (a); and veterans for nursing home care in the geo- sclerosis shall— ‘‘(B) is in need of such drugs and medicines graphic area in which the facility is located. ‘‘(1) be eligible to compete for the award of for a service-connected disability. ‘‘(5) The Secretary approves the application funding from funds appropriated for the De- ‘‘(2) Any veteran who— submitted by the State with respect to the facil- partment medical and prosthetics research ac- ‘‘(A) has a service-connected disability rated ity, or certain beds in such facility. count; and at 50 percent or more; ‘‘(b) The Secretary may not treat a health fa- ‘‘(2) receive priority in the award of funding ‘‘(B) is not being provided nursing home care cility, or certain beds in a health facility, as a from such account to the extent funds are for which payment is payable under subsection State home under subsection (a) if the Secretary awarded to projects for research in multiple (a); and determines that such treatment would increase sclerosis and other movement disorders.’’. ‘‘(C) is in need of such drugs and medicines.’’. the number of beds allocated to the State in ex- (2) CLERICAL AMENDMENT.—The table of sec- (3) CONFORMING AMENDMENTS.— cess of the limit on the number of beds provided tions at the beginning of chapter 73 of title 38, (A) CRITERIA FOR PAYMENT.—Section for by regulations prescribed under section United States Code, is amended by inserting 1741(a)(1) of such title is amended by striking 8134(a) of this title. after the item relating to section 7328 the fol- ‘‘The’’ and inserting ‘‘Except as provided in sec- lowing new item: tion 1745 of this title, the’’. ‘‘(c) The number of beds occupied by veterans in a health facility for which payment may be ‘‘7329. Parkinson’s disease research, education, (B) ELIGIBILITY FOR NURSING HOME CARE.— made under subchapter V of chapter 17 of this and clinical centers and multiple Section 1710(a)(4) of such title is amended— title by reason of subsection (a) shall not ex- sclerosis centers of excellence.’’. (i) by striking ‘‘and’’ before ‘‘the requirement ceed— (b) EFFECTIVE DATE.—The amendments made in section 1710B of this title’’; and by subsection (a) shall take effect on October 1, (ii) by inserting ‘‘, and the requirement in sec- ‘‘(1) 100 beds in the aggregate for all States; 2006. tion 1745 of this title to provide nursing home and care and prescription medicines to veterans with SEC. 402. REPEAL OF TERM OF OFFICE FOR THE ‘‘(2) in the case of any State, the difference UNDER SECRETARY FOR HEALTH service-connected disabilities in State homes’’ between— AND THE UNDER SECRETARY FOR after ‘‘a program of extended care services’’. ‘‘(A) the number of veterans authorized to be BENEFITS. (4) CLERICAL AMENDMENT.—The table of sec- in beds in State homes in such State under regu- (a) UNDER SECRETARY FOR HEALTH.— tions at the beginning of chapter 17 of such title lations prescribed under section 8134(a) of this (1) IN GENERAL.—Section 305 of title 38, United is amended by inserting after the item relating title; and to section 1744 the following new item: States Code, is amended by striking subsection ‘‘(B) the number of veterans actually in beds (c). ‘‘1745. Nursing home care and medications for in State homes (other than facilities or certain (2) CONFORMING AMENDMENT.—Subsection (d) veterans with service-connected beds treated as State homes under subsection of such section is redesignated as subsection (c). disabilities.’’. (a)) in such State under regulations prescribed (b) UNDER SECRETARY FOR BENEFITS.— (5) EFFECTIVE DATE.—The amendments made under such section. (1) IN GENERAL.—Section 306 of title 38, United by this subsection shall take effect 90 days after ‘‘(d) The number of beds in a health facility in States Code, is amended by striking subsection the date of the enactment of this Act. a State that has been treated as a State home (c). (b) IDENTIFICATION OF VETERANS IN STATE under subsection (a) shall be taken into account (2) CONFORMING AMENDMENT.—Subsection (d) HOMES.—Such chapter is further amended— in determining the unmet need for beds for State of such section is redesignated as subsection (c). (1) in section 1745, as added by subsection homes for the State under section 8134(d)(1) of SEC. 403. MODIFICATIONS TO EXISTING STATE (a)(1) of this section, by adding at the end the this title. HOME AUTHORITIES. following new subsection: ‘‘(e) The Secretary may not treat any new (a) NURSING HOME CARE AND PRESCRIPTION ‘‘(c) Any State home that requests payment or health facilities, or any new certain beds in a MEDICATIONS IN STATE HOMES FOR VETERANS reimbursement for services provided to a veteran health facility, as a State home under sub- WITH SERVICE-CONNECTED DISABILITIES.— under this section shall provide to the Secretary section (a) after September 30, 2009.’’. (1) NURSING HOME CARE.—Subchapter V of such information as the Secretary considers nec- chapter 17 of title 38, United States Code, is essary to identify each individual veteran eligi- (2) CLERICAL AMENDMENT.—The table of sec- amended by adding at the end the following ble for payment under such section.’’; and tions at the beginning of chapter 81 of such title new section: (2) in section 1741, by adding at the end the is amended by inserting after the item relating to section 8137 the following new item: ‘‘§ 1745. Nursing home care and medications following new subsection: for veterans with service-connected disabil- ‘‘(f) Any State home that requests payment or ‘‘8138. Treatment of certain health facilities as ities reimbursement for services provided to a veteran State homes.’’. under this section shall provide to the Secretary ‘‘(a)(1) The Secretary shall pay each State SEC. 404. OFFICE OF RURAL HEALTH. such information as the Secretary considers nec- home for nursing home care at the rate deter- essary to identify each individual veteran eligi- (a) ESTABLISHMENT.—There is established in mined under paragraph (2), where such care is ble for payment under such section.’’. the Department of Veterans Affairs within the provided to any veteran as follows: (c) AUTHORITY TO TREAT CERTAIN HEALTH FA- Office of the Undersecretary for Health an of- ‘‘(A) Any veteran in need of such care for a CILITIES AS STATE HOMES.— fice to be known as the ‘‘Office of Rural service-connected disability. (1) AUTHORITY.—Subchapter III of chapter 81 Health’’ (in this section referred to as the ‘‘Of- ‘‘(B) Any veteran who— of title 38, United States Code, is amended by fice’’). ‘‘(i) has a service-connected disability rated at adding at the end the following new section: (b) HEAD.—The Director of the Office of Rural 70 percent or more; and Health shall be the head of the Office. The Di- ‘‘(ii) is in need of such care. ‘‘§ 8138. Treatment of certain health facilities as State homes rector of the Office of Rural Health shall be ap- ‘‘(2) The rate determined under this para- pointed by the Under Secretary of Health from graph with respect to a State home is the lesser ‘‘(a) The Secretary may treat a health facility, among individuals qualified to perform the du- of— or certain beds in a health facility, as a State ties of the position. ‘‘(A) the applicable or prevailing rate payable home for purposes of subchapter V of chapter 17 (c) FUNCTIONS.—The functions of the Office in the geographic area in which the State home of this title if the following requirements are are as follows: is located, as determined by the Secretary, for met: nursing home care furnished in a non-Depart- ‘‘(1) The facility, or certain beds in such facil- (1) In cooperation with the medical, rehabili- ment nursing home (as that term is defined in ity, meets the standards for the provision of tation, health services, and cooperative studies section 1720(e)(2)); or nursing home care that is applicable to State research programs in the Office of Policy and ‘‘(B) a rate not to exceed the daily cost of homes, as prescribed by the Secretary under sec- the Office of Research and Development of the care, as determined by the Secretary, following tion 8134(b) of this title, and such other stand- Veterans Health Administration, to assist the a report to the Secretary by the director of the ards relating to the facility, or certain beds in Under Secretary for Health in conducting, co- State home. such facility, as the Secretary may require. ordinating, promoting, and disseminating re- ‘‘(3) Payment by the Secretary under para- ‘‘(2) The facility, or certain beds in such facil- search into issues affecting veterans living in graph (1) to a State home for nursing home care ity, is licensed or certified by the appropriate rural areas. provided to a veteran described in that para- State and local agencies charged with the re- (2) To work with all personnel and offices of graph constitutes payment in full to the State sponsibility of licensing or otherwise regulating the Department of Veterans Affairs to develop, home for such care furnished to that veteran.’’. or inspecting State home facilities. refine, and promulgate policies, best practices, (2) PROVISION OF PRESCRIPTION MEDICINES.— ‘‘(3) The State demonstrates in an application lessons learned, and innovative and successful Such section, as so added, is further amended by to the Secretary that, but for the treatment of a programs to improve care and services for vet- adding at the end the following new subsection: facility (or certain beds in such facility), as a erans who reside in rural areas of the United ‘‘(b) The Secretary shall furnish such drugs State home under this subsection, a substantial States. and medicines as may be ordered on prescription number of veterans residing in the geographic (3) To designate in each Veterans Integrated of a duly licensed physician as specific therapy area in which the facility is located who require Service Network (VISN) an individual who shall

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00164 Fmt 4637 Sfmt 6333 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2006 CONGRESSIONAL RECORD — SENATE S8889 consult on and coordinate the discharge in such caregiver assistance services is not less than (7) the programs reauthorized by this title pro- Network of programs and activities of the Office $5,000,000 in excess of the baseline amount. vide important housing and services to homeless for veterans who reside in rural areas of the (3) BASELINE AMOUNT.—For purposes of para- veterans. graph (2), the baseline amount is the amount of United States. SEC. 503. AUTHORITY TO MAKE GRANTS FOR (4) To assess, in accordance with subsection the total expenditures on programs in support of COMPREHENSIVE SERVICE PRO- (d), the effects of the implementation of the fee- caregiver assistance services for veterans for the GRAMS FOR HOMELESS VETERANS. most recent fiscal year for which final expendi- basis health care program of the Veterans (a) PERMANENT AUTHORITY.—Section 2011(a) Health Administration on the delivery of health ture amounts are known, adjusted to reflect any of title 38, United States Code, is amended— care services to veterans who reside in rural subsequent increase in applicable costs to sup- (1) by striking paragraph (2); and areas of the United States. port such services through the Veterans Health (5) To perform such other functions and du- Administration. (2) in paragraph (1)— ties as the Secretary of Veterans Affairs or the (e) ALLOCATION OF FUNDS TO FACILITIES.— (A) by striking ‘‘(1)’’; and Under Secretary for Health consider appro- The Secretary shall allocate funds identified (B) by redesignating subparagraphs (A) priate. pursuant to subsection (d)(1) to individual med- through (D) as paragraphs (1) through (4), re- (d) ASSESSMENT OF FEE-BASIS HEALTH CARE ical facilities of the Department in such spectively. PROGRAM.—The Director of the Office shall, in amounts as the Secretary determines appro- (b) AUTHORIZATION OF APPROPRIATIONS.—The consultation with the individuals designated priate, based upon proposals submitted by such text of section 2013 of such title is amended to under subsection (c)(3), conduct an assessment facilities for the use of such funds for improve- read as follows: ‘‘There is authorized to be ap- of the effects of the implementation of the fee- ments to the support of the provision of care- propriated, to carry out this subchapter, basis health care program of the Veterans giver assistance services. Special consideration $130,000,000 for fiscal year 2007 and each fiscal Health Administration on the delivery of health should be given to rural facilities, including year thereafter.’’. care services to veterans who reside in rural those without a long-term care facility of the areas of the United States. In conducting the Department. SEC. 504. EXTENSION OF TREATMENT AND REHA- BILITATION FOR SERIOUSLY MEN- (f) REPORT.—Not later than one year after the assessment, the Director shall— TALLY ILL AND HOMELESS VET- (1) evaluate the effects of the fee-basis health date of the enactment of this Act, the Secretary ERANS. care program on the delivery of health care shall submit to the Committee on Veterans’ Af- (a) EXTENSION OF AUTHORITY FOR GENERAL services to veterans who reside in rural areas of fairs of the Senate and the Committee on Vet- TREATMENT.—Section 2031(b) of title 38, United the United States; erans’ Affairs of the House of Representatives a States Code, is amended by striking ‘‘2006’’ and (2) identify various mechanisms for expanding report on the implementation of this section, in- inserting ‘‘2011’’. the program in order to enhance and improve cluding— health care services for such veterans and deter- (1) a description and assessment of the activi- (b) EXTENSION OF AUTHORITY FOR ADDITIONAL mine the feasibility and advisability of imple- ties carried out under the pilot program; SERVICES.—Section 2033(d) of such title is menting such mechanisms; and (2) information on the allocation of funds to amended by striking ‘‘2006’’ and inserting (3) for each mechanism determined under facilities of the Department under subsection ‘‘2011’’. paragraph (2) to be feasible and advisable to im- (d); and SEC. 505. EXTENSION OF AUTHORITY FOR TRANS- plement, make recommendations to the Under (3) a description of the improvements made FER OF PROPERTIES OBTAINED Secretary for Health on the implementation of with funds so allocated to the support of the THROUGH FORECLOSURE OF HOME such mechanism. provision of caregiver assistance services. MORTGAGES. SEC. 405. PILOT PROGRAM ON IMPROVEMENT OF TITLE V—HOMELESS VETERANS Section 2041(c) of title 38, United States Code, CAREGIVER ASSISTANCE SERVICES. ASSISTANCE is amended by striking ‘‘2008’’ and inserting (a) IN GENERAL.—Commencing not later than SEC. 501. REAFFIRMATION OF NATIONAL GOAL TO ‘‘2011’’. END HOMELESSNESS AMONG VET- 120 days after the date of the enactment of this SEC. 506. EXTENSION OF FUNDING FOR GRANT ERANS. Act, the Secretary of Veterans Affairs shall PROGRAM FOR HOMELESS VET- carry out a pilot program to assess the feasi- (a) REAFFIRMATION.—Congress reaffirms the ERANS WITH SPECIAL NEEDS. national goal to end chronic homelessness bility and advisability of various mechanisms to Section 2061(c)(1) of title 38, United States among veterans within a decade of the enact- expand and improve caregiver assistance serv- Code, is amended by striking ‘‘2003, 2004, and ment of the Homeless Veterans Comprehensive ices. 2005, $5,000,000’’ and inserting ‘‘2007 through Assistance Act of 2001 (Public Law 107–95; 115 (b) DURATION OF PILOT PROGRAM.—The pilot 2011, $7,000,000’’. program required by subsection (a) shall be car- Stat. 903). ried out during the two-year period beginning (b) REAFFIRMATION OF ENCOURAGEMENT OF SEC. 507. EXTENSION OF FUNDING FOR HOME- COOPERATIVE EFFORTS.—Congress reaffirms its LESS VETERAN SERVICE PROVIDER on the date of the commencement of the pilot TECHNICAL ASSISTANCE PROGRAM. program. encouragement, as specified in the Homeless Veterans Comprehensive Assistance Act of 2001 Subsection (b) of section 2064 of title 38, (c) CAREGIVER ASSISTANCE SERVICES.—For purposes of this section, the term ‘‘caregiver as- (Public Law 107–95; 115 Stat. 903), that all de- United States Code, is amended to read as fol- sistance services’’ are services of the Department partments and agencies of the Federal, State, lows: of Veterans Affairs that assist caregivers of vet- and local governments, quasi-governmental or- ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— erans, including veterans of the Global War on ganizations, private and public sector entities, There are authorized to be appropriated Terrorism. Such services including the fol- including community-based organizations, $1,000,000 for each of fiscal years 2007 through lowing: faith-based organizations, and individuals, 2012 to carry out the program under this sec- (1) Adult-day health care services. work cooperatively to end chronic homelessness tion.’’. among veterans. (2) Coordination of services needed by vet- SEC. 508. ADDITIONAL ELEMENT IN ANNUAL RE- erans, including services for readjustment and SEC. 502. SENSE OF CONGRESS ON THE RE- PORT ON ASSISTANCE TO HOMELESS rehabilitation. SPONSE OF THE FEDERAL GOVERN- VETERANS. MENT TO THE NEEDS OF HOMELESS (3) Transportation services. VETERANS. Section 2065(b) of title 38, United States Code, (4) Caregiver support services, including edu- It is the sense of Congress that— is amended— cation, training, and certification of family (1) homelessness is a significant problem in (1) by redesignating paragraph (5) as para- members in caregiver activities. the veterans community, and veterans are dis- graph (6); and (5) Home care services. proportionately represented among the homeless (2) by inserting after paragraph (4) the fol- (6) Respite care. population; lowing new paragraph (5): (7) Hospice services. (2) while many effective programs assist home- ‘‘(5) Information on the efforts of the Sec- (8) Any modalities of non-institutional long- less veterans to become, once again, productive retary to coordinate the delivery of housing and term care. and self-sufficient members of their communities services to homeless veterans with other Federal (d) FUNDING.— and society, all the essential services, assist- departments and agencies, including— (1) SOURCE OF FUNDS.—In carrying out the ance, and support that homeless veterans re- program required by subsection (a), the Sec- quire are not currently provided; ‘‘(A) the Department of Defense; retary shall identify, from funds available to the (3) federally funded programs for homeless ‘‘(B) the Department of Health and Human Department of Veterans Affairs for medical veterans should be held accountable for achiev- Services; care, an amount not less than $5,000,000 to be ing clearly defined results; ‘‘(C) the Department of Housing and Urban available for the fiscal year that includes the (4) Federal efforts to assist homeless veterans Development; date of the enactment of this Act, to carry out should include prevention of homelessness; ‘‘(D) the Department of Justice; the pilot program and to be allocated to facili- (5) Federal efforts regarding homeless veterans ‘‘(E) the Department of Labor; ties of the Department pursuant to subsection should be particularly vigorous where women (e). Such amount shall be available without fis- veterans have minor children in their care; ‘‘(F) the Interagency Council on Homeless- cal year limitation. (6) Federal agencies, particularly the Depart- ness; (2) MINIMUM ALLOCATION OF FUNDS.—In iden- ment of Veterans Affairs, the Department of ‘‘(G) the Social Security Administration; and tifying available amounts pursuant to para- Labor, and the Department of Housing and ‘‘(H) any other Federal department or agency graph (1), the Secretary shall ensure that, after Urban Development, should cooperate more with which the Secretary coordinates the deliv- the allocation of funds under subsection (e), the fully to address the problem of homelessness ery of housing and services to homeless vet- total expenditure for programs in support of among veterans; and erans.’’.

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00165 Fmt 4637 Sfmt 6333 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8890 CONGRESSIONAL RECORD — SENATE August 3, 2006 SEC. 509. ADVISORY COMMITTEE ON HOMELESS Veterans’ Affairs of the Senate and the Com- ‘‘(1) Services provided by an eligible entity or VETERANS. mittee on Veterans’ Affairs of the House of Rep- subcontractors that address the needs of very (a) ADDITIONAL EX OFFICIO MEMBERS.—Sub- resentatives a report on the results of the study low-income veteran families occupying perma- section (a)(3) of section 2066 of title 38, United required by paragraph (1). nent housing, including— States Code, is amended by adding at the end SEC. 511. FINANCIAL ASSISTANCE FOR SUP- ‘‘(A) outreach services; the following new subparagraphs: PORTIVE SERVICES FOR VERY LOW- ‘‘(B) health care services, including diagnosis, ‘‘(E) The Executive Director of the Inter- INCOME VETERAN FAMILIES IN PER- treatment, and counseling for mental health agency Council on Homelessness (or a represent- MANENT HOUSING. and substance abuse disorders and for post- ative of the Executive Director). (a) PURPOSE.—The purpose of this section is traumatic stress disorder, if such services are ‘‘(F) The Under Secretary for Health (or a to facilitate the provision of supportive services not readily available through the Department representative of the Under Secretary after con- for very low-income veteran families in perma- medical center serving the geographic area in sultation with the Director of the Office of nent housing. which the veteran family is housed; Homeless Veterans Programs). (b) FINANCIAL ASSISTANCE.— ‘‘(G) The Under Secretary for Benefits (or a (1) IN GENERAL.—Subchapter V of chapter 20 ‘‘(C) habilitation and rehabilitation services; representative of the Under Secretary after con- of title 38, United States Code, is amended by ‘‘(D) case management services; sultation with the Director of the Office of adding at the end the following new section: ‘‘(E) daily living services; Homeless Veterans Programs).’’. ‘‘§ 2044. Financial assistance for supportive ‘‘(F) personal financial planning; (b) EXTENSION.—Subsection (d) of such section services for very low-income veteran fami- ‘‘(G) transportation services; is amended by striking ‘‘December 31, 2006’’ and lies in permanent housing ‘‘(H) vocational counseling; inserting ‘‘September 30, 2011’’. ‘‘(a) DISTRIBUTION OF FINANCIAL ASSIST- ‘‘(I) employment and training; SEC. 510. RENTAL ASSISTANCE VOUCHERS FOR ANCE.—(1) The Secretary shall provide financial ‘‘(J) educational services; VETERANS AFFAIRS SUPPORTED assistance to eligible entities approved under HOUSING PROGRAM. ‘‘(K) assistance in obtaining veterans benefits this section to provide and coordinate the provi- (a) FUNDING FOR VOUCHERS.—Section and other public benefits, including health care sion of supportive services described in sub- (8)(o)(19)(B) of the United States Housing Act of provided by the Department; section (b) for very low-income veteran families 1937 (42 U.S.C. 1437f(o)(19)(B)) is amended to ‘‘(L) assistance in obtaining income support; occupying permanent housing. read as follows: ‘‘(2) Financial assistance under this section ‘‘(M) assistance in obtaining health insur- ‘‘(B) AMOUNT.—The amount specified in this shall consist of per diem payments for each such ance; subparagraph is— family for which an approved eligible entity is ‘‘(N) fiduciary and representative payee serv- ‘‘(i) for fiscal year 2007, the amount necessary ices; to provide 500 vouchers for rental assistance providing or coordinating the provision of sup- ‘‘(O) legal services to assist the veteran family under this subsection; portive services. with reconsiderations or appeals of veterans and ‘‘(ii) for fiscal year 2008, the amount nec- ‘‘(3)(A) Subject to the availability of appro- public benefit claim denials and to resolve out- essary to provide 1,000 vouchers for rental as- priations provided for such purpose, the Sec- standing warrants that interfere with the fam- sistance under this subsection; retary shall provide to each family for which an ily’s ability to obtain or retain housing or sup- ‘‘(iii) for fiscal year 2009, the amount nec- approved eligible entity is providing or coordi- portive services; essary to provide 1,500 vouchers for rental as- nating the provision of supportive services per sistance under this subsection; diem payments in the amount of the daily cost ‘‘(P) child care; ‘‘(iv) for fiscal year 2010, the amount nec- of care estimated by such eligible entity (as ad- ‘‘(Q) housing counseling; essary to provide 2,000 vouchers for rental as- justed by the Secretary under subparagraph ‘‘(R) other services necessary for maintaining sistance under this subsection; and (C)). independent living; and ‘‘(B) In no case may the amount of per diem ‘‘(v) for fiscal year 2011, the amount necessary ‘‘(S) coordination of services under this para- paid under this paragraph exceed the rate of per to provide 2,500 vouchers for rental assistance graph. under this subsection.’’. diem authorized for State homes for domiciliary care under subsection (a)(1)(A) of section 1741 of ‘‘(2) Services described in paragraph (1) that (b) ELIMINATION OF FUNDING THROUGH INCRE- are delivered to very low-income veteran fami- MENTAL ASSISTANCE.—Subparagraph (C) of sec- this title, as adjusted by the Secretary under subsection (c) of such section. lies who are homeless and who are scheduled to tion 8(o)(19) of the United States Housing Act of become residents of permanent housing within 1937 (42 U.S.C. 1437f(o)(19)(C)) is repealed. ‘‘(C) The Secretary may adjust the daily cost of care estimated by an eligible entity for pur- 90 days pending the location or development of (c) STUDY OF EFFECTIVENESS OF VOUCHERS.— housing suitable for permanent housing. (1) IN GENERAL.—For fiscal years 2007 and poses of this paragraph to exclude other sources ‘‘(3) Services described in paragraph (1) for 2008, the Secretary of Veterans Affairs shall of income described in subparagraph (E) that very low-income veteran families who have vol- conduct a study of the effectiveness of the the eligible entity certifies to be correct. untarily chosen to seek other housing after a voucher program under section (8)(o)(19)(B) of ‘‘(D) Each eligible entity shall provide to the period of tenancy in permanent housing, that the United States Housing Act of 1937 (42 U.S.C. Secretary such information with respect to other are provided, for a period of 90 days after such 1437f(o)(19)(B)), as amended by subsection (a), sources of income as the Secretary may require families exit permanent housing or until such in meeting the housing and case management to make the adjustment under subparagraph families commence receipt of other housing serv- needs of homeless veterans who— (C). (A) have a chronic mental illnesses or chronic ‘‘(E) The other sources of income referred to ices adequate to meet their current needs, but substance use disorder; and in subparagraphs (C) and (D) are payments to only to the extent that services under this para- (B) are participating in continuing treatment the eligible entity for furnishing services to graph are designed to support such families in for such mental illness or substance use disorder homeless veterans under programs other than their choice to transition into housing that is re- as a condition of receipt of such rental assist- under this subchapter, including payments and sponsive to their individual needs and pref- ance. grants from other departments and agencies of erences. (2) COMPARISON.—As part of the study re- the Federal Government, from departments or ‘‘(c) APPLICATION FOR FINANCIAL ASSIST- quired by paragraph (1) the Secretary shall com- agencies of State or local government, and from ANCE.—(1) An eligible entity seeking financial pare the results of the program described in that private entities or organizations. assistance under subsection (a) shall submit an paragraph with other programs as follows: ‘‘(4) In providing financial assistance under application to the Secretary in such form, in (A) Programs in which the Department of Vet- paragraph (1), the Secretary shall give pref- such manner, and containing such commitments erans Affairs coordinates the delivery of hous- erence to entities providing or coordinating the and information as the Secretary determines to ing and services to homeless veterans. provision of supportive services for very low-in- be necessary to carry out this section. (B) Programs for the provision of grants or come veteran families who are transitioning ‘‘(2) Each application submitted by an eligible per diem payments to providers of services that from homelessness to permanent housing. entity under paragraph (1) shall contain— are designed to meet the needs of homeless vet- ‘‘(5) The Secretary shall ensure that, to the ‘‘(A) a description of the supportive services erans. extent practicable, financial assistance under proposed to be provided by the eligible entity; (3) CRITERIA.—In conducting the comparison this subsection is equitably distributed across ‘‘(B) a description of the types of very low-in- required by paragraph (2), the Secretary shall geographic regions, including rural communities come veteran families proposed to be provided examine the following: and tribal lands. such services; (A) The satisfaction of veterans targeted by ‘‘(6) Each entity receiving financial assistance ‘‘(C) an estimate of the number of very low-in- the programs described in paragraph (2). under this section to provide supportive services come veteran families proposed to be provided (B) The health status of such veterans. to a very low-income veteran family shall notify such services; (C) For programs that address substance use that family that such services are being paid disorders, the reduction in severity of such dis- for, in whole or in part, by the Department. ‘‘(D) evidence of the experience of the eligible orders in such veterans. ‘‘(7) The Secretary may require entities receiv- entity in providing supportive services to very (D) The housing provided such veterans under ing financial assistance under this section to low-income veteran families; and such programs. submit a report to the Secretary that describes ‘‘(E) a description of the managerial capacity (E) The degree to which such veterans are en- the projects carried out with such financial as- of the eligible entity to— couraged to productive activity by such pro- sistance. ‘‘(i) coordinate the provision of supportive grams. ‘‘(b) SUPPORTIVE SERVICES.—The supportive services with the provision of permanent hous- (4) REPORT.—Not later than March 31, 2009, services referred to in subsection (a) are the fol- ing, by the eligible entity or by other organiza- the Secretary shall submit to the Committee on lowing: tions;

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00166 Fmt 4637 Sfmt 6333 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2006 CONGRESSIONAL RECORD — SENATE S8891 ‘‘(ii) continuously assess the needs of very which the head of household or the spouse of October 1, 2007, and ending on September 31, low-income veteran families for supportive serv- the head of household is a veteran.’’. 2011, or $20,000 at any other time’’. ices; (2) CLERICAL AMENDMENT.—The table of sec- SEC. 603. REAUTHORIZATION OF USE OF CERTAIN ‘‘(iii) coordinate the provision of supportive tions at the beginning of chapter 20 of such title INFORMATION FROM OTHER AGEN- services with the services of the Department; is amended by inserting after the item relating CIES. ‘‘(iv) tailor supportive services to the needs of to section 2043 the following new item: (a) INFORMATION FROM SECRETARY OF THE very low-income veteran families; and ‘‘2044. Financial assistance for supportive serv- TREASURY OR COMMISSIONER OF SOCIAL SECU- ‘‘(v) continuously seek new sources of assist- ices for very low-income veteran RITY.—Section 5317(g) of title 38, United States ance to ensure the long-term provision of sup- families in permanent housing.’’. Code, is amended by striking ‘‘September 30, portive services to very low-income veteran fami- (c) STUDY OF EFFECTIVENESS OF PERMANENT 2008’’ and inserting ‘‘September 30, 2011’’. lies. HOUSING PROGRAM.— ‘‘(3) The Secretary shall establish criteria for (b) TAX RETURNS AND TAX RETURN INFORMA- (1) IN GENERAL.—For fiscal years 2007 and the selection of eligible entities to be provided fi- TION.—The last sentence of section 6103(l)(7) of 2008, the Secretary shall conduct a study of the the Internal Revenue Code of 1986 is amended nancial assistance under this section. effectiveness of the permanent housing program ‘‘(d) TECHNICAL ASSISTANCE.—(1) The Sec- by striking ‘‘September 30, 2008’’ and inserting under section 2044 of title 38, United States retary shall provide training and technical as- ‘‘September 30, 2011’’. Code, as amended by subsection (b), in meeting sistance to participating eligible entities regard- SEC. 604. CLARIFICATION OF CORRECTIONAL FA- the needs of very low-income veteran families, ing the planning, development, and provision of CILITIES COVERED BY CERTAIN PRO- as that term is defined in that section. supportive services to very low-income veteran VISIONS OF LAW. (2) COMPARISON.—In the study required by (a) PAYMENT OF PENSION DURING CONFINE- families occupying permanent housing. paragraph (1), the Secretary shall compare the ‘‘(2) The Secretary may provide the training MENT IN PENAL INSTITUTIONS.—Section 1505(a) results of the program referred to in that sub- described in paragraph (1) directly or through of title 38, United States Code, is amended by section with other programs of the Department grants or contracts with appropriate public or striking ‘‘or local penal institution’’ and insert- of Veterans Affairs dedicated to the delivery of nonprofit private entities. ing ‘‘local, or other penal institution or correc- housing and services to veterans. ‘‘(e) FUNDING.—(1) From amounts appro- tional facility’’. (3) CRITERIA.—In making the comparison re- priated to the Department for Medical Care, quired in paragraph (2), the Secretary shall ex- (b) ALLOWANCES FOR TRAINING AND REHABILI- there shall be available to carry out this section amine the following: TATION FOR VETERANS WITH SERVICE-CON- amounts as follows: (A) The satisfaction of veterans targeted by NECTED DISABILITIES.—Section 3108(g)(1) of such ‘‘(A) $15,000,000 for fiscal year 2007. title is amended by striking ‘‘or local penal in- ‘‘(B) $20,000,000 for fiscal year 2008. the programs described in paragraph (2). (B) The health status of such veterans. stitution’’ and inserting ‘‘local, or other penal ‘‘(C) $25,000,000 for fiscal year 2009. institution or correctional facility’’. ‘‘(2) Not more than $750,000 may be available (C) The housing provided such veterans under under paragraph (1) in any fiscal year to pro- such programs. (c) EDUCATIONAL ASSISTANCE BENEFITS FOR vide technical assistance under subsection (d). (D) The degree to which such veterans are en- POST-VIETNAM ERA VETERANS.—Section ‘‘(f) DEFINITIONS.—In this section: couraged to productive activity by such pro- 3231(d)(1) of such title is amended by striking ‘‘(1) The term ‘consumer cooperative’ has the grams. ‘‘or local penal institution’’ and inserting meaning given such term in section 202 of the (4) REPORT.—Not later than March 31, 2009, ‘‘local, or other penal institution or correctional Housing Act of 1959 (12 U.S.C. 1701q). the Secretary shall submit to the Committee on facility’’. ‘‘(2) The term ‘eligible entity’ means— Veterans’ Affairs of the Senate and the Com- (d) COMPUTATION OF EDUCATIONAL ASSIST- ‘‘(A) a private nonprofit organization; or mittee on Veterans’ Affairs of the House of Rep- ANCE ALLOWANCES FOR VETERANS GENERALLY.— ‘‘(B) a consumer cooperative. resentatives a report on the results of the study Section 3482(g)(1) of such title is amended by ‘‘(3) The term ‘homeless’ has the meaning required by paragraph (1). striking ‘‘or local penal institution’’ and insert- given that term in section 103 of the McKinney- TITLE VI—MISCELLANEOUS BENEFITS ing ‘‘local, or other penal institution or correc- Vento Homeless Assistance Act (42 U.S.C. 11302). tional facility’’. ‘‘(4) The term ‘permanent housing’ means SEC. 601. RESIDENTIAL COOPERATIVE HOUSING UNITS. (e) COMPUTATION OF EDUCATIONAL ASSIST- community-based housing without a designated (a) HOUSING BENEFITS FOR COOPERATIVE ANCE ALLOWANCE FOR SURVIVORS AND DEPEND- length of stay. APARTMENT UNITS.—Subsection (a) of section ENTS.—Section 3532(e) of such title is amended ‘‘(5) The term ‘private nonprofit organization’ 3710 of title 38, United States Code, is amended by striking ‘‘or local penal institution’’ and in- means any of the following: by inserting after paragraph (11) the following serting ‘‘local, or other penal institution or cor- ‘‘(A) Any incorporated private institution or rectional facility’’. foundation— new paragraph: (f) LIMITATION ON PAYMENT OF COMPENSATION ‘‘(i) no part of the net earnings of which in- ‘‘(12) To purchase stock or membership in a AND DEPENDENCY AND INDEMNITY COMPENSA- ures to the benefit of any member, founder, con- cooperative housing corporation for the purpose TION.—Section 5313 of such title is amended— tributor, or individual; of entitling the veteran to occupy for dwelling ‘‘(ii) which has a governing board that is re- purposes a single family residential unit in a de- (1) in subsection (a)(1), by striking ‘‘or local sponsible for the operation of the supportive velopment, project, or structure owned or leased penal institution’’ and inserting ‘‘local, or other services provided under this section; and by such corporation, in accordance with sub- penal institution or correctional facility’’; ‘‘(iii) which is approved by the Secretary as to section (h).’’. (2) in subsection (b)(3), by striking ‘‘or local financial responsibility; (b) CONDITIONS OF HOUSING BENEFITS FOR CO- penal institution’’ and inserting ‘‘local, or other ‘‘(B) A for-profit limited partnership, the sole OPERATIVE APARTMENT UNITS.—Such section is penal institution or correctional facility’’; and general partner of which is an organization further amended by adding at the end the fol- (3) in subsection (c), by striking ‘‘or local meeting the requirements of clauses (i), (ii), and lowing new subsection: penal institution’’ and inserting ‘‘local, or other (iii) of subparagraph (A). ‘‘(h)(1) A loan may not be guaranteed under penal institution or correctional facility’’. subsection (a)(12) unless— ‘‘(C) A corporation wholly owned and con- (g) LIMITATION ON PAYMENT OF CLOTHING AL- ‘‘(A) the development, project, or structure of trolled by an organization meeting the require- LOWANCE.—Section 5313A of such title is amend- the cooperative housing corporation complies ments of clauses (i), (ii), and (iii) of subpara- ed by striking ‘‘or local penal institution’’ and with such criteria as the Secretary prescribes in graph (A). inserting ‘‘local, or other penal institution or regulations; and ‘‘(D) A tribally designated housing entity (as correctional facility’’. defined in section 4 of the Native American ‘‘(B) the dwelling unit that the purchase of stock or membership in the development, project, Amend the title so as to read: ‘‘To Housing Assistance and Self-Determination Act amend title 38, United States Code, of 1996 (25 U.S.C. 4103)). or structure of the cooperative housing corpora- ‘‘(6)(A) Subject to subparagraphs (B) and (C), tion entitles the purchaser to occupy is a single to remove certain limitations on the term ‘very low-income veteran family’ means family residential unit. attorney representation of claim- a veteran family whose income does not exceed ‘‘(2) In this subsection, the term ‘cooperative ants for veterans benefits in admin- 50 percent of the median income for the area, as housing corporation’ has the same meaning istrative proceedings before the De- determined by the Secretary in accordance with given such term in section 216(b)(1) of the Inter- partment of Veterans Affairs, to this paragraph. nal Revenue Code of 1986. make certain improvements in the ‘‘(3) When applying the term ‘value of the ‘‘(B) The Secretary shall make appropriate area of memorial affairs, and for adjustments to the income requirement under property’ to a loan guaranteed under subsection subparagraph (A) based on family size. (a)(12), such term means the appraised value of other purposes.’’. ‘‘(C) The Secretary may establish an income the stock or membership entitling the purchaser Mr. CRAIG. Mr. President, I have ceiling higher or lower than 50 percent of the to the permanent occupancy of the dwelling sought recognition to comment on median income for an area if the Secretary de- unit in the development, project, or structure of comprehensive, bipartisan legislation termines that such variations are necessary be- the cooperative housing corporation.’’. reported from the Committee on Vet- cause the area has unusually high or low con- SEC. 602. INCREASE IN SUPPLEMENTAL INSUR- erans’ Affairs and now awaiting full struction costs, fair market rents (as determined ANCE FOR TOTALLY DISABLED VET- under section 8 of the United States Housing ERANS. Senate approval. S. 2694, the Veterans’ Act of 1937 (42 U.S.C. 1437f)), or family incomes. Section 1922A(a) of title 38, United States Choice of Representation and Benefits ‘‘(7) The term ‘veteran family’ includes a vet- Code, is amended by striking ‘‘$20,000’’ and in- Enhancement Act of 2006, contains 28 eran who is a single person and a family in serting ‘‘$30,000, during the period beginning on provisions representing the collective

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00167 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8892 CONGRESSIONAL RECORD — SENATE August 3, 2006 work of 44 Senators who either spon- ure would extend the authorization of discover that the law enacted in 1997 to sored or cosponsored bills that were in- appropriations for comprehensive serv- deny capital offenders from burial in corporated into this important legisla- ices for homeless veterans, reauthorize national cemeteries did not apply to tion. a grant program for homeless veterans Wagner. While we moved swiftly to S. 2694 includes provisions that would with special needs, and extend the au- close the loophole that permitted Wag- improve educational assistance bene- thority of the Advisory Committee on ner’s burial in the first place, the ques- fits for veterans and their survivors; Homeless Veterans. It would also ex- tion remained: should his remains con- reauthorize and enhance various pro- tend the authority of VA to transfer tinue to be included among the scores grams of assistance for homeless vet- properties it obtains after foreclosures of honored dead in Arlington? For me erans; reduce nursing home and pre- on homes financed with VA-guaranteed and Senator MIKULSKI, the answer was scription medication costs for service- loans to organizations which assist ‘‘no.’’ That is why we sponsored legis- disabled veterans residing in State vet- homeless veterans and their families in lation now contained in section 202 of erans’ nursing homes; enhance memo- acquiring shelter. Finally, the bill S. 2694 which would direct the Sec- rial affairs benefits and preserve the would authorize appropriations for a retary of the Army to remove Wagner’s character of Arlington National Ceme- program designed to prevent homeless- remains from Arlington. As I stated tery as a shrine for our honored dead; ness by providing financial assistance last summer, we must not dishonor the and, as the bill’s title suggests, provide to eligible entities to provide and co- sacrifices made by those memorialized veterans with the freedom to hire at- ordinate the provision of supportive at our Nation’s military cemeteries by torneys to represent them during the services for very low-income veteran including among them individuals who, VA claims process. I will take a few families occupying permanent housing. through their own heinous acts, have minutes to describe the sections of the I want to be clear, however, that I grievously dishonored themselves. bill that I sponsored, none I am more will be monitoring whether these pro- proud of than the choice of representa- grams are having the effect we expect Mr. President, I want to thank all of tion provision. For a full accounting of them to. In March, I held a hearing on the members of the committee and all of S. 2694’s provisions, I ask my col- the needs of homeless veterans, at other Senators who worked so dili- leagues to read Senate Report 109–297. which VA, its Federal partners, and gently on this bill. In particular, I Currently, veterans and other claim- community-based service providers to commend the committee’s anking ants seeking veterans’ benefits may the homeless testified about what is member, Senator AKAKA. I have said it not hire an attorney until the VA ad- working, what isn’t, what duplication before and I’ll repeat it today, Hawaii’s ministrative proceedings have been might be eliminated, and where defi- veterans are fortunate to have Senator completed a process that often takes ciencies exist that must be addressed. AKAKA as their advocate. It is been a several years. That law flows from a We learned that more than a half dozen pleasure working with him. Civil War era policy intended to pro- Federal agencies will devote over $2 In closing, I ask for the support of tect veterans from unscrupulous attor- billion to homelessness. VA alone will the Senate in adopting S. 2694. It is an neys. That policy arose at a time—un- spend upward of $221 million on grants, important, historic piece of legislation like today—when attending law school housing and treatment of underlying that will respect the freedoms won by was not required to become a lawyer conditions. In fact, the fiscal year 2007 our veterans on the battlefield, and and there was no effective professional budget for VA will support a record will improve benefits available to them oversight of lawyers. level of funding for the sixth straight when they return home from it. In recent months, it has become year for targeted programs for home- abundantly clear that many veterans less veterans. Plainly stated, we can- Mr. AKAKA. Mr. President, as rank- and their survivors want the option of not afford to waste any money. We ing member of the Committee on Vet- hiring an attorney to help them navi- must ensure that our resources are in- erans’ Affairs, I am pleased that the gate the increasingly complex VA sys- vested carefully so that homeless vet- Senate on S. 2694, an omnibus veterans tem. In fact, the prohibition against erans can resume their self-sufficiency bill. This timely piece of legislation in- veterans hiring attorneys is considered and independence. cludes a number of important provi- to be unfair and outdated by a broad Section 402 of S. 2694 is derived from sions that will improve the health care spectrum of individuals and organiza- legislation I introduced that would re- and benefits that our Nation’s veterans tions, including veterans’ organiza- move the four-year limit on the terms deserve. I will highlight a few sections tions, veterans’ advocates, judges, law for the positions of Under Secretary for in which I have a particular interest. professors, and bar associations. Health and Under Secretary for Bene- This legislation specifically seeks to For these reasons, I joined with Sen- fits at VA. When the term limits were improve the way VA responds to the ator LINDSEY GRAHAM in introducing originally created, I think we all hoped present and future demand for long- legislation to end the outdated, pater- that they would allow the two officials term care. As the veteran population nalistic restriction on the freedoms of to serve four consecutive years without ages, the demand for long-term care veterans. Section 101 of S. 2694 would any political considerations, regardless continues to rise, a trend that will only repeal the existing prohibition against of whether the service was in different continue as Vietnam-era veterans get veterans hiring attorneys to help them administrations or under different VA older. obtain benefits from VA. I am de- leadership. History, however, has With the goal of encouraging and lighted that we are closer to doing shown us that new administrations or supporting alternatives to institu- away with this outdated law and allow- even new VA leadership within the tional long-term care, the pending leg- ing veterans like all other adults in same administration often bring new islation includes provisions derived this Nation—to have the assistance of people at all levels of government, in- from S. 2753, a bill I introduced that counsel if they so choose. cluding the two Under Secretary posi- was designed to promote assistance to Title V of S. 2694 represents the first tions. In fact, the last three Under Sec- those who look after veterans, espe- effort in 5 years to enact comprehen- retaries for Health and the previous cially in noninstitutional, home-based sive homeless veterans’ assistance leg- Under Secretary for Benefits did not settings. The provision in the bill as it islation. Five years ago, Congress set complete a full 4-year term. Therefore, comes before the Senate today would an ambitious goal to end homelessness this provision would eliminate what authorize VA to carry out a pilot pro- among veterans by 2011. I am not one are, in effect, limits on terms that gram to improve assistance services to who sets goals lightly, especially one serve no useful purpose. so important. Therefore, I joined with The last of the provisions I sponsored these caregivers. Caregivers, particu- Senators AKAKA, BURR AND OBAMA to touches on a subject that most of my larly those who live in rural and geo- craft the provisions in title V which colleagues likely remember. Last sum- graphically remote areas, would re- will both improve services for homeless mer, we learned that the remains of a ceive a helping hand through services veterans, and help prevent chronic brutal murderer—Russell Wayne Wag- such as adult-day care and respite care. homelessness among our servicemen ner—were placed in the Nation’s pre- The pending measure also seeks to and women returning from the war on eminent military cemetery, Arlington ensure more appropriate payment for terror. Among other things, this meas- National Cemetery. I was appalled to the cost of longterm care provided to

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00168 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2006 CONGRESSIONAL RECORD — SENATE S8893 certain seriously disabled veterans who This bill also includes a $10,000 in- TITLE I—GOVERNANCE OF DISTRICT OF are receiving care in State veterans’ crease in the amount of supplemental COLUMBIA homes. Earlier this year, the Com- insurance available to totally disabled Subtitle A—General District of Columbia mittee held field hearings in my home veterans through the Service-Disabled Governance state of Hawaii. Tom Driskill, the Veterans’ Insurance program. Totally Sec. 101. Budget flexibility. President and CEO of Hawaii Health disabled veterans would benefit greatly Sec. 102. Additional Authority to allocate Systems Corporation, testified about from the availability of higher supple- amounts in Reserve Funds. the soon-to-be-built State home in mental coverage amounts because the Sec. 103. Permitting General Services Adminis- Hilo. He said, ‘‘The synergy of a com- tration to obtain space and serv- current aggregate S–DVI coverage, ices on behalf of District of Co- bined Federal and State funding of the $30,000, is insufficient to meet disabled lumbia Public Defender Service. home has been the catalyst for making veterans’ life insurance needs. This Sec. 104. Authority to enter into Interstate In- this dream a reality.’’ The adjustments provision, which I authored, would in- surance Product Regulation Com- this legislation would make to the cur- crease the financial security of dis- pact. rent cost-sharing arrangement between abled veterans and. their families. Sec. 105. Metered taxicabs in the District of Co- VA and the States, which are derived In conclusion, I thank the Coalition lumbia. from S. 2762, legislation I introduced, to Salute America’s Heroes, the Na- Subtitle B—District of Columbia Courts may help ensure a high quality of care tional Multiple Sclerosis Society, the Sec. 111. Modernization of Office of Register of in State homes not only in Hawaii, but Parkinson’s Action Network, and the Wills. across the entire Nation. National Association of State Veterans Sec. 112. Increase in cap on rates of pay for Currently, care is provided at no cost Homes for their hard work and support nonjudicial employees. to the veteran when VA provides insti- Sec. 113. Clarification of rate for individuals of provisions in this legislation. providing services to indigent de- tutional, long-term care services to I am pleased that our committee con- fendants. those with service-connected disabil- tinues its tradition of bipartisanship. Sec. 114. Authority of Courts to conduct pro- ities rated 70 percent or higher in a VA The effort that produced the final ceedings outside of District of Co- nursing home or a private nursing care version of this legislation, vital to the lumbia during emergencies. facility with which VA contracts. How- continued provision of quality health Sec. 115. Authority of Court Services and Of- ever, when the care is provided in a care and benefits to our Nation’s vet- fender Supervision Agency to use State veterans’ home, VA pays only a erans, is just the latest example of that services of volunteers. per diem to the State, which then may Sec. 116. Technical corrections relating to spirit. courts. bill the veteran for the remaining I thank my colleagues in the Senate Sec. 117. Inclusion of court employees in en- costs. I believe this to be unfair, and for their support of this measure. hanced dental and vision benefit this legislation would provide for the Mr. FRIST. I ask unanimous consent program. same payment to State veterans’ that the committee-reported amend- Subtitle C—Other Miscellaneous Technical homes that is provided to community ment be agreed to, the bill, as amend- Corrections nursing homes which are furnishing ed, be read a third time and passed, the Sec. 121. 2004 District of Columbia Omnibus Au- care to these seriously disabled vet- title amendment be agreed to, the mo- thorization Act. erans. tion to reconsider be laid upon the Sec. 122. District of Columbia Appropriations I am gratified that this legislation table, and any statements relating to Act, 2005. includes extensive provisions to reau- the bill be printed in the RECORD. Sec. 123. Technical and conforming amend- thorize, improve and enhance services The PRESIDING OFFICER. Without ments relating to banks operating for homeless veterans. I commend Sen- under the Code of Law for the objection, it is so ordered. District of Columbia. ators OBAMA and BURR, both members The committee amendment in the Sec. 124. District of Columbia Schools fiscal of the Veterans’ Affairs Committee, for nature of a substitute was agreed to. year. their dedication to ensuring that com- The bill (S. 2694), as amended, was or- Sec. 125. Gifts to libraries. prehensive services are provided to dered to be engrossed for a third read- TITLE II—INDEPENDENCE OF THE CHIEF homeless veterans. I fully support ing, was read the third time, and FINANCIAL OFFICER these efforts and stand with my col- passed. Sec. 201. Promoting independence of Chief Fi- leagues in the battle to end homeless- The title amendment was agreed to. nancial Officer. ness among veterans. f Sec. 202. Personnel Authority. This bill also includes a provision Sec. 203. Procurement Authority. from a bill I introduced, S. 1537, that 2005 DISTRICT OF COLUMBIA Sec. 204. Fiscal impact statements. would authorize VA to designate at OMNIBUS AUTHORIZATION ACT TITLE III—AUTHORIZATION OF CERTAIN least two Multiple Sclerosis Centers of GENERAL APPROPRIATIONS PROVISIONS Excellence and six Parkinson’s Disease Mr. FRIST. I ask unanimous consent Sec. 301. Acceptance of gifts by Court Services Research, Education and Clinical Cen- that the committee-reported amend- and Offender Supervision Agency. ters. VA centers of excellence have ment be agreed to, the bill, as amend- Sec. 302. Evaluation process for public school employees. been the model of innovation in the de- ed, be read a third time and passed, the livery of highly specialized healthcare Sec. 303. Clarification of application of pay motion to reconsider be laid upon the provisions of Merit Personnel Sys- and research for chronic disease in the table, and any statements relating to tem to all District employees. veteran population. Providing a statu- the bill be printed in the RECORD. Sec. 304. Criteria for renewing or extending sole tory basis for these centers will ensure The PRESIDING OFFICER. Without source contracts. continued research and development of objection, it is so ordered. Sec. 305. Acceptance of grant amounts not in- progressive treatments to help reduce The Committee amendment in the cluded in annual budget. symptoms and improve the quality of nature of a substitute was agreed to. Sec. 306. Standards for annual independent audit. life for veterans battling with these The bill (H.R. 3508), as amended, was neurological diseases. Sec. 307. Use of fines imposed for violation of ordered to be engrossed for a third traffic alcohol laws for enforce- The bill also includes a provision reading, was read the third time and ment and prosecution of laws. that would allow VA to extend eligi- passed. Sec. 308. Certifications for attorneys in cases bility of VA’s State Cemetery Grants H.R. 3508 brought under Individuals With Program to tribal organizations. This Disabilities Education Act. Strike out all after the enacting clause and change, derived from my bill, S. 2659, insert: TITLE I—GOVERNANCE OF DISTRICT OF would allow for the establishment, ex- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. COLUMBIA pansion, and improvement of veterans’ (a) SHORT TITLE.—This Act may be cited as Subtitle A—General District of Columbia cemeteries on trust lands. If enacted, it the ‘‘2005 District of Columbia Omnibus Author- Governance will enable veterans living on trust ization Act’’. SEC. 101. BUDGET FLEXIBILITY. lands to have an option for burial much (b) TABLE OF CONTENTS.—The table of con- (a) PERMITTING INCREASE IN AMOUNT APPRO- closer to their family members and tents of this Act is as follows: PRIATED AS LOCAL FUNDS DURING A FISCAL other loved ones. Sec. 1. Short title; table of contents. YEAR.—Subpart 1 of part D of title IV of the

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00169 Fmt 4637 Sfmt 6333 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8894 CONGRESSIONAL RECORD — SENATE August 3, 2006 District of Columbia Home Rule Act (sec. 1– subsection may not exceed 50 percent of the bal- 60-day period which begins on the date of the 204.41 et seq., D.C. Official Code) is amended by ance of the fund involved at the time the alloca- subsequent allocation.’’. inserting after section 446 the following new sec- tion is made. SEC. 103. PERMITTING GENERAL SERVICES AD- tion: ‘‘(B) AGGREGATE AMOUNT ALLOCATED.—The MINISTRATION TO OBTAIN SPACE ‘‘PERMITTING INCREASE IN AMOUNT APPRO- aggregate amount allocated from the emergency AND SERVICES ON BEHALF OF DIS- PRIATED AS LOCAL FUNDS DURING A FISCAL reserve fund or the contingency reserve fund TRICT OF COLUMBIA PUBLIC DE- YEAR pursuant to the authority of this subsection FENDER SERVICE. ‘‘SEC. 446A. (a) IN GENERAL.—Notwith- during a fiscal year may not exceed 50 percent (a) AUTHORITY TO OBTAIN SPACE AND SERV- standing the fourth sentence of section 446, to of the balance of the fund involved as of the ICES.—At the request of the Director of the Dis- account for an unanticipated growth of revenue first day of such fiscal year. trict of Columbia Public Defender Service, the collections, the amount appropriated as District ‘‘(3) REPLENISHMENT.—If the District of Co- Administrator of General Services may furnish of Columbia funds under budget approved by lumbia allocates any amounts from a reserve space and services on behalf of the Service (ei- Act of Congress as provided in such section may fund pursuant to the authority of this sub- ther directly by providing space and services in be increased— section during a fiscal year, the District shall buildings owned or occupied by the Federal ‘‘(1) by an aggregate amount of not more than fully replenish the fund for the amounts allo- Government or indirectly by entering into leases 25 percent, in the case of amounts allocated cated not later than the earlier of— with non-Federal entities) in the same manner, under the budget as ‘Other-Type Funds’; and ‘‘(A) the expiration of the 9-month period and under the same terms and conditions, as the ‘‘(2) by an aggregate amount of not more than which begins on the date the allocation is made; Administrator may furnish space and services 6 percent, in the case of any other amounts allo- or on behalf of an agency of the Federal Govern- cated under the budget. ‘‘(B) the last day of the fiscal year. ment. ‘‘(b) CONDITIONS.—The District of Columbia ‘‘(4) EFFECTIVE DATE.—This subsection shall (b) EFFECTIVE DATE.—This section shall apply may obligate and expend any increase in the apply with respect to fiscal years 2006 through with respect to fiscal year 2006 and each suc- amount of funds authorized under this section 2007.’’. ceeding fiscal year. only in accordance with the following condi- (b) SPECIAL RULE FOR TIMING OF REPLENISH- MENT AFTER SUBSEQUENT ALLOCATION.— SEC. 104. AUTHORITY TO ENTER INTO INTER- tions: STATE INSURANCE PRODUCT REGU- (1) EMERGENCY RESERVE FUND.—Section ‘‘(1) The Chief Financial Officer of the Dis- LATION COMPACT. trict of Columbia shall certify— 450A(a)(7) of such Act (sec. 1–204.50A(a)(7), D.C. Official Code) is amended— (a) IN GENERAL.—The District of Columbia is ‘‘(A) the increase in revenue; and authorized to enter into an interstate compact to ‘‘(B) that the use of the amounts is not antici- (A) by striking ‘‘(7) REPLENISHMENT.—’’ and inserting the following: establish a joint state commission as an instru- pated to have a negative impact on the long- mentality of the District of Columbia for the term financial, fiscal, or economic health of the ‘‘(7) REPLENISHMENT.— ‘‘(A) IN GENERAL.—The District of Columbia’’; purpose of establishing uniform insurance prod- District. uct regulations among the participating states. ‘‘(2) The amounts shall be obligated and ex- and (b) DELEGATION.—Any insurance product reg- pended in accordance with laws enacted by the (B) by adding at the end the following new ulation compact that the Council of the District Council of the District of Columbia in support of subparagraph: ‘‘(B) SPECIAL RULE FOR REPLENISHMENT AFTER of Columbia authorizes the Mayor to execute on each such obligation and expenditure, con- ALLOCATION FOR CASH FLOW MANAGEMENT.— behalf of the District may contain provisions sistent with any other requirements under law. ‘‘(i) IN GENERAL.—If the District allocates that delegate the requisite power and authority ‘‘(3) The amounts may not be used to fund amounts from the emergency reserve fund dur- to the joint state commission to achieve the pur- any agencies of the District government oper- ing a fiscal year for cash flow management pur- poses for which the interstate compact is estab- ating under court-ordered receivership. poses pursuant to the authority of subsection (c) lished. ‘‘(4) The amounts may not be obligated or ex- and at any time afterwards during the year pended unless the Mayor has notified the Com- SEC. 105. METERED TAXICABS IN THE DISTRICT makes a subsequent allocation from the fund for mittees on Appropriations of the House of Rep- OF COLUMBIA. purposes of this subsection, and if as a result of resentatives and Senate, the Committee on Gov- (a) IN GENERAL.—Except as provided in sub- the subsequent allocation the balance of the ernment Reform of the House of Representa- section (b) and not later than 1 year after the fund is reduced to an amount which is less than tives, and the Committee on Homeland Security date of enactment of this Act, the District of Co- 50 percent of the balance of the fund as of the and Governmental Affairs of the Senate not lumbia shall require all taxicabs licensed in the first day of the fiscal year, the District shall re- fewer than 30 days in advance of the obligation District of Columbia to charge fares by a me- plenish the fund by such amount as may be re- or expenditure. tered system. quired to restore the balance to an amount ‘‘(c) EFFECTIVE DATE.—This section shall (b) DISTRICT OF COLUMBIA OPT OUT.—The which is equal to 50 percent of the balance of apply with respect to fiscal years 2006 through Mayor of the District of Columbia may exempt the fund as of the first day of the fiscal year. 2007.’’. the District of Columbia from the requirement ‘‘(ii) DEADLINE.—The District shall carry out (b) CONFORMING AMENDMENT.—The fourth any replenishment required under clause (i) as a under subsection (a) by issuing an executive sentence of section 446 of such Act (sec. 1–204.46, result of a subsequent allocation described in order that specifically states that the District of D.C. Official Code) is amended by inserting such clause not later than the expiration of the Columbia opts out of the requirement to imple- ‘‘section 446A,’’after ‘‘section 445A(b),’’. 60-day period which begins on the date of the ment a metered fare system for taxicabs. (c) CLERICAL AMENDMENT.—The table of con- subsequent allocation.’’. Subtitle B—District of Columbia Courts tents of such Act is amended by inserting after (2) CONTINGENCY RESERVE FUND.—Section the item relating to section 446 the following SEC. 111. MODERNIZATION OF OFFICE OF REG- 450A(b)(6) of such Act (sec. 1–204.50A(b)(6), D.C. new item: ISTER OF WILLS. Official Code) is amended— (a) REVISION OF DUTIES.—Section 11–2104(b), ‘‘Sec. 446A. Permitting increase in amount ap- (A) by striking ‘‘(6) REPLENISHMENT.—’’ and District of Columbia Official Code, is amended propriated as local funds during a inserting the following: to read as follows: fiscal year.’’. ‘‘(6) REPLENISHMENT.— SEC. 102. ADDITIONAL AUTHORITY TO ALLOCATE ‘‘(A) IN GENERAL.—The District of Columbia’’; ‘‘(b) In matters over which the Superior Court AMOUNTS IN RESERVE FUNDS. and has probate jurisdiction or powers, the Register (a) IN GENERAL.—Section 450A of the District (B) by adding at the end the following new of Wills shall— of Columbia Home Rule Act (sec. 1–204.50A, D.C. subparagraph: ‘‘(1) make full and fair entries, in separate Official Code) is amended— ‘‘(B) SPECIAL RULE FOR REPLENISHMENT AFTER records, of the proceedings of the court; (1) by redesignating subsection (c) as sub- ALLOCATION FOR CASH FLOW MANAGEMENT.— ‘‘(2) record in electronic or other format all section (d); and ‘‘(i) IN GENERAL.—If the District allocates wills proved before the Register of Wills or the (2) by inserting after subsection (b) the fol- amounts from the contingency reserve fund dur- court and other matters required by law to be lowing new subsection: ing a fiscal year for cash flow management pur- recorded in the court; ‘‘(c) ADDITIONAL AUTHORITY TO ALLOCATE poses pursuant to the authority of subsection (c) ‘‘(3) lodge in places of safety designated by AMOUNTS.— and at any time afterwards during the year the court original papers filed with the Register ‘‘(1) IN GENERAL.—Notwithstanding any other makes a subsequent allocation from the fund for of Wills; provision of this section, in addition to the au- purposes of this subsection, and if as a result of ‘‘(4) make out and issue every summons, proc- thority provided under this section to allocate the subsequent allocation the balance of the ess, and order of the court; and use amounts from the emergency reserve fund is reduced to an amount which is less than ‘‘(5) prepare and submit to the Executive Offi- fund under subsection (a) and the contingency 50 percent of the balance of the fund as of the cer of the District of Columbia courts such re- reserve fund under subsection (b), the District of first day of the fiscal year, the District shall re- ports as may be required; and Columbia may allocate amounts from such plenish the fund by such amount as may be re- funds during a fiscal year and use such quired to restore the balance to an amount ‘‘(6) in every respect, act under the control amounts for cash flow management purposes. which is equal to 50 percent of the balance of and direction of the court.’’. ‘‘(2) LIMITS ON AMOUNT ALLOCATED.— the fund as of the first day of the fiscal year. (b) REPEAL OF PENALTIES.— ‘‘(A) AMOUNT OF INDIVIDUAL ALLOCATION.— ‘‘(ii) DEADLINE.—The District shall carry out (1) IN GENERAL.—Section 11–2104, District of The amount of an allocation made from the any replenishment required under clause (i) as a Columbia Code, is amended— emergency reserve fund or the contingency re- result of a subsequent allocation described in (A) in the heading, by striking ‘‘; penalties’’; serve fund pursuant to the authority of this such clause not later than the expiration of the and

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(B) by striking subsections (d) and (e). end of the items relating to subchapter I the fol- ‘‘(2) APPLICABILITY OF WORKER’S COMPENSA- (2) CLERICAL AMENDMENT.—The item relating lowing: TION RULES TO VOLUNTEERS.—Any volunteer to section 11–2104 in the table of sections for ‘‘11–710. Emergency authority to conduct pro- whose services are accepted pursuant to this chapter 21 of title 11, District of Columbia Offi- ceedings outside District of Co- subsection shall be considered an employee of cial Code, is amended by striking ‘‘; penalties’’. lumbia.’’. the United States Government in providing the (c) RECORD OF CLAIMS AGAINST NONRESIDENT (b) SUPERIOR COURT OF THE DISTRICT OF CO- services for purposes of chapter 81 of title 5, DECEDENTS.—Section 20–343(d), District of Co- LUMBIA.— United States Code (relating to compensation for lumbia Official Code, is amended by striking the (1) IN GENERAL.—Subchapter I of chapter 9 of work injuries) and chapter 11 of title 18, United second sentence and inserting the following: title 11, District of Columbia Official Code, is States Code, relating to corruption and conflicts ‘‘The Register shall record all such claims and amended by adding at the end the following of interest.’’. releases.’’. new section: SEC. 116. TECHNICAL CORRECTIONS RELATING SEC. 112. INCREASE IN CAP ON RATES OF PAY ‘‘§ 11–911. Emergency Authority to conduct TO COURTS. FOR NONJUDICIAL EMPLOYEES. proceedings outside District of Columbia (a) IN GENERAL.—Section 329 of the District of (a) IN GENERAL.—The second sentence of sec- ‘‘(a) IN GENERAL.—The Superior Court may Columbia Appropriations Act, 2005 (Public Law tion 11–1726(a), District of Columbia Official hold special sessions at any place within the 108–335; 118 Stat. 1345), is amended to read as Code, is amended by striking ‘‘pay fixed by ad- United States outside the District of Columbia follows: ministrative action in section 5373’’ and insert- as the nature of the business may require and ‘‘SEC. 329. (a) APPROVAL OF BONDS BY JOINT ing ‘‘maximum pay in section 5382(a)’’. upon such notice as the Superior Court orders, COMMITTEE ON JUDICIAL ADMINISTRATION.—Sec- (b) EFFECTIVE DATE.—The amendment made upon a finding by either the chief judge of the tion 11–1701(b), District of Columbia Official by subsection (a) shall apply with respect to pay Superior Court (or, if the chief judge is absent Code, is amended by striking paragraph (5). periods beginning on or after the date of the en- or disabled, the judge designated under section ‘‘(b) EXECUTIVE OFFICER.— actment of this Act. 11–907(a)) or the Joint Committee on Judicial ‘‘(1) IN GENERAL.—Section 11–1704, District of SEC. 113. CLARIFICATION OF RATE FOR INDIVID- Administration in the District of Columbia that, Columbia Official Code, is amended to read as UALS PROVIDING SERVICES TO INDI- because of emergency conditions, no location follows: GENT DEFENDANTS. within the District of Columbia is reasonably ‘OATH OF EXECUTIVE OFFICER (a) IN GENERAL.—Section 11–2605, District of available where such special sessions could be Columbia Official Code, is amended— ‘SEC. 11–1704. held. (1) by striking subsection (b); ‘The Executive Officer shall take an oath or ‘‘(b) BUSINESS TRANSACTED.—The Superior affirmation for the faithful and impartial dis- (2) in subsection (c), by inserting after Court may transact any business at a special ‘‘United States Code,’’ the following: ‘‘(or, in charge of the duties of that office.’. session outside the District of Columbia author- ‘‘(2) CLERICAL AMENDMENT.—The table of sec- the case of investigative services, a fixed rate of ized pursuant to this section which it has the $25 per hour)’’; tions for chapter 17 of title 11, District of Colum- authority to transact at a regular session, ex- bia Official Code, is amended by amending the (3) in subsection (d), by inserting after cept that a criminal trial may not be conducted ‘‘United States Code,’’ the following: ‘‘(or, in item relating to section 11–1704 to read as fol- at such a special session without the consent of lows: the case of investigative services, a fixed rate of the defendant. $25 per hour)’’; and ‘‘(c) SUMMONING OF JURORS.—Notwith- ‘11–1704. Oath of Executive Officer.’. (4) by redesignating subsections (c) and (d) as standing any other provision of law, in any case ‘‘(c) FISCAL OFFICER.—Section 11–1723, Dis- subsections (b) and (c). in which special sessions are conducted pursu- trict of Columbia Official Code, is amended— (b) EFFECTIVE DATE.—The amendment made ant to this section, the Superior Court may sum- ‘‘(1) by striking ‘(a)(1)’and inserting ‘(a)’; by subsection (a) shall apply with respect to mon jurors— ‘‘(2) by striking subsection (b); and services provided on or after the date of the en- ‘‘(1) in civil proceedings, from any part of the ‘‘(3) by redesignating paragraphs (2) and (3) actment of this Act. District of Columbia or, if jurors are not readily of subsection (a) as subsections (b) and (c). SEC. 114. AUTHORITY OF COURTS TO CONDUCT available from the District of Columbia, the ju- ‘‘(d) AUDITOR-MASTER.—Section 11–1724, Dis- PROCEEDINGS OUTSIDE OF DIS- risdiction in which it is holding the special ses- trict of Columbia Official Code, is amended by TRICT OF COLUMBIA DURING EMER- sion; and striking the second and third sentences. GENCIES. ‘‘(2) in criminal trials, from any part of the ‘‘(e) REGISTER OF WILLS.— (a) DISTRICT OF COLUMBIA COURT OF AP- District of Columbia or, if jurors are not readily ‘‘(1) IN GENERAL.—Section 11–2102, District of PEALS.— available from the District of Columbia and if Columbia Official Code, is amended— (1) IN GENERAL.—Subchapter I of chapter 7 of the defendant so consents, the jurisdiction in ‘‘(A) in the heading, by striking ‘ ’; title 11, District of Columbia Official Code, is bond; which it is holding the special session. amended by adding at the end the following ‘‘(B) in subsection (a)(2), by striking ‘give ‘‘(d) NOTICE REQUIREMENTS.—If the Superior new section: bond,’and all that follows through ‘seasonably Court issues an order exercising its authority to record’ and inserting ‘seasonably record’; and ‘‘§ 11–710. Emergency Authority to conduct under subsection (a), the Court— ‘‘(C) by striking the third sentence of sub- proceedings outside District of Columbia ‘‘(1) through the Joint Committee on Judicial section (a). ‘‘(a) IN GENERAL.—The court may hold special Administration in the District of Columbia, shall ‘‘(2) CLERICAL AMENDMENT.—The item relating sessions at any place within the United States send notice of such order, including the reasons to section 11–2102 in the table of sections for outside the District of Columbia as the nature of for the issuance of such order, to the Committee chapter 21 of title 11, District of Columbia Offi- the business may require and upon such notice on Homeland Security and Governmental Af- cial Code, is amended by striking ‘bond;’.’’. as the court orders, upon a finding by either the fairs of the Senate and the Committee on Gov- (b) CLERICAL AMENDMENT.—The table of sec- chief judge of the court (or, if the chief judge is ernment Reform of the House of Representa- tions for chapter 17 of title 11, District of Colum- absent or disabled, the judge designated under tives; and bia Official Code, is amended by amending the section 11–706(a)) or the Joint Committee on Ju- ‘‘(2) shall provide reasonable notice to the item relating to section 11–1728 to read as fol- dicial Administration in the District of Columbia United States Marshals Service before the com- lows: that, because of emergency conditions, no loca- mencement of any special session held pursuant ‘‘11–1728. Recruitment and training of per- tion within the District of Columbia is reason- to such order.’’. sonnel; travel.’’. ably available where such special sessions could (2) CLERICAL AMENDMENT.—The table of con- be held. The court may transact any business at tents of chapter 9 of title 11, District of Colum- (c) EFFECTIVE DATE.—The amendments made a special session authorized pursuant to this bia Official Code, is amended by adding at the by this section shall take effect as if included in section which it has the authority to transact at end of the items relating to subchapter I the fol- the enactment of the District of Columbia Ap- a regular session. lowing: propriations Act, 2005. ‘‘(b) NOTICE REQUIREMENTS.—If the Court of ‘‘11–911. Emergency authority to conduct pro- SEC. 117. INCLUSION OF COURT EMPLOYEES IN Appeals issues an order exercising its authority ceedings outside District of Co- ENHANCED DENTAL AND VISION BENEFIT PROGRAM. under subsection (a), the court— lumbia.’’. ‘‘(1) through the Joint Committee on Judicial (a) UNITED STATES CODE.—Title 5 of the SEC. 115. AUTHORITY OF COURT SERVICES AND United States Code is amended— Administration in the District of Columbia, shall OFFENDER SUPERVISION AGENCY send notice of such order, including the reasons TO USE SERVICES OF VOLUNTEERS. (1) in section 8951(1) by adding at the end the for the issuance of such order, to the Committee Section 11233 of the National Capital Revital- following: ‘‘and an employee of the District of on Homeland Security and Governmental Af- ization and Self-Government Improvement Act Columbia courts’’; fairs of the Senate and the Committee on Gov- of 1997 (sec. 24–133, D.C. Official Code) is (2) in section 8981(1) by adding at the end the ernment Reform of the House of Representa- amended by adding at the end the following following: ‘‘and an employee of the District of tives; and new subsection: Columbia courts’’; and ‘‘(2) shall provide reasonable notice to the ‘‘(g) AUTHORITY TO USE SERVICES OF VOLUN- (3) in section 9001(1) is amended— United States Marshals Service before the com- TEERS.— (A) in subparagraph (C), by striking ‘‘and’’; mencement of any special session held pursuant ‘‘(1) IN GENERAL.—The Agency (including any (B) in subparagraph (D), by striking the pe- to such order.’’. independent entity within the Agency) may ac- riod and inserting a semicolon and ‘‘and’’; and (2) CLERICAL AMENDMENT.—The table of con- cept the services of volunteers and provide for (C) by adding at the end the following: ‘‘(E) tents of chapter 7 of title 11, District of Colum- their incidental expenses to carry out any activ- an employee of the District of Columbia bia Official Code, is amended by adding at the ity of the Agency except policy-making. courts.’’.

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(b) D.C. CODE.—Section 11–1726, District of (d) FEDERAL DEPOSIT INSURANCE ACT.—Sec- ‘‘(B) The Office of Tax and Revenue, headed Columbia Code, is amended— tion 3(a)(2)(B) of the Federal Deposit Insurance by the Deputy Chief Financial Officer for the (1) in subsection (b)(1), by striking subpara- Act(12 U.S.C. 1813(a)(2)(B)) is amended by strik- Office of Tax and Revenue. graph (F) and inserting the following: ing ‘‘(except a national bank)’’. ‘‘(C) The Office of Research and Analysis, ‘‘(F) Chapter 89A (relating to enhanced dental (e) NATIONAL BANK CONSOLIDATION AND headed by the Deputy Chief Financial Officer benefits). MERGER ACT.—Section 7(1) of the National for the Office of Research and Analysis. ‘‘(G) Chapter 89B (relating to enhanced vision Bank Consolidation and Merger Act(12 U.S.C. ‘‘(D) The Office of Financial Operations and benefits). 215b(1)) is amended by striking ‘‘(except a na- Systems, headed by the Deputy Chief Financial ‘‘(H) Chapter 90 (relating to long-term care in- tional banking association located in the Dis- Officer for the Office of Financial Operations surance).’’; and trict of Columbia)’’. and Systems. (2) in subsection (c)(1), by striking subpara- (f) AN ACT OF AUGUST 17, 1950.—Section 1(a) ‘‘(E) The Office of Finance and Treasury, graph (D) and inserting the following: of the Act entitled ‘‘An Act to provide for the headed by the District of Columbia Treasurer. ‘‘(D) Chapter 89A (relating to enhanced den- conversion of national banking associations into ‘‘(F) The Lottery and Charitable Games Con- tal benefits). and their merger or consolidation with State trol Board, established by the Law to Legalize ‘‘(E) Chapter 89B (relating to enhanced vision banks, and for other purposes’’ and approved Lotteries, Daily Numbers Games, and Bingo and benefits). August 17, 1950 (12 U.S.C. 214(a)) is amended by Raffles for Charitable Purposes in the District of ‘‘(F) Chapter 90 (relating to long-term care in- striking ‘‘(except a national banking associa- Columbia, effective March 10, 1981 (D.C. Law 3– surance).’’. tion)’’. 172; D.C. Official Code § 3–1301 et seq.). Subtitle C—Other Miscellaneous Technical (g) FEDERAL TRADE COMMISSION ACT.—Sec- ‘‘(4) SUPERVISOR.—The heads of the offices Corrections tion 18(f)(2) of the Federal Trade Commission listed in paragraph (3) of this section shall serve Act(15 U.S.C. 57a(f)(2)) is amended— at the pleasure of the Chief Financial Officer. SEC. 121. 2004 DISTRICT OF COLUMBIA OMNIBUS ‘‘(5) APPOINTMENT AND REMOVAL OF OFFICE AUTHORIZATION ACT. (1) in subparagraph (A), by striking ‘‘, banks operating under the code of law for the District EMPLOYEES.—The Chief Financial Officer shall (a) IN GENERAL.—The first sentence of section appoint the heads of the subordinate offices des- 446(a) of the District of Columbia Home Rule of Columbia,’’; and (2) in subparagraph (B), by striking ‘‘and ignated in paragraph (3), after consultation Act (sec. 1–204.46(a), D.C. Official Code) is with the Mayor and the Council. The Chief Fi- amended by striking ‘‘The Council,’’and all that banks operating under the code of law for the District of Columbia’’. nancial Officer may remove the heads of the of- follows through ‘‘from the Mayor,’’and insert- fices designated in paragraph (3), after con- ing ‘‘The Council, within 56 calendar days after SEC. 124. DISTRICT OF COLUMBIA SCHOOLS FIS- CAL YEAR. sultation with the Mayor and the Council. receipt of the budget proposal from the Mayor,’’. ‘‘(6) ANNUAL BUDGET SUBMISSION.—The Chief Section 441(b)(2) of the District of Columbia (b) EFFECTIVE DATE.—The amendment made Financial Officer shall prepare and annually Home Rule Act (section 1–204.41, D.C. Official by subsection (a) shall take effect as if included submit to the Mayor of the District of Columbia, Code) is amended by striking ‘‘shall begin’’ and in the enactment of the 2004 District of Colum- for inclusion in the annual budget of the Dis- inserting ‘‘may begin’’. bia Omnibus Authorization Act. trict of Columbia government for a fiscal year, SEC. 122. DISTRICT OF COLUMBIA APPROPRIA- SEC. 125. GIFTS TO LIBRARIES. annual estimates of the expenditures and appro- TIONS ACT, 2005. Section 115(c) of title III of division C of Pub- priations necessary for the year for the oper- (a) IN GENERAL.—Section 450A of the District lic Law 108–7 in amended by inserting ‘‘and the ation of the Office and all other District of Co- of Columbia Home Rule Act (sec. 1–204.50A, D.C. District of Columbia Public Libraries’’ before the lumbia accounting, budget, and financial man- Official Code), as amended by section 332 of the period. agement personnel (including personnel of exec- District of Columbia Appropriations Act, 2005 TITLE II—INDEPENDENCE OF THE CHIEF utive branch independent agencies) that report (Public Law 108–335; 118 Stat. 1346), is amend- FINANCIAL OFFICER to the Office pursuant to this Act. ed— SEC. 201. PROMOTING INDEPENDENCE OF CHIEF ‘‘(b) APPOINTMENT OF THE CHIEF FINANCIAL (1) in the heading of subsection (a)(2), by FINANCIAL OFFICER. OFFICER.— striking ‘‘IN GENERAL’’and inserting ‘‘OPER- (a) IN GENERAL.—Section 424 of the District of ‘‘(1) APPOINTMENT.— ATING EXPENDITURES DEFINED’’; and Columbia Home Rule Act (sec. 1–204.24a et seq., ‘‘(A) IN GENERAL.—The Chief Financial Offi- (2) in the heading of subsection (b)(2), by D.C. Official Code) is amended to read as fol- cer shall be appointed by the Mayor with the striking ‘‘IN GENERAL’’ and inserting ‘‘OPER- lows: advice and consent, by resolution, of the Coun- ATING EXPENDITURES DEFINED’’. cil. Upon confirmation by the Council, the name ‘‘CHIEF FINANCIAL OFFICER OF THE DISTRICT OF (b) EFFECTIVE DATE.—The amendments made of the Chief Financial Officer shall be submitted COLUMBIA by subsection (a) shall take effect as if included to the Committees on Appropriations of the ‘‘SEC. 424. (a) IN GENERAL.— in the enactment of the District of Columbia Ap- House of Representatives and Senate, the Com- ‘‘(1) ESTABLISHMENT.—There is hereby estab- propriations Act, 2005. mittee on Government Reform of the House of lished within the executive branch of the gov- SEC. 123. TECHNICAL AND CONFORMING AMEND- Representatives, and the Committee on Home- ernment of the District of Columbia an Office of MENTS RELATING TO BANKS OPER- land Security and Governmental Affairs of the the Chief Financial Officer of the District of Co- ATING UNDER THE CODE OF LAW Senate for a 30-day period of review and com- lumbia (hereafter referred to as the ‘Office’), FOR THE DISTRICT OF COLUMBIA. ment before the appointment takes effect. which shall be headed by the Chief Financial (a) FEDERAL RESERVE ACT.— ‘‘(B) SPECIAL RULE FOR CONTROL YEARS.— (1) The second undesignated paragraph of the Officer of the District of Columbia (hereafter re- During a control year, the Chief Financial Offi- first section of the Federal Reserve Act(12 U.S.C. ferred to as the ‘Chief Financial Officer’). cer shall be appointed by the Mayor as follows: 221) is amended by adding at the end the fol- ‘‘(2) ORGANIZATIONAL ANALYSIS.— ‘‘(i) Prior to the appointment, the Authority lowing: ‘‘For purposes of this Act, a State bank ‘‘(A) OFFICE OF BUDGET AND PLANNING.—The may submit recommendations for the appoint- includes any bank which is operating under the name of the Office of Budget and Management, ment to the Mayor. Code of Law for the District of Columbia.’’. established by Commissioner’s Order 69–96, ‘‘(ii) In consultation with the Authority and (2) The first sentence of the first undesignated issued March 7, 1969, is changed to the Office of the Council, the Mayor shall nominate an indi- paragraph of section 9 of the Federal Reserve Budget and Planning. vidual for appointment and notify the Council Act(12 U.S.C. 321) is amended by striking ‘‘in- ‘‘(B) OFFICE OF TAX AND REVENUE.—The name of the nomination. corporated by special law of any State, or’’ and of the Department of Finance and Revenue, es- ‘‘(iii) After the expiration of the 7-day period inserting ‘‘incorporated by special law of any tablished by Commissioner’s Order 69–96, issued which begins on the date the Mayor notifies the State, operating under the Code of Law for the March 7, 1969, is changed to the Office of Tax Council of the nomination under clause (ii), the District of Columbia, or’’. and Revenue. Mayor shall notify the Authority of the nomina- (b) BANK CONSERVATION ACT.—Section 202 of ‘‘(C) OFFICE OF FINANCE AND TREASURY.—The tion. the Bank Conservation Act(12 U.S.C. 202) is name of the Office of Treasurer, established by ‘‘(iv) The nomination shall be effective subject amended— Mayor’s Order 89–244, dated October 23, 1989, is to approval by a majority vote of the Authority. (1) by striking ‘‘means (1) any national’’ and changed to the Office of Finance and Treasury. ‘‘(2) TERM.— inserting ‘‘means any national’’; and ‘‘(D) OFFICE OF FINANCIAL OPERATIONS AND ‘‘(A) IN GENERAL.—All appointments made (2) by striking ‘‘, and (2) any bank or trust SYSTEMS.—The Office of the Controller, estab- after June 30, 2007, shall be for a term of 5 company located in the District of Columbia and lished by Mayor’s Order 89–243, dated October years, except for appointments made for the re- operating under the supervision of the Comp- 23, 1989, and the Office of Financial Informa- mainder of unexpired terms. The appointments troller of the Currency’’. tion Services, established by Mayor’s Order 89– shall have an anniversary date of July 1. (c) DEPOSITORY INSTITUTION DEREGULATION 244, dated October 23, 1989, are consolidated ‘‘(B) TRANSITION.—For purposes of this sec- AND MONETARY CONTROL ACT OF 1980.—Part C into the Office of Financial Operations and Sys- tion, the individual serving as Chief Financial of title VII of the Depository Institution Deregu- tems. Officer as of the date of enactment of the 2005 lation and Monetary Control Act of 1980 is ‘‘(3) TRANSFERS.—Effective with the appoint- District of Columbia Omnibus Authorization Act amended— ment of the first Chief Financial Officer under shall be deemed to have been appointed under (1) in paragraph (1) of section 731 (12 U.S.C. subsection (b), the functions and personnel of this subsection, except that such individual’s 216(1)) by striking ‘‘and closed banks in the Dis- the following offices are established as subordi- initial term of office shall begin upon such date trict of Columbia’’; and nate offices within the Office: and shall end on June 30, 2007. (2) in paragraph (2) of section 732 (12 U.S.C. ‘‘(A) The Office of Budget and Planning, ‘‘(C) CONTINUANCE.—Any Chief Financial Of- 216a(2)) by striking ‘‘or closed banks in the Dis- headed by the Deputy Chief Financial Officer ficer may continue to serve beyond his term trict of Columbia’’. for the Office of Budget and Planning. until a successor takes office.

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‘‘(D) VACANCIES.—Any vacancy in the Office ‘‘(D) reliable accounting results to serve as the ‘‘(21) Administering the centralized District of Chief Financial Officer shall be filled in the basis for preparing and supporting agency government payroll and retirement systems same manner as the original appointment under budget requests and controlling the execution of (other than the retirement system for police offi- paragraph (1). the budget. cers, fire fighters, and teachers). ‘‘(E) PAY.—The Chief Financial Officer shall ‘‘(8) Submitting to the Council a financial ‘‘(22) Governing the accounting policies and be paid at an annual rate equal to the rate of statement of the District government, containing systems applicable to the District government. basic pay payable for level I of the Executive such details and at such times as the Council Schedule. may specify. ‘‘(23) Preparing appropriate annual, quar- ‘‘(c) REMOVAL OF THE CHIEF FINANCIAL OFFI- ‘‘(9) Supervising and assuming responsibility terly, and monthly financial reports of the ac- CER.— for the assessment of all property subject to as- counting and financial operations of the Dis- ‘‘(1) IN GENERAL.—The Chief Financial Officer sessment and special assessments within the cor- trict government. may only be removed for cause by the Mayor, porate limits of the District of Columbia for tax- ‘‘(24) Not later than 120 days after the end of subject to the approval of the Council by a reso- ation, preparing tax maps, and providing such each fiscal year, preparing the complete finan- lution approved by not fewer than 2⁄3 of the notice of taxes and special assessments (as may cial statement and report on the activities of the members of the Council. After approval of the be required by law). District government for such fiscal year, for the resolution by the Council, notice of the removal ‘‘(10) Supervising and assuming responsibility use of the Mayor under section 448(a)(4). shall be submitted to the Committees on Appro- for the levying and collection of all taxes, spe- priations of the House of Representatives and cial assessments, licensing fees, and other reve- ‘‘(25) Preparing fiscal impact statements on Senate, the Committee on Government Reform of nues of the District of Columbia (as may be re- regulations, multiyear contracts, contracts over the House of Representatives, and the Com- quired by law), and receiving all amounts paid $1,000,000 and on legislation, as required by sec- mittee on Homeland Security and Governmental to the District of Columbia from any source (in- tion 4a of the General Legislative Procedures Affairs of the Senate for a 30-day period of re- cluding the Authority). Act of 1975. view and comment before the removal takes ef- ‘‘(11) Maintaining custody of all public funds ‘‘(26) Preparing under the direction of the fect. belonging to or under the control of the District Mayor, who has the specific responsibility for ‘‘(2) SPECIAL RULE FOR CONTROL YEARS.—Dur- government (or any department or agency of the formulating budget policy using Chief Financial ing a control year, the Chief Financial Officer District government), and depositing all Officer technical and human resources, the may be removed for cause by the Authority or amounts paid in such depositories and under budget for submission by the Mayor to the by the Mayor with the approval of the Author- such terms and conditions as may be designated Council and to the public and upon final adop- ity. by the Council (or by the Authority during a tion to Congress and to the public. ‘‘(d) DUTIES OF THE CHIEF FINANCIAL OFFI- control year). CER.—Notwithstanding any provisions of this ‘‘(12) Maintaining custody of all investment ‘‘(27) Certifying all collective bargaining Act which grant authority to other entities of and invested funds of the District government or agreements and nonunion pay proposals prior to the District government, the Chief Financial Of- in possession of the District government in a fi- submission to the Council for approval as to the ficer shall have the following duties and shall duciary capacity, and maintaining the safe- availability of funds to meet the obligations ex- take such steps as are necessary to perform keeping of all bonds and notes of the District pected to be incurred by the District government these duties: government and the receipt and delivery of Dis- under such collective bargaining agreements ‘‘(1) During a control year, preparing the fi- trict government bonds and notes for transfer, and nonunion pay proposals during the year. nancial plan and the budget for the use of the registration, or exchange. ‘‘(e) FUNCTIONS OF TREASURER.—At all times, Mayor for purposes of subtitle A of title II of the ‘‘(13) Apportioning the total of all appropria- the Treasurer shall have the following duties: District of Columbia Financial Responsibility tions and funds made available during the year and Management Assistance Act of 1995. for obligation so as to prevent obligation or ex- ‘‘(1) Assisting the Chief Financial Officer in ‘‘(2) Preparing the budgets of the District of penditure in a manner which would result in a reporting revenues received by the District gov- Columbia for the year for the use of the Mayor deficiency or a need for supplemental appro- ernment, including submitting annual and for purposes of part D and preparing the 5-year priations during the year, and (with respect to quarterly reports concerning the cash position financial plan based upon the adopted budget appropriations and funds available for an in- of the District government not later than 60 for submission with the District of Columbia definite period and all authorizations to create days after the last day of the quarter (or year) budget by the Mayor to Congress. obligations by contract in advance of appropria- involved. Each such report shall include the fol- ‘‘(3) During a control year, assuring that all tions) apportioning the total of such appropria- lowing: financial information presented by the Mayor is tions, funds, or authorizations in the most effec- ‘‘(A) Comparative reports of revenue and presented in a manner, and is otherwise con- tive and economical manner. other receipts by source, including tax, nontax, sistent with, the requirements of the District of ‘‘(14) Certifying all contracts and leases and Federal revenues, grants and reimburse- Columbia Financial Responsibility and Manage- (whether directly or through delegation) prior to ments, capital program loans, and advances. ment Assistance Act of 1995. execution as to the availability of funds to meet ‘‘(4) Implementing appropriate procedures and Each source shall be broken down into specific instituting such programs, systems, and per- the obligations expected to be incurred by the components. sonnel policies within the Chief Financial Offi- District government under such contracts and ‘‘(B) Statements of the cash flow of the Dis- cer’s authority, to ensure that budget, account- leases during the year. trict government for the preceding quarter or ‘‘(15) Prescribing the forms of receipts, vouch- ing, and personnel control systems and struc- year, including receipts, disbursements, net ers, bills, and claims to be used by all agencies, tures are synchronized for budgeting and con- changes in cash inclusive of the beginning bal- offices, and instrumentalities of the District gov- trol purposes on a continuing basis and to en- ance, cash and investment, and the ending bal- ernment. sure that appropriations are not exceeded. ‘‘(16) Certifying and approving prior to pay- ance, inclusive of cash and investment. Such ‘‘(5) Preparing and submitting to the Mayor ment of all bills, invoices, payrolls, and other statements shall reflect the actual, planned, bet- and the Council, with the approval of the Au- ter or worse dollar amounts and the percentage thority during a control year, and making pub- evidences of claims, demands, or charges against the District government, and determining the change with respect to the current quarter, lic— year-to-date, and fiscal year. ‘‘(A) annual estimates of all revenues of the regularity, legality, and correctness of such District of Columbia (without regard to the bills, invoices, payrolls, claims, demands, or ‘‘(C) Quarterly cash flow forecast for the source of such revenues), including proposed charges. quarter or year involved, reflecting receipts, dis- revenues, which shall be binding on the Mayor ‘‘(17) In coordination with the Inspector Gen- bursements, net change in cash inclusive of the and the Council for purposes of preparing and eral of the District of Columbia, performing in- beginning balance, cash and investment, and submitting the budget of the District government ternal audits of accounts and operations and the ending balance, inclusive of cash and in- for the year under part D of this title, except records of the District government, including the vestment with respect to the actual dollar that the Mayor and the Council may prepare examination of any accounts or records of fi- amounts for the quarter or year, and projected the budget based on estimates of revenues which nancial transactions, giving due consideration dollar amounts for each of the 3 succeeding are lower than those prepared by the Chief Fi- to the effectiveness of accounting systems, inter- quarters. nancial Officer; and nal control, and related administrative practices ‘‘(D) Monthly reports reflecting a detailed ‘‘(B) quarterly re-estimates of the revenues of of the departments and agencies of the District summary analysis of all District of Columbia the District of Columbia during the year. government. government investments, including— ‘‘(6) Supervising and assuming responsibility ‘‘(18) Exercising responsibility for the adminis- for financial transactions to ensure adequate tration and supervision of the District of Colum- ‘‘(i) the total of long-term and short-term in- control of revenues and resources. bia Treasurer. vestments; ‘‘(7) Maintaining systems of accounting and ‘‘(19) Supervising and administering all bor- ‘‘(ii) a detailed summary analysis of invest- internal control designed to provide— rowing programs for the issuance of long-term ments by type and amount, including purchases, ‘‘(A) full disclosure of the financial impact of and short-term indebtedness, as well as other fi- sales (maturities), and interest; the activities of the District government; nancing-related programs of the District govern- ‘‘(iii) an analysis of investment portfolio mix ‘‘(B) adequate financial information needed ment. by the District government for management pur- ‘‘(20) Administering the cash management by type and amount, including liquidity, qual- poses; program of the District government, including ity/risk of each security, and similar informa- ‘‘(C) effective control over, and accountability the investment of surplus funds in governmental tion; for, all funds, property, and other assets of the and non-governmental interest-bearing securi- ‘‘(iv) an analysis of investment strategy, in- District of Columbia; and ties and accounts. cluding near-term strategic plans and projects of

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00173 Fmt 4637 Sfmt 6333 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8898 CONGRESSIONAL RECORD — SENATE August 3, 2006 investment activity, as well as forecasts of fu- from entering into a collective bargaining agree- under such Act to procurement carried out by ture investment strategies based on anticipated ment governing such employees and personnel the Chief Procurement Officer established by market conditions, and similar information; and or to prohibit the enforcement of such an agree- section 105 of such Act or any successor office ‘‘(v) an analysis of cash utilization, includ- ment as entered into by the Chief Financial Of- shall apply with respect to the procurement car- ing— ficer. ried out by the Chief Financial Officer’s pro- ‘‘(I) comparisons of budgeted percentages of ‘‘(b) PERSONNEL.—The personnel described in curement office or division.’’. total cash to be invested with actual percentages this subsection are as follows: (2) CLERICAL AMENDMENT.—The table of con- of cash invested and the dollar amounts; ‘‘(1) The General Counsel to the Chief Finan- tents of part B of title IV of the District of Co- ‘‘(II) comparisons of the next return on in- cial Officer and all other attorneys in the Office lumbia Home Rule Act, as amended by section vested cash expressed in percentages (yield) of the General Counsel within the Office of the 203(a)(2), is further amended by adding at the with comparable market indicators and estab- Chief Financial Officer of the District of Colum- end following new item: lished District of Columbia government yield ob- bia, together with all other personnel of the Of- ‘‘Sec. 424b. Procurement authority of the Chief jectives; and fice. Financial Officer.’’. ‘‘(III) comparisons of estimated dollar return ‘‘(2) All other individuals hired or retained as (b) CONFORMING AMENDMENTS.— against actual dollar yield. attorneys by the Chief Financial Officer or any (1) PROCUREMENT PRACTICES ACT.—Section 104 ‘‘(E) Monthly reports reflecting a detailed office under the personnel authority of the of the District of Columbia Procurement Prac- summary analysis of long-term and short-term Chief Financial Officer, each of whom shall act tices Act of 1985 (sec. 2–301.04, D.C. Official borrowings inclusive of debt as authorized by under the direction and control of the General Code) is amended— section 603, in the current fiscal year and the Counsel to the Chief Financial Officer. (A) in subsection (a), by striking ‘‘, and the amount of debt for each succeeding fiscal year ‘‘(3) The heads and all personnel of the subor- District of Columbia Financial Responsibility not to exceed 5 years. All such reports shall re- dinate offices of the Office (as described in sec- and Management Assistance Authority’’ and in- flect— tion 424(a)(2) and established as subordinate of- serting the following: ‘‘the District of Columbia ‘‘(i) the amount of debt outstanding by type of fices in section 424(a)(3)) and the Chief Finan- Financial Responsibility and Management As- instrument; cial Officers, Agency Fiscal Officers, and Asso- sistance Authority, and (to the extent described ‘‘(ii) the amount of authorized and unissued ciate Chief Financial Officers of all District of in section 424b of the District of Columbia Home debt, including availability of short-term lines of Columbia executive branch subordinate and Rule Act) the Office of the Chief Financial Offi- credit, United States Treasury borrowings, and independent agencies (in accordance with sub- cer of the District of Columbia’’; and similar information; section (c)), together with all other District of ‘‘(iii) a maturity schedule of the debt; Columbia accounting, budget, and financial (B) in subsection (c), by striking the second ‘‘(iv) the rate of interest payable upon the management personnel (including personnel of and third sentences. debt; and executive branch independent agencies, but not (2) OTHER CONFORMING AMENDMENT.—Section ‘‘(v) the amount of debt service requirements including personnel of the legislative or judicial 132 of the District of Columbia Appropriations and related debt service reserves. branches of the District government). Act, 2006 (Public Law 109–115) is hereby re- ‘‘(2) Such other functions assigned to the ‘‘(c) APPOINTMENT OF CERTAIN EXECUTIVE pealed. Chief Financial Officer under subsection (d) as BRANCH AGENCY CHIEF FINANCIAL OFFICERS.— (c) EFFECTIVE DATE.—This section and the the Chief Financial Officer may delegate. ‘‘(1) IN GENERAL.—The Chief Financial Offi- amendments made by this section shall take ef- ‘‘(f) DEFINITIONS.—For purposes of this sec- cers and Associate Chief Financial Officers of fect 6 months after the date of enactment of this tion (and sections 424a and 424b)— all District of Columbia executive branch subor- Act. ‘‘(1) the term ‘Authority’ means the District of dinate and independent agencies (other than SEC. 204. FISCAL IMPACT STATEMENTS. Columbia Financial Responsibility and Manage- those of a subordinate office of the Office) shall The General Legislative Procedures Act of ment Assistance Authority established under be appointed by the Chief Financial Officer, in 1975 (sec. 1–301.45 et seq., D.C. Official Code) is section 101(a) of the District of Columbia Finan- consultation with the agency head, where appli- amended by adding at the end the following cial Responsibility and Management Assistance cable. The appointment shall be made from a list new section: of qualified candidates developed by the Chief Act of 1995; ‘‘FISCAL IMPACT STATEMENTS ‘‘(2) the term ‘control year’ has the meaning Financial Officer. ‘‘SEC. 4. (a) BILLS AND RESOLUTIONS.— given such term under section 305(4) of such ‘‘(2) TRANSITION.—Any executive branch ‘‘(1) IN GENERAL.—Notwithstanding any other Act; and agency Chief Financial Officer appointed prior law, except as provided in subsection (c), all ‘‘(3) the term ‘District government’ has the to the date of enactment of the 2005 District of permanent bills and resolutions shall be accom- meaning given such term under section 305(5) of Columbia Omnibus Authorization Act may con- panied by a fiscal impact statement before final such Act.’’. tinue to serve in that capacity without re- adoption by the Council. (b) CLARIFICATION OF DUTIES OF CHIEF FINAN- appointment. ONTENTS CIAL OFFICER AND MAYOR.— ‘‘(d) INDEPENDENT AUTHORITY OVER LEGAL ‘‘(2) C .—The fiscal impact statement (1) RELATION TO FINANCIAL DUTIES OF PERSONNEL.—Title VIII–B of the District of Co- shall include the estimate of the costs which will MAYOR.—Section 448(a) of such Act (section 1– lumbia Government Comprehensive Merit Per- be incurred by the District as a result of the en- 204.48(a), D.C. Official Code) is amended by sonnel Act of 1978 (sec. 1–608.51 et seq., D.C. Of- actment of the measure in the current and each striking ‘‘section 603,’’and inserting ‘‘section 603 ficial Code) shall not apply to the Office of the of the first four fiscal years for which the act or and except to the extent provided under section Chief Financial Officer or to attorneys employed resolution is in effect, together with a statement 424(d),’’. by the Office.’’ of the basis for such estimate. (2) RELATION TO MAYOR’S DUTIES REGARDING (2) CLERICAL AMENDMENT.—The table of con- ‘‘(b) APPROPRIATIONS.—Permanent and emer- ACCOUNTING SUPERVISION AND CONTROL.—Sec- tents of part B of title IV of the District of Co- gency acts which are accompanied by fiscal im- tion 449 of such Act (section 1–204.49, D.C. Offi- lumbia Home Rule Act is amended by adding at pact statements which reflect unbudgeted costs, cial Code) is amended by striking ‘‘The Mayor’’ the end the following new item: shall be subject to appropriations prior to be- and inserting ‘‘Except to the extent provided ‘‘Sec. 424a. Authority of Chief Financial Offi- coming effective. under section 424(d), the Mayor’’. cer over personnel of Office and ‘‘(c) APPLICABILITY.—Subsection (a) shall not apply to emergency declaration, ceremonial, SEC. 202. PERSONNEL AUTHORITY. other financial personnel.’’. confirmation, and sense of the Council resolu- (a) PROVIDING INDEPENDENT PERSONNEL AU- (b) CONFORMING AMENDMENT.—Section 862 of tions.’’. THORITY.— the District of Columbia Government Com- (1) IN GENERAL.—Part B of title IV of the Dis- prehensive Merit Personnel Act of 1978 (D.C. TITLE III—AUTHORIZATION OF CERTAIN trict of Columbia Home Rule Act is amended by Law 2–260; D.C. Official Code § 1–608.62) is GENERAL APPROPRIATIONS PROVISIONS adding at the end the following new section: amended by striking paragraph (2). SEC. 301. ACCEPTANCE OF GIFTS BY COURT SERV- ‘‘AUTHORITY OF CHIEF FINANCIAL OFFICER OVER SEC. 203. PROCUREMENT AUTHORITY. ICES AND OFFENDER SUPERVISION PERSONNEL OF OFFICE AND OTHER FINANCIAL (a) PROVIDING INDEPENDENT AUTHORITY TO AGENCY. PERSONNEL PROCURE GOODS AND SERVICES.— (a) AUTHORITY TO ACCEPT GIFTS.—Section ‘‘SEC. 424. (a) IN GENERAL.—Notwithstanding (1) IN GENERAL.—Part B of title IV of the Dis- 11233(b) of the National Capital Revitalization any provision of law or regulation (including trict of Columbia Home Rule Act, as amended by and Self-Government Improvement Act of 1997 any law or regulation providing for collective section 203(a)(1), is further amended by adding (sec. 24–133(b), D.C. Official Code) is amended bargaining or the enforcement of any collective at the end the following new section: by adding at the end the following new para- bargaining agreement), employees of the Office ‘‘PROCUREMENT AUTHORITY OF THE CHIEF graphs: of the Chief Financial Officer of the District of FINANCIAL OFFICER ‘‘(3) ACCEPTANCE OF GIFTS.— Columbia, including personnel described in sub- ‘‘SEC. 424b. The Chief Financial Officer shall ‘‘(A) AUTHORITY TO ACCEPT GIFTS.—During section (b), shall be appointed by, shall serve at carry out procurement of goods and services for fiscal years 2006 through 2008, the Director may the pleasure of, and shall act under the direc- the Office of the Chief Financial Officer accept and use gifts in the form of— tion and control of the Chief Financial Officer through a procurement office or division which ‘‘(i) in-kind contributions of space and hospi- of the District of Columbia, and shall be consid- shall operate independently of, and shall not be tality to support offender and defendant pro- ered at-will employees not covered by the Dis- governed by, the Office of Contracting and Pro- grams; and trict of Columbia Merit Personnel Act of 1978, curement established under the District of Co- ‘‘(ii) equipment and vocational training serv- except that nothing in this section may be con- lumbia Procurement Practices Act of 1986 or any ices to educate and train offenders and defend- strued to prohibit the Chief Financial Officer successor office, except the provisions applicable ants.

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‘‘(B) RECORDS.—The Director shall keep accu- ‘‘ACCEPTANCE OF GRANT AMOUNTS NOT INCLUDED trict of Columbia in accordance with subsection rate and detailed records of the acceptance and IN ANNUAL BUDGET (c) in the case of fiscal years 2006 through use of any gifts under subparagraph (A), and ‘‘SEC. 446B. (a) AUTHORITY TO ACCEPT, OBLI- 2008;’’; and shall make such records available for audit and GATE, AND EXPEND AMOUNTS.—Notwithstanding (2) by adding at the end the following new public inspection. the fourth sentence of section 446, the Mayor, in subsection: ‘‘(4) REIMBURSEMENT FROM DISTRICT GOVERN- consultation with the Chief Financial Officer of ‘‘(c) The financial statement and report for a MENT.—During fiscal years 2006 through 2008, the District of Columbia may accept, obligate, fiscal year prepared and submitted for purposes the Director may accept and use reimbursement and expend Federal, private, and other grants of subsection (a)(4) shall be audited by the In- from the District government for space and serv- received by the District government that are not spector General of the District of Columbia (in ices provided, on a cost reimbursable basis.’’. reflected in the budget approved by Act of Con- coordination with the Chief Financial Officer of (b) AUTHORITY OF PUBLIC DEFENDER SERVICE gress as provided in such section. the District of Columbia) pursuant to section 208(a)(4) of the District of Columbia Procure- TO CHARGE FEES FOR EVENT MATERIALS.—Sec- ‘‘(b) CONDITIONS.— ment Practices Act of 1985, and shall include as tion 307 of the District of Columbia Court Re- ‘‘(1) ROLE OF CHIEF FINANCIAL OFFICER; AP- a basic financial statement a comparison of au- form and Criminal Procedure Act of 1970 (sec. 2– PROVAL BY COUNCIL.—No Federal, private, or 1607, D.C. Official Code) is amended by adding other grant may be accepted, obligated, or ex- dited actual year-end results with the revenues at the end the following new subsection: pended pursuant to subsection (a) until— submitted in the budget document for such year and the appropriations enacted into law for ‘‘(A) the Chief Financial Officer submits to ‘‘(d) During fiscal years 2006 through 2008, the such year using the format, terminology, and the Council a report setting forth detailed infor- Service may charge fees to cover the costs of ma- classifications contained in the law making the mation regarding such grant; and terials distributed to attendees of educational appropriations for the year and its legislative events, including conferences, sponsored by the ‘‘(B) the Council has reviewed and approved history.’’. Service. Notwithstanding section 3302 of title 31, the acceptance, obligation, and expenditure of such grant. SEC. 307. USE OF FINES IMPOSED FOR VIOLATION United States Code, any amounts received as OF TRAFFIC ALCOHOL LAWS FOR EN- fees under this subsection shall be credited to ‘‘(2) DEEMED APPROVAL BY COUNCIL.—For FORCEMENT AND PROSECUTION OF the Service and available for use without fur- purposes of paragraph (1)(B), the Council shall LAWS. ther appropriation.’’. be deemed to have reviewed and approved the Section 10(b)(3) of the District of Columbia SEC. 302. EVALUATION PROCESS FOR PUBLIC acceptance, obligation, and expenditure of a Traffic Act, 1925 (sec. 50–2201.05(b)(3), D.C. Offi- SCHOOL EMPLOYEES. grant if— cial Code) is amended to read as follows: Title XVII of the District of Columbia Merit ‘‘(A) no written notice of disapproval is filed ‘‘(3) Notwithstanding any other provision of Personnel Act of 1978 (sec. 1–617.01 et seq., D.C. with the Secretary of the Council within 14 cal- law, all fines imposed and collected pursuant to Official Code) is amended by adding at the end endar days of the receipt of the report from the this subsection during fiscal year 2006 and each the following new section: Chief Financial Officer under paragraph (1)(A); succeeding fiscal year shall be transferred to the or General Fund of the District of Columbia, shall ‘‘SEC. 1718. EVALUATION PROCESS FOR PUBLIC ‘‘(B) if such a notice of disapproval is filed SCHOOL EMPLOYEES. be used by the District of Columbia exclusively within such deadline, the Council does not by for the enforcement and prosecution of the Dis- ‘‘Notwithstanding any other provision of law, resolution disapprove the acceptance, obliga- trict traffic alcohol laws, and shall remain rule, or regulation, during fiscal year 2006 and tion, or expenditure of the grant within 30 cal- available until expended.’’. each succeeding fiscal year the evaluation proc- endar days of the initial receipt of the report ess and instruments for evaluating District of SEC. 308. CERTIFICATIONS FOR ATTORNEYS IN from the Chief Financial Officer under para- CASES BROUGHT UNDER INDIVID- Columbia Public Schools employees shall be a graph (1)(A). UALS WITH DISABILITIES EDU- non-negotiable item for collective bargaining ‘‘(c) NO OBLIGATION OR EXPENDITURE PER- CATION ACT. purposes.’’. MITTED IN ANTICIPATION OF RECEIPT OR AP- (a) RESPONSIBILITIES OF CHIEF FINANCIAL OF- SEC. 303. CLARIFICATION OF APPLICATION OF PROVAL.—No amount may be obligated or ex- FICER.—Section 424(d) of the District of Colum- PAY PROVISIONS OF MERIT PER- pended from the general fund or other funds of bia Home Rule Act (sec. 1–204.24(d), D.C. Offi- SONNEL SYSTEM TO ALL DISTRICT the District of Columbia government in anticipa- cial Code), as amended by section 201(a), is EMPLOYEES. tion of the approval or receipt of a grant under amended by adding at the end the following (a) DISTRICT OF COLUMBIA HOME RULE ACT.— subsection (b)(2) or in anticipation of the ap- new paragraph: The fourth sentence of section 422(3) of the Dis- proval or receipt of a Federal, private, or other ‘‘(28) With respect to attorneys in special edu- trict of Columbia Home Rule Act (sec. 1– grant not subject to such subsection. cation cases brought under the Individuals with 204.42(3), D.C. Official Code) is amended by ‘‘(d) ADJUSTMENTS TO ANNUAL BUDGET.—The Disabilities Education Act in the District of Co- striking ‘‘The system may provide’’ and insert- Chief Financial Officer may adjust the budget lumbia during fiscal year 2006 and each suc- ing the following: ‘‘The system shall apply with for Federal, private, and other grants received ceeding fiscal year— respect to the compensation of employees of the by the District government reflected in the ‘‘(A) requiring such attorneys to certify in District government during fiscal year 2006 and amounts provided in the budget approved by Act writing that the attorney or representative of each succeeding fiscal year, except that the sys- of Congress under section 446, or approved and the attorney rendered any and all services for tem may provide’’. received under subsection (b)(2) to reflect a which the attorney received an award in such a (b) TITLE 5, UNITED STATES CODE.—Section change in the actual amount of the grant. case, including those received under a settle- 5102 of title 5, United States Code, is amended ‘‘(e) REPORTS.—The Chief Financial Officer ment agreement or as part of an administrative by adding at the end the following new sub- shall prepare a quarterly report setting forth de- proceeding, from the District of Columbia; section: tailed information regarding all Federal, pri- ‘‘(B) requiring such attorneys, as part of the ‘‘(e) Except as may be specifically provided, vate, and other grants subject to this section. certification under subparagraph (A), to disclose this chapter does not apply for pay purposes to Each such report shall be submitted to the any financial, corporate, legal, membership on any employee of the government of the District Council and to the Committees on Appropria- boards of directors, or other relationships with of Columbia during fiscal year 2006 or any suc- tions of the House of Representatives and Sen- any special education diagnostic services, ceeding fiscal year.’’. ate not later than 15 days after the end of the schools, or other special education service pro- viders to which the attorneys have referred any SEC. 304. CRITERIA FOR RENEWING OR EXTEND- quarter covered by the report. ING SOLE SOURCE CONTRACTS. ‘‘(f) EFFECTIVE DATE.—This section shall clients in any such cases; and ‘‘(C) preparing and submitting quarterly re- Section 305 of the District of Columbia Pro- apply with respect to fiscal years 2006 through ports to the Committees on Appropriations of curement Practices Act of 1985 (sec. 2–303.05, 2008.’’. the House of Representatives and Senate on the D.C. Official Code) is amended by adding at the (b) CONFORMING AMENDMENT.—The fourth certification of and the amount paid by the gov- end the following new subsection: sentence of section 446 of such Act (sec. 1–204.46, D.C. Official Code), as amended by section ernment of the District of Columbia, including ‘‘(b) During fiscal years 2006 through 2008, a the District of Columbia Public Schools, to such procurement contract awarded through non- 101(b), is amended by inserting ‘‘section 446B,’’ after ‘‘section 446A,’’. attorneys.’’. competitive negotiations in accordance with (b) INVESTIGATIONS BY INSPECTOR GENERAL.— subsection (a) may be renewed or extended only (c) CLERICAL AMENDMENT.—The table of con- tents of such Act, as amended by section 101(c), Section 208(a)(3) of the District of Columbia Pro- if the Chief Financial Officer of the District of curement Practices Act of 1985 (sec. 2– Columbia reviews the contract and certifies that is amended by inserting after the item relating to section 446A the following new item: 302.08(a)(3), D.C. Official Code) is amended by the contract was renewed or extended in accord- adding at the end the following new subpara- ance with duly promulgated rules and proce- ‘‘Sec. 446B. Acceptance of grant amounts not graph: dures.’’. included in annual budget.’’. ‘‘(J) During fiscal year 2006 and each suc- SEC. 305. ACCEPTANCE OF GRANT AMOUNTS NOT SEC. 306. STANDARDS FOR ANNUAL INDE- ceeding fiscal year, conduct investigations to de- INCLUDED IN ANNUAL BUDGET. PENDENT AUDIT. termine the accuracy of certifications made to (a) AUTHORITY TO ACCEPT, OBLIGATE, AND Section 448 of the District of Columbia Home the Chief Financial Officer of the District of Co- EXPEND AMOUNTS.—Subpart 1 of part D of title Rule Act (sec. 1–204.48, D.C. Official Code) is lumbia under section 424(d)(28) of the District of IV of the District of Columbia Home Rule Act amended— Columbia Home Rule Act of attorneys in special (sec. 1–204.41 et seq., D.C. Official Code), as (1) in subsection (a)(4), by striking the semi- education cases brought under the Individuals amended by section 101(a), is amended by insert- colon at the end and inserting the following: ‘‘, with Disabilities Education Act in the District of ing after section 446A the following new section: as audited by the Inspector General of the Dis- Columbia.’’.

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00175 Fmt 4637 Sfmt 6333 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8900 CONGRESSIONAL RECORD — SENATE August 3, 2006 AUTHORIZING PRINTING OF A be agreed to, the preamble be agreed Whereas the Monument was expanded to DOCUMENT ENTITLED ‘‘COM- to, and the motion to reconsider be laid include additional islands and redesignated MITTEE ON THE BUDGET, U.S. upon the table. as Channel Islands National Park in 1980 to SENATE, 32ND ANNIVERSARY, protect the nationally significant natural, The PRESIDING OFFICER. Without scenic, wildlife, marine, ecological, archae- 1974 THROUGH 2006’’ objection, it is so ordered. ological, cultural, and scientific values of Mr. FRIST. Mr. President, I ask The resolution (S. Res. 555) was the Channel Islands in California; unanimous consent that the Senate agreed to. Whereas Santa Rosa Island was acquired proceed to the immediate consider- The preamble was agreed to. by the United States in 1986 for approxi- mately $29,500,000 for the purpose of restor- ation of S. Res. 554, which was sub- The resolution, with its preamble, reads as follows: ing the native ecology of the Island and mitted earlier today. making the Island available to the public for Whereas, the Permanent Subcommittee on The PRESIDING OFFICER. The recreational uses; Investigations of the Committee on Home- Whereas Santa Rosa Island contains nu- clerk will report. land Security and Governmental Affairs has The legislative clerk read as follows: merous prehistoric and historic artifacts and been conducting an investigation into the provides important habitat for several A resolution (S. Res. 554) authorizing use of offshore tax havens for abusive tax threatened and endangered species; printing for illustration of a document enti- shelters; Whereas under a court-approved settle- tled ‘‘Committee on the Budget, U.S. Senate, Whereas, the Subcommittee has received a ment, the nonnative elk and deer popu- 32nd anniversary, 1974 through 2006.’’ number of requests from law enforcement of- lations are scheduled to be removed from the There being no objection, the Senate ficials, and regulatory agencies, for access to Park by 2011 and the Island is to be restored proceeded to consider the resolution. records of the Subcommittee’s investigation; to management consistent with other Na- Whereas, by the privileges of the Senate of tional Parks; and Mr. FRIST. Mr. President, I ask the United States and Rule XI of the Stand- unanimous consent that the resolution Whereas there have been recent proposals ing Rules of the Senate, no evidence under to remove Santa Rosa Island from the ad- be agreed to and the motion to recon- the control or in the possession of the Senate ministration of the National Park Service or sider be laid upon the table. can, by administrative or judicial process, be to direct the management of the Island in a The PRESIDING OFFICER. Without taken from such control or possession but by manner inconsistent with existing legal re- objection, it is so ordered. permission of the Senate; quirements and the sound management of The resolution (S. Res. 554) was Whereas, when it appears that evidence Park resources: Now, therefore, be it agreed to, as follows: under the control or in the possession of the Resolved, That— Senate is needed for the promotion of jus- (1) Channel Islands National Park, includ- S. RES. 554 tice, the Senate will take such action as will ing Santa Rosa Island, should continue to be Resolved, That there be printed with illus- promote the ends of justice consistent with administered by the National Park Service trations as a Senate document a compilation the privileges of the Senate: Now, therefore, in accordance with the National Park Serv- of materials entitled ‘‘Committee on the be it ice Organic Act (16 U.S.C. 1 et seq.) and other Budget, United States Senate, 32nd Anniver- Resolved, That the Chairman and Ranking applicable laws; sary, 1974–2006’’, and that, in addition to the Minority Member of the Permanent Sub- (2) the National Park Service should man- usual number, there be printed not to exceed committee on Investigations of the Com- age Santa Rosa Island in a manner that en- 500 copies of such document at a cost of not mittee on Homeland Security and Govern- sures that— to exceed $1,200 for the use of the Committee mental Affairs, acting jointly, are authorized (A) the natural, scenic, and cultural re- on the Budget. to provide to law enforcement officials, regu- sources of the Island are properly protected, latory agencies, and other entities or indi- restored, and interpreted for the public; and f viduals duly authorized by federal, state, or (B) visitors to the Park are provided with AUTHORIZING THE PRODUCTION foreign governments, records of the Sub- a safe and enjoyable Park experience; and OF RECORDS BY THE PERMA- committee’s investigation into the use of (3) the National Park Service should not be NENT SUBCOMMITTEE ON INVES- offshore tax havens for abusive tax shelters. directed to manage Santa Rosa Island in a manner— f TIGATIONS (A) that would result in the public being Mr. FRIST. Mr. President, I ask SUPPORTING THE CONTINUED AD- denied access to significant portions of the unanimous consent that the Senate MINISTRATION OF CHANNEL IS- Island; or now proceed to the immediate consid- LANDS NATIONAL PARK, IN- (B) that is inconsistent with the responsi- eration of S. Res. 555, which was sub- bility of the National Park Service to pro- CLUDING SANTA ROSA ISLAND tect native resources within the Park, in- mitted earlier today. Mr. FRIST. Mr. President, I ask cluding threatened and endangered species. The PRESIDING OFFICER. The unanimous consent that the Senate f clerk will report. proceed to the immediate consider- The legislative clerk read as follows: ation of Calendar No. 553, S. Res. 468. REAUTHORIZING THE UNITED A resolution (S. Res. 555) to authorize the The PRESIDING OFFICER. The STATES ADVISORY COMMISSION production of records by the Permanent Sub- clerk will report. ON PUBLIC DIPLOMACY committee on Investigations of the Com- The legislative clerk read as follows: Mr. FRIST. Mr. President, I ask mittee on Homeland Security and Govern- mental Affairs. A resolution (S. Res. 468) supporting the unanimous consent that the Senate continued administration of Channel Islands proceed to the immediate consider- There being no objection, the Senate National Park, including Santa Rosa Island, ation of S. 3836, introduced earlier proceeded to consider the resolution. in accordance with the laws (including regu- today. Mr. FRIST, Mr. President, the Per- lations) and policies of the National Park The PRESIDING OFFICER. The manent Subcommittee on Investiga- Service. clerk will report the bill by title. tions of the Committee on Homeland Mr. FRIST. Mr. President, I ask The legislative clerk read as follows: Security and Governmental Affairs has unanimous consent that the resolution A bill (S. 3836) to reauthorize the United received requests from various law en- be agreed to, the preamble be agreed States Advisory Commission on Public Di- forcement and regulatory agencies to, and the motion to reconsider be laid plomacy. seeking access to records that the sub- upon the table. There being no objection, the Senate committee obtained during its recent The PRESIDING OFFICER. Without proceeded to consider the bill. investigation into the use of offshore objection, it is so ordered. Mr. FRIST. Mr. President, I ask tax havens for abusive tax shelters. The resolution (S. Res. 468) was unanimous consent that the bill be This resolution would authorize the agreed to. read a third time and passed, the mo- chairman and ranking minority mem- The preamble was agreed to. tion to reconsider be laid upon the ber of the Permanent Subcommittee on The resolution, with its preamble, table, and that any statements relating Investigations, acting jointly, to pro- reads as follows: to the bill be printed in the RECORD. vide records, obtained by the Sub- S. RES. 468 The PRESIDING OFFICER. Without committee in the course of its inves- Whereas Channel Islands National Monu- objection, it is so ordered. tigation, in response to these requests. ment was designated in 1938 by President The bill (S. 3836) was ordered to be Mr. FRIST. Mr. President, I ask Franklin D. Roosevelt under the authority of engrossed for a third reading, was read unanimous consent that the resolution the Act of June 8, 1906 (16 U.S.C. 431 note); the third time, and passed, as follows:

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00176 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2006 CONGRESSIONAL RECORD — SENATE S8901 S. 3836 provided for in paragraph 2 of that Article, signed by the United States on November 23, Be it enacted by the Senate and House of Rep- but reserves the right in a particular case to 2001 (T. Doc. 108 11), subject to the reserva- resentatives of the United States of America in agree to follow the dispute settlement proce- tions of section 2, and the declarations of Congress assembled, dures of the Convention or any other proce- section 3. dures. SECTION 1. SHORT TITLE. SECTION 2. RESERVATIONS This Act may be cited as the ‘‘United SECTION 3. CONDITION. The advice and consent of the Senate States Advisory Commission on Public Di- The advice and consent of the Senate under section 1 is subject to the following plomacy Reauthorization Act of 2006’’. under section 1 is subject to the following reservations, which shall be included in the condition: SEC. 2. REAUTHORIZATION OF UNITED STATES United States instrument of ratification: ADVISORY COMMISSION ON PUBLIC Not later than 180 days after entry into (1) The United States of America, pursuant DIPLOMACY. force of the Convention for the United to Articles 4 and 42, reserves the right to re- Section 1334 of the Foreign Affairs Reform States, and annually thereafter for four addi- quire that the conduct result in serious and Restructuring Act of 1998 (22 U.S.C. 6553), tional years, the Secretary of State shall harm, which shall be determined in accord- as amended by section 410 of the Department submit a report to the Committees on En- ance with applicable United States federal of State and Related Agency Appropriations ergy and Natural Resources and Foreign Re- law. Act, 2006 (Public Law 109–108; 119 Stat. 2327), lations of the Senate, and the Committees on (2) The United States of America, pursuant is amended by striking ‘‘October 1, 2006’’ and Energy and Commerce and International Re- to Articles 6 and 42, reserves the right not to inserting ‘‘October 1, 2009’’. lations of the House of Representatives that apply paragraphs (1)(a)(i) and (1)(b) of Article includes the following: f 6 (‘‘Misuse of devices’’) with respect to de- (a) RATIFICATION.—A list of countries that vices designed or adapted primarily for the EXECUTIVE SESSION have become a Contracting Party to the Con- purpose of committing the offenses estab- vention and the dates of entry into force for lished in Article 4 (‘‘Data interference’’) and each country. Article 5 (‘‘System interference’’). (b) DOMESTIC LEGISLATION.—A description (3) The United States of America, pursuant CONVENTION ON SUPPLEMENTARY of the domestic laws enacted by each Con- to Articles 9 and 42, reserves the right to COMPENSATION ON NUCLEAR tracting Party to the Convention that imple- apply paragraphs (2)(b) and (c) of Article 9 DAMAGE ment the obligations under Article III of the only to the extent consistent with the Con- Convention. Mr. FRIST. Mr. President, I ask stitution of the United States as interpreted (c) U.S. DIPLOMACY.—A description of by the United States and as provided for unanimous consent that the Senate United States diplomatic efforts to encour- under its federal law, which includes, for ex- proceed to executive session to con- age other nations to become Contracting ample, crimes of distribution of material sider the following treaty on today’s Parties to the Convention, particularly those considered to be obscene under applicable Executive Calendar: No. 15. I further nations that have signed it. United States standards. ask unanimous consent that the treaty f (4) The United States of America, pursuant be considered as having passed through to Articles 10 and 42, reserves the right to its various parliamentary stages, up to COUNCIL OF EUROPE CONVENTION ON CYBERCRIME impose other effective remedies in lieu of and including the presentation of the criminal liability under paragraphs 1 and 2 of resolution of ratification; that any Mr. FRIST. Mr. President, I ask Article 10 (‘‘Offenses related to infringement committee conditions, declarations, or unanimous consent that the Senate of copyright and related rights’’) with re- reservations be agreed to, as applica- proceed to the consideration of the fol- spect to infringements of certain rental ble; that any statements be printed in lowing treaty on today’s Executive rights to the extent the criminalization of such infringements is not required pursuant the CONGRESSIONAL RECORD, as if read; Calendar: No. 5. I further ask unani- mous consent that the treaty be con- to the obligations the United States has un- further, that when the resolution of dertaken under the agreements referenced in ratification is voted on, the motion to sidered as having passed through its paragraphs 1 and 2. reconsider be laid upon the table, and various parliamentary stages, up to (5) The United States of America, pursuant the President be notified of the Sen- and including the presentation of the to Articles 22 and 42, reserves the right not ate’s action. resolution of ratification; that any to apply in part paragraphs (l)(b), (c) and (d) The PRESIDING OFFICER. Without committee conditions, declarations, or of Article 22 (‘‘Jurisdiction’’). The United objection, it is so ordered. reservations be agreed to, as applica- States does not provide for plenary jurisdic- Mr. FRIST. Mr. President, I ask for a ble; that any statements be printed in tion over offenses that are committed out- side its territory by its citizens or on board division vote on the resolution of rati- the CONGRESSIONAL RECORD as if read; further, that when the resolution of ships flying its flag or aircraft registered fication. under its laws. However, United States law The PRESIDING OFFICER. A divi- ratification is voted on, the motion to does provide for jurisdiction over a number sion has been requested. Senators in reconsider be laid upon the table, the of offenses to be established under the Con- favor of the resolution of ratification President be notified of the Senate’s vention that are committed abroad by will rise and stand until counted. action, and that following disposition United States nationals in circumstances Those opposed will rise and stand of the treaty, the Senate return to leg- implicating particular federal interests, as until counted. islative session. well as over a number of such offenses com- On a division, two-thirds of the Sen- The PRESIDING OFFICER. Without mitted on board United States-flagged ships objection, it is so ordered. or aircraft registered under United States ators present and voting having voted law. Accordingly, the United States will im- in the affirmative, the resolution of Mr. FRIST. Mr. President, I ask for a plement paragraph (1)(b), (c) and (d) to the ratification is agreed to. division vote on the resolution of rati- extent provided for under its federal law, The resolution of ratification reads fication. (6) The United States of America, pursuant as follows: The PRESIDING OFFICER. A divi- to Articles 41 and 42, reserves the right to as- Resolved, (two-thirds of the Senators resent sion has been requested. Senators in sume obligations under Chapter II of the concurring therein), favor of the resolution of ratification Convention in a manner consistent with its fundamental principles of federalism. SECTION 1. SENATE ADVICE AND CONSENT SUB- will rise and stand until counted. JECT TO DECLARATION AND CONDI- Those opposed will rise and stand SECTION 3. DECLARATIONS TION. until counted. (1) The advice and consent of the Senate The Senate advises and consents to the On a division, two-thirds of the Sen- under section 1 is subject to the following ratification of the Convention on Supple- ators present and voting having voted declarations, which shall be included in the mentary Compensation for Nuclear Damage, in the affirmative, the resolution of United States instrument of ratification: done at Vienna on September 12, 1997 (Treaty (a) The United States of America declares, Doc. 107–21), subject to the declaration in ratification is agreed to. pursuant to Articles 2 and 40, that under section 2, and the condition in section 3. The resolution of ratification reads United States law, the offense set forth in SECTION 2. DECLARATION. as follows: Article 2 (‘‘Illegal access’’) includes an addi- The advice and consent of the Senate Resolved (two-thirds of the Senators present tional requirement of intent to obtain com- under section 1 is subject to the following concurring therein), puter data. declaration, which shall be included in the SECTION 1. SENATE ADVICE AND CONSENT SUB- (b) The United States of America declares, United States instrument of ratification: JECT TO RESERVATlONS AND DEC- pursuant to Articles 6 and 40, that under As provided for in paragraph 3 of Article LARATIONS United States law, the offense set forth in XVI, the United States of America declares The Senate advises and consents to the paragraph (1)(b) of Article 6 (‘‘Misuse of de- that it does not consider itself bound by ei- ratification of the Council of Europe Conven- vices’’) includes a requirement that a min- ther of the dispute settlement procedures tion on Cybercrime (‘‘the Convention’’), imum number of items be possessed. The

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00177 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8902 CONGRESSIONAL RECORD — SENATE August 3, 2006 minimum number shall be the same as that A bill (H.R. 4157), to promote a better Whereas peripheral arterial disease is a provided for by applicable United States fed- health information system. leading cause of lower limb amputation in eral law. A bill (H.R. 4761), to provide for explo- the United States; (c) The United States of America declares, ration, development, and production activi- Whereas many patients with peripheral ar- pursuant to Articles 7 and 40, that under ties for mineral resources on the Outer Con- terial disease have walking impairment that United States law, the offense set forth in tinental Shelf, and for other purposes. leads to a diminished quality of life and Article 7 (‘‘Computer-related forgery’’) in- A bill (H.R. 4890), to amend the Congres- functional capacity; cludes a requirement of intent to defraud. sional Budget and Impoundment Control Act Whereas a majority of patients with pe- (d) The United States of America declares, of 1974 to provide for the expedited consider- ripheral arterial disease are asymptomatic pursuant to Articles 27 and 40, that requests ation of certain proposed rescissions of budg- and less than half of individuals with periph- made to the United States of America under et authority, and for other purposes. eral arterial disease are aware of their diag- paragraph 9(e) of Article 27 (‘‘Procedures per- Mr. FRIST. Mr. President, I now ask noses; taining to mutual assistance requests in the for a second reading, and in order to Whereas African-American ethnicity is a absence of applicable international agree- strong and independent risk factor for pe- ments’’) are to be addressed to its central au- place the bills on the calendar under ripheral arterial disease, and yet this fact is thority for mutual assistance. the provisions of rule XIV, I object to not well known to those at risk; (2) The advice and consent of the Senate my own request, all en bloc. Whereas effective treatments are available under section 1 is also subject to the fol- The PRESIDING OFFICER. Objec- for people with peripheral arterial disease to lowing declaration: tion is heard. reduce heart attacks, strokes, and amputa- The United States of America declares Mr. FRIST. Mr. President, it is get- tions and to improve quality of life; that, in view of its reservation pursuant to ting late. It is now after midnight, and Whereas many patients with peripheral ar- Article 41 of the Convention, current United we have a little bit more work to do. terial disease are still untreated with proven States federal law fulfills the obligations of therapies; Chapter II of the Convention for the United While we gather the papers for that Whereas there is a need for comprehensive States. Accordingly, the United States does work, I suggest the absence of a educational efforts designed to increase not intend to enact new legislation to fulfill quorum. awareness of peripheral arterial disease its obligations under Chapter II. The PRESIDING OFFICER. The among medical professionals and the greater public in order to promote early detection f clerk will call the roll. The legislative clerk proceeded to and proper treatment of this disease to im- LEGISLATIVE SESSION call the roll. prove quality of life, prevent heart attacks Mr. FRIST. Mr. President, I ask and strokes, and save lives and limbs; and The PRESIDING OFFICER. Under Whereas September 18 through September the previous order, the Senate will now unanimous consent that the order for 22, 2006, would be an appropriate week to ob- return to legislative session. the quorum call be rescinded. serve National Peripheral Arterial Disease The PRESIDING OFFICER. Without Awareness Week: Now, therefore, be it f objection, it is so ordered. Resolved, That the Senate— (1) supports National Peripheral Arterial UNANIMOUS CONSENT f AGREEMENT—S. 1516 Disease Awareness Week and efforts to edu- NATIONAL PERIPHERAL ARTERIAL cate people about peripheral arterial disease; Mr. FRIST. Mr. President, I ask DISEASE AWARENESS WEEK (2) acknowledges the critical importance of unanimous consent that at a time to be peripheral arterial disease awareness to im- determined by the majority leader, Mr. FRIST. Mr. President, I ask prove national cardiovascular health; with concurrence of the Democratic unanimous consent the Senate now (3) supports raising awareness of the con- leader, the Senate proceed to the im- proceed to consideration of S. Res. 556, sequences of undiagnosed and untreated pe- mediate consideration of Calendar No. which was submitted earlier today. ripheral arterial disease and the need to seek appropriate care as a serious public health 235, S. 1516. I ask unanimous consent The PRESIDING OFFICER. The clerk will report the resolution by issue; and that the committee-reported substitute (4) calls upon the people of the United be withdrawn, and the managers’ title. States to observe the week with appropriate amendment at the desk be agreed to as The legislative clerk read as follows: programs and activities. A resolution (S. Res. 556) supporting Na- original text for the purposes of further f amendment, the Harkin amendment at tional Peripheral Arterial Disease Awareness the desk be agreed to, and that the Week and efforts to educate people about pe- ENCOURAGING CHILDREN TO only other amendments in order be the ripheral arterial disease. REACH THEIR POTENTIAL following, the text of which is at the There being no objection, the Senate Mr. FRIST. I ask unanimous consent desk: McCain on rail security, Sununu proceeded to consider the resolution. the HELP Committee be discharged on long distance trains, Sununu on Mr. FRIST. Mr. President, I ask from further consideration and the competition, and Sessions on Amtrak unanimous consent the resolution be Senate now proceed to S. Res. 532. debt. agreed to, the preamble be agreed to, The PRESIDING OFFICER. Without, I further ask that there be 1 hour the motion to reconsider be laid upon objection, it is so ordered. The clerk equally divided on each of the amend- the table. will report the bill by title. ments, and 1 hour of general debate on The PRESIDING OFFICER. Without The legislative clerk read as follows: the bill, and that following the disposi- objection, it is so ordered. The resolution (S. Res. 556) was A resolution (S. Res. 532) encouraging tion of amendments and the use or adults of the United States to support, listen yielding back of time, the managers’ agreed to. to, and encourage children so that they may substitute as amended, if amended, be The preamble was agreed to. reach their potential. agreed to; the bill, as amended, be read The resolution, with its preamble, is There being no objection, the Senate a third time, and the Senate proceed to as follows: proceeded to consider the resolution. a vote on passage without any inter- S. RES. 556 Mr. FRIST. Mr. President, I ask vening action or debate. I further ask Whereas peripheral arterial disease is a unanimous consent the resolution be that no points of order be waived by vascular disease that occurs when narrowed agreed to, the preamble be agreed to, virtue of this agreement. arteries reduce the blood flow to the limbs; and the motion to reconsider be laid Whereas peripheral arterial disease is a The PRESIDING OFFICER. Without upon the table. objection, it is so ordered. significant vascular disease that can be as serious as a heart attack or stroke; The PRESIDING OFFICER. Without f Whereas peripheral arterial disease affects objection, it is so ordered. approximately 8,000,000 to 12,000,000 Ameri- The resolution (S. Res. 532) was MEASURES READ THE FIRST TIME cans; agreed to. EN BLOC Whereas patients with peripheral arterial The preamble was agreed to. Mr. FRIST. Mr. President, I under- disease are at increased risk of heart attack The resolution, with its preamble, is stand there are three bills at the desk, and stroke and are 6 times more likely to die as follows: within 10 years than are patients without pe- and I ask for their first reading en bloc. ripheral arterial disease; S. RES. 532 The PRESIDING OFFICER. The Whereas the survival rate for individuals Whereas research shows that spending clerk will report the bills by title. with peripheral arterial disease is worse than time together as a family is critical to rais- The legislative clerk read as follows: the outcome for many common cancers; ing strong and resilient children;

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00178 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2006 CONGRESSIONAL RECORD — SENATE S8903 Whereas strong, healthy families improve from the Kellogg Company, and led the foun- MEASURE PLACED ON THE the quality of life and the development of dation by adhering to the guiding principle CALENDAR—H. CON. RES. 456 children; of ‘‘helping people to help themselves’’; Whereas it is essential to celebrate and re- Whereas today, the W.K. Kellogg Founda- Mr. FRIST. I ask unanimous consent flect upon the important role that all fami- tion is 1 of the largest philanthropic institu- that H. Con. Res. 456 be placed on the lies play in the lives of children and their tions in the world, funding projects through- Senate calendar. positive effect for the future of the United out the world in— The PRESIDING OFFICER. Without States; and (1) health; objection, it is so ordered. Whereas the greatest natural resource of (2) education; f the United States is its children: Now, there- (3) agriculture; fore, be it (4) leadership; and ORDER AUTHORIZING Resolved, That the Senate supports the (5) youth development; APPOINTMENTS goals and ideals of National Children and Whereas the assets of the W.K. Kellogg Families Day— Mr. FRIST. Mr. President, I ask Foundation were nearly $6,000,000,000 when unanimous consent notwithstanding (1) to encourage adults to support, listen the foundation approached its 75th Anniver- to, and encourage children throughout the sary in 2005; the upcoming recess or adjournment of United States; Whereas, during those 75 years of service, the Senate, the President pro tempore (2) to reflect upon the important role that the foundation donated more than and the majority and minority leaders all families play in the lives of children; and $3,000,000,000 to help people help themselves; be authorized to make appointments to (3) to recognize that strong, healthy fami- Whereas, during the Second World War, the the commissions, committees, boards, lies improve the quality of life and the devel- production facilities of the Kellogg Company conferences, or interparliamentary opment of children. were used to assist the Armed Forces in conferences authorized by law, by con- f many engineering efforts; current actions of the two Houses, or Whereas, during that time, the products of RECOGNIZING THE ACHIEVEMENTS the Kellogg Company became a common by order of the Senate. OF WILL KEITH KELLOGG item in packages sent by families to soldiers The PRESIDING OFFICER. Without Mr. FRIST. I ask unanimous consent serving overseas; objection, it is so ordered. the Judiciary Committee be discharged Whereas W.K. Kellogg was later awarded f from further consideration of S. Res. the Army-Navy ‘‘E’’ Flag for Excellence for his valuable contributions to the United ORDER AUTHORIZING 545, and the Senate then proceed to its States during the Second World War; COMMITTEES TO REPORT consideration. Whereas, throughout its history, the Kel- Mr. FRIST. I ask unanimous consent The PRESIDING OFFICER. Without logg Company introduced many of their that notwithstanding the Senate’s ad- objection, it is so ordered. The clerk most famous and successful cereals and char- journment, committees be authorized will report the bill by title. acters, including— The legislative clerk read as follows: (1) Tony the Tiger; and to report legislative and executive matters on Wednesday, August 30, from A resolution (S. Res. 545) recognizing the (2) Snap, Crackle, and Pop; life and achievements of Will Keith Kellogg. Whereas, in 1969, astronauts on board the 10 a.m. to 12 noon. Apollo 11 breakfasted on cereal produced by The PRESIDING OFFICER. Without There being no objection, the Senate the Kellogg Company during their successful objection, it is so ordered. proceeded to consider the resolution. mission to the moon, thereby making it the f Mr. FRIST. I ask unanimous consent first breakfast cereal ever to reach outer the resolution be agreed to, the pre- space; PROVIDING FOR A CONDITIONAL amble be agreed to, the motion to re- Whereas the Kellogg Company opened a ADJOURNMENT OF THE HOUSE consider be laid upon the table, and new headquarters facility in Battle Creek; OF REPRESENTATIVES AND A any statements be printed in the Whereas, throughout the 1980s and 1990s, CONDITIONAL RECESS OR AD- RECORD. the Kellogg Company continued its commit- JOURNMENT OF THE SENATE The PRESIDING OFFICER. Without ment to social responsibility by supporting numerous organizations, including— Mr. FRIST. Mr. President, I ask objection, it is so ordered. (1) the United Negro College Fund; unanimous consent that the Senate The resolution (S. Res. 545) was (2) the Statue of Liberty-Ellis Island re- now proceed to the consideration of H. agreed to. newal project; and Con. Res. 467, the adjournment resolu- The preamble was agreed to. (3) organizations that sought to end the tion, provided that the concurrent res- The resolution, with its preamble, is policy of apartheid that was enforced by the olution be agreed to and the motion to as follows: Government of South Africa; reconsider be laid upon the table. S. RES. 545 Whereas today, the Kellogg Company pro- duces more than 40 different cereals on 6 con- The PRESIDING OFFICER. Without Whereas Will Keith Kellogg was born on tinents, and markets the products of the objection, it is so ordered. April 7, 1860, and died at the age of 91 on Oc- company in more than 180 countries; The concurrent resolution (H. Con. tober 6, 1951; Whereas the Kellogg Company employs Res. 467) was agreed to, as follows: Whereas W.K. Kellogg believed that— (1) a proper diet plays an important role in 25,000 people throughout the world; and H. CON RES. 467 maintaining a healthy lifestyle; and Whereas the Kellogg Company currently Resolved by the House of Representatives (the (2) breakfast is the most important meal of has production facilities in 13 states, includ- Senate concurring), That when the House ad- the day; ing— journs on any day from Wednesday, August Whereas W.K. Kellogg developed the now (1) California; 2, 2006, through Tuesday, August 8, 2006, on a world-famous Kellogg’s Corn Flakes cereal (2) Georgia; motion offered pursuant to this concurrent in his Battle Creek, Michigan, production fa- (3) Illinois; resolution by its Majority Leader or his des- cility on April 1, 1906; (4) Kansas; ignee, it stand adjourned until 2 p.m. on Whereas, for 100 years, the Kellogg Com- (5) Kentucky; Wednesday, September 6, 2006, or until the pany has provided citizens of the United (6) Michigan; time of any reassembly pursuant to section 2 States and countries around the world with (7) Nebraska; of this concurrent resolution, whichever oc- nutritious food products; (8) New Jersey; curs first; and that when the Senate recesses Whereas, throughout its development, the (9) North Carolina; or adjourns on any day from Thursday, Au- Kellogg Company has set milestones in con- (10) Ohio; gust 3, 2006, through Tuesday, August 8, 2006, sumer awareness of proper nutrition by— (11) Pennsylvania; on a motion offered pursuant to this concur- (1) becoming the first company to include (12) Tennessee; and rent resolution by its Majority Leader or his a nutrition facts label on its ever-changing (13) Washington: Now, therefore, be it designee, it stand recessed or adjourned until and innovative packaging; and Resolved, That the Senate recognizes— noon on Tuesday, September 5, 2006, or such (2) adhering to the strict values of quality (1) the great contributions of Will Keith other time on that day as may be specified and health consciousness that W.K. Kellogg Kellogg to— by its Majority Leader or his designee in the had always valued; (A) the citizens of the United States; and motion to recess or adjourn, or until the Whereas, while the citizens of the United (B) the people of the world; time of any reassembly pursuant to section 2 States struggled during the time of eco- (2) the 100th anniversary of the creation of of this concurrent resolution, whichever oc- nomic depression and stagnation during the the first flaked breakfast cereal, which oc- curs first. 1930s, W.K. Kellogg famously announced ‘‘I’ll curred on April 1, 2006; and SEC. 2. The Speaker of the House and the invest my money in people.’’; (3) the achievements of W.K. Kellogg and Majority Leader of the Senate, or their re- Whereas W.K. Kellogg started the W.K. the benefits enjoyed by all those touched by spective designees, acting jointly after con- Kellogg Foundation to operate separately his life. sultation with the Minority Leader of the

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House and the Minority Leader of the Sen- THE JUDICIARY Nonproliferation, National Nuclear Security ate, shall notify the Members of the House Jennifer M. Anderson, of the District of Administration. and the Senate, respectively, to reassemble Columbia, to be an Associated Judge of the DEPARTMENT OF DEFENSE at such place and time as they may des- Superior Court of the District of Columbia C. Thomas Yarington, Jr., of Washington, ignate if, in their opinion, the public interest for the term of fifteen years. to be a Member of the Board of Regents of shall warrant it. Anna Blackburne-Rigsby, of the District of the Uniformed Services University of the f Columbia, to be Associated Judge of the Dis- Health Sciences for a term expiring May 1, trict of Columbia Court of Appeals for the 2011. ORDER FOR SIGNING term of fifteen years. Colleen Conway-Welch, of Tennessee, to be AUTHORIZATION Phyllis D. Thompson, of the District of Co- a Member of the Board of Regents of the Uni- Mr. FRIST. Mr. President, I ask lumbia, to be Associated Judge of the Dis- formed Services University of the Health unanimous consent that during the ad- trict of Columbia Court of Appeals for the Sciences for a term expiring May 1, 2011. journment of the Senate, the majority term of fifteen years. DEPARTMENT OF TRANSPORTATION leader, majority whip, and senior Sen- UNITED STATES POSTAL SERVICE Charles D. Nottingham, of Virginia, to be a ator from New Mexico be authorized to Mickey D. Barnett, of New Mexico, to be a Member of the Surface Transportation Board sign duly enrolled bills or joint resolu- Governor of the United States Postal service for a term expiring December 31, 2010. tions. for a term expiring December 8, 2013. NATIONAL TRANSPORTATION SAFETY BOARD Katherine C. Tobin, of New York, to be a Robert L. Sumwalt III, of South Carolina, The PRESIDING OFFICER. Without Governor of the Untied States Postal Service objection, it is so ordered. to be a Member of the National Transpor- for a term expiring December 8, 2012. tation Safety Board for the remainder of the f Ellen C. Williams, of Kentucky, to be a term expiring December 31, 2006. Governor of the United States Postal Service EXECUTIVE SESSION Robert L. Sumwalt III, of South Carolina, for the remainder of the term expiring De- to be a Member of the National Transpor- cember 8, 2007. tation Safety Board for a term expiring De- cember 31, 2011. EXECUTIVE CALENDAR AND EXECUTIVE OFFICE OF THE PRESIDENT NOMINATIONS DISCHARGED Paul A. Denett, of Virginia, to be Adminis- DEPARTMENT OF TRANSPORTATION trator for Federal Procurement Policy. Sean T. Connaughton, of Virginia, to be Mr. FRIST. Mr. President, I ask DEPARTMENT OF JUSTICE Administrator of the Maritime Administra- unanimous consent that the Senate im- tion. R. Alexander Acosta, of Florida, to be mediately proceed to executive session United States Attorney for the Southern DEPARTMENT OF HOMELAND SECURITY to consider the following nominations District of Florida for the term of four years. Jay M. Cohen, of New York, to be Under on today’s Executive Calendar: Cal- Secretary for Science and Technology, De- DEPARTMENT OF VETERANS AFFAIRS endar Nos. 622, 760, 770, 773, 812, 813, 814, partment of Homeland Security. Patrick W. Dunne, of New York, to be an DEPARTMENT OF COMMERCE 815, 816, 817, 818, 820, 822, 824, 825, 826, Assistant Secretary of Veterans Affairs (Pol- 827, 828, 829, 832, 833, 834, 835, 841, 842, icy and Planning). Nathaniel F. Wienecke, of New York, to be an Assistant Secretary of Commerce. 843, 844, 845, 846, 847, 848, 849, 850, 851, DEPARTMENT OF STATE 852, 853, 854, 855, 856, 857, 858, 859, 860, NATIONAL LABOR RELATIONS BOARD Mark R. Dybul, of Florida, to be Coordi- Peter Schaumber, of the District of Colum- 861, 862, 863, 864, 865, 867, 868, 869, 870, nator of United Sates Government Activities bia, to be a Member of the National Labor 871, 872, 873, 874, 875, 876, 877, 878, 879, to Combat HIV/AIDS Globally, with the rank Relations Board for the term of five years 880, 883, 884, 885, 886, and all nomina- of Ambassador. tions on the Secretary’s desk. expiring August 27, 2010, to which position he INTERNATIONAL BANKS was appointed during the recess of the Sen- Provided further that the following Henry M. Paulson, Jr., of New York, to be ate from July 29, 2005, to September 1, 2005. committees be discharged from the United States Governor of the International Ronald E. Meisburg, of Virginia, to be Gen- nominations listed and they be consid- Monetary Fund for a term of five years; eral Counsel of the National Labor Relations ered en bloc: United States Governor of the International Board for a term of four years. Agriculture Committee, Margo Bank for Reconstruction and Development Wilma B. Liebman, of the District of Co- McKay, PN1665; Nancy Montanez- for a term of five years; United States Gov- lumbia, to be a Member of the National Johner, PN1693 and PN1695; Michael ernor of the Inter-American Development Labor Relations Board for the term of five years expiring August 27, 2011. Dunn, PN1694; Bruce Knight, PN1763 Bank for a term of five years; United States Governor of the African Development Bank NATIONAL INSTITUTE FOR LITERACY and PN1764; Charles Christopherson, for a term of five years; United States Gov- Jr., PN1865; Timothy Shanahan, of Illinois, to be a ernor of the Asian Development Bank; Member of the National Institute for Lit- HELP Committee, Camilla Benbow, United States Governor of the African Devel- eracy Advisory Board for a term expiring No- PN1709; opment Fund; United States Governor of the vember 25, 2007. Homeland Security, James Bilbray, European Bank for Reconstruction and De- Carmel Borders, of Kentucky, to be a Mem- PN1873. velopment. ber of the National Institute for Literacy I further ask unanimous consent that DEPARTMENT OF STATE Advisory Board for a term expiring Novem- the nominations be confirmed en bloc, Christina B. Rocca, of Virginia, for the ber 25, 2008. the motions to reconsider be laid upon rank of Ambassador during her tenure of Donald D. Deshler, of Kansas, to be a Mem- ber of the National Institute for Literacy the table, the President be imme- service as U.S. Representative to the Con- ference on Disarmament. Advisory Board for a term expiring January diately notified of the Senate’s action, 30, 2008. and the Senate then return to legisla- Philip S. Goldberg, of Massachusetts, a Ca- reer Member of the Senior Foreign Service, NATIONAL COUNCIL ON DISABILITY tive session. Class of Counselor, to be Ambassador Ex- Victoria Ray Carlson, of Iowa, to be a The PRESIDING OFFICER. Without traordinary and Plenipotentiary of the Member of the National Council on Dis- objection, it is so ordered. United States of America to the Republic of ability for a term expiring September 17, The nominations considered and con- Bolivia. 2007. firmed en bloc are as follows: Richard W. Graber, of Wisconsin, to be Am- Chad Colley, of Florida, to be a Member of the National Council on Disability for a term POSTAL RATE COMMISSION bassador Extraordinary and Plenipotentiary of the United States of America to the Czech expiring September 17, 2007. Mark D. Anton, of Kentucky, to be a Com- Republic. Lisa Mattheiss, of Tennessee, to be a Mem- missioners of the Postal Rate Commission Karen B. Stewart, of Florida, a Career ber of the National Council on Disability for for a term expiring October 14, 2010. Member of the Senior Foreign Service, Class a term expiring September 17, 2007. DEPARTMENT OF TRANSPORTATION of Counselor, to be Ambassador Extraor- John R. Vaughn, of Florida, to be a Mem- James S. Simpson, of New York to be Fed- dinary and Plenipotentiary of the United ber of the National Council on Disability for eral Transit Administrator. States of America to the Republic of a term expiring September 17, 2007. INSTITUTE OF MUSEUM AND LIBRARY SERVICES NATIONAL TRANSPORTATION SAFETY BOARD Belarus. Keven Owen Starr, of California, to be a Mark V. Rosenker, of Maryland, to be DEPARTMENT OF DEFENSE Member of the National Museum and Library Chairman of the National Transportation Benedict S. Cohen, of the District of Co- Services Board for a term expiring December Safety Board for a term of two years. lumbia, to be General Counsel of the Depart- ment of the Army. 6, 2009. DEPARTMENT OF TRANSPORTATION Katherine M. B. Berger, of Virginia, to be John H. Hill, of Indiana, to be Adminis- DEPARTMENT OF ENERGY a Member of the National Museum and Li- trator of the Federal Motor Carrier Safety William H. Tobey, of Connecticut, to be brary Services Board for a term expiring De- Administration. Deputy Administrator for Defense Nuclear cember 6, 2010.

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00180 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2006 CONGRESSIONAL RECORD — SENATE S8905 Karen Brosius, of South Carolina, to be a FEDERAL ENERGY REGULATORY COMMISSION LEGISLATIVE SESSION Member of the National Museum and Library Drue Pearce, of Alaska, to be Federal Coor- Services Board for a term expiring December The PRESIDING OFFICER. The Sen- dinator for Alaska Natural Gas Transpor- ate will now return to legislative ses- 6, 2011. tation Projects for the term prescribed by Ioannis N. Miaoulis, of Massachusetts, to law. sion. be a Member of the National Museum and Li- brary Services Board for a term expiring De- INSTITUTE OF MUSEUM AND LIBRARY SERVICES f cember 6, 2010. Karen Brosius, of South Carolina, to be a Christina Orr-Cahall, of Florida, to be a Member of the national Museum and Library member of the National Museum and Library Services Board for the remainder of the term UNANIMOUS CONSENT AGREE- Services Board for a term expiring December expiring December 6, 2006. MENT—EXECUTIVE NOMINA- 6, 2010. THE JUDICIARY TIONS NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES Frances Marie Tydingco-Gatewood, of Mr. FRIST. As in executive session, I Kenneth R. Weinstein, of the District of Guam, to be Judge for the District Court of ask unanimous consent that all nomi- Columbia, to be a member of the National Guam for the term of ten years. nations received by the Senate during Council on the Humanities for a term expir- DEPARTMENT OF JUSTICE the 109th Congress remain in status ing January 26, 2012. Troy A. Eid, of Colorado, to be United quo, notwithstanding the August 4, Jay Winik, of Maryland, to be a Member of States Attorney for the District of Colorado 2006, adjournment of the Senate and the National Council on the Humanities for for the term of four years. the provisions of rule XXXI, paragraph a term expiring January 26, 2012. Josiah Bunting III, of Rhode Island, to be NOMINATIONS PLACED ON THE SECRETARY’S 6, of the Standing Rules of the Senate, a Member of the National Council on the Hu- DESK with the following exceptions: Cal- manities for a term expiring January 26, FOREIGN SERVICE endar Nos. 37, 169, 553, 614, 624, 572, 881, 2012. PN1713 FOREIGN SERVICE nominations 882; in committees, PNs 719, 1315, 193, Wilfred M. McClay, of Tennessee, to be a 1297, 778. Member of the National Council on the Hu- (223) beginning James C. Charlifue, and end- manities for a term expiring January 26, ing Barbara Matthews, which nominations The PRESIDING OFFICER. Without 2012. were received by the Senate and appeared in objection, it is so ordered. Mary Habeck, of Maryland, to be Member the Congressional Record of June 16, 2006. Mr. FRIST. Mr. President, a number of the National Council on the Humanities PN1785 FOREIGN SERVICE nominations of the nominations we just went for a expiring January 26, 2012. (130) beginning M. Suzanne Archuleta, and through were sent back. For clarifica- NATIONAL SCIENCE FOUNDATION ending John D. Lavelle Jr., which nomina- tions were received by the Senate and ap- tion, they were sent back based on ob- Karl Hess, of Illinois, to be a Member of peared in the Congressional Record of July jections from the minority. So it is the National Science Board, National 12, 2006. clear, they are not coming from me as Science Board, National Science Foundation, the reason they are being sent back. for the remainder of the term expiring May NATIONAL OCEANIC AND ATMOSPHERIC 10, 2008. ADMINISTRATION Thomas N. Taylor, of Kansas, to be a Mem- PN1786 NATIONAL OCEANIC AND AT- f ber of the National Science Board, National MOSPHERIC ADMINISTRATION nomina- Science Foundation, for a term expiring May tions (4) beginning Wade J. Blake, and end- ORDERS FOR TUESDAY, 10, 2012. ing Christopher S. Moore, which nomina- SEPTEMBER 5, 2006 Richard F. Thompson, of California, to be tions were received by the Senate and ap- a Member of the National Science Board, Na- peared in the Congressional Record of July Mr. FRIST. I ask unanimous consent tional Science Foundation, for a term expir- 12, 2006. that when the Senate completes its ing May 10, 2012. Mark R. Abbott, of Oregon, to be a Member DEPARTMENT OF AGRICULTURE business today, it stand in adjourn- of the National Science Board, National Margo M. McKay, of Virginia, to be an As- ment under the provisions of H. Con. Science Foundation, for a term expiring May sistant Secretary of Agriculture. Res. 467 until 11 a.m. on Tuesday, Sep- 10, 2012. tember 5. I further ask that following DEPARTMENT OF AGRICULTURE John T. Bruer, of Missouri, to be a Member the prayer and pledge, the morning of the National Science Board, National Nancy Montanez-Johner, of Nebraska, to hour be deemed expired, the Journal of be Under Secretary of Agriculture for Food, Science Foundation, for a term expiring May proceedings be approved to date, the 10, 2012. Nutrition, and Consumer Services. time for the two leaders be reserved, Patricia D. Galloway, of Washington, to be COMMODITY CREDIT CORPORATION a Member of the National Science Board, Na- and the Senate then resume consider- Nancy Montanez-Johner, of Nebraska, to tional Science Foundation, for a term expir- ation of H.R. 5631, the Defense appro- be a Member of the Board of Directors of the ing May 10, 2012. priations bill. I further ask that at 4:30 Commodity Credit Corporation. Jose-Marie Griffiths, of Pennsylvania, to p.m., the Senate proceed to Executive be a Member of the National Science Board, COMMODITY FUTURES TRADING COMMISSION Calendar No. 819, Kimberly Ann Moore, National Science Foundation, for a term ex- Michael V. Dunn, of Iowa, to be a Commis- piring May 10, 2012. as under the previous order. sioner of the Commodity Futures Trading The PRESIDING OFFICER. Without FEDERAL MEDIATION AND CONCILIATION Commission for a term expiring June 19, SERVICE 2011. objection, it is so ordered. Arthur F. Rosenfeld, of Virginia, to be Fed- DEPARTMENT OF AGRICULTURE eral Mediation and Conciliation Director. f Bruce I. Knight, of South Dakota, to be DEPARTMENT OF STATE Under Secretary of Agriculture for Mar- Randall M. Fort, of Virginia, to be an As- keting and Regulatory Programs. PROGRAM sistant Secretary of State (Intelligence and Research). COMMODITY CREDIT CORPORATION Mr. FRIST. Mr. President, we have NATIONAL FOUNDATION ON THE ARTS AND THE Bruce I. Knight, of South Dakota, to be a had a very full day today addressing HUMANITIES Member of the Board of Directors of the the Family Prosperity Act, the Pen- Manfredi Piccolomini, of New York, to be a Commodity Credit Corporation. sion Protection Act, and the Depart- Member of the National Council on the Hu- COMMODITY CREDIT CORPORATION ment of Defense appropriations bill. We manities for a term expiring January 26, Charles R. Christopherson, Jr., of Texas, to will complete the Department of De- 2012. be a Member of the Board of Directors of the fense appropriations funding bill in NATIONAL LABOR RELATIONS BOARD Commodity Credit Corporation. September. Senators STEVENS and Ronald E. Meisburg, of Virginia, to be Gen- NATIONAL SCIENCE FOUNDATION INOUYE have worked very hard in get- eral Counsel of the National Labor Relations Camilla Persson Benbow, of Tennessee, to ting us this far on the bill, and we have Board for a term of four years. a commitment from the Democratic Peter Schaumber, of the District of Colum- be a Member of the National Science Board, bia, to be a Member of the National Labor National Science Foundation, for a term ex- leader to finish this bill by Wednesday Relations Board for the term of five years piring May 10, 2012. when we return. Members should be expiring August 27, 2010. UNITED STATES POSTAL SERVICE prepared for a busy start of the week FEDERAL MEDIATION AND CONCILIATION James H. Bilbray, of Nevada, to be a Gov- and should note that the first vote of SERVICE ernor of the United States Postal Service for the week will be on Tuesday, Sep- Arthur F. Rosenfeld, of Virginia, to be Fed- the remainder of the term expiring Decem- tember 5, at 5:30 for a circuit court eral Mediation and Conciliation Director. ber 8, 2006. nomination.

VerDate Mar 15 2010 23:30 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00181 Fmt 4637 Sfmt 0634 E:\2006SENATE\S03AU6.PT2 S03AU6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8906 CONGRESSIONAL RECORD — SENATE August 3, 2006 APPRECIATION TO COLLEAGUES COLONEL GREGG F. MARTIN, UNITED STATES ARMY, TO DEPARTMENT OF TRANSPORTATION BE A MEMBER OF THE MISSISSIPPI RIVER COMMISSION. AND STAFF BRIGADIER GENERAL ROBERT CREAR, UNITED STATES JAMES S. SIMPSON, OF NEW YORK, TO BE FEDERAL ARMY, TO BE A MEMBER AND PRESIDENT OF THE MIS- TRANSIT ADMINISTRATOR. Mr. FRIST. Today has been a long SISSIPPI RIVER COMMISSION. NATIONAL TRANSPORTATION SAFETY BOARD day. I thank my colleagues for their REAR ADMIRAL SAMUEL P. DE BOW, JR., NOAA, TO BE A MEMBER OF THE MISSISSIPPI RIVER COMMISSION. cooperation. I also wish everyone a safe MARK V. ROSENKER, OF MARYLAND, TO BE CHAIRMAN TENNESSEE VALLEY AUTHORITY OF THE NATIONAL TRANSPORTATION SAFETY BOARD and restful break. We had a lot of high- FOR A TERM OF TWO YEARS. WILLIAM H. GRAVES, OF TENNESSEE, TO BE A MEMBER DEPARTMENT OF TRANSPORTATION lights over the course of the day. We OF THE BOARD OF DIRECTORS OF THE TENNESSEE VAL- had a lot of passion and some emotion LEY AUTHORITY FOR A TERM EXPIRING MAY 18, 2007. JOHN H. HILL, OF INDIANA, TO BE ADMINISTRATOR OF on the floor. (NEW POSITION) THE FEDERAL MOTOR CARRIER SAFETY ADMINISTRA- EXECUTIVE OFFICE OF THE PRESIDENT TION. I thank all of the people who are here THE JUDICIARY tonight, the clerks, the pages who are JOHN K. VERONEAU, OF VIRGINIA, TO BE A DEPUTY UNITED STATES TRADE REPRESENTATIVE, WITH THE JENNIFER M. ANDERSON, OF THE DISTRICT OF COLUM- here always until very late at night, RANK OF AMBASSADOR, VICE SUSAN C. SCHWAB, RE- BIA, TO BE AN ASSOCIATE JUDGE OF THE SUPERIOR the security personnel throughout SIGNED. COURT OF THE DISTRICT OF COLUMBIA FOR THE TERM CORPORATION FOR NATIONAL AND COMMUNITY OF FIFTEEN YEARS. whom we will say goodbye to as we ANNA BLACKBURNE-RIGSBY, OF THE DISTRICT OF CO- leave the Capitol tonight. When you SERVICE LUMBIA, TO BE ASSOCIATE JUDGE OF THE DISTRICT OF are here at 12:42 in the morning, having GERALD WALPIN, OF NEW YORK, TO BE INSPECTOR COLUMBIA COURT OF APPEALS FOR THE TERM OF FIF- GENERAL, CORPORATION FOR NATIONAL AND COMMU- TEEN YEARS. been here all day, you have a little ap- NITY SERVICE, VICE J. RUSSELL GEORGE. PHYLLIS D. THOMPSON, OF THE DISTRICT OF COLUM- BIA, TO BE ASSOCIATE JUDGE OF THE DISTRICT OF CO- preciation for what it takes to make DEPARTMENT OF JUSTICE LUMBIA COURT OF APPEALS FOR THE TERM OF FIFTEEN YEARS. the Capitol click, the infrastructure, RACHEL K. PAULOSE, OF MINNESOTA, TO BE UNITED the people, the dedication. As Senators STATES ATTORNEY FOR THE DISTRICT OF MINNESOTA UNITED STATES POSTAL SERVICE FOR THE TERM OF FOUR YEARS, VICE THOMAS B. MICKEY D. BARNETT, OF NEW MEXICO, TO BE A GOV- come and go over the course of the day, HEFFELFINGER, RESIGNED. ERNOR OF THE UNITED STATES POSTAL SERVICE FOR A there are a lot of people here who dedi- DEPARTMENT OF DEFENSE TERM EXPIRING DECEMBER 8, 2013. cate themselves and sacrifice a lot of KATHERINE C. TOBIN, OF NEW YORK, TO BE A GOV- NELSON M. FORD, OF VIRGINIA, TO BE AN ASSISTANT ERNOR OF THE UNITED STATES POSTAL SERVICE FOR A their own personal lives to make SECRETARY OF THE ARMY, VICE VALERIE LYNN BALD- TERM EXPIRING DECEMBER 8, 2012. things happen. We appreciate that. WIN. ELLEN C. WILLIAMS, OF KENTUCKY, TO BE A GOV- IN THE ARMY ERNOR OF THE UNITED STATES POSTAL SERVICE FOR f THE REMAINDER OF THE TERM EXPIRING DECEMBER 8, THE FOLLOWING NAMED OFFICER FOR APPOINTMENT 2007. AUTISM IN THE UNITED STATES ARMY TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 624: EXECUTIVE OFFICE OF THE PRESIDENT Mr. FRIST. Mr. President, I had a To be brigadier general PAUL A. DENETT, OF VIRGINIA, TO BE ADMINISTRATOR FOR FEDERAL PROCUREMENT POLICY. bill I had worked on for about 6 years, COL. SIMEON G. TROMBITAS, 0000 the autism bill that was passed to- DEPARTMENT OF VETERANS AFFAIRS IN THE AIR FORCE night. A lot of us made statements ear- PATRICK W. DUNNE, OF NEW YORK, TO BE AN ASSIST- THE FOLLOWING NAMED INDIVIDUALS TO THE GRADE ANT SECRETARY OF VETERANS AFFAIRS (POLICY AND lier in the night, but it is a real pleas- INDICATED IN THE RESERVE OF THE AIR FORCE UNDER PLANNING). TITLE 10, U.S.C., SECTION 12203: ure, in part as a physician who is at DEPARTMENT OF STATE least sensitive to the real challenges To be colonel MARK R. DYBUL, OF FLORIDA, TO BE COORDINATOR OF we have in terms of addressing issues GARY J. CONNOR, 0000 UNITED STATES GOVERNMENT ACTIVITIES TO COMBAT ALAN C. DICKERSON, 0000 HIV/AIDS GLOBALLY, WITH THE RANK OF AMBASSADOR. such as autism, which has had a rapid KATHLEEN A. MCGOWAN, 0000 INTERNATIONAL BANKS increase in incidence over the last two EFREN E. RECTO, 0000 HENRY M. PAULSON, JR., OF NEW YORK, TO BE UNITED decades. THE FOLLOWING NAMED INDIVIDUALS IN THE GRADES STATES GOVERNOR OF THE INTERNATIONAL MONETARY INDICATED IN THE REGULAR AIR FORCE UNDER TITLE 10, We have no idea why. It makes you FUND FOR A TERM OF FIVE YEARS; UNITED STATES GOV- U.S.C., SECTION 531(A): very humble to realize our lack of un- ERNOR OF THE INTERNATIONAL BANK FOR RECON- To be colonel STRUCTION AND DEVELOPMENT FOR A TERM OF FIVE derstanding. But what is exciting is YEARS; UNITED STATES GOVERNOR OF THE INTER- that by pulling together the very best DENNIS R. HAYSE, 0000 AMERICAN DEVELOPMENT BANK FOR A TERM OF FIVE RODNEY PHOENIX, 0000 YEARS; UNITED STATES GOVERNOR OF THE AFRICAN DE- of the public and private sectors, physi- To be lieutenant colonel VELOPMENT BANK FOR A TERM OF FIVE YEARS; UNITED cians, doctors, families, parents, and STATES GOVERNOR OF THE ASIAN DEVELOPMENT BANK; WILLIAM BEYERS, 0000 UNITED STATES GOVERNOR OF THE AFRICAN DEVELOP- communities all gathering together, we JAMES H. BURDEN, JR., 0000 MENT FUND; UNITED STATES GOVERNOR OF THE EURO- can make some real headway in fig- AMY L. LITTLEFIELD, 0000 PEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT. MICHAEL D. SCHAUBER, 0000 uring out the etiology of autism and DEPARTMENT OF STATE To be major manifestations, about understanding CHRISTINA B. ROCCA, OF VIRGINIA, FOR THE RANK OF CRAIG R. BARE, 0000 AMBASSADOR DURING HER TENURE OF SERVICE AS U. S. that and improving treatment and ulti- JOSE J. BERNAL, 0000 REPRESENTATIVE TO THE CONFERENCE ON DISAR- mately a cure. ARIF A. CHOWDHURY, 0000 MAMENT. MATT J. COWAN, 0000 PHILIP S. GOLDBERG, OF MASSACHUSETTS, A CAREER I am very proud of this body and es- ANITA C. FOUNTAIN, 0000 MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF pecially Senator SANTORUM for his tre- YVETTE GUZMAN, 0000 COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND CHRIS HOWELL, 0000 PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA mendous leadership in that regard. WILLIAM HUNT, 0000 TO THE REPUBLIC OF BOLIVIA. f CHAD E. JACKSON, 0000 RICHARD W. GRABER, OF WISCONSIN, TO BE AMBAS- PHILIP M. KRUEGER, 0000 SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF GEORGE A. LEE, 0000 THE UNITED STATES OF AMERICA TO THE CZECH REPUB- ADJOURNMENT UNTIL TUESDAY, MARK J. MACYSZYN, 0000 LIC. SEPTEMBER 5, 2006, AT 11 A.M. ROBERT P. MANESES, 0000 KAREN B. STEWART, OF FLORIDA, A CAREER MEMBER ANTHONY W. MAYFIELD, 0000 OF THE SENIOR FOREIGN SERVICE, CLASS OF COUN- Mr. FRIST. Mr. President, if there is JOSE W. MORALESRODRIGUEZ, 0000 SELOR, TO BE AMBASSADOR EXTRAORDINARY AND JAMES A. ROSS, 0000 PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA no further business to come before the KRISTINA R. SAUNDERS, 0000 TO THE REPUBLIC OF BELARUS. DAVID J. SIMMONS, 0000 Senate, I ask unanimous consent that DEPARTMENT OF DEFENSE the Senate stand in adjournment under ROMMELL SINGH, 0000 TROY THOMPSON, 0000 BENEDICT S. COHEN, OF THE DISTRICT OF COLUMBIA, the provisions of H. Con. Res 467. TODD M. TOMLIN, 0000 TO BE GENERAL COUNSEL OF THE DEPARTMENT OF THE There being no objection, the Senate, JOHN W. WOLTZ, 0000 ARMY. at 12:43 a.m., adjourned until Tuesday, IN THE NAVY DEPARTMENT OF ENERGY September 5, 2006, at 11 a.m. THE FOLLOWING NAMED INDIVIDUALS IN THE GRADE WILLIAM H. TOBEY, OF CONNECTICUT, TO BE DEPUTY INDICATED IN THE UNITED STATES NAVY UNDER TITLE ADMINISTRATOR FOR DEFENSE NUCLEAR NON- f 10, U.S.C., SECTION 531: PROLIFERATION, NATIONAL NUCLEAR SECURITY ADMIN- To be lieutenant commander ISTRATION. NOMINATIONS LORI J. CICCI, 0000 DEPARTMENT OF DEFENSE Executive nominations received by JOHN M. POAGE, 0000 C. THOMAS YARINGTON, JR., OF WASHINGTON, TO BE A f MEMBER OF THE BOARD OF REGENTS OF THE UNI- the Senate August 3, 2006: FORMED SERVICES UNIVERSITY OF THE HEALTH DEPARTMENT OF COMMERCE SCIENCES FOR A TERM EXPIRING MAY 1, 2011. CONFIRMATIONS COLLEEN CONWAY-WELCH, OF TENNESSEE, TO BE A CYNTHIA A. GLASSMAN, OF VIRGINIA, TO BE UNDER Executive nominations confirmed by MEMBER OF THE BOARD OF REGENTS OF THE UNI- SECRETARY OF COMMERCE FOR ECONOMIC AFFAIRS, FORMED SERVICES UNIVERSITY OF THE HEALTH VICE KATHLEEN B. COOPER, RESIGNED. the Senate Thursday, August 3, 2006: SCIENCES FOR A TERM EXPIRING MAY 1, 2011. MISSISSIPPI RIVER COMMISSION POSTAL RATE COMMISSION DEPARTMENT OF TRANSPORTATION BRIGADIER GENERAL BRUCE ARLAN BERWICK, UNITED MARK D. ACTON, OF KENTUCKY, TO BE A COMMIS- CHARLES D. NOTTINGHAM, OF VIRGINIA, TO BE A MEM- STATES ARMY, TO BE A MEMBER OF THE MISSISSIPPI SIONER OF THE POSTAL RATE COMMISSION FOR A TERM BER OF THE SURFACE TRANSPORTATION BOARD FOR A RIVER COMMISSION. EXPIRING OCTOBER 14, 2010. TERM EXPIRING DECEMBER 31, 2010.

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NATIONAL TRANSPORTATION SAFETY BOARD NATIONAL FOUNDATION ON THE ARTS AND THE INSTITUTE OF MUSEUM AND LIBRARY SERVICES ROBERT L. SUMWALT III, OF SOUTH CAROLINA, TO BE A HUMANITIES KAREN BROSIUS, OF SOUTH CAROLINA, TO BE A MEM- MEMBER OF THE NATIONAL TRANSPORTATION SAFETY KENNETH R. WEINSTEIN, OF THE DISTRICT OF COLUM- BER OF THE NATIONAL MUSEUM AND LIBRARY SERV- BOARD FOR THE REMAINDER OF THE TERM EXPIRING BIA, TO BE A MEMBER OF THE NATIONAL COUNCIL ON ICES BOARD FOR THE REMAINDER OF THE TERM EXPIR- DECEMBER 31, 2006. THE HUMANITIES FOR A TERM EXPIRING JANUARY 26, ING DECEMBER 6, 2006. ROBERT L. SUMWALT III, OF SOUTH CAROLINA, TO BE A 2012. THE ABOVE NOMINATIONS WERE APPROVED SUBJECT MEMBER OF THE NATIONAL TRANSPORTATION SAFETY JAY WINIK, OF MARYLAND, TO BE A MEMBER OF THE TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- BOARD FOR A TERM EXPIRING DECEMBER 31, 2011. NATIONAL COUNCIL ON THE HUMANITIES FOR A TERM QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY CONSTITUTED COMMITTEE OF THE SENATE. DEPARTMENT OF TRANSPORTATION EXPIRING JANUARY 26, 2012. JOSIAH BUNTING III, OF RHODE ISLAND, TO BE A MEM- COMMODITY FUTURES TRADING COMMISSION SEAN T. CONNAUGHTON, OF VIRGINIA, TO BE ADMINIS- BER OF THE NATIONAL COUNCIL ON THE HUMANITIES TRATOR OF THE MARITIME ADMINISTRATION. FOR A TERM EXPIRING JANUARY 26, 2012. MICHAEL V. DUNN, OF IOWA, TO BE A COMMISSIONER WILFRED M. MCCLAY, OF TENNESSEE, TO BE A MEM- OF THE COMMODITY FUTURES TRADING COMMISSION DEPARTMENT OF HOMELAND SECURITY BER OF THE NATIONAL COUNCIL ON THE HUMANITIES FOR A TERM EXPIRING JUNE 19, 2011. FOR A TERM EXPIRING JANUARY 26, 2012. JAY M. COHEN, OF NEW YORK, TO BE UNDER SEC- MARY HABECK, OF MARYLAND, TO BE A MEMBER OF DEPARTMENT OF AGRICULTURE RETARY FOR SCIENCE AND TECHNOLOGY, DEPARTMENT THE NATIONAL COUNCIL ON THE HUMANITIES FOR A OF HOMELAND SECURITY. MARGO M. MCKAY, OF VIRGINIA, TO BE AN ASSISTANT TERM EXPIRING JANUARY 26, 2012. SECRETARY OF AGRICULTURE. DEPARTMENT OF COMMERCE NATIONAL SCIENCE FOUNDATION NANCY MONTANEZ-JOHNER, OF NEBRASKA, TO BE UNDER SECRETARY OF AGRICULTURE FOR FOOD, NUTRI- NATHANIEL F. WIENECKE, OF NEW YORK, TO BE AN AS- KARL HESS, OF ILLINOIS, TO BE A MEMBER OF THE NA- TION, AND CONSUMER SERVICES. SISTANT SECRETARY OF COMMERCE. TIONAL SCIENCE BOARD, NATIONAL SCIENCE FOUNDA- NANCY MONTANEZ-JOHNER, OF NEBRASKA, TO BE A NATIONAL LABOR RELATIONS BOARD TION, FOR THE REMAINDER OF THE TERM EXPIRING MAY MEMBER OF THE BOARD OF DIRECTORS OF THE COM- 10, 2008. MODITY CREDIT CORPORATION. PETER SCHAUMBER, OF THE DISTRICT OF COLUMBIA, THOMAS N. TAYLOR, OF KANSAS, TO BE A MEMBER OF BRUCE I. KNIGHT, OF SOUTH DAKOTA, TO BE UNDER TO BE A MEMBER OF THE NATIONAL LABOR RELATIONS THE NATIONAL SCIENCE BOARD, NATIONAL SCIENCE SECRETARY OF AGRICULTURE FOR MARKETING AND BOARD FOR THE TERM OF FIVE YEARS EXPIRING AU- FOUNDATION, FOR A TERM EXPIRING MAY 10, 2012. REGULATORY PROGRAMS. GUST 27, 2010, TO WHICH POSITION HE WAS APPOINTED RICHARD F. THOMPSON, OF CALIFORNIA, TO BE A MEM- BRUCE I. KNIGHT, OF SOUTH DAKOTA, TO BE A MEMBER DURING THE RECESS OF THE SENATE FROM JULY 29, 2005, BER OF THE NATIONAL SCIENCE BOARD, NATIONAL OF THE BOARD OF DIRECTORS OF THE COMMODITY TO SEPTEMBER 1, 2005. SCIENCE FOUNDATION, FOR A TERM EXPIRING MAY 10, CREDIT CORPORATION. RONALD E. MEISBURG, OF VIRGINIA, TO BE GENERAL 2012. CHARLES R. CHRISTOPHERSON, JR., OF TEXAS, TO BE A COUNSEL OF THE NATIONAL LABOR RELATIONS BOARD MARK R. ABBOTT, OF OREGON, TO BE A MEMBER OF MEMBER OF THE BOARD OF DIRECTORS OF THE COM- FOR A TERM OF FOUR YEARS, TO WHICH POSITION HE THE NATIONAL SCIENCE BOARD, NATIONAL SCIENCE MODITY CREDIT CORPORATION. WAS APPOINTED DURING THE LAST RECESS OF THE SEN- FOUNDATION, FOR A TERM EXPIRING MAY 10, 2012. ATE. JOHN T. BRUER, OF MISSOURI, TO BE A MEMBER OF NATIONAL SCIENCE FOUNDATION WILMA B. LIEBMAN, OF THE DISTRICT OF COLUMBIA, THE NATIONAL SCIENCE BOARD, NATIONAL SCIENCE CAMILLA PERSSON BENBOW, OF TENNESSEE, TO BE A TO BE A MEMBER OF THE NATIONAL LABOR RELATIONS FOUNDATION, FOR A TERM EXPIRING MAY 10, 2012. MEMBER OF THE NATIONAL SCIENCE BOARD, NATIONAL BOARD FOR THE TERM OF FIVE YEARS EXPIRING AU- PATRICIA D. GALLOWAY, OF WASHINGTON, TO BE A SCIENCE FOUNDATION, FOR A TERM EXPIRING MAY 10, GUST 27, 2011. MEMBER OF THE NATIONAL SCIENCE BOARD, NATIONAL SCIENCE FOUNDATION, FOR A TERM EXPIRING MAY 10, 2012. NATIONAL INSTITUTE FOR LITERACY 2012. UNITED STATES POSTAL SERVICE JOSE-MARIE GRIFFITHS, OF PENNSYLVANIA, TO BE A TIMOTHY SHANAHAN, OF ILLINOIS, TO BE A MEMBER MEMBER OF THE NATIONAL SCIENCE BOARD, NATIONAL JAMES H. BILBRAY, OF NEVADA, TO BE A GOVERNOR OF THE NATIONAL INSTITUTE FOR LITERACY ADVISORY SCIENCE FOUNDATION, FOR A TERM EXPIRING MAY 10, OF THE UNITED STATES POSTAL SERVICE FOR THE RE- BOARD FOR A TERM EXPIRING NOVEMBER 25, 2007. 2012. MAINDER OF THE TERM EXPIRING DECEMBER 8, 2006. CARMEL BORDERS, OF KENTUCKY, TO BE A MEMBER OF THE NATIONAL INSTITUTE FOR LITERACY ADVISORY FEDERAL MEDIATION AND CONCILIATION DEPARTMENT OF JUSTICE BOARD FOR A TERM EXPIRING NOVEMBER 25, 2008. SERVICE DONALD D. DESHLER, OF KANSAS, TO BE A MEMBER OF R. ALEXANDER ACOSTA, OF FLORIDA, TO BE UNITED THE NATIONAL INSTITUTE FOR LITERACY ADVISORY ARTHUR F. ROSENFELD, OF VIRGINIA, TO BE FEDERAL STATES ATTORNEY FOR THE SOUTHERN DISTRICT OF BOARD FOR A TERM EXPIRING JANUARY 30, 2008. MEDIATION AND CONCILIATION DIRECTOR, TO WHICH PO- FLORIDA FOR THE TERM OF FOUR YEARS. SITION HE WAS APPOINTED DURING THE LAST RECESS NATIONAL COUNCIL ON DISABILITY OF THE SENATE. THE JUDICIARY VICTORIA RAY CARLSON, OF IOWA, TO BE A MEMBER DEPARTMENT OF STATE FRANCES MARIE TYDINGCO-GATEWOOD, OF GUAM, TO OF THE NATIONAL COUNCIL ON DISABILITY FOR A TERM BE JUDGE FOR THE DISTRICT COURT OF GUAM FOR THE EXPIRING SEPTEMBER 17, 2007. RANDALL M. FOR, OF VIRGINIA, TO BE AN ASSISTANT TERM OF TEN YEARS. CHAD COLLEY, OF FLORIDA, TO BE A MEMBER OF THE SECRETARY OF STATE (INTELLIGENCE AND RESEARCH). DEPARTMENT OF JUSTICE NATIONAL COUNCIL ON DISABILITY FOR A TERM EXPIR- NATIONAL FOUNDATION ON THE ARTS AND THE ING SEPTEMBER 17, 2007. HUMANITIES TROY A. EID, OF COLORADO, TO BE UNITED STATES AT- LISA MATTHEISS, OF TENNESSEE, TO BE A MEMBER OF TORNEY FOR THE DISTRICT OF COLORADO FOR THE THE NATIONAL COUNCIL ON DISABILITY FOR A TERM EX- MANFREDI PICCOLOMINI, OF NEW YORK, TO BE A MEM- TERM OF FOUR YEARS. PIRING SEPTEMBER 17, 2007. BER OF THE NATIONAL COUNCIL ON THE HUMANITIES JOHN R. VAUGHN, OF FLORIDA, TO BE A MEMBER OF FOR A TERM EXPIRING JANUARY 26, 2012. FOREIGN SERVICE THE NATIONAL COUNCIL ON DISABILITY FOR A TERM EX- PIRING SEPTEMBER 17, 2007. NATIONAL LABOR RELATIONS BOARD FOREIGN SERVICE NOMINATIONS BEGINNING WITH JAMES C. CHARLIFUE AND ENDING WITH BARBARA MAT- INSTITUTE OF MUSEUM AND LIBRARY SERVICES RONALD E. MEISBURG, OF VIRGINIA, TO BE GENERAL THEWS, WHICH NOMINATIONS WERE RECEIVED BY THE COUNSEL OF THE NATIONAL LABOR RELATIONS BOARD SENATE AND APPEARED IN THE CONGRESSIONAL KEVIN OWEN STARR, OF CALIFORNIA, TO BE A MEMBER FOR A TERM OF FOUR YEARS. RECORD ON JUNE 16, 2006. OF THE NATIONAL MUSEUM AND LIBRARY SERVICES PETER SCHAUMBER, OF THE DISTRICT OF COLUMBIA, FOREIGN SERVICE NOMINATIONS BEGINNING WITH M. BOARD FOR A TERM EXPIRING DECEMBER 6, 2009. TO BE A MEMBER OF THE NATIONAL LABOR RELATIONS SUZANNE ARCHULETA AND ENDING WITH JOHN D. KATHERINE M. B. BERGER, OF VIRGINIA, TO BE A MEM- BOARD FOR THE TERM OF FIVE YEARS EXPIRING AU- LAVELLE, JR., WHICH NOMINATIONS WERE RECEIVED BY BER OF THE NATIONAL MUSEUM AND LIBRARY SERV- GUST 27, 2010. THE SENATE AND APPEARED IN THE CONGRESSIONAL ICES BOARD FOR A TERM EXPIRING DECEMBER 6, 2010. RECORD ON JULY 12, 2006. KAREN BROSIUS, OF SOUTH CAROLINA, TO BE A MEM- FEDERAL MEDIATION AND CONCILIATION BER OF THE NATIONAL MUSEUM AND LIBRARY SERV- SERVICE NATIONAL OCEANIC AND ATMOSPHERIC ICES BOARD FOR A TERM EXPIRING DECEMBER 6, 2011. ADMINISTRATION IOANNIS N. MIAOULIS, OF MASSACHUSETTS, TO BE A ARTHUR F. ROSENFELD, OF VIRGINIA, TO BE FEDERAL MEMBER OF THE NATIONAL MUSEUM AND LIBRARY MEDIATION AND CONCILIATION DIRECTOR. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRA- SERVICES BOARD FOR A TERM EXPIRING DECEMBER 6, FEDERAL ENERGY REGULATORY COMMISSION TION NOMINATIONS BEGINNING WITH WADE J. BLAKE 2010. AND ENDING WITH CHRISTOPHER S. MOORE, WHICH CHRISTINA ORR-CAHALL, OF FLORIDA, TO BE A MEM- DRUE PEARCE, OF ALASKA, TO BE FEDERAL COORDI- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- BER OF THE NATIONAL MUSEUM AND LIBRARY SERV- NATOR FOR ALASKA NATURAL GAS TRANSPORTATION PEARED IN THE CONGRESSIONAL RECORD ON JULY 12, ICES BOARD FOR A TERM EXPIRING DECEMBER 6, 2010. PROJECTS FOR THE TERM PRESCRIBED BY LAW. 2006.

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HIGHLIGHTS Senate passed H.R. 4, Pension Protection Act. Senate agreed to H. Con. Res. 467, Adjournment Resolution. Senate Pension Protection Act: By 93 yeas to 5 nays Chamber Action (Vote No. 230), Senate passed H.R. 4, to provide Routine Proceedings, pages S8671–S8907 economic security for all Americans, clearing the Measures Introduced: Sixty bills and nine resolu- measure for the President. Pages S8747–65 tions were introduced, as follows: S. 3780–3839, and Combating Autism Act: Senate passed S. 843, to S. Res. 548–556. Pages S8800–02 amend the Public Health Service Act to combat au- Measures Reported: tism through research, screening, intervention and S. 843, to amend the Public Health Service Act education, after agreeing to the committee amend- to combat autism through research, screening, inter- ment in the nature of a substitute, and the following vention and education, with an amendment in the amendment proposed thereto: Pages S8765–75 nature of a substitute. (S. Rept. No. 109–318) Santorum Amendment No. 4878, to make certain S. 3678, to amend the Public Health Service Act technical corrections. Page S8772 with respect to public health security and all-hazards YouthBuild Transfer Act: Senate passed S. 3534, preparedness and response, with an amendment in to amend the Workforce Investment Act of 1998 to the nature of a substitute. (S. Rept. No. 109–319) provide for a YouthBuild program, after agreeing to S. 1838, to provide for the sale, acquisition, con- the following amendment proposed thereto: veyance, and exchange of certain real property in the Page S8879 District of Columbia to facilitate the utilization, de- Frist (for Enzi) Amendment No. 4879, in the na- velopment, and redevelopment of such property, ture of a substitute. Page S8879 with amendments. S. 2679, to establish an Unsolved Crimes Section Indian Child Protection and Family Violence in the Civil Rights Division of the Department of Prevention Act Amendments: Senate passed S. Justice, and an Unsolved Civil Rights Crime Inves- 1899, to amend the Indian Child Protection and tigative Office in the Civil Rights Unit of the Fed- Family Violence Prevention Act to identify and re- eral Bureau of Investigation, with an amendment in move barriers to reducing child abuse, to provide for the nature of a substitute. examinations of certain children, after agreeing to S. 2823, to provide life-saving care for those with the committee amendment in the nature of a sub- HIV/AIDS, with an amendment in the nature of a stitute, and the following amendment proposed substitute. thereto: Pages S8879–84 S. 3721, to amend the Homeland Security Act of Frist (for McCain) Amendment No. 4880, to 2002 to establish the United States Emergency Man- make certain revisions to the bill. Page S8881 agement Authority, with an amendment in the na- Superior Court of the District of Columbia: Sen- ture of a substitute. Page S8799 ate passed S. 2068, to preserve existing judgeships Measures Passed: on the Superior Court of the District of Columbia. Middle East Crisis: Senate agreed to S. Res. 548, Page S8884 expressing the sense of the Senate regarding the need Pets Evacuation and Transportation Standards for the United States and the international commu- Act: Committee on Homeland Security and Govern- nity to take certain actions with respect to the hos- mental Affairs was discharged from further consider- tilities between Hezbollah and Israel. Pages S8878–79 ation of H.R. 3858, to amend the Robert T. Stafford D893

VerDate Aug 31 2005 05:52 Aug 05, 2006 Jkt 049060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D03AU6.PT2 D03AUPT2 jcorcoran on PROD1PC62 with DIGEST D894 CONGRESSIONAL RECORD — DAILY DIGEST August 3, 2006 Disaster Relief and Emergency Assistance Act to en- encouraging the adults of the United States to sup- sure that State and local emergency preparedness port, listen to, and encourage children so that they operational plans address the needs of individuals may reach their potential, and the resolution was with household pets and service animals following a then agreed to. Pages S8902–03 major disaster or emergency, and the bill was then Recognizing Kellogg Achievements: Committee passed, after agreeing to the following amendment on the Judiciary was discharged from further consid- proposed thereto: Page S8884 eration of S. Res. 545, recognizing the life and Frist (for Lautenberg) Amendment No. 4881, in achievements of Will Keith Kellogg, and the resolu- the nature of a substitute. Page S8884 tion was then agreed to. Page S8903 Veterans Choice of Representation Act: Senate Adjournment Resolution: Senate agreed to H. passed S. 2694, to amend title 38, United States Con. Res. 467, providing for a conditional adjourn- Code, to remove certain limitations on attorney rep- ment of the House of Representatives and a condi- resentation of claimants for veterans benefits in ad- tional recess or adjournment of the Senate. ministrative proceedings before the Department of Pages S8903–04 Veterans Affairs, to make certain improvements in Department of Defense Appropriations Act: Sen- the area of memorial affairs, after agreeing to the ate continued consideration of H.R. 5631, making committee amendment in the nature of a substitute, appropriations for the Department of Defense for the and an amendment to the title. Pages S8884–93 fiscal year ending September 30, 2007, taking action 2005 District of Columbia Omnibus Authoriza- on the following amendments proposed thereto: tion Act: Senate passed H.R. 3508, to authorize im- Pages S8674–S8723 provements in the operation of the government of Adopted: the District of Columbia, and the bill was then Stevens (for Smith/Wyden) Amendment No. passed, after agreeing to the committee amendment 4777, to make available from Research, Develop- in the nature of a substitute, clearing the measure ment, Test and Evaluation, Air Force, up to for the President. Page S8893–99 $4,000,000 for the Transportable Transponder Land- Printing Authority: Senate agreed to S. Res. 554, ing System. Pages S8674–75 authorizing the printing with illustrations of a docu- Stevens (for Landrieu) Amendment No. 4821, to ment entitled ‘‘Committee on the Budget, United make available from Operation and Maintenance, States Senate, 32nd Anniversary, 1974–2006’’. Marine Corps Reserve, up to $3,500,000 for the In- Page S8900 dividual First Aid Kit. Pages S8674–75 Stevens (for Stabenow) Amendment No. 4789, to Committee Records Production Authority: Senate make available from Research, Development, Test agreed to S. Res. 555, to authorize the production and Evaluation, Army, up to $8,000,000 for the Ad- of records by the Permanent Subcommittee on Inves- vanced Tank Armament System. Pages S8674–75 tigations of the Committee on Homeland Security Stevens (for Bennett) Amendment No. 4837, to and Governmental Affairs. Page S8900 make available from Research, Development, Test Channel Islands National Park: Senate agreed to and Evaluation, Army, up to $1,000,000 for the de- S. Res. 468, supporting the continued administration velopment of a Lightweight All Terrain Vehicle. of Channel Islands National Park, including Santa Pages S8674–75 Rosa Island, in accordance with the laws (including Stevens (for Durbin) Amendment No. 4823, to regulations) and policies of the National Park Serv- make available from Defense Health Program up to ice. Page S8900 $500,000 for a pilot program on troops to nurse U.S. Advisory Commission on Public Diplomacy teachers. Pages S8674–75 Reauthorization: Senate passed S. 3836, to reauthor- Stevens (for McCain) Amendment No. 4838, to ize the United States Advisory Commission on Pub- clarify the treatment of Committee report guidance lic Diplomacy. Pages S8900–01 on certain projects. Pages S8674–75 Coburn/Obama Amendment No. 4787, to limit National Peripheral Arterial Disease Awareness the funds available to the Department of Defense for Week: Senate agreed to S. Res. 556, supporting Na- expenses relating to conferences. (By 36 yeas to 60 tional Peripheral Arterial Disease Awareness Week nays (Vote No. 223), Senate earlier failed to table and efforts to educate people about peripheral arte- the amendment.) Pages S8675–76, S8681–82 rial disease. Page S8902 Coburn Modified Amendment No. 4784, to re- Children and Families Day: Committee on quire the posting of certain reports of the Depart- Health, Education, Labor, and Pensions was dis- ment of Defense on the Internet website of the De- charged from further consideration of S. Res. 532, partment of Defense. Pages S8676–78

VerDate Aug 31 2005 05:52 Aug 05, 2006 Jkt 049060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D03AU6.PT2 D03AUPT2 jcorcoran on PROD1PC62 with DIGEST August 3, 2006 CONGRESSIONAL RECORD — DAILY DIGEST D895 By a unanimous vote of 96 yeas (Vote No. 224), Stevens (for Bond) Amendment No. 4849, to Coburn Modified Amendment No. 4785, to ensure make available up to $8,000,000 for personnel for a the fiscal integrity of travel payments made by the certain intelligence activity. Pages S8703–05 Department of Defense. Pages S8678–80, S8682 Stevens (for Biden) Amendment No. 4851, to pro- Stevens (for Santorum) Amendment No. 4755, to hibit the use of funds for establishing United States make available from Research, Development, Test military installations in Iraq or exercising United and Evaluation, Navy, up to $2,500,000 for Navy States control over the oil resources of Iraq. research and development activities on the Wireless Pages S8703–05 Maritime Inspection System as part of the Smartship Stevens (for Lott/Clinton) Modified Amendment Wireless Project of the Navy. Page S8682 No. 4761, to make available from Research, Devel- Stevens (for Nelson (FL)) Amendment No. 4808, opment, Test and Evaluation, Army, up to to make available from Research, Development, Test $10,000,000 for experimentation and refinement of and Evaluation, Army, up to $5,000,000 for the tactics and doctrine in the use of the Class IV un- Virtual Training and Airspace Management Simula- manned aerial vehicles and ground stations associated tion for Unmanned Aerial Vehicles. Page S8682 with such vehicles. Pages S8703–05 Stevens (for Reed) Amendment No. 4847, to Stevens (for Levin) Modified Amendment No. make available from Research, Development, Test 4840, to make available from Research, Develop- and Evaluation, Defense-Wide, up to $3,000,000 for ment, Test and Evaluation, Army, up to Small and Medium Caliber Recoil Mitigation Tech- $10,000,000 for combat vehicle and automotive nologies. Page S8682 technology. Pages S8703–05 Stevens (for Chambliss) Amendment No. 4828, to Stevens (for DeWine/Voinovich) Modified Amend- make available from Research, Development, Test ment No. 4801, to make available from Ship- and Evaluation, Army, up to $1,000,000 for the building and Conversion, Navy, up to $10,000,000 Automated Communications Support System for for the Carrier Replacement Program for advance WARFIGHTERS, Intelligence Community, Lin- procurement of nuclear propulsion equipment. guists, and Analysts. Page S8682 Pages S8703–05 Kennedy Modified Amendment No. 4802, to re- Stevens (for Nelson (FL)) Modified Amendment quire a new National Intelligence Estimate on pros- No. 4864, to require a cost-benefit analysis of sig- pects for security and stability in Iraq. nificant proposed realignments or closures of research Pages S8674, S8689–90 and development or test and evaluation installations, Bond Modified Amendment No. 4827, to clarify activities, facilities, laboratories, units, functions, or the availability of funds for the National Guard for capabilities of the Air Force. Pages S8703–05 National Guard and Reserve equipment. Stevens (for Allen) Amendment No. 4841, to pro- Pages S8682–85, S8691 vide that, of the amount appropriated or otherwise By a unanimous vote of 97 yeas (Vote No. 225), made available by title II for Operation and Mainte- Boxer/Graham Amendment No. 4858, to prohibit nance, Defense-Wide, up to $2,000,000 may be the use of funds by the United States Government available for the Office of Economic Adjustment of to enter into an agreement with the Government of the Department of Defense to conduct a traffic study Iraq that would subject members of the Armed and prepare a report on the improvements required Forces to the jurisdiction of Iraq criminal courts or to the transportation infrastructure around Fort punishment under Iraq law. Pages S8699–S8703 Belvoir, Virginia, to accommodate the increase in By 96 yeas to 1 nay (Vote No. 226), Coburn the workforce located on and around Fort Belvoir re- Amendment No. 4848, to require notice to Congress sulting from decisions implemented under the 2005 and the public on earmarks of funds available to the round of defense base closure and realignment. Department of Defense. Pages S8680–81, S8703 Pages S8703–05 Stevens (for Sessions) Amendment No. 4774, to Stevens (for Mikulski) Amendment No. 4860, to make available from Research, Development, Test make available from Procurement, Defense-Wide, up and Evaluation, Army, up to $1,000,000 for blast to $12,600,000 for the completion of the final phase protection research. Pages S8703–05 of a certain intelligence activity. Pages S8703–05 Stevens (for Pryor) Modified Amendment No. Stevens (for Voinovich/DeWine) Amendment No. 4846, to provide that, of the amount appropriated or 4797, to provide that, of the amount appropriated or otherwise made available by title IV for the Army otherwise made available by title IV for the Army for research, development, test and evaluation, up to for research, development, test and evaluation, up to $10,000,000 may be available for the Combat Sup- $1,000,000 may be available for the Portable Battery port Hospital—Mobile Support Hospital. Operated Solid-State Electrochemical Oxygen Gener- Pages S8703–05 ator project. Pages S8703–05

VerDate Aug 31 2005 05:52 Aug 05, 2006 Jkt 049060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D03AU6.PT2 D03AUPT2 jcorcoran on PROD1PC62 with DIGEST D896 CONGRESSIONAL RECORD — DAILY DIGEST August 3, 2006 Stevens (for Dodd/Lieberman) Amendment No. Coburn defense of germaneness relative to Coburn 4855, to make available from Research, Develop- Amendment No. 4784, to require the posting of cer- ment, Test and Evaluation, Navy, up to $1,000,000 tain reports of the Department of Defense on the for Energy Regeneration and Conversion Fuel Cell Internet website of the Department of Defense, was Systems to address Navy Unmanned Underwater Ve- rescinded. Page S8677 hicle requirements. Pages S8703–05 Chair sustained a point of order against Nelson Kyl/DeWine Amendment No. 4842, to prohibit (FL) Amendment No. 4853, to appropriate funds for the suspension of royalties under certain cir- a Cuba Fund for a Democratic Future to promote cumstances, to clarify the authority to impose price democratic transition in Cuba, as being in violation thresholds for certain leases. Pages S8698, S8713 of Rule XVI of the Standing Rules of the Senate, Stevens (for Sessions) Amendment No. 4767, to which prohibits legislation on an appropriation bill, make available from Research, Development, Test and the amendment thus fell. Pages S8698–99 and Evaluation, Army, up to $1,000,000 for Ther- Chair sustained a point of order against Stabenow moplastic Composite Body Armor research. Amendment No. 4875, to increase by $200,000,000 Pages S8713–14 the amount appropriated or otherwise made available Stevens (for Byrd/DeWine) Amendment No. by title IX for the purpose of supplying needed hu- 4867, to provide that, of the amount appropriated or manitarian assistance to the innocent Lebanese and otherwise made available by title II for the Army Israeli civilians who have been affected by the hos- National Guard for operation and maintenance, up tilities between Hezbollah and the Government of to $7,500,000 may be available to renovate and re- Israel, and the amendment thus fell. Pages S8714–16 pair existing barracks at Camp Perry, Port Clinton, A unanimous-consent agreement was reached pro- Ohio. Pages S8713–14 Stevens (for Santorum) Amendment No. 4757, to viding for further consideration of the bill at 11 a.m. make available from Research, Development, Test on Tuesday, September 5, 2006. Page S8905 and Evaluation, Army, up to $3,000,000 for Ad- Estate Tax and Extension of Tax Relief Act/Fam- vanced Switching and Cooling Concepts for Electro- ily Prosperity Act: Senate continued consideration magnetic Gun Applications. Pages S8713–14 of the motion to proceed to consideration of H.R. Stevens (for Clinton) Amendment No. 4868, to 5970, to amend the Internal Revenue Code of 1986 make available from Operation and Maintenance, to increase the unified credit against the estate tax Defense-Wide, certain funds may be used for com- to an exclusion equivalent of $5,000,000, to repeal munity-based programs that provide mental health the sunset provision for the estate and generation- and readjustment assistance to members of the Na- skipping taxes, and to extend expiring provisions. tional Guard and Reserve and their families on their Pages S8725–47 return from deployment. Pages S8713–14 During consideration of this measure today, Senate By a unanimous vote of 96 yeas (Vote No. 228), also took the following action: Menendez Amendment No. 4863, to make available By 56 yeas to 42 nays (Vote No. 229), three-fifths from Operation and Maintenance, Navy, up to an of those Senators duly chosen and sworn, not having additional $3,000,000 to fund improvements to voted in the affirmative, Senate failed to agree to the physical security at Navy recruiting stations and to motion to close further debate on the motion to pro- improve data security. Pages S8716–18 ceed to consideration of the bill. Page S8746 Rejected: Subsequently, Senator Frist entered a motion to By 31 yeas to 67 nays (Vote No. 227), Sessions reconsider the vote (Vote No. 229), by which cloture Amendment No. 4844, to make available from Re- was not invoked on the motion to proceed to consid- search, Development, Test, and Evaluation, Navy, up eration of the bill. Pages S8746–47 to $77,000,000 for the Conventional Trident Modi- Pension Security and Transparency Act Agree- fication Program. Pages S8705–11 During consideration of this measure today, the ment: A unanimous-consent agreement was reached Senate also took the following action: providing that it not be in order to consider any Stevens point of order against Coburn Amend- conference report on H.R. 2830, to amend the Em- ment No. 4784, to require the posting of certain re- ployee Retirement Income Security Act of 1974 and ports of the Department of Defense on the Internet the Internal Revenue Code of 1986 to reform the website of the Department of Defense, as being in pension funding rules, during this Congress. violation of Rule XVI of the Standing Rules of the Amtrak Reauthorization—Agreement: A unani- Senate, which prohibits legislation on an appropria- mous-consent agreement was reached providing that tion bill, was withdrawn when the amendment was at a time to be determined by the Majority Leader subsequently modified. Page S8677 with concurrence of the Democratic Leader, Senate

VerDate Aug 31 2005 05:52 Aug 05, 2006 Jkt 049060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D03AU6.PT2 D03AUPT2 jcorcoran on PROD1PC62 with DIGEST August 3, 2006 CONGRESSIONAL RECORD — DAILY DIGEST D897 proceed to the consideration of S.1516, to reauthor- Executive Reports of Committees: Senate received ize Amtrak, that the committee-reported substitute the following executive report of a committee: be withdrawn and the managers amendment at the Report to accompany Protocol Amending 1962 desk be agreed to as original text for the purpose of Extradition Convention with Israel (Treaty Doc. further amendment, the Harkin Amendment at the 109–3) (Ex. Rept. 109–16). Pages S8799–S8800 desk be agreed to and that the only other amend- Treaties Approved: The following treaties having ments in order be the following: McCain on rail se- passed through their various parliamentary stages, up curity, Sununu on long distance trains, Sununu on to and including the presentation of the resolution competition, Sessions on Amtrak debt, that there be of ratification, upon division, two-thirds of the Sen- 1 hour equally divided on each of the amendments ators present having voted in the affirmative, the res- and 1 hour of general debate on the bill, that fol- olutions of ratification were agreed to: lowing the disposition of amendments and the use Council of Europe Convention on Cybercrime or yielding back of time, the managers substitute, as (Treaty Doc. 108–11) with 6 reservations and 5 dec- amended, if amended, be agreed to, the bill as larations; and amended be read a third time, and the Senate then proceed to a vote on passage of the bill; further, that Convention on Supplementary Compensation on no points of order be waived by virtue of this agree- Nuclear Damage (Treaty Doc. 107–21) with a dec- laration and a condition. Pages S8901–02 ment. Page S8902 Authorizing Leadership To Make Appoint- Nominations Confirmed: Senate confirmed the fol- ments—Agreement: A unanimous-consent agree- lowing nominations: ment was reached providing that notwithstanding Jennifer M. Anderson, of the District of Colum- the adjournment of the Senate, the President of the bia, to be an Associate Judge of the Superior Court Senate, the President Pro Tempore, and the Majority of the District of Columbia for the term of fifteen and Minority Leaders be authorized to make ap- years. pointments to commissions, committees, boards, Ronald E. Meisburg, of Virginia, to be General conferences, or interparliamentary conferences au- Counsel of the National Labor Relations Board for a thorized by law, by concurrent action of the two term of four years. Houses, or by order of the Senate. Page S8903 Peter Schaumber, of the District of Columbia, to be a Member of the National Labor Relations Board Authority for Committees: A unanimous-consent for the term of five years expiring August 27, 2010. agreement was reached providing that notwith- Arthur F. Rosenfeld, of Virginia, to be Federal standing the adjournment of the Senate, all commit- Mediation and Conciliation Director. tees were authorized to file legislative and executive Peter Schaumber, of the District of Columbia, to reports on Wednesday, August 30, 2006, from 10 be a Member of the National Labor Relations Board a.m. until 12 noon. Page S8903 for the term of five years expiring August 27, 2010 Signing Authority—Agreement: A unanimous- (Recess Appointment). consent agreement was reached providing that dur- Mark D. Acton, of Kentucky, to be a Commis- ing this adjournment of the Senate, the Majority sioner of the Postal Rate Commission for a term ex- Leader, Senators McConnell and Domenici, be au- piring October 14, 2010. thorized to sign duly enrolled bills or joint resolu- James S. Simpson, of New York, to be Federal tions. Page S8904 Transit Administrator. Nominations Agreement: A unanimous-consent Benedict S. Cohen, of the District of Columbia, to agreement was reached providing that all nomina- be General Counsel of the Department of the Army. tions received by the Senate during the 109th Con- Ronald E. Meisburg, of Virginia, to be General gress remain in status quo, with the following excep- Counsel of the National Labor Relations Board for a tions: (See Nominations Returned to the President). term of four years (Recess Appointment). Page S8905 Arthur F. Rosenfeld, of Virginia, to be Federal Nomination—Agreement: A unanimous-consent Mediation and Conciliation Director (Recess Ap- agreement was reached providing that at 4:30 p.m., pointment). on Tuesday, September 5, 2006, Senate proceed to Mickey D. Barnett, of New Mexico, to be a Gov- consideration of Kimberly Ann Moore, to be United ernor of the United States Postal Service for a term States Circuit Judge, with one hour of debate equally expiring December 8, 2013. divided, to be followed by a vote on confirmation at Katherine C. Tobin, of New York, to be a Gov- 5:30 p.m., with no intervening action or debate. ernor of the United States Postal Service for a term Page S8879 expiring December 8, 2012.

VerDate Aug 31 2005 05:52 Aug 05, 2006 Jkt 049060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D03AU6.PT2 D03AUPT2 jcorcoran on PROD1PC62 with DIGEST D898 CONGRESSIONAL RECORD — DAILY DIGEST August 3, 2006 Mark V. Rosenker, of Maryland, to be Chairman lumbia Court of Appeals for the term of fifteen of the National Transportation Safety Board for a years. term of two years. Phyllis D. Thompson, of the District of Columbia, Paul A. Denett, of Virginia, to be Administrator to be Associate Judge of the District of Columbia for Federal Procurement Policy. Court of Appeals for the term of fifteen years. Frances Marie Tydingco-Gatewood, of Guam, to Charles D. Nottingham, of Virginia, to be a be Judge for the District Court of Guam for the Member of the Surface Transportation Board for a term of ten years. term expiring December 31, 2010. Kevin Owen Starr, of California, to be a Member Colleen Conway-Welch, of Tennessee, to be a of the National Museum and Library Services Board Member of the Board of Regents of the Uniformed for a term expiring December 6, 2009. Services University of the Health Sciences for a term Katherine M. B. Berger, of Virginia, to be a expiring May 1, 2011. Member of the National Museum and Library Serv- C. Thomas Yarington, Jr., of Washington, to be ices Board for a term expiring December 6, 2010. a Member of the Board of Regents of the Uniformed Karen Brosius, of South Carolina, to be a Member Services University of the Health Sciences for a term of the National Museum and Library Services Board expiring May 1, 2011. for the remainder of the term expiring December 6, Robert L. Sumwalt III, of South Carolina, to be 2006. a Member of the National Transportation Safety Karen Brosius, of South Carolina, to be a Member Board for the remainder of the term expiring De- of the National Museum and Library Services Board cember 31, 2006. for a term expiring December 6, 2011. Robert L. Sumwalt III, of South Carolina, to be Ioannis N. Miaoulis, of Massachusetts, to be a a Member of the National Transportation Safety Member of the National Museum and Library Serv- Board for a term expiring December 31, 2011. ices Board for a term expiring December 6, 2010. Troy A. Eid, of Colorado, to be United States At- Christina Orr-Cahall, of Florida, to be a Member torney for the District of Colorado for the term of of the National Museum and Library Services Board four years. for a term expiring December 6, 2010. R. Alexander Acosta, of Florida, to be United States Attorney for the Southern District of Florida Victoria Ray Carlson, of Iowa, to be a Member of for the term of four years. the National Council on Disability for a term expir- Margo M. McKay, of Virginia, to be an Assistant ing September 17, 2007. Secretary of Agriculture. (Prior to this action, Com- Chad Colley, of Florida, to be a Member of the mittee on Agriculture, Nutrition, and Forestry was National Council on Disability for a term expiring discharged from further consideration.) September 17, 2007. Randall M. Fort, of Virginia, to be an Assistant Lisa Mattheiss, of Tennessee, to be a Member of Secretary of State (Intelligence and Research). the National Council on Disability for a term expir- Drue Pearce, of Alaska, to be Federal Coordinator ing September 17, 2007. for Alaska Natural Gas Transportation Projects for John R. Vaughn, of Florida, to be a Member of the term prescribed by law. the National Council on Disability for a term expir- Nancy Montanez-Johner, of Nebraska, to be ing September 17, 2007. Under Secretary of Agriculture for Food, Nutrition, Ellen C. Williams, of Kentucky, to be a Governor and Consumer Services. (Prior to this action, Com- of the United States Postal Service for the remainder mittee on Agriculture, Nutrition, and Forestry was of the term expiring December 8, 2007. discharged from further consideration.) William H. Tobey, of Connecticut, to be Deputy Michael V. Dunn, of Iowa, to be a Commissioner Administrator for Defense Nuclear Nonproliferation, of the Commodity Futures Trading Commission for National Nuclear Security Administration. a term expiring June 19, 2011. (Prior to this action, Christina B. Rocca, of Virginia, for the rank of Committee on Agriculture, Nutrition, and Forestry Ambassador during her tenure of service as U. S. was discharged from further consideration.) Representative to the Conference on Disarmament. Nancy Montanez-Johner, of Nebraska, to be a John H. Hill, of Indiana, to be Administrator of Member of the Board of Directors of the Commodity the Federal Motor Carrier Safety Administration. Credit Corporation. (Prior to this action, Committee Patrick W. Dunne, of New York, to be an Assist- on Agriculture, Nutrition, and Forestry was dis- ant Secretary of Veterans Affairs (Policy and Plan- charged from further consideration.) ning). Manfredi Piccolomini, of New York, to be a Anna Blackburne-Rigsby, of the District of Co- Member of the National Council on the Humanities lumbia, to be Associate Judge of the District of Co- for a term expiring January 26, 2012.

VerDate Aug 31 2005 05:52 Aug 05, 2006 Jkt 049060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D03AU6.PT2 D03AUPT2 jcorcoran on PROD1PC62 with DIGEST August 3, 2006 CONGRESSIONAL RECORD — DAILY DIGEST D899 Kenneth R. Weinstein, of the District of Colum- Donald D. Deshler, of Kansas, to be a Member of bia, to be a Member of the National Council on the the National Institute for Literacy Advisory Board Humanities for a term expiring January 26, 2012. for a term expiring January 30, 2008. Jay Winik, of Maryland, to be a Member of the Bruce I. Knight, of South Dakota, to be Under National Council on the Humanities for a term ex- Secretary of Agriculture for Marketing and Regu- piring January 26, 2012. latory Programs. (Prior to this action, Committee on Josiah Bunting III, of Rhode Island, to be a Mem- Agriculture, Nutrition, and Forestry was discharged ber of the National Council on the Humanities for from further consideration.) a term expiring January 26, 2012. Bruce I. Knight, of South Dakota, to be a Mem- Wilfred M. McClay, of Tennessee, to be a Mem- ber of the Board of Directors of the Commodity ber of the National Council on the Humanities for Credit Corporation. (Prior to this action, Committee a term expiring January 26, 2012. on Agriculture, Nutrition, and Forestry was dis- Mary Habeck, of Maryland, to be a Member of charged from further consideration.) the National Council on the Humanities for a term Nathaniel F. Wienecke, of New York, to be an expiring January 26, 2012. Assistant Secretary of Commerce. Karl Hess, of Illinois, to be a Member of the Na- Philip S. Goldberg, of Massachusetts, to be Am- tional Science Board, National Science Foundation, bassador to the Republic of Bolivia. for the remainder of the term expiring May 10, Henry M. Paulson, Jr., of New York, to be 2008. United States Governor of the International Mone- Thomas N. Taylor, of Kansas, to be a Member of tary Fund for a term of 5 years; United States Gov- the National Science Board, National Science Foun- ernor of the International Bank for Reconstruction dation, for a term expiring May 10, 2012. and Development for a term of 5 years; United Richard F. Thompson, of California, to be a Mem- States Governor of the Inter-American Development ber of the National Science Board, National Science Bank for a term of 5 years; United States Governor Foundation, for a term expiring May 10, 2012. of the African Development Bank for a term of 5 Mark R. Abbott, of Oregon, to be a Member of years; United States Governor of the Asian Develop- the National Science Board, National Science Foun- ment Bank; United States Governor of the African dation, for a term expiring May 10, 2012. Development Fund; United States Governor of the Camilla Persson Benbow, of Tennessee, to be a European Bank for Reconstruction and Development. Member of the National Science Board, National Richard W. Graber, of Wisconsin, to be Ambas- Science Foundation, for a term expiring May 10, sador to the Czech Republic. 2012. (Prior to this action, Committee on Health, Mark R. Dybul, of Florida, to be Coordinator of Education, Labor, and Pensions was discharged from United States Government Activities to Combat further consideration.) HIV/AIDS Globally, with the rank of Ambassador. John T. Bruer, of Missouri, to be a Member of the Karen B. Stewart, of Florida, to be Ambassador to National Science Board, National Science Founda- the Republic of Belarus. tion, for a term expiring May 10, 2012. Charles R. Christopherson, Jr., of Texas, to be a Patricia D. Galloway, of Washington, to be a Member of the Board of Directors of the Commodity Member of the National Science Board, National Credit Corporation. (Prior to this action, Committee Science Foundation, for a term expiring May 10, on Agriculture, Nutrition, and Forestry was dis- 2012. charged from further consideration.) Jose-Marie Griffiths, of Pennsylvania, to be a Wilma B. Liebman, of the District of Columbia, Member of the National Science Board, National to be a Member of the National Labor Relations Science Foundation, for a term expiring May 10, Board for the term of 5 years expiring August 27, 2012. 2011. Sean T. Connaughton, of Virginia, to be Adminis- James H. Bilbray, of Nevada, to be a Governor of trator of the Maritime Administration. the United States Postal Service for the remainder of Jay M. Cohen, of New York, to be Under Sec- the term expiring December 8, 2006. (Prior to this retary for Science and Technology, Department of action, Committee on Homeland Security and Gov- Homeland Security. ernmental Affairs was discharged from further con- Timothy Shanahan, of Illinois, to be a Member of sideration.) the National Institute for Literacy Advisory Board Routine lists in the Foreign Service, National for a term expiring November 25, 2007. Oceanic and Atmospheric Administration. Carmel Borders, of Kentucky, to be a Member of Pages S8906–07 the National Institute for Literacy Advisory Board Nominations Received: Senate received the fol- for a term expiring November 25, 2008. lowing nominations:

VerDate Aug 31 2005 05:52 Aug 05, 2006 Jkt 049060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D03AU6.PT2 D03AUPT2 jcorcoran on PROD1PC62 with DIGEST D900 CONGRESSIONAL RECORD — DAILY DIGEST August 3, 2006 Cynthia A. Glassman, of Virginia, to be Under Coordination and Preparedness, Department of Secretary of Commerce for Economic Affairs. Homeland Security (Recess Appointment). Brigadier General Bruce Arlan Berwick, United William Ludwig Wehrum, Jr., of Tennessee, to be States Army, to be a Member of the Mississippi an Assistant Administrator of the Environmental River Commission. Protection Agency. Colonel Gregg F. Martin, United States Army, to Mark Myers, of Alaska, to be Director of the be a Member of the Mississippi River Commission. United States Geological Survey. Brigadier General Robert Crear, United States John Ray Correll, of Indiana, to be Director of the Army, to be a Member and President of the Mis- Office of Surface Mining Reclamation and Enforce- sissippi River Commission. ment. Rear Admiral Samuel P. DeBow, Jr., NOAA, to Measures Referred: Page S8795 be a Member of the Mississippi River Commission. William H. Graves, of Tennessee, to be a Member Measures Placed on Calendar: Page S8903 of the Board of Directors of the Tennessee Valley Measures Read First Time: Page S8795 Authority for a term expiring May 18, 2007. Executive Communications: Pages S8795–98 John K. Veroneau, of Virginia, to be a Deputy Petitions and Memorials: Pages S8798–99 United States Trade Representative, with the Rank of Ambassador. Executive Reports of Committees: Page S8799 Gerald Walpin, of New York, to be Inspector Additional Cosponsors: Pages S8802–04 General, Corporation for National and Community Statements on Introduced Bills/Resolutions: Service. Pages S8804–61 Rachel K. Paulose, of Minnesota, to be United States Attorney for the District of Minnesota for the Additional Statements: Pages S8792–94 term of four years. Amendments Submitted: Pages S8861–69 Nelson M. Ford, of Virginia, to be an Assistant Authorities for Committees to Meet: Secretary of the Army. Pages S8869–70 1 Army nomination in the rank of general. Page S8870 Routine lists in the Air Force, Navy. Page S8906 Privileges of the Floor: Nominations Returned to the President: The fol- Record Votes: Eight record votes were taken today. lowing nominations were returned to the President (Total–230) Pages S8681, S8682, S8703, S8710–11, S8718, failing of confirmation under Senate Rule XXXI at S8746, S8763 the time of the adjournment of the 109th Congress: Adjournment: Senate convened at 9:30 a.m. and, Terrence W. Boyle, of North Carolina, to be pursuant to the provisions of H. Con. Res 467, ad- United States Circuit Judge for the Fourth Circuit. journed at 12:43 a.m., on Friday, August 4, 2006, William James Haynes II, of Virginia, to be until 11 a.m., on Tuesday, September 5, 2006. (For United States Circuit Judge for the Fourth Circuit. Senate’s program, see the remarks of the Majority William Gerry Myers III, of Idaho, to be United Leader in today’s Record on page S8905.) States Circuit Judge for the Ninth Circuit. Tracy A. Henke, of Missouri, to be Executive Di- Committee Meetings rector of the Office of State and Local Government Coordination and Preparedness, Department of (Committees not listed did not meet) Homeland Security. James F. X. O’Gara, of Pennsylvania, to be Dep- GLOBAL WAR ON TERRORISM uty Director for Supply Reduction, Office of Na- Committee on Armed Services: Committee concluded tional Drug Control Policy. open and closed hearings to examine Iraq, Afghani- Richard Stickler, of West Virginia, to be Assistant stan and the global war on terrorism, after receiving Secretary of Labor for Mine Safety and Health. testimony from Donald H. Rumsfeld, Secretary of David Longly Bernhardt, of Colorado, to be Solic- Defense; General Peter Pace, USMC, Chairman, itor of the Department of the Interior. Joint Chiefs of Staff; and General John P. Abizaid, Norman Randy Smith, of Idaho, to be United USA, Commander, U.S. Central Command. States Circuit Judge for the Ninth Circuit. Michael Brunson Wallace, of Mississippi, to be STATE OF THE OCEANS 2006 United States Circuit Judge for the Fifth Circuit. Committee on Commerce, Science, and Transportation: Sub- Tracy A. Henke, of Missouri, to be Executive Di- committee on National Ocean Policy Study con- rector of the Office of State and Local Government cluded a hearing to examine state of the oceans in

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2006, focusing on the final report of the U.S. Com- III, former Senator John Breaux, and Elizabeth Gar- mission on Ocean Policy and the role of National rett, University of Southern California Gould School Oceanic and Atmospheric Administration (NOAA) of Law, Los Angeles, all on behalf of the President’s in implementing components of the Administration’s Advisory Panel on Federal Tax Reform; David M. response to the report entitled ‘‘U.S. Ocean Action Walker, Comptroller General of the United States, Plan’’, after receiving testimony from Vice Admiral Government Accountability Office; Jane G. Gravelle, Conrad C. Lautenbacher, Jr., USN (Ret.), Under Sec- Senior Specialist in Economic Policy, Congressional retary of Commerce for Oceans and Atmosphere, Na- Research Service, Library of Congress; and James tional Oceanic and Atmospheric Administration; Poterba, Massachusetts Institute of Technology De- Leon E. Panetta, Co-Chairman, and Paul Kelly, partment of Economics, Cambridge. Member, both of the Joint Ocean Commission Ini- Hearing recessed subject to the call. tiative Task Force; Mike Chrisman, California Re- sources Agency, Sacramento; and Michael K. Orbach, BUSINESS MEETING Duke University Marine Laboratory, Beaufort, North Committee on Finance: Committee ordered favorably Carolina. reported S. 2010, to amend the Social Security Act NOMINATIONS to enhance the Social Security of the Nation by en- suring adequate public-private infrastructure and to Committee on Energy and Natural Resources: Committee resolve to prevent, detect, treat, intervene in, and ordered favorably reported the nominations of Drue prosecute elder abuse, neglect, and exploitation, with Pearce, of Alaska, to be Federal Coordinator for Alas- an amendment in the nature of a substitute. ka Natural Gas Transportation Projects, and John Ray Correll, of Indiana, to be Director of the Office NOMINATION of Surface Mining Reclamation and Enforcement, Committee on Foreign Relations: Committee concluded and Mark Myers, of Alaska, to be Director of the a hearing to examine the nomination of Mary Martin United States Geological Survey, both of the Depart- Ourisman, of Florida, to be Ambassador to Barbados, ment of the Interior. and to serve concurrently and without additional NUCLEAR FUEL MANAGEMENT AND compensation as Ambassador to St. Kitts and Nevis, DISPOSAL ACT Saint Lucia, Antigua and Barbuda, the Common- Committee on Energy and Natural Resources: Committee wealth of Dominica, Grenada, and Saint Vincent and concluded a hearing to examine S. 2589, to enhance the Grenadines, after the nominee, who was intro- the management and disposal of spent nuclear fuel duced by Senators Warner and Allen, testified and and high-level radioactive waste, to ensure protection answered questions in her own behalf. of public health and safety, to ensure the territorial NOMINATIONS integrity and security of the repository at Yucca Mountain, after receiving testimony from Senators Committee on Foreign Relations: Committee concluded Reid and Ensign; Edward F. Sproat, III, Director, a hearing to examine the nominations of Cesar Be- Office of Civilian Radioactive Waste Management, nito Cabrera, of Puerto Rico, to be Ambassador to Department of Energy; Martin J. Virgilio, Deputy the Republic of Mauritius, and to serve concurrently Executive Director, Materials, Research, State and and without additional compensation as Ambassador Compliance Programs, Office of the Executive Direc- to the Republic of Seychelles, Cindy Lou Courville, tor for Operations, United States Nuclear Regulatory of Virginia, to be U.S. Representative to the African Commission; Robert L. Loux, Nevada Agency for Union, with the rank of Ambassador, and Donald C. Nuclear Projects, Office of the Governor, Carson Johnson, of Texas, to be Ambassador to the Republic City; David A. Wright, South Carolina Public Serv- of Equatorial Guinea. ice Commission, Columbia, on behalf of National DEPARTMENT OF DEFENSE FINANCIAL Association of Regulatory Utility Commissioners; J. MANAGEMENT Barnie Beasley, Jr., Southern Nuclear Operating Company, Birmingham, Alabama; Geoffrey H. Committee on Homeland Security and Governmental Af- Fettus, Natural Resources Defense Council, Wash- fairs: Subcommittee on Federal Financial Manage- ington, D.C. ment, Government Information, and International Security concluded a hearing to examine financial TAX REFORM management at the Department of Defense, focusing Committee on Finance: Committee held a hearing to on the components of the Financial Improvement examine individual income tax policy, focusing on and Audit Readiness Plan to improve the overall fi- efforts to streamline and simplify the tax code, re- nancial management health of the Department of ceiving testimony from former Senator Connie Mack, Defense, including an understanding of other plans

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involved in improving the financial management in- The nominations of Frances Marie Tydingco- frastructure at the Department, after receiving testi- Gatewood, to be Judge for the District Court of mony from David M. Walker, Comptroller General Guam, and Troy A. Eid, to be United States Attor- of the United States, Government Accountability Of- ney for the District of Colorado, Department of Jus- fice; and J. David Patterson, Principal Deputy Under tice. Secretary (Comptroller), Teresa McKay, Deputy Also, Committee began consideration of S. 2453, Chief Financial Officer, and Thomas F. Gimble, Act- to establish procedures for the review of electronic ing Inspector General, all of the Department of De- surveillance programs, agreeing to an amendment in fense. the nature of a substitute, and subpoenas relating to BUSINESS MEETING American Bar Association (ABA) reports, but did Committee on the Judiciary: Committee ordered favor- not take final action thereon, and recessed subject to ably reported the following business items: call. S. 2679, to establish an Unsolved Crimes Section in the Civil Rights Division of the Department of BUSINESS MEETING Justice, and an Unsolved Civil Rights Crime Inves- Select Committee on Intelligence: Committee met in tigative Office in the Civil Rights Unit of the Fed- closed session to consider pending intelligence mat- eral Bureau of Investigation, with an amendment in ters. the nature of a substitute; and Committee recessed subject to the call. h House of Representatives son ‘Tom’ Garrison Memorial Post Office’’. Signed Chamber Action on August 2, 2006. (Public Law 109–260) The House was not in session today. The House H.R. 4786, to designate the facility of the United is scheduled to meet at 4 p.m on Friday, August 4, States Postal Service located at 535 Wood Street in 2006, unless it sooner has received a message from Bethlehem, Pennsylvania, as the ‘‘H. Gordon Payrow the Senate transmitting its adoption of H. Con. Res. Post Office Building’’. Signed on August 2, 2006. 467, in which case the House shall stand adjourned (Public Law 109–261) pursuant to that concurrent resolution until 2 p.m. on Wednesday, September 6, 2006. H.R. 4995, to designate the facility of the United States Postal Service located at 7 Columbus Avenue in Tuckahoe, New York, as the ‘‘Ronald Bucca Post Committee Meetings Office’’. Signed on August 2, 2006. (Public Law No committee meetings were held. 109–262) H.R. 5245, to designate the facility of the United f States Postal Service located at 1 Marble Street in NEW PUBLIC LAWS Fair Haven, Vermont, as the ‘‘Matthew Lyon Post Office Building’’. Signed on August 2, 2006. (Public (For last listing of Public Laws, see DAILY DIGEST, p. D 890) Law 109–263) H.R. 4456, to designate the facility of the United H.R. 4019, to amend title 4 of the United States States Postal Service located at 2404 Race Street in Code to clarify the treatment of self-employment for Jonesboro, Arkansas, as the ‘‘Hattie W. Caraway Sta- purposes of the limitation on State taxation of retire- tion’’. Signed on August 2, 2006. (Public Law ment income. Signed on August 3, 2006. (Public 109–258) Law 109–264) H.R. 4561, to designate the facility of the United S. 310, to direct the Secretary of the Interior to States Postal Service located at 8624 Ferguson Road convey the Newlands Project Headquarters and in Dallas, Texas, as the ‘‘Francisco ‘Pancho’ Medrano Maintenance Yard Facility to the Truckee-Carson Ir- Post Office Building’’. Signed on August 2, 2006. rigation District in the State of Nevada. Signed on (Public Law 109–259) August 3, 2006. (Public Law 109–265) H.R. 4688, to designate the facility of the United States Postal Service located at 1 Boyden Street in Badin, North Carolina, as the ‘‘Mayor John Thomp-

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 11 a.m., Tuesday, September 5 2 p.m., Wednesday, September 6

Senate Chamber House Chamber Program for Tuesday: Senate will resume consideration Program for Wednesday: To be announced. of H.R. 5631, Department of Defense Appropriations Act. Also, at 4:30 p.m., Senate will begin consideration of the nomination of Kimberly Ann Moore, to be United States Circuit Judge, with a vote on confirmation of the nomination to occur at 5:30 p.m.

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